The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1869-09-23

Some wears ago Day 81 Matlack had house and
lot in Berlin, ,belopgipgto Mlsner selzed upon
anHttachment for debt. The wife Of ATisner for
herself and her miner children, demanded the
assignment OF homestead in said premises,
which was done accordingly. Misner and h is
family occupied said homestead for some years,
aud Mrs. Misner and her children still occupy
pied tie premises Misner abandoned his family
and went of with another woman. Mrs. Msner
filed her petition for divorce ana allmony, Di.
yorce granted on account Of adultery, with ali
mony. After the granting of the divorce, Day
Il Matlack filed motion to set aside the home
stead, as Mrs. Misner was no longer the wife of
Samuel N. Misner. Molten overrulcd in the
Common Pleas, and petition In error 6led.
Judge Brinkerh0a said that the Court was unan-
imous In the opinion that the family were still
entitled to the homestead. Judgment or the
Common Pleas affirmed, with costs. Hastings
for Day & Mauack; DuHadyay and Mackley
Tor MIS- Misner. .s'gs syHs sgw r. Tsw
Jasper Long Us, The State ok0hio. Plaintiff
before justice ofthe peace, charging him with
having maiclously injured steer to the value
of $33 90. He was bound over for appearance
before the'PIpb6te Court. In the Probate Court
the Prosecuting Attorney filed an Information,
charging lpjurStO The property to tle amount
of $50 90. After the filing of the Information,
the Prosecuting Attorney asked and obtained
leave to amend the Information. He then era sed
his name at the bottom Of the Information, and
added the usual conclusion and then resigned
the Information. 8.; ELttE-.
The case then went to trial, and defendant
was found guilty, the jury finding the amount
of injury to the property to be SO so. A petit
tion in error was fled ella Inning that when the
Prosecuting sAttorpeyEerased his.name the In
formation was destroyed, and there was nothing
tosahepa ,ASo, that when The Infprmatlon
charged injury to property to the amount of
S35 %, it took the case out of the Jurisdiction
ofthe Probate CouFts ,r4 ~ .tEEE
Judge Guthrie delivered the opinion of the
Court, holding first, that the erasure of the
name Of the Prosecuting Attorney, when the
name was at once signed again, did not destroy
the Information, aud second, that the finding
ofthejury fixed the amount of the injury to the
property, and showed that the Probate Court
had. jurisdicton Judgment of the Probate
Court affirmed. Laird for plaintiff In error,
Jones for State.
Martin o. Sutherland and James Burchield
vs.. James Finch. Defendant in error held
joint and several note against plaintiffs in error,
and left it with justice of the peace for collee-
ton. No summons was issued, and Burchfleld
Uppeared before the justice and coAfessed judy
ment, and put in security for stay of execution.
A writ Of error was filed in the Common Pleas
and the judgment against Sutherland was re-
versed, and the Judgment against Bnrchleld af-
hrmed. The case was brought into this Court
on error, asking that the judgment against
Burchheld also be reversed. The Court, Judge
Wright delivering the opinion, held that Burch-
field had right TO confess Judgment as to him
self, and with the assent of the plaintiff, the
Justice had right to enter such Judgment
Judgment Of the Common Pleas was affirmed,
with penalty Of five per cent, and costs Laird for
plaintiff in error Trip for defendant in error.
Pcrmelia Yeager ct al.,vs. Joseph F. Cackoy.
Samuel Yeager was partner in Limestone Fur
mace co. When the company became involved
in debt, several of the stockholders took up
claims dug, TIC creditors, and secured them by
mortgage upon their private propertBA Yeager
took up acclaim due from the company TO Cack-
ley, for S., 600 20, and gave a mortgage on his
farm, and Permea Yeager, his vile, Joined in
the mortgage. Yeager died in the army,
and Catkley foreclosed the mortgage. Mr.. Col
lins, Receiver Of Limestone, agreed to pay the
Cackley claim, aud did pay one half Of It, but
failed to pay the other half. Mrs. Yeager re-
sisted the confirmation of the sale, but the sale
was confirmed, and Cackley was ordered to pay
back to the Receiver the $500 90 paid on the
claim The petition in error set out these facts.
The Court, Judge Guthrie deliAering the opinion,
held that Courts always presumed that inferior
Courts and all officers, did not commit error
and when error is alleged, itmust be shown
afirmatively, or otherwise. In this case the
transcript did not set out the evidence heard in
the Common Pleas on the motion TO set aside
the sale, and itlnust be presumed that the Court
below had ample testimony TO warrant its aC-
ton. Judgment Of the Common Pleas affirmed
with costs. Tripp and Laird for plaintiff in
error, HuLchins for Cackley. q e. ..-.
Andrew Long w. Kyle g. Brown. Appeal.
Long leased ceftain lands to defendants. who
had six months to examine and test the coal.
If coal should be found, then defendants had
eighteen months in which to commence mining
operations, and were to pay Long certain price
per ton for the coal mined, and if defendants
should fail to commence opera tions within the
time, compensation should be paid to Long,
Defsndants bored and found the coal, but never
attempted to mine II, for the reason that there
was no market for coal, and mlning it would
not be profitable. There was charge 0 f fraud
in obtaining the lease, the petition charging
that defendants represented that they would
employ one thousand hands, and thus build up
the town, and enhance the value of Longs other
property, y 1gRBua f.viQilrtij
The Court decided, Judge Guthrie delivering
tuef Vpiuivhi Vhae sHS ASosv' hiueV Oo uSS'"iSu
void, as defendants had wholly failed to comply
with the contract on their part. Bill of exeep-
tions allowed, DuIIndway y Mayo for plaintiff;
Tripp & Laird for defendants.
Ripley and Vincent ys. John Cochran ct al.
Appeal. John Cochran was keeping a saloon
in jackson, and owned one half of the building
in which It was kept. He was in debt to several
persons He conveyed his real estate to Marga-
ret NJ. Clewers, his mother-in-law. The creditors
asked to have the deed set aside, as fraudulent.
Cochran testified that the deed was made with
out oansidarotion and for tba nurnose oF kaen