The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1868-03-05

| If she would not leave her own house and go TO
some other place TO reside with him. He also
permitted his mo ther to mal-treat his wife. Di.
vofce granted, ana petitioner restored to her
original name, of Margaret Boyce. Tripp fol
| petitioner,
Benjamin BrNnseom VS.. Mordacia McClung
| This was replevin suit, for the ownership of a
black and tan terrier dog, and was originally
tried before justice of the peace, and appealed
to this court. Tried by the court.
The evidence showed that Christian Bertsch
bought terrier dog in Portsmouth, for which
he paid the sum of five dollars. The dog proved
to be of no account, and tanner named Sehtabb,
told Bertsch that the dog needed training,
and lanyard was good place to train him
So he took the dog to train, but he did not i'm
! prove much, and a little son of Schtabb traded
him to Lewis French. Lewis traded him to Pat.
Coll. Bertsch saw him tied at Coils, and asked
Con what he was doing with his dog Coll said
it was his dog, and he had boughtltlrom French.
Bertsch replied that it was his dog, but he was
of no account, and would do Coll no good, as he
would leave him as soon as the rope was taken
OF him. Coll sold the dog back to French, and
he traded him to his brother William French.
| William traded him to Branscom the plaintiff
The plaintiff lived in the country, and the dog
coon evinced his former disposition of running
around. He was frequently at Meetings., and
McClung took fancy to him. He learned that
| he belonged TO Bertsch, and coming to town, he
| agl Ub0t ba Uo,tI1 oil for
| Bertsch told him that the dog was of no account,
bnt that if he wanted him he might have him.
Afterwards Branscom wanted Bertsch to give
him the dog. Bertsch told him that he had
already given the dog to McClung, but he would
see MeClung, aud try to have the matter arrang-
ed. BranscOm wanted Bertsch to give him an
order on McClung for the dog, but Bertsch re-
| fused.
Brsnscom claimed title under the supposed
! gift to Coll, but Bertseh testified that he never
gave the dog away until gave him to McClung.
Judgment for defendant Value of the doe
5000. DuHadway for plaintiff, DUNCAN for
defendant
Elizabeth Cochran, by her next friend, John
cochran, VS.. EnOch clark.
| John Cochran and Elizabeth Cochran are hus-
band and wife, but living apart. Last summer
the defendant Clark had Mrs. Cochran arrested
on a charge of stealing carpet sack, contsining
valuable laces. The evidence did not sustain the
charge, and Mrs, Cochran was discharged She
| brought this suit for damages for that arrest.
John Cochran, the husband and next friend in
the suit, asked to have his name stricken out as
next friend. The Court held that the husband
was a necessary party in suit of this character,
and that the suit could not be maintained if he
objected to its prosecution. Case dlsm issed
Laird and George W. johnson for plaintiff Has
tings and DuHadway for defendant.
Mary E. Paul, by L. May, her next friend, VS..
!. I. Monahan. Motion to dismiss becauso next
friend was insolvent. Court held that next friend
in such suit must be responsible for costs. Leave
to substitute responsible next friend. Hastings
for plaintiff Dulladway FOR defendant.
Thomas Herbert VS.. John j. Jones and Isaac
Peters, Tried by the Court Some time last
summer plaintiff contracted with defendants to
make 800 600 bricks, for $500 per thousand.
Nothing was said whether the bricks were to be
estimated by kiln count, or actual count Her.
bert made two kilns, one Of which Jones received
Peters sold over so, 900 from his kiln, but finding
the bricks of an inferior quality, told Herbert
that he would not take the bricks by kiln count.
The parties agreed to refer the matter to two
men, they to choose third if the two could not
agree. Peters testified that the men were to esti-
mate the number of bricks remaining In the kiln.
and also the number to be deducted for inferior
bricks. Herbert testified that the amount of
dsckage was the only matter referred
The Court decided that the weight of evidence
showed that Herbert was correct and that he
should have judgment for the amount claimed
DuHadway for plaintiff, Trip for defendants.
Robert w. Smith and AL. Carr vs.. Thomas
Williams. This was petition in error to reverse
a judgment rendered by a justice of the peace.
The defendant in error mad caused writ of
replevin to be issued bya justice of the peace,
ordering the constable to sieze certain brown
mare said to be wrongfully detained by the plain
tifis in error. Williams had made arrangements
with man to sign the replevin bond, If the
properly should be seized. The Constable took
another mare, and Williams not being present to
identify the property the bond was given. On
the day set for trial Williams was present. and
told the constable that this was not his mare.
The constable then amended his return, stating
that the property was taken by mistake, and that
the property named in the writ could not be
found. Williams then asked money Judgment,
under the Statute Smith 81 Carr claimed that
the trial of the right of property must refer to
the mare seized Williams claimed that the first
return of the constable must be treated as
nullty, and was entirely set aside by the amended
return. Judgment by the justice for $1Oe. The
Court has not yet decided the case. Trlpp fol-
plaintiffs in error, DuHadway and Maekley fol
defendant in error.
The case of Cherington vs.. Booth, contes Ted
election, came up on Saturday, and we argued
the case for Cheringtou. On Monday Mr.. Mayo
argued the case for Booth. lie did not conclude
his argument. The legal questions involved will
be argued the last of this week.
The case of Ohio VS.. Andrew Russell, on an
indictment for murder In the second degree, was
commenced on Monday afternoon. We will give
a full report of this case next week.
| ------S% -z- <s-----
The ancients desired Clocks bushy
and black as the raven" as one of the perfectioni
Of manhood, and tressss lsng, silken and ustrous,
as the crswning beauty of womanhood, but Time,
the ely old dog. drew his fingers through theil
hair and left HIS MARX" in white.--Time is
now Daffied by those who use Rings Vegetable