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Negligence-Office and Officer.

NEGLIGENCE-
1. In an action on a policy of insurance, it is no defense to show that the

loss was occasioned by negligence in the agents of the insured. Per

rin's Adm’rs v. Protection Insurance Co. 147.
2. Where an injury to a stage passenger may have been occasioned, in part,

by the negligence of the coach owners and of the road company, and
there has been a recovery of damages against the coach owners, such
damages can not be recovered by them, in whole or in part, from
the road company. Talmadge o. Zanesville and Maysvillo Road Co.

197.
3. But the damage done to the stage, if the road be out of repair, may be

recovered. Ib. 197.
NEGROES-

See BLACK, NEGROES, AND MULATTOES; VOTES AND VOTERS.
NEW TRIAL-
A new trial will not be granted on the ground of newly discovered evi-

dence, where such evidence is merely cumulative. Perrin’s Adm’rs o.

Protection Insurance Co. 147.
NOTICE-
1. As a general rule, parties to be affected by judicial proceedings should

have notice. Lessees of Patterson o. Prather, 36.
2. A notice to depart the township, issued by but one of the two overseers

of the poor, is void. Trustees of Williamsburg v. Trustees of Jack-

son, 37.

3. Notice must be given the indorsee of a note, not negotiable, before suit.

is brought. Parker o. Riddle, 102.
4. Where a patent for land recites assignments, by persons competent to

convey, there is no presumptive notice to one, who derives title under
such patent, of latent defects in the assignment. Bell and wife o.

Duncan et al. 192.
B. It is otherwise, if the patent recites assignments by persons not compe-

tent to convey title. Ib. 192.
OCCUPYING CLAIMANTS-
1. A valuation of improvements, under the occupying claimant law, is

invalid, unless reasonable notice of making it be given to the adverse

party, or his attorney of record. Lessee of Patterson v. Prather, 36.
2. The judgment, in ejectment, can not be carried into execution until the

proceedings, under the occupying claimant law, are closed, although
these proceedings have been considered as separate and distinct from

the action of ejectment. Ib.
OFFICE AND OFFICER-
1. Under the act of February 14, 1840, the same individual may hold, at the

same time, the offices of associate judge and county treasurer. The

State v. McCollister, 46.
2. The legislature have no power, by retrospective legislation, to deprive &

man of an office. When a man becomes an incumbent of an office, he

Ohio University-Partners and Partnership.

OFFICE AND OFFICER-Continued.

has a vested right in that office, and all such rights are secured by the

constitution. Ib.
3. An incun bent of an office is one who is legally authorized to discharge

the duties of that office. A man, elected or appointed to an office, does

not thereby become an “incumbent" of that office. Ib.
4. The constitution of this state contemplates two different modes of con-

ferring office. One is by appointment, the other by election. Whenever
the office is conferred by the people, or by any considerable body of the
people, it is spoken of as an election. Whenever it is conferred by an
individual, as by the governor, or, by a select number of individuals, as
by a judicial court, or, by the general assembly, it is spoken of as an

appointment. Ib.
B. An indictment for resisting an officer must set forth all the facts neces-

sary to constitute the offense. Lamberton o. The State, 282.
6. The county commissioners are bound to furnish court rooms and clerk's

offices, and in a suitable manner. Comm’rs of Trumbull v. Hutchins,

372.
7. The secretary of state is bound to provide seals for the several courts in

the first instance, and, also, when broken, worn out, or unfit for use. Ib.
8. The legislature may fill a vacancy that has happened, or is certain to

happen before the meeting of the next general assembly. Ohio o.

Choate, 511.
9. An associate judge forfeits his office, by failing to remove into the county

for which he was elected, after its limits have been changed. Ib.
10. The legislature may appoint to fill his place. Ib.
11. Intrusion and usurpation of office. Ib.

