Obio Legal News.

A Weekly Legal Paper Published by THE LANING PRINTING CO.,

EDITED BY

NORWALK, OHIO.

J. F. LANING.
ISSUED EVERY FRIDAY AFTERNOON.

attacked in court. It is claimed by those who have looked into the question that a compulsory law of the kind is inoperative and that no employee can be obliged to contribute to a pension fund against his or her will.

Judge Sayler, of Cincinnati, announced a decision this week in the case of Baker et al. v. Cincinnati Brick Co., in which he held that the horizontal boiler and engine which were Subscriptions and business communications should erected in the building for the purpose of supbe sent to the publishers. SUBSCRIPTION PRICE. $2.00 PER YEAR. IN ADVANCE.plying power to the machinery were fixtures, One volume each year, beginning with November.

Bound copies of Vol. 1. Vol. 2 and Vol. 3 of the Ohio Decisions can be had at $2.50 per volume, if bound in full sheep. or $2.25 per volume in half sheep.

Bound volumes of Vol. 1. OHIO LEGAL NEWS (Toledo

Legal News) will be furnished at $2.00 per volume. Bound copies of Vols. 1, 2 or 3 of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets. at 1.00 per volume in full sheep or 75 cents in half sheep.

while the upright boiler standing on a brick foundation and used to spray oil on the brick' kilns were not fixtures.

Judge Sayler, of Cincinnati, rendered an important decision last Monday relating to partition of estates. Henry Reynolds sued his mother for a partition of the est te of his father. A provision in the will of the father was that there should be no division of the estate until ten years after his death; the attorney for the plaintiff contends that this provision was invalid. The court held that the will was valid, and that there could be no lawful partition until the expiration of the time

named.

The suit of Bruning, administrator, against · the B. & O. S. W. Ry. Co., came to an unexpected termination before Judge Taft, of Cincinnati, last week, through the refusal of telegraph operator Droegge to take the stand for the plaintiff. The intestate was killed in the Delhi collision. It is claimed by the company that Droegge was the cause of the accident. He has been indicted therefor, and now awaits trial for criminal carelessness. He refused to take the stand in the civil case through fear of giving testimony of an incriminating character.

A lawyer had been questioning the witness Entered at the Postoffice. Norwalk. Ohio, as second for some time, and at last got him down to

class matter.

Judge Moore, of Cincinnati, in a decision rendered last week, held that school property could not be assessed for street or sewer improvements, and that the recent law requiring the board of education to pay assessments for street improvements out of its own funds was

unconstitutional.

The teachers' pension bill, lately put through the legislature by Superintendent Compton of the Toledo public schools, will undoubtedly be

personalities.

"Did I understand you to say, sir, that the defendant made certain remarks about me?"

"I said so, sir."

"Ah! Well now, sir, from what you know of me, do you believe those remarks to be true?" "No, sir, I do not."

"Very well. Now, will you be good enough to state to the court what he did say?"

"Yes, sir. He said he thought you were 'a á truthful and honest man, a———

"You may step down, sir. That's enough.Green Bag.

In Judge Morris' court, of Toledo, a peculiar | Mich., will be appointed by President Clevecase was tried. It was an action for $500 dam-land' to fill the Circuit judgeship recently creages brought by Bernhard Englehart against ated in this district. He bases his opinion on Frederick Dahlke, on account of breach of the fact that President Cleveland appointed contract. Englehart made a verbal agreement Judge Severens district judge during his first with Dahlke to rent a house. He paid $5 on administration, and also because this judge is

account and took a receipt. When he came to move, however, he was refused possession of the premises and was put to a good deal of inconvenience finding another place to live. The testimony of the plaintiff was taken and the case was then given to the jury with instructions to bring a verdict for the defendant on the ground that the contract was not in writing and the plaintiff had not secured possession of the premises.

considered one of the ablest on the bench. Judge Ricks said that if the President took into consideration the record of Judge Severens, there would be no doubt about his appointment. The judge also said that Ohio could not get the plum under any consideration, as there is already one circuit judge from Ohio, Judge Taft, of Cincinnati. Tennessee has a representative in the circuit, and Michigan and Kentucky are the two States without representation.

