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Ohio Legal Aews.

The supreme court this week affirmed the

judgment of the Hamilton county circuit court (Formerly Toledo Legal News.)

in the case of the Cincinnati, Hamilton aud A Weekly, legal Paper Published by

Dayton Railway Co. v. Charles W. Mackelfresh, THE LANING PRINTING CO., administrator. A son of this administrator, NORWALK, OHIO.

aged twelve years, was struck by a train at

Winton Place and killed. The company was EDITED BY

J. F. 1:ANING. sued for $10,000 damages, and a verdict secured ISSUED EVERY FRIDAY AFTERNOON,

for $2,500. This is now made absolute. Subscriptions and business communications should be sent to the publishers.

The decision of the lower court in the case SUBSCRIPTION PRICE, $3.00 PER YEAR, IN ADVANCE. of H. Van Ness v. Brooks, treasurer of HamilOne volume each year, beginning with November.

ton county, has been affirmed by the supreme Ohio Decisions.

court. This seems to declare that brokers in The publishers of the LEGAL News publish annually two volumes, which contain the decisions of the cit whisky must pay the Dow tax just the same as cuit, Superior and common Pleas Courts of the state, saloon-keepers, though the entry, when it is these volumes are issued each week as supplements to given out, may put another light on it. The the LEGAL NEWS, without charge to subscribers.

slip that was handed down simply says that Federal Cases. We also publish one volume each year of Ohio Ped- the reasons for the decision will appear in the eral Cases, advance sheets of which are mailed semi-journal entry. monthly as a supplement to the LEGAL News. Supreme Court Reports.

We recently published the decision of the The publishers of the LEGAL NEWS now have the contract 1or publishing the Supreme Court Reports of circuit court at Canton declaring the armory the state, and are enabled to attach advance sheets of law invalid, and this week we have to chronicle ment, without charge. These sheets are only for tem- a decision of the supreme court, on a matter porary use and do not include indexes. New Subscriptions.

involving the same question, in which the New subscriptions can begin at any time, and back principle announced in the Stark county court numbers of the part devoted to the LEGAL News to the beginning of the subscription year will be sup

is upheld. plied ii desired; but no advance sheets of the Ohio The case decided was that of D. S. Wilder and Decisions will be supplied back of the commencement of the current volume.

other members of tie armory commission at Vol. 3 of Ohio Decisions begins May 4, 1895.

Columbus against D. E. Daniels, and is one of Bound Volumes. Bound copies of Vol. 1 and Vol. 2 of the Ohio Decis- vast importance to all counties contemplating ions can be had at $3.50 per volume, if bound in full the building of National Guard armories, as

Bound volumes of Vol. 1, OHIO LEGAL News ! Toledo the armoty law was declared to be unconstituLegal News) will be furnished at $200 per volume.

Bound copies of any volume of Ohio Decisions, or of tional. The case was originally brought in the ine LBGAL NEWS will be sent in exchange for the ad- court of common pleas, and the law was devance sheets, at $1.00 per volume in full sheep, or 75 cents in half sheep.

clared to be constitutional. In the circuit Missing numbers of LEGAL News or Ohio Decisions, court the reverse decision was made. The 10 cents each.

case is reported in Vol. 1, Ohio Decisions, p. Entered at the Postoffice, Norwalk, Ohio, as second class matter.

244. The principal ground upon which the SATURDAY, OCT. 19, 1895.

supreme court decision was given was that a bill

providing for quarters for the National Guard is COMMUNICATIONS SOLICITED. making provision for a general state purpose, Contributions, items of news about courts and therefore no particular locality can be taxed judges and lawyers; queries or comments; for it. No syllabus of the decision was issued, criticisms on various law questions; addresses so the exact opinion of the court cannot be on legal topics, or discussions upon points of given. The court was not unanimous in its interest, as well as important decisions, are solicited from members of the bar and those decision, Chief Justice Minshall and Justice interested in legal proceedings.

Williams dissentiug. A press correspondent says that guardsmen in Columbus are incensed

over the fate of the law. They are bitter With this number begins volume three of the

against the judges who first declared the law OHIO LEGAL News. We take this occasion to unconstitutional. They declare that the thank our many patrons for their aid in mak- judges, who are state officials, receive an extra ing it grow substantially, as it has since coming salary from the counties in which they are to our hands. In a short time the index for located, and they threaten to test the law per

mitting counties to pay this extra amount. volume two will be published and those They claim that the same principles are inwho desire can have it bound.

volved as in the armory law.

