Obio Legal News. (Formerly Toledo Legal News.) A Weekly Legal Paper Published by THE LANING PRINTING CO., NORWALK. OHIO. EDITED BY that a legislative body, like a municipal council, has the right to judge of the returns, qualifications and election of its members. In the case of Frederick H. Geiger against the state of Ohio, error to the circuit court of Cuyahoga county, the court refused to interfere J. F. LANING. with the three years' sentence of Geiger for stealing a cow from L. E. Holden, proprietor of ISSUED EVERY FRIDAY AFTERNOON, SUBSCRIPTION PRICE, $3.00 PER YEAR, IN ADVANCE. We also publish one voluine each year of Ohio Federal Cases, advance sheets of which are mailed semimonthly as a supplement to the LEGAL NEWS. Supreme Court Reports. The publishers of the LEGAL NEWS now have the contract for publishing the Supreme Court Reports of the state, and are enabled to attach advance sheets of these volumes to the LEGAL NEWS, as a second supplement, without charge. These sheets are only for temporary use and do not include indexes. New Subscriptions. New subscriptions can begin at any time, and back numbers of the part devoted to the LEGAL NEWS to the beginning of the subscription year will be supplied if desired; but no advance sheets of the Ohio Decisions will be supplied back of the commencement of the current volumie. Vol. 3 of Ohio Decisions begins May 4, 1895. Bound copies of Vol. 1 and Vol. 2 of the Ohio Decis ions can be had at $3.50 per volume, if bound in full sheep, or $3.00 per volume in half sheep. Bound volumes of Vol. 1, OHIO LEGAE NEWS (Toledo Legal News) will be furnished at $200 per volume. Bound copies of any volume of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the ad vance sheets, at $1.00 per volume in full sheep, or 75 cents in half sheep. Missing numbers of LEGAL NEWS or Ohio Decisions, 10 cents each. Fannie L. Valentine will fail to recover $2000 insurance on the life of her husband, who committed suicide by shooting himself through the head, as the court sustain the decision of the circuit court of Portage county, which held adversely to the plaintiff's claim against the Union Central Life Insurance company. The question of the responsibility of express companies for the full actual value of goods entrusted to them for transportation, was passed upon in the case of the Adams Express company against A. B. Schwab, error to the superior court of Hamilton county. Schwab brought suit tc ecover $679.18, which he alleged to be the value of a package of jewelry deposited with the express company to be shipped to Greenville, Ala., and lost on the way. Schwab claimed that he was not asked as to the value of the package, and therefore did not place the amount on the receipt, which showed that the usual value of $50 had been placed upon the goods. The court affirmed the decisions of the lower courts, sustaining the claim on the ground that as there had been no value placed on the property the express com Entered at the Postoffice, Norwalk, Ohio, as second pany was responsible for the full amount. The class matter. SATURDAY, OCT. 26, 1895. COMMUNICATIONS SOLICITED. Contributions, items of news about courts judges and lawyers; queries or comments; criticisms on various law questions; addresses on legal topics, or discussions upon points of interest, as well as important decisions, are solicited from members of the bar and those interested in legal proceedings. SUPREME COURT DECISIONS. court divided evenly on the question, Judges Burket, Shaw and Spear dissenting. The case of Loeder against Grove was originally brought by Grove and other property owners to enjoin the construction of the road, on the grounds that the assessment was excessive and that a majority of the property owners entitled to pass on the question, had not asked for the improvement. The case involved the constitutionality of section 4786 of the Revised Statutes as amended May 6, 1894, in reference to one mile assessment pikes. The The following are among the important rul- common pleas court dismissed the petition ings of the supreme court this week: In the case of William S. Stearns against the village of Wyoming et al., error to the circuit court of Hamilton county, the court held for an injunction, but the circuit court sustained the petition and is now affirmed by the supreme court on the ground that the act in buestion is unconstitutional. In the case of Ross, sheriff, against Willett, GARNISHMENT. In Howe v. Hyer, decided in the supreme court of Florida in June, 1895 (17 S. R., 925), the following is from the syllabus of the court: the court sustained the motion of the defend- Evidence of Debt-Right of Set-off of Garnishee. ant to set aside and quash service of summons in the case. The following important ruling was made on this point: "Under sections 4967 and 6713, Revised Statutes, where the sheriff of a county is a party to a proceeding in error the summons in