text:
    No. 12943.
    Grossner v. The State of Ohio.
    Decided February 27, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. Francis J. Wing and Mr. Hermann Preusser, for plaintiff in error. Mr. M. P. Mooney and Mr. John A. Cline, for defendant in error.
   Judgment affirmed.

Shauck, Johnson and Donahue, JJ., concur.


source: Caselaw Access Project

license: Public Domain

text:
    No. 13037.
    The Interstate Engineering Co. v. Colechia.
    Decided February 27, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Seaton & Paine, for plaintiff in error. Mr. Flarry F. Payer, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12695.
    Jordon v. Milliken et al.
    Decided March 5, 1912.
    Error to Circuit Court of Wood county.

      Mr. George P. Voorheis and Mr. Peter Emslie, for plaintiff in error. Mr. Benjamin F. James, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donapiue, JJ., concur.


text:
    No. 12704.
    Poland v. Sullivan.
    Decided March 5, 1912.
    Error to Circuit Court of Hamilton county.

      Messrs. Stephens, Lincoln & Ste

      phens, for plaintiff in error. Messrs. Healy, Ferris & McAvoy, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12705.
    The Middlepoint Home Telephone Co. v. The United States Telephone Co.
    Decided March 5, 1912.
    Error to Circuit Court of Van Wert county.

      Mr. W. B. Mann; Mr. David K. Tone and Messrs. Dailey & Hoke, for plaintiff in error. Messrs. Cable & Parmenter and Mr. G. M. Saltzgaber, for defendant in error.
   Judgment affirmed.

Davis, C. J., Johnson and Donahue, JJ., concur.


text:
    No. 12716.
    Shaw v. Long et al.
    Decided March 5, 1912.
    Error to Circuit Court of Jefferson county.

      Messrs. Cohen, Stone & Erskine, for plaintiff in error. Mr. W. C. Brown; Mr. J. C. Bigger and Messrs. Mansheld & Merryman, for defendants in error.
   Judgment affirmed.

Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13036.
    The Secor Hotel Co. v. Hammond.
    Decided March 5, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Elmer E. Davis, for plaintiff in error. Mr. John F. Kumler, Jr., for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13326.
    The State, ex rel. The Bucyrus Light & Power Co., v. The Public Service Commission of Ohio et al.
    Decided March 5, 1912.
    In Mandamus.

      Mr. R. V. Sears and Mr. E. B. Finley, for relator. Mr. Timothy S. Hogan, attorney general; Mr. Charles C. Marshall; Mr. Frank Davis, Jr., and Mr. O. W. Kennedy, city solicitor, for respondents.
   Demurrer to petition sustained.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 11434.
    Anderson v. United States Mortgage & Trust Co. et al.
    Decided March 12, 1912.
    Error to Circuit Court of Lucas county.

      Mr. R. P. Cary and Mr. C. H. Trimble, for plaintiff in error. Mr. B. A. Hayes; Mr. Oliver B. Snider and Messrs. King, Tracy, Chapman & Welles, for defendants in error. Judgment affirmed on authority of Anderson v. The United Realty Co. et al., 79 Ohio St., 23;
   affirmed 222 U. S., 164.

Davis, C. J., Spear, Shauck and Price, JJ., concur.


text:
    No. 12669.
    The Cincinnati, Lebanon & Northern Railway Co. v. The New York Trust Co. et al.
    Decided March 12, 1912.
    Error to Circuit Court of Warren county.

      Messrs. Matthews, James & Matthews, for plaintiff in error. Messrs. Brandon & Ivins, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12725.
    Hopkins v. Willis, Admr., et al.
    Decided March 12, 1912.
    Error to Circuit Court of Fayette county.

      Mr. George H. Jones and Mr. Joseph H. Harper, for plaintiff in error. Mr. William B. Rogers, for defendants in error.
   Judgment affirmed.

Davis, C. J.,' Spear, Spiauck, Johnson and Donahue, JJ., concur.


text:
    No. 12839.
    The State, ex rel. Ellis, Attorney General, v. The Miami & Erie Canal Transportation Co. et al.
    Decided March 12, 1912.
    Error to Circuit Court of Franklin county.

      Mr. U. G. Denman, attorney general; Mr. Timothy S. Hogan, attorney general;' Mr. Frank Davis, Jr., and Mr. John A. Alburn, for plaintiff in error. Mr.. W. C. Shepherd; Mr. Louis A. Ireton and Messrs. Squire, Sanders & Dempsey, for defendants in error.
   Judgment reversed and cause remanded with instructions to sustain the demurrer to the answers of The Miami & Erie Canal Transportation Co. and of The Cincinnati Trust Co., and for further proceedings.

Davis, C. J., Spear, Shauck, Price, Jopinson and Donahue, JJ., concur.


text:
    No. 13054.
    The Cincinnati, Georgetown & Portsmouth Railroad Co. v. Dameron, Admr.
    Decided March 12, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. Frank F. Dinsmore, for plaintiff in error. Mr. Samuel O. Bayless; Mr. Michael Minges and Mr. Frank A. Ralston, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Jopinson and Donahue, JJ., concur.


text:
    No. 13141.
    Company v. Cowell et al.
    Decided March 12, 1912.
    Error to Circuit Court of Lucas county.

      Messrs. Burtsfield & Milroy, for plaintiff in error. Mr. Frank H. Geer, for defendants in error.
   Judgment reversed and judgment of common pleas court affirmed.

Davis, C. J., Spear, Johnson and Donahue, JJ., concur.


text:
    No. 13155.
    Anspach v. Harmon, Receiver.
    Decided March 12, 1912.
    Error to Circuit Court of Lucas county.

      Mr. G. B. Keppel, for plaintiff in error. Mr. Morison R. Waite and Mr. Julian H. Tyler, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear and Shauck, JJ., concur.


text:
    No. 13162.
    Erie Railroad Co. v. Ciofalo.
    Decided March 12, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Cushing, Siddall & Palmer, for plaintiff in error. Mr. H. F. Payer, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13203.
    The J. M. Skinner Bending Co. v. Jensen, Guardian.
    Decided March 12, 1912.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error. Mr. Harvey Scribner; Mr. Cornell Schreiber and Mr. D. H. Commager, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13218.
    The Continental Trust & Savings Bank Co. v. Heinsen.
    Decided March 12, 1912.
    Error to Circuit Court of Lucas county.

      Messrs,. Rhoades & Rhoades; Mr. R. S. Holbrook and Mr. C. R. Banker, for plaintiff in error. Mr. Marion D. Merrick and Mr. Orion W. Nelson, for defendant in error.
   Judgment affirmed

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13227.
    Masters v. The Cleveland Short Line Railway Co.
    Decided March 12, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. H. Melvin Roberts, for plaintiff in error. Messrs. Kline, Tolies & Morley and Mr. A. E. Clevenger, for defendant in error.
   Judgment affirmed on authority of Cleveland Short Line Railway Co. v. Duncan et al., 84 Ohio St., 463.

Davis, C. J., Spear, Shauck and Johnson, JJ., concur.


text:
    No. 13228.
    Vanetten v. The Cleveland Short Line Railway Co.
    Decided March 12, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. H. Melvin Roberts; for plaintiff in error. Messrs. Kline, Tolies & Morley and Mr. A. E. Clevenger, for defendant in error.
   Judgment affirmed on authority of Cleveland Short Line Railway Co. v. Duncan et al., 84 Ohio St., 463.

Davis, C. J., Spear, Shauck and Johnson, JJ., concur.


text:
    No. 13273.
    The State of Ohio v. Smith.
    Decided March 12, 1912.
    Error to Circuit Court of Marion county.

      Mr. Charles L. Justice, prosecuting attorney, and Messrs. Mouser & Maloney, for plaintiff in error. Messrs. Scofield & Durfee, for defendant in error.
   Judgment ’reversed and judgment of common pleas affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12250.
    The Cleveland, Southwestern & Columbus Ry. Co. v. Gibson.
    Decided March 19, 1912.
    Error to Circuit Court of Lorain county.

      Mr. A. V. Andrews; Mr. Quincy A. Gillmore and Messrs. Blandin, Rice & Ginn, for plaintiff in error. Messrs. Stroup & Fauver and Messrs. Skiles, Green & Skiles, for defendant in error.
   Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed; upon the ground that the jury could not be presumed to have understood the court to charge that' they should give evidential effect to a presumption.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12253.
    Heim v. Roberts, doing Business as The Farmer’s Bank of Fremont.
    Decided March 19, 1912.
    Error to Circuit Court of San-dusky county.

      Messrs. Love & Culbert, for plaintiff in error. Messrs. Garver, Garver & Garver,
      for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12800.
    The Toledo Railways & Light Co. v. Buchholz.
    Decided March 19, 1912.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error. Messrs. Southard & Zabel, for defendant in error.
   Judgment affirmed by consent.


text:
    No. 12916.
    National Union Fire Insurance Co. v. Gump.
    Decided March 19, 1912.
    Error to Circuit Court of Richland county.