We desire to remind our subscribers who tention of the Ohio legislature and that sechave not had bound the sheets of Ohio DE- tion 3258 be so amended that the county where CISIONS which supplement the Ohio LEGAL the visiting judge sits be authorized to pay the News each week, that we exchange the bound expenses. This matter was referred to the volumes for the unbound sheets returned, for Judiciary committee. $1.00 a volume. Parties who send the sheets to The question of the establishment of a law us will receive the return of a bound volume library or of fixing some means of gaining without delay. Attorneys should consider that better access to the U. S. court of appeals lithe bound volumes in the library are much brary was discussed, but no action was taken. more accessible and useiul than the loose

Following the adjournment of the business numbers piled up in some corner.

session the members of the association ranged

themselves about the tables and partook of an The judges of the second district have fixed excellent lunch, such as always grace their the dates of beginning of terms of common meetings. pleas court for 1896 throughout the district in the counties, as follows: Butler, Jan. 6, May 4, Oct. 12.

Clinton, Jan. 6, May 11, Oct. 5.
Clark, Jan. 13, May 11, Oct. 12.

Miss Ida Humphrey has begun suit at Findlay

agaiust Omer Brown to recover $5,000 which Champaign, Jan. 6, May 4, Oct. 5.

she claims is due her by reason of the defendDarke, Jan. 6, May 11, Oct. 5.

ant's failure to marry her, as per agreement. Greene, Jan. 6, May 4, Oct. 12. Montgomery, Jan. 6, May 4, Uct. 5.

The case of Lincoln Diven against the Big

Four for damages in the sum of $26,000 for the Miami, Jan. 6, May 4, Oct. 5.

loss of a leg, thumb and two fingers at MePreble Jan. 13, May 11, Oct. 12.

chanicsburg in 1892, while employed as brakeWarren, Jau. 6. May 4, Oct. 5.

man, has been tried at Delaware, and the jury returned a verdict giving the plaintiff $15,000

damages. The Cincinnati Bar association held its annual meeting and election of officers Tuesday A sensational suit has been begun at Freevening. Channing Richards presided as Chair- mont. Mrs. Leah Stienwalt sued Willoby man, and Jesse Lowman as Secretary. The Siegenthaler for $10,000 for alleged defamation

of character. Mrs. Stienwalt claims that the balloting for the election of officers resulted in defendant said many uncomplimentary things the selection of Judge William Worthington as about her, damaging her character and reputaPresident; Messrs. F. C. Oldham, L. C. Black, tion. The parties are all well to do and stand J. C. Healey, Channing Richards and w. c. high in that city. Cochran as Vice-Presidents; Frank Finney as A sensation has been created in Wellington Recording Secretary; N. H. Davis as Corre-l by the filing of a suit at Elyria for $10,000 sponding Secretary; and W. G. Hosea as damages by Jesse A. Flanner, of Wellington, Treasurer. William M. Ramsey was elected a Wadsworth, a wealthy resident of Wellington,

against Elmer E. Wadsworth, son of Benjamin member of the association, and the resignation who is charged with having debauched the of Rufus Simmons accepted.

wife of the plaintiff, on December 22, 1892, and E. C. Ferguson brought up the subject of the at other times, wrongfully and wickedly inappointment of a committee to prepare appro- him of the comfort and affection of his wife.

tending to injure the plaintiff, and to deprive priate resolutions on the death of Samuel The parties are all very well known in WellingThompson, and on motion, the following were ton and vicinity. appointed by the chair to act in this capacity: Messrs Ferguson, Wilby, Wald, Jenny and

James Hover, who held $16,000 worth of stock

in the defunct Lima National bank, which Richards.

closed five years ago next April, began a suit Charles Wilby brought up the subject of pro- against Faurot and the other directors to reviding some way to pay the expenses of circuit cover the amount of his stock, with interest. judges who are compelled to sit for each other