12. Officer de facto. Job v. Collier, 422.
OHIO UNIVERSITY-
Under the act of 1804, establishing the Ohio university, and the act of 1805,

amendatory thereto, the lands of the University, on lease, are subject to

revaluation. McVey et al. v. Ohio University, 134.
ORDER-

See Tax TITLE.
OVERSEERS OF THE POOR

See PAUPER.
PARTITION-
1. There can be no appeal to the Supreme Court from the judgment of the

common pleas on a petition under the statute for partition. Hoy o.

Hites, 254.
2. The partition of lands incumbered by a dower estate may be enforced in

equity by the owner of the incumbrance, he being also tenant in com-

mon of the remainder. Morgan v. Staley, 389.
PARTNERS AND PARTNERSHIP
1. One member of a firm can not bind his copartner by a bond under seal.

McNaughten o. Partridge et al. 323.

Patent for Land-Paupers.

PARTNERS AND PARTNERSHIP— Continued.
2. Where a bond is executed by one member of a firm, and all the mem-

bers of the firm intending the instrument should bind them, the obligeo
has no remedy against the firm at law; but, on the ground of mistake,

may charge them in equity. Ib.
31 A transfer by a firm to one partner, bona fide, and by him to a third per-

son in like manner, for a valuable consideration, pusses both the legal
and equitable title to tho property against the creditors of the firm.

Wilcox and Welsh v. Kellogg and others, 394.
4. The equity of creditors upon partnership property for debts due them is

only the equity of the partners in the property, and can only be reached

through the partners. Ib.
8. Joint property will, in equity, be subjected to the payment of joint debts.

Belknap v. Abbott and Cram, 411.
6. Notes given by one member of a firm to one of his partners, on its dis-

solution, become their individual property, and, in the possession of

their assignee, can not be subjected to pay the creditors of the firm. Ib.
PATENT FOR LAND-
1. Where a patent for land recites assignments by persons competent to

convey, there is no presumptive notice of latent defects to one who de-

rives title under such patent. Bell and wife o. Duncan et al. 192.
2. It is otherwise, if the patent recites assignments by persons not compe-

tent to convey title. Ib.
PATENT RIGHTS-
1. The several patent rights to Samuel Booth, Horace J. Shumway, and

Obadiah Parker, for the use of the article called American cement, are

void. Darst v. Brockway and others, 462.
2. For wbat causes patent rights are held void.
3. Relief will be offered in equity against the payment of notes given for

a void patent right. Money paid on such notes may be recovered back;
and an injunction will be allowed against the collection of such notes
as may be outstanding in the hands of the vendors of such void patent

rights. Ib.
4. In sales of personal property, there is an implied warranty that the

vendor bas title to the property; and the same implication exists

against the vendors of patent rights. Ib.
PAUPERS,
1. Where a new township is set off, all persons residing within its limits,

and who have resided there long enough to obtain a legal settlement in
the original township, have a legal settlement in the new township.

Trustees of Williamsburg v. Trustees of Jackson, 37.
2. A notice to depart the township, signed by but one of two overseers of

the poor, is void. Ib.
3. Where a pauper has become chargeable to a township in which he has

not a legal settlement, the duty of removing him to the township where
he was last legally settled, if his health will permit, is imperative; and,

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Penalty-Possession.

PAUPERS—Continued.

as a general rule, unless it is done, the township where he has a legal

settlement can not be charged. Ib.
4. But in case of temporary relief removal is not necessary. Ib.
PENALTY-

SEE FORFEITURE.
PERJURY-

See INDICTMENT, 10.
PLEAS AND PLEADING-
1. Upon inforgations quo warranto. The State o. Granville Alexandrian