      Messrs. Brucker & Voegele, for plaintiff in error. Mr. W. S. Kerr and Mr. Jesse E. LaDow, for defendant in error.
   Judgment affirmed.

Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13055.
    Johnson v. The State of Ohio.
    Decided March 19, 1912.
    Error to Circuit Court of Franklin county.

      Mr. Elwood Murphy, for plaintiff in error. Mr. Franklin Rubrecht, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13187.
    The State of Ohio v. Hensel.
    Decided March 19, 1912.
    Error, to Circuit Court of Tuscarawas county.

      Mr. W. V. Wright, prosecuting attorney; Mr. E. S. Souers and Mr. John

      A. Buchanan, for plaintiff in error. Mr. Henry Bowers and Mr. J. F. Greene, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13191.
    Garinger et al. v. The Board of Education of Wayne Township et al.
    Decided March 19, 1912.
    Error to Circuit Court of Fayette county.

      Messrs. Creamer, Creamer & Thompson and Mr. Humphrey Jones, for plaintiffs in error. Messrs. Gregg & Gregg and Mr. John Logan, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13207.
    Curtis v. The State of Ohio.
    Decided March 19, 1912.
    Error to Circuit Court of Allen county.

      Mr. C. J. Brotherton, for plaintiff in error. Messrs. Halfhill, Quail & Kirk, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13256.
    Swearingen, Admr., v. Hoopengarner et al.
    Decided March 19, 1912.
    Error to Circuit Court of Tuscarawas county.

      Mr. W. B. Stevens, for plaintiff in error. Messrs. Mitchell & Mitchell and Messrs. Graham & Stafford, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13292.
    Mowery, Auditor, v. The State, ex rel. Elson.
    Decided March -19, 1912.
    Error to Circuit Court of Coshocton county.

      Mr. George D. Klein, for plaintiff in error. Mr. J. C. Adams and Mr. Joseph L. McDowell, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12246.
    The William B. Pollock Co. v. Timm.
    Decided March 26, 1912.
    Error to Circuit Court of Mahoning county.

      Mr. Myron A. Norris and Mr. George E. Rose, for plaintiff in error. Mr. D. F. Anderson, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12280.
    The Nypano Railroad Co. et al. v. Blose et al., Admr.
    Decided March 26, 1912.
    Error to Circuit Court of Champaign county.

      Messrs. Cushing & Siddall and Mr, C. B. Heiserman, for plaintiffs in error. Messrs. Buroker & Zimmer and Mr. L. D. Johnson, for defendants in error.
   Judgment affirmed.

Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12343.
    Burgoon et al. v. Cornell, by etc.
    Decided March 26, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Sherman & Sherman, for plaintiffs in error. Mr. E. E. Corwin, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12732.
    The State, ex rel. Binyon, a Taxpayer, v. Fisher et al.
    Decided March 26, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. William Howell, for plaintiff in error. Messrs. Westenhaver, Boyd, Rudolph & Brooks; Mr. C. C. Wise; Mr. John L. Cannon and Mr. M. P. Mooney, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12769.
    The Ely Realty Co. v. The City of Elyria.
    Decided March 26, 1912.
    Error to Circuit Court of Lorain county.

      Messrs. E. G., H. C. & T. C. Johnson, for plaintiff in error. Mr. H. A. Pounds, city solicitor, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Johnson and Donahue, JJ., concur.


text:
    No. 12876.
    Yurjevic v. Yurjevic et al.
    Decided March 26, 1912.
    Error to Circuit Court of Jefferson county.

      Mr. Henry Gregg and Mr. Ira Blackburn, for plaintiff in error. Mr. W. R. Alban and Mr. Ralph B. Cohen, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12880.
    Lilly et al., Trustees, et al. v. Hobart.
    Decided March 26, 1912.
    Error to Circuit Court of Lake county.

      Mr. G. N. Tuttle and Mr. Elbert F. Blakely, for plaintiffs in error. Mr. Harry E. Hammar, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12881.
    Lewis, Treasurer, v. The State, ex rel. Stilwell.
    Decided March 26, 1912.
    Error to 'Circuit Court of Warren county.

      Mr. Alton F. Brown, for plaintiff, in error. Mr. Seth W. Brown, for defendant in error.
   Judgment, affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12884.
    Smart, Treasurer, v. Delaware County Agricultural Society.
    Decided March 26, 1912.
    Error, to Circuit Court of Delaware county.

      Mr. E. R. Williams and Mr. F. A. McAllister, for plaintiff in error. Messrs. Marriott, Freshwater & Bliss, for defendant in error.
   Judg-

ment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12902.
    The Pressing & Orr Co. v. The John Newton Porter Co.
    Decided March 26, 1912.
    Error to Circuit Court of Huron county.

      Mr. G. Ray Craig, for plaintiff in error. Messrs. Spear, Mills & Godfrey, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12913.
    Douglass et al. v. McKee et al.
    Decided March 26, 1912.
    Error to' Circuit Court of Richland county.

      Messrs. Kramer & Jarvis and Messrs. Douglass & Hutchinson, for plaintiffs in error. Messrs. Cook & McClellan and Mr. John S. Black, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear and Johnson, JJ., concur.


text:
    No. 13314.
    Taylor, a Taxpayer, v. The Village of Bedford et al.
    Decided March 26, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. William A. Carey and Mr. Frank M. Chandler, for plaintiff in error. Mr. L. R. Landfear and Mr. Frederick W. Green, for defendants in error.
   Judgment affirmed on authority of Cincinnati et al. v. Davis et al., 58 Ohio St., 225.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12351.
    Bates v. National Bed Co.
    Decided April 2, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. Charles B. Wilby and Mr. Mitchell Wilby, for plaintiff in error. Messrs. Heinlein & Armstrong; Messrs. Mc'Camic & Clarke and Mr. Frank H. Williams, for defendant in error.
   Judgment reversed and that of superior court affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12357.
    Lewis et al. v. Feeney.
    Decided April 2, 1912.
    Error to Circuit Court of Knox county.

      Mr. J. A. Schaeffer and Messrs. Owen & Carr, for plaintiffs in error. Messrs. Wm. M. Koons & Sons, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12368.
    The Hanauer Automobile Co. v. Evans, by etc.
    Decided April 2, 1912.
    Error to Circuit Court of Hamilton county.

      Messrs.

      Paxton, Warrington & Seasongood, for plaintiff in error. Mr. 'Charles B. Wilby and Mr. Mitchell Wilby, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12369.
    McAdoo et al. v. Hilsinger et al.
    Decided April 2, 1912.
    Error to Circuit Court of Jefferson county.

      Messrs. Ershine & Smith, and Messrs. Mansfield & Merryman, for plaintiffs in error. Mr. P. P. Lewis; Mr. Dio Rogers and Messrs. Mansfield & Merryman, for defendants in error.
   Judgment affirmed on authority of Drake et al., Trustees, v. Tucker, 83 Ohio St., 97.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12746.
    The Pearl Amusement Co. v. The Guy & Ralph Gray Co.
    Decided April 2, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. Charles F. Morgan. and Messrs. Smith, Taft & Arter, for plaintiff, in error. Mr. James J. Hogan and Mr. Benjamin Parmely, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12298.
    Hart v. Gilbert.
    Decided April 16, 1912.
    Error to Circuit Court of Franklin county.

      Mr. Charles S. Cherington, for plaintiff in error. Mr. J. A. Godown, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck and Johnson, JJ., concur; .


text:
    No. 12384.
    The Citizens National Bank v. The Piqua Flour Co.
    Decided April 16, 1912.
    Error to Circuit Court of Miami county.

      Messrs. Broomhall & Broomhall, for plaintiff in error. Messrs. Long & Kyle and Mr. J. J. McAfee, for defendant in error.
   Judgment reversed and that of the common pleas affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12405.
    Storts et al., Trustees, et al. v. Scott.
    Decided April 16, 1912.
    Error to Circuit Court of Ross county.

      Mr. Luther B. Yaple and Mr. Peter J. Blosser, for plaintiffs in error. Mr. James I. Boulger and Mr. N. P. Clyburn, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12462.
    Jones v. Jaeger et al.
    Decided April 16, 1912.
    Error to Circuit Court of Licking county.

      Mr. Philip Smythe and Mr. Fred C. Rector, for plaintiff in error. Messrs. Huggins, Huggins, Johnson & Hoover, for defendants in error.
   Judgment affirmed.

Davis, C. J, Spear, Shauck and Johnson, JJ., concur.


text:
    No. 12766.
    The Limoges China Co. v. The C. F. Ware Coffee Co.
    Decided April 16, 1912.
    Error to Circuit Court of Montgomery county.

      Messrs. Rowe, Matthews & James, for plaintiff in error. Messrs. McMahon & McMahon and Mr.

