Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-06
..o !. his death to take the land itself. or to h.v.

eect at his death to taSe the And ltse or 10 nave
The The right or estate Of such ildren does not ac
crue until the death of the tenant for life although
re Sssss Statue does not begin to
against the children. in such case. till after the
to bis Death viii o., Affect their
A proceeding to contest will, under the act Of
18th only 5 sasS Ssa
as between themselves are estopped from setting up
said WILL when it has been once set aside by such
Is TO be regarded as stli subsstng will and their
rights stand wholly unaffected by the proceeding.
and without the Intervention Of jury. to set aside
the will in such case:
No. 50. Harrison Secrest ct al: Y; Barbee Roy
ster Error totbe District Court of Guernsey county.
/. An issue Of fact Joined and determined. aud
which the parties thereto have the right to have
tried by jury. is Indispensable requisite to the
allowance f q second trial under the statute.
.. An undertaking. for q second trial. is purely
tory and. in Determining its legal eff ct refer
its execution and prescrbes its obect. and to the
of the pieadings in the action in which 1t Is
5. The undertakihs required of a party for sec
ond al whose defense is several in its nature. and
hem
to the performance of the judgement or order that
may be finally rendered against him. j
-. Where an undertaking is given to obtain .
second trial by the only party entited to such trial
which. in ITS terms. purpofts to bind the makers to
against all the detendants. consequent upon such
second trial the legal effect Of such undertaking is
may rendered against the party taking the Sec
ond trial. and if such tria results in his favor, no
Judgment Of the district. Court. and that of the
Couf Of Common, Pleas reversed and cause re-
:, No. 81. Washngton Insurance Company =: Will
liam d. Hayes. Error. reserved in the District
DAY c. j. Where Z frs insurance policy con-
tanned prov sion thit. il another insurance shall
ia o
be sold. the policy shall Be void: Held
time the policy wv was T made. under q mortgage. and
the policy. with the assent of the company maxi ns
% sns
not s%fa gale as WIN inysIdats M the policy
stock Of goodi insured in other companies by pcli
ciude the goods Of the former s'ock. and such new
insurance thereon will invalidste the former policy
the terms Of the policy. Judgment reversed and
cause remanded. :,
in Ss o
70 Tss psin; bE s his p Rstss1 ss osr, soIshs ~
Common Please Wood county, from recording the
abstract of the vote in said county upon the ques-
ton Of the removal of the county seat from Perrys
the petition-held:
l. That allegatioas of fraud and illegalitv in con-
Quoting the election. constitute no sufficient ground
for such injunction. Wrongs of such nature can
be inquired into and rearessed. only bv means Of
ef Ap s st
:. ?: Thoughssid o. act. in terms. removes the coun-
ins is. under the towns and cities act Of 1859. an
defstood as using the word toaon in its popular
sense:
form of this act, it is clear that its fifth section is in
the nature Of provso. qualifying the terms Of tho
it is apparent that tse iegsla i've intent was that
the first section should not take effect to
move the sJacto county seat from Perrysburg un-
public business should be erected at Bowling
A. The first section enacts that the reno val shall
take place. af effect shall have been given to its
terms 'as hereinafter provided" By this reference
hen the @
tons are virtually Incorporated into the FIRST SO that
the adoption Of the first section by the electors OF the
OF etsrms and conditions contained in the sec ions
thus referred to. Ift
to that provision of the Constitution which requires
that all laws for the removal of county eeats shall
the county. and be adopted by majority vote of
such electors is the act invalid. though by its
terms the first section only was required to be thus
s. The validity of the act is not affected by the
fact ha. it is to take effect upon specified contin-
Demurrer to petition sustained injunction dissolv-
ed and petition dismissed.
MOTION DOCKET.
No. %. Dayton and Michigan R. r. Co. ". John
G. Bottle. Leave to file petition in error refused.
~ No. GA. Lilly Stivers v. David q. Borden. Leave
granted to file petition in error.
No. 20. 7. j. Haywood 4 Go. v. ID. Banning d
Co. ct al. Leave to file petition in error refusei.
The Court will take recess on Saturday the 9Th
to Tuesday the 18th February. -.
! ~ 0aJc