Volume 97 — Ohio State Reports, New Series

Plaintiff in error brought suit against the defendant in error, an Ohio life insurance company, in the court of common pleas of Ashland. She brought her suit as the beneficiary under an insurance policy issued by the defendant upon the life of her husband. In her petition she averred that the policy was issued on the 20th day of May, 1914, in consideration of the weekly premium payments of 20 cents per week, and averred that all payments were made as provided in the policy.

<p>Certified by the Court of Appeals of Hamilton county.</p> <p>The facts are stated in the opinion.</p>

In an affidavit filed in the insolvency court of Cuyahoga county plaintiff in error was charged with being “the father, and charged by law with the care, support, maintenance and education of William Leopold, a minor under the age of eighteen years,” and, being able to contribute toward the support and education of said minor, with wilfully and unlawfully failing to do so.

In Mandamus. This is an action in mandamus by which the relator seeks to compel the defendants to place his name upon the municipal ballot of the city of Toledo, Lucas county, Ohio, for the election to be held in November, 1917.

In Quo Warranto. This proceeding in quo warranto is brought by the attorney general to oust the defendant company, an Ohio corporation, from the right to own, operate and control that portion of The Marietta, Columbus and Cleveland Railroad which lies north and west of the first now-existing public road-crossing south or east of Curtis Junction, said portion being located in the counties of Athens and Morgan, state of Ohio, and in length about 16.5 miles.

In Prohibition. On the 3d day of October, 1917, the relator, John C. D’Alton, filed in this court a petition praying that a writ of prohibition issue, restraining O’Brien O’Donnell, judge of the probate court of Lucas county, from acting as judge of the court of domestic relations, and restraining Byron F. Ritchie, Brownell T. Brough, John P. Mantón, and Curtis T. Johnson, as judges and as the court of common pleas, from certifying and transferring to the court of domestic…

■ This case originated in the municipal court of Cleveland. In its statement of claim defendant in error alleged that on or about August 1, 1913, it leased, in writing, to plaintiff in error, a certain storeroom in what is known as the Anisfield Building, in the city of Cleveland, for a period of two years, commencing on the first day of August, 1913, and extending to and including the 31st day of July, 1915, plaintiff in error to pay a rental of $10,000 for the first year…

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

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

This case originated in the common pleas court of Lucas county. It was an action for damages founded upon an injunction bond.

On January 21, 1915, Rothman sued Engel for the specific performance of a contract alleged to have been entered into by the parties for an exchange of lands. Later, by an amended petition, the form of the action was changed to an action at law seeking to recover the sum of $1,000 as liquidated damages by reason of breach of the agreement. Engel answered, setting forth as her sole defense a denial that she owned the property which she had agreed to exchange.

<p>Building restrictions — "Residence purposes only” — -Uniformplan —Injunction—Covenants omitted in deed — Notice to purchaser — Evidence to enforce covenants.</p>

In Mandamus. The petition contains the following statement of facts: The city of Toledo adopted a charter on November 3, 1914, in which was included the power “to assess, levy and collect taxes on all property which the city may lawfully tax for general and special purposes,” etc. On July 23, 1917, the city council adopted an ordinance fixing the amount of the annual budget and levy for municipal purposes, interest and sinking fund for the ensuing year.

John Hoffman, a resident of Van Wert county, Ohio, died on the 29th day of March, 1911. On the 11th day of April, 1911, an instrument purporting to be his last will and testament, bearing date of August 4, 1910, was admitted to probate by the probate court of Van Wert county, Ohio. John Hoffman left surviving him a widow and seven children.

Forest D. Mills, one of the defendants in error, filed a petition in the common pleas court of Clark county in which he alleged that he, as heir at law of John' Mills deceased, had a legal right to and was seized of an undivided one-eighteenth interest in certain real estate in that county, and that the defendants named in the petition were tenants in common with him. He asked for an order of partition.

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

The relator is the owner of a building located at the corner of Euclid avenue and 105th street in Cleveland, Ohio, which was erected • sometime prior to January 1, 1907. Since its erection the first floor has been used for business purposes and the next three floors for residence or tenement purposes. The fifth floor was not completed for tenement purposes nor was it subdivided into rooms and halls for any purpose.

On November 29, 1915, the defendant in error, as claimant, filed its complaint against the railway company before the public utilities commission, claiming an overcharge of $2.19 on certain shipments of coal. The commission, having found that amount due the coal company, certified its findings to the clerk of the court of common pleas of Franklin county, Ohio.

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

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

This proceeding, originating in the common pleas court of Franklin county, was one in mandamus to compel the defendants as bailiffs of the municipal court of the city of Columbus (the successor of the justices’ court) to set off to the relator as exempt from execution a certain photográphic camera taken in execution on a judgment in favor of the W. C. Dunn Photo Supply Company. The case was submitted to the common pleas court on an agreed statement of facts.