      R. G. Corwin, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur.


text:
    No. 12904.
    Musselman, Exr., v. Eaton et al.
    Decided April 16, 1912
    Error to Circuit Court of Paulding county.

      Messrs. Waters & Spriggs, for plaintiff in error. Messrs. Snook & Wilcox, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12906.
    Arnold, Guardian, v. Myers, Admr.
    Decided April 16, 1912.
    Error to Circuit Court of Ashland county.

      Mr. A. H. Stilwell and Mr. H. B. Swartz, for plaintiff in error. Mr. F. N. Patterson, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Sphuck, Johnson and Donahue, JJ., concur.


text:
    No. 12908.
    The City of Columbus et al. v. Page.
    Decided April 16, 1912.
    Error to Circuit Court of Franklin county.

      Mr. E. L. Weinland, city solicitor, and Mr. Charles A. Leach and Mr. John L. Davies, assistants, for plaintiff in error. Mr. Walter S. Page, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shuck, Johnson and Donahue, JJ., concur.


text:
    No. 12915.
    Buerhaus, County Auditor, et al. v. Granger et al.
    Decided April 16, 1912.
    Error to Circuit Court of Muskingum county.

      Mr. Charles F. Ribble, prosecuting attorney; Mr. Harry C. Pugh and Mr. Howard E. Buker, for plaintiffs in error. Messrs. Granger & Granger, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13151.
    The Cincinnati, Hamilton & Dayton Ry. Co. v. Small.
    Decided April 16, 1912.
    Error to Circuit Court of Miami county.

      Mr. Morison R. Waite and Messrs Broomhall & Broomhall, for plaintiff in error. Mr. George S. Long and Mr. Thomas B. Kyle, for defendant in error.
   Judgment affirmed.

Spear, Shauck, Johnson, and Donahue, JJ., concur.


text:
    No. 13152.
    Harmon, Receiver, v. Small.
    Decided April 16, 1912.
    Error to Circuit Court of Miami county.

      Mr. Morison R. Waite and Messrs. Broomhall & Broomhall, for plaintiff in error. Mr. George S. Long and Mr. Thomas B. Kyle, for defendant in error.
   Judgment affirmed.

Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12607.
    The Toledo & Ohio Central Ry. Co. v. Fippin, Admr.
    Decided April 16, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Doyle & Lewis and Messrs. Vorys, Safer, Seymour & Pease, for plaintiff in error. Mr. J. F. Rogers and Mr. George S. Peters, for defendant in error.
   Judgment affirmed.

Spear, Shauck and Johnson, JJ., concur.


text:
    No. 12752.
    Carson et al. v. The Board of County Commissioners of Wood County et al.
    Decided April 16, 1912.
    Error to Circuit Court of Wood county.

      Mr. N. R. Harrington and Mr. Elza Carter, for plaintiffs in error. Mr. Wm. Dunipace, prosecuting attorney; Mr. Charles A. Blackford, prosecuting attorney; Mr. Thomas Mulcahy, prosecuting attorney; Mr. Charles S. Hatfield, prosecuting attorney; Mr. J. W. Smith, prosecuting attorney, and Mr. Benjamin F. James, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur.


text:
    No. 13264.
    Troxell, Exr., et al. v. Shade, Trustee.
    Decided April 16, 1912.
    Error to Circuit Court of Montgomery county.

      Mr. Charles W. Finch and Mr. V. A. Troxell, for plaintiffs in error. Messrs. McKemy & Cline and Mr. Benjamin F. Hershey, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13268.
    The State of Ohio v. Campbell.
    Decided April 16, 1912.
    Error to Circuit Court of Medina county.

      Mr. George Frey, prosecuting attorney; Mr. C. H. Workman; Mr. N. M. Wolfe; Mr. W. J. Weirick and Mr. N. H. McClure, for plaintiff in error. Mr. Frank Heath; Mr. Wm. M. Koons; Mr. C. P. Winbigler and Mr. J. P. Seward, for defendant in error.
   Judgment affirmed on authority of McLaughlin et al. v. The Wheeling & Lake Erie Ry. Co., 61 Ohio St., 279.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12409.
    Vogt et al., Partners, v. Seum.
    Decided April 30, 1912.
    Error to Circuit Court of Delaware county.

      Messrs. Jewell & Benton, for plaintiffs in error. Mr. J. R. Selover and Messrs. Pugh & Pugh, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and O’Hara, JJ., concur. Donahue, J., not participating. 0


text:
    No. 12431.
    Gruner v. National Starch Co.
    Decided April 30, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. Joseph B. Kelley and Messrs. Adler, Kelley & Hauck, for plaintiff in error. Messrs. Ernst, Cassatt & Cottle, for defendant in error.
   Judgment modified and affirmed as modified.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is modified in the respect following: That the judgment of the said circuit court is reversed in so far as the said judgment ordered and adjudged that the said National Starch Company go hence without day and recover its costs against the plaintiff in error, and the said judgment of the circuit court is hereby affirmed in so far as the same reversed the judgment of the court of common pleas in said cause, and it is further ordered that this cause be remanded to the court of common pleas for a new trial thereof and for further proceedings according to law.

Spear, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12842.
    Fisher v. Fisher, Individually, etc.
    Decided April 30, 1912.
    Error to Circuit Court of Muskingum county.

      Messrs. Winn & Bassett, for plaintiff in error. Mr. C. T. Marshall and Mr. E. W. Allen, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahiue, JJ., concur.


text:
    No. 12945.
    Milligan et al. v. Scribner, Assignee, etc.
    Decided April 30, 1912.
    Error to Circuit Court of Lucas county.

      Mr. S. A. Armstrong and Mr. Ben W. Johnson, for plaintiffs in error. Mr. R. S. Holbrook and Mr. C. R. Banker, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur.


text:
    No. 12953.
    Youghiogheny & Ohio Coal Co. v. Keba.
    Decided April 30, 1912.
    Error to Circuit Court of Belmont county.

      Mr. Fred Spriggs, for plaintiff in error. Mr. John C. Nichols; Mr. Albert W. Kennon and Mr. Newell K. Kennon, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12962.
    Zimmerman et al. v. Bowers et al.
    Decided April 30, 1912.
    Error to Circuit Court of Morrow county.

      Mr. W. S. Kerr, for plaintiffs in error. Mr. W. M. Kaufman and Messrs. Harlan & Wood, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur. Donahue, J., not participating.


text:
    No. 13202.
    The Ohio Electric Ry. Co. v. Allen.
    Decided April 30, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Walter B. Richie and Mr. Alexander L. Smith, for plaintiff in error. Mr. G. B. Keppel, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 13240.
    O’Connor v. Hartupee et al.
    Decided April 30, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. J. W. Kittering and Mr. Harry R. Weber, for plaintiff in error. Mr. Charles W. Baker; Mr. W. B. Mente and Mr. Lewis N. Gatch, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12279.
    Crothers et al. v. Stanley.
    Decided May 7, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. Edwards Ritchie and Messrs. Philip & S. C. Roettinger, for plaintiffs in error. Mr. Wm. W. Prather and Mr. D. G.

      McVean, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12286.
    McMillin v. Ong, Exrx.
    Decided May 7, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. A. F. Ingersoll and Mr. F. C. McMillin, for plaintiff in error. Messrs. Ong, Thayer & Mansfield, for defendants in error.
   Judgment reversed and that of common pleas affirmed.

Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12438.
    Stone, Receiver, v. The Cincinnati, Dayton & Toledo Traction Co. et al.
    Decided May 7, 1912.
    Error to Circuit Court of Montgomery county.

      Messrs. Rowe, Matthews & James, for plaintiff in error. Messrs. Shotts & Millikin and Mr. W. C. Shepherd, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12445.
    The Cincinnati Traction Co. v. George.
    Decided May 7, 1912.
    Error to Circuit Court of Hamilton county.

      Messrs. Kittredge, Wilby & Slims on, for plaintiff in error. Messrs. Cogan & Williams and Mr. Thomas L. Michie, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12447.
    The City of Toledo v. Cornelius.
    Decided May 7, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Cornell Schreiber, city solicitor, and Mr. Ashton H. Coldham, assistant city solicitor, for plaintiff in error. Mr. Marion W. Bacome, for defendant in error.
   Judgment affirmed.

Spear, Donahue and O’Hara, JJ., concur.


text:
    No. 12454.
    Studevant v. Roth.
    Decided May 7, 1912.
    Error to Circuit Court of Shelby county.

      Mr. Percy R. Taylor and Mr. Andrew J. Hess, for plaintiff in error. Messrs. Wicoff, Emmons & Needles, for defendant in error.
   Judgment affirmed.

Spear, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12622.
    Harmon, Receiver, v. Brown.
    Decided May 7, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Morison R. Waite and Mr. Julian H. Tyler, for plaintiff in error. Messrs. Marshall & Fraser and Mr. George C. Bryce, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12758.
    Horton v. Cole.
    Decided May 7, 1912.
    Error to Circuit Court of Lake county.

