The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1875-11-18


Ann Cole VS.. Pittsburg, Cincinnati
and St. Louis Railroad Company ct al.
The jurysbroughti in a verdict against
the F., C. g. ST. l.. II. r. Co. for $500 in
favor of.the defendants.
Case Of Michael Cline, who brings suit
against VIM. Quirk and Rosetta Quirk
tor 81, 900 damages sustained by the death
of his wife, caused by falling In privy
vault ON the premises belonging to them,
is still in progress.
Quinn VS.. The City,. Before Judge.
Force. Judgment of Police Court re-
yersed.
Bernhard Cam made an assignment
to MONTE Beltman for the benefit OF cred-
itors.
The Walnut Hills Street Railroad Com
pany vs.. Avondale and Inclined Plane
Railway Company and A. Il. Jones. The
Injunction against the latter road was
modified and "a second track permitted
to be laid on Hunt and Broadway streets
cenditionally.
SUPREME COURT.
No. 359. The Pittsburg, Cincinnati and
St. Louis Railway Company vs.. Minnie
Hine, administrative OF Robert X. Hine;
deceased. Motion for leave to file petit
tion in error to reverse the judgments Of
the District. Court and Court of Common
Hlease OF Muskingum county.
Judgments of the District Court and
Court OF Common Pleas reversed, and
cause remanded to the Court of Common
Pleas for further proceedings.
No. 1882. Asbury Dallas VS.. Henry
Ferneau. Motion for leave to Gle q pe-
titionin error to the District Court of
Ross county.
!, Rex, u: Where judgment.is rendered
In default, in an action ON ansaccount,
without proof Of the plaintiffs, claim,
there is no error for which, the Judgment
villa be reversed; therequirin& Of sucta
proof, on failure, to answer, being q
matter. within the discretion Of the
COurts *. ,s Yssfy sEsN # M
/, Notion granted, lidgment of the Dis
trict Court reversed, and that OF the.
Colirtsof Common Pleas, affirmed K
{ A., H. Brpndagea VS. John S. Biggs.
Motion for leave to, ,hleaipetiti6H ih err
for.. to reverse thejudgment Of the Dis
'tfict Court Of Greene county. Leave
No. $40. George Davis and others VS..
John Wm, Corwine' and William NJ;
Mcclure, Executors Of Keziah Davis.
Motion i0r leave 10 file atpetition in err
ror to reverse the Judgment OF the Dis-
trict Court Oh Pike county. Motion oyer-
ruled.
No. 296. Jones, stranathan SEQ. va.
VIM. Greayes. Motion to- file a petition
I'M error to reverse the District. Court of
Muskingunf county
McIlyaine q. j. Held; On the trial OF
a civil action wherein the claim or de-
Tense ID based on an alleged fraud the
issue may pc determined In accordance
WITH the. prepoAaefance or weighg OF
evidence, whether the facts constituting
to an indictable offense. Motion over
ruled.
No. 3S6. Jacob Hot We. Margaret Fish
;er. In Dastardy. Motion for leave to,
tile q petition IN error to the District.
Court Of Hamilton county.
BY the C0urts l. Ihe neglect OF alJus.
dce Of the Peace TO. ME q Transcript and
other papers IN pastaruy proceeding
with the CLERK Of the Courtof Common
Pleas within thirty Gays from the date
or the examination, as provided In the
sixth section Oh tne Dastardy act ~ y.
u. 112) does not necessarily, defeat the
prosecution. Motion overruled,
NO. 40I. Wm. ~ Smitl and samuel
Wallace vs.. james baiiey. Motion for
leave to nile petition In error to re-
verse the judgment Oh tne District Court
of Hamilton county
BY the Court. section OF the act to
reliesethe district courts, passed April
IL, 1858, Is. u g., 100 y does not apply to
cases OF motion ior new trial on, the
ground OF newiy-uiscovered evidence, SO
as'tosmake t1esoxerruiing Of themotion;a
ground OF error; and as such motions
are addressed to the discretion Of the
Court, its rulings thereon can not be as.
signed for error, unless where the ma
teriat facts are admittedi or found by' the
Eourt vehQrnf thpf4f HaH beQII n /