Negligence-Office and Officer.
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 v. Zanesville and Maysville Road Co.
3. But the damage done to the stage, if the road be out of repair, may be
recovered. Ib. 197.
See BLACKS, NEGROES, AND MULATTOES; VOTES AND VOTERS.
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 v.
Protection Insurance Co. 147.
1. As a general rule, parties to be affected by judicial proceedings should
have notice. Lessees of Patterson v. 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 v. 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 v.
Duncan et al. 192.
5. It is otherwise, if the patent recites assignments by persons not compe-
tent to convey title. Ib. 192.
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.
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 a
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.
5. An indictment for resisting an officer must set forth all the facts neces-
sary to constitute the offense. Lamberton v. 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 v.
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.
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 v.
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 v. Partridge et al. 223.
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 obligee
has no remedy against the firm at law; but, on the ground of mistake,
may charge them in equity. Ib.
3. 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, passes both the legal
and equitable title to the 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.
5. 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 v. Duncan et al. 192.
2. It is otherwise, if the patent recites assignments by persons not compe-
tent to convey title. Ib.
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 what 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 has title to the property; and the same implication exists
against the vendors of patent rights. Ib.
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,
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 informations quo warranto. The State v. Granville Alexandrian
Society, 1.
2. Upon return of a writ of mandamus, an issue must be made up, as in
actions on the case for false return. The State v. 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 v. The State, 282.
5. 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,
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 v. 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 v. Johnson, 452.
1. Possession of land, obtained under a contract of purchase, does not be-
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
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.
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 v. Trustees of Sec. 29, 24.
2. The proceedings under the occupying claimant law have been considered
separate and distinct from the action of ejectment, 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 v. 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 fine and
costs be paid; but, after sentence, they may direct his detention until
he can be charged in execution. Ib.
15. A judgment creditor may pursue different interests of the debtor, and
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