      Messrs. Stearns, Chamberlain & Royon and Mr. Homer Harper, for plaintiff in error. Mr. Harry E. Hammar; Mr. George W. Alvord and Messrs.

      Kline, Tolies & Morley, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12821.
    The City of Columbus v. McCracken et al., Partners as C. T. McCracken & Co.
    Decided May 7, 1912.
    Error to Circuit Court of Franklin county.

      Mr. E. L. Weinland, city solicitor, and Mr. B. W. Gearhart and Mr. Charles A. Leach, assistant city solicitors, for plaintiff in error. Mr. G. J. Marriott and Mr. John A. Connor, for defendants in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12912.
    The Baltimore & Ohio Railroad Co. v. Koons, Admr.
    Decided May 7, 1912.
    Error to Circuit Court of Ashland county.

      Messrs. Arrel, Wilson & Harrington, for plaintiff in error. Mr. E. M. Palmer and Mr. L. J. Myers, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12974.
    The New York, Chicago & St. Louis Railroad Co. v. Gulla, by etc.
    Decided May 7, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. John H. Clarke, for plaintiff in error. Mr. B. D. Nicola and Messrs. Wing, Myler & Turney, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12977.
    Lang et al. v. McCauley.
    Decided May 7, 1912.
    Error to Circuit Court of Seneca county.

      Messrs. Lutes & Lutes and Messrs. Carter & Goodrich, for plaintiffs in error. Mr. Milton Sayler and Messrs. McCauley & Weller, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12978.
    The Toledo, Fostoria & Findlay Electric Ry. Co. v. Southwell.
    Decided May 7, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Jesse Stephens and Mr. G. W. Ross, for plaintiff in error. Mr. M. F. Griffin and Mr. John O. Zabel, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12986.
    Fox v. Queen City Barrel Co. et al.
    Decided May 7, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. I. L. Huddle, for plaintiff in error. Mr. Max Levy and Mr. W. W. Symmes, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12997.
    Renner v. The City of Cincinnati.
    Decided May 7, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. James R. Jordan and Mr. Frank M. Coppock, for plaintiff in error. Mr. Edward M. Ballard, city solicitor, and Mr.

      Walter M. Schoenle, assistant city solicitor, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur.


text:
    No. 13283.
    The Cincinnati Gas, Coke, Coal & Mining Co. et al. v. The Baltimore & Ohio Southwestern Railroad Co. et al.
    Decided May 7, 1912.
    Error to Circuit Court of Hamilton county.

      Messrs. Pogue & Pogue; Messrs. Strieker & Johnson; Messrs. Kramer & Bettman; Mr. Albert Bettinger; Mr. Miller Outcalt; Messrs. Heady, Ferris & McAvoy; Mr. Charles D. Jones and Messrs. Worthington & Strong, for plaintiffs in error. Mr. John W. Peck and Messrs. Harmon, Colston, Goldsmith & Hoadly, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 13293.
    Heffner, Exr., v. Hatfield, Exr.
    Decided May 7, 1912.
    Error to Circuit Court of Sandusky county.

      Mr. D. A. Heffner and Mr. Ben H. Dewey, for plaintiff in error. Mr. Lester Wilson, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 13294.
    Ashley et al., Exrs., v. Hatfield, Exr.
    Decided May 7, 1912.
    Error to Circuit Court of Sandusky county.

      Mr. D. A. Heffner and Mr. Ben H. Dewey, for plaintiffs in error. Mr. Lester Wilson, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12457.
    The Niagara Fire Extinguisher Co. v. The W. H. Hoover Co.
    Decided May 14, 1912.
    . Error to Circuit Court of Stark county.

      Messrs. Wilcox, Parsons, Burch & Adams, for plaintiff in error. Mr. Clarence G. Herbruck and Messrs. McCarty & Pontius, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Johnson, JJ., concur. Donahue, J., not participating.


text:
    No. 12458.
    Hurley, by etc., v. The J. J. Snider Lumber Co.
    Decided May 14, 1912.
    Error to Circuit Court of Franklin county.

      Mr. G. J. Marriott and Messrs. Belcher & Connor, for plaintiff in error. Messrs. Snider & Clutch and Mr. J. E. Todd, for defendant in error.
   Judgment

modified and affirmed as modified. Grounds stated in journal entry.

This court being of opinion that there should not have been a judgment on the pleadings, and being further of opinion that the motion of defendant below for judgment non obstante was properly overruled; and being further of opinion that, inasmuch as the circuit court found that the verdict was manifestly against the weight of the evidence, the judgment that should have been rendered was simply one of reversal, and not a final judgment; which said final judgment is hereby reversed.

And, as above modified, the judgment of the circuit court is affirmed, and the cause remanded to the court of common pleas of Franklin county for further proceedings according to law.

Spear, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12464.
    The Ohio Live Stock Commission Co. v. Levering et al., Partners.
    Decided May 14, 1912.
    Error 'to Circuit Court of Knox county.

      Mr. Columbus Ewalt and Mr. P. L. Wilkins, for plaintiff in error. Mr. L. C. Stillwell and Messrs. Owen & Carr, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear and Sphauck, JJ., concur. Donahue and O’Hara, JJ., not participating.


text:
    No. 12501.
    The Continental Trust & Savings Bank Co. v. Detwiler.
    Decided May 14, 1912.
    Error to Circuit Court of Lucas county.

      Messrs. Rhoades & Rhoades, for plaintiff in error. Messrs. Calkins & Storey, for defendant in error.
   Judgment reversed and judgment of the court of common pleas affirmed.

Davis, C. J., Spear, Shauck and O’Hara, JJ., concur.


text:
    No. 12651.
    Miller v. Miller.
    Decided May 14, 1912.
    Error to Circuit Court of Summit county.

      Messrs. Webber & Turner and Messrs. Wilcox, Parsons, Burch & Adams, for plaintiff in error. Messrs. Allen, Waters, Young & Andress, for defendant in error.
   Judgment reversed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed. And this court finds that .(said Henry E. Miller having died during the lifetime and widowhood of his mother, ApphiaB. Miller), the mortgage executed by the said Henry E. Miller and set up in the petition in the court below, is not a valid lien on the premises described in the petition and conveyed no interest to the mortgagee in said premises, and the court further finds that the said Hattie J. Miller, widow of said Henry E. Miller, is not entitled to any interest whatever in dower, or otherwise, in said premises.

And the court coming now to render the judgment which the circuit court should have rendered, it is ordered and adjudged by this court that the petition of the plaintiff in said court and the cross-petition of said Hattie J. Miller be, and they are hereby, dismissed.

Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12848.
    The Cleveland & Sandusky Brewing Co. v. Scott, Receiver, et al.
    Decided May 14, 1912.
    Error to Circuit Court of Hardin county.

      Mr. George C. Beis and Messrs. Smick & Hoge, for plaintiff in error. Mr. James Ray Stillings and Mr. Phil M. Crow, for defendants in error.
   Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed; it appearing from the finding of facts by the court of common pleas that the goods and chattels in question were held by said Lieurance under a verbal agreement with the company of which plaintiff in error was successor, by which he was to have and use said chattels as long as he continued to sell the beer of said company, and not let any one know but that it was his own, that Lieurance continued to sell said beer until 1899, and that from that time he sold beer of a different company, and retained possession of the said goods until they passed into the hands of the defendant in error receiver in 1906, without payment of rental or other consideration of any kind. The court finds that the provisions of Section 4197, Revised Statutes, not having been complied with, plaintiff had no right of possession of said goods and chattels when taken in replevin in the court below, and finds that under the facts in this case it is not necessary to decide whether and under what circumstances a bailment for hire or loan for a consideration would be taken out of the operation of the statute.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12863.
    The Union Loan Co. v. English.
    Decided May 14, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Clayton Murphy, for plaintiff in error. Mr. Bonn C. Mitchell and Mr. A. J. Croll, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12865.
    The Scioto Valley Traction Co. v. McFarland.
    Decided May 14, 1912.
    Error to Circuit Court of Fairfield county.

      Messrs. Daugherty, Todd & Rarey, for plaintiff in error. Mr. C. W. McCleery, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur. Spear and Donahue, JJ., not participating.


text:
    No. 12871.
    Kennedy et al. v. Holverstott.
    Decided May 14, 1912.
    Error to Circuit Court of Marion county.

      Messrs. Eymon & Thompson, for plaintiffs in error. Messrs. Mouser & Moloney, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 13336.
    Hinz v. The State of Ohio.
    Decided May 14, 1912.
    Error to Circuit Court of Fulton county.

      Mr. B. W. Johnson, for plaintiff in error. Mr. J. B. Templeton, prosecuting attorney, and Mr. J. A. White, for defendant in error.
   Judgment affirmed.

