text:
    The City of Akron v. Huber.

      Improvement of street — Injuries caused by grade — Municipality not liable to owners of abutting property, when.

    The doctrine recognized in this state respecting the liability of a municipality for injuries to improved abutting property resulting from changes in grades of streets does not extend such liability to a case in which no grade has been established prior to the improvement of the property and where the grade subsequently established is not unreasonable. (The City of Akron v. The Chamberlain Company, 34 Ohio St., 328, approved and followed.)
    (No. 10389
    Decided June 26, 1908.)
    Error to the Circuit Court of Summit county.
    Huber brought suit in the court of common pleas to recover from the city of Akron damages alleged to have been sustained by him by reason of the change of the grade in South street, upon which real estate owned by him abuts. Upon the trial in- the court of common pleas the cause was submitted to a jury upon the allegations of the •pleadings, the admissions of the parties in open court made for the purposes of the trial, the evidence offered by Huber, the city offering none, and the instructions given by the trial judge. The material facts so presented'were as follows: Huber purchased his lot of 35 feet by 153 feet in 1887. It was not, at that time, within the corporate limits of Akron, but in Coventry township. The street had been opened as a public highway in 1817, and had been so used continuously since that date. In 1887 Huber erected his house upon the lot. The roadway and Huber’s lot became a part of the city of Akron by extension of its corporate limits in 1889. The cutting down of the street in front of his premises occurred in 1902, prior to which date no grade had been fixed, either .by action of the public authorities, or by the construction of a roadway. A little less than one hundred feet of the traveled way, including the portion upon which Huber’s lot abuts, was upon continuous outcropping rock, which had always determined the grade, upon which the road was used. Its surface was irregular and "the grade of the way steep. The ground in the vicinity was •rugged, a portion of Huber’s lot being several feet below the present grade of the way. The improvement of the street was made to adapt its grade and condition to the necessities of increasing travel. It consisted in removing the sandstone to a line a little less than three feet below the front portion of Huber’s lot, leaving it still higher than other portions of his lot. By reason of this change Huber was put to some expense in changing the way from the street to his lot, and in constructing a low retaining- wall to keep in place' such soil as was there or he might place there. On this undisputed state of facts , the court gave to the jury some instructions, refusing others, all of which will be sufficiently adverted to in the opinion. The jury returned a verdict in favor of the city. A motion for a new trial was made and overruled, and judgment was entered upon the verdict. Huber thereupon filed a petition in error in the circuit court where the judgment of the court of common pleas was reversed. This proceeding in error is for the reversal of the judgment of the circuit court.

      Mr. Clyde F. Beery, city solicitor, for plaintiff in error.

      Messrs. Tibbals, Frank & Ream, for defendant in error.
   Shauck, J.

The mandate of the circuit court does not specify the ground upon which it reversed the judgment of the court of common pleas as is require’d by Section 6709, Revised Statutes. But it does not seem necessary to vacate the judgment and remand the cause to the circuit court for the performance of that duty since, the record places us in possession of the uncontroverted facts and enables us to render a judgment which will end the controversy. The city introduced no evidence upon the trial, and, according to the record, there was presented in the trial court a case which required, so far as the right to recover was concerned, nothing but an application of the law to facts conclusively established.

We learn from the briefs that the courts below differed, as counsel now differ, respecting- the liability of municipalities in cases of this character, and especially respecting former decisions by the courts of' this state upon the subject, the cases being cited in the briefs. The doctrine of municipal liability invoked in the case, is, as is well known, peculiar to Ohio, but it does not seem that since the decision of City of Akron v. The Chamberlain Company, 34 Ohio St., 328, that peculiar doctrine can be so extended as to embrace the case here presented. The material facts are, that when the plaintiff made his improvements no grade for the highway had been established, either by actual construction, or by any declaration of any public authority. Until what is alleged to have been the change of grade in 1902, the way at this point had followed the natural surface of the rock without any change whatever. The grade, for the first time authoritatively established in 1902, was reasonable in view of the necessities of public travel. All the facts presented to the plaintiff below, when he made his improvement, admonished him that when travel should be provided for, the removal of a portion of the rock would be necessary. If, when he made his improvement, he was not of the opinion that he' would prefer that his lot should be two or three feet above the street, he did not improve with reference to the subsequent establishment of a reasonable grade. Upon this state of facts the case of Akron v. The Chamberlain Company is conclusive, and the distinct announcement of the law in the second proposition of the syllabus in that case, together with the able exposition of the law by Mcllvaine, J., leaves no occasion for further comment here.

No consideration whatever seems to be due to the fact that Huber’s lot was outside the city when he made his improvement, since no grade had ever been established in any mode by any public authority prior to the making of Huber’s improvements. It seems entirely clear, therefore, that the common pleas judge should have avoided the chance of a mis-trial by directing the jury to return a verdict in favor of the city. But such a verdict was returned by the jury, and, as the plaintiff below had no cause of action, no error prejudicial to him could have been committed in any instruction given by the trial judge.

Judgment of the circuit court reversed and that of the common pleas affirmed.

Price, C. J., Crew, Summers, Spear and Davis, JJ., concur.


source: Caselaw Access Project

author: Price, C. J.

license: Public Domain

text:
    Steele v. Karb, Sheriff.
    , Jurisdiction of justices of peace — To hear criminal cases — Not limited to township — Section 6io, Revised Statutes.

    Under the provisions of Section 610, Revised Statutes, a justice of the peace has “jurisdiction in criminal cases throughout the county in which he is elected and where he resides,” and his authority to hear and dispose of a criminal case in the manner prescribed by the statute, is not limited to the township for which he is elected and where he resides.
    (No. 10381
    Decided June 26, 1908.)
    Error to the Circuit Court of Franklin county.

      The case is stated in the opinion.

      Mr. Fred C. Rector, for plaintiff in error.

      Messrs. Pugh & Pugh; Mr. N. ■ W. Dick and Mr. Elwood Murphy, for defendant in error.
   Price, C. J.

On or about' the 15th day of November, 1905, the plaintiff in error under the name of Fred Francis was arrested on a warrant issued by Charles G. Lakin, a justice of the peace, for unlawfully hunting", upon the premises — the farm land of Mary E. Pless — without the written permission of the owner-, or her authorized agent, to enter upon said lands and hunt game thereon. The affidavit on which the warrant issued charged Steele, alias Francis, with unlawfully going upon the lands with a shotgun for the purpose of hunting without the written permission of the owner or her agent, and that this was done in Franklin county, Ohio. The affidavit on which the warrant was issued was made by Bert Schoene, a game warden, and it was he who executed the writ and took the prisoner before said Lakin, who was a justice of the peace for Perry township in Franklin county. On being arraigned, the prisoner plead guilty to the charge, and the justice adjudged that he pay a fine of ten dollars and the costs,' taxed at $5.30, and in default of payment thereof, he be committed to the county jail one day for each one dollar of such fine and costs, or until otherwise released according to law.

The prisoner refused or was unable to pay the fine and costs and the justice committed him to the county jail on a mittimus issued for that purpose, and on the i8th day of November, 1905, U. S. Morris presented to the court of common pleas his petition in which he alleged that said Charles Steele was being unlawfully restrained of his liberty and imprisoned by George J. Karb, sheriff of Franklin county. It was further alleged that the pretended cause of his imprisonment was by virtue of a pretended judgment rendered, or attempted to be rendered, by one Charles G. Lakin, a justice of the peace in and for Perry township, and that the commitment of said Charles Steele, under the assumed name of Fred Francis, was issued by said justice. The petition recites the commitment and then alleges that the justice had no jurisdiction to issue the warrant, render the judgment rendered, or make the order of commitment, because said Lakin, pretending to act as a justice of the peace in issuing said process, rendering the judgment and making said order, attempted to hold court and try the charges preferred against said Steele outside the limits of Perry township in said county, for which township he was elected justice of the peace.

A writ of habeas corpus was issued on the petition and the matter was heard on evidence, which developed the fact that the justice of the peace conducted the proceedings, took the plea of guilty and sentenced the prisoner while outside the boundaries of Perry township although within the boundaries of Franklin county.

It was claimed by the prosecution that when Steele was taken before the justice who was then outside of said township, that he consented to the case being then and there disposed of and thus consented to jurisdiction being exercised outside óf Perry township.

The common pleas court held the proceedings void for want of jurisdiction and released the prisoner. The case was taken on error to the circuit court where the judgment of the common pleas was reversed. The case is here on error to reverse the judgment of the circuit court.

Which of the lower courts rendered the proper judgment? is the question presented in the record.

It is said by counsel for plaintiff in error, in terms of bitter complaint, that “Squire Lakin roamed at large over Franklin county in company with deputy game wardens, and held court wherever he happened to be in the county, it mattered not whether he was in the township for which he was elected or not. Whenever he was confronted with a game warden and a boy he proceeded to hold court, fine the defendant and usually imprison him * * Perhaps the justice believed he had legal authority for his course of conduct, or he may have desired to emulate the customs of the circuit-rider of the early times, who was inspired with a sense of duty to carry the divine message to the humblest cabin within his circuit. Or, this justice may have concluded to dispense justice or injustice in any part of his county in certain cases in conformity to an old notion that a broken law is best avenged by inflicting the punishment on the scene where the offense was committed. Whatever may have been the. prevailing motive, it seems to have been true in this case that he took the plea of guilty and sentenced the prisoner outside of Perry township, which was the township of his 'residence and' where he was elected to that office. But is it a case of a migratory officer carrying his jurisdiction upon his person so that he could sit down as a court in any part of the county and there hear and determine a case like the one so conspicuous in the record?

Section 6io, Revised Statutes, provides: “Every justice of the peace shall be a conservator of the peace, and shall have jurisdiction in criminal cases throughout the county in which he is elected and where he resides, on view, or on sworn complaint, to cause every person charged with the commission of a felony or misdemeanor to be arrested and brought before himself, or some other justice of the peace, and on such person being brought before him, to inquire into the complaint, and either discharge or recognize to be and appear before the proper court at the time in such recognizance named, or otherwise dispose of the complaint as is provided by law * * *.”