error must be directed to the coroner of the county and not to the sheriff." In the case of the state ex rel. Gordon against the Oak Harbor Gas company, the supreme court upheld the law making it an offense to leave a gas or oil well open and allow the product to waste. In the case of the city of Newark against Flaten, who was arrested an nned $20 and costs for failure to pay a heavy license under an ordinance applying to persons engaged in "fire sales," the ordinance was held to be an unwarrantable exercise of the powers granted by the statute on this subject. Some months ago a young lawyer of Milwaukee, not over bright, faced Judge J. at the opening of court and presented an affidavit of prejudice in a case marked for trial on that day's calendar. The judge, who dislikes affidavits of this nature more than anything else in the world, held it up and said to the rest of the bar assembled in the room, as well as to the young lawyer: "Well, here is another of these affidavits; don't you know, sir (looking directly at the young man), that I do not know either of the parties to this action." The young man looked downcast for a moment, and then looking suddenly up as though a happy thought had struck him, said: No, your honor, but they know you." The court and bar were considerably startled, but the matter ended in a universal shout. - The Green Bag. Judge Hamilton, at Cleveland, has set himself against passing cases for a few days to suit the convenience of attorneys. In communicating his determination to the bar he said that this passing a case for a few days had reached a point where it had to stop. "Attorneys ask to have cases passed for a day or two or three, in order that a certain witness' attendance may be secured, or for some other trivial reason," and the result is that the business of the courts is piling up at an amazing rate. Hereafter cases will not be passed for causes which are inexcusable, and if the lawyers are not ready to proceed they will have to take the consequences, whatever they may be. Several of the attorneys did not take kindly to the position of the judge. "1. Where the captain of a vessel belonging to the defendant had left with the garnishee a sum of money to be remitted to the defendant, who resided in a foreign country, and defendant and garnishee, in correspondence, both recognized the money as belonging to the defendant, and the garnishee would have remitted the money to the defendant, but for inability to obtain a bill of exchange to advantage before a writ of garnishment was served upon him, the evidence is sufficient to show the ownership of the defendant in such sum of money. "2. When money is deposited with the garnishee to be remitted to the defendant, and it is contemplated by the garnishee and the person making such deposit that the money shall not be preserved in specie, or remitted unchanged in form to the defendant, but that it should be invested in a bill of exchange, for convenience of transmission, the garnishee is not in possession of specific chattels belonging to the defendant, and can set off against the him (the garnishee). garnishment a debt due by the defendant to "3. A garnishee is not, by the service of the writ, to be placed in any worse condition than if the defendant, his creditor, had brought suit upon the claim which is garnished. As to the defendant, and can assert only the rights the garnishee, the plaintiffs take the shoes of of the letter. The rule is that while the garnishee may not, after the service of the writ, by his own action, acquire set-offs or counterclaims against the principal debtor, to the prejudice of the attaching creditor, he may properly. avail himself of all claims fairly arising out of contract with the principal debtor which were in existence when the attachment commenced, and under or out of which his claim against the principal debtor arises. "4. If a defense of set-off against a principal debtor claimed by a garnishee is such as would be allowed against such principal debtor, it should be allowed against the garnishing creditor." SUPREME COURT OF OHIO. Official Record of Proceedings. TUESDAY, October 22, 1895. General Docket. 4280. The State of Ohio on complaint of David Gordon v. The Oak Harbor Gas company. Error to the circuit ourt of Ottawa county. Judgment reversed, and judgment of the court service of summons in cause No. 4700 on the of common pleas affirmed. Per curiam report. general docket. Under sections 4967 and 6713, When an oil or gas well is about to be aban-Revised Statutes, where the sheriff of a county doned or operation thereof cease, the statute is a party to a proceeding in error, the sum(90 O. L., 24) requires, that before drawing the mons in error must be directed to the coroner casing therefrom, it shall be securely filled in of the county and not to the sheriff. Motion such manner as shall prevent the surface or sustained. fresh water from penetrating to the oil or gas bearing rock, and also as shall prevent the gas and oil from escaping therefrom. To comply with this statute, it is required that the necessary filling be done while the casing yet remains in the well; and a petition for the violation of this statute need not aver that the casing has been drawn. 