Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-01-22
SUPREME CoURT OF OHIO

TUESDAY. Jan. 81. 1868.
Chief Justice1Luther Day: Justises-Willap
Scott. Reporter-L. j.. Critchfed.
10 go GENERAL DOCKET. '
No. s.. John Mclntire's administrator and the
GAINESVILLE Canal and Manufacturing Company Y.
The @ of a IN
: WEIGH j. Where's fund was devised in 1915,
with directions to the trustees thereof to invest
to apply the proceeds of the fund for the use and
support Of poor sch ol. or institution" for the
SiiIs Sipss # eRS Rfof children IN the OF
i. That if an Investment of such fund in the
stocks specified has become impractcable, or the
stocks named have become yalueless. the trustees
will be directed to invest the fund in other safe
a. The benefit Of the devise is not limited to the
children of the town as it existed at the date of the
but extends to poor children residing in additions
made to be made thereto. according to the popu-
lar of the word at the time of dispensing the
5. Any permanent spproppTii. .tion Of the proceeds
GAINESVILLE and thus tighten the taxes assessed up
on the property Of the city, would be perversion
IL me and ACKNOWLEDGEMENTS Of sueh appropriaon
4. The ultimate object of the bequest was the
education of poor children in ZanesvIlIe the estab-
lishment and maintenance of school" or 'institu-
sSsee % erca has
indispensable, to the accomplishment of that end,
the d 10 on
and as incidental thereto. including among such
other MEANS that of SO far reey ng the necessities
cable, in where that result cannot otherwise
be att lined. and when the proceeds of the fund
seficient oetfa; for thai ,pIu purpose. lsay. ~
81 No. Al. James j. Faran administrator Of James
= Ewing, deceased. v. John Robinson and others.
Appeal Reserved in the District Court of Ham
iton county.
I. Wnen administrator has made settlement,
believed by him be final. Of the estate of his in
..If tfu af fha 0fofo n haan
exhausted in the payment of debts and Of statutory
allowance the widow; and afterwards action is
in good faith. and with due diligence. in judg-
NAMING unreserved and unsatisfied is Conclusive
evidence 'of indebtedness against the estate. and
o In suca case the administrator is entitled to an
order for the ale of much of the real estate of
to satisfy the Judgment. although such real estate
may have been partitioned among the heirs Of the
in part to purchasers thereof.
8. The debts of decedent are lien upon his real
cum onere. and subject to the application of the
maxim. caveat empter.
No "a Robert Harper v. Isabella Clark. Error
to the District Court of Butler county.
passed June 30. 1864. does not invaidate an un-
stamped instrument. required by the act to be
to evade the provision Of the act:
OF ustice OF tue Peace TO the Court OF common
Pleas, without the proper revenue stamp being a..
fixed to the transcript upon which the appeal wa;
based held, that. on motion to dismiss the appea
for the want of such stamp 1T was error to refuse
the ,pellant permission to stamp the transcript
| aud show that the stamp was not omitted with in
ent to evade the revenue law, and. after such
fusal. to dismiss the appeal,
JUDGMENT reversed and cause remanded.
RI No. 1g Sandusky, Mansfield and Newark rail
.i road Co. v. Hedges and Weldon. Reserved to tn,
District Court of Licking county.
N Demurrer to answer sustained. Judgment re
ri ver<ed and judgment rendered for the amount due
to be collected of the resources of the
properly subject to dividend. =
BRISKERHOFF J., non cor ours in the reversal ant
~ modification of the judgment.
1 a4t MOTION DOCKET.
I No 20. Jonathan Meisse v. The Administrator o
John McCoy: Motion for leave to he a petition il
error to the Dis riot Court of Ross county. e
| iWHITs, j held: Toe service of q summons OF
4 the return day is not void. but only vodable; ano
sside the plaintiff may, undeI section % of tn
| Code within the time therein limited, bring hi
action anew, notwithstanding the time allowed fo
| commencing the actor NAV have expired between
of setting aside the service. III ....iri.-, -fs
l. Nc 40. John Morris ". Adam Wagerly. Leay,
to file petition in erro. rsfu ed 80.
l. No. As Noylor Go. v. U. b. Gould, executor
l.. &c Leave to file petition in error refused.
No. S.. The State ex rel. ": Il. Bates v. Trus
l. No i5o General Docket taken out Of its order an
i set for hearing Feb. goth with No. 125 r,
No. 81. Solomon Ludwig v. Henry Fry. Passe
" No. 81. Lilly stivers v. David G. Borden. Pass
i No. ss. William Clark v. Elizabeth Clark. Leav
4 to file petition in error granted rr.t.l..
a. No. Ct. Jacob Bush ct al. v. Isaac Stookey, &S
L Leave to ile petition in error refused. ~
4 Recess till p. M. for oral argument -a q5r
L cso. laf