Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1869-02-03
SUPREME COURT OF OHIO.
[onicial Report Supervised by the Supreme
Court Reporter.
TUESDAY, Jan. 19. 1869.

TUESDAY, Jan. ~, 1869. i p
Hon. Luther Day, Chief Justice;
Hon. William White, Hon. Jacob
Brinberhoff, Hon, Josiah Scott and
Hon, John WEIGH, Judges. L. J.
Critchfcld, Esq, Reporter.
MOTION DOCKET.
No. 26.f William NJ. Armstrong
V. Spencer Spears Motion for leave
to file petition in error.
BY the Court-held
l.. The offer to- compromise"
provided for in section 493 OF the
Code, and the offer to Confess judg-
mont," provided for in section 499,
cannot properly be made in the an
swer in an action, but TO be effect
ual must be made as follows: The
"offer to compromise" in a separate
writing, to be served as prescribed
in section 493 and the "offer to
confess Judgment" " in open court, in
the presence of the plaintiff, or in
pursuance Of the notice to him pre-
scribed in section 498.
2. The averment in an answer
that the defendant, on d day nam ed,
rendered to the plaintiff a specified
sum as being the amount eGuitably
due to him on his alleged causes of
action, and that the plaintiff refused
to receive the same; and that the
defendant, ever since that time, has
been and still is ready and willing
t pay the plaintiff the sum tender.
ed with interest from the day it was
made, and now offers to confess
Judgment therefor; is not good
either as an "offer to compromise"
under Sec. 493 Of the Code, or as an
"ofier to confess Judgment under
Sec. 498, because not made in the
manner prescribed in those sections
Motion overruled.
No. 81. Jacob Lambert v, James
Mustard ct al. Motion for leave to
file petition in error to reverse the
judgment of the District Court of
Hardin county affirming tho decis.
ion Of the Common Pleas.
By the Court-held:
1, 1t is competent for tho Court
of Common Pleas, under section
534 of the code, part 3, on motion,
to modify, at a subsequent term, the
entry Of a verdict and Judgment in
a civil action, so as to show that the
Judgment was, in fact, rendered on
June 10th, though not recorded un.
til the 10th; and that an undertak.
ing for q second trial Of the case
executed, approved and fled on the
10th, was SO executed. approved and
filed, after tho judgment was pro.
nounced and the second trial was
allowed g .'pi .4 iI'l "i' .'.
2, On such motion parol evidence
is admissible. a ooS atlI. b
Motion overruled. g n
No. %. The State en- rel. Nevins
& Myers v. The Commissioners Of
Printing. Mandamus. Motion to
make new parties overruled.
No. 25. The Board of Education
Of Union township, Clinton county,
v. Amos Hocket. Leave to file pc.
tition in error refused. irBcm 4 Is
No. 30: The Passenger r. r. Co.
v, Isaac Young. Leave granted to
file petition 10 error. -,d "
No. 81. The City Of Cincinnati
vlAGroye j. Penny. leave granted
to file petition in orror, 81, s'1 y
No, 33. The City Of Hamilton "
James A. Sweet. Leave granted to
Ale petition in error. ~ 1FeN ~.
No. AL Perry Bechtle v. The
State Of Ohio. Writ Of error re-
FUSED. s.las NJ g.Sllsg ail,Q w.
No. 46. Lewis Davis v. The
State Of Ohio. Writ &C error 70.
.f,thnd fllf'I1. fFnf hi H HfH l'ai iftiNI ~
b, Adjourned till Thursday at 10
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