The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-11-23

CIRCUIT CoURT.-This Court met at
the usual hour Saturday morning, Judge
Melvin on the bench. 49,
During the morning session, opinions
were delivered in several cases heretofore
submitted. We give the results:
S. w. Wharton, Is. The Supervisors OF
Ohio county, held that the superintend-
ent of turnpike, authorizing member
of the board and entrusted, by. ORDER
with funds to meet expenditures for au-
thorised repairs, has no authority, as
such. to submit to arbitration claims
against the county, growing out OF such
repairs. The award sued upon was set
aside
In the appeal cases from the Municipal
Court, on the police side, it was decided;
The act creating the Municipal Court
provides for appeals from its JUDGEMENTS,
when exercising police jurisdiction, to
the Circuit Court. In the appellate
court, case appealed is to be tried as
upon indictment and presentment; ana,
consequently the trial will be had before
a Jury of twelve. This being the case,
the constitutional right to trial by jury
in cases of crimes and misdemeanors, Is
not violated or impaired. And even II
no appeal was provided for, such orui
nances of the city as create otienses not
included in the public criminal statutes
but which are intended to promote the
peace, health and safety Of the city, un-
der the police authority Of the council
might well be enforced by summary pro
ceedings before the proper city official
Such otfenses ore not within the meaning
of the Bill of Rights. 49,,
5. w. Wharton rs. the Board OF hdu'
cation of Richland township. In TINS
case the evidence for and against the
award, which, on the law side, had been
entered up as the judgment of the Court,
was reviewed, and the conclusion reach
ed that the award should be set aside a
invalid and imperative.
In the matter of the appointment OF
committee for John Thornburg, upon
appeal from the County Court, held, that
the County Court at the date OF Its order
appointing the committee were clothed
with authority to make the order; that
the failure to issue summons at the IN
stitution of the proceeding was waived
by the appearance Of the party IN person
and bv counsel, and that objections to
the pctition came too late after hearing
upon the merits in the court below. ihe
evidence not having been certified 1t Is
impossible to decide that the Court erred
upon the merits. Judgment affirmed.
Mary Garrison rs. John {. Brlnton'
This case was tried at former term,
and $1,000 awarded the plaintitt by the
iurv. A motion for new trial was
made by the defendant, alleging several
errors in the ruling of the court, and that
the verdict was excessive. In paSslng
upon the motion the court held that the
declaration might properly be consider
ed in form, declaration for seduction,
or for loss of service; that the statute OF
limitations pleaded by defendant was a
bar TO anv recovery for seduction, but
otherwise rs to the loss of service, and
that it clearly appeared that the jury is
estimating damages took into considera'
ton more than the mere loss OF service,
being miSlcd, probably, by the claim OF
counsel that damages for seduction were
recoverable, or by the intmatlon OF the
court that exemplary damages could be
given for loss of service. The verdict,
il was ruled, must be set aside as exrr res
sive, unless the plaintiff releases SLOW
of the amount. Time WAS given to de-
eide rs to its release.
In the case of Samuel Hedges Is. j. II.
S,allman n Co., the demurrer to the
declaration was ovcrruled and the case
continued.
In the case of Rolf as. Bcutcr Bros. the
verdict of the jury was set aside and a
new trial awarded, on motion OF the
plaintiff, and on payment of costs.
The LIQUOR cases and the case OF Ed
ward Ricd rs. Groin " Co., are set for
to. day.
The Court adjourned until this morn
ing at 9 o'clock.