2 Ohio Law. Abs.

Volume 2 — Ohio Law Abstracts

917 opinions

2 Ohio Law. Abs. 5Costakis v. Village of Yorkville (1923)
2 Ohio Law. Abs. 5Scott v. City of Columbus (1923)
2 Ohio Law. Abs. 6Wyant v. Russell (1923)
2 Ohio Law. Abs. 6Yutze v. Copeland (1923)
2 Ohio Law. Abs. 6State ex rel. Ryan v. Patton (1923)
2 Ohio Law. Abs. 9Curtis v. State (1923)
2 Ohio Law. Abs. 9Struthers (Village) v. Sokol (1923)
2 Ohio Law. Abs. 11Shreve v. Burk (1923)
2 Ohio Law. Abs. 11Worley v. Glass (1923)
No. 15 118. AUTOMOBILES — The case of Elliot v. Harding (Súpleme Court) held not controlling of facts in this case- — Owner of automobile not liable where car is used by members of the famjily, unless owner is negligent in permitting an incompetent person to operate the same.
2 Ohio Law. Abs. 12Laschiacza v. Bloomington (Village) (1923)
2 Ohio Law. Abs. 12Luft v. Borzykowski (1923)
No. 17 Cushing, Buchwalter and Hamilton, JJ., sitting 297. CONTRACTS — Expert chemist employed by manufacturer of one process on percentage basis, after futile effort to correspond with employer, by assisting another manufacturer of same product by different process, is not engaged in competing business in breach of contract, preventing accounting.
2 Ohio Law. Abs. 13Robbins v. State (1923)
2 Ohio Law. Abs. 13Abriate v. State (1923)
2 Ohio Law. Abs. 13Jenkins v. Coulson (1923)
2 Ohio Law. Abs. 14Gill v. Gill (1923)
2 Ohio Law. Abs. 39Industrial Commission v. McNelley (1924)
2 Ohio Law. Abs. 40Seidl v. Carr (1924)
2 Ohio Law. Abs. 46Harrington v. Frisch (1923)
No. 22 480. EVIDENCE — Verdict against owner of truck left by driver at other than usual place, reversed on weight of evidence though scintilla rule properly submitted to jury.
2 Ohio Law. Abs. 47Benesch v. Cedar Heights Land Co. (1923)
2 Ohio Law. Abs. 47Jamieson v. Davis (1923)
No. 25 959. PROCESS — Summons issued against railroad in other than county where injury occurred was quashed. 11273 GC controls.
2 Ohio Law. Abs. 47Bernardo v. Rizzo (1923)
2 Ohio Law. Abs. 48Industrial Com. v. Flaherty (1923)
2 Ohio Law. Abs. 51Remus v. United States (1923)
2 Ohio Law. Abs. 53Cleveland (City) v. Legal News Publishing Co. (1923)
2 Ohio Law. Abs. 53Cleveland Board of Education v. Featherstone (1923)
2 Ohio Law. Abs. 53Marsh v. Commissioners (1923)
2 Ohio Law. Abs. 53Cleveland Board of Education v. Juergens (1923)
2 Ohio Law. Abs. 54Industrial Commission v. Olinger (1923)
2 Ohio Law. Abs. 55Bara v. Bea (1923)
2 Ohio Law. Abs. 55Forest City Invest. Co. v. Haas (1923)
2 Ohio Law. Abs. 56Youngstown Muni. Ry. Co. v. Moore (1923)
No. 30 480. EVIDENCE — Reversal &s being against manifest Weight of evidence, refused in this case.
2 Ohio Law. Abs. 56Beyer v. Gaskill (1923)
2 Ohio Law. Abs. 57Graham v. Bergen (1924)
309. COSTS — Those of the proceeding, including those of the Special Master and his report, charged to and paid out of the fund in controversy.
2 Ohio Law. Abs. 57Fields v. Youngstown Muni. Ry. (1923)
2 Ohio Law. Abs. 57State v. Boulay (1924)
No. 33 607. HIGHWAYS — Notice of a proposed change in a portion of a main market highway need be published in only the counties within which the change is to be made.
2 Ohio Law. Abs. 58Board of Education v. Juergens (1923)
2 Ohio Law. Abs. 58Ohio Grocery Co. v. W. Va. Macaroni Co. (1923)
2 Ohio Law. Abs. 59Youngstown Muni. Ry. Co. v. Ullman (1923)
No. 36 1115. STREET RAILWAYS—Verdict manifestly against weight of evidence xvas reversed in this case.
2 Ohio Law. Abs. 59Masters v. Beamer (1923)
2 Ohio Law. Abs. 59Wright Co. v. Lauby (1923)
2 Ohio Law. Abs. 61Jordan Motor Car Co. v. Chapin (1923)
2 Ohio Law. Abs. 67Widmer v. State (1924)
2 Ohio Law. Abs. 68Norman v. State (1924)
2 Ohio Law. Abs. 68State v. Champion (1924)
2 Ohio Law. Abs. 69State v. Brozich (1923)
2 Ohio Law. Abs. 69De Witt v. State (1923)
2 Ohio Law. Abs. 70Bernath v. Fulton County Comrs. (1924)
2 Ohio Law. Abs. 70State v. McKay (1924)
2 Ohio Law. Abs. 71Phelps v. Findlay (City) (1923)
2 Ohio Law. Abs. 71Starr Piano Co. v. Woldman (1923)
2 Ohio Law. Abs. 71Wortman v. State (1923)
2 Ohio Law. Abs. 72De Groodt v. Skrbina (1923)
2 Ohio Law. Abs. 73Gronowski v. Lewandrowski (1923)
2 Ohio Law. Abs. 73Meyers v. State (1923)
2 Ohio Law. Abs. 73Larue v. Larue (1923)
No. 54 413- DIVORCE AND ALIMONY — Court may make subsequent allowance for support of adopted minor child after entering a decree of divorce and alimony.
2 Ohio Law. Abs. 74Chambers v. Lee (1923)
2 Ohio Law. Abs. 74Bailey v. Bailey (1923)
2 Ohio Law. Abs. 75Forrester v. Cleveland (City) (1923)
2 Ohio Law. Abs. 75State v. Durant (1923)
2 Ohio Law. Abs. 76Citizens Bldg. & Const Co. v. Buddenberg (1924)
No. 59 841. NEW TRIAL—Mere difference of opinion between court and jury,, not a ground for setting verdict aside and granting new trial. Middleton ,Sayre and Mauck, Sitting
2 Ohio Law. Abs. 76Kready v. McVicker (1923)
2 Ohio Law. Abs. 76Payne v. Highway Const. Co. (1923)
2 Ohio Law. Abs. 77Friedman v. Huntsberry (1923)
2 Ohio Law. Abs. 77Cleveland City School District v. Pickell (1923)
2 Ohio Law. Abs. 78Union News Co. v. Freeborn (1923)
2 Ohio Law. Abs. 78State v. Giunca (1923)
2 Ohio Law. Abs. 84Lonsdale Mfg. Co. v. Ascherenka (1924)
2 Ohio Law. Abs. 84Ricketts v. Cinc., Milford & Loveland Trac. Co. (1924)
2 Ohio Law. Abs. 85Jones v. Girard (Vil.) (1924)
2 Ohio Law. Abs. 85State ex rel. Riegel v. Sherman (1923)
Motion for order to certify record, filed in Supreme Court,
2 Ohio Law. Abs. 85Marqua v. Martin (1923)
2 Ohio Law. Abs. 86Widner v. State (1924)
2 Ohio Law. Abs. 87State v. Champion (1923)
2 Ohio Law. Abs. 88Welsh v. Guarino (1923)
2 Ohio Law. Abs. 88Importers & Exporters Insurance Co. v. Ross (1923)
2 Ohio Law. Abs. 89Fetterman v. Cleveland Heights Board of Education (1923)
No. 70 85. APPEALS — Injunction case is appeal-able. 1065. SCHOOLS — Establishment and publication of educational survey held necessary and proper.
2 Ohio Law. Abs. 89Stein v. Fries (1923)
2 Ohio Law. Abs. 90Lazzara v. Glazer (1923)
2 Ohio Law. Abs. 90Crum v. Crum (1923)
2 Ohio Law. Abs. 90Geometric Stamping Co. v. Gabriel Manufacturing Co. (1923)
No. 73 297. CONTRACTS — Agreement to do what promisor was legally bound to do is without consideration. Damages — Measure of damages for sale of stipulated number of goods with alternative of purchasing deficiency in open market is difference between market price and contract price, thereof.
2 Ohio Law. Abs. 91Bailey v. Geisinger (1923)
2 Ohio Law. Abs. 91De Paolo v. State (1923)
No. 75 661. INTOXICATING LIQUORS — Evidence held to warrant a conviction of selling.
2 Ohio Law. Abs. 92Schwartz v. Carlisle Township Board of Education (1923)
2 Ohio Law. Abs. 92Youngstown Muni. Ry. v. Toth (1923)
2 Ohio Law. Abs. 92Cleve. & Eastern Trac. Co. v. Oberton (1923)
2 Ohio Law. Abs. 93Elton Motor Car Co. v. Young (1923)
2 Ohio Law. Abs. 99Klonowski v. Monczewski (1924)
2 Ohio Law. Abs. 100Amazon Rubber Co. v. Morewood Realty Holding Co. (1924)
2 Ohio Law. Abs. 100Spitzer v. Stillings (1924)
2 Ohio Law. Abs. 101Kuhn v. Cincinnati Traction Co. (1924)
2 Ohio Law. Abs. 101State ex rel. Smith v. Barnell (1924)
2 Ohio Law. Abs. 102Hatch v. Berthold (1923)
2 Ohio Law. Abs. 102Di Santo v. State (1924)
No. 83 511. FALSE PRETENSES — Conviction, of obtaining property under false pretenses is not sustained when proof shows payment of bill for which accused was charged with not paying.
2 Ohio Law. Abs. 103Rozenblad v. Youngstown (City) (1923)
2 Ohio Law. Abs. 103Everstine v. McCaskey Register Co. (1923)
2 Ohio Law. Abs. 104Aldrich v. McCune (1923)
2 Ohio Law. Abs. 104State v. Banks (1923)
2 Ohio Law. Abs. 104B. & O. R'y Co. v. Norcross Marble Co. (1923)
No. 88 829. NEGLIGENCE — Doctrine of res ipsa loquitur applies to injury of building by railroad when latter fails to explain cause of injury.
2 Ohio Law. Abs. 114Acklin v. People's Sav. Ass'n (1923)
2 Ohio Law. Abs. 116Maxfield v. Brooks (1924)
Error to the Court of Appeals of Clermont county.
2 Ohio Law. Abs. 117State v. Harlan (1924)
2 Ohio Law. Abs. 117Koontz v. Hubley (1924)
2 Ohio Law. Abs. 117Beardsley v. Scott (1923)
2 Ohio Law. Abs. 118McLain v. P. U. C. (1924)
2 Ohio Law. Abs. 118Goodkind v. Goodkind (1924)
2 Ohio Law. Abs. 119Spitzer v. Stillings (1924)
2 Ohio Law. Abs. 120Cohen v. Goldberger (1922)
2 Ohio Law. Abs. 121Pennsylvania R. R. v. Elliott (1923)
No. 102 225. CHARGE TO JURY — Refusal to give request to charge, eliminating theory of plaintiff as to manner of causing injury, held not erroneous. I Empanelling incompetent juror held not subject of error unless shown in record. 114. ATTORNEY AND CLIENT — While it is clearly reversible error for an attorney retained by one party to change sides and appear for adverse party at trial, reviewing court neither considers it proper nor its duty to reverse in absence of exception in record.
2 Ohio Law. Abs. 121Crull v. Eidgenoss (1923)
2 Ohio Law. Abs. 122Vigoritto v. State (1923)
No. 103 661. INTOXICATING LIQUORS — -Court of Appeals is not in session when sitting in an- , other county under the construction of 6212-2 GC. of the Liquor Statute.
2 Ohio Law. Abs. 122Edison Electric Co. v. Miller (1923)
2 Ohio Law. Abs. 123Lemon v. Wiltberger (1923)
2 Ohio Law. Abs. 123Security Benefit Ass'n v. Mahon (1923)
No. 105 723. LIFE IN SU R AN CE — V erdi ct against insúrer held nftt reversible ' When experts "differed as to physical condition of insured — Refusal to admit death certificate of husband of insured showing tuberculosis as cause held not erroneous — Refusal to submit requests -for special findings involving questions -and answers of insured in insurance application, held prejudicial. . .
2 Ohio Law. Abs. 124Phoenix Portland Cement Co. v. Shadrach (1924)
2 Ohio Law. Abs. 125Cinci., M. & L. Trac. Co. v. Ricketts (1923)
2 Ohio Law. Abs. 125Trumbull Lumber Co. v. Warren Cartage & Coal Co. (1923)
No. 109 1028. SALES — Principles of certain former decisions not abrogated by the Sales Act.
2 Ohio Law. Abs. 126Frances Willard Co. v. Hoover (1924)
2 Ohio Law. Abs. 126Century Improvement Co. v. Raymond (1924)
No. 111 1157. TAXATION — Lessor not liable for income taxes under terms of lease, providing lessee shall pay all taxes and assessments “upon the rents herein reserved.”