As to the territorial jurisdiction the above is like that conferred by “An act defining the powers and duties of justices of the peace and constables in criminal cases,” which passed March 27, 1837, and took effect July 4, 1837. See S. & C. Statutes, p. 810. There it is said: “Every justice of the peace shall have jurisdiction in criminal cases throughout the county in which he was elected, and where he shall reside. And he shall be a conservator of the peace therein * * So it is, that the territorial extent of his jurisdiction has been of long standing in criminal cases, and then as now his warrant may command the ministerial officer to arrest the accused party and bring him before the issuing justice, or some other in the county. Then as now he was a conservator of the peace throughout the county. There is no limitation as to where the examination or trial shall be held. No court house or fixed place of holding court is provided for such officers as a •general rule, and if the magistrate has jurisdiction of criminal cases throughout the county, he has jurisdiction of an offense or crime committed in any township in the county “in which he is elected and where he resides.” And on view or on sworn complaint while in any township, Section 610, supra, makes it the duty of the justice “to cause every person charged with the commission of a felony or misdemeanor to be arrested and brought before himself or some other justice,” et cetera.

In case such a magistrate, per chance or per purpose, is abroad from his own township but in the county where “he is elected and resides,” on view of the commission of a crime, he may cause the arrest of the perpetrator on such view, or on sworn complaint, and that he be brought before himself or some other justice of the peace. Must the magistrate return to the confines of his own township in order to try the accused party? The crime was committed in the county but outside of the township where the magistrate resides and where he was elected. Clearly he has jurisdiction over the crime or offense, because it was committed in his county, and it is equally clear that he can cause the arrest while outside of his own township but within the county. Having jurisdiction of the offense throughout the county and the right to cause the arrest in the township where the same was committed, it seems reasonable that the trial, if one is had, or the plea of guilty taken, if such plea is offered, may be had or taken in the same township, and that, having taken jurisdiction of both the offense and the offender, the justice may there determine the case. Unless the statute requires it, it would be in the discretion of the justice to try the accused in the township where the offense was committed and the arrest made, or to return to and open court in his own township. The statute does not forbid him holding the trial outside of his own township. Having jurisdiction of crimes throughout the county, he may hear and determine as to them in any township in the county. There is some significance in the clause of the section (6io) which makes it the duty of the justice, “on view or on sworn complaint, to cause every person charged with the commission of a felony or misdemeanor, to be arrested and brought before himself, or some other justice of the peace * * What other justice of the. peace? It does not mean the other justice of the peace of his township, but as we construe the language, any other justice of the peace in the county where the offense was committed. In that casé1 such other justice may try and determine the guilt or innocence of the accused in his own township if he prefers so to do. Or, he may go to the township where the offense occurred, if the convenience of witnesses and parties would be promoted. In briefer words, if the justice has jurisdiction in criminal cases throughout the county as the statute provides, he has jurisdiction of the criminals throughout the county. Commenting on the case of Stark v. Treat, decided by the circuit court of Cuyahoga county, reported in 6 C. C., N. S., 286, counsel for plaintiff in error says, that in that case the justice heard the evidence in Cleveland township in that county, but the judgment was entered on the docket in Brooklyn township where the justice resided. That was a civil action and involved the construction of Section 582, Revised Statutes, which is materially different from Section 610, supra. It would seem strange indeed if the justice may hear the evidence and arguments outside of his township, but must return home in order to express his opinion. Counsel urge that “Section 582 must be read in connection with Section 610 as also a prohibition in criminal as well as civil cases, and in fixing the situs within which the magistrate may hold court.”

Let us notice that section. It provides: “The jurisdiction of justices of the peace in civil actions, .lless otherwise directed by law, is limited to the township wherein they have been elected, and /wherein they reside; but no justice of the peace shall hold court outside the limits of the township for which he was elected.”

This is the law after the section was amended April 19, 1898. See 93 O. L., 146. *The last clause of the present section, to-wit: “But no justice of the peace shall hold court outside the limits of the township for which he was elected,” was added to the former language of the section, and so it has since remained.

That such restriction does not pertain to criminal cases is very apparent. The section itself confines the definition of jurisdiction to civil cases, and it may be reasonably surmised that prior to the foregoing amendment, the right to hold court in civil cases outside of the township for which the justice was elected, was claimed and to some extent practiced. To hedge against and settle all doubt upon the subject was the intent of the legislature in adding the clause just quoted. No such clause is found in Section 6io. The legislature in said Section 582 provides that “the jurisdiction of justices of the peace in civil cases, .unless otherwise directed by law, is limited to the township wherein they haAre been elected, and wherein they reside.” While by virtue of Section 610, they have jurisdiction in criminal cases throughout the county and there is no prohibition against holding criminal court outside of the township for which they were elected, and in which they reside. They have this jurisdiction throughout the county in which they are elected and where they reside. This is an old jurisdiction, as we have seen, and during the many years of its existence, the legislature has not seen fit to limit it as it has in civil cases, and we think this argues against the contention of the plaintiff in error.

The jurisdiction of the justice in the case before us is sought to be strengthened by the fact that: the accused, now plaintiff in error, consented to the charge against him being heard outside of Perry township. The record shows he plead guilty, but whether consent to a hearing outside the township for which the jurisdiction was elected would give jurisdiction, we need not determine, for we place the jurisdiction on the broader grounds furnished by the statute.

• We therefore hold that this alleged omnipresent justice had jurisdiction to take the plea and impose the sentence found in the record.

Judgment affirmed.

Crew, Summers, Spear and Davis, JJ. concur.'


text:
    No. 10002.
    Charles v. Fawley et al.
    Decided February 25, 1908.
    Error to Circuit Court of Highland county.

      Mr. L. R. Duckwall and Mr. Henry M. Huggins, for plaintiff in error.

      Mr. J. Frank Wilson, for ‘defendants in error.
   Judgment affirmed.

Shauck, C. J., Crew and Summers, JJ., concur.


text:
    No. 10016.
    The Toledo, Bowling Green & Southern Traction Co. v. McFall.
    Decided February 25, 1908.
    Error to Circuit Court of Wood county.

      Messrs. J. A. & E. V. Bope, for plaintiff in error.

      Mr. W. M. McMillen and Mr. Edward Beverstock, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10032.
    Hoffman v. Steinfurth.
    Decided February 25, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Miller & Linder, for plaintiff in error.

      Mr. John A. Nieding and Mr. H. W. Ewing, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10046.
    Heisley v. Heisley.
    Decided February 25, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Arnold Green, for plaintiff in error.

      Messrs. Hills & Van Derveer, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Crew and Spear,- JJ., concur.


text:
    No. 10061.
    Moser v. Chambers, Sheriff.
    Decided February 25, 1908.
    Error to Circuit Court of Lucas county.

      Mr. A. F. Hanson, for plaintiff in error.

      Mr. J. S. Martin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10159.
    Erie Railroad Co. v. Moore et al.
    Decided February 25, 1908.
    Error to Circuit Court of Portage county.

      Messrs. Cushing & Clarke and Mr. I. T. Siddall, for plaintiff in error.

      Mr. J. FI. Nichols, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10162.
    Moree, Admr., v. Andrews, Exr.
    Decided February 25, 1908.
    Error to Circuit Court of Knox county.

      Mr. C. E. Critchñeld and Mr. I. B. Graham, for plaintiff in error.

      Messrs. FI. H. & R. M. Greer and Mr. Columbus Ewalt, for defendant in error.
   Judgment affirmed on authority of Richey, Exr., et al. v. Johnson et al., 30 Ohio St., 288, and Renner et al. v. Williams, 71 Ohio St., 340.

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


text:
    No. 10165.
    Lederman et al. v. Kelley.
    Decided February 25, 1908.
    Error to Circuit Court of Marion county.

      Messrs. J. F. & L. B. McNeal, for plaintiffs in error.

      Messrs. Scofield, Durfee & Scofield, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10228.
    Hemet v. Royon, Admr.
    Decided February 25, 1908.
    Error to Circuit Court of Miami county.

      Mr. Eugene C. Pociey, for plaintiff in error.

      Mr. Andrew J. Hess and Mr. P. R. Taylor, for defendant in error.
   Judgment affirmed.

Sitauck, C. J., Price, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10262.
    The Lewis Coal & Coke Co. v. Smith, Admr.
    Decided February 25, 1908.
    Error to Circuit Court of Jefferson county.

      Mr. W. B. Francis and Mr. P. P. Lezvis, for plaintiff in error.

      Mr. E. E. Erskine, Mr. William Dixon and Mr. Carl H. Smith, for defendant in error.
   Judgment affirmed.

Price, Crew and Spear, JJ., concur.


text:
    No. 10269.
    Bayer v. Machlite.
    Decided February 25, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Gumble & Gumble, for plaintiff in error.

      Mr. Harley M. Snyder and Mr. Jesse W. Snider, for defendant in error.
   Judgment affirmed.

Spiauck, C. J., Price, Crew, Spear and Davis, JJ., concur.


text:
    No. 10494.
    Hoig v. Davis et al.
    Decided February 25, 1908.
    Error to Circuit Court of Coshocton county.

      Mr. W. S. Smith and Messrs. Bemis & Calfee, for plaintiff in error.

      Messrs. Voorhees & Voorhees and Mr. R. A. Powelson, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10003.
    Spink v. Spink, Admx.
    Decided March 3, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Otis H. Fisk, for plaintiff in error.

      Messrs. Bates & Meyer, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10004.
    Spink v. Spink, Admx.
    Decided March 3, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Otis H. Fisk, for plaintiff in error.

      Messrs. Bates & Meyer, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10064.
    Deckwitz v. Gelbaugh.
    Decided March 3, 1908.
    Error to Circuit Court of Montgomery county.

      Messrs. Sprigg, Fitzgerald & Sprigg, for plaintiff in error.