Davis, C. J., Johnson and Donahue, JJ., concur.


text:
    No. 13358.
    The State of Ohio v. Lynch.
    Decided May 14, 1912.
    Error to Circuit Court of Delaware county.

      Mr. E. R. Williams, prosecuting attorney; Mr. W. B. Wheeler and Mr. J. A. White, for plaintiff in error. Messrs. Marriott, Freshwater & Bliss, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear and Johnson, JJ., concur. O’Hara, J., not participating.


text:
    No. 12511.
    Wirth v. The Pittsburg, Fort Wayne & Chicago Railway Co. et al.
    Decided May 22, 1912.
    Error to Circuit Court of Wayne county.

      Mr. Ed. S. Wertz and Mr. Eugene Carlin, for plaintiff in error. Messrs. Allen, Waters, Young & Andress, for defendants in error.
   Judgment affirmed on authority oí The Kinnear Manu facturing Co. v. Beatty et al., 65 Ohio St., 264.

Davis, C. J., Shauck and Johnson, JJ., concur.

Donahue, J., did not participate in the decision.


text:
    No. 12520.
    The Mahoning Valley Railway Co. v. Mayyou, Admr.
    Decided May 22, 1912.
    Error to Circuit Court of Trumbull county.

      Messrs. Arrel, Wilson & Harrington and Mr. Charles Fillius, for plaintiff in error. Messrs. Gillmer & Gillmer and Mr. G. P. Gillmer, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara. JJ., concur.


text:
    No. 12521.
    The Baltimore & Ohio Railroad Co. et al. v. Mowery.
    Decided May 22, 1912.
    Error to Circuit Court of Trumbull county.

      Messrs. Arrel, Wilson & Harrington, for plaintiffs in error. Messrs. Gillmer & Gillmer, for defendant in error.
   Judgment reversed for error in withdrawing interrogatories from jury.

Davis, C. J., Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12522.
    The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Applegate.
    Decided May 22, 1912.
    Error to Circuit Court of Clermont county.

      Messrs. Maxwell & Ramsey, for plaintiff in error. Mr. Samuel A. West and Messrs. Frasier & Hicks, for defendant in error.
   Judgment affirmed.

Davis. C. J., Spear, Shauck,

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12609.
    Martlin v. Martlin.
    Decided May 22, 1912.
    Error to Circuit Court of Franklin county.

      Mr. George D. Jones, for plaintiff in error. Messrs. Wilson & Rector, for defendant in error.
   Judgment affirmed.

Davis, C. J., Johnson and Donahue, JJ., concur.


text:
    No. 12614.
    Wheeling Traction Co. v. McCue.
    Decided May 22, 1912.
    Error to Circuit Court of Belmont county.

      Messrs. Duncan & Kinder; Mr. Albert W. Kennon and Mr. Newell K. Kennon, for plaintiff in error. Mr. James C. Tollman and Mr. W. B. Francis, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12615.
    Wheeling Traction Co. v. Miskell.
    Decided May 22, 1912.
    Error to Circuit Court of Belmont county.

      Messrs. Duncan & Kinder; Mr. Albert W. Kennon and Mr. Newell K. Kennon, for plaintiff in error. Mr. James C. Tailman; Mr. W. T. Dixson and Mr. W. B. Francis, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 13197.
    Cowles et al. v. Cowles et al.
    Decided May 22, 1912.
    Error to Circuit Court of Summit county.

      Mr. A. W. Lamson and Messrs. Carpenter, Young & Stocker, for plaintiffs in error. Messrs. Allen, Waters, Young &

      Andress and Messrs. Loomis & Pfeiffer, for defendants in error.
   Judgment affirmed.

Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 12477.
    The Chicago & Erie Railroad Co. v. Holland.
    Decided May 28, 1912.
    Error to Circuit Court of Marion county.

      Mr. W. O. Johnson and Messrs. Crissinger & Guthery, for plaintiff in error. Mr. H. N. Quigley; Messrs. Mouser & Moloney and Messrs. Scofield & Durfee, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12526.
    Smith v. The Ohio Traction Co.
    Decided May 28, 1912.
    Error to Circuit Court of Butler county.

      Mr. Ed. H. Jones and Mr. Stanley Shaffer, for plaintiff in error. Mr. W. C. Shepherd and Messrs. Paxton, Warrington & Seasongood, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 12530.
    Carpenter v. Hamman.
    Decided May 28, 1912.
    Error to Circuit Court of Butler county.

      Messrs. Andrews, Harlan & Andrews, for plaintiff in error. Mr. M. O. Burns, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12551.
    Ferguson v. Mason.
    Decided May 28, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. M. O. Burns and Messrs. Powell & Smiley, for plaintiff in error. Mr. Wm. Walker Smith and Mr. H. C. Busch, for defendant in error.
   Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed; and the court finds that under the facts shown by the evidence in this case, Section 4238c, Revised Statutes of Ohio, applies, as defendant in error did not participate in the construction of the scaffold, but the court further finds that the court of common pleas erred in its charge to the jury defining the issues, and in the instructions as to the burden of proof.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 12553.
    Swearingen v. Mushrush.
    Decided May 28, 1912.
    Error to Circuit Court of Jefferson county.

      Mr. P. P. Lewis and Mr. J. W. Porter, for plaintiff in error. Messrs. Erskine & Smith, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12774.
    The German Fire Insurance Co. v. Stewart.
    Decided May 28, 1912.
    Error to Circuit Court of Knox county.

      Mr. J. W. Mooney and Mr. R. M. Edmonds, for plaintiff in error. Messrs. Waight & Moore and Mr. W. S. Kerr,
      for defendant in error.
   Judgment affirmed on authority of Ohio Farmers' Insurance Co. v. Burget, 65 Ohio St., 119.

Spear, Shauck, Johnson and O’Hara, JJ., concur. Donahue, J., not participating.


text:
    No. 12899.
    The City of Akron et al. v. Rentschler et al.
    Decided May 28, 1912.
    Error to Circuit Court of Summit county.

      Mr. N. M. Greenberger, city solicitor, and Mr. Jonathan Taylor, assistant city solicitor, for plaintiffs in error. Messrs. Otis, Beery & Otis, for defendant's in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahue, JJ., concur.


text:
    No. 12920.
    Pennsylvania Company v. McKee.
    Decided May 28, 1912.
    Error to Circuit Court of Noble county.

      Mr. A. D. Follett and Mr. A. M. Morris, for plaintiff in error. Mr. J. H. Mackey and Mr. L. B. Frasier, for defendant in error.
   Judgment affirmed.

Davis, C. J., Johnson and Donahue, JJ., concur.


text:
    No. 12921.
    Harmon, Receiver, v. Fearnley et al., Partners as The World’s Fair Wrecking Co.
    Decided May 28, 1912.
    Error to Circuit Court of Hamilton countv.

      Messrs. Harmon, Colston, Goldsmith & Hoadly, for nla intiff in error. Messrs. Fulton & Wonst, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahue, JJ., concur.


text:
    No. 12924.
    Cleveland Furnace Co. v. The Newburgh & South Shore Railroad Co.
    Decided May 28, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews, for plaintiff in error. Messrs. Squire, Sanders & Dempsey, for defendant in error.

   Judgment reversed and judgment for plaintiff in error.

Spear, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12947.
    The City of Delaware v. The Metropolitan Construction Co.
    Decided May 28, 1912.
    Error to Circuit Court of Delaware county.

      Mr. J. R. Selover, city solicitor, for plaintiff in error. Messrs. Marriott, Freshwater & Bliss and Messrs. Overturf & Hough, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear and Johnson, JJ., concur. Donahue, J., not participating.


text:
    No. 12970.
    Clark et al. v. Reber.
    Decided May 28, 1912.
    Error to Circuit Court of Marion county.

      Mr. Fred W. Warner and Mr. H. N. Quigley, for plaintiffs in error. Messrs. Copeland & Bartram; Messrs. Crissinger & Guthery and Mr. H. Edmund Hill, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck and Donahue, JJ., concur.


text:
    No. 12564.
    The Miller Improved Gas Engine Co. v. Macklin, Receiver, et al.
    Decided June 4, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Bowman & Bowman; Messrs. Mathews & Mathews; Mr. John J. Chester and Messrs. Thomas & Hays, for plaintiff in error. Mr. J. W. Mooney; Mr. G. E. Bibbee and Messrs. Outhwaite, Linn & Thurman, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahue, JJ., concur.


text:
    No. 12895.
    In the Matter of Transfer of Territory from the Union Township School District to the Rawson Village School District.
    Decided June 4, 1912.
    Error to Circuit Court of Hancock county.

      Messrs. Axline & Betts, for petitioners. Mr. Charles E. Jordan, for remonstrators.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12948.
    The City of Delaware et al. v. VanDeman et al.
    Decided June 4, 1912.
    Error to Circuit Court of Delaware county.