2 Ohio Law. Abs. 130Chin Hoy v. United States (1923)
2 Ohio Law. Abs. 133State ex rel. Smith v. Barnell (1924)
2 Ohio Law. Abs. 133State ex rel. Standard Oil v. Harris (1924)
2 Ohio Law. Abs. 134State ex rel. Stanton v. Powell (1924)
2 Ohio Law. Abs. 135Courtright v. Scrimger (1923)
2 Ohio Law. Abs. 135Aldrich v. Friedman (1924)
2 Ohio Law. Abs. 135Hover v. Gardner (1924)
2 Ohio Law. Abs. 136Rickey v. Baughman (1924)
2 Ohio Law. Abs. 136New Prague Milling Co. v. Fisher (1924)
2 Ohio Law. Abs. 137Norton v. Norton (1924)
2 Ohio Law. Abs. 137Youngstown Grocery v. Davis Bros. Fisheries (1923)
2 Ohio Law. Abs. 137Steeves v. Cancenni (1923)
2 Ohio Law. Abs. 138Bellows v. Tucker (1923)
2 Ohio Law. Abs. 138Denton v. Pitts. Plate Glass Co. (1923)
2 Ohio Law. Abs. 139McCartney v. Roberts (1923)
2 Ohio Law. Abs. 139Price v. Insande (1923)
No. 127 543. FORCIBLE ENTRY AND DETAINER. Judgment for forcible entry and detainer held not a bar to subsequent action for breach of contract of lease.
2 Ohio Law. Abs. 140Ross v. State (1923)
No. 128 661. INTOXICATING LIQUORS. 6175 GC. prescribing that fluids destroyed to prevent seizure, are mude prima facie intoxicating liquor, unlawfully kept, does not shift the burden of proof to defendant.
2 Ohio Law. Abs. 140Howenstein v. Cheveney (1923)
2 Ohio Law. Abs. 140Columbus Ry. Power & Light Co. v. Payne (1924)
2 Ohio Law. Abs. 141Dollar Sav. & Tr. Co. v. Trenton Lumber Co. (1923)
2 Ohio Law. Abs. 141Schornfield v. Pittsburg, Ry. (1923)
2 Ohio Law. Abs. 142Buros v. Chapman (1924)
No. 134 182. BROKERS — Placing property for sale in hands of real estate brokers entitles him to regular and customary commission — Failure to provide as to payment of taxes, insurance, does not warrant finding that agent had not procured purchaser as agreed.
2 Ohio Law. Abs. 142Sharp v. Krupar (1924)
2 Ohio Law. Abs. 146Venner v. N. Y. C. Ry. (1923)
2 Ohio Law. Abs. 149State v. Lowenstein (1924)
Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Hamilton county. This case arises upon exceptions taken by the state to the action of the trial court in directing a verdict for the defendant. The defendant, Ben Lowenstein, was indicted by the grand jury of Hamilton county, in the court of common pleas, charged with issuing a check against insufficient funds.
2 Ohio Law. Abs. 149Dean v. McMullen (1924)
Error to the Court of Appeals of Champaign county.
2 Ohio Law. Abs. 149Gildersleeve v. Newton Steel Co. (1924)
No. 138 829. NEGLIGENCE — Gross negligence or wantonness not a wilful act, under 1465-76 GC., unless conjoined with a purpose or intention of injuring another. Employe’s remedy for injury from negligent electric construction is not against employer, but for compensation. Employer thus sued may plead defense of contributory negligence and fellow servant rule. Sec. 6242 GC. is a departure from 1465-76 to a certain extent. A fellow servant of injured employe not an agent of employer — Agent defined as an employe with certain authority over the injured.
2 Ohio Law. Abs. 150McGee v. Sigmund (1924)
The plaintiff in error filed her petition against the defendant in error in the common pleas court of Highland county, averring that on the 15th day of August, 1921, and prior thereto, Anthony Sigmund and Elizabeth Sigmund were husband and wife; that on that date Anthony and Elizabeth Sigmund entered into a written agreement, signed by the parties thereto in presence of witnesses, by the terms of which they agreed upon an immediate separation as husband and wife, which…
2 Ohio Law. Abs. 150Mahoning Park Co. v. Warren Home Development Co. (1924)
Error to the Court of Appeals of Trumbull County.
2 Ohio Law. Abs. 150Makranczy v. Galfand (1924)
Error to the Court of Appeals of Cuyahoga county.
2 Ohio Law. Abs. 151Maxfield v. Brooks (1924)
No. 142 1053. ROADS — May assess for road improvement, land, within 1 mile thereof— The area to be assessed may be changed upon due notice, at any time before assessment is made.
2 Ohio Law. Abs. 152Pennsylvania Co. v. West Penn. Railway Co. (1924)
2 Ohio Law. Abs. 152Fritz v. Kreitzer (1924)
2 Ohio Law. Abs. 153Guinca v. State (1924)
2 Ohio Law. Abs. 153Doud v. Cincinnati (City) (1924)
2 Ohio Law. Abs. 153Long v. Grasham (1924)
2 Ohio Law. Abs. 154Alflen v. McClenahan (1924)
2 Ohio Law. Abs. 154Scopilliti v. Stiller (1924)
2 Ohio Law. Abs. 155Erskine (1923)
2 Ohio Law. Abs. 155Van Epp v. Mast (1923)
No. 151 182. BROKERS — Burden is on real estate broker to establish contract to sell and verdict of jury finding no contract to pay commission will not be reversed.
2 Ohio Law. Abs. 155Taplin, Co. v. Hazlett (1923)
2 Ohio Law. Abs. 156Atkinson Printing Co. v. Atkinson (1923)
2 Ohio Law. Abs. 156Loose Wiles Biscuit Co. v. Pfahl (1923)
No. 154 829. NEGLIGENCE — Doctrine of res ipsa loquitur applies when diriver of wagon on right side of highway is struck from the rear by motor truck. 355. DAMAGES — Verdict of $22,500 held not excessive in case of man thrown from wagon suffering concussion of brain.
2 Ohio Law. Abs. 157Lombardi (1923)
No. 156 923. PLEADINGS — Liberal construction taken of requirements of allegations in petition.
2 Ohio Law. Abs. 157Cleveland Ry. Co. v. Sheehan (1924)
No. 155 677. JUDGMENTS — Newly discovered evidence to set aside a judgment must be of such character as would tend to change verdict. Refusal to vacate judgment under facts in case held erroneous.
2 Ohio Law. Abs. 158State ex rel. Atty. Gen. v. Dollings Co. (1924)
2 Ohio Law. Abs. 162Trumbull Stell Co. v. Routzahn (1923)
2 Ohio Law. Abs. 165State v. Lowenstein (1924)
No. 159 147. BILLS AND CHECKS — Issuance of check without sufficient funds held prima facie evidence of issuing check with intent to defraud.
2 Ohio Law. Abs. 165Dean v. McMullen (1924)
No. 161 489. EXEMPTIONS — Agreement to waive exemptions created for the benefit of the family is void as. against public policy — Husband cannot waive wife’s right to claim exemption..
2 Ohio Law. Abs. 165McGee v. Sigmund (1924)
No. 160 615. HUSBAND AND WIFE — 7999 GC. confers on husband and wife no greater power to contract than other persons have. 297. CONTRACT — There is no power to contract concerning a hope or expectancy of inheritance which is neither vested nor contingent.
2 Ohio Law. Abs. 166Savage Fire Clay Co. v. Peters (1924)
2 Ohio Law. Abs. 166Gildersleeve v. Newton Steel Co. (1924)
No. 162 1283. WORKMEN’S COMPENSATION— The term “wilful act” employed in 1465-76 GC. imports an act of will and design and of conscious intention to inflict injury upon some person — Gross negligence alone is not' a wilful act under this section.
2 Ohio Law. Abs. 167Central Gas Co. v. Hope Oil Co. (1924)
2 Ohio Law. Abs. 167Davis v. Hassler (1924)
2 Ohio Law. Abs. 168Swartz v. Swartz (1923)
2 Ohio Law. Abs. 168Beavertown Cem. Ass'n v. Summers (1924)
2 Ohio Law. Abs. 168Topper v. Schonberg (1924)
2 Ohio Law. Abs. 169Krukemeier v. Cleve Firemen's Life Ins. Co. (1924)
No. 168 723. LIFE INSURANCE — Resignation from fire department one week before he died held not proof of insanity preventing assured’s resigning benefits of life policy in firemen’s insurance.
2 Ohio Law. Abs. 169Bushnell v. Birnbaum (1924)
No. 170 677. JUDGMENT — Court may set aside default and permit answer without committing prejudicial error. 465. ERROR. — Reviewing court will not reverse verdict as contrary to weight of evidence because evidence was conflicting.
2 Ohio Law. Abs. 169Curtis-Dayton Co. v. Timken Rol. Bearing Co. (1923)
2 Ohio Law. Abs. 170Darden v. State (1924)
2 Ohio Law. Abs. 170Brownell v. Burchfield (1924)
2 Ohio Law. Abs. 180Schwindt v. Graeff (1924)
2 Ohio Law. Abs. 180Miller v. Blockberger (1924)
2 Ohio Law. Abs. 181Gearhart v. Richardson (1924)
2 Ohio Law. Abs. 181State ex rel. Lindley v. Maccabees (1924)
2 Ohio Law. Abs. 181Travelers Insurance Co. v. Village of Wadsworth (1924)
2 Ohio Law. Abs. 182Mahoning Park Co. v. Warren Home Develop. Co. (1924)
No. 175 755. MECHANICS LIEN — Lessor is not liable for repairs made on his porperty at the instance of the lessee, who by the terms of the lease must repair, and the lessor’s reversion in fee cannot be subjected to a mechanics lien therefor.
2 Ohio Law. Abs. 182Kuhn v. Cincinnati Trac. C. (1924)
2 Ohio Law. Abs. 183Makranczy v. Gelfand (1924)
No. 176 465. ERROR — 1. Proceedings of lower court deemed proper unless error appears on face of record. 2. Error must be prosecuted within 70 days after entry of order vacating judgment. 3. Overruling of motion to strike out irrelevant matter held no ground for reversal unless prejudicial. 4. Although special instructions do not cover every branch and feature of plaintiff’s case, if the general charge covers the same, there is no prejudicial error.
2 Ohio Law. Abs. 184Schwindt v. Graeff (1923)
No. 177 683. JURY — Common law rule that a verdict of a jury is not to be impeached by affidavit of a member that deciding vote came from a juror who voted according to a coin toss, although affiants did not join in the verdict.
2 Ohio Law. Abs. 185Faust Lumber Co. v. Union Lumber Co. (1923)
2 Ohio Law. Abs. 185Furlong v. Moore (1923)
2 Ohio Law. Abs. 185Knott v. Moore Lamb Cons. Co. (1923)
No. 180 BUILDING CONTRACT — Expert testimony as to reasonable cost of construction of building held admissible when contract is admitted but difference as to price amount exists.
2 Ohio Law. Abs. 186Minahan v. Cleveland Ry. Co. (1923)
2 Ohio Law. Abs. 186Schunn v. State (1923)
2 Ohio Law. Abs. 187Swetland v. Miles (1923)
2 Ohio Law. Abs. 188Mikochinski v. Akron Tile Co. (1923)
2 Ohio Law. Abs. 188Burstein v. Uzinsky (1923)
No. 185 “679. JUDICIAL SALES — Court may vacate entry of confirmation of sale after the; deed is ordered, and subsequent to the delivery and record thereof at the same term of court, even though the statutory provision therefor is not strictly followed by the party seeking relief.
2 Ohio Law. Abs. 189Burger v. Renner Products Co. (1924)
2 Ohio Law. Abs. 190Woodland Av. Sav. & Tr. Co. v. Williams-Murphy Co. (1923)
No. 187 147. BILLS AND NOTES — Where A gives note and mortgage to B, who assigns note to C, and C assigns note back to B as collateral for loan, payment of A’s debt to B discharges note.
