The star. (Cincinnati [Ohio]) 1874-1875, 1875-01-13
La " REPORT.
COMMON PLEAS.

Lazarus M. Bonham ct al. v. stephen
A. West ct al. Before Judge Avery. This
was an action in ejectment to recover
possession OF u tract of LOS acres of land
and damages for its detention. The
plaintiffs averred that many years ago,
III 1912, a party named Thomas Williams
was the owner of large tracts of land ON
both sides of the Whitewater river, in
Whitewater township, and undertook to
make q division by metes and bounds
between his two sons, from one of whom
the plaintiffs derived title, and from the
other of whom the defendants derived
title. By the washing OF the river the
channel has been changed from where it
was when the division was made by
Williams, and the tract of land in dis
pute has been formed by the shifting OF
tue channel and the accretions from the
washings OF the river. In progress.
Mathers ct al. v. The. City. Mr..
Campbell claimed that the city has
power to regulate all nuisarces, and by
virtue OF its police powers, to prevent
what, is the natural course OF events,
might result in nuisances; that, in con-
tormity with that power, contracted
with George Thompson and others to
remove ali oIfal, garbage and dead ami
mails beyond the city limits; that an or
dlnance was passed by Council making
it the duty Of any person who desire to
remove animals themselves to obtain
from the President OF the Board of Health,
the Mavor. Il permit to do SO; that the
plaintiffs did not obtain such permit,
wherefore they were arrested. Mr.. Camp
bell.Claimed that the defense OF the plain
titfs, that the Mayor refused them a per-
init, was nothing with which the Court
had to do. The right to grant permit
was vested in the Mayor, and if he made
an unwise or abusive use Of his dis
crelion the plaintiffs remedy was by
mandamus to compel the May to issue
the permit. The claim of the plaintiffs,
that they were anOut to remove the dead
hog beyond the city limits for the pur-
pose OF making test case, was not the
way to raise the question. that it was
the duty of the party with whom the city
entered into the contract 10 remove dead
animals beyond the city limits, and then,
il the owner of the dead animal and the
contractor could not agree IS to the
value, the owner might take possession.
Mr.. Johnson closed the arguments, and
the case was taken under .advisement.
George A. Powell v..The City. This
was an action to recover for personal in
jures sustained by the plaintiff in 1871,
by being thrown from a wagon on Gil
bert avenue. The p.aintif was driving
along the avenue, when u retaining wall
which mad been built in making the av-
enue gave away, the dirt and stone iall-
ing in front of the horse which the plain
tiff was driving, causing it to overturn
the wagon, which fell upon the plaintiffs
arm and permanently injured it. Tie
jury rendered "a verdict lor the plaintiff
Ior $1,000.
The State v. Edward J.. Winans. The
defendant was indicted for petty larceny
in stealing IL box of honey valued at So.
He yesterday retracted the plea Of not
guilty made on iormer occasion, and
pleaded guilty. In extenuation of the
crime, he stated he was under the influ.
ence OF liquor when the theft was CON-
mtted. demanded for sentence.
The State v. Henry Hirschberg. In
this case plea Of not guilty Of grand
larceny was retracted, and plea OF
guilty of petty larceny entered. The de-
iendant was remanded for sentence.
The State v. James Wilson, impleaded
with Charles A. Sidney:lhe defendants
were indicted for burglarizing the prem
ises OF Christian Auther, on Elm street,
in November last. A severance was de-
manded, and Wilson placed on trial. The
defense was an aiibi. The jury rendered
verdict OF guilty.