Volume 16 — Ohio Circuit Court Reports, New Series

<p>REPLEVIN OF GOODS CLAIMED AS EXEMPT.</p> <p>Exemption — Surplus Subject to Levy — Replevin.</p> <p>When goods levied upon to satisfy a judgment are claimed as exempt and replevied upon that ground, the defendant in replevin is entitled to a judgment for the excess of value of the goods over $500 not exceeding |he amount of the judgment and costs.</p>

<p>EFFECT OF THE .MISNAMING OF A CREDITOR. BY A BANKRUPT.</p> <p>Bankruptcy — Creditor Not Rightly Scheduled — Collateral Attack.</p> <p>1. A debt of a bankrupt due William J. Davidson is not discharged by . scheduling it in the name of William F. Davison.</p> <p>2. An action by Davidson on his debt against the bankrupt would not be a collateral attack upon the discharge in bankruptcy.</p>

<p>CORPORATE STOCK AS ALIMONY.</p> <p>Alimony — Allowance of, in Shares of Sioeh, Where Corporation a Party to Case — Decree to Operate as Transfer of Shares.</p> <p>In an action for alimony, with constructive service only upon the defendant husband, but actual service upon a corporation in which the husband owns stock, said stock may be allowed the wife as alimony and an order made upon the corporation, ordering it to transfer the certificates of stock to her, if in its possession, and providing that in the event of its inability to transfer them to her that the decree ol' the court should operate as such transfer so as to vest in her the title thereto.</p>

<p>PROCEEDINGS IN ERROR. IN LOCAL OPTION CASES.</p> <p>Wei and Dry Petitions — Searings thereon Judicial — Leave to Pile Petitions in Error urcmtcd T>y Court and Not Judge — Transcript Must Accompany Petition in Error.</p> <p>1. Leave to file a petition in error in the circuit court to the action of a mayor or judge upon a petition in favor of prohibiting the sale of liquor under the Jones law, must be granted by the court and not by a judge thereof.</p> <p>2. With the petition in error in such cases must be filed a transcript of the final record or a transcript of the docket and journal entries, as required by Revised Statutes, Section 6716.</p> <p>3. The proceedings before the mayor or judge on such petitions are judicial and not ministerial; otherwise error would not lie to them.</p>

<p>WORKING DAY FOR. A GIRL UNDER EIGHTEEN.</p> <p>Constitutional Law — Aci Regulating Mows of Labor of Girls Constitutional.</p> <p>The act of February 28, 1908 (99 O. L., 30), making it unlawful to permit a girl under eighteen years of age to work in a factory more than eight hours in one day, is constitutional.</p>

<p>JUDGMENT DEBTOR’S RIGHT OF APPEAL.</p> <p> Proceedings in Aid of Execution Appealable. </p> <p>Proceedings in aid of execution brought before a justice of the peace against a judgment debtor, may be appealed by him to the common pleas court.</p>

<p>REVIEW OF ACTION BY MAYOR IN GRANTING A “WET” PETITION.</p> <p>Intoxicating Liquors — Review of Finding of Mayor.</p> <p>No review of the finding of a mayor on the merits of the case, in passing upon a Jones law petition can be had, where the bill of exceptions does not contain all of the evidence adduced before the mayor.</p>