2 Ohio Law. Abs. 196Winzeler v. Knox (1924)
2 Ohio Law. Abs. 196State v. Schwab (1924)
2 Ohio Law. Abs. 197Columbus Railway, Power & Light Co. v. Harrison (1924)
2 Ohio Law. Abs. 197Groby v. State (1924)
2 Ohio Law. Abs. 197Huntington & Finke Co. v. Lake Erie Lumber & Supply Co. (1924)
2 Ohio Law. Abs. 197New York Central R. R. v. Francis (1924)
2 Ohio Law. Abs. 198Lisk v. Hora (1924)
2 Ohio Law. Abs. 198Smart v. Ajax Rubber Co. (1924)
2 Ohio Law. Abs. 199Central Ohio Gas Co. v. Ohio Public Ut. Com. (1924)
2 Ohio Law. Abs. 199Md. Casualty Co. v. Citizens Bank (1923)
2 Ohio Law. Abs. 199Donselman v. Mulligan (1924)
2 Ohio Law. Abs. 199American Indem. Co. v. Meyer (1924)
2 Ohio Law. Abs. 200Clancy v. Goebel (1924)
2 Ohio Law. Abs. 200Royal Green Coach Co. v. Ohio Public Util. Com. (1924)
2 Ohio Law. Abs. 201Jarrett v. McShaffrey Const. Co. (1913)
2 Ohio Law. Abs. 201Orebaugh v. Severence (1924)
2 Ohio Law. Abs. 201Levering v. Levering (1924)
2 Ohio Law. Abs. 202Davis v. Hambly (1924)
2 Ohio Law. Abs. 202Donselman v. Mulligan (1923)
2 Ohio Law. Abs. 203Deutsch v. State (1923)
2 Ohio Law. Abs. 203Morton v. Cincinnati (City) (1923)
2 Ohio Law. Abs. 204Crane Chocolate Co. v. Maple Syrup Co. (1923)
2 Ohio Law. Abs. 204Friedman v. Huntsberry (1923)
2 Ohio Law. Abs. 205Franklin Bond & Investment Co. v. Long (1923)
2 Ohio Law. Abs. 205Ohio State Bank & Tr. Co. v. Biltwell Tire Co. (1924)
2 Ohio Law. Abs. 206Smulyan v. United States (1923)
2 Ohio Law. Abs. 207Luthy v. Cincinnati, N. Y. & Tex. P. Ry. Co. (1924)
2 Ohio Law. Abs. 211Kiriakis v. Fountas (1924)
2 Ohio Law. Abs. 211Fidelity & Casualty Co. v. Hartzell Bros. (1924)
2 Ohio Law. Abs. 212Piascik v. Industrial Commission (1924)
2 Ohio Law. Abs. 212Stewart v. McEwen (1924)
2 Ohio Law. Abs. 212Marriott v. Hawk (1924)
2 Ohio Law. Abs. 213Wasserstrom v. Columbus Ry. Co. (1924)
2 Ohio Law. Abs. 213Walter Coal Co. v. Cuyahoga Supply Co. (1924)
2 Ohio Law. Abs. 214Cincinnati Finance Co. v. Booth (1924)
2 Ohio Law. Abs. 215Smalley v. Miller (1924)
2 Ohio Law. Abs. 215Halliday v. Palmer (1924)
2 Ohio Law. Abs. 215Cline v. Lantz (1924)
2 Ohio Law. Abs. 216Coblenz v. Saville (1924)
2 Ohio Law. Abs. 216Bryant Heater & Manfg. Co. v. Kidd (1923)
2 Ohio Law. Abs. 217Williams v. Christopher (1924)
2 Ohio Law. Abs. 217Heddesheimer v. Milliken (1923)
2 Ohio Law. Abs. 218Walter-W. Coal Co. v. Supply Co. (1924)
2 Ohio Law. Abs. 218N. Y. Cent. Ry. v. Meacham (1924)
2 Ohio Law. Abs. 219O'Neil Co. v. Horwitz (1924)
2 Ohio Law. Abs. 219Sachs v. Friedman (1924)
2 Ohio Law. Abs. 220Devine v. Cibula (1924)
2 Ohio Law. Abs. 220Baker v. Babitt (1923)
2 Ohio Law. Abs. 221Great Am. Mutual Indem. Co. v. Meyer (1924)
2 Ohio Law. Abs. 221Cleveland Ry. Co. v. Gray (1924)
2 Ohio Law. Abs. 221Speer v. Cleveland Ry. Co. (1924)
2 Ohio Law. Abs. 222Bradley v. Cleveland Ry. Co. (1924)
2 Ohio Law. Abs. 222Park v. Gilligan (1921)
No. 241 1157 — TAXATION—Profits accrued prior to . March 1, 1913, but not distributed'until after September 8, 1916, are not taxable. Dividends credited to stockholders on books of corporation are taxable as income only to extent actually drawn out by them.
2 Ohio Law. Abs. 223Wong Sun v. United States (1923)
2 Ohio Law. Abs. 228Bartley v. National Business Men's Ass'n (1924)
2 Ohio Law. Abs. 228City of Cleveland v. Edwards (1924)
2 Ohio Law. Abs. 228Hadfield-Penfield Steel Co. v. Oberlander (1924)
2 Ohio Law. Abs. 229Balt. & Ohio Ry. v. Tustison (1924)
2 Ohio Law. Abs. 229Wagner v. Auldridge (1924)
2 Ohio Law. Abs. 229Loose Wiles Biscuit Co. v. Pfahl (1924)
2 Ohio Law. Abs. 230Coy v. Foster (1923)
2 Ohio Law. Abs. 230Grime v. Grime (1924)
2 Ohio Law. Abs. 231Aldrich v. MeCune (1923)
2 Ohio Law. Abs. 231Brislen v. Huntley (1924)
2 Ohio Law. Abs. 232Tabler v. Palmer (1924)
2 Ohio Law. Abs. 232Findley v. Goff (1923)
2 Ohio Law. Abs. 232Weeks v. Snyder (1924)
2 Ohio Law. Abs. 233Schwartz v. Carlisle Tp. Bd. of Ed. (1923)
2 Ohio Law. Abs. 233Carlen v. Davis (1924)
2 Ohio Law. Abs. 234Hathcock v. Hathcock (1924)
2 Ohio Law. Abs. 234Marshall v. Roettinger (1923)
2 Ohio Law. Abs. 235Lindeman v. Rosche (1923)
2 Ohio Law. Abs. 242Fehr v. Cawthon (1923)
2 Ohio Law. Abs. 242United States v. Rudner (1923)
2 Ohio Law. Abs. 243United States v. Bentley (1923)
2 Ohio Law. Abs. 245Lamb v. Lehmann (1924)
2 Ohio Law. Abs. 245Embleton v. McMechen (1924)
2 Ohio Law. Abs. 245McLain v. Public Utilities Commission (1924)
2 Ohio Law. Abs. 246Board of Education v. Campbell (1924)
2 Ohio Law. Abs. 246Royal Green Coach Co. v. Public Utilities Commission (1924)
2 Ohio Law. Abs. 246Ohio Electric Railway Co. v. City of Greenville (1924)
2 Ohio Law. Abs. 246Slusser v. Pennsylvania Co. (1924)
2 Ohio Law. Abs. 247Williamson Coal Sales Co. v. Gano Coal Mining Co. (1924)
2 Ohio Law. Abs. 247Hine v. Eikler (1924)
Error to Hamilton Appeals
2 Ohio Law. Abs. 247Cinci. Traction Co. v. Masters (1924)
2 Ohio Law. Abs. 248Schwartz v. State (1924)
2 Ohio Law. Abs. 248Mellon v. Cleveland R'y Co. (1924)
No. 274 114. ATTORNEY AND CLIENT — Sharing judgment recovered,' as fee for services — Settlement with client, without attorney’s knowledge.
2 Ohio Law. Abs. 249Jacobson v. Cleveland (City) (1924)
2 Ohio Law. Abs. 249Dourm v. Caledonian Ins. Co. (1924)
2 Ohio Law. Abs. 250Edlis Co. v. Spero (1924)
2 Ohio Law. Abs. 250Charcoski v. Skinner (1924)
No. 278 715. LIBEL AND SLANDER — Where petition alleged slander uttered on March 13th, held no error in Court’s charge to jury to find for defendant unless they found that said slander was uttered during the month of March.
2 Ohio Law. Abs. 251Curtin v. Woodland Cemetery Ass'n (1924)
2 Ohio Law. Abs. 251Wiemer Co. v. Wise Co. (1923)
No. 282 1227. WORDS AND PHRASES — “Other places” in ordinance prohibiting fires in streets, alleys or other places, is restricted to public places and does not apply to private places. 874. ORDINANCES — Requiring permission of chief of police to start fires in streets, etc., is delegation of legislative power invalidating ordinance. 751. MASTER AND SERVANT — Inference that driver of truck bearing name of defendant does not justify inference that he was employed to start fire damaging plaintiff, 829. NEGLIGENCE — Charging negligence to be want of ordinary care is inadequate when negligence is gist of action.
2 Ohio Law. Abs. 251Plantz v. State (1924)
2 Ohio Law. Abs. 252Sproul v. Lachman (1924)
2 Ohio Law. Abs. 260Collins v. Collins (1924)
2 Ohio Law. Abs. 260Hasse v. Morison (1924)
2 Ohio Law. Abs. 260City of Cuyahoga Falls v. Beck (1924)
2 Ohio Law. Abs. 261Jackson v. Cleveland Railway Co. (1924)
2 Ohio Law. Abs. 261Osik v. State (1924)
661. INTOXICATING LIQUORS — Unlawful transportation of.
2 Ohio Law. Abs. 261Hyatt Roller Bearing Co. v. Bloch (1924)
2 Ohio Law. Abs. 262Vild v. Mullin (1924)
2 Ohio Law. Abs. 262Ross Heater & Mfg. Co. v. Biggs Boiler Co. (1924)
2 Ohio Law. Abs. 263Youngstown Ry. Co. v. DeCamp (1923)
2 Ohio Law. Abs. 263Smart v. Ajax Rubber Co. (1924)
2 Ohio Law. Abs. 263Madjorous v. State (1924)
No. 292 327. COURTS — Court does not have inherent power to suspend indefinitely execution of sentence in criminal case. . 661. INTOXICATING LIQUORS — Section 6212-17 GC. held constitutional as it does not provide for a remittance of a fine or a suspension of sentence.
2 Ohio Law. Abs. 264In re Griffith (1924)
2 Ohio Law. Abs. 264Clark v. Lee (1924)
2 Ohio Law. Abs. 265Marriott v. Hawk (1923)
2 Ohio Law. Abs. 265Bowman v. Rapid Transit Land Co. (1924)
2 Ohio Law. Abs. 266Jackson v. Cleveland Railway Co. (1924)
2 Ohio Law. Abs. 266Lawyer v. Hildebrand (1924)
No. 299 1027. RES ADJUDICATA — Decision of case brought in one county under 6308 GO held notes or mortgage, but credit was given to res adjudicata of same case pending in another county — Priority of filing suit does not affect right of pleading res adjudicata.
2 Ohio Law. Abs. 267Beardsley v. Scott (1923)
No. 301 VERDICT — Where there is a sharp conflict in the evidence, it is for the jury to determine its weight and the higher court cannot say that tht verdict is against its manifest weight.
2 Ohio Law. Abs. 267Sproul v. Greenberg (1923)
2 Ohio Law. Abs. 268Chevrolet Motor Co. v. Stern (1923)
2 Ohio Law. Abs. 268Weston v. Bolotin Furniture Co. (1923)
2 Ohio Law. Abs. 269Sandefur v. Canoe Creek Coal Co. (1923)
2 Ohio Law. Abs. 269Franklin Co. v. Com'l Nat. Bank (1923)
2 Ohio Law. Abs. 275Western Union Telegraph Co. v. Edminston (1924)
2 Ohio Law. Abs. 275New York, Chicago & St. Louis Railroad v. Biermacher (1924)
2 Ohio Law. Abs. 276Klein v. Lust (1924)
2 Ohio Law. Abs. 276Bardons v. Bardons (1924)
2 Ohio Law. Abs. 276Forest City Investment Co. v. Haas (1924)
2 Ohio Law. Abs. 277Masters & Mullen Const. Co. v. Cleveland (School Dis.) (1924)
2 Ohio Law. Abs. 277F. N. Johnson Maple Syrup Co. v. Crane Choc. Co. (1924)
2 Ohio Law. Abs. 277Koch v. Pond (1924)
2 Ohio Law. Abs. 278Ohio Tax Com. v. Nat. Mal. Castings Co. (1924)
2 Ohio Law. Abs. 279Cleveland Sav. & Loan Co. v. Parsons (1924)
2 Ohio Law. Abs. 279Jakab Co. v. Flowers (1924)
2 Ohio Law. Abs. 280Karacsony v. Stokich (1923)
2 Ohio Law. Abs. 280Lynch v. State Banking & Tr. Co. (1924)
2 Ohio Law. Abs. 281Fidelity & Cas. Co. v. McClure (1923)
2 Ohio Law. Abs. 281Columbus, D. & M. Elect. Co. v. Early (1924)
2 Ohio Law. Abs. 282Scofield v. Gold (1924)
No. 325 829. NEGLIGENCE — Refusal t o instruct necessity of proof, that floor was covered) with water and soap, is pre-requisite to recovery for injury from falling on slippery floor, is erroneous.
2 Ohio Law. Abs. 282Harvard Heights Realty Co. v. Ford Realty Co. (1924)
2 Ohio Law. Abs. 282Crawford v. Mirman (1923)
2 Ohio Law. Abs. 283East Cleveland (City) v. Latimer (1924)
2 Ohio Law. Abs. 283Jones v. Girard (Vil.) (1923)
2 Ohio Law. Abs. 284Weeks v. Hersman (1924)
2 Ohio Law. Abs. 284Triester v. Stoner (1924)
2 Ohio Law. Abs. 285Knodle v. Sweeney (1924)
2 Ohio Law. Abs. 285Pratt v. Briant (1924)
2 Ohio Law. Abs. 285Massachusetts Bonding & Ins. v. Meder (1924)
2 Ohio Law. Abs. 292Industrial Commission v. Russell (1923)
2 Ohio Law. Abs. 292Rehr v. Trumbull Lumber Co. (1924)
2 Ohio Law. Abs. 292Industrial Commission v. Dice (1923)
2 Ohio Law. Abs. 293Ream v. State (1924)
2 Ohio Law. Abs. 293Oglesbee v. Miller (1924)
2 Ohio Law. Abs. 293Firestone Rubber & Tire Co. v. Davis (1924)
2 Ohio Law. Abs. 294Ferguson v. Crawford (1924)
2 Ohio Law. Abs. 295Balt. & Ohio Ry. v. Tustison (1924)
2 Ohio Law. Abs. 295Stark Electric Rd. Co. v. McFarland (1924)
2 Ohio Law. Abs. 295Bardons v. Bardons (1924)
No. 345 413. DIVORCE AND ALIMONY — Decree ordering husband to quit claim inchoate dower in wife’s property held erroneous.
2 Ohio Law. Abs. 296Mayfield Builders' Supply Co. v. Johnson (1924)
2 Ohio Law. Abs. 296Osic v. State (1924)
2 Ohio Law. Abs. 297Botzum Bros. Co. v. Ohio State Bank & Trust Co. (1924)
2 Ohio Law. Abs. 297Cuyahoga Lumber Co. v. Haber (1924)
No. 349 •755. MECHANICS’ LIEN — Compliance with 8312 GC. held prerequisite to perfecting lien — Substantial compliance with mechanics’ lien law perfects lien — One furnishing fixtures under contract and also attaching same is a contractor rather than material man.