4486. William S. Stearns v. The Village of Wyoming et al. Error to the circuit court of Hamilton county. Judgment affirmed, except as to costs in common pleas. Per curiam report. The determination by a council of the contested election of a member of its body, cannot be reviewed on error. 3021. The Adams Express company v. Abram G. Schwab et al. Error to the superior court of Cincinnati. Judgment affirmed. Shauck, Burket & Spear, JJ., dissent. 3047. Annie E. Young et al. v. Harrison Ulsh. Error to the circuit court of Marion county. Judgment affirmed. 3055. Fannie L. Valentine et al. v. The Union Central Life Insurance company. Error to the circuit court of Portage county. Judgment affirmed. 3057. Joseph C. Griener, Admr., v. John A. White et al. Error to the circuit court of Fayette county. Judgment affirmed. 3866. The City of Newark v. N. Flatau. Error to the circuit court of Licking county. Judgment affirmed on the authority of Sipe v. Murphy, 49 Ohio St., 536. 3959. Lelia S. Wilder v. Henry C. Wilder et al. Error to the circuit court of Hamilton county. Dismissed by consent at costs of plaintiff in error. 4142. The City of Cleveland et al. v. C. A. Seldon. Error to the circuit court of Cuyahoga county. Reversed and remanded on grounds stated in the journal entry. 4334. Vina Hammond, Adm'x., v. The Pennsylvania company. Error to the circuit court of Mahoning county. Judgment affirmed. 4451. C. C. Viall v. Frank M. Moody. Errot to the circuit court of Lake county. Dismissed by consent at costs of plaintiff in error. 4475. Henry Leidy et al., commissioners of Franklin county, v. James K. Greene et al. Error to the circuit court of Franklin county. Judgment affirmed. 4556. Frederick H. Geiger v. The State of Ohio. Error to the circuit court of Cuyahoga county. Judgment affirmed. Motion Docket. 2491. James Ross, Sheriff, v. John B. Willett. Motion by defendant to set aside and quash 2493. Conrad Hoffman, Sr., administrator, v. Edward Pape, Sr., administrator, et al. Motion' by plaintiffs to dispense with printing record in cause No. 4729 on the general docket. Motion allowed, under the provisions of section 6711, as amended May 19, 1894. 91 laws, 335. 2494. Conrad Hoffman, Sr., administrator, v. Wilhelmine Hilscher. Motion by plaintiffs to dispense with printing record in cause No. 4730 on the general docket. Motion allowed. 2496. Leverett Tarbell v. Leonard Hershey. Motion by plaintiff to reinstate cause No. 4599 on the general docket. Motion overruled. 2497. The State of Ohio v. Samuel Knight et al. Motion for leave to file exceptions to the court of common pleas of Wood county. Leave to file exceptions given; cause advanced to be prepared and submitted to court in forty days. New Cases. Cases filed in supreme court of Ohio since October 16, 1895: 4742. Cordelia H. Sheldon et al. v. Edward Bushnell, Receiver, et al. Error to the circuit court of Cuyahoga county. Caskey & Calhoun, for plaintiffs. Williamson & Cushing, for defendant. 4743. The B. & O. R. R. Co. v. George Goodman. Error to the circuit court of Pickaway county. J. H. Collins, for plaintiff. 4744. The State of Ohio ex rel. Harry Frease, etc., v. J. O. Krieghbaum et al., commissioners. Error to the circuit court of Stark county. Joseph Frease and Miller & Pomerene, for plaintiff. Charies C. Barr, for defendant. 4745. The City of Cincinnati et al. v. John Manss. Error to the circuit court of Hamilton county. F. Hertenstein, for plaintiffs. C. F. Droste, for defendant. 4746. The Marion Steam Shovel Co. v. Louis Tron, an infant. Error to the circuit court of Marion county. J. F. McNeal & Sons, for plaintiff. 4747. N. G. Sawyer et al. v. Lucinda Sawyer et al. Error to the circuit court of Morgan county. E. J. Brown, E. M. Stanbury, for plaintiffs. Berry & Weber, for defendants. 4748. August Herrmann et al. v. The State of Ohio ex rel. James Cooper. Error to the court of common pleas of Hamilton county. Fred. Hertenstein, for plaintiffs. J. C. McDiarmand, for defendant. 7449. The State of Ohio ex rel. P., C., C. & St. L. Ry. Co. v. R. M. Rownd et al., canal commissioners. Mandamus. Ramsey, Maxwell & R., Watson, Burr & L., Chas. Darlington, for plaintiff. J. K. Richards, attorney-general. Embracing all reported decisions of All Courts of record held in Ohio. TWO VOLUMES A YEAR GIVE ALL THE OHIO CASE LAW. It is not necessary to buy a multiplicity of reports to get the decisions of Ohio courts-Ohio Decisions contain them all-Circuit, Superior and Common Pleas, including Many Cases Not Elsewhere Published. The following statement gives the number of cases in the volumes so far completed, not appearing in contemporary Ohio court reports: Each case is carefully proof read, and submitted to the judge rendering the decision, before publication, for revision, and can be relied upon as being official. Large Volumes and Large, Well Printed Pages They contain 750 pages, each having double the amount of matter of the Circuit Court reports, and each has a table of cases, and a Perfect Index. They possess MANY POINTS OF SUPERIORITY. PRICE, per volume, net, full sheep, $3.50, half sheep, $3.00. ADVANCE SHEETS Which may be bound into volumes when complete, are issued weekly as a supplement to the Ohio Legal News, for use of its subscribers, without extra charge. THE LANING PRINTING COMPANY, Law Publishers. Norwalk, Ohio. Ohio Legal News. (Formerly Toledo Legal News.) A Weekly Legal Paper Published by THE LANING PRINTING CO, NORWALK. OHIO. EDITED BY J. F. LANING. ISSUED EVERY FRIDAY AFTERNOON, Subscriptions and business communications should be sent to the publishers. Will P. Tyler, of Toledo, has become a member of the firm of Brown & Geddes, of that city. Mr. Tyler is a son of Judge Tyler of Napoleon. The selection of Mr. Tyler for third member of the firm of Brown, Geddes & Tyler, says the daily Toledo Legal News is "good fortune, and a recognition of worth and ability, by men who are competent to judge." Samuel J. Thompson, of the law firm of SUBSCRIPTION PRICE. $3.00 PER YEAR. IN ADVANCE. Thompson & Richards, Cincinnati, died at his One volume each year, beginning with November.home in Glendale last Monday morning. He was Ohlo Decisions. The publishers of the LEGAL NEWs publish annually two volumes, which contain the decisions of the Circuit, Superior and Common Pleas Courts of the state, under the title of Ohio Decisions. Advance sheets of these volumes are issued each week as supplements to the I.EGAL NEWS, without charge to sub-cribers. Federal Cases. seventy-five years of age. He graduated at Denison university, this state. His long and successful career at the bar was all passed in Hamilton county. He was associated in the practice for many years with the late Rufus King, who made him both an executor and devisee under We also publish one volume each year of Ohio Fed- his will. Other law partners at different times eral Cases, advance sheets of which are mailed semimonthly as a supplement to the LEGAL NEWS. Supreme Court Reports. The publishers of the LEGAL NEWS now have the contract or publishing the Supreme Court Reports of the state, and are enabled to attach advance sheets of these volumes to the LEGAL NEWS, as a second supplement, without charge. These sheets are only for temporary use and do not include indexes New Subscriptions. New subscriptions can begin at any time, and back numbers of the part devoted to the LEGAL NEWS to the beginning of the subscription year will be supplied if desired; but no advance sheets of the Ohio Decisions will be supplied back of the commencement of the current volume. Vol. 3 of Ohio Decisions begins May 4, 1895. Bound copies of Vol. 1 and Vol. 2 of the Ohio Decisions can be had at $3.50 per volume, if bound in full sheep, or $3.00 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 any volume of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets, at 1.00 per volume in tull sheep, or 75 cents in half sheep. Missing numbers of LEGAL NEWs or Ohio Decisions, 10 cents each. were Hon. William S. Groesbeck, Judge Sage, Lawrence Maxwell and Channing Richards. Mr. Thompson was a man of the strictest integrity and commanded the respect of all who knew him. He was one of the leading laymen of the Presbyterian church in this part of the state. His two sons were admitted to the Cin, cinnati bar. One of them, Chas. T. Thompson, is a successful practitioner in Minneapolis. The younger son, George Keys Thompson, became associated with the firm of Thompson & Richards, and his death a few years ago was greatly deplored. John B. O'Neal, a son and the law partner of Col. Wedon O'Neal, died last Sunday, after a lingering illness. He was a young man of much promise. His widow is a daughter of Judge F. W. Moore, of the superior court. The general term session of this court was adjourned until Wednesday on account of his death. SUPREME COURT DECISIONS. Among the cases decided by the supreme court on Tuesday was that of Morton v. The Western Union Telegraph Company, in which Mr. Morton brought suit for $5,000 damages because of his failure to receive a message which had been sent him. It seems that Mr. Morton was in London, Ohio, and that a message had been sent him from Henley, Ohio, calling him to the death-bed of his mother. The message was not delivered, and his mother died and was buried before he learned of her illness. He lost the case in all the courts, and the supreme court has decided against him. In the case of Koch v. The State, error to the circuit court of Summit county, the supreme court affirmed the judgment of the |