The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1869-06-10

bOgRs ana the defendant should have been
guilty of the crime charged, and the divorce
must be refused, and the petition dismissed Of
plaintiffs cost. DuHadway for petitioner, Trip
Samuel MeGhee VS.. John Burt One Thomas
by er, shoemaker, sold McGhee certain tools,
stock etc., on debt McGhee held against him
Dyer then absconded, when several parties sued
ont wrlts Of attachment against Dyer, and Burt
as constable, attached the same property. Nc
Ghee replevied the property out of the hands of
Burt. This was the trial Of the right to thepOs-
session of the property. The jury found that
plaintiff had the right to the possession Of the
property. and assessed his damages at $500.
Tripp for plaintiff, Hastings and Laird for de-
tense. t'+
Samuel Jacobs VS.. Mary Cassld ct al Parti-
tiOn. Sale confirmed. Trip for petitioner.
Robert Atet vs.. George w. Johnson. Suit
abated by death Of plaintiff.
Eliza B.. Ridenour vs.. George Poor This was
a suit for breach of marriage contract. Plain
tiff is widow, OF some forty or fifty years of
age, and defendant widower of perhaps sixty.
Case settled. Defendant paid plaintiff five hun
dred dollars and paid the cost. Stevenson and
Moore forplaintlff, Hastings for defendant.
Ann Evans VS.. David E. Evans. This was a
suit for breach Of marriage contract. Case set
tied. Jones for plaintiff, DuHadway & Mayo
for defendant.
Sophronla Farrar VS.. Robert Perry In this
case sale was made, and a motion made to con-
firm. The confirmation was res isted, on the
ground that both plaintiff and defendant asked
to have the sale set aside, on the ground that
the premises would sell fof more money. The
purchaser resisted the setting aside of the sale.
The court set the sale aside. Stevenson and
Trip for plaintiff, Mayo for purchaser.
In the case of Rowe VS.. Rowe, in partition,
the report of the appraisers was returned and
confirmed, and order Of sale made.
Lorenzo D. Lively VS.. Martha Woods ct al.
Partition. Order of partition issued returnab le
at present term. Trip for petitioner.
John W. Steele VS.. George McKlnniss This
was a suit to recover taxes paid on certain lands
sSld. Judgment for plaintiff on first cause of
action S66,62. rA -
! Abraham French vs. David Lewis ct al. This
| was a second trial, ON q motion to revive DOR
mant judgment. At Oct term, 1858, judgment
was rendered against David Lewis, David Thomas
and Samuel H. Books for balance due after
selling certain mortgaged premises. In No.
vember following French gave Thomas Wit
ten release. with the consent of Lewis, but with
out the consent of Books. Lewis claimed that
he had paid French, and that French had prom
se1 to release him also. Jury trial. Verdict
in favor of oil the defendants. Trip and Du-
Hallway for plaintiff, Stevenson ana Mackley
! for defendants.
Charles Sewers vs. Marietta and Cincinnati
Railroad Company. At the Vallandigham meet.
ing in the fall of 1867, on excurtion train came
down from HOmden, and returned about dark
the same day. Before the train left the Depot
in jackson, Sewers and four or five other men
got upon the platform between the passenger
car and the eXpr ess car, and Sewers attempted
to get into the passenger car, but 1t was locked,
the car being full. He then attempted to get
into the express car, but was prevented by the
agents of the company. Mr.. Swift, agent at
where there was room. Mr.. Fisher, the con-
ductor, made the same request, and refused to
start the train until these men went to the box
car. Mr. Spencer hand on the train made the
same request 8 overs and others had been
drinking and refused to leave the platform.
When Fisher, the conductor, refused to start
the train until they left the platform, the men
near ly all got of, when the train was started,
and they again jumped upon the platform, and
remained there until the train had gone some
distance, when Sewers fell off, and his arm was
terribly torn, crlppling him for life For this
lnjur he brought suit for damages. The Jury
brought in favor of defendants. DuHadway &
Mayo for plaintiff, Trip and Oldham for de.
PENDANTS. se
Samuel Baker VS.. Joseph Rogers ct oil. Baker
had rented the American House property from
r. w. Jones, and then rented 1t to Rogers Il
was burned dow D, and Rogers refused TO pay
any rent after the property was burned. De
murer to answer. Demurrer overruled, the cour
holding that the defendant was not bound to pay
rent when the property was burned without BIZ
fault. Leave to reply and continued. TripI
for p lainhH, Hastings for defendants.
Yearian and Barton VS.. Cummins and DUNCAN
Thomas Cummins was in jail, charged with stab
biDg with intent toklll. Levi DUNCAN was his o
torhey, Harrison Cummins and Marion Cum
minis, brothers Of Thomas, came in and procured
earian and Barton 10 go bail for Thomas, and en-
tered into an obligation to pay them $500
Thomas failed to appear,a and DUNCAN went thei
ball There was chattel mortgage taken on tn,
team of one of the Cummlns boys, and 1t wa
agreed by all the parties, including DUNCAN, tha
Cummins should take this mortgage to the clerl
of Jefferson township, which he failed to do. NJ
service on Marion or Harrison Cummins TrieC
by the court as 10 DUNCAN. Judgment In favo
of plaintias. Second trial demanded. Trip
for plaintiffs, DuHadway g Mayo for defend
ant. .1.J.
VIM. II. Palmer, administrator, VS.. John Pc
ters ct al. The party for whom Palmer is ad
ministratOr, died leaving vile and one child
and no property except two notes on defendants
The widow undertook to settle the estate with
out an administrator, and the defendants pa
her the notes In full, and took them up. Sh
applied the money in paying the funeral ex
penses, getting tomb stoues etc., and appllel
the balance to her years support. The cour
remarked that generally such proceedings woul
not be sanctioned but here the money had beel
ap piled exactly as the law would have applie