      Mr. R. Otto Baumann, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10069.
    The Columbus, Delaware & Marion Electric Railroad Co. v. Weber.
    Decided March 3, 1908.
    Error to Circuit Court of Delaware county.

      Messrs. Williams, Taylor & Pretsman and Messrs.

      Marriott, Freshwater & Wickham, for plaintiff in error. Mr. H. W. Jewell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10077.
    Radebaugh v. Gabriel.
    Decided March 3, 1908.
    Error to Circuit Court of Franklin county.

      Mr. Clarence M. Addison and Mr. John F. Fergus, for plaintiff in error.

      Mr. J. A. Miles and Mr. E. W. McCormick, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Crew and Spear, J. J., concur.


text:
    No. 10111.
    The Butterick Publishing Co. v. Paige.
    Decided March 3, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Carr, Stearns & Chamberlain, for plaintiff in error.

      Messrs. Meyer & Mooney, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10503.
    Newton v. McKinstry et al.
    Decided March 3, 1908.
    Error to Circuit Court of Summit county.

      Mr. Edwin F. Voris and Messrs. Voris, Vaughan & Vaughan, for plaintiff in error.

      Messrs. Stuart & Stuart; Messrs. Cushing & Siddall; Mr. I. T. Siddall and Mr. Edtvin F. Voris, for defendants in error.
   Judgment affirmed.

Crew, Spear and Davis, JJ., concur.


text:
    No. 10511.
    The Central Manufacturers Mutual Insurance Co. v. The Semler Milling Co.
    Decided March 3, 1908.
    Error to Circuit Court of Butler county.

      Mr. J. W. Mooney, for plaintiff in error.

      Mr. Aaron Wesco; Mr. J. L. Kohl and Mr. Hartwell Cabell, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10512.
    The First National Bank of Cadiz v. Clark et al., Partners.
    Decided March 3, 1908.
    Error to Circuit Court of Harrison county.

      Mr. D. A. Hollingsworth, for plaintiff in error.

      Messrs. Clark & Allen; Mr. W. C. Bigger and Messrs. Kithcart & Bigger, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10515.
    The City of Columbus v. The Columbus Public Service Co. et al.
    Decided March 3, 1908.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor; Mr. Edgar Weinland and Fred R. Hoover, assistant city solicitors, for plaintiff in error.

      Mr. Thomas H. Clark; Mr. Franklin Rubrecht and Messrs. Safer, Seymour & Safer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10529.
    The Zanesville, Marietta & Parkersburg Railroad Co. v. Taylor et al.
    Decided March 3, 1908.
    Error to Circuit Court of Perry county.

      Mr. John J. Adams and Mr. L. A. Tus sing, for plaintiff in error.

      Mr. H. D. Cochran; Mr. T. D. Price and Mr. J. A. Ivers, for defendants in error.
   Judgment affirmed, the question presented depending upon the weight of the evidence.

Shauck, C. J., Price, Crew, Summers, Spear'"and Davis, JJ., concur.


text:
    No. 10530.
    The Zanesville, Marietta & Parkersburg Railroad Co. v. Hughes et al.
    Decided March 3, 1908.
    Error to Circuit Court of Perry county.

      Mr. John J. Adams and Mr. L. A. Tussing, for' plaintiff in error.

      Mr. H. D. Cochran; Mr. T. D. Price and Mr. J. A. Ivers, for de-fendants in error.
   Judgment affirmed, the question presented depending upon the weight of the evidence.

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


text:
    No. 10531.
    The Zanesville, Marietta & Parkersburg Railroad Co. v. The Star Stoneware Co.
    Decided March 3, 1908.
    Error to Circuit Court of Perry county.

      Mr. John J. Adams and Mr. L. A. Tussing, for plaintiff in error.

      Mr. H. D. Cochran; Mr. T. D. Price and Mr. J. A. Ivers, for defendant in error.
   Judgment affirmed, the question presented depending upon the weight of the evidence.

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


text:
    No. 10054.
    The Missionary Society of the Methodist Episcopal Church et al. v. Douglass et al., Exrs.
    Decided March 10, 1908.
    Error to Circuit Court of Belmont county.

      Mr. W. W. Cozven and Mr. John Pollock, for plaintiffs in error.

      Messrs. Smith & Hozvard for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10089.
    Ellsperman v. The State, ex rel. Stonesipher et al.
    Decided March 10, 1908.
    Error to Circuit Court of Muskingum county.

      Mr. Harry C. Shepherd and' Mr. E. F. O’Neal, for plaintiff in error.

      Mr. John R. Stonesipher; Mr. John J. Adams; Mr. H. E. Buker and John H. Whartenby, for defendants in error.
   Judgment affirmed.

Si-iauck, C. J., Price and Davis, JJ., concur.


text:
    No. 10141.
    Henry, Exr. v. Doyle et al.
    Decided March 10, 1908.
    Error to Circuit Court of Summit county.

      Mr. Howard A. Couse and Mr. H. L. Snyder, for plaintiff in error.

      Mr. W. B. Doyle and Messrs. Rogers, Rowley, Bradley & Rockwell, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10203.
    Wilson et al. v. Stockwell.
    Decided March 10, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Joseph Moore, for plaintiffs in error.

      Mr. John W. Stockwell; Mr. Theodore M. Bates; Messrs. Dissette, Dissette & Dissette and Mr. E. W. Dissette, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10648.
    McClure v. Walcutt.
    Decided March 10, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Huggins, .Huggins & Johnson, for plaintiff in error.

      Mr. J. A. Godown and Messrs. Pugh & Pugh, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Price, Crew and Davis, JJ., concur.


text:
    No. 10513.
    Worthington v. Blair.
    Decided March 10, 1908.
    Error to Circuit Court of Fayette county.

      Mr. John Logan, for plaintiff in error.

      Mr. Mills Gardner, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10522.
    The City of Salem v. Estill.
    Decided March 10, 1908.
    Error to Circuit Court of Columbiana county.

      Mr. C. F. Smith, city solicitor, and Mr. Lezvis P. Metsger, for plaintiff in error.

      Mr. W. S. Emmons and ■ Mr. W. ' G. Wells, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Price, Crew, Summers and Spear, JJ., concur.


text:
    No. 10528.
    In the Matter of the Estate of Eli Millhon, Deceased.
    Decided March 10, 1908.
    Error to Circuit Court of Guernsey county.

      Mr. Fred L. Rosemond and Mr. Robert T. Scott, for petitioners in error.

      Mr. J. A. Troette and Mr. W. S. Dougherty, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10537.
    Zell et al. v. Hawke, Guardian.
    Decided March 10, 1908.
    Error to Circuit Court of Warren county.

      Mr. W. C. Thompson, for plaintiffs in error.

      Messrs. Brown & Shawhan, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 11153.
    The City of Cincinnati, by etc., v. Von Bargen, Auditor, et al.
    Decided March 10, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Edward M. Ballard, city solicitor, for plaintiff in error.

      Mr. Ellis G. Kinkead and Mr. Jonas B.' Frenkel, for defendants in error.
   Judgment affirmed.

Sitaucic, C. J., Crew and Spear, JJ., concur.


text:
    No. 10007.
    The Trustees of Cadiz Township v. Hines, Treas.
    Decided March 17, 1908.
    Error to Circuit Court of Harrison county.

      Mr. D. Cunningham and Mr. William T. Perry, for plaintiffs in error.

      Mr. B. W. Rowland, for defendant in error.
   Judgment affirmed.

Price, Crew, Summers and Spear, JJ., concur.


text:
    No. 10008.
    The Trustees of German Township v. Hines, Treas.
    Decided March 17, 1908.
    Error to Circuit Court of Harrison county.

      Mr. D. Cunningham and Mr. William T. Perry, for plaintiffs in error.

      Mr. B. W. Rowland, for defendant in error.
   Judgment affirmed.

Price, Crew, Summers and Spear, JJ., concur.


text:
    No. 10013.
    McCue v. Ammon et al.
    Decided March 17, 1908.
    Error to Circuit Court of Darke county.

      Messrs. Anderson, Bowman & Anderson
      and Messrs. Robeson & Yount, for plaintiff in error.

      Mr. Martin B. Trainor, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Shauck, C. J., Crew,' Summers and Davis, JJ., concur.


text:
    No. 10068.
    Miley et al. v. The Boomer Coal & Coke Co.
    Decided March 17, 1908.
    Error to Circuit Court of Hancock county.

      Mr. Marion G. Foster and Mr. A. G. Fuller, for plaintiffs in error.

      Mr. H. F. Burket and Mr. R. W. McCoy, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10075.
    Layne v. The Anchor Fire Insurance Co.
    Decided March 17, 1908.
    Error to Circuit Court of Gallia county.

      Mr. Hollis C. Johnston, for plaintiff in error.

      Mr. E. D. Davis and Mr. E. D. Prentice, for defendant in error.
   Judgment affirmed.

.Price, Summers and Davis, JJ., concur.


text:
    No. 10078.
    Spitzig v. The Osborn Engineering Co.
    Decided March 17, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Foran, McTighe, Pearson & Marvin, for plaintiff in error.

      Messrs. Smith, Taft & Arter, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10087.
    St. Mark's Lodge of Free and Accepted Masons No. 7. v. Darrow et al., Trustees, et al.
    Decided March 17, 1908.
    Error to Circuit Court of Franklin county.

      Mr. J. T. Holmes, for plaintiff in error.

      Messrs. Krumm, Krumm & Krumm; Mr. George S. Peters and Messrs. Henderson, Livesay & Burr, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10219.
    Vanande v. Taggart et al.
    Decided March 17, 1908.
    Error to Circuit Court of Stark county.

      Messrs. Shields & Pomerene, for plaintiff in error.

      Messrs. Sterling & Braucher, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10519.
    Schneider, Admx., v. The Columbus Central Railway Co.
    Decided March 17, 1908.
    Error to Circuit Court of Franklin county.

      Mr. G. J. Marriott and Mr. Ivor Hughes, for plaintiff in error.