The grand jury at Akron is inquiring into A novel, as well as an unusual way in raising the alleged violation of the Clark law, by the city board of commissioners, in failing to ap-murder in the first degree, and one who is at money for the defense of a person convicted of point Andrew J. Harp, an ex-soldier, assessor¦ in one of Akron's wards. The four emmis- the present time occupying a cell in the peni'sioners, who were bound over to the common tentiary annex at Columbus, awaiting the day of his execution, took place in Cleveland, by pleas court by a justice of the peace, requested the relatives of Bushrod Kelch, the murderer, the prosecuting attorney to certify the charges

against them, alleging that the offense charged is merely a misdemeanor, and should properly come within the jurisdiction of the latter court. This the prosecutor refused to do. Because there are six old soldiers on the grand jury, the commissioners claim to believe that their interests are jeopardized. The grand jury will undoubtedly return a true bill against

the commissioners.

giving a dance which proved to be a success

The relatives of Kelch have

financially.
already exhausted their small means in his
defense, and in order to carry the case higher.
in the hopes of securing a new trial, they
needed money, and so it was decided on giving
a dance, as a means of raising it, which netted
them enough so that they can carry the case to
the circuit court, and then if they are finally
unsuccessful in securing a new trial will have
enough money left to transport the body of
Kelch from Columbus and give it a christian

burial.

Judge A. C. Voris, of Akron, whose term expired last Saturday, and who was succeeded by the Hon. G. A. Rohler, in delivering his charge to the grand jury, which is in session to inThe recent decision of the supreme court vestigate the Stone murder case, delivered an declaring unconstitutional the special act passed address to the jury which occupied about three by the legislature for the making of a road quarters of an hour, and which was mainly diimprovement in Athens county, is one that is rected at the local attorneys of Akron. The far reaching in its effect and literally taken the judge bitterly resented the recent action of the decision amounts to this: That every special Bar association, for the manner in which he act of legislation now on the statute books is was treated regarding the appointment of contrary to the constitution and therefore of counsel for the defense of Romulus Cottell, no force. Should this be followed out, there the self-confessed murderer. In closing his would not be a city or county that would be address the judge bitterly attacked several of left with any of its local legislation, which has the local attorneys personally. The speech been passed in its favor. It is the most sweephas caused a great sensation among the lawing decision ever made by any court in the yers, and numerous proceedings for slan er are talked of against the judge

state on any question of this kind, and affects every city and county in the state, and if enforced every piece of local legislation on the In the opinion of Judge Ricks. District statute books will have to go. It is in direct oppoJudge Henry S. Severens, of Kalamazoo,sition to the decision of the late Judge Okey, and

in fact conftrary to the custom heretofore prac- 3650. The Valley Ry. Co. v. John Roos, ticed in the courts, but it is unquestionably in Admr. Error to the circuit court of Cuyahoga accord with our constitution, and it looks very county. Judgment affirmed. much as though a great deal of the work ac-missioners of Wayne county. Error to the cir4004. Hiram B. Swartzv. The Board of Com-, complished by the last as well as previous leg-cuit court of Wayne county. Judgment

islatures would be thrown out and hereafter affirmed.

nothing but general measures can be passed by our law makers.

STATE BAR COMMITTEE.

