REPRINT OF OHIO CASES PUBLISHED IN FIFTEEN VOLUMES American Law Record 1872-1887. Volume I. Reprinted for The Ohio Decisions Series Of Ohio Case Law Books. NORWALK, OHIO. THE LANING PRINTING COMPANY, 1897. с Entered according to Act of Congress, in the year 1897, By THE LANING PRINTING CO. In the Office of the Librarian of Congress, at Washington. OCT 6 1931 PREFACE. These volumes are a reprint of the cases decided by the state courts of Ohio, found in the American Law Record, published at Cincinnati, from 1872 to 1887. The fifteen original volumes are compressed into two reprints, as all editorial, correspondence, cases decided in other states, and out-of-date matter, in the periodicals as first issued, have been omitted. These volumes are the fifth and sixth of a series of reprints embracing the Western Law Journal, Western Law Monthly, Weekly Law Gazette, American Law Register, Cleveland Law Record, Cleveland Law Reporter, American Law Record, Weekly Law Bulletin, and Circuit Court Reports, the republication of which has been undertaken and carried on at large expense. Without them no Ohio Library is complete, and as many of the original volumes have been out of print for a long time, and copies are scarcely obtainable at any price, and many of the cases acted upon by higher courts, it has been thought that an annotated reprint of these volumes was now called for. As citations to these authorities are found in the different editions of the Walker and Bates, aud Bates' Ohio Digest, and in Welch's Index Digest and come constantly under the eye of every judge and attorney who is looking up Ohio judicial precedents, it is believed the bar will consider our adventure a desirable one, and patronize it liberally. The reprint cases for the series are a full and faithful transcript of the originals. No case of an Ohio state court has been omitted, or abridged in the least, and no note or comment has been left out. Where no case titles were given in the original prints, we have prepared them, and they will be found herein, in black letters, at the beginning of the cases. Many of the opinions in the original periodicals had no syllabi, and where necessary we have supplied them. The foot notes herein showing cases affirmed, overruled, and considered, are valuable additions to the cases. The work has been carefully compared, proof read, and the decisions may be relied upon as being as authentic as the originals. The volumes follow each other in the same manner, and the cases appear in the same order as printed originally. The original paging is maintained, the volume number being at the head of the page, and the former page number given over the top of the pages, and also inserted in the margin, in bold type. By observing these bold face figures any desired citation can be as readily located as in the original book. The pagings of these volumes are placed at the bottom of the pages. In these reprints a feature appears, not adopted in former volumes of the series. Cases which have been overruled are often valuable, as it is as important to know what the law is not, as what it is. Adverse decisions often aid in giving a right conception of legal principles, and in some instances points are decided in overruled cases, not covered by the decision of the higher courts. Cases which have been affirmed with report, although the decision of the upper tribunal becomes the law, often do not contain a full statement of facts. Hence, the decisions of the lower courts, though reversed or affirmed, remain valuable. For these reasons, no overruled case, or one superseded by an affirmative opinion of a higher court, has been omitted herein, but such cases are set in type different than the cases not affected by later decisions. In this way, when the eye falls on a case set in the small type, it will be a reminder that the case had been overruled or superseded. By reference to the Table of Cases, the page of this book where a case is reprinted, can be located, from any citation to the original volume and page. May 15, 1897. THE LANING PRINTING CO. |