Volume 94 — Ohio State Reports

A petition in due form was filed with the county commissioners of Mercer county, praying for the location, deepening, straightening and tiling of a ditch upon the route therein described.

The Western Ohio Railroad Company, as lessee, was, at the time of the injury to M. J. Limbaugh, operating its cars over an interurban railroad belonging to The Western Ohio Railway Company. Suit was filed against The Western Ohio Railway Company and service made on that defendant.

Plaintiff in error, David M. Hostetler, brought an action in the- court of common pleas of Tuscarawas county, in which he claimed to be the owner in fee simple of three tracts of real estate described in his petition and asked that his title thereto be quieted and that certain alleged claims of the defendants in and to said real estate be adjudged null and void. The court of common pleas decided adversely to plaintiff in error upon the several issues made by the pleadings.

In 1904 The Cincinnati Traction Company was operating and maintaining, under a franchise granted by the city of Cincinnati, tracks and wires from a point in the center of said city to a point on Madison road where it intersected with an interurban railroad known as The Cincinnati, Milford & Loveland Traction Company, which latter company was maintaining and operating 28 miles of tracks and wires from said point of intersection to Blanchester, Ohio.

On the 31st day of December, 1912, Mabel T. Matthews filed a petition in the common pleas court of Clark county against William S. Thomas, to which the defendant filed a motion to make the same more definite and certain.

This was a proceeding brought in the court of common pleas of Cuyahoga county by the state against The Cleveland & Pittsburgh Railroad Co., The Lake Shore & Michigan Southern Railway Co., The Pennsylvania Co. and The New York Central Railroad Co. The petition alleges that the defendants are the owners of certain lands, forming a contiguous tract, having a frontage of about 1,415 feet on the south shore of Lake Erie, just west of the mouth of the Cuyahoga river 'where it…

<p>Courts of appeals — Jurisdiction on appeal — Injunction — Collection of street assessments — Section 1207$, General Code — Section 6, Article IV, Constitution, 1912.</p>

Plaintiff in error, Frank Crowley, at the January, 1915, term of the court of common pleas of Fairfield county, was indicted for assault with intent to commit rape on one N. F., on the 4th day of November, 1914.

The administrator of William Git-chell, 'deceased, brought the original action in the court of common pleas of Belmont county, against plaintiff in error, John H. Schell. * The allegations of the petition substantially were that the plaintiff’s intestate was killed by reason of the' negligence of the defendant in the operation of an automobile, at the time and place, at an excessive rate of speed and beyond his control — at a rate of speed in violation of Section 12604,…

October 11, 1911, Emma Bly, the wife of the plaintiff in error, brought suit for alimony in the court of common pieas of Cuyahoga county, and on the 25th of October, 1912, said court heard the cause on the pleadings and the evidence and rendered judgment in favor of the wife, giving her as and for alimony certain personal property mentioned therein, and also ordered the plaintiff in error to pay to his wife the sum of $25 per month, payable in equal semi-monthly installments.

In Prohibition. In this cause an application for a writ of prohibition against the court of common pleas of Lucas county and two of its judges, Hon. Bernard F. Brough'and Hon. Byron F. Ritchie, was… Held: and which said parties so conspiring well knew was to be held, on Tuesday, September 14, 1915.

Certified by the Court of Appeals of Lucas county. On October 29, 1913, Alexander Kiskadden, as trustee in bankruptcy of The Fostoria Undermuslin Company, filed a petition in the court of common pleas of Lucas county, of which the following is a copy: “The plaintiff Alexander Kiskadden for cause of action against the defendant Albert V. Bauman says: “That on or about the first day of November, 1904, The C. C. Anderson Manufacturing Company was a corporation created under the…

Defendants in error, other than James M. Cassidy, owners of certain lots in the hamlet of Lakewood, Cuyahoga county, brought an action in the court of common pleas of that county to enjoin Cassidy and plaintiff in error, Morris Arnoff, from violating certain building restrictions and for other relief. The court of common pleas held that plaintiffs below, H. L. Williams and others, were not entitled to the relief prayed for and dismissed their petition.

In Mandamus. This action was brought by the relator, David Davis, as a citizen of the United States and an elector of this state, and who is a resident and elector in Hamilton county, Ohio, seeking to invoke the original jurisdiction of this court in mandamus.