Brinkman was deputy state fish and game warden. He presented an affidavit to Frank E. Lamb, a justice of the peace, charging as follows: “That on or about the 21st day of January, A. D. 1913, one Thomas Drolesbaugh did unlawfully, purposely and wilfully have in his possession a device for catching fish other than a hook and line with bait or lure, to-wit, a seine, in the inland fishing district of the state of Ohio, and that such offense was not committed in the presence of…

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

The New York Central Railroad in November, 1916, filed its application with the public utilities commission of Ohio, in which it set forth that it was in need of additional equipment and had determined to secure the use thereof through a trust agreement to be dated January 1, 1917, which was to be known as the “New York Central Railroad Equipment Trust of 1917.” The application prayed for the approval of the commission to the agreement between the railroad' company, John…

The Sylvania Home Telephone Company for a number of years has been engaged in the business of operating a telephone system in the village of Sylvania and the townships of Richfield, Sylvania and Spencer, Lucas county, Ohio.

On the 20th day of May, 1913, Sophia Ulland filed a petition in the common pleas court of Hamilton county, Ohio, against The Foss-Schneider Brewing Company, a corporation, averring in substance that she was the owner of a certain lot or parcel of land on the west side of Freeman avenue, in the city of Cincinnati, Ohio, adjoining the property owned by the defendant corporation.

Plaintiff in error in November, 1915, filed with the defendant in error its complaint against The Hocking Valley Railway Company, in which it alleged nonpayment of a claim for overcharge on certain shipments of coal in carloads between September 24; 1913, and July 17, 1915.

The defendant in error in this court was plaintiff in the trial court.

<p>Workmen’s compensation — Award denied claimant — Appeal to common pleas court — Award by jury — Periodical payment — Jurisdiction of industrial commission — Limitation for appeal —Notice to claimant.</p> <p>1. In cases arising by way of appeal from the decision of the Industrial Commission denying the right of a claimant to participate in the state insurance fund, a jury is without power to return a verdict fixing compensation to be paid in lump sum.</p> <p>2. The jury in such cases sits as an appellate Board of Awards, and in fixing the amount of compensation it is governed, as to amount of compensation and time and manner of payment, by the provisions of Sections 1465-78, 1465-79, 1465-80, 1465-81, 1465-82, 1465-83, 1465-84 and 1465-85, General Code. The award must provide for periodical payments.</p> <p>3. Any such award, from which error has not been prosecuted,, is to be certified by the trial court to the Industrial Commission, and thereafter is to be treated in all respects as if originally rendered by such commission.</p> <p>4. Such award is subject to the provisions of Section 1465-86, in respect to the continuing jurisdiction of the Board of Awards, and is subject to such modification and change as in the opinion of the board may be justified.</p> <p>5. Such award is also subject to the provisions of Section 1465-87, and such board may in cases of special circumstance, and when the same is deemed advisable, and not otherwise, commute the periodical benefits found to be due the claimant by the jury to one or more lump sum payments.</p> <p>6. The thirty-day period granted to employes within which they may appeal to the court of common pleas, in cases where their claims for participation in the state insurance fund have been denied by the Industrial Commission, as provided by Section 1465-90, General Code, does not begin to run against 'such claimant until he has received actual notice of the rejection of his claim.</p>

<p>Schools — Transfer of territory — From centralized district — Sections 4696 and 4727, General Code.</p>

Certified by the Court of Appeals of Crawford county. In the common pleas court the Kibler company brought an action against the railway company, alleging that on the 20th day of March, 1913, plaintiff delivered to the railway company, as a common carrier, at Columbus, Ohio, 56 barrels of tallow, consigned and billed to plaintiff at Milwaukee, Wis.

<p>Error to the Court of Appeals of Muskingum county.</p> <p>Facts are stated in opinion.</p>

The defendant in error, Joseph W. Lehr, was convicted in the court of common pleas of Wayne county, Ohio, at the September term, 1915, upon a charge of having performed an abortion upon one, M. H., on the 23d day of November, 1914. Upon trial had, the jury found the said Lehr guilty. The defendant filed his motion for a new trial, alleging the usual errors, which motion was by the court of common pleas overruled.

In Quo Warranto. This proceeding is brought by the prosecuting attorney of Hamilton county and seeks to require the defendants to justify their exercise of certain liberties, privileges and franchises, claimed by them by virtue of an ordinance of the city of Cincinnati, known as Ordinance No. 96, 1917, a copy of which is attached to the petition.

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

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

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

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

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

<p>Constitutional law — Referendum—Sufficiency of petitions — Action to challenge — Instituted too late for relief — Section ig, Article II, Constitution, 1912 — Section 5175-29Í, General Code (106 O. L., 293).</p>

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

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

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

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

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

<p>Rapid transit commissioners of Cincinnati — Authority to employ attorney and fix compensation — Section 4000-18, General Code (to? O. L„ 406).</p>

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

<p>Schools — Transfer of territory mandatory — Upon petition of seventy-five per cent, of electors — Section 4696, General Code (106 O. L., 397).</p>

<p>Flood protection — Impairment of navigation — Great Miami river nonnavigable — Dayton city charter constitutional — Validity of acts of officials.</p>

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

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