2 Ohio Law. Abs. 298Halle Bros. Co. v. Ralls (1924)
2 Ohio Law. Abs. 298Ralls v. Halle Bros. Co. (1924)
No. 352 629. NEGLIGENCE — Jury is properly instructed on contributory negligence raised as issue by evidence as well as when especially pleaded. Chittenden, Kinkade and Richards, JJ., sitting
2 Ohio Law. Abs. 298State v. McCune (1924)
2 Ohio Law. Abs. 299Soringer v. Bulen (1923)
No. 354 1012. REFORMATION OF INSTRUMENT —In equity, a contract will be reformed to express true intent of the parties ■ where it is evident that the parties did not include certain real estate in agreement.
2 Ohio Law. Abs. 299Bukontz v. Moskowitz (1924)
No. 355 1037. RESTRAINT OF TRADE — Contract not to engage in the laundry business in Cleveland for five years is enforcible — Plaintiffs as stockholders of corporation formed to conduct business not incapacitated to maintain injunction.
2 Ohio Law. Abs. 299McCarthy v. Lingham (1924)
2 Ohio Law. Abs. 300Sater v. Y. M. C. A. (1924)
2 Ohio Law. Abs. 301Schacht Motor Truck Co. v. C. C. C. & St. L. Ry. Co. (1924)
2 Ohio Law. Abs. 308Symons v. Eichelberger (1924)
2 Ohio Law. Abs. 308Parker Alliance Co. v. Co-Operative Machinery Co. (1924)
Error to the Court of Appeals of Cuyahoga county.
2 Ohio Law. Abs. 308Southern Ohio Power Co. v. Public Utilities Commission (1924)
Error to the Public Utilities Commission
2 Ohio Law. Abs. 309Carl Construction Co. v. Hubley (1924)
2 Ohio Law. Abs. 309Koller v. Abrams (1924)
2 Ohio Law. Abs. 310State ex rel. Dayton (City) v. Niehaus (1924)
No. 370 516. FEES AND COSTS — City buildirfg inspector no right to charge, under city ordinaince, fee for approving school building plans.
2 Ohio Law. Abs. 310Williams v. Christopher (1924)
No. 368 485. EXECUTORS AND ADMINISTRATORS — Chargeable with proceeds of real estate sold within limitation of year in Pennsylvania as devisee under the will.
2 Ohio Law. Abs. 310Helmuth v. Hessler (1924)
No. 369 313. CORPORATIONS — -Directors knowing corporation -insolvent-, held liable to purchaser of stock represented sold to erect' new plant.
2 Ohio Law. Abs. 311McGuckin v. Anderson (1924)
2 Ohio Law. Abs. 311Wright v. Realty Underwriting Co. (1924)
No. 373 559. FRAUDULENT REPRESENTATIONS — Violation of promise of future conduct not sufficient to rescind contract.
2 Ohio Law. Abs. 311So. Ohio Sav. & Tr. Co. v. Taxis (1923)
2 Ohio Law. Abs. 312American Finance Co. v. Bender (1924)
2 Ohio Law. Abs. 312Pfaff v. Pease (1923)
No. 374 677. JUDGMENTS AND DECISIONS— Court may suspend judgment without vacating it pending hearing of motion to vacate.
2 Ohio Law. Abs. 313Firestone Tire & Rubber Co. v. Davis (1924)
2 Ohio Law. Abs. 324State v. Hines (1924)
2 Ohio Law. Abs. 324McLoughlin v. Ruble (1924)
No. 279 941. PRACTICE — Judgment upon the pleadings — If issues made.
2 Ohio Law. Abs. 324Northwest Boulevard Co. v. Cain (1923)
2 Ohio Law. Abs. 325Respass v. Oden (1923)
2 Ohio Law. Abs. 325State v. Hooley (1924)
2 Ohio Law. Abs. 326Krauss v. Brown (1924)
No. 283 182. BROKERS — Real estate commission allowed by jury affirmed.
2 Ohio Law. Abs. 326Pennsylvania R. R. v. Elliott (1923)
No. 284 225. CHARGE TO JURY — Refusal to give request to charge eliminating theory of plaintiff as to manner of causing injury held not ,erroneous. — Empanelling incompetent jurors held not subject of error, unless shown in record. 114. ATTORNEY AND CLIENT — While it is clearly reversible error for an attorney retained by one party to change si'des and appear for adverse party at trial, reviewing court neither considers it improper nor its duty to reverse in absence of exception in record.
2 Ohio Law. Abs. 327Adams Express Co. v. Western Ohio Creamery Co. (1924)
2 Ohio Law. Abs. 327Florescu v. Muresan (1923)
2 Ohio Law. Abs. 328Columbus, Del. & Marion Elec. Co. v. Early (1924)
2 Ohio Law. Abs. 328Lundquist v. Higbee Co. (1923)
No. 288 489. EXEMPTIONS — Right to claim exemptions may be lost by laches.
2 Ohio Law. Abs. 328Kazenas v. Wisniauskas (1923)
2 Ohio Law. Abs. 329Cain v. Lane (1924)
2 Ohio Law. Abs. 329Schmolzer v. Columbus (City) (1924)
2 Ohio Law. Abs. 329Ruble v. McLoughlin (1924)
No. 290 7.15. LIBEL AND SLANDER-^Words not actionable unless special damages alleged.
2 Ohio Law. Abs. 329Citizens Savings Bank Co. v. Highway Construction Co. (1924)
2 Ohio Law. Abs. 330Miller v. Scott (1924)
2 Ohio Law. Abs. 330McMillian v. Elyria Hospital Co. (1924)
2 Ohio Law. Abs. 331Schramm v. Kinsner (1924)
2 Ohio Law. Abs. 331Hooley v. State (1924)
2 Ohio Law. Abs. 331P. C. C. & St. L. R. R. v. Davis (1923)
2 Ohio Law. Abs. 340State ex rel. Hoel v. Goubeaux (1924)
2 Ohio Law. Abs. 340Richards v. State (1924)
2 Ohio Law. Abs. 340State ex rel. Crabbe v. Massillon Saving & Loan Co. (1924)
2 Ohio Law. Abs. 340Bayless v. Baird (1924)
2 Ohio Law. Abs. 341State ex rel. Retirement Board of the State Teachers' Retirement System v. Kurtz (1924)
2 Ohio Law. Abs. 341Altamont Orchard Co. v. Miller (1924)
2 Ohio Law. Abs. 341Board of County Commissioners v. Gibson (1924)
2 Ohio Law. Abs. 342Reeder v. Oestricher (1924)
2 Ohio Law. Abs. 342Frederick v. Akron (City (1924)
2 Ohio Law. Abs. 343Moran v. Smeltzer (1924)
2 Ohio Law. Abs. 343Shields v. Cleveland Railway Co. (1924)
No. 311 829. NEGLIGENCE — Instruction upon contributory negligence in absence of pleadings or evidence showing same is erroneous — If proper court should indicate who has burden of truth. Middleton, P. J., Sayre and Mauck, JJ., Sitting
2 Ohio Law. Abs. 343Jezerniac v. Dunn (1924)
2 Ohio Law. Abs. 344State v. Wright (1924)
2 Ohio Law. Abs. 344Fidelity & Casualty Co. v. Warren-Allen Carpet Co. (1924)
2 Ohio Law. Abs. 345Thompson v. Marble Cliff Quarries Co. (1924)
2 Ohio Law. Abs. 345Frank v. City Ice & Fuel Co. (1924)
2 Ohio Law. Abs. 346Int. Stereo. & Electrotypers Union v. Meyer (1923)
No. 318 639. INJUNCTION — Petition to enjoin violation of expired contract is dismissed as moot question.
2 Ohio Law. Abs. 346Zinser v. Dornette (1924)
2 Ohio Law. Abs. 349MacDaniel v. United States (1924)
2 Ohio Law. Abs. 354Roth v. United States (1923)
No. 327 939. POST OFFICE — Use of decoy letter to identify criminal employe justified — General statute as to stealing mail matter applicable to employes. 629. INDICTMENT AND INFORMATION —Indictment may be found pending preliminary examination. 291. CONSTITUTIONAL LAW — One arrested by federal oificers has no vested right to preliminary examination — Evidence of reason for mailing decoy letter held competent. 333. CRIMINAL LAW — Instructions! held not erroneous, as lessening the burden of proof resting on the prosecution — Instructions not reviewable, in the absence of exceptions, or requests to charge — Judge may express opinion on the merits — Appellate Court cannot weigh the evidence.
2 Ohio Law. Abs. 355Bank v. Surety Co. (1923)
2 Ohio Law. Abs. 357State ex rel. Stanton v. Callow (1924)
No. 330 865. OFFICE AND OFFICERS — Members of County Building Commission not public officers, and court without jurisdiction to oust them.
2 Ohio Law. Abs. 357City of Cleveland v. Legal News Publishing Co. (1924)
No. 331 4. ADVERTISING; — Newspaper publisher and authtorities not permitted to agree upon a greater than legal rate — Money so illegally paid may be recovered.
2 Ohio Law. Abs. 357In re Fenwick (1924)
Error to the Court of Appeals of Darke county.
2 Ohio Law. Abs. 358McGuire v. Manley (1924)
2 Ohio Law. Abs. 358Smith v. Davidson (1924)
2 Ohio Law. Abs. 360Schwartz v. Siegenthaler (1924)
2 Ohio Law. Abs. 360State ex rel. Little v. Selby (1924)
2 Ohio Law. Abs. 361Akron (City) v. Ley (1924)
2 Ohio Law. Abs. 361Biggs v. Kirkbride (1924)
No. 338 1271. WILLS — Words “to, be equally divided among them of their heirs” held words of limitation — Gift to a class defined — Where there is nothing in .will to indicate that testator intended to make a gift to a class, de-visees will take individually — Will construed in favor of heirs of brother of deceased.
2 Ohio Law. Abs. 362Sasfia v. Thoma (1924)
2 Ohio Law. Abs. 362Jones v. Skinner (1923)
2 Ohio Law. Abs. 363Hartley v. Whelan (1924)
2 Ohio Law. Abs. 363State v. Stringer (1924)
2 Ohio Law. Abs. 363Smith v. Davidson (1924)
2 Ohio Law. Abs. 363Heller v. Taylor (1924)
2 Ohio Law. Abs. 364White v. Clawson (1923)
2 Ohio Law. Abs. 364Vitti v. Pennsylvania Co. (1923)
2 Ohio Law. Abs. 365Gates v. Life Insurance Co. (1923)
2 Ohio Law. Abs. 365Yarian v. Daley (1923)
2 Ohio Law. Abs. 370Van Tress v. United States (1923)
2 Ohio Law. Abs. 373State ex rel. Christensen v. Larsen (1923)
In Quo Warranto.
2 Ohio Law. Abs. 374DeCamp v. Youngstown Municipal Ry. Co. (1923)
Error to the Court of Appeals of Mahoning county.
2 Ohio Law. Abs. 374Sponseller v. Sponseller (1923)
DIVORCE AND ALLIMONY — Court may approve an agreement adjusting — Consent decree not to be collaterally attacked — Husband estopped when.
2 Ohio Law. Abs. 374State ex rel. Merchants Fire Ins. Co. v. Conn (1923)
2 Ohio Law. Abs. 374Arnold v. Arnold (1923)
2 Ohio Law. Abs. 375Filliken v. Heddesheimer (1923)
ABORTION — Administrator of woman who died from may recover damages from performer of the wrongful act, although she consented thereto.
2 Ohio Law. Abs. 375Becker v. Fisher (1924)
2 Ohio Law. Abs. 375Graham v. Bergen (1924)
2 Ohio Law. Abs. 376Radovitz v. Shaker Heights (Village) (1924)
2 Ohio Law. Abs. 376Peck v. Pancoast (1924)
2 Ohio Law. Abs. 377National Fire Ins. Co. v. Boyojian (1924)
No. 354 647. INSURANCE — Verdict held not manifestly against weight of evidence — Where agent of company is acquainted with all the facts, company cannot complain of fraud— Insured under theft insurance policy held entitled to recover only value of automobile at time of theft.
2 Ohio Law. Abs. 377Hauschild v. Board of Ed. (1924)
2 Ohio Law. Abs. 378Waterhouse v. Star Rubber Co. (1924)
No. 356 923. PLEADINGS — Although plelading sets up conversion, it will be liberally construed as an action in contract if that is its general purport — Where petition does not set up knowledge of certain facts by opposite party, the latter cannot be held liable therefor — Pleadings — Where a petition admits that market price of goods is less than contract price, held no damage sustained by breach. 1063. SALES — Measure of damages in contract for sale of goods held to be the difference between contract and market price. 480. EVIDENCE — Failure of proof to sustain cross-petition held to exist under facts of case. 297. CONTRACTS — Repudiation held to exist under1 facts of case, under letters in evidence.
2 Ohio Law. Abs. 389Delassandro v. Industrial Commission (1924)
1283. WORKMEN’S COMPENSATION — Street cleaner assaulted While engaged as, by an ordinance violator, injury sustained is in course of employment.