      Mr. T. I. Duncan and Mr. Emmet Tompkins, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10540.
    The Union Savings Bank Co., Exr., v. The Western Union Telegraph Co.
    Decided March 17, 1908.
    Error to Circuit Court of Clark county.

      Mr. Charles L. Spencer and Mr. Edwin S. Plouck, for plaintiff in error.

      Messrs. Martin & Martin, for defendant in error.
   Judgment affirmed.

Spiauck, C. J., Price and Davis, JJ., concur.


text:
    No. 10549.
    The Union National Bank of Kansas City, Mo., v. Carver et al.
    Decided March 17, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. C. C. Wise, for plaintiff in error.

      Messrs. Olds & Willet and Mr. George S. Cole, for defendants in error.
   Judgment affirmed on authority of Orlopp v. Schueller, Admr., 72 Ohio St., 41.

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


text:
    No. 10551.
    American Telephone & Telegraph Co. v. Young et al.
    Decided March 17, 1908.
    Error to Circuit Court of Pluron county.

      Messrs. C. P. & L. W. Wickham and Messrs. Squire, Sanders & Dempsey, for plaintiff in error.

      Mr. A. V. Andrews and Mr. S. M. Young, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Price, Crew, Summers, Spear and Davis, JJ., Concur.


text:
    No. 10568.
    The Sutherland Manufacturing Co. v. Donaldson.
    Decided March 17, 1908.
    Error to Superior Court of Cincinnati.

      Messrs. Kramer & Kramer and Mr. Otis H. Fisk, for plaintiff in error.

      Mr. Alfred B. Benedict and Mr. L. J. Crawford, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10093.
    Walcutt v. Slabaugh.
    Decided March 24, 1908.
    Error to Circuit Court of Franklin county.

      Mr. J. T. Flolmes and Messrs. Rogers & Rogers, for plaintiff in error.

      Mr. J. W. Snider
      and Mr. J. V. Lee, for defendant in error.
   Judgment affirmed.

Price, Crew, Summers and Spear, JJ., concur..


text:
    No. 10237.
    Szendel v. Thrumm.
    Decided March 24, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Conway W. Noble, for plaintiff in error.

      Messrs. Sanders, Cline & Sanders, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10248.
    Burt et al. v. Owens.
    Decided March 24, 1908.
    Error to Circuit Court of Licking county.

      Messrs. Smythe & Smythe, for plaintiffs in error.

      Mr. John M. Swartz and Messrs. Kibler & Montgomery, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10255.
    Grimes et al. v. Grimes et al.
    Decided March 24, 1908.
    Error to Circuit Court of Paulding county.

      Mr. John W. Zuber and Mr. A. N. Wilcox, for plaintiffs in error.

      Messrs. Poe & Poe, for defendants in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10267.
    Kiser et al. v. Seeman et al.
    Decided March 24, 1908.
    Error to Circuit Court of Franklin county.

      Mr. Thomas E. Powell, for plaintiffs in error.

      Messrs. Arnold, Morton & Irvine, for defendants in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10268.
    Shrader, Admr., v. Bline, Admx., et al.
    Decided March 24, 1908.
    Error to Circuit Court of Licking county.

      Messrs. C. & C. H. Follett and Mr. Charles H. Kibler, for plaintiff in error.

      Mr. John M. Smarts; Messrs. Hunter & Hunter and Mr. E. S. Randolph, for defendants in error.

   Judgment affirmed.

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


text:
    No. 10571.
    Kilgour et al., doing business as The Franklin Bank, v. Taylor, Sheriff.
    Decided March 24, 1908.
    Error to Superior Court of Cincinnati.

      Messrs. Kittredge & Wilby and Messrs. Burch & Johnson, for plaintiffs in error.

      Mr. C. W. Baker; Mr. L. J. Dolle and Mr. Denis F. Cash, for defendant in error.
   Judgment of the general term reversed and that of special term affirmed.

Price, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10574.
    The Baltimore & Ohio Ralroad Co. v. Needy et al., Partners.
    Decided March 24, 1908.
    Error to Circuit Court of Fayette county.

      Mr. H. B. Maynard and. Mr. F. A. Durban, for plaintiff in error.

      Mr. Humphrey Jones, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Price, Crew, Summers and Spear, JJ., concur.


text:
    No. 10115.
    Lorenz et al. v. Rampp.
    Decided March 31, 1908.
    Error to Circuit Court of Washington county.

      Messrs. McGinnis & Morris and Mr. N. E. Kidd, for plaintiffs in error.

      Messrs. Follett & Follett, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10207.
    Howert v. Howert.
    Decided March 31, 1908.
    Error to Circuit Court of Crawford county.

      Mr. J. W. McCarron and Mr. George B. Okey, for plaintiff in error.

      Mr. W. J. Geer and Mr. Thomas Beer, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10216.
    Wilson et al., Exrs., v. Hegler et al.
    Decided March 31, 1908.
    Error to Circuit Court of Fayette county.

      Messrs. Bost & Reid, for plaintiffs in error.

      Messrs.- Van Deman & Burkhardt, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ, concur.


text:
    No. 10271.
    Powell v. McCormick.
    Decided March 31, 1908.
    Error to Circuit Court of Hancock county.

      Mr. John Sheridan, for plaintiff in error.

      Mr. John H. Straman and Messrs. Bailey & Bailey, for defendant in error.
   Judgment affirmed.

Sitauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10299.
    The Northern Ohio Traction Co. v. Replogle.
    Decided March 31, 1908.
    Error to Circuit Court of Summit county.

      Messrs. Rogers, Rowley & Rockwell, for plaintiff in error.

      Messrs. Musser, Kohler & Mittinger and Messrs. Musser, Kimber & Huffman, for defendant in error.
   Judgment affirmed.

Spiauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10303.
    Bailes v. Evans.
    Decided March 31, 1908.
    Error to Circuit Court of Jackson county.

      Messrs. White, Grimes & Robbins, for plaintiff in error.

      Mr. Joseph McGhee and Mr. T. A. McFarland, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10305.
    Martin, Admr., v. Leonard.
    Decided March 31, 1908.
    Error to Circuit Court of Champaign county.

      Mr. George FI. Eichelberger; Mr. T. J. Frank and Mr. J. T. Holmes, for plaintiff in error.

      Mr. Louis D. Johnson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10320.
    Kennedy v. Beatty, Assignee.
    Decided March 31, 1908.
    Error to Circuit Court of Pickaway county.

      Messrs. Abernethy & Folsom, for plaintiff in error.

      Mr. Clarence Curatin and Mr. Charles H. May, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10338.
    Throckmorton v. The American Strawboard Co. et al.
    Decided March 31, 1908.
    Error to Circuit Court of Ross county.

      Mr. John I. Throckmorton and Mr. Addison P. Minshall, for plaintiff in error.

      Mr. Percy A. Walling, for defendants in error.
   Judgment affirmed.

Shauck', C. J., Crew and Spear, JJ., concur.


text:
    No. 10354.
    Detwiler et al. v. Ireland.
    Decided March 31, 1908.
    Error to Circuit Court of Morrow county.

      Mr. T. A. Gruber and Mr. L. K. Powell, for plaintiffs in error.

      Messrs. Mitchell & Bruce and Mr. W. M. Kaufman, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10541.
    Smiti-i v. Tpie Bankers Life Association.
    Decided March 31, 1908.
    Error to Circuit Court of Miami county.

      Mr. C. B. Jami-son and Mr. D. B. Van Pelt, for plaintiff in error.

      Mr. I. M. Earl and Mr. A. F. Broomhall, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10577.
    Sprankle v. Sprankle, Jr., et al.
    Decided March 31, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. C. A. Schwab and Mr. Walter C. Ong, for plaintiff in error.

      Messrs. Hogan, McMillin & Pattis on; Messrs. Goulder, Holding & Masten and Mr. Wallace I. Knight, for defendants in error.
   Judgment affirmed.

Sitauck, C. J., Crew, Summers and Davis, JJ., concur.


text:
    No. 10580.
    The Underwriters of New York et al. v. Peni-iollow.
    Decided March 31, 1908.
    Error to Circuit Court of Ashtabula county.

      Messrs. Calhoun & Guenther and Mr. PI. E. Starkey, for plaintiffs in error.

      Messrs. Shepherd & Shepherd, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Price, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10586.
    Apking, Jr., et al. v. The International Steam Pump Co. et al.
    Decided March 31, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Roettinger & Gorman, for plaintiffs in error.

      Messrs. Ernst, .Cassatt & Mc-Dougall, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Price, Crew and Davis, JJ., concur. Summers, J., dissents.


text:
    No. 10594.
    The K. D. Box & Label Co. v. Caine, by etc.
    Decided March 31, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Ford, Snyder & Tilden, for plaintiff in error.

      Mr. Walter C. Ong and Mr. D. N. Bader, for defendant in error.
   Judgment affirmed.

Price, Crew and Summers, JJ., concur.


text:
    No. 10595.
    Youngblood et al. v. Youngblood et al.
    Decided March 31, 1908.
    Error to Circuit Court of Stark county.

      Mr. D. F. Reinoehl and Mr. Arthur N.. Kaley, for plaintiffs in error.

      Mr. Robert H. Day and Mr. Eugene G. Willis on, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10538.
    Tpie Citizens' Gas Light & Coke Co. v. Tpie Salvation Army.
    Decided March 31, 1908.
    Error to Circuit Court of Hancock county.

      Messrs. McConica & Dwiggins, for plaintiff in error.

      Messrs. Poe & Poe, for defendant in .error.
   Judgment reversed for reasons stated in journal entry.

This court proceeding to render the judgment which the circuit court should have rendered hereby reverses the judgment of said court of common pleas for error in refusing to charge the jury as requested by plaintiff in error, said charge being on page 150 of the printed record of this case; also for error committed in the general charge to the jury on page 151 of the printed record. ' It is therefore considered by this court that said cause be remanded to the court of common pleas for new trial and for further proceedings according to law.

Sitauck, C. J., Price, Summers and Davis, JJ., concur.


text:
    No. 10229.
    Niece v. Percy.
    Decided April 7, 1908.
    Error to Circuit Court of Wood county.