The original petition filed by the relator, Emery Lattanner, deputy supervisor of banks, was for the recovery of $2,000 and interest upon a promissory note of which the following is a copy: “$2000.00 Gambier, Ohio, Feb’y 1st, ipio. “On or before three years after date I promise to pay The Gambier Banking Co. or order two thousand no/100 dollars for value received, payable at the office of said Co. with interest at 3 per cent, per annum, having deposited as collateral…

<p>Error to the Court of Appeals of Greene county.</p>

<p>Error to the Court of Appeals of Montgomery county.</p> <p>The city of Dayton, under the authority conferred upon it by Section 7 of Article XVIII of the Constitution of Ohio, as amended September 3, 1912, adopted a charter for its municipal government, which charter provides that a commission of five shall constitute the governing body, with power to pass ordinances, adopt regulations and appoint a chief administrative officer to be known as the city manager, and exercise all further powers conferred by the charter.</p> <p>At the election held in the city of Dayton in November, 1915, John R. Flotron and Willard Bar-ringer were candidates for members of this city commission. The official return gave Flotron a small majority over Barringer. Barringer filed in the common pleas court of Montgomery county a petition to contest the election of Flotron. On motion, the common pleas court dismissed this petition for the reason that Section 40 of' the city charter provides that “The commission shall be judge of the election and qualifications of its members.”</p> <p>Barringer then filed a petition in error in the court of appeals to reverse this judgment of the common pleas court dismissing his petition, and that court reversed the judgment of the common pleas court and remanded the cause for hearing on its merits, upon the theory that the provision in the charter of the city of Dayton, that the commission shall be judge of the election and qualifications of its members, is a concurrent remedy with the remedy provided by the general assembly under authority of Section 21 of Article II of the Constitution.</p>

On the 20th day of October, 1913, the plaintiff below, Rose Steinberg, filed her petition in the common pleas court of Mahoning county, Ohio, against The Lake Shore & Michigan Southern Railway Company and the Erie Railroad Company.

The Cincinnati & Suburban Bell Telephone Company, an Ohio corporation, is the owner and operator of a telephone system, its principal exchange being in the city of Cincinnati. It has exchanges also in the country, cities and villages within a radius of fifty miles from said city and has in the aggregate eighty thousand subscribers.

This proceeding was brought by John Haas against Theodor Kundtz in the common pleas of Cuyahoga. The plaintiff died after the trial in the common, pleas court and the executrix was substituted as plaintiff.

In Mandamus. This case was submitted upon a demurrer to the petition in mandamus filed in this court. On the 10th day of December, 1915, in an action pending in the court of appeals of Belmont county, on appeal from the court of common pleas, in which Ella L. Galloway and Eva E. Coventry, as administratrices of the estate of Sarah Coventry, deceased, were plaintiffs, and the relator herein, John H. Anderson, was defendant, a judgment was rendered in favor of plaintiffs.

Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of. Hamilton county. The indictment in this case was oné which charged one Gabriel Sullivan, the defendant Herbert Doty, and three others, jointly as principals, with murder in the first degree in causing the death of one James Shall by the use and discharge of a pistol. The defendant Doty was tried separately.

of Appeals of Hamilton county. This action was instituted in the court of common pleas of Hamilton county by the city of Cincinnati against The Interurban Railway & Terminal Company to recover the sum of $1587.05 claimed to have been expended by the city in repairing a bridge over the Little Miami river.

. In November, 1876, Simon and Otilley Fear-settle legally adopted Mattie Stein, afterwards known as Mattie Fearsettle. Mattie Fearsettle married one Fred Hamley. In February, 1912, Mattie (Fearsettle) Hamley died, intestate, leaving surviving her daughter, Hester Hamley; her husband, Fred Hamley, and her foster parents, Simon and Otilley Fearsettle. Thereafter Hester Hamley married Norman G. Amrhein, defendant in error.

In Mandamus. This is a proceeding in mandamus brought on the relation of The Sylvania Home Telephone Company against the defendants, who are judges of the court of appeals of Lucas county, to compel thém to certify to this court for review and final determination the case of The Sylvania Home Telephone Company v. The Berkey Farmers’ Mutual Telephone Company et al. The latter case was brought in the common pleas of Lucas county to enjoin the defendant company, which was a…

Both of the above-entitled cases were admitted to the supreme court on certiorari from the court of appeals of Greene county, as being cases of public interest.

On the 13th day of July, 1914, the city council of the city of Cleveland adopted a resolution offering to convey by quitclaim deed to the Public Library Board of the City School District of the City of Cleveland a tract of land occupied by the city hall, which resolution was in part as follows: “1.

<p>Negligence — Operation of car causing sudden jerk — Contributory negligence — Passenger seated on platform or standing on step — Questions for jury, when — Answers by jury to special interrogatories— Constitute finding of absence of contributory negligence, when.</p>

This proceeding in prohibition was instituted by the relatrix in the court of appeals of Hamilton county to restrain Joseph B. Kelley, judge of the insolvency court of Hamilton county, from proceeding to hear and determine a suit for divorce brought in that court by John Gellner against Marie Gellner.