2 Ohio Law. Abs. 389Sargent v. City of Cincinnati (1924)
2 Ohio Law. Abs. 389State ex rel. Watkins v. Donahey (1924)
2 Ohio Law. Abs. 390Fredrickson v. Nye (1924)
2 Ohio Law. Abs. 390Pennsylvania Co. v. West Penn Railways Co. (1924)
2 Ohio Law. Abs. 390Norris v. Jones (1924)
2 Ohio Law. Abs. 390Newbold v. Michael (1924)
2 Ohio Law. Abs. 390Board of Education v. Properties of the Akron Rural Cemetery (1924)
2 Ohio Law. Abs. 391United States Lloyds v. Katz (1924)
2 Ohio Law. Abs. 392Krauss v. Columbus (City) (1924)
2 Ohio Law. Abs. 392Grady v. State (1924)
2 Ohio Law. Abs. 392Weenik v. Horbally (1924)
2 Ohio Law. Abs. 393Dues v. Esser (1924)
2 Ohio Law. Abs. 394Bernard v. Hale (1924)
2 Ohio Law. Abs. 395In re Horlocker (1924)
2 Ohio Law. Abs. 395Sissler Realty Co. v. Papp (1924)
2 Ohio Law. Abs. 395Hirschkowitz v. Davis (1924)
2 Ohio Law. Abs. 396Davies & Davies Co. (1924)
2 Ohio Law. Abs. 396Mason v. Hayslett (1924)
2 Ohio Law. Abs. 396Millers National Ins. Co. v. Waligora (1924)
No. 370 677. JUDGMENT — Failure of attorney to notify client that case is set for trial, is not ground for vacation of judgment.
2 Ohio Law. Abs. 402Cohen v. United States (1923)
No. 371 332. CRIMINAL LAW — Failure to renew motion to direct verdict after offering evidence held waiver of original motion. 225. CHARGE TO JURY — Exception to charge on entrapment for incompleteness held unavailing.
2 Ohio Law. Abs. 403Laundry Mach. Co. v. Dean (1923)
2 Ohio Law. Abs. 403Mead v. Van Toy Co. (1924)
2 Ohio Law. Abs. 406Morris v. Mull (1924)
Error to the Court of Appeals of Summit county.
2 Ohio Law. Abs. 406Cassidy v. Ellerhorst (1924)
No. 375 635. INHERITANCE TAXES — Exemption of certain bonds of non-residentsi deposited in Ohio for safe keeping — Stocks in foreign corporations also.
2 Ohio Law. Abs. 406Conrad v. Lengel (1924)
No. 376 717. LICENSES. 1. Honorably discharged soldiers who are exempt from fee for license must comply with police regulations and obtain license before peddling. 2. Arrest of such, without warrant, and detention of one hour not unreasonable.
2 Ohio Law. Abs. 406Globe-Wernicke Co. v. Safe-Cabinet Co. (1924)
Error to the Court of Appeals of Hamilton County.
2 Ohio Law. Abs. 407Jamieson v. Davis (1924)
Error to the Court of Appeals of Cuyahoga county.
2 Ohio Law. Abs. 407Courtright v. Scrimger (1924)
Error to the Court of Appeals of Franklin county.
2 Ohio Law. Abs. 407Clark v. Clark (1924)
Error to the Court of Appeals of Cuyahoga county.
2 Ohio Law. Abs. 407State ex rel. City of Cleveland Heights v. Frazine (1924)
No. 380 165. BONDS — Provision requiring municipalities to offer them to Industrial Commission at par before marketing is unconstitutional,
2 Ohio Law. Abs. 407Hummer v. Persons (1924)
2 Ohio Law. Abs. 408Weekink v. Horbally (1924)
2 Ohio Law. Abs. 408Detroit, T. & I. Rd. v. Bauer (1924)
2 Ohio Law. Abs. 408Katz v. American Finance Co. (1924)
2 Ohio Law. Abs. 409Review Pub. Co. v. Westover (1924)
2 Ohio Law. Abs. 409Koblitz v. Puscak (1924)
2 Ohio Law. Abs. 409Maher v. Collection Co. (1924)
No. 384 147. BILLS AND NOTES — A party to a fraud who subsequently gains possession of a negotiable instrument obtained through fraud, cannot claim that it is entitle to the rights of a holder in due course.
2 Ohio Law. Abs. 410George v. Johnson Candy Co. (1924)
2 Ohio Law. Abs. 411Zangerle v. Nat. Malleable Castings Co. (1924)
2 Ohio Law. Abs. 411Licker v. State (1924)
2 Ohio Law. Abs. 412Persons v. Bank of Knobel (1924)
2 Ohio Law. Abs. 412Bryant Heater Co. v. Kidd (1924)
2 Ohio Law. Abs. 412State v. Ford Motor Co. (1924)
2 Ohio Law. Abs. 413Armentrout v. Can-Bit Coal Co. (1924)
2 Ohio Law. Abs. 413Union Sav. Bank & Trust Co. v. American Express Co. (1924)
2 Ohio Law. Abs. 418Davis v. Akron Feed & M. Co. (1924)
2 Ohio Law. Abs. 419Hemholz v. Horst (1924)
2 Ohio Law. Abs. 419United States v. Skilken (1923)
2 Ohio Law. Abs. 422Mattucci v. Sutliff (1924)
2 Ohio Law. Abs. 423State v. Lanser (1924)
2 Ohio Law. Abs. 423Niehaus v. State ex rel. Board of Education (1924)
2 Ohio Law. Abs. 423Lindsey v. Public Utilities Commission (1924)
2 Ohio Law. Abs. 424State ex rel. Lease v. Turner (1924)
2 Ohio Law. Abs. 424Kantounis v. Plakas (1924)
2 Ohio Law. Abs. 424Queen Insurance Co. v. Ord (1924)
2 Ohio Law. Abs. 425Sidney Hill System Co. v. Kann (1924)
2 Ohio Law. Abs. 425First Nat. Bank v. Union Trust Co. (1924)
No. 406 1271— WILLS — Intention of testator held to vest estate in children immediately where trust cannot be executed — Trust estate held destroyeid where widow elects to take under the common law and not under will.
2 Ohio Law. Abs. 426Schiffer v. Gordon Co. (1924)
2 Ohio Law. Abs. 426Summers v. State (1924)
2 Ohio Law. Abs. 426Scioto Val. Ry. & Power Co. v. Dague (1924)
2 Ohio Law. Abs. 427Penn. R. v. Robinson (1924)
2 Ohio Law. Abs. 427Peer v. Edick (1924)
2 Ohio Law. Abs. 428State v. Munic. Sav. & L. Co. (1924)
2 Ohio Law. Abs. 428Postal Tel. & Cable Co. v. Friedlander (1924)
2 Ohio Law. Abs. 429Goforth v. Penn. Rd. (1924)
No. 414 829. NEGLIGENCE — Under Employers’ Liability Act contributory negligence only diminishes recovery — Appointment of damages where both parties are at fault — Under act employe assumes the ordinary risks of his employment — The backing of a train at high speed, without a signal or lookout held not an ordinary risk.
2 Ohio Law. Abs. 434Bi-Products Recov. Co. v. Mabee (1923)
2 Ohio Law. Abs. 438DeGroodt v. Skrbina (1924)
2 Ohio Law. Abs. 438Marfield v. C. D. & T. Traction Co. (1924)
2 Ohio Law. Abs. 439Great American Mutual Indemnity Co. v. Jones (1924)
2 Ohio Law. Abs. 439Hecker v. State ex rel. City of Cleveland (1924)
2 Ohio Law. Abs. 439Floyd v. Manufacturers Light & Heat Co. (1924)
2 Ohio Law. Abs. 440Knott v. Moore-Lamb Construction Co. (1924)
2 Ohio Law. Abs. 440Tax Commission v. National Malleable Castings Co. (1924)
2 Ohio Law. Abs. 440State v. Crabbe (1924)
2 Ohio Law. Abs. 441Brockman v. State (1924)
2 Ohio Law. Abs. 441Demarco v. Pappas (1924)
2 Ohio Law. Abs. 442Md. Motor Car Ins. v. Meister (1924)
2 Ohio Law. Abs. 443Demarco v. Pappas (1924)
2 Ohio Law. Abs. 443Harmon v. Pillo (1924)
2 Ohio Law. Abs. 443Md. Motor Car Ins. v. Meister (1924)
2 Ohio Law. Abs. 444National Fire Ins. Co. v. Frees (1923)
2 Ohio Law. Abs. 444Kuhn v. Continental Assurance Co. (1922)
2 Ohio Law. Abs. 444Brodie v. Int. Union (1924)
No. 434 700. LABOR UNION — Mandatory order compelling union to issue to member in good standing a transfer card.
2 Ohio Law. Abs. 445State v. Wolfert (1924)
2 Ohio Law. Abs. 445State v. Ohio Pub. Service Co. (1924)
No. 436 985. QUO WARRANTO — Reply by relator may allege a forfeiture without constituting a departure from the petition drawn in the short form.
2 Ohio Law. Abs. 450Cleve. & West. Coal Co. v. Main Island Coal Co. (1924)
465. ERROR — 1. Assignment that verdict is against weight of evidence cannot be considered by appellate court. 2. Motion for directed verdict exception and assignment of error necessary to raise question of insufficiency of evidence. 3. Denial of new trial for insufficiency of evidence reviewable not for mere error but only for abuse of discretion. 4. Omission to instruct in particular matter reviewable only when called to attention of trial court by a request to charge or an exception. 903. PAYMENT — Voluntary payment not recoverable as a set off in a subsequent action between -same parties. 951. PRINCIPAL AND AGENT — Testimony of principal corroborating agent as to instructions to agent held competent.----— 480. EVIDENCE — Exclusion of evidence not considered, in absence of offer indicating nature of evidence excluded.
2 Ohio Law. Abs. 451Ambler Realty Co. v. Euclid (Vil.) (1924)
2 Ohio Law. Abs. 454Acme Lumber Co. v. Hallowell (1924)
2 Ohio Law. Abs. 454State ex rel. Behm v. Wolfert (1924)
2 Ohio Law. Abs. 455Tax Com. v. Nat. Mal. Cast. Co. (1924)
2 Ohio Law. Abs. 456In re Cabot (1921)
No. 438 489, EXEMPTIONS — Debitor’s exemption not withheld because bankrupt concealed assets.
2 Ohio Law. Abs. 457Baer v. Kundtz Co. (1924)
2 Ohio Law. Abs. 457Katulich v. Shaffer (1923)
2 Ohio Law. Abs. 458Commercial Credit Co. v. Jones (1924)
No. 441 — 229 CHATTEL MORTGAGES — 1. Recording of chattel mortgage Wold constructive notice. 2. As assignee of a chattel mortgage takes same right as mortgagee. 3 Purchaser of chattel mortgaged goods held to take property subject to mortgage.
2 Ohio Law. Abs. 458Osborn v. Leach (1924)
2 Ohio Law. Abs. 459Dourm v. Caledonian Insurance (1924)
2 Ohio Law. Abs. 459Industrial Commission v. McNelley (1924)
2 Ohio Law. Abs. 460Seidl v. Carr (1924)
2 Ohio Law. Abs. 460Zamost v. Zamost Realty Co. (1924)
No. 446 1027. RES ADJUDICATA — One who has obtained judgment against property alleging ' the ownership to be in another cannot later claime the property as her own.
2 Ohio Law. Abs. 460Berry v. Polish White Eagle Bldg. Co. (1924)
No. 447 355. DAMAGES — Damages for defective flooring in construction of a building is question of fact for the jury. 297. CONTRACTS — Liability under building contract for cost of heating system based on construction of contract is question of law.
2 Ohio Law. Abs. 461Gendler v. Cleveland Ry. (1924)
No. 448 1245. VERDICT — Special verdict should not be submitted in narrative form where there are several alternative issues but each as a separate question.
2 Ohio Law. Abs. 467Emmich v. United States (1924)
2 Ohio Law. Abs. 467Silver Co. v. Fed. Trade Com. (1923)
2 Ohio Law. Abs. 467In re Wells (1924)
2 Ohio Law. Abs. 469Weirton Steel Co. v. First Nat. Bnk. (1924)
2 Ohio Law. Abs. 469Neffle v. Cleve., San. Brew. Co. (1924)
2 Ohio Law. Abs. 469State v. Weed (1924)
2 Ohio Law. Abs. 470Hatcher v. National Coal Co. (1924)
2 Ohio Law. Abs. 471Smallwood v. Smallwood Stone Co. (1924)
2 Ohio Law. Abs. 471State ex rel. Scholder v. Scholder (1924)
2 Ohio Law. Abs. 471Bailey v. Whitmore (1923)
2 Ohio Law. Abs. 472Getz v. Wilkins-Leonard Co. (1924)
2 Ohio Law. Abs. 472Masters v. Board of Education (1924)
2 Ohio Law. Abs. 472Laws Const. Co. v. Szabadsag Ptg. & Pub. Co. (1924)
No. 459 297. CONTRACTS — Verdict held not manifestly against weight of evidence.
2 Ohio Law. Abs. 473Young v. Snow (1923)
2 Ohio Law. Abs. 473Coblenz v. Saville (1924)
2 Ohio Law. Abs. 473Katz v. U. S. Lloyds (1924)
No. 460 647. INSURANCE — Insurance company liable in case of theft of car by a casual employe.
2 Ohio Law. Abs. 474State v. Peters (1924)
2 Ohio Law. Abs. 475Heuer v. Huwe (1924)
2 Ohio Law. Abs. 475Schacht Motor Tr. Co. v. Cleveland C. C. & St. L. Ry. (1924)
2 Ohio Law. Abs. 475Marsch v. Cincinnati (City) (1924)
2 Ohio Law. Abs. 484Seibert v. Seibert (1924)
2 Ohio Law. Abs. 484Senkfor v. Shambacher (1924)
On motion to direct Cuyahoga Appeals to certify record.