      Mr. Henry W. Seney and Mr. Allen J. Seney, for plaintiff in error.

      Messrs. Baldwin & Harrington, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10242.
    Browne et al. v. The City of Youngstown.
    Decided April 7, 1908.
    Error to Circuit Court of Mahoning county.

      Mr. S. M. Thompson, for plaintiffs in error.

      Mr. Frank L. Oesch, city solicitor, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10265.
    Knauss v. Ti-ie Fifti-i National Bank of Cincinnati et al.
    Decided April 7, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Pugh & Pugh, for plaintiff in error.

      Messrs. Lentz, Fritter & Belcher and Mr. James

      M. for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10364.
    Hostetter v. Wible.
    Decided April 7, 1908.
    Error to Circuit Court of Tuscarawas county.

      Mr. Ed. C. Seikel and Mr. J. H. Mitchell, for plaintiff in error.

      Messrs. Hostetler & Hostetler, for defendant in error:
   Judgment affirmed.

' Shauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10392.
    Dirlam v. The Baltimore & Ohio Railroad Co.
    Decided April 7, 1908.
    Error to Circuit Court of Richland county.

      Mr. Darius Diflam, for plaintiff in error.

      Messrs. Cummings, McBride & Wolfe, for defendant in error.
   Judgment reversed and judgment for plaintiff in error.

Si-iauck, C. J., Price, Crew, -Summers, Spear and Davis, JJ., concur.


text:
    No. 10420.
    Hubbell v. Agnew.
    Decided April 7, 1908.
    Error to Circuit Court of Trumbull county.

      Mr. J. O. Leslie and Mr. L. F. Hunter, for plaintiff in error.

      Messrs. Cable & Parmenter and Mr. W. H. Smiley, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10423.
    Crawford v. Brawley et al.
    Decided April 7, 1908.
    Error to Circuit Court of Darke county.

      Mr. George F. Crazvford and Mr. O. R. Krickenberger, for plaintiff in error.

      Mr.

      M. B. Trainor, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10433.
    The Village of Willoughby v. Pelton.
    Decided April 7, 1908.
    Error to Circuit Court of Lake county.

      Mr. C. D. Clark and Messrs. Alvord & Reynolds, for plaintiff in error.

      Messrs. Shepherd & Shepherd, for defendant in error.
   Judgment affirmed.

Shaucic, C. J., Crew and Spear, JJ., concur.


text:
    No. 10557.
    John A. Roebling Sons Co. et al. v. The Shawnee Valley Coal & Iron Co. et al.
    Decided April 7, 1908.
    Error to Circuit Court of Licking county.

      Mr. A. A. Stas el, for plaintiffs in error.

      Messrs. Flory & Flory; Messrs. White, Johnson, McCaslin & Cannon; Mr. Jonathan Rees and Messrs. Kibler & Kibler, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10286.
    Cover v. Naylor.
    Decided April 14, 1908.
    Error to Circuit Court of Brown county.

      Mr. E. B. Stivers; Mr. G. Bambach and Messrs. Tarbell & Tarbell, for plaintiff in error.

      Mr. Henry A. Pavey and Messrs. Wilson & McBride, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10291.
    The Incorporated Village of Greenfield v. Brice et al., Admrs.
    Decided April 14, 1908.
    Error to Circuit Court of Highland county.

      Mr. Wallace D. Yaple and Mr. Albert M. Mackerley, for plaintiff in error.

      Mr. Wilson B. Brice and Mr. George L. Garrett, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10315.
    Cook et al. v. The National Provision Co.
    Decided April 14, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. McKisson & Minshall, for plaintiffs in error.

      Mr. Louis I. Grossman, for defendant in error.
   Judgment affirmed.

Price, Summiers and Davis, JJ., concur.


text:
    No. 10344.
    Schmuck v. The Crume & Sefton Manufacturing Co. et al.
    Decided April 14, 1908.
    Error to Circuit Court of Montgomery county.

      Messrs. Young & Yotmg and Mr. R. G. Corzvin, for plaintiff in error.

      Mr. Oscar M. Gottschall an.d Messrs. Gottschall, Crawford & Limbert, for defendants in error.
   Judgment affirmed.-

Price, Summers and Davis, JJ., concur.


text:
    No. 10466.
    The Buckeye Brewing Co. v. Kraft et al.
    Decided April 14, 1908.
    Error to Circuit Court of Putnam county.

      Messrs. Bailey & Leas%ire, for plaintiff in error.

      Messrs. Eastman & Gosling, for defendants in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10469.
    The City of Painesville v. Church.
    Decided April 14, 1908.
    Error to Circuit Court of Lake county.

      Mr. Martin A. Tuttle, city solicitor, and Mr. Homer Harper, for plaintiff in error.

      Messrs. Shepherd & Shepherd and Mr. Harry E. Hammar, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10477.
    Loveland et al. v. Swoveland.
    Decided April 14, 1908.
    Error to Circuit Court of Van Wert county.

      Mr. H. C. Glenn, for plaintiffs in error.

      Mr. C. S. Mauk, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.


text:
    No. 10478.
    Rhoades v. The O’Dell Commission Co.
    Decided April 14, 1908.
    Error to Circuit Court of Seneca county.

      Messrs. Royer & Spitler, for plaintiff in error.

      Messrs. Cogan & Williams and Messrs. Platt & Black, for defendant in error.
   Judgment affirmed, the pleading of the defendant below being an answer to the interrogatories of the plaintiff.

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


text:
    No. 10493.
    Burris v. Thorpe.
    Decided April 14, 1908.
    Error to Circuit Court of Clinton county.

      Messrs. Smith & Clevenger and Messrs. Thorpe & Miller, for plaintiff in error.

      Mr. James M. Morton, for defendant in error.
   Judgment affirmed on authority of Courson’s Executors v. Courson, 19 Ohio St., 454.

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


text:
    No. 10498.
    Erie Railroad Co. v. Waldron.
    Decided April 14, 1908.
    Error to Circuit Court of Portage county.

      Messrs. CtLshing & Clarke and Mr. I. T. Siddall, for plaintiff in error.

      Mr. C. H. Curtiss, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10504.
    Judy v. Judy et al.
    Decided April 14, 1908.
    Error to Circuit Court of Darke county.

      Mr. O. R. Krickenberger, for plaintiff in error.

      Mr. D. P. Irwin and Messrs. Robeson & Yount, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10509.
    Burrell v. Miller.
    Decided April 14, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Donaldson & Tussing, for plaintiff in error.

      Mr. Fred C. Rector, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10547.
    The City of Lima v. The Ayers Asphalt Paving Co.
    Decided April 14, 1908.
    Error to Circuit Court of Allen county.

      Mr. R. C. Eastman, city solicitor, and Messrs. Prophet & Eastman, for plaintiff in error.

      Mr. D. C. Henderson, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10657.
    Hall v. Paxton.
    Decided April 14, 1908.
    Error to Circuit Court of Hamilton county.

      Miss Anne S. Hall, in person, for plaintiff in error.

      Mr. Murray Seasongood, for defendant in error.
   Judgment affirmed.

Shauck, C. J:, Price, Crew, Summers. Spear and Davis, JJ., concur.


text:
    No. 10760.
    Thomas v. Holden, Admr., etc.
    Decided April 14, 1908.
    Error to Circuit Court of of Muskingum county.

      Messrs. Winn & Bassett, for plaintiff in error.

      Mr. G. K. Browning and Mr. C. T. Marshall, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10782.
    The Union Central Life Insurance Co. v. Hynicka, Treasurer.
    Decided April 14, 1908.
    Error to Superior Court of Cincinnati.

      Messrs. Maxwell & Ramsey, for plaintiff in error.

      Messrs. Ireton, Collins, Schoenle & Poor; Mr. Frank F. Dinsmore and Mr. Alfred B. Benedict, for defendant in error.
   Judgment affirmed.

Sitauck, C. J., Price, Crew, Summers and Spear, JJ., concur. Davis, J., not participating.


text:
    No. 10810.
    Hayes et al. v. McMaken, Treasurer, et al.
    Decided April 14, 1908.
    Error to Circuit Court of Lucas county.

      Mr. A. B. PIayes, for plaintiffs in error.

      Mr. C. S. Northup, city solicitor; Mr. Orion W. Nelson and Mr. Charles E. Sumner, for defendants in error.
   Judgment affirmed.

Price, Summers 'and Davis, JJ., concur.


text:
    No. 10829.
    Acklin v. The City of Toledo et al.
    Decided April 14, 1908.
    Error to Circuit Court of Juicas county.

      Mr. A. B. Hayes, for plaintiff in error.

      Mr. C. S. Northup, city solicitor, and Mr. Orion W. Nelson, for defendants in error.
   Judgment affirmed.

Si-iauck, C. J., Price, Crew, Summers and Spear, JJ., concur. Davis, J., not participating.


text:
    No. 10903.
    The Lake Shore & Michigan Southern Railway Co. v. Botefuhr, Admr.
    Decided April 14, 1908.
    Error to Circuit Court of Lucas county.

      Messrs. Doyle & Lewis, for plaintiff in error.

      Mr. O. S. Brumback and Mr. T. F. Connell, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Price, Crew and Spear, JJ., concur. Davis, J., not participating.


text:
    No. 10274.
    Miller, Treasurer, et al. v. Stokes.
    Decided April 28, 1908.
    Error to Circuit Court of Logan county.
    ' Mr. E. Pat Chamberlin and Mr. John E. West, for plaintiffs in error.

      Mr. James Kernan and Mr. John P. Bowers, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Crew, Summers, Sfear and Davis, JJ., concur.


text:
    No. 10275.
    Carson v. Hibbard, Spencer, Bartlett & Co.
    Decided April 28, 1908.
    Error to Circuit Court of Hardin county.

      Mr. Phil. M. Crow, for plaintiff in error.