      Mr. J. R. Selover, city solicitor, and Messrs. Jewell & Benton, for plaintiffs in error. Messrs. Marriott, Freshwater & Bliss and Mr. J. D. VanDeman, for defendants in error.
   Judgment affirmed.

Davis, C. J., Johnson and O’Hara, JJ., concur.


text:
    No. 13023.
    The Cincinnati, Milford & Loveland Traction Co. v. Hatfield, by etc.
    Decided June 4, 1912.
    Error to Circuit Court of Clermont county.

      Mr. Thorne Baker and Mr. Eli H. Speidel, for plaintiff in error. Mr. Louis Hicks
      and Mr. Charles C. Kearns, for defendant in error,
   Judgment reversed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed. And this court proceeding to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the court of common pleas be, and the same hereby is,, reversed for the following reasons: First, that said court erred in the admission of hearsay from the witnesses Cherry and Johnson; and, second, because of the misconduct of counsel for the prevailing party in addressing the jury.

Davis, C. J., Spear, Shauck and O’Hara, JJ., concur.


text:
    No. 13059.
    Price et al. v. Brooker, Admr.
    Decided June 4, 1912.
    Error to Circuit Court of Hocking county.

      Mr. John C. Pettit, for plaintiffs in error. Mr. Edwin D. Ricketts and Mr. C. V-. Wright, for defendant in error.
   Judgment affirmed.

Spear, Shauck and Johnson, JJ., concur.


text:
    No. 13379.

    Ferguson v. The State of Ohio.
    Decided June 4, 1912.
    Error to Circuit Court of Franklin county.

      Mr. M. B. Earnhart, for plaintiff in error. Mr. Edward C. Turner, prosecuting attorney, and Mr. H. S. Ballard, assistant prosecuting attorney, for defendant in error.
   Judgment affirmed.

Spear, Shauck and Donahue, JJ., concur.


text:
    No. 12399.
    The City of Cleveland v. Seither et al.
    Decided June 5, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. Newton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Stevens & Hostetler, for plaintiff in error.Messrs. Smith, Taft & Arter and Mr. S. H. Tolies, for defendants in error.
   Judgment affirmed.

Spear, Donahue, Johnson and O’Hara, JJ., concur.


text:
    No. 12723.
    Smith et al. v. Matthew et al.
    Decided June 5, 1912.
    Error to Circuit Court of Hancock county.

      Mr. G. W. Ross and Mr. C. B. Dwiggins, for plaintiffs in error. Messrs. Finley & Gallinger ; Mr. G. W. Hurd; Mr. Merle N. Poe; Messrs. M. B. & H. H. Johnson; Mr. T. H. Flogsett and Messrs. Squire, Sanders & Dempsey, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 12877.
    Dever, Admr., v. Kirk et al.
    Decided June 5, 1912.
    Error to Circuit Court of Knox county.

      Mr. C. E. Critchfield and Mr. J. B. Graham, for plaintiff in error. Messrs. Waight & Moore and Mr. Rollin R. McIntire, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and O’Hara, JJ., concur. Donahue, J., not participating.


text:
    No. 13164.
    American Sheet & Tin Plate Co. v. Otitia.
    Decided June 5, 1912.
    Error to Circuit Court of Mahoning county.

      Messrs. Hine,

      Kennedy & Manchester, for plaintiff in error. Messrs. Anderson, Cook, Mathews & Cook, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12563.
    Knepfle v. The Cleveland, Cincinnati, Chicago & St. Louis Ry. Co.
    Decided June 11, 1912.
    Error to Circuit Court of Hamilton county.

      Mr. George B. Goodhart and Mr. C. B. Matthews, for plaintiff in error. Messrs. Harmon, Colston, Goldsmith & Hoadly and Mr. A. W. Goldsmith, Jr., for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donapiue, JJ., concur.


text:
    No. 12569.
    Akin v. The Wheeling & Lake Erie Railroad Co.
    Decided June 11, 1912.
    Error to Circuit Court of Stark county.

      Messrs. Welty & Albaugh and Mr. Allen Cook, for plaintiff in error. Messrs. Lynch & Day, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and O’Hara, JJ., concur. Donahue, J., did not participate in the decision.


text:
    No. 12572.
    Alex. D. Shaw & Co. v. Fitzpatrick.
    Decided June 11, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. White, Johnson & Cannon, for plaintiff in error. Mr. John A. Thompson, for defendant in error.
   Judgment reversed and that of common pleas affirmed.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 12589.
    Kilduff v. The Cleveland Railway Co. et al.
    Decided June 11, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Myler & Turney, for plaintiff in error. Messrs. Squire, Sanders & Dempsey, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Spiauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12590.
    The Mahoning Valley Ry. Co. v. Feeney.
    Decided June 11, 1912.
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, Wilson & Harrington, for plaintiff in error. Mr. D. F. Anderson, for defendant in error.
   Judgment reversed and common pleas affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of said circuit court be, and the same hereby is, reversed for error in reversing and in not affirming the judgment of the court of common pleas of Mahoning county in the case of Marie Feeney v. The Mahoning Valley Railway Company. And proceeding to render the judgment said circuit court should have rendered,

It is considered and adjudged that the said judgment of the court of common pleas be and the same is in all respects affirmed, this court being of opinion that the plaintiff’s own evidence clearly shows that her own negligence contributed directly and proximately to her injuries.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur. Donahue, J., not participating.


text:
    No. 12591.
    Norfolk & Western Ry. Co. v. Work et al.
    Decided June 11, 1912.
    Error to Circuit Court of Ross county.

      Messrs. Bannon & Bannon; Mr. H. W. Woodrow and Mr. Theodore W. Reath, for plaintiff in error. Mr. Frank P. Hinton and Mr. Wallace D. Yaple, for defendants in error.
   Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, affirmed; it appearing that the circuit court reversed the judgment of the common pleas court because the verdict of the jury was against the manifest weight of the evidence.

Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12914.
    Cook et al. v. Agostinello et al.
    Decided June 11, 1912.
    Error to Circuit Court of Mahoning county.

      Mr. S. S. Conroy and Mr. S. L. Clark, for plaintiffs in error. Mr. M. C. McNab and Mr. U. C. DeFord, for defendants in error.
   Judgment reversed by consent of all parties to the record, and final judgment rendered.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12925.
    The Johnson Co. v. The Samuel A. Esswein Heating & Plumbing Co.
    Decided June 11, 1912.
    Error to Circuit Court of Franklin county.

      Mr. D. A. Cook and Messrs. Wilson & Rector, for plaintiff in error. Messrs. Vorys,

      Safer, Seymour & Pease, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12598.
    Bonner v. The Continental Trust & Savings Bank Co.
    Decided June 18, 1912.
    Error to Circuit Court of Lucas county.

      Mr. Julian H. Tyler, for plaintiff in error. Mr. Ben W. Johnson, for defendant in error.
   Judgment reversed and that of common pleas affirmed.

Davis, C. J., Spear, Spiauck and Donahue, JJ., concur.


text:
    No. 12926.
    Mitchell et al. v. Sims et al.
    Decided June 18, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Pugh & Pugh, for plaintiffs in error. Mr. Joseph H. Dyer, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12928.
    Williams et al. v. Cline et al.
    Decided June 18, 1912.
    Error to Circuit Court of Lawrence county.

      Mr. A. R. Johnson; Mr. Dan C. Jones and Mr. Jed B. Bibbee, for plaintiffs in error. Messrs. Andrews & Irish and Mr. Evan F. Williams, for defendants in error.
   Tudgment affirmed.

Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 13237.
    Hepner v. The Dayton & Western Traction Co.
    Decided June 18, 1912.
    Error to Circuit Court of Montgomery county.

      Messrs. Mattern & Brumbaugh and Messrs. Routzohn & Greene, for plaintiff in error. Messrs. McMahon & McMahon, for defendant in error.
   Judgment reversed and that of common pleas affirmed.

Davis, C. J., Spear, Donahue and O’Hara, JJ., concur.


text:
    No. 13330.
    The State, ex rel. Manufacturers’ Appraisal Co., v. Sayre, Auditor, etc.
    Decided June 18, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Wilson & Rector, for plaintiff in error. Mr. Edward C. Turner, prosecuting attorney, and Mr. Elerbert C. Sherman, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahue, JJ., concur.


text:
    No. 13335.
    The Pittsburgh & Lake Erie Railroad Co. v. Fox.
    Decided June 18, 1912.
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, Wilson, Harrington & DeFord, for plaintiff in error. Messrs. Anderson, Cook, Mathews & Cook, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 12592.
    The Mahoning Valley Railway Co. v. Magnitto.
    Decided June 27, 1912.
    Error to Circuit Court of Mahoning county.

      Messrs.

      Arrel, Wilson & Harrington, for plaintiff in error. Mr. D. F. Anderson, for defendant in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur. Donahue, J., not participating.


text:
    No. 12892.
    Phillips v. Balmond et al.
    Decided June 27, 1912.
    Error to Circuit Court of Trumbull county.