2 Ohio Law. Abs. 485Ruch v. State (1924)
2 Ohio Law. Abs. 485Howell v. Hartwell (1924)
2 Ohio Law. Abs. 486Burkhart v. Wayne Coal Co. (1924)
2 Ohio Law. Abs. 486McGugin v. Rees (1924)
2 Ohio Law. Abs. 486Levy v. Levy Overall Mfg. Co. (1924)
2 Ohio Law. Abs. 487Wertheimer v. Last (1924)
2 Ohio Law. Abs. 488Neurad v. Wertheimer (1924)
2 Ohio Law. Abs. 488Miller v. State (1924)
No. 483 333. CRIMINAL LAW AND PRACTICE— An affiidavit charging a person with the commission of an offense need not be made by one having personal knowledge of the facts.
2 Ohio Law. Abs. 489Howle v. Fry (1924)
2 Ohio Law. Abs. 489Halbman v. State (1924)
2 Ohio Law. Abs. 489Dietz v. Miller (1924)
2 Ohio Law. Abs. 490Eyman v. Meuller (1924)
No. 488 1283. WORKMAN’S COMPENSATION— 1. Sec. 12993 GC. prohibits employment of male children under 15 years. 2. Sec. 1465.-61 GC. excludes a contract entered into in violation of this positive prohibition. 3. Acceptance of compensation is no defense to action for injuries sustained by such minors.
2 Ohio Law. Abs. 490Rosenkrantz v. West (1923)
2 Ohio Law. Abs. 490Heacock v. Byers (1924)
2 Ohio Law. Abs. 499State v. Hahn Construction Co. (1924)
2 Ohio Law. Abs. 499Blosser v. Enderlin (1924)
2 Ohio Law. Abs. 500Penna. Rd. v. Donovan (1924)
No. 492 1113. STREETS — Right to use depot driveway for taxicab stand.
2 Ohio Law. Abs. 500Baer v. State (1924)
Motion to certify sustained July 1, 1924, 2 Abs. 453, and case will be heard in the Supreme Court; same holding in seven other cases involving same contention. See page-, this Abstract, for Appeals Case.
2 Ohio Law. Abs. 500Flowers v. Jakab Co. (1924)
2 Ohio Law. Abs. 501Davies v. Rose & Johnson Co. (1924)
2 Ohio Law. Abs. 501Fiderius v. Buchan Co. (1924)
2 Ohio Law. Abs. 502Dittrick v. Baer (1924)
2 Ohio Law. Abs. 502State ex rel. Garwood v. Webster (1924)
2 Ohio Law. Abs. 503Stanton v. Levine (1923)
2 Ohio Law. Abs. 503Sautora v. Callan (1924)
2 Ohio Law. Abs. 503Baer v. State (1924)
2 Ohio Law. Abs. 515Kingrey v. N. Y. C. & St. L. Ry. Co. (1924)
2 Ohio Law. Abs. 515Balt. & O. R. R. Co. v. Hooven (1924)
No. 504 751. MASTER AND SERVANT — Duty imposed by Safety Appliance Act is absolute and unqualified both to install safety appliances and to maintain them. 250. COMMERCE — Safety Appliance Act held inapplicable to locomotive temporarily withdrawn from service and undergoing minor repairs in roundhouse.
2 Ohio Law. Abs. 516Dayton (City) v. Pub. Util. Com. (1924)
2 Ohio Law. Abs. 516Ohio Casualty Ins. v. Long (1924)
No. 505 TAXATION» — Is a reinsurance fund, a “debt” to be deducted from “credits.”
2 Ohio Law. Abs. 517Herbig v. St. Bernard (City) (1924)
2 Ohio Law. Abs. 517Chas. Stemen v. Van Wert Nat. Bank (1924)
2 Ohio Law. Abs. 517Klotz v. Vistor Plumbing Co. (1924)
2 Ohio Law. Abs. 517Gaskins v. Hamilton Co. (1924)
2 Ohio Law. Abs. 518Zuch v. State (1924)
No. 511 599. INDICTMENT — 1. The words “a true bill” may be printed on indictment if foreman signs under the same. 2. A blank space between different portions of the indictment does not render the indictment faulty. 3. Where the word “aforesaid” is used in an indictment the venue is sufficiently laid if the beginning of the indictment states the county and place of the offense. 4. Indicement held sufficiently certain. 203. CONTEMPT — Where no objection to manner in which person is brought before court in contempt proceedings and party submits to jurisdiction of court, he thereby waives all irregularities.
2 Ohio Law. Abs. 518Irwin v. Tol., Fost. & Fin. Ry. Co. (1924)
2 Ohio Law. Abs. 518Ham v. Wheeler (1924)
2 Ohio Law. Abs. 519Kloss v. Martinuk (1924)
2 Ohio Law. Abs. 520Knapp v. Schwartz (1924)
2 Ohio Law. Abs. 520Gilchrist v. Taylor Co. (1924)
2 Ohio Law. Abs. 521Kenton v. H. A. Stahl Co. (1924)
No. 516 1245. VERDICT — Verdict held not manifestly against weight of evidence under facts in instant case.
2 Ohio Law. Abs. 521Schwenger-Klein Co. v. Wiliman (1923)
No. 517 118. AUTOMOBILES — A violation of the state law as to speed on highways, going at a speed greater than that specified in the statute, is only presumptive evidence of negli-dence and not negligence per se. Patterson, Houck and Shields, JJ.
2 Ohio Law. Abs. 521Moss v. Lebowitz (1924)
No. 515 755. MECHANIC’S LIENS — Owner of premises cannot waive statutory requirements to affect rights of other lien claimants.
2 Ohio Law. Abs. 522Cleveland-Akron Bus Co. v. Dombrosky (1924)
2 Ohio Law. Abs. 523Galati v. Sabbatino (1924)
2 Ohio Law. Abs. 523Gates v. Boyd (1924)
No. 519 1063. SALES — 1. Oral conversations held admissible to explain written agreement — 2. Where buyer gives seller reasonable notice of breach of warranty and seller fails to remedy situation, buyer may return goods.
2 Ohio Law. Abs. 524Sefton v. Premier Service Co. (1924)
2 Ohio Law. Abs. 524Alcorn v. Cinci. Traction Co. (1924)
2 Ohio Law. Abs. 524State v. Lutz (1924)
2 Ohio Law. Abs. 525Pritz v. Messer (1924)
2 Ohio Law. Abs. 530Wellman v. United States (1924)
No. 525 658. FORGERY — 1. Emiployer who originated scheme for forging bills of lading and knew employe was issuing same could be convicted without further proof of knowledge, ing. ‘ 2. Employer who aided in issuing forged 333. CRIMINAL LAW — 1. Jury may disregard testimony where it believes witness has wilfully testified falsely as to other facts. 2. Court of Appeals will not weigh evidence. 3. Evidence of prior transactions held admissible to prove criminal knowledge and intent in prosecution for forgery.
2 Ohio Law. Abs. 532Irwin v. Toledo F. & F. Ry. Co. (1924)
2 Ohio Law. Abs. 532Armleder Co. v. Biederman (1924)
2 Ohio Law. Abs. 533Butterick Pub. Co. v. Smith (1924)
2 Ohio Law. Abs. 533Beck v. Bingham (1924)
On motion by Beck to require Hamilton Common Pleas to certify record.
2 Ohio Law. Abs. 534Glasgo v. Paxton (1923)
2 Ohio Law. Abs. 534Gordon v. Dorn (1924)
2 Ohio Law. Abs. 535Alexander v. Knopp (1924)
2 Ohio Law. Abs. 535Ross v. State (1924)
No. 532 Published Only in Ohio Law Abstract 333. CRIMINAL LAW — 1. There is no prejudicial error in charging a jury in a first degree murder that the jury must find the defendant struck the blow for the purpose of causing death. 2. It is not reversable error to charge “the fact that he used this bat and struck this man over the head, malice would be inferred from that.” Although a mistaken statement of the rule>.
2 Ohio Law. Abs. 535Russell v. Brady (1924)
2 Ohio Law. Abs. 536Stambaugh-Thompson Co. v. Kish (1924)
No. 536 951. PRINCIPAL AND AGENT — A demonstrator 'iff ffónt of a store for the purpose of advertising a line of fishing tackle sold in the store will not be presumed to be the agent of the store.
2 Ohio Law. Abs. 536Kahn Bros. Co. (1924)
2 Ohio Law. Abs. 537Noel v. Thompson (1924)
2 Ohio Law. Abs. 537Lenart v. Cochran (1924)
2 Ohio Law. Abs. 538Greene v. Louisville & N. Ry. (1924)
2 Ohio Law. Abs. 538Willard Candy Co. v. Jones (1924)
2 Ohio Law. Abs. 539Rose Bros. v. Star Emp. Bureau (1924)
2 Ohio Law. Abs. 539State v. Lutsch (1924)
2 Ohio Law. Abs. 539Vangerovsky v. Zeter (1924)
No. 542 297. CONTRACTS — Purchaser of real estate not compelled to accept deed and warranty, from an undisclosed principal.
2 Ohio Law. Abs. 539Logan Co. Coal v. Matthew Addy Co. (1924)
No. 541 923. PLEADING — Pleaded conclusions of. mixed law and fact submitted for purpose of demurred only — Demurrer overruled without prejudice.
2 Ohio Law. Abs. 548Hallowell v. Acme Lumber Co. (1924)
2 Ohio Law. Abs. 548Valley City Mortg. & Loan Co. v. Nelson (1924)
No. 546 No. 18526 — Same plaintiff v. Ringelspaugh, an identical case; same decision. 997. DEEDS — Does failure of recorder to enter a conveyance in proper record, affect the title conveyed thereby? For Court of Appeals decision, see this paper, page 554, where facts in this case are fully reported.
2 Ohio Law. Abs. 549J. T. Tractor Co. v. Mifflin Tp. Trustees (1924)
2 Ohio Law. Abs. 549Conkling v. State (1924)
2 Ohio Law. Abs. 550Zampliner v. Rowlands (1924)
2 Ohio Law. Abs. 550Reeves v. State (1924)
2 Ohio Law. Abs. 551Graboski v. Nowakowski (1924)
2 Ohio Law. Abs. 551Englander Motor Co. v. Zimmerman (1924)
2 Ohio Law. Abs. 551Tufts v. Borror (1924)
2 Ohio Law. Abs. 552Osowski v. Barski (1924)
2 Ohio Law. Abs. 552Dawson v. East Ohio Gas Co. (1924)
2 Ohio Law. Abs. 553State v. Boulay (1924)
2 Ohio Law. Abs. 554Valley City Mortg. & Loan Co. v. Nelson (1924)
2 Ohio Law. Abs. 556Dayton (City) v. Allen (1924)
2 Ohio Law. Abs. 562Bonomini v. Bussman (1924)
2 Ohio Law. Abs. 562Cronin v. Green (1924)
2 Ohio Law. Abs. 563Horton v. Norfolk & W. Ry. Co. (1924)
2 Ohio Law. Abs. 563Tolliver v. State (1924)
2 Ohio Law. Abs. 564Industrial Com. v. Burckard (1924)
No. 568 1283. WORKMEN’S COMPENSATION— Whether inhalation of aniline fum.es accelerating death by tubzerculosis is compensatable.
2 Ohio Law. Abs. 565Hissem v. Guran (1924)
2 Ohio Law. Abs. 565Foster v. Underwood (1924)
2 Ohio Law. Abs. 565Pearson v. Goodrich (1924)
2 Ohio Law. Abs. 566Mulcahy v. Akron (City) (1924)
No. 574 639. -INJUNCTION — Tax-payer may maintain an action for injunction where his rights are affected. 2. Motive of. tax-payer in bringing suit held immaterial. 297. CONTRACTS — Contract for public building held proper under facts of case.
2 Ohio Law. Abs. 566Gorodensky v. State (1924)
No. 572 230. CHILDREN — Meaning of term “Incorrigible child. 2. Where therei is no evidence that a child refused to return at parent’s request or to obey, cannot be said that the child is incorrigible.
2 Ohio Law. Abs. 566Davis v. Morlock (1924)
2 Ohio Law. Abs. 567East Ohio Gas Co. v. O'Hara (1924)
2 Ohio Law. Abs. 567Toledo Ry. v. Stryker (Vil.) (1924)
2 Ohio Law. Abs. 568Weiss v. U. S. Fidelity & Guar. Co. (1924)
2 Ohio Law. Abs. 568Passoni v. Battisti (1923)
2 Ohio Law. Abs. 569Sisti v. State (1924)
No. 579 1273. WITNESSES — 1. Where one witness talks to another after separation is ordered, this is not sufficient to bar his testimony from case. 225. CHARGE TO JURY — As the court sufficiently covered the special charges in his g neral charge no erorr was committed in refusing special charge. 1245- VERDICT — Held not manifestly against weight of evidence.