      Mr. Wm. P. Henderson, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Summers, Spear and Davis, JJ., concur.


text:
    No. 10283.
    The Union Oil, Gas & Refining Co. v. Adkins.
    Decided April 28, 1908.
    Error to Circuit Court of Allen county.

      Messrs. Ridenour & Halfhill, for plaintiff in error.

      Mr. W. H. Leete and Messrs. Adkins & Armstrong, for defendant in error.
   Judgment affirmed.

Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10284.
    Nelson et al v. Spellacy et al.
    Decided April 28, 1908.
    Error to Circuit Court of Allen county.

      Messrs.- Ridenour & Halfhill; Mr. Edwin A. Olson and Mr. Oscar D. Olson, for plaintiffs in error.

      Messrs. Cable & Parmenter, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Crew and Summers, JJ., concur.


text:
    No. 10414.
    Wonders, Admr., v. The Pennsylvania Co.
    Decided April 28, 1908.
    Error to Circuit Court' of Trumbull county.

      Mr. Charles Fillius and Mr. Jay Buchwalter, for plaintiff in error.

      Messrs. Carey & Mullins, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10446.
    James v. The New York, Chicago & St. Louis Railroad Co.
    Decided April 28, 1908.
    Error to Circuit Court of Ashtabula county.

      Messrs. Anderson, McNab & Anderson; Mr. A. W. Jones and Mr. Charles Lawyer, for plaintiff in error.

      Mr. John H. Clarke and Messrs. Hoyt, Munsell & Hall, for defendant in error.
   Final

judgment rendered by the circuit court is reversed, and the judgment of said court reversing the judgment of the court of common pleas is affirmed on the ground that the judgment of reversal involved the weight of the evidence. Cause remanded.

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


text:
    No. 10534.
    Urick v. Flora et al., Commissioners, et al.
    Decided April 28, 1908.
    Error to Circuit Court of Preble county.

      Messrs. Risinger & Risinger, for plaintiff in error.

      Messrs. Crisler & Cahill, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10676.
    Devereaux v. Hutchinson, Admr.
    Decided April 28, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hart, Canfield. & Croke, for plaintiff in error.

      Messrs. Howland & Niman; Mr. W. P. Dunlap and Messrs. Dissette, Dissette & Dissette, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 10709.
    Hall, Individually and as Exrx., v. Hall.
    Decided April 28, 1908.
    Error to Circuit Court of Haniilton county.

      Messrs. Hoffman, Bode & LeBlond and Mr. Frederick S. Spiegel, for plaintiff in error.

      Messrs. Bates & Meyer, for defendant in error.
   Judgment reversed.

Ground 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 the reason that the charge to the jury is misleading and erroneous in that it no where distinctly states nor sufficiently emphasizes that the order of probate of the will, by the probate. court, raises a presumption that the will so probated is the valid last will and testament of Mercy A. Hall; that the court did not clearly explain to the jury the legal effect of the provision of the statute, “That the order of probate shall be prima facie evidence of the due attestation, execution and validity of the will or codicil;” that the jury was not instructed, as it should have been instructed, that before they would be entitled to return a verdict setting aside the will they must be able to find that the evidence adduced by the contestant, Charles F. G. Hall, outweighs both the evidence adduced by the defendant, Anne S. Hall, and the presumption arising from the order of the probate court admitting the will to probate as the valid last will and testament of Mercy A. Hall; that the court erred in instructing the jury that preponderance of the evidence means the greater weight of the testimony; and that the court erred in charging that, “The law also scrutinizes with greater care the acts of the son or daug'hter who is remembered in a will to a larger extent than are others bearing the same kinship, if such son or daughter is in a close relationship of trust or confidence, or upon whom a testatrix would implicitly rely, than it would on others bearing no such relationship.” And this court proceeding to render the judgment which the said circuit court should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be, and the same hereby is, reversed, and said cause is remanded to the court of common pleas for further proceedings according to law.

■Price, Summers, Spear and Davis, JJ., concur.


text:
    No. 10767.
    The State, ex rel. Stephenson, Prosecuting Attorney, v. Edgington et al.
    Decided April 28, 1908.
    Error to Circuit Court of Adams county.

      Mr. Will P. Stephenson; Mr. George W. Pettit and Mr. James W. Tarbell, for plaintiff in error.

      Mr. C. F. McCoy and Mr. A. R. Johnson, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10872.
    Carnegie Steel Co. v. Rowan.
    Decided April 29, 1908.
    Error to Circuit Court of Belmont county.

      Mr. J. C. Tallman and Mr. Fred Spriggs, for plaintiff in error.

      Mr. Paul Jones; Mr. Charles J. Lynch and Mr. J. B. JJandlan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10894.
    In the Matter of the Application to Probate the Will of Margareta Pauline Wallace, Deceased.
    Decided April 28, 1908.
    Error to Circuit Court of Clermont county.

      Mr. Thorne Baker and Mr. A. JJ. Bode, for plaintiff in error.

      Mr. Eli H. Speidel, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10302.
    The American Sewer Pipe Co. v. Kakascik.
    Decided May 5, 1908.
    Error to Circuit Court of Jefferson county.

      Mr. E. E. Erskine and Mr. Carl JJ. Smith, for plaintiff in error.

      Mr. W. C. Brown, for defendant in error.
   Judgment affirmed.

Price, C. J., Shauc-k, Summers and Spear, JJ., concur.


text:
    No. 10313.
    McDonald et al. v. The Lake Erie, Alliance & Wheeling Railroad Co.
    Decided May 5, 1908.
    Error to Circuit Court of Jefferson county.-

      Mr. Henry Gregg; Mr. J. C. Bigger and Mr. Dio Rogers, for plaintiffs in error.

      Messrs. Garfield, Howe & Westenhaver and Mr. E.- L. Finley, for defendant in error.
   Judgment affirmed.

Price, C. J., Shauck and Summers, JJ., concur.


text:
    No. 10316.
    The Village of Eaton v. Eckle.
    Decided May 5, 1908.
    Error to Circuit Court of Preble county.

      Messrs. King, Lovury & King, for plaintiff in error.

      Mr. W. R. Pomerene and Messrs. Gilmore & Gilmore, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10340.
    Kuntz et al., Partners, v. Spitler et al.
    Decided May 5, 1908.
    Error to Circuit Court of Montgomery county.

      Mr. Oscar F. Davisson, for plaintiffs in error.

      Messrs. Wright & Ozias, for defendants in error.
   Judgment affirmed.

Price, C J., Summers and Davís, JJ., concur.


text:
    No. 10347.
    I. Koblitz & Son v. Hamilton et al.
    Decided May 5, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Harry Koblitz and Messrs. Ford & Snyder, for plaintiffs iii error.

      Messrs. Vessy, Davis & Manak, for defendants in error.
   Judgment afirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10348.
    I. Koblitz & Son v. Duffie et al.
    Decided May 5, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Harry Koblitz and Messrs. Ford & Snyder, for plaintiffs in error.

      Messrs. Vessy, Davis & Manak, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10350.
    Kerr v. Perry, Admr., et al.
    Decided May 5, 1908.
    Error to Circuit Court of Jefferson county.

      Mr. John FI. McKee and Mr. Dio Rogers, for plaintiff in error.

      Messrs. Wood, Hitchcock & Morgan and Mr. Ernest L. Finley, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10356.
    Cook, Guardian, v. Masters et al.
    Decided May 5, 1908.
    Error to Circuit Court of Morrow county.

      Messrs. Mitchell & Bmce and Mr. L. K. Powell, for plaintiff in error.

      Messrs. Piarían & Wood and Mr. I. W. Barry, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10413.
    Hickle v. Gunther.
    Decided May 5, 1908.
    Error to Circuit Court of Wyandot county.

      Mr. A. G. Fuller, for plaintiff in error.

      Mr. D. C. Parker and Mr. M. B. Smith, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10424.
    Tuttle, Trustee, v. Trowbridge et al.
    Decided May 5, 1908.
    Error to Circuit Court of Trumbull county.

      Mr. George M. Tuttle, for plaintiff in error.

      Mr. Washington Hyde; Mr. George Bunting and Mr. T. H. Gillmer, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ. concur.


text:
    No. 10808.
    The Cincinnati, Georgetown & Portsmouth Railroad Co. v. Brunk, Admr.
    Decided May 5, 1908.
    Error to Circuit Court of Clermont county.

      Mr. F. F. Dinsmore and Messrs. Nichols & Nichols, for plaintiff in error.

      Messrs. Mallon & Vordenberg and Messrs. Frasier & Hicks, for defendant in error..
   Judgment reversed and judgment for plaintiff in error.

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 upon the facts admitted in the record, and found by the jury in answer to special. interrogatories propounded to them, in original petition of said administrator, the defendant in error, be, and the same hereby is dismissed.

It is further considered that said plaintiff in error recover all its costs by it expended in the common pleas, the circuit court and this court, and that this cause be remanded to the court of common pleas of Clermont county for the execution of this judgment.

Price, C. J., Shauck, Crew, Summers and Davis, JJ., concur.


text:
    No. 10298.
    The Northern Ohio Traction & Light Co. v. Newcomb.
    Decided May 12, 1908.
    Error to Circuit Court of Summit county.

      Messrs. Rogers, Rowley & Rockwell, for plaintiff in error.

      Mr. J. V. Welsh and Messrs. Grant & Seiber, for defendant in error.
   Judgment affirmed.

Shauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10314.
    Jones, Sheriff, et al. v. Goode.
    Decided May 12, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Frank H. Freericks and Mr. Rufus B. Smith, for plaintiffs in error.

      Messrs. Maxwell & Ramsey; Messrs. Outcalt & Foraker; Mr. Joseph S. Graydon and Mr. Smith Hickenloopcr, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10374.
    The Board of County Commissioners v. Haders.
    Decided May 12, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Charles W. Stage and Mr. John L. Cannon, for plaintiff in error.

      Messrs. Smith, Taft & Arter, for defendant in error.
   Judgment affirmed.

Price, C. J., Shauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10458.
    The Semler Milling Co. v. The Ohio Grain Dealers’ Mutual Fire Association.
    Decided May 12, 1908.
    Error to Circuit Court of Butlei county.