Certified by the Court of Appeals of Allen county. On the 18th day of January, 1913, the plaintiff in error, Newton Snyder, was injured in the course of his employment while in the employ of The Lima Locomotive Corporation, an employer who had paid into the state insurance fund the premiums required by the act of May 31,1911 (102 Ohio Laws, 524).

On the 24th day of May, 1911, Milton T. Dick, then in full life but now deceased, filed a petition in the common pleas court of Pickaway county against Thomas Dick and Maud B. Dick to recover-the amount due on a promissory note signed by defendants and dated the 4th day of January, A. D. 1908.

<p>Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Summit county.</p> <p>Facts are stated in opinion.</p>

<p>Liquor licenses — Renewals —Failure to appeal from order— Granting application but suspending certificate — Pending change of location — Appeal from refusal to reconsider action — County board sustained by state board — Mandamus—Sections 1261-46, 1261-53 and 1261-54, General Code (103 O. L., 229, 233)-</p>

<p>Error to the Court of Appeals of Cuyahoga county.</p> <p>The facts are stated in the opinion.</p>

<p>Automobile license-tags — Appropriation therefor and method of drawing money — Relate to current expenses — Not subject to referendum — Under Section ic, Article II, Constitution, 1912 — Open, competitive bids required — Section 6 of act of May 27> 1915 (iq6 O. L., 826).</p> <p>1. Section 6 of the appropriation act passed May 27, .1915 (106 O. L., 826), so far as the same applies to contracts made by the state for automobile license-tags and vouchers for payment thereunder, relates to the current expenses of the state government; and such section, including the condition therein provided that such vouchers must “show that competitive bids were secured,” went into immediate effect and was not subject to a referendum under Section lc, Article II of the Ohio Constitution.</p> <p>2. A license-tag contract, made subsequent to July 1, 1915, was controlled by said Section 6, which required that reasonable efforts be' made to secure open, competitive bids for the furnishing of such tags to the state.</p>

In Mandamus. This cause was submitted to this court upon the pleadings and an agreed statement of facts, from which the following appears: On October 14, 1912, Frederick W. Bertsch was appointed chief of the fire department of the city of Jackson, Ohio, and continued to perform the duties of that office up until the 15th day of June, 1915, at which date the mayor of Jackson suspended him from office and filed with the civil service commission of that city his reason for so…

In Mandamus. On the 9th day of May, 1916, the relatrix, Margaret E. McNamara, filed a petition in this court, invoking its original jurisdiction in mandamus, and asked that a writ issue commanding the defendants Z. B. Campbell and Samuel D. Webb, as members of the state civil service commission of Ohio, to certify the pay-roll of the girls’ industrial school for the month of April, 1916, including therein the salary of relatrix as chief matron of that institution, and…

<p>Error to the Public Utilities Commission.</p>

On the 3d day of December, 1914, the county board of education of Holmes county adopted a resolution annexing to the Nashville village school district, for school purposes, adjoining territory, comprising four subdistricts.

<p>Error to the court of Appeals of Hamilton county.</p>

<p>In Quo Warranto.</p> <p>Facts are stated in the opinion.</p>

In Mandamus. On the 22d day of April, 1916, the State of Ohio, on relation of the Franklin County Conservancy District and Fred M. Sayre as Secretary and ex-officio Treasurer of the Franklin County Conservancy District, filed an original petition in this court against H. Sage Valentine, as Auditor of Franklin County, Ohio, praying that a peremptory writ of mandamus issue out of this court, directed to the defendant auditor, commanding him to issue his warrant on the…

In Mandamus. On the 25th day of July, 1916, the relator, John C. Heald, filed in this court a petition praying that a writ of mandamus issue to John A. Zangerle, P. C. O’Brien and Cyrus Locher, constituting the budget commissioners of Cuyahoga county, commanding them to certify to the auditor of Cuyahoga county the sum of $3,510,626.46, in preference to all other items of tax, as the amount required for sinking fund and interest purposes for the ensuing year for all bonds…

<p>Taxation — Real property — Equalisation of reassessments — By county boards of revision — Act of May 7, 1915 (106 O. L., 246-272).</p>

<p>Taxation — Real property valuations — Quadrennial duplicate of 1910 —Adoption and use in 1914 and 1915 — Under Wames lave (103 O. L., 786) — Subsequent adoption arid use in 1916 — Under Parrett-Whittemore law (106 O. L., 246).</p>

<p>Error to the Court of Appeals of Summit county.</p> <p>Error to the Court of Appeals of Cuyahoga county.</p>

<p>Error to Court of Appeals of Lorain county.</p>