Society, 1.
2. Upon return f a writ of mandamus, an issue must be made up, as in

actions on the case for false return, The State o. Trustees of Delhi, 24.
3. Where a plea discloses a defense, under a statute of Pennsylvania, the

modifications that statute received in Pennsylvania, either by construc-
tion or otherwise, not merely depending upon the just interpretation of
the words of the statute, are facts to be disclosed by replication. In-

graham v. Hart, 255.
4. An indictment for resisting an officer must set forth all the facts neces-

sary to constitute the offense. Lamberton o. The State, 282.
6. Every indictment should contain a complete description of the offense

charged. Ib.
6. In a suit against principal and surety, a plea, by the surety, that the time

was extended without his consent, is bad, not being an answer to the

whole action. Slipher v. Fisher et al. 299.
7. The value of goods sold by a commission merchant, contrary to the in.

struction of his principal, may be recovered under the common count,
for goods sold and delivered. Woodward v. Suydam and Blydenburg,

360.
8. In an indictment for perjury, it is sufficient to aver that the court had

power to administer the oath, without setting forth the facts necessary

to give jurisdiction. Halleck o. The State, 400.
9. In proceedings against an attorney for malpractice, the evidence will be

confined to the specifications. Ohio v. Chapman, 430.
10. The amount of a subscription, for the construction of a road, may be

recovered when the road is completed, upon the common count, for

work and labor. Sperry o. Johnson, 452.
POLICY

See INSURANCE.
POOR-

See PAUPERS.
POSSESSION-
1. Possession of land, obtained under a contract of purchase, does not bo-

come adverse while the contract is acted upon, and payment made.

Woods v. Dille et al. 455.
2. Where a cestui que trust is found in possession, for a long time, of land

Practice.

POSSESSION- Continued.

which the trustee should have conveyed to him, a conveyance will be

presumed. Kinsman v. Loomis & Wood, 475.
3. But this presumption springs only from possession, and will not aid him

who attacks the possession of another. Ib.
PRACTICE
1. Upon return of a writ of mandamus, an issue must be made up, as in an

action on the case for false return. The State o. Trustees of Sec. 29, 24.
2. The proceedings under the occupying claimant law have been considered

separate and distinct from the action of ejcctmont, although the judg-
ment in the ejectment case can not be carried into execution until they

are closed, Lessee of Patterson v. Prather, 36.
3. And, when the application is made by the defendant, and a judgment is

given in his favor, the court will order the lessee of the plaintiff to pay

costs. Ib.
4. An order that the defendant stand committed until fine and costs be paid,

is erroneous. Lougee v. The State, 68; Bonsal v. The State, 72.
5. The judgment of the court of common pleas, in a criminal case, may be

reversed, in part, and affirmed, in part. Ib.
6. The power to change the venue rests in the sound discretion of the court,

and must depend upon the circumstances of each particular case. Bank

of Cleveland v. Ward et al. 128.
7. The venue should not be changed on the affidavit of the party alone, but

only upon clear and satisfactory proof, that fair and impartial justice,
probably, can not be obtained in the county where the suit was com-

menced. Ib.
8. Where statutory damages are claimed on a protested bill, it is for the

jury to find those damages, and not for the court to assess them, or add

them to the verdict. Crawford v. Wolcott, 145.
9 Where a plea discloses a defense, under a statute of Pennsylvania, the

modifications that statute has received in Pennsylvania are facts to be

disclosed by replication. Ingraham v. Hart, 255.
10. The probate of a will, taken within the county, at another place than

the county seat, by the associate judges, is competent evidence to es-

tablish the will. Lessee of Le Grange v. Ward et al. 257.
11. A general demand, in a bill in chancery, against a judgment debtor, to

disclose his assets, is proper. Miers and Coulson o. Zanesville and

Maysville Turnpike Co. 273.
12. On an indictment, laying a particular day when the accused acted as an

officer of an unauthorized bank, the act may be proved after the day

laid. Brown v. The State, 276.
13. When such association exists in this state, it is not necessary to prove

that it was not incorporated. Ib.
14. The court can not direct a prisoner to stand committed until fino and

costs be paid ; but, after sentence, they may direct his detention until

be can be charged in exocution. Ib.
15. A judgment creditor may pursue different interests of the debtor, and

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