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and refused: “If, at the time deceased scribe and pay for stock in a railroad
constitutional........ ...... lbid.
REAL PROPERTY, ALIENATION
See SHELLEY'S Case.
Stock Killed.—Where a complaint may limit or restrict the power of
the nature of a tort, it was sufficient Complaint.-In an action to recover
........ Ibid. zance, although imprisonment may
to Railroads.- Townships.- Taxes, vided. Olt v. The State. ....... 365
manner as a trial by the court. The Answers oy Jury to Interrogato- may be required to state the facis ries. The answers to interrogatories
and conclusions of law separately; made by a jury discharged without otherwise they may render a general agreeing form no part of the record. finding
Ibid. Leffel v. Leffil.......... ......76 5. Same.- Report of Referecs.—The 2. Bill of Exceptions.--Where there report of referees stands as a general
is an appearance to an action, the finding by a court, or as the special summons and return are no part of verdict of a jury, and the finding in the record unless made so by a bill the one case, and the verdict in the of exceptions; but where there is no other, must be followed by a judgappearance to an action, the sum- ment thereon, or they will amount to mons and return are properly a part nothing .........
....... Ibid. of the record. The Fiff. Mad. Eu Ind' polis R. R. Co. v. Ross et al... IOS
REPLEVIN BAIL. 3. Affidavits.—Bill of Exceptions.
See FRAUD, 3, 4. Affidavits filed during the progress
S of a cause can only be made a part of the record by a bill of exceptions.
See FRAUD, I; PARTNERSHIP.
by A, against B., alleging that A. Party.–To cut off the right of an sold and delivered to B. a certain
owner of an equity of redemption quantity of wheat, on the 31st day to redeem, he must be made a of August, 1867, and B. agreed to party to the suit to foreclose. (Pet- pay A. within twelve cents per bushel TIT, C. J., dissents, holding that the of the Cincinnati market price, to be statute of June 4th, 1861, takes determined by the Cincinnati papers away all rights to redeem except at any time which A. might select, as provided in that statute.) Cox v. within one year from the delivery of Vickers et al.
the wheat; that on the 28th day of
April, 1868, A. notified B. that he REFEREES.
would on that day take the price of
said wheat as per Cincinnati papers Trial by Referees. — Before thero of that date; that wheat was worth can be a reference for trial, there in Cincinnati on that day $2.70 per must be an action pending; and there bushel; and that A. fixed the price can be no action pending unless on that day and demanded the pay there are adversary parties. Gilmore therefor, but B. refused, &c. v. B'd of Com’rs of Putnam Co..344 Teld, that the complaint was good.
Action - The filing of a claim Jones et al. v. Cook....... .....175 against a county before the Board of 2. Contract.-B. received of A., in Commissioners does not constitute November, 1864, a certain number an action, and there can, in such of sheep, on the following terms, set
case, be no reference for trial... Ibid. out in a written contract: B. to give 3. Arbitration.-Reference.—The ap- annually one pound and a half of
pointment of a committee by the wool per head, sheared from said Board of County Commissioners, to sheep and delivered by the 15th day examine the books and accounts of a of June, and pay, on or before the county treasurer who presents a claim ist day of July, 1868, four dollars for services, and to report whether and fifty cents per head for the sheep. there is any money due the treasurer, If the annual amount of wool was does not amount to a submission to not delivered, the principal sum, as arbitrators or a reference to referees, well as the wool, should be due at and the report of a committee so ap- the end of the year, and the above pointed is not binding, either upon amount of wool should be paid
the county or the claimant....... Ibid. yearly until the contract was fulfilled. 4. Trial by Referees. — A trial by Complaint by A. against B. on the
referees is conducted in the same contract, alleging that B., in August,
1865, delivered on the contract a guage of a deed was as follows:“1.,
real estate whatever, and that a trans-
ed with a contagious disease when no wise be valid.”
1. Irregularities.-Evidence.-A. sued
B. for the recovery of real estate and
damages for its detention. The right
of A. to recover depended on whether
a sheriff's sale and conveyance to
him was valid, he not being the judg-
ment-plaintiff or chargeable with
notice of any irregularities in the
sale. A. introduced the judgments,
executions, and sheriff's deed, and
proved payment of purchase-money
and his damages, and rested. B.
offered to prove that the sheriti
omitted to post notices of the sale
in the township where the real estate
is situated, and that the property
sold for only one-half its cash value.
The court refused to admit the clin
excluded. White et al. v. Cronk.
Same. Instruction. The court
charged the jury, “If you find that
the judgments, and executions, an. 1
the sheriff's deed are valid, and they
are if nothing contrary appears, you
ought to find for the plaintiff.”
See WILL, I.
State. Andrews v. Spurlin et al..262
1. Volunteer Soldier.-Credit to Town.
ship.-Evidence.- Where the ques-
Helil, that the muster-roll containing withholds the remedy for its enforce.
his name as a resident of that town- mcnt. Mather v. Scoles............
•507 showing part performance, or that
mise.-An instruction to the jury, reduce the contract to writing, is bad.
agreement in the alternative, to con-
..Ibid. ey, is within the statute of frauds,
and no action, either to compel a per-
formance or to recover money, can
be maintained upon it............. Ibid.
STATUTE OF LIMITATIONS.
ute of limitations contains no excep-
tions, and it appears upon the face of
the complaint that the action is barred,
the bar can be taken advantage of
by demurrer; but where there are ex-
ceptions, the statute must be pleaded
by answer. Perkins v. Rogers.. 124
Sce RECORD, 2.
finding of facts by the court, without Sce DEPOSITION; DIVORCE, I; Evi-
DENCE, 3; RECORD; SPECIAL FIND-
ING, I, 2.
cannot by agreement submit for the
tion not presented by the record.
is in the form of an agreed state-
ment of facts, and there is no reason
for another trial, the Supreme Court
remanding the case for trial. City of
make a contract void, but simply Shallcross ct al...........
3. Question of Law Reserved.-When
4. Refusal to Instruct Fury.-Where
7. Pleading-A judgment will not
Release of Errors. -A judgment
the judgment was confessed, and
Held, that the release of errors pleaded,
Credibility of Witnesses.-The