      Messrs. Cabell & Kohl and Mr. Aaron Wesco, for plaintiff in error.

      .Mr. J. W. Mooney, for defendant in error.
   Former judgment adhered to.

Crew, Spear and Davis, JJ. concur.


text:
    No. 10459.
    Sprinkle v. The Reeves Coal Co.
    Decided May 12, 1908.
    Error to Circuit Court of Tuscarawas county.

      Mr. Henry Bowers, for plaintiff in error.

      Mr. J. G. Patrick and Messrs. Hostetler & Hostetler, for defendant in error.
   Judgment reversed.

Grounds stated in journal entry.

It is ordered arid adjudged by this court, that the judgment of the said circuit court be, and the same- hereby is, reversed, for error in affirming the judgment of the court of common pleas. And this court proceeding to render the' judgment which the circuit court should have rendered, reverses the judgment of the court of common pleas, for its error in sustaining the demurrer to the second amended petition, the case made in said petition not being controlled by the decision in Morris Coal Company v. Donley, 73 Ohio St., 298. This cause is remanded to the court of common pleas with instructions to overrule the demurrer to the second amended petition and for further proceedings according to law.

Price, _C. J., Si-iauck, Crew, Summers arid Davis, JJ., concur.


text:
    No. 10463.
    Ford, Receiver, v. The Mica Insulator Co.
    Decided May 12, 1908.
    Error to Circuit Court of Richland county.

      Messrs. Cummings, McBride & Wolfe, for plaintiff in error.

      Mr. Jesse E. LaDow, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10467.
    The Village of Columbus Grove v. Sheets.
    Decided May 12, 1908.
    Error to Circuit Court of Putnam county.

      Mr. JJ. S. Core and Messrs. Handy & Unverferth; for plaintiff in error.

      Mr.. Guy B. Kitten and Mr. Dan M. Bailey, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10485.
    L. Starks Co. v. Bonewitz.
    Decided May 12, 1908.
    Error to Circuit Court of Wayne county.

      Messrs. Adair & Adair, for plaintiff in error.

      Mr. L. R. Critchfield, Jr., and Mr. Eugene Carlin, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10488.
    The Colonial National Bank et al. v. The Painesville National Bank et al.
    Decided May 12, 1908.
    Error to Circuit Court of Geauga county.

      Mr. T. H. Hogsett; Mr. Walter S. Lister; Mr. N. H. Bostwic-k and Mr. Clifford A. Neff, for plaintiffs in error.

      Messrs. Alvord & Reynolds and Mr. Wm. G. King, for defendants in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10591.
    Williams v. Brown et al.
    Decided May 12, 1908.
    Error to the Circuit Court of Huron county.

      Mr. Stephen M. Young, for plaintiff in error.

      Mr. C. L. Kennan and Messrs. C. P., L. W. & R. D. Wickham, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10523.
    Collett v. Hudson et al., Commissioners.
    Decided May 12, 1908.
    Error to Circuit Court of Lawrence county.

      'Mr. J. O. Yates, for plaintiff in error.

      Mr. Julius L. Anderson, prosecuting attorney, and Air. L. R. Andrews, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10589.
    Workman, Admr., v. The Cleveland, Akron & Columbus Railway Co.
    Decided May 12, 1908.
    Error to Circuit Court of Knox county.

      MY. W. Stillwell; Mr. A. J. Workman and Messrs. D. F. & J. D. Ewing, for plaintiff in error.

      Messrs. Waight & Moore and Messrs. Henderson, Livesay & Burr, for defendant in error.
   Judgment affirmed.

Si-iauck, Crew and Spear, JJ., concur.


text:
    No. 10591.
    The Board of Trustees of Cranberry Township v. Reid.
    Decided May 12, 1908.
    Error to Circuit Coubt of Crawford county.

      Messrs. Finley & Gallinger, for plaintiff in error.

      Mr. R. U. Miller and Air. G. W. Sheets, 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, for error in affirming and in not reversing the judgment of the court of common pleas of Crawford county in said cause. And proceeding to render the judgment which said court of common pleas should have rendered, this court finds that the demurrer to the petition of the plaintiff in said court of common pleas and against the Trustees of Cranberry Township was and is well taken and should have been sustained, and therefore the overuling of said demurrer and the rendition of a money judgment by said court of common pleas in favor of said plaintiff below was and is erroneous. This court is of opinion that the action of the plaintiff below should have been an action in mandamus to require the said trustees to issue to the plaintiff, if the facts proven by said plaintiff should warrant it, a warrant or bond for the sum of one hundred dollars only, as provided by Section 3107-1, Revised Statutes, but there is no authority in law to ask or receive a money judgment against the township or the trustees thereof, nor is there shown any right of action against the said township or said trustees for any money judgment whatever, either principal or interest.

It is, therefore, considered ' and adjudged that this cause be remanded to the Court of Common Pleas of Crawford county with direction to said court to sustain the demurrer of the defendants below to the petition of the plaintiff, and for further proceedings according to law.

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


text:
    No. 10839.
    The American Cereal Co. v. Boltz.
    Decided May 12, 1908.
    Error to Circuit Court of Summit county.

      Messrs. Kohler, Kohler & Mottinger, for plaintiff in error.

      Mr. George M. Anderson and Mr. Charles R. Grant, for defendant in error.
   Judgment affirmed.

Price, C. J., Crew, Summers and Davis, JJ., concur.


text:
    No. 10840.
    Welever v. Williams et al.
    Decided May 12, 1908.
    Error to Circuit Court of Lucas county.

      Mr. Orville S. Brumback, for plaintiff in error.

      Messrs. Smith & Baker, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10845.
    Theobald, Recorder, etc., v. The State, ex rel. Hall, a Taxpayer.
    Decided May 12, 1908.
    Error to Circuit Court of Montgomery county.

      Mr. J. W. Warrington; Mr. J. E. Bowman; Messrs. Ridenour .& Half hill; Mr. J. A. McMahon and Mr. George B. Okey, for plaintiff in error.

      Mr. Robert R. Nevin, prosecuting attorney; Mr. E. G. Denlinger; Mr. Charles E. Swadener; Mr. Wade H. Ellis, attorney general, and Mr. W. EL Miller, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10932.
    The City of Cincinnati et al. v. Roegge et al.
    Decided May 12, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Jesse Lotmnan and Mr. George H. Kattenhorn, for plaintiffs in error.

      Messrs. Horstman & Horst

      man, for defendants in error.
   Judgment affirmed.

Price, C. J., Shauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10972.
    Matyas v. Heller.
    Decided May 12, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Joseph C. Bloch and Mr. D. B. Stone, for plaintiff in error.

      Mr. Abraham Kolinsky, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers. Spear and Davis, JJ., concur.


text:
    No. 10322.
    The Western Glass & Paint Co. v. Van Cleve.
    Decided May 19, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Carr, Stearns & Chamberlain, for plaintiff in error.

      Messrs. Beardsley & Morgan, for defendant in error.
   Judgment affirmed.

Price, C. J., Crew, Summers and Spear, JJ., concur.


text:
    No. 10553.
    Campbell et al. v. McCue et al.
    Decided May 19, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Douglass & Workman; Mr. Frank O. Levering; Air. S. H. Gottshall and Messrs. Squire, Sanders' & Dempsey-, for plaintiffs in error.

      Messrs. Solders, Thayer, Mansfield & Day, for defendants in error.
   Judgment affirmed.

Price, C. J., Summers and Spear, JJ., concur.


text:
    No. 10567.
    Louisville & Nashville Railroad Co. v. Baum.
    Decided May 19, 1908.
    Error to Circuit Court . of Plamilton county.

      Messrs. Kinkead, Rogers & Ellis, for plaintiff in error.

      Mr. Jacob Shroder and Mr. Albert Bettinger, for defendant in error.
   Judgment affirmed.

Price, C. J., Shauck, Crew, Summers and Davis, JJ., concur.


text:
    No. 10596.
    Hayes et al. v. Roebuck et al.
    Decided May 19, 1908.
    Error to Circuit Court of Fayette county.

      Mr. Scott Bonham and Mr. John Logan, for plaintiffs in error.

      Mr. Humphrey Jones and Messrs. Creamer & Creamer, for defendants in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10599.
    Harris v. The Cincinnati, Hamilton & Dayton Ry. Co. et al.
    Decided May 19, 1908.
    Error to Superior Court of Cincinnati.

      Messrs. Burch & Johnson and Messrs. Strieker & Johnson, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith & Hoa-dly; Messrs. Probasco & Probasco; Messrs. Maxwell & Ramsey; Messrs. Bromwell & Bruce and Messrs. King & Tracy, for defendants in error.
   Judgment affirmed.

Price, C. J., Shauck and Summers, JJ., concur.


text:
    No. 10602.
    The Sun Publishing Co. v. Clark.
    Decided May 19, 1908.
    Error to Circuit Court of Clark county.

      Mr. John M. Cole and Mr. Stewart L. Tatum, for plaintiff in error.

      Messrs. Stafford & Arthur, for defendant in error.
   Judgment of the circuit court vacated and cause remanded to the circuit court with directions to consider the bill of exceptions.

Price, C. J., Si-iauck, Summers and Davis, JJ., concur.


text:
    No. 10603.
    The City of Toledo v. Toledo, St. Louis & Western Railroad Co.
    Decided May 19, 1908.
    Error to Circuit Court-of Lucas county.

      Mr. Charles S. Northup, city solicitor, and Mr. John P. Mantón, for plaintiff in error.

      Mr. Clarence Brown and Mr. Charles A. Schmettau, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 10605.
    Becker et al. v. Freiberg.
    Decided May 19, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Horstman & Florstman, for plaintiffs in error.

      Mr. A. J. Freiberg, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 11007.
    The Board of Commissioners of Darke County v. Welbourn et al.
    Decided May 19, 1908.
    Error to Circuit Court of Darke county.

      Messrs. Anderson, Bowman & Anderson, for plaintiff in error.

