The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1878-04-25
DISTINCT COURT.

ed its session on Monday of last week
finished the business before it and adj
journed on the Wednesday afternoon
following. The following is sum-
mary of its proceedings:
Alexander III. Wilcox VS. Tunis I.
District Court. Continued with for
mer order.
George Postler vs. Marvin Kent.
Confined gith leave to Plaintiff to
make new pa e and defendant has
petition.
o. III. Newberry ct al. VS. Carlisle
Birge.-Error. This was a suit in re-
plevin, in which the Court of Common
Pleas rendered a verdict in favor OF
the said plaintiffs defendants belo W
against the said Carlisle Birge for the
nominal damages of ten cents. The
plaintiffs in error file their petition in
error claiming that there was mani
fest error in the said judgment in this
that it should have been rendered for
the substantial instead OF for nominal
damage. The Court find that the
Court below erred in the matter COM
planned OF, and set aside the said judg-
ment at the costs of the defendant III
error. Cause remanded to Common
Pleas for new trial.
w. II. Carver vs. The Second Ma
tional Bank of Cleveland, O.-Error.
In the Court below the defendant i'll
error recovered against the plaintiff
in error at the September term, 1877,
a Judgment for 1851. Al which the said
plaintiff claimed wss erroneous. The
statement of facts submitted by the
parties shows that the defendant was
indebted to the plaintiff on the 3lst
day of May, 1858, in the sum OF S766 81
and was also indebted TO divers other
persons, and was insolvent and unable
to pay his creditors the amounts due
them and soon after made an assign
ment for the benefit of his creditors
and compromised with many of them
at about Is per cent. on the face OF
their claims. On the 29th of Novem.
ber, 1869, the said plaintiff in error
wrote to Joseph Perkins, the Presi-
dent of the Bank, expressing his abil-
ity and willingness to pay the full
amount of the claim. $4,000, and
sending notes for the same. which are
the same notes upon which suit is
brought and for which the judgment
below was rendered. The plaintiff in
error claims that the said notes were
without legal consideration and that
the judgment should have been in fa-
vOr of him instead of the said Bank.
The Court affirm the Judgment of the
Common Pleas, with judgment for
defendant in error for costs in error.
Horace w. Hawkins VS. Chauncey
Converse.-Appeal. Leave given to
make new parties defendant within
60 days. Plaintiff ordered to give bail
for costs within 60 days, and contin-
ued.
Julian Gilbert VS. Catherine Folk.
Appeal dismissed at plaintiffs costs.
David G. Davis VS. Rachael f, Ad-
ans. Appeal dismissed at plaintiffs
costs.
Elias Hickman VS. S. M. Blake. Con-
tinued for service.
Sarah E, Warner VS. Seymour Strong
ct al. Appeal. Continued.
Shem Lewis VS. Lester A. Bushnell.
Demurrer to petition sustained and
petition dismissed. Plaintiff excerpts.
Milton Moore VS. Alonzo Newton.
Error to reverse judgment of Com
mon Pleas rendered in favor of said
III eTTOT at tu0 ldSJ C6Tui.
Judgment of Court below affirmed.
VIM. A. Messenger VS. Worcester
Bliss. Error. Petition dismissed be-
cause there is no final order in the
Court below.
Erastus Darrow VS. Milo Shorts Ell
al.-Error. Plaintiff commenced suit
against defendants in the Court of
Common Pleas, and at the January
term, 1878. of said Court the petition,
Oh motion of defendants, was dis
missed, to which holding plaintiff ex-
cepted and filed his petition in error.
The Court affirmed the judgment of
tho Court below.
Peter Schwartz VS. John Kunkie.-
Error. Suit brought in Common
Pleas to recover the value of water
wheel furnished by Kunkle to pls l.
tiffs in error, wherein he recovered
judgment for S3OO.10 and costs. The
judgment of the Court below was re-
versed on the ground of allowing a
certain deposition to be given to the
jury at the trial by which the jury was
improperly Influenced.