      Messrs. Fillius & Fillius and Mr. Warren Thomas, for plaintiff in error. Messrs. Gillmer, Gillmer & Gillmer and Mr. D. R. Gilbert, for defendants in error.
   Judgment affirmed.

Davis, C. J., Shauck and Donahue, JJ., concur.


text:
    No. 12933.
    Noonan v. Spieth.
    Decided June 27, 1912.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Wing, Myler & Turney, for plaintiff in error. Messrs. White, Johnson & Cannon, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12937.
    Masten v. Levy et al.
    Decided June 27, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. Walter D. Meals, for plaintiff in error. Mr. Jacob DeKaiser and Mr. J. M. Shallenberger, for defendants in error.
   Judgment affirmed.

Spear, Johnson and O’Hara, JJ., concur.


text:
    No. 12939.
    The Schatzinger Consolidated Realty Co. v. The Cleveland Short Line Railway Co. et al.
    Decided June 27, 1912.
    Error to Circuit Court of Cuyahoga county.

      Mr. P. G. Kassulker, for plaintiff in error. Messrs. Kline, Tolies & Morley and Mr. Walter D. Meals, for defendants in error.
   Judgment affirmed.

Spear, Shauck and Donahue, JJ., concur.


text:
    No. 12949.
    The M. Hamm Co. v. McLean.
    Decided June 27, 1912.
    Error to Circuit Court of Fayette county.

      Mr. John Logan and Messrs. Post & Reid, for plaintiff in error. Mr. Humphrey Jones and Messrs. Gregg & Gregg, for defendant in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12954.
    Shedd et al., Partners, v. Cooke.
    Decided June 27, 1912.
    Error to Circuit Court of Franklin county,

      Mr. E. D. Howard, for plaintiffs in error. Mr. Smith W. Bennett, for defendant in error.
   Judgment affirmed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.


text:
    No. 12955.
    Hays, Receiver, v. Ireland, Admr., et al.
    Decided June 27, 1912.
    Error to Circuit Court of Fayette county.

      Mr. John Logan, for plaintiff in error. Messrs. Creamer, Creamer & Thompson; Messrs. Post & Reid and Mr. H. H. Sanderson, for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear, Shauck, Johnson, Donahue and O’Hara, JJ., concur.


text:
    No. 13005.
    Babcock, Guardian, v. Monypeny, Exr. and Trustee, et al.
    Decided June 27, 1912.
    Error to Circuit Court of Franklin county.

      Messrs. Addison, Sinks & Babcock and Mr. Frank Tossey, for plaintiff in error. Messrs. Pugh & Pugh; Messrs. Andrews, Harlan & Andrews; Mr. J. T. Holmes and Mr. T. J. Keating, for defendants in error.
   Judgment affirmed.

Shauck, Johnson and O’Hara, JJ., concur.


text:
    No. 13093.
    Fisher v. Fisher et al.
    Decided June 27, 1912.
    Error to Circuit Court of Wayne county.

      Messrs. Kean & Adair, for plaintiff in error. Mr. L. R. Critchfield, Sr.; Mr. A. D. Metz and Mr. L. R. Critchfield, Jr., for defendants in error.
   Judgment affirmed.

Davis, C. J., Spear and Donahue, JJ., concur.


text:
    No. 13426.
    The Baltimore & Ohio Railroad Co. v. Railroad Commission of Ohio et al.
    Decided June 27, 1912.
    Error to Circuit Court of Frankling county.

      Mr. F. A. Durban and Mr, Robert J. King, for plaintiff in error. Mr. Timothy S. Hogan, attorney general; Mr. Charles C. Marshall; Mr. Robert H. Jamison and Mr. Richard Inglis, for defendants in error.
   Judgment affirmed.

Johnson, Donahue and O’Hara, JJ., concur. Shauck, J., not voting.


text:
    No. 13643.
    Selvaggio v. The State of Ohio.
    Decided June 27, 1912.
    Error to Circuit Court of Sandusky county.

      Messrs. Guerin & Ritter, for plaintiff in error. Mr. Henry Hart, prosecuting attorney, and Mr. George C. Beis, for defendant in error.
   Judgment affirmed. Sentence to be carried into execution on the 23 rd day of August, 1912.

Davis, C. J., Shauck, Johnson and O’Hara, JJ., concur.


author: O'Hara, J.

text:
    McKelvy v. The State of Ohio.

      Punishment of father for failure to support illegitimate child — May be penitentiary imprisonment — Jurisdiction of justice of peace— Section 13008, General Code — Compromise of bastardy proceedings — Section 12114, General Code — Bar to subsequent proceedings, when — Section 12970, General Code.

    !'. As the punishment provided by Section 13008, General Code of Ohio, for failure by a father to support his illegitimate child may be imprisonment in the penitentiary, this makes such offense a felony, and a justice of the peace therefore has no jurisdiction to try a person accused of violating said section, but is only authorized to conduct a preliminary examination and either discharge the accused or recognize him to appear .before the proper court.

      2. Where a bastardy proceeding has been compromised under and in full accordance with Section 12114, General Code of Ohio, and all the provisions of the compromise have been complied with and carried out by the defendant, this constitutes a complete bar to a subsequent proceeding against him under either Section 13008 or Section 12970, General Code, for failure to support his same illegitimate child.
    (No. 13581
    Decided November 12, 1912.)
    Error to the Circuit Court of Knox county.
    The facts are stated in the opinion. ■

      Mr. W. F. Garver for plaintiff in error.
    A judgment or compromise in a bastardy proceeding, is a bar to a criminal proceeding for non-support of the same bastard child.
    Section 12123 provides that the putative father shall stand charged with the maintenance of the child in such sum as the court orders. Section 12134 provides that when the woman neglects to bring suit for its maintenance, certain officers may bring suit. And may recover on bond given by defendant. Section 12135, General Code. In case a compromise is effected, the accused shall give recognizance to the state. Section 12114, General Code. But the original section provided that this recognizance should be for the benefit of the township in which such bastard child shall be born. Perkins v. Mobley, 4 Ohio St., 669; Kezartee v. Cartmell, 31 Ohio St., 523; Clark v. Petty, 29 Ohio St., 452; Musser v. Stewart, 21 Ohio St., 353.

      A compromise in bastardy is the same as a judgment in bastardy and is a bar to a second proceeding in bastardy. State, ex rel., v. Van Vorhis, 4 C. D., 30, 9 C. C., 239; State v. Veres, 75 Ohio St., 138.
    The compromise in bastardy amounts to the same as a conviction for non-support of the child, and the reputed father cannot be tried twice for the same offense. Bainbridge v. State, 30 Ohio St., 264; Section 10, Article I, Constitution; Mitchell v. State, 42 Ohio St., 383.
    Faye Bickel was burdened with the support of this child. She brought an action to compel Mc-Kelvy to support it. He paid an amount satisfactory to her. Then the matter is res adjudicata. State, ex rel., v. Judges, 69 Ohio St., 372; Shoemaker v. Cincinnati, 68 Ohio St., 603; Koelsch v. Mixer, 52 Ohio St., 207.
    A decision upon any material point is conclusive, though the subject-matter of the two suits is different. A judgment is conclusive not only as to the subject-matter in suit, but as to all other suits which, though concerning other subject-matter, involve the same questions of controversy. Hixson v. Ogg, 53 Ohio St., 361; 5 Cyc., 637; Fulton v. Fulton, 52 Ohio St., 229.
    Any attempt by the legislature to confer jurisdiction upon justices to try cases for violation of Section 13008, General Code, is clearly unconstitutional. Section 10, Article I, Constitution; Dillingham v. State, 5 Ohio St., 280; Finnical v. Cadis, 61 Ohio St., 494; Section 20, Article IV, Constitution; 12 Cyc., 133; State, ex rel., v. Hamilton, 2. C. D., 6, 3 C. C., 10; Smith v. State, 14 C. D., 140.
    The legislature has the right to provide in felony cases, alternative punishments to be left at the discretion of the court, of such a nature as belong to misdemeanors; and this discretion to mitigate.the punishment, does not alter the nature of the crime. State v. Waller, 43 Ark., 381; People v. War, 20 Cal., 117; Turner v. State, 40 Ala., 21; State v. Smith, 32 Me., 369; State v. Mayberry, 48 Me., 218; Smith v. State, 33 Me., 48; State v. Melton, 117 Mo., 618; State v. Clayton, 100 Mo., 516; Johnston v. State, 7 Mo., 183; State v. Lehr, 16 Mo. App., 491; State, ex rel., v. Johnson, 138 Mo. App., 306; State v. Wilson, 140 Mo. App., 726, 126 S. W. Rep., 996; Benton v. Commonwealth, 89 Va., 570; Quillin v. Commonwealth, 105 Va., 874; State v. Harr, 38 W. Va., 58.