4025. Humphrey Jones v. Chauncey Holland. Error to the circuit court of Fayette county. Judgment affirmed.

4028. Absalom Foulk v Jonathan Boucher et al. Error to the circuit court of Putnam, county. Judgment affirmed.

4029. Absalom Foulk v. Anna Boucher et al.

4033. Henry Klostermier v. City of Marietta et al. Error to the circuit court of Washington county. Judgment affirmed.

4034. Ira Cadwallader, Exr., etc. v. Jacob Schumacher. Error to the circuit court of Seneca county. Judgment affirmed.

The executive committee of the State Bar Error to the circuit court of Putnam county. association met at the Neil House, at Colum-Judgment affirmed. bus, Thursday, at 11:30 to arrange for the annual meeting July 15, 16, 17. Judge Moore resigned the chairmanship and Mr. J. D. Sullivan, of Columbus, was elected in his place. It was concluded to invite Mr. J. Randolph Tucker, of Virginia, the well-known orator, to 4048. The Cleveland & Canton R. R. Co. v. deliver the annual address and Mr. James Noah Mast. Error to the circuit court of TusHoyt, of Cleveland, has also accepted an invi-carawas county. Judgment affirmed. tation to speak. Other distinguished lawyers will be present from other states and speak.

The following members of the executive committee were present: Judge Frederick Moore, Cincinnati; Oscar F. Martin, Springfield; William C. G. Krauss, Ottawa; M. D. Tibballs, Akron; G. W. Carpenter, Delaware; James O. Troop, Bowling Green; Harry B. Arnold, Columbus; J. B. Sullivan, Columbus.

SUPREME COURT OF OHIO.
Official Record of Proceedings.

TUESDAY, May 5, 1896. Causes on the general docket to and including No. 4211, are called and marked submitted. The next call will be to and including No. 4336;on the

General Docket.

3488. The Lake Shore & Michigan Southern. Ry. Co. v. Charles H. Stewart, Admr, etc. Error to the circuit court of Huron county. Judgment affirmed. Barket, Shauck and Spear, JJ., dissent. The trial court permitted counsel for plaintiff below, against the objection of opposite counsel, to read, in the hearing of the jury, comments of this court contained in 49 Ohio St., report, 25. upon the facts as shown at a previous trial of this case. This was error for which the judgment should be reversed. 3491. The American Tube and Iron Company v. The City of Greenville, Ohio, Error to the circuit court of Darke county. Judg ment affirmed. Minshall and Spear JJ, dissent.

494. Thom s Rowand et al. v. Thomas L. Rowand. Error to the circuit court of Clark county. Judgment affirmed.

4076. The John C Farwell Co. v. Root & McBride Bros. Error to the circuit court of

Richland county. Judgment affirmed.

4091. James McCullough v. Joseph L. Din-
Error to the circuit court of Tuscarawas
Dismissed by consent.

ning.
county.
4103 The Mt. Adams & Eden Park Inclined
Ry. Co. v. Edward Doherty a minor, etc. Error
to the circuit court of Hamilton county. Judg
ment affirmed.

4110. Theophilus Carnahan et al. v. Ancil E. Marvin et al. Error to the circuit court of Hancock county. Judgment affirmed.

4111. A. H. Balsey v. Ancil E. Marvin et al. Error to the circuit court of Hancock county. Judgment affirmed.

4453. The Springfield George W Collett, Treas. court of Clark county. judgment is affirmed. Shaack, JJ., dissent.

Savings Society v. Error to the circuit Upon rehearing the Burket, Spear and

4819. John M. Waddel v. Harry D. Waddel. Error to the circuit court of Highland county. Dismissed by consent at costs of plaintiff in

error.

4848. The State of Ohio v. William Warren. Exceptions of the prosecuting attorney to the ruling of the court of common pleas of Athens county. Exceptions overruled on the authority of Bragg v. Colwell, 19 Ohio St, 407; Pavey v. Pavey, 30 Ohio St., 600; 36 Ohio St., 199. Minshall and Spear, JJ., dissent.

4940. John D. McLain v. Robert E. McKisError to the circuit court of Cuyason et al. hoga county. Judgment affirmed.

The following causes on the general docket have been dismissed for want of preparation: 4109. Myron Barber v. Luther N. Kellogg. Error to the circuit court of Portage county.

4117. The City of Cleveland, etc, v. W. A. Pover. Error to the circuit court of Cuyahoga I county.

4119. Resin B. Wasson v. The Ohio Farmers' eral docket. Motion allowed and cause set for Insurance Co. et al. Error to the circuit court hearing May 14, 1896. of Medina county.