2 Ohio Law. Abs. 570Dykes v. Industrial Com. (1924)
2 Ohio Law. Abs. 571Industrial Com. v. Rudisall (1924)
2 Ohio Law. Abs. 578Fisher Body Ohio Co. v. Smolinsky (1923)
2 Ohio Law. Abs. 579State ex rel. Little v. Carter (1924)
2 Ohio Law. Abs. 579Jeremy v. Tanke (1924)
2 Ohio Law. Abs. 580Julia Baer Co. v. Shenker (1924)
2 Ohio Law. Abs. 580State v. Kumpf (1924)
2 Ohio Law. Abs. 581Nat'l Discount Corp. v. State (1924)
2 Ohio Law. Abs. 581Burkett v. Stake (1924)
2 Ohio Law. Abs. 582Hutchinson v. Malone (1924)
2 Ohio Law. Abs. 582Columbiana Co. v. Rinehart (1923)
2 Ohio Law. Abs. 583Bowman v. Rapid Transit Land Co. (1924)
2 Ohio Law. Abs. 583Lentz v. Lentz (1924)
2 Ohio Law. Abs. 584Sloan Co. v. Belenky (1924)
2 Ohio Law. Abs. 584Am. Agri. Chemical Co. v. Legan (1924)
2 Ohio Law. Abs. 585Wolpa v. Hambly (1923)
2 Ohio Law. Abs. 585Advasco v. Scali (1924)
No. 598 755. MECHANIC’S LIEN — Mechanic’s lien dates back to time work was begun. 1230. VENDOR’S LIEN — A vendor’s lien does not exist where vendor receives payment at time title is conveyed. 1195 — TRIALS—Jury trial held waived under facts of case.
2 Ohio Law. Abs. 586Benham v. Stanton (1924)
2 Ohio Law. Abs. 586Kinsey Co. v. Hall (1914)
2 Ohio Law. Abs. 587Miller v. Mining Co. (1914)
No. 603 1101. SPECIFIC PERFORMANCE — Will not be granted where description and1 amount of land is uncertain. But if contract provides that one party may determine the amount the court will, under such determination render a decree.
2 Ohio Law. Abs. 587Lehmann v. End. Fund. Ass'n (1923)
2 Ohio Law. Abs. 588McCormack v. Rosenkeimer (1924)
2 Ohio Law. Abs. 588Hamilton v. Stuart (1924)
2 Ohio Law. Abs. 589Alliance Insurance v. Porris (1924)
2 Ohio Law. Abs. 589Hennegan v. Nunner (1924)
No. 607 1002. RECEIVERS — Receiver will noit be appointed for a company, holding itself forth as a corporation^ merely because it has not complied with statutory requirements for forming a corporation.
2 Ohio Law. Abs. 590Brookville (Vil.) v. Logan Gas Co. (1924)
No. 608 973. PUBLIC UTILITIES COMMISSION— Orders of this body are reviewable only by the Supreme Court of Ohio. 639. INJUNCTIONS — A gas company will be restrained from turning off gas during pendency of action before supreme court.
2 Ohio Law. Abs. 594Herman v. Tepletz (1924)
2 Ohio Law. Abs. 594Oakley Lumber Co. v. Slone (1924)
2 Ohio Law. Abs. 595Olmsted Hotel Co. v. State (1924)
2 Ohio Law. Abs. 595Seibert v. Seibert (1924)
2 Ohio Law. Abs. 596Braden v. LaMotte (1924)
2 Ohio Law. Abs. 596Frankel v. Cleveland Bakeries Co. (1924)
No. 614 114. ATTORNEY AND CLIENT — 1. Compensation of corporation, held limited to service not part of official duties. 2. Services as corporate officer held not compensatable as attorney.
2 Ohio Law. Abs. 596Ford-McCaslin Co. v. Euclid Windsor Co. (1924)
2 Ohio Law. Abs. 597Lichtwadt v. Lichtwadt (1924)
2 Ohio Law. Abs. 597Lepene v. Kaplan (1924)
No. 617 639. INJUNCTIONS — Equitable relief from record of deed for alleged misrepresentation in obtaining same, denied.
2 Ohio Law. Abs. 598Akins v. Newman (1924)
No. 620 707. LEASES — 1. Parol evidence not admissible to vary terms of lease. 2. Lease not rendered void by fire that does not destroy portion leased.
2 Ohio Law. Abs. 598Neffle v. Cleve. & Sand. Brew. Co. (1924)
2 Ohio Law. Abs. 598McDonald v. Seidman (1924)
No. 618 679. JUDICIAL SALES — Confirmation of an order set aside where purchaser is misled as to outstanding indebtedness against property.
2 Ohio Law. Abs. 599Bolton v. Cleveland (City) (1924)
2 Ohio Law. Abs. 599Ladies' Cutters' Union v. Kassel-Gert Co. (1924)
2 Ohio Law. Abs. 600Cuyahoga Finnish Socialist Asso v. Goodman (1924)
No. 624 923. PLEADINGS — Failure to allege corporate capacity cannot be attacked by motion.
2 Ohio Law. Abs. 600Denly v. Wheeler (1924)
2 Ohio Law. Abs. 601McGinness v. McGinness (1924)
2 Ohio Law. Abs. 602Hallstead v. Kant-Skore Co. (1924)
2 Ohio Law. Abs. 612Devou v. Guethlein (1924)
2 Ohio Law. Abs. 612C. G. Blake Co. v. Hocking Val. Ry. Co. (1924)
2 Ohio Law. Abs. 612State v. Bowen (1924)
No. 629 661. INTOXICATING LIQUORS — Fees of Prohibition Inspectors.
2 Ohio Law. Abs. 613Taylor v. Hydell (1924)
2 Ohio Law. Abs. 614Hughes v. Cleve. Trucking Co. (1924)
No. 632 313. CORPORATIONS — 1. Powers other other than discretionary may be delegated by board of directors. 2. Acts of executive committee which involve discretionary action are void. 3. Directors must expressly confer all delegated powers. 4. The unauthorized acts of executive committee in giving note of corporation do not bind corporation.
2 Ohio Law. Abs. 614Rook v. Darling (1924)
2 Ohio Law. Abs. 615George v. George (1924)
2 Ohio Law. Abs. 615Hart v. Chenoweth (1924)
2 Ohio Law. Abs. 616Brett v. Drawe (1924)
No. 636 1008. REFERENCE AND REFEREES— Finding on reference in action for accounting, sustained if not found incorrect.
2 Ohio Law. Abs. 616Portage Market Co. v. George (1924)
2 Ohio Law. Abs. 617Hanke Bros. Co. v. Silver, Inc. (1923)
No. 638 677. JUDGMENT — Where default judgment was rendered the day after defendant filed a statement of defense, the case regularly stood for trial, and proceedings to vacate need not be commenced within the first three days of the succeeding term', as required by 11634 GC.
2 Ohio Law. Abs. 618Wiest v. Cincinnati (1924)
2 Ohio Law. Abs. 618Smith v. Pinkerton (1924)
2 Ohio Law. Abs. 619Cleveland Railway Co. v. Winslow (1924)
2 Ohio Law. Abs. 619Voelkel v. Cincinnati (1924)
2 Ohio Law. Abs. 620Johnson v. Bentel (1924)
2 Ohio Law. Abs. 620Pritz v. Messer (1924)
2 Ohio Law. Abs. 621Baltimore & O. R. Co. v. Kast (1924)
2 Ohio Law. Abs. 621White Rock Springs Co. v. Akron Beverage Co. (1924)
2 Ohio Law. Abs. 622Cresson v. Louisville Courier-Journal (1924)
2 Ohio Law. Abs. 628Norton v. Norton (1924)
2 Ohio Law. Abs. 628Columber v. City of Kenton (1924)
2 Ohio Law. Abs. 628Jones v. Village of Girard (1924)
2 Ohio Law. Abs. 628State ex rel. Meck v. Board of Deputy State Supervisors (1924)
2 Ohio Law. Abs. 629Jones v. Skinner (1924)
2 Ohio Law. Abs. 629Kneale v. Jennings (1924)
2 Ohio Law. Abs. 630Fulmer v. Kempton Coal Co. (1924)
2 Ohio Law. Abs. 630Behm v. Wolfert (1924)
2 Ohio Law. Abs. 630Lentz v. Lentz (1924)
2 Ohio Law. Abs. 631Darby v. Tiffany (1924)
2 Ohio Law. Abs. 632Cantillion v. State (1924)
2 Ohio Law. Abs. 632Ralston v. Ralson (1924)
2 Ohio Law. Abs. 632Kautz v. Akron Morris Plan Bank (1924)
2 Ohio Law. Abs. 633Schechtman v. Gt. Am. Ins. (1924)
2 Ohio Law. Abs. 633Newbegin v. Nat. Casualty Co. (1924)
No. 659 647. INSURANCE — Jury justified in holding that death of deceased wlas not covered by terms of policy.
2 Ohio Law. Abs. 633Spraley v. Watson (1924)
2 Ohio Law. Abs. 634Gt Lakes Coal Min. Co. v. Troll (1924)
2 Ohio Law. Abs. 635Lorain Post v. Lorain Chest (1924)
No. 664 1197. TRUSTS AND TRUSTEES — Petition to change a trust, failing to allege fraud or misconduct by trustee, that purpose of trust has terminated or (that trustee has failed to properly execute trust, is defective.
2 Ohio Law. Abs. 635Allen v. Island Creek Coal Co. (1923)
No. 663 703. LANDLORD AND TENANT — 1. Minor use of water front after surrender of lease held not to constitute a holding over. 2. Running mooring lines to barges after expiration of lease held not to constitute a holding over but a trespass. . 3. Misuse of right of way after expiration of lease held not to constitute a holding over under facts of case.
2 Ohio Law. Abs. 636Clev.-Akron Bag Co. v. Jaite (1924)
2 Ohio Law. Abs. 637Klonowski v. Adamowicz (1924)
2 Ohio Law. Abs. 637Klinebell v. Hilton (1924)
2 Ohio Law. Abs. 644Ohio Farmers Insurance Co. v. Todino (1924)
2 Ohio Law. Abs. 644Agin v. Neuhart (1924)
2 Ohio Law. Abs. 644Byesville (Vil.) v. Burt (1924)
2 Ohio Law. Abs. 645Smallwood Stone Co. v. Smallwood (1924)
2 Ohio Law. Abs. 645Chatfield v. State (1924)
2 Ohio Law. Abs. 645State v. Cincin. Trac. Co. (1924)
2 Ohio Law. Abs. 646Wrikesman v. Cleveland Provis. Co. (1924)
2 Ohio Law. Abs. 646Tod v. Struthers (City) (1924)
2 Ohio Law. Abs. 647Darby v. Tiffany (1924)
2 Ohio Law. Abs. 647Behm v. Wolfert (1924)
2 Ohio Law. Abs. 648Cincinnati Trac. Co. v. Masters (1923)
No. 679 1115. STREET RAILWAYS — 1. Verdict for driver of vehicle struck by traction car operating rapidly in fog sustained. 2. Special request that motorman operating car in fog required to stop in range of vision 683- JURY. 1. Misconduct of juror to be available must be raised in three-day period. 2. In civil action must be of such character as to evidence bad intention. 3. Misconduct of juror held insufficient to Warrant new trial when no objection was filed during trial.
2 Ohio Law. Abs. 648Parsons v. Weinstein (1924)
2 Ohio Law. Abs. 649East Cleveland (City) v. Cleveland Railway Co. (1924)
2 Ohio Law. Abs. 649Neurad v. Wertheimer (1924)
2 Ohio Law. Abs. 650Sirillo v. Sabolovich (1924)
2 Ohio Law. Abs. 650McClean v. Bradley (1924)
2 Ohio Law. Abs. 651Portage Rubber Co. v. Bates (1924)
No. 685 127. BANKRUPTCY — 1. Filing of involuntary petition equivalent to disablement to perform contract, and seller had option to treat contract as ended. 2. Damages to seller to be computed as of date of filing of involuntary petition, not as of date of adjudication. 3. Debt to be proved must be in existence at time of filing of petition.
2 Ohio Law. Abs. 659Mulcahy v. Akron (City) (1924)
2 Ohio Law. Abs. 659Davis v. Wyatt (1924)
2 Ohio Law. Abs. 660Pritz v. Messer (1924)
2 Ohio Law. Abs. 660Cassidy v. Ellerhorst (1924)
2 Ohio Law. Abs. 661Taylor v. Hartzell (1924)
No. 690 683. JURY — Juror not guilty of misconduct by conversing about liis wife to relative of party. 225. CHARGE TO JURY. Failure to define “accident” in automobile negligence case not prejudicial. 829. NEGLIGENCE. Error in court’s charge on contributory negligence not reversable when jury finds for plaintiff on that feature of case.
2 Ohio Law. Abs. 661Maxa v. Cleve. Un. Terminals Co. (1924)
2 Ohio Law. Abs. 662Ballard Sales Co. v. Stone (1924)
2 Ohio Law. Abs. 662Falkenstein v. Gaffney (1924)
2 Ohio Law. Abs. 663Pittsb. C. C. & St. L. Ry. Co. v. Kilpatrick (1924)
No. 693 1245. VERDICTS — $9,000.00 damages for death of wife in collision between automobile and cut of cars unlighted at railroad crossing not against evidence. 801. MUNICIPAL LAW — Ordinance requiring a cut of cars on. railroad crossing at night to carry light in front, held valid. 359. DEATH — Marriage of surviving spouse held not admissible to mitigate damages in action for death by wrongful act.
2 Ohio Law. Abs. 663Armstrong v. Smith (1923)
No. 694 1271. WILLS — Finding of jury that will was executed under undue influence of relatives of testatrix not reversed.
2 Ohio Law. Abs. 664Arnold v. Trauberman (1923)
2 Ohio Law. Abs. 664Hocking Valley Ry. Co. v. Whitaker (1924)
No. 696 453. EMPLOYERS’ LIABILITY ACT — 1. Employes assume risk of accidental injury under federal act. 2. Where there is no evidence of negligence on the part of fellow-servant, directed verdict held proper.
2 Ohio Law. Abs. 664Schwartz v. Swift & Co. (1924)
No. 697 1063. SALES — Acceptance of an offer to sell for a given price constitutes a binding contract.