      Messrs. William. H. Koons S’ Sons, for defendant in error.
    The plaintiff filed a plea in abatement to the effect' that he had settled with the mother, and therefore, if she choose to let his baby starve, it was no concern of his.
    The plea is bad; no act of the mother could absolve the duty imposed by nature and the law, by both God and man, that every father must care for his child, and he must know that this duty is being' performed.'
    Again,’ -the plea came too late, and the court in its discretion, might refuse to allow a plea in abatement, after arraignment and a plea of not guilty. • -:
    The plea of not guilty was a waiver of alb/de^ fects. Section 13625, General Code; Harlow v. State, 1 N. P., N. S., 323.
    A plea in abatement presupposes some evidence offered in its support, usually a record. This plea was finally submitted but no effort made to support it by any proof, so that no prejudicial error could be predicated thereon.
    Again, the plea if good at all was not in abatement, but in defense, and we have shown it was not good there.
    The supreme court comments upon Section 3140-2, Revised Statutes, in Ogg v. State, 73 Ohio St., 61; State v. Veres, 75 Ohio St., 138; State v. Stouffer, 65 Ohio St., 47.
    The record of a conviction in a bastardy case is not admissible against a defendant in a nonsupport case. Gee v. State, 60 Ohio St., 485; Bowen v. State, 56 Ohio St., 235.
   O'Hara, J.

The plaintiff in error was arrested in May, 1911, and tried before a justice of the peace and jury in Clinton township, Knox county, Ohio, upon the affidavit of one Faye Bickel, charging him with failure to support their illegitimate minor child. A verdict of guilty was rendered, and plaintiff in error was sentenced to pay a fine of two hundred dollars and the costs, and to • be imprisoned in the workhouse for six months. Error was prosecuted by him to the' court of common pleas of Knox county, where the judgment of the justice was reversed and the plaintiff in error discharged. On error to the circuit court, however, the judgment of the court of common pleas was reversed and that of the justice affirmed, and these proceedings are now brought to reverse the judgment of the circuit court and affirm that of the common pleas.

The prosecution was based upon Section 13008, General Code, which is as follows: “Whoever, being the father, or when charged by law with the maintenance thereof, the mother, of a legitimate or illegitimate child under sixteen years of age, or the husband of a pregnant woman, living in this state, being able by reason of property, or by labor or earnings, to provide such child or such woman with necessary or proper home, care, food and clothing, neglects or refuses so to do, shall be imprisoned in a jail or workhouse at hard labor not less than six months nor more than one year, or in the penitentiary not less than one year nor more than three years.”

Plaintiff in error attacks the jurisdiction of the justice to render final judgment under this section, for the reason that the offense therein charged is a felony, and that he could be put upon trial therefor only after presentment or indictment by a grand jury, as provided in Article I, Section 10, of the Constitution of Ohio.

Section 12372, General Code, provides" that offenses which may be punished by death or by imprisonment in the penitentiary are felonies, and that all other offenses are misdemeanors.

As the punishment for the offense charged herein may be imprisonment in the penitentiary-under Section 13008 above, this fixes its character and makes it a felony, notwithstanding the fact that it may also be punished as a misdemeanor. 1 Bish. Crim. Law (8 ed.), Sec. 619; 12 Cyc., 132; State v. Mayberry, 48 Me., 218; Quillin’s Case, 105 Va., 874; State v. Waller, 43 Ark., 381; People v. War, 20 Cal., 117; State v. Melton, 117 Mo., 618; State v. Hamilton, 3 C. C., 10, 2 C. D., 6; Smith v. State, 24 C. C., 140, 4 C. C., N. S., 101.

The jurisdiction of a justice of the peace in felonies is limited by Section 13422, General Code, to a preliminary examination, and he is only authorized thereby to discharge the accused, or recognize him to be and appear before the proper court. It is apparent therefore, that the justice had no jurisdiction to try the plaintiff in error herein for an offense charged under Section 13008, General Code, and the judgment of the circuit court for that reason is erroneous and should be reversed, and that of the common pleas affirmed.

It appears from the record that in May, 1910, an affidavit had been filed before the same justice of the peace by said Faye Bickel charging plaintiff in error with being the father of her bastard child, being the same mentioned in her subsequent affidavit for failure to support, and that the plaintiff in error was thereupon arrested and taken before the justice. Shortly thereafter a compromise was effected, and plaintiff in error paid the mother $350 in full satisfaction of all claims, together with the costs of the proceeding, and also gave a bond for the maintenance of the child in the sum of $200, with sufficient surety to the approval of the justice. This agreement was acknowledged by both parties in the presence of the justice and entered upon his docket, whereupon the plaintiff in error was discharged from custody. These proceedings were had pursuant to Section 12110, et seq., General Code, and were set up and relied upon by plaintiff in error as a bar to the present proceeding. The main purpose of the legislation covered by the above sections is shown by its history and the decisions of this court to be for the support of bastard children and to prevent their becoming a charge upon the public. And after the law has been invoked and the reputed father has been brought within its jurisdiction, the mother loses control of the proceedings and has no power to release the father except according to the provisions of the law. Perkins v. Mobley, 4 Ohio St., 668.

The législation which is now included in Sections 13008, et seq., under which the present proceeding is prosecuted, is of comparatively recent origin and is much more comprehensive. It includes within its provisions the mother as well as the father of an illegitimate child, the parents of legitimate children and the husband of a pregnant woman. The punishment is also much more severe, making the offense a felony, and this statute has therefore been construed to be of a criminal nature. For this and other reasons it is claimed that the prosecution of the father of a bastard child under the former statutes, is not a bar to his prosecution under the latter, but that their provisions are cumulative, and attention is called to the case of State v. Veres, 75 Ohio St., 138, where it was held that the pendency of a bastardy proceeding instituted against the father of an illegitimate child is neither a bar to, nor ground for the abatement of, a prosecution under Section 13008 above. If the only purpose of this legislation were to declare the offense a crime and to punish the guilty father, there would be force in the contention that there could be no such bar to the criminal prosecution as - is claimed herein. But it is provided by Section 13010, General Code, that a person convicted under Section 13008 may appear before the court in which the conviction took place, and enter into a bond to the State of Ohio in a sum fixed by the court not less than five hundred dollars nor more than one thousand dollars, with approved sureties, conditioned that he will furnish the necessary and proper support for his child, and that sentence may thereupon be suspended. In the bastardy proceeding, when a compromise is effected, the accused must furnish a bond to the approval of the justice, under Section 12114, or when he is convicted upon trial in the 'common pleas court he must give security to the approval of the court, under Section 12123, both conditioned for the maintenance of his child. The law has thus expressly provided practically the same remedy to accomplish the same purpose under both acts.

Having established these two concurrent and identical means of protecting the state and the unfortunate. child, by the authority and upon the deliberate judgment of tribunals especially designated under the law for the particular purpose, we can see no reason why the exercise of one remedy, with its complete satisfaction, should not operate as a bar to the exercise of the other, or why a defendant under such conditions should be harassed, and possibly persecuted, by the requirement of a double security, when he has fulfilled his obligation in the one instance and may be unable to do so in the other.

The view of the law which we have here taken was clearly foreshadowed by this court in its opinion in the recent case above cited. After discussing the provisions of the bastardy act and of Section 3140-2, Revised Statutes, now Section 13008, General Code, and the nature of the proceeding thereunder, Judge Crew draws a parallel between the purposes of the two acts, and states that they each provide a remedy for the enforcement of the same natural duty, that is, the support by the father of his illegitimate child. He then uses the following language: “And the remedies they afford for the enforcement of this duty being entirely consistent with each other, the rule is well settled that the satisfaction of one is the only bar to the prosecution of the other.” State v. Veres, 75 Ohio St., 138, at page 143.

In the case at bar the record clearly shows that all the requirements of the bastardy act were complied with in the former proceeding, and that full and complete satisfaction thereof was made by the plaintiff in error. It follows, therefore, that this was a bar to the present proceeding, and that plaintiff in error was entitled to be discharged. For this reason, also, the judgment of the common pleas court should be affirmed and that of the circuit court reversed.

Although this proceeding has been treated throughout as having been brought under Section 13008, General Code, there is a suggestion in the record that it was also brought under Section 12970, which provides a punishment for wilfülly abandoning a minor child, or wilfully, unlawfully or negligently failing to furnish it necessary and proper food, clothing and shelter, jurisdiction of which offense is given to justices of the peace by Section 13423, General Code. Upon the assumption that the proceeding was and could properly be so brought, which is controverted by the plaintiff in error however, we are of the opinion that the settlement and satisfaction in the bastardy case above referred to, would also be a complete bar to a prosecution under said Section 12970, for the reasons hereinbefore given.

As the matters above decided finally dispose of the case, the other errors alleged are not considered.

The judgment of the circuit court will therefore be reversed and that of the common pleas affirmed, and it is so ordered.

Judgment reversed.

Davis, C. J., Shauck, Johnson and Donahue, JJ., concur.