Hover charges them with making false state

mients regarding the condition of the bank's in cases of sickness or disability. Heretofore capital and surplus, when in reality both were it has been the custom of the disabled judge to wiped out, and with employing officials who pay the expenses of the one who occupies the were not honest or competent and not taking bench for him; this, in many instances, work- the proper security for the same. The direct

ors are charged with making false statements ing great hardship. It was proposed by Mr. of the bank's condition, when the facts were Wilhv that the matter be brought to the at-Ithat there was nothing after the debts were paid and the stockholders lost the amount of “Within the last year the territory their stock. It is charged that the money, has become the temporary v place effects and property of the bank were squan- of more than 2,000 men and women who dered and no correct set of books kept. Hover says that through the negligence of the board have been attracted there by the lax of directors he lost his stock, $16,000, which he divorce laws. For inany years divorce now sues to recover, with interest.

colonies composed a large per cent of the Judge Pugh has rendered a decision in a case population of South Dakota. It did not involving the special statute authorizing the take long, however, for men and women county commissioners to improve rural streets. who wished to sever the matrimonial The case is styled Florence D. Sullivan v. bonds to learn that Oklahoma offered Charles M. Williams and others. Several years ago Mr. Sullivan sold a tract of land just north superior advantages. of the Villa to C. M. Williams, taking a mort- “The people who are pow gaining the gage for the greater part of the purchase necessary 90-day residence in Oklahoma money. Williams laid the tract out in lots and before filing their petitions for divorce dedicated the streets to the public. Williams then improved a street running through the reside in the four largest cities of the land and bonds were issued for the ini prove- territory-Guthrie, Kingsfisher, El Reno ment by the county commissioners. Williams and Oklahoma City. There are in defaulted on his interest and Mr. Sullivan Guthrie and Oklahoma City several fashbrought suit to foreclose his mortgage, which covered the whole tract, street and all.' Sulli- ionable boarding houses that cater exvan claimed that the land was covered by his clusively to the trade of the divorce mortgage. Judge Pugh held that the statute colony, and elaborate social entertainunder which the street was improved was un ments of every character are given by constitutional and invalidating the assessment the enterprising proprietors. Coaching upon the property.

parties make frequent trips to the neigh

boring Indian reservations." How long will Americans and lawyers When will this machine wear out?— and legislators stand such a state of Albany Law Journal. affairs as we print later in this section? Or is it how long will Americans stand legislators who frame such statutes as

INJURY TO PASSENGER ON CABLE CAR. exist in Oklahoma, in regard to divorce? In Hite v. Metropolitan St. Ry. Co., There is a time when cheap advertising decided in the supreme court of Misstops and when land booms return to souri in July, 1895 (32 S. W. R., 33), it their original particles of earth and air. was held that where, in an action for inThe Chicago Legal News in an article jury from being throne from a cable car un “Divorce while you wait” treats of while rounding a curve, the evidence this nickel-in-the-slot disgrace thus: clearly shows that the accident was caus

“ It is remarkable how rapidly the ed by a lurch of the car on account of average Oklahoma judge can dispatch its speed, and that such speed was necesdivorce business. The defendants usually sary to carry the car around the curve, a know nothing about the proceedings demurrer to the evidence should be sụsuntil the papers are served by the suc- tained. cessful litigant. As a rule, no defense is The court said: “It is insisted by ever offered in divorce cases in Okla- plaintiff that the evidence adduced by homa, for the reason that defendants are her made out a prima facie case, which seldom aware of the beginning of the entitled her to a verdict, unless overcome suit. This is one of the chief advant- by defendant, which was a question for ages this territory offers to divorce liti- the jury. This is unquestionably the gants.

law where there is any substantial evi“Court records tell but little of the dence introduced on the part of a plainpending suits, and it is difficult to obtain tiff to sustain the allegations in the pemuch accurate information concerning tition, as the authorities cited by counsel them either before or after decrees are for plaintiff in their brief abundantly granted. Usually complaints are of the show, but is not the law where the facts briefest possible character and tell noth- necessary to be proven in order to ening of the domestic troubles that are title plaintiff to recover are merely inresponsible for the legal proceedings. ferential or conjectural. The evidence

clearly showed that the only way the

SUPREME COURT OF OHIO. cars could be operated around the curve Official Record rf Proceedings. where the accident happened was by the speed of the cable, and that the lurch or

TUESDAY, October 15, 1895. lunge which precipitated plaintiff from

General Docket. the car was incident to its operation, and 3369. H. Van Ness v. R. B. Brooks, treasurer. could not be avoided. These facts were Error to the superior court of Cincinnati. undisputed. Therefore, the demurrer to Judgment affirmed. Reasons stated in the the whole evidence should have been

journal entry:

3507. M. K. Turner et al. v. Alvan Craig. sustained. There is no evidence upon Error to the circuit court of Harrison county. which to predicate the verdict, and it was Dismissed by consent of parties. the plain duty of the trial court to have

4378. The C., H. & D. Ry. Co. v. Charles W. sustained the demurrer thereto, as well, circuit court of Hamilton county. Judgment

Mackelfresh, administrator. Error to the also, as to haie set the verdict aside, on affirmed. Shauck and Burket, Jl., dissent. motiou of defendant, because of the 4389. The City of Toledo v. Calestia Center. want of evidence to support it. The

Error to the circuit court of Lucas county. interposition of the demurrer at the close

Judgment affirmed. Shauck J. and Minshall,

J., dissent. of the case requires us to review the 4453. Daniel S. Wilder et. al. v. David E. evidence taken as a whole (Hilz v. Rail. Daniel et al. Error to the circuit court of way Co., 101 Mo., 36, 13 S. W.,


Franklin county. Judgment affirmed for reaand, when this is done, there can be but sons given in Daniel v. Columbus, 8 C. c.

Rep, 642. Minshall, C. J., and Williams, J., one conclusion and that is that the plain- dissent. tiff was not entitled to recover. 'When

Motion Docket. the evidence is of that character that the

2487. James McLandsborough, administratrial judge would have a plaiu duty to tor, v. Jane Lyle et al. Motion by plaiutiff to perform in setting aside the verdict as reinstate cause No. 4623 on the general docket. unsupported by the evidence, it is his Motion allowed.

2488. Lewis Meier et al. v. The First Nationduty and prerogative to interfere before al Bank of Cardington, O., et al. Motion by submission to the jury and direct a ver- plaintiffs to advance cause No. 4429 on the gendict for the defendant ( Jackson v. Hardin, eral docket. Motion overruled. 83 Mo., 175; Powell v. Railroad Co., 76

2489. Andrew J. Anderson v. James M. AnMo., 80; Reichenbach v. Ellerbe, 115 No. 4598 on the general docket. Motion over

derson. Motion by plaintiff to reinstate cause Mo., 588, 22 S. W., 573). We have care- ruled. fully considered the motion for a rehear- 2490. George J. Karb et al. v. The State of ing filed by plaintiff and all of the authori- Ohio ex rel. August Pirsig. Motion by defendties cited in support thereof, but see no docket. Motion allowed.

ant to advance cause No. 4560 on the general reason for departing from our original 2492. The State of Ohio v. Francis Snook opinion. The motion for rehearing is et al. Motion by defendants for extension of overruled.”

time to file printed briefs in cause No. 3665 on the general docket. Time extended to Novem

ber 9, 1895. “Now, Mr. Fisk," began the lawyer who

New Cases. conducted the cross-examination, “is not a fact that you harbor a female who goes by the

Causes filed in the supreme court since Oct. name of Mrs. Fisk?"

9, 1895: "Yes, sir."

4738. · Lizzie Smith v. Columbus C. Smith et “Do you not support her?”

al. Error to the circuit court of Athens county. "I do, sir."

Wood & Wood, Grosvenor, Jones & Worstel “Is she your legal wise?”

for plaintiff. L. M. Jewett, Sleeper, Sayre & “No, sir." Jurors scowled.

Davis for defendant. “You will admit that, although you have 4739. Mitchell W. Collins, Ex'r, v. Eli Milnever been inarried to her, she lives with len et al. Error to the circuit court of Greene you?”

county. Little & Spencer for plaintiff. “Yes, sir."

4740. Charles L. Spencer, Adm'r, v. Joseph “That is all. You may step down.",

Holmes, Ex'r, et al. Error to the circuit court The legal light looked victoriously at the of Fayette county. Little & Spencer for plainjury.

tiff, R.L. Gowdy and T. L. Magruder for de"One moment, Mr. Fisk,” said the opposing fendant. lawyer. "What relation exists between you 4741. Joseph C. Allen et al. v. James M. Mcand the lady referred to ?”

Coy, Adm'r. Error to the circuit court of Fay"She is my grandmother."-St. Louis Chron- ette county. Mills Gardner for plaintiff, Haricle.

per & Harper for defendant.

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