2 Ohio Law. Abs. 665Kruszewski v. Kozlowski (1924)
2 Ohio Law. Abs. 665Akron (City) v. Renner Co. (1924)
2 Ohio Law. Abs. 665Ettinger v. Hanna Estates Co. (1924)
2 Ohio Law. Abs. 666Rockwell v. State (1924)
2 Ohio Law. Abs. 666Strachan v. Com. Rapid Transit Co. (1924)
2 Ohio Law. Abs. 667Ireton v. Lincoln Nat. Bank (1924)
No. 703 127. BANKRUPTCY — 1. Giving demand notes for amount of acceptances held not to show passing of title thereto. 2. Holder of notes may prove full amount against both maker and indorser.
2 Ohio Law. Abs. 667American Ry. Exp. Co. v. Island & Gypsum Fruit Co. (1924)
2 Ohio Law. Abs. 668General Mot. Corp. v. Bellevue Sav. Bank Co. (1924)
No. 705 126. BANKS AND BANKING — Certificate of deposit held not due until payment of loan to another. 465. ERROR — Acquiescence, when court interpreted joint motions for directed verdict as submission of facts to court, prevents complaint of such submission.
2 Ohio Law. Abs. 668Simmons v. United States (1924)
2 Ohio Law. Abs. 669Burkett v. Stake (1923)
2 Ohio Law. Abs. 676Schuholz v. Walker (1924)
2 Ohio Law. Abs. 676State ex rel. Kauffman v. Brown (1924)
2 Ohio Law. Abs. 676Hane v. Kintner (1924)
2 Ohio Law. Abs. 677Fostoria Elks' Home Co. v. Pelton (1924)
2 Ohio Law. Abs. 678Head v. State (1924)
No. 712 33. CRIMINAL LAW — An error in the court’s charge concerning a lesser degree of crime, is unimportant if a verdict of guilty is found upon a higher degree of crime.-----
2 Ohio Law. Abs. 678Senkfor v. Shambacher (1924)
2 Ohio Law. Abs. 678Neil v. Neil (1924)
2 Ohio Law. Abs. 679Federal Mort. Co. v. Lorain Holding Co. (1924)
2 Ohio Law. Abs. 679Youngstown Muni. Ry. v. Patterson (1924)
2 Ohio Law. Abs. 680State v. Ohio Pub. Serv. Co. (1924)
2 Ohio Law. Abs. 680Metrop. Securities Co. v. Wales (1923)
No. 717 225. CHARGE TO JURY — 1. Special request held properly refused Where matter contained therein was ruled out of court. 2. Special request as to makers’ statements regarding paying endorsers cash for note after endoresments held properly refused. 3. Party not entitled to special charge on matters not in issue. 4. No error held to exist in .general charge of court.
2 Ohio Law. Abs. 692Schwartz v. Siegenthaler (1924)
2 Ohio Law. Abs. 692Kerns v. Goodman (1924)
2 Ohio Law. Abs. 692Wilberforce University v. Green (1924)
2 Ohio Law. Abs. 693Stone v. Richards (1924)
No. 723 719. LIENS — Judgment creditors’ claims held not cut off by divorce decree. 677. JUDGMENTS — A judgment may be attacked by affirmative suit to remove liens, being a direct attack.
2 Ohio Law. Abs. 693Wheeler v. Bittner (1924)
2 Ohio Law. Abs. 694Davis v. Wyatt (1923)
2 Ohio Law. Abs. 694Forthofer v. Surman (1924)
No. 725 367. DEEDS. 1. Parol evidence admissible to show, consideration of a deed. 2. Proof of soch consideration need only be by greater weight of evidence.
2 Ohio Law. Abs. 695Kerns v. Goodman (1924)
2 Ohio Law. Abs. 695Shy v. State (1922)
No. 727 661. INTOXICATING LIQUORS. 1. Possession of property suitable for the manufacture of intoxicating liquor held not to raise presumption of use for illegal purpose. 2. Sale of component parts of still held illegal where seller knowingly offers them for illegal purposes.
2 Ohio Law. Abs. 695State v. Hauser (1924)
2 Ohio Law. Abs. 696Cassidy v. Ellerhorst (1924)
2 Ohio Law. Abs. 696Bernius v. Hamilton Co. (1924)
2 Ohio Law. Abs. 697I. T. S. Rubber Co. v. Tee Pee Rubber Co. (1924)
2 Ohio Law. Abs. 697Weaver v. Reichert (1924)
2 Ohio Law. Abs. 698B. & O. Ry. Co. v. Flechtner (1924)
2 Ohio Law. Abs. 707Western Un Tel. Co. v. Nixon (1924)
2 Ohio Law. Abs. 707Perry v. Magee (1924)
2 Ohio Law. Abs. 708Langshaw v. Stone (1924)
2 Ohio Law. Abs. 708Weaver v. Reichert (1924)
2 Ohio Law. Abs. 708Ex parte Daugherty (1924)
2 Ohio Law. Abs. 709Block v. Jung Arch Brace Co. (1924)
2 Ohio Law. Abs. 710Millersburg, W. & O. Tel. Co. v. Etling (1924)
2 Ohio Law. Abs. 710Bryant Heater Manuf. Co. v. Kidd (1924)
2 Ohio Law. Abs. 711Roberts v. Roberts (1924)
2 Ohio Law. Abs. 711Schuholz v. Walker (1923)
2 Ohio Law. Abs. 711Losh v. Brunk (1924)
2 Ohio Law. Abs. 712East Cleveland (City) v. Board of Education (1924)
2 Ohio Law. Abs. 712Ward v. Cleveland Ry. Co. (1924)
No. 746 829. NEGLIGENCE — Where street car company creates a situation of danger, by allowing a passenger to alight at a place not a regular stop, its duty is either to remove the dangerous situation or warn her of its existence.
2 Ohio Law. Abs. 713Western Un. Tel. Co. v. Nixon (1924)
2 Ohio Law. Abs. 713Schmitt v. Weiler (1924)
2 Ohio Law. Abs. 723Stewart v. Katulich (1924)
2 Ohio Law. Abs. 724Foltz Grocery & Baking Co. v. Brown (1924)
2 Ohio Law. Abs. 724Renten v. Stahl Co. (1924)
2 Ohio Law. Abs. 725Edwards v. McClellan (1924)
2 Ohio Law. Abs. 725C. C. C. & St. L. Ry. Co. v. McKenzie Lumber Co. (1924)
2 Ohio Law. Abs. 725Tennant Finance Corp. v. Davis (1924)
2 Ohio Law. Abs. 726Schwane v. Contris (1924)
2 Ohio Law. Abs. 726Aten v. Nevada Farmers Grain Co. (1924)
2 Ohio Law. Abs. 727Barta v. Brown (1924)
2 Ohio Law. Abs. 727Conine v. State (1924)
2 Ohio Law. Abs. 728Lodi State Bank v. Jones (1924)
2 Ohio Law. Abs. 728Fostoria Elks Home Co. v. Pelton (1924)
No. 760 445. EASEMENTS — 1. Easement presumed appurtenant, not in gross. 2. Easement of access reserved by co-tenant grantor in adjoining property conveyed by him passes to successor in title.
2 Ohio Law. Abs. 729East Ohio Gas Co. v. Jones (1924)
2 Ohio Law. Abs. 729Foltz Grocery & Baking Co. v. Brown (1924)
2 Ohio Law. Abs. 730Speich v. Stoelting Bros. Co. (1924)
2 Ohio Law. Abs. 730Klotz v. Victor Plumbing Co. (1924)
2 Ohio Law. Abs. 731Edwards v. McClellan (1924)
2 Ohio Law. Abs. 731Hollingsworth v. Mueller (1924)
2 Ohio Law. Abs. 731Madison Sq. Realty Co. v. Lichtman (1924)
2 Ohio Law. Abs. 740Baltimore & O. Ry. Co. v. Robertson (1924)
2 Ohio Law. Abs. 740Hurin v. Elec. Vacuum Cleaner Co. (1924)
No. 772 897. PATENTS — Where the only difference between expert witnesses was not as to any technical meaning, but as to the proper interpretation of the patent, the question is for the court and not for the jury---------------
2 Ohio Law. Abs. 741Pierce v. Dahlgren (1924)
2 Ohio Law. Abs. 742State ex rel. Stanton v. Stannard (1924)
2 Ohio Law. Abs. 742Ross v. Hormell (1923)
No. 775 1271. WILLS — Construction of term “or about 17 shares” to mean 17 of 19 parts.
2 Ohio Law. Abs. 743Taylor v. Wood Lumber Co. (1924)
2 Ohio Law. Abs. 743Hunter v. State (1924)
2 Ohio Law. Abs. 743Pallozzi v. State (1924)
2 Ohio Law. Abs. 744Akron Prospect Co. v. Housley (1924)
2 Ohio Law. Abs. 744State v. DeWitt (1922)
2 Ohio Law. Abs. 745Wales v. Sauers (1924)
2 Ohio Law. Abs. 746Ralston v. Ralston Steel Car Co. (1924)
2 Ohio Law. Abs. 746American Express Co. v. Catlin (1924)
2 Ohio Law. Abs. 746State ex rel. Matthews v. Bazen (1924)
2 Ohio Law. Abs. 747Chandler Motor Car Co. v. Delzoppo (1924)
2 Ohio Law. Abs. 756State v. Farrell (1924)
2 Ohio Law. Abs. 756State ex rel. Liles v. O'Dwyer (1924)
2 Ohio Law. Abs. 757Phelps v. Findlay Bd. of Ed. (1924)
Pending in Supreme Court on motion to certify record.
2 Ohio Law. Abs. 757State v. Yeoman (1924)
2 Ohio Law. Abs. 757Longbrake v. State (1924)
Before the Supreme Court on motion to certify record,
2 Ohio Law. Abs. 758Helwick v. Damm (1924)
2 Ohio Law. Abs. 759Gaskins v. Hamilton C. (1924)
2 Ohio Law. Abs. 759Rolf v. Heil (1924)
2 Ohio Law. Abs. 759Rotuno v. State (1924)
No. 796 661. INTOXICATING (LIQUORS — 1. Possession of wine of excessive alcoholic content, held unlawful. 2. Failure to contradict charge of possession of beer held to show violation in this regard.
2 Ohio Law. Abs. 760Dayton v. Schmidt (1924)
2 Ohio Law. Abs. 760Brett v. Richey (1924)
2 Ohio Law. Abs. 760Penna Ohio Elec. R. Co. v. Fiordilliso (1924)
2 Ohio Law. Abs. 760Priority Mtg. & Inv. Co. v. Flesariu (1924)
2 Ohio Law. Abs. 761Economow v. Cleveland (1924)
2 Ohio Law. Abs. 761Brookhart v. Kiplinger (1924)
2 Ohio Law. Abs. 762Seeds v. Rodgers (1924)
2 Ohio Law. Abs. 762Hanna v. Stoll (1924)
2 Ohio Law. Abs. 763Greenblat v. Sterling (1924)
No. 805 4,75. ESTOPPEL — Where creditors undier an agreement that was not binding, signed by all of them,, took possession of property and cellected rent which they turned over to a receiver for their benefit, they are estopped to deny the validity of the creditors’ agreement.
2 Ohio Law. Abs. 763Gallagher v. Gallagher (1924)
2 Ohio Law. Abs. 764In re Phillips (1924)
2 Ohio Law. Abs. 764Cinci., N. O. & T. P. Ry. Co. v. Fidelity & Dep. Co. (1924)
No. 807 951. PRINCIPAL AND SURETY — 1. Compliance with provision in surety contract for faking over work of contractor held condition precedent. 2. Railway contractor’s surety held entitled to insist that certificate of railway’s engineer comply with contract. 1227. WORDS AND PHRASES — “Certificate of engineer, as respects construction contract, defined. 480. • EVIDENCE — Unsigned copy of letter to contractor’s iurety held not compliance with contract requirement for engineer’s “Certificate.”
2 Ohio Law. Abs. 773McGiffin v. Silberstein (1924)
2 Ohio Law. Abs. 773Van Sweringen v. Wagner (1924)
2 Ohio Law. Abs. 774Kelley v. Davies (1924)
2 Ohio Law. Abs. 774Kennedy v. Byers (1924)
2 Ohio Law. Abs. 774Walker v. Fitz (1924)
2 Ohio Law. Abs. 775Sanzone v. Cinci. Morris Plan Bank (1924)
2 Ohio Law. Abs. 775Beck v. Immel (1924)
2 Ohio Law. Abs. 776Carmosino v. State (1924)
2 Ohio Law. Abs. 776Apperson Bros. Auto v. Herminger (1924)
2 Ohio Law. Abs. 777Bobb v. Bobb & Sons Co. (1924)
2 Ohio Law. Abs. 777State v. Orby (1924)
2 Ohio Law. Abs. 778Yarmy v. Stanley (1923)
2 Ohio Law. Abs. 778Stevens v. Jones (1924)
2 Ohio Law. Abs. 778Stevens v. Peck (1924)
2 Ohio Law. Abs. 779Suligan v. Holmes (1923)
2 Ohio Law. Abs. 779Stanchoff v. Wiegand (1924)
No. 824 801. MUNICIPAL LAW — Ordinances imposing imprisonment for violation cannot be made retroactive to include offense committed prior to enactment. 601. HABEAS CORPUS — Writ lies to effect discharge of prisoner illegally confined in city jail.
2 Ohio Law. Abs. 780Motoasca v. Vaughan (1924)
2 Ohio Law. Abs. 780Brown-Graves-Vincent Co. v. Deutchman (1924)