      Mr. John C. Clark and Messrs. Bickel & Baker, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10329.
    The Toledo, Bowling Green & Southern Traction Co. v. Child.
    Decided May 26, 1908.
    Error to Circuit Court of Hancock county.

      Messrs. J. A. & E. V. Bope, for plaintiff in error.

      Mr. A. G. Fuller and Messrs. Poe & Poe, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10341.
    Conklin, Auditor, v. The Delaware Clay Manufacturing Co.
    Decided May 26, 1908.
    Error to Circuit Court of Delaware county.

      Mr. George W. Carpenter and Mr. E. T. Humes, for plaintiff in error.

      Messrs. Marriott & Freshwater, for defendant in error.
   Judgment affirmed.

Price, C. J., Crew and Spear, JJ., concur!


text:
    No. 10342.
    Conklin, Auditor, v. Hills.
    Decided May 26, 1908.
    Error to Circuit Court of Delaware county.

      Mr. George W. Carpenter and Mr. E. T. Humes, for plaintiff in error.

      Messrs. Marriott & Freshwater, for defendant in error.
   Judgment affirmed.

Price, C. J., Crew and Spear, JJ., concur.


text:
    No. 10352.
    O’Dell v. Bright.
    Decided May 26, 1908.
    Error to Circuit Court of Hancock county.

      Mr. H. F. Burket and Messrs. Shay & Cogan, for plaintiff in error.

      Messrs. J. A.' & E. V. Bope and Mr. E. T. Dunn, for defendant in error.
   Judgment affirmed because of imperfect record and of other reasons appearing of record.

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


text:
    No. 10353.
    Mateer v. The Ohio Central Traction Co.
    Decided May 26, 1908.
    Error to Circuit Court of Richland county.

      Messrs. Brucker & Cummins, for plaintiff in error.

      Mr. Dan Babst and Messrs. Cummings, McBride & Wolfe, for defendant in error.
   Judgment vacated on authority of The Cincinnati Traction Co. v. Durack, Admx., 78 Ohio St., 243. Cause remanded to the circuit court with directions to consider all the evidence.

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


text:
    No. 10358.
    The City of Cincinnati v. Hickey.
    Decided May 26, 1908.
    Error to Superior Court of Cincinnati.

      Mr. Jesse Lowman, city solicitor, and Mr. Walter A. DeCamp, for plaintiff in error.

      Mr. Charles J. Fitzgerald, for defendant in error.
   Judgment of superior court, general term, reversed and that of superior court, special term, affirmed on finding of facts made by the jury.

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


text:
    No. 10624.
    The Cleveland Electric Railway Co. v. Hayes, Admx.
    Decided May 26, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Squire, Sanders & Dempsey, for plaintiff in error.

      Mr. H. B. Parsons, for defendant in error.
   Judgment affirmed on authority of The Mahoning Valley Railway Co. v. Van Alstine, Admr., 77 Ohio St., 395.

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


text:
    No. 10632.
    The Ohio Paper Co. v. Buffington.
    Decided May 26, 1908.
    Error to Circuit Court of Montgomery county.

      Messrs. McMahon & McMahon, for plaintiff in error.

      Mr. Charles A. Craighead and Mr. Walter V. Snyder, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10636.
    Burgess, Exr., v. Bush et al.
    Decided May 26, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. John J. Sullivan, for plaintiff in error.

      Messrs. Beardsley & Morgan, for defendants in error.
   Judgment affirmed.

Price-, C. J., Si-iauci-c, Crew and Summers, JJ., concur,


text:
    No. 10637.
    Millen v. Bush et al.
    Decided May 26, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. John J. Sullivan and Mr. Homer E. Stewart, for plaintiff in error.

      Messrs. Beardsley & Morgan, for defendants in error.
   Judgment affirmed.

Price, C. J., Si-iauci-c, Crew and Summers, JJ., concur.


text:
    No. 10782.
    The Union Central Life Insurance Co. v. Hynicka, Treasurer.
    Decided May 26, 1908.
    Error to Superior Court of Cincinnati.

      Mr. Lawrence Maxwell, Jr.; Mr. Robert Ramsey and Mr. William W. Ramsey, for plaintiff in error.

      Messrs. Ireion, Collins, Schoenle & Poor; Mr. Frank Dinsmore and Mr. Alfred B. Benedict, for defendant in error.
   Former judgment adhered to.

Price, C. J., Shaucic, Crew, Summers and Spear JJ., concur.


text:
    No. 10973.
    Pugh, Treasurer, v. Doelker.
    Decided May 26, 1908.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor,' and Mr. John L. Davies, for plaintiff in error.

      Messrs. Kinkead, Sheets & West, for defendant in error.
   Judgment reversed and judgment for plaintiff in error. 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, at the cost of the defendant in error.

And thereupon, this court proceeding to render judgment which the circuit court of said Franklin county should have rendered, it is ordered and adjudged that there is due plaintiff in error on said assessment, as in the petition set forth, and interest thereon, duly levied and assessed on said south one-half of Lots 25 and 26 in Samuel Parson’s Addition as the same is more particularly described in the petition herein, the sum of Eight Hundred and Eighty-Three and 52-100 Dollars ($883.52), with interest from May 26, 1908.

It is, therefore, considered, adjudged and decreed by the court that unless the said defendant in error pay or cause to be paid to said plaintiff in error the said sum aforesaid, within three days from the entry of this decree, that said real estate be sold for the payment of said assessment and interest thereon, as provided by law.

It is further considered and ordered that the plaintiff in error recover of the defendant in error his costs in this court, in the circuit court and in the court of common pleas expended, to be taxed.

The improvements involved and the assessments made to pay for the same, were had under the provisions of what is known in this case as the Taylor law, which for the purposes of this case must be considered valid, and that the lien of the assessments under said law continues until they are paid. The lien still existing tolls the appropriate remedy for its enforcement.

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


text:
    No. 10974.
    Bowland, Treasurer, v. Cole et al.
    Decided May 26, 1908.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Mr. John L. Davies, for plaintiff in error.

      Mr. M. L. Boyd, for defendants in error.
   Judgment reversed and judgment for plaintiff in error. 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 at the cost of the defendants in error.

And thereupon, this court proceeding to render judgment which the circuit court of said Franklin county should have rendered, it is ordered and adjudged that there is due plaintiff is error on the several assessments as in the answer and ,crossr petition set forth, and interest thereon, duly levied and assessed on the following lots as the same are more particularly described in the answer and cross-petition herein, the following amounts, to-wit:

Said Lot No. 51, the sura of Two Hundred and Ninety-Six and 1-100 Dollars ($296.01), with interest from May 26, 1908; said Lot No. 52, the sum of Two Hundred and Ninety-Six Dollars ($296.00), with interest from May 26, 1908; said Lot No. 53, the sum of Two Hundred and Ninety-Six Dollars ($296.00), with interest from May 26, 1908.

It is, therefore, considered, adjudged and decreed by the court that unless the said defendants in error pay or cause to be paid to said plaintiff in error the said sums aforesaid, within three days from the entry of this decree, that said real estate be sold for the payment of said assessments and interest thereon, as provided by law.

It is further considered and ordered that the plaintiff in error recover of the defendants in error his costs in this court, in the circuit court and in the court of common pleas expended, to be taxed.

The improvements involved and the assessments made to pay- for the same, were had under the provisions of what is known in this case as the Taylor law, which for the- purposes of this case must be considered valid, and that the lien of the assessments, under said law continues until they are paid. The lien still existing tolls the appropriate remedy for its enforcement.

Price, C. J., Shauck, Summers and Spear, JJ-, concur.


text:
    No. 10975.
    Pugh, Treasurer, v. Van Behren.
    Decided May 26, 1908.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Mr. John L. Davies,
      for plaintiff in error.

      Messrs. Kinkead, Sheets & West, for defendant in error.
   Judgment reversed and judgment for plaintiff in error. 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 at the cost of the defendant in error.

' And thereupon, this court proceeding to render judgment which the circuit court of said Franklin county should have rendered, it is ordered and adjudged that there is due plaintiff in error on said assessment, as in the petition set forth,, and interest thereon, duly levied and assessed on Lot No. 16 in Samuel Parson's Addition, as the same is more particularly described in the petition herein, the sum of Eight Hundred and Eighty-Three and 52-100 Dollars ($883.52), with interest from May 26, 1908.

It is, therefore, considered, adjudged and decreed by the court, that unless the said defendant in error pay or cause to be paid to said plaintiff in error the said sum aforesaid, within three days from the entry of this decree, that said real estate be sold for the payment of said assessment and interest thereon, as provided by law.

It is further considered and ordered that the plaintiff in error recover of the defendant in error his costs in this court, in the circuit court and in the court of common pleas expended, to be taxed.

The improvements involved and the assessments made to pay for the same, were had under the provisions of what is known in this case as the Taylor law, which for the purposes of this case must be considered valid, and that the lien of the assessments, under said law continues until they are paid. The lien still existing tolls the appropriate remedy for its enforcement.

Price, C. J., Shaucic, Summers and Spear, JJ., concur.


text:
    No. 10231.
    The City of Columbus v. The Columbus Ice Co.
    Decided June 2, 1908.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, city solicitor, and Messrs. Weinland, Hoover & Carter, assistant city solicitors, for plaintiff in error.

      Messrs. Huggins, Huggins & Johnson and Messrs. Sater, Seymour & Safer, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.


text:
    No. 10361.
    Keiper, Guardian, v. Stankus.
    Decided June 2, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Fackler, Wilcox & Morris, for plaintiff in error.

      Messrs. Myler & Turney and Mr. William H. Miller, for defendant in error.
   Judgment affirmed.

Price, C. J., Crew, Summers and Davis, JJ., concur.


text:
    No. 10368.
    The Delaware Gas Co. v. Williams.
    Decided June 2, 1908.
    Error to Circuit Court of Delaware county.

      Messrs. F. A. & E. S. Owen and Mr. Harry W. Jewell, for plaintiff in error