CHARTER-
See CORPORATIONS.
Amended charter is not legally accepted. Foote v. Cincinnati, 409.
A general and standing order of the court of common pleas, directing the
clerk to issue execution for his own benefit, and at the instance of any
person entitled to costs, will authorize the clerk, without any special
order, to issue such execution. Elliott v. Ellery, 306.
1. All nearer white than black, or of the grade between the mulattoes and
the whites, are entitled to enjoy every political and social privilege of
the white citizen. Jeffries v. Ankeny and others, 375.
2. A person, the offspring of a white and half-breed Indian, is a lawful
voter. Ib.
3. Where the court instructed the jury that a man who has in him any ne-
gro blood whatever, is not a lawful voter, it is error.
Thacker v.
Hawk, 376.
1. The principles of commercial law ought to be uniform. Perrin's Adm'rs
v. Protection Insurance Company, 171.
2. It is of much interest to the mercantile world to preserve uniformity
in the great principles of commercial law. Carlisle v. Wishart, 192.
COMMISSIONERS-
See COUNTY, 2, 3.
COMMISSION MERCHANT-
1. Where a commission merchant, from time to time, sends an account of
sales to his principal, who makes no objection to the sales, and draws
for the balance of the account rendered, it is a ratification of the sales,
and the principal can not recover for any alleged violation of his in-
structions. Woodward v. Suydam and Blydenburg, 360.
2. The value of goods sold by a commission merchant contrary to the in-
structions of his principal, may be recovered, under the common
counts, for goods sold and delivered. Ib.
3. The real value, at the time of sale, is the rule of damages. Ib. 363.
1. Where a recovery has been had against coach owners, for negligence in
upsetting the coach and injuring a passenger, such damages can not be
recovered by the coach owners, over against the road company, on the
ground that the road was out of repair, and thus contributed to the
accident. Talmadge v. The Zanesville and Maysville Road Company,
2. The damage done to the property of the coach owners may be recov
ered. Ib.
Compensation-Constitutional Law.
COMMON CARRIERS-Continued.
3. A carrier receiving goods in the ordinary course of business, and in the
proper line of transit, has a lien for the freight and charges paid,
although the goods may have suffered damage before they reached
him, while in the hands of some preceding carrier. Bowman v. Hil.
ton, 303.
Unless a law authorizing private property to be taken for the public use,
provides compensation to the owner, it is void. Foote v. Cincinnati, 410
CONFIRMATION-
See TAX TITLE; VENDORS AND PURCHASERS, 8.
CONNECTICUT LAND COMPANY-
Kinsman v. Loomis and Wood, 475.
1. Inadequacy of consideration may be so gross as to carry evidence of
fraud. Watkins v. Collins et al. 35.
2. A pre-existing debt is a good consideration for the transfer of a negoti-
able note; an la bona fide indorsee, without notice, takes the note, dis-
charged of pr.or equities. Carlisle v. Wishart, 172.
3. Money paid on assignments of void patent rights, may be recovered back,
on the ground of failure of consideration. Darst v. Brockway and
others, 462.
4. Where money was paid under a supposed legal obligation, when in truth
no legal liability existed, it can not be recovered back if there was a
moral obligation to make the payment; such moral obligation will be
a sufficient consideration to support the payment. Commercial Bank
v. John Reed, 501.
1. By the proper construction of the term, "frce white citizens," as used in
the constitution, all nearer white than black, or of the grade between
the mulatto and the white, are entitled to enjoy every political and
social privilege of the white citizen. Jeffries v. Ankeny and others,
2. Where the court of common pleas instructed the jury that a man who
has any negro blood whatever, is not a legal voter, it is error. Thacker
v. Hawk, 376.
3. Under the sixth section of the eighth article of the constitution, in crim-
inal cases, the jury are not absolute judges of the law, but only under
the direction of the court, as in other cases. Montgomery v. The
State, 424.
4. A law authorizing private property to be appropriated for public use,
without providing compensation to the owner, is void. Foote v. Cin-
cinnati, 403.
5. Associate judge-term of office. Ohio v. Choate, 511
6. Erection of new counties. Ib.
Construction-Corporations.
1. Of Statutes. See STATUTES; CORPORATIONS.
2. Of Deeds. See DEEDS.
3. Of Contracts. See CONTRACTS; WORK AND LABOR.
CONTRACT-
1. A parol contract, for a lease between landlord and tenant in possession,
under a prior lease, is within the statute of frauds, unless possession be
held solely under and in performance of the parol contract, the terms
of holding clearly indicating the possession to be under the subsequent
parol lease. Armstrong v. Kattenhorn, 265.
2. Where a parol contract, for the purchase or sale of lands, is admitted by
a defendant in his answer, without relying upon the statute of frauds
for a defense, performance will be decreed. Woods v. Dille et al. 455.
3. On a contract with the state, anticipated profits and speculations in real
estate can not be claimed as damages. Seely v. The State, 501.
4. Where an administrator undertakes to execute a real contract, and, by
mistake, the terms employed fail to carry out the intention of the par-
ties, equity will afford relief against the mistake. Evants v. Strode's
Adm'r, 480.
5. As where the deed executed was intended; but does not operate to war-
rant the title.
6. And where, after eviction, the court have acquired jurisdiction to correct
the mistake, and have proper parties before them, they will decree
compensation. Ib.
CONTRIBUTION-
See APPORTIONMENT.
CORPORATIONS-
1. A grant of power in an act of incorporation, "to hold any estate, real or
personal, and the same to sell, grant, or dispose of, or bind by mort-
gage, or in such other manner as they shall deem most proper for the
best interest of the corporation," does not confer upon such corporation
banking privileges. State of Ohio v. Granville Alexandrian Society, 1.
2. Under the clause in an act of incorporation, that the action of the cor-
poration shall be "subject to such rules and regulations as the legisla-
ture, from time to time, may think proper to make," the general assem-
bly may restrict such corporation from exercising the franchise of bank-
ing. Ib.
3. In proceedings against corporations, by quo warranto, the information
need not aver the institution proceeded against to be a body corporate
in law. Ib. 9.
4. Although such averment would seem more consistent with good plead-
ing. Ib.
5. Upon such proceedings, it should be averred that the violation of the
law complained of took place in the county where the information was
filed. Ib.
6. The title to an act of incorporation does not constitute any part of the
act; but it may be referred to, in order to explain what is doubtful in
the act itself. Ib. 10.
7. Individuals have natural rights; corporations have not. Ib. 12.
8. The rule for construing acts of incorporation. Ib.
9 The legislature, having granted powers to a private corporation, can not,
consistently with the constitution, take away those powers, without any
default on the part of the incorporation. Ib. 15.
10. And even where a corporation has violated its charter, it is rather a judi-
cial than a legislative question whether such violation is a cause of for-
feitur.
11. The legislature may-and in most, if not in all cases, it is well that they
should, in the acts of incorporation which they pass-retain the power
of modifying, changing, and altering, as occasion may require. Ib. 16.
12. Corporations can exercise only such powers as are expressly granted. The
State v. Washington Society Library Company, 97.
13. A corporation, created for any lawful purpose, is invested with such
powers as are directly conferred, and with such as are necessary to exe-
cute its lawful functions, and no more. Kemper v. Turnpike Com-
pany, 393.
14. Beyond this, the grant is to be taken strictly. Ib.
15. An incorporated company, authorized to lay out and construct a road,
erect gates, and collect toll, has no right to appropriate, for a toll-house,
land lying without the line of the road. Ib.
16. Where a city charter authorized the appropriation of private property,
without providing for any compensation to the owner, it was held that
he may recover, in an action at law against the corporation, the dam-
ages sustained. Foote v. Cincinnati, 408.
17. Unless the law, by which private property is taken for public use, pro-
vides compensation, it is void. Ib.
1. In ejectment, where defendant claims the benefit of the occupying
claimant law, and judgment is given in his favor, the court will order
the lessee of the plaintiff to pay costs. Patterson's Lessee v. Prather, 36.
2. A general and standing order of the Court of Common Pleas, directing
the clerk to issue execution for costs, will authorize him, without any
special order, to issue such execution. Eliott v. Ellery, 306.
3. Costs will not be decreed against a minor seeking her estate. Brush v.
Brush, 292.
1. The organization of a new county does not remove the lien of a judg-
ment or mortgage from land lying within the newly organized limits.
Davidson v. Root, 98.
2. The commissioners of a county are, by law, required to furnish buildings,
and everything necessary, for the public administration of justice.
Commissioners of Trumbull County v. Hutchins, 368.
3. But they are not bound to furnish seals for the several courts. Ib.
County Seat-Creditor's Bill.
4. Assumpsit may be maintained against the commissioners by the clerk,
for the price paid by him for a press for the use of the seal. Ib.
5. The legislature may change the boundaries of a county; and, when such
change places, an associate judge within the limits of another county, who
does not, within a reasonable time, remove into the limits of the county
for which he was appointed, forfeits his office. Ohio v. Choate, 511.
6. A person who attempts to exercise the office of associate judge in a
county wherein he does not reside, is guilty of intrusion and usurpa-
tion. Ib.
Whether courts of probate may be held at places other than the county
seats. Quære. Le Grange v. Ward et al. 260.
1. The commissioners of the county are bound to furnish court rooms and
clerks' offices, but not seals for the courts. Commissioners of Trumbull
County v. Hutchins, 372.
2. The secretary of state is bound to furnish seals for the several courts. Ib.
3. The probate of a will, taken by the associate judges elsewhere in the
county than the county seat, is held sufficient. Le Grange v. Ward, 257.
4. The jurisdiction of associate judges is confined to the limits of their
county. Ib.
5. The court can not authorize a sale of a female minor's land after she at-
tains twelve years of age, by a guardian appointed for her while under
that age. Perry v. Brainard, 442.
6. Where, by special act, a person is authorized to file a bill, as in chan-
cery, against the state, and the court is required to determine the cause
upon the principles of justice and good faith, the court will examine
and decide it in the same spirit of liberality that would be proper for
the legislature to exercise, and without regard to technical principles.
Seely v. The State, 501.
The covenants in a deed which operate as estoppel are those running with
the land. Boyd's Lessee v. Longworth, 235.
See CREDITOR'S BILL; CHANCERY.
CREDITOR'S BILL-
1. A general demand against a judgment debtor, to disclose his assets, is
proper. Miers & Coulson v. Zanesville & Maysville Turnpike Com-
pany, 273.
2. No suit lies against the state, to compel the payment of subscription to
stock. Ib.
3. A judgment creditor may pursue different interests of the debtor, and
against different persons, in the same bill. Cadwallader v. Granville
Alexandrian Society, 292.
4. A judgment creditor may demand from his debtor, in general terms, a
disclosure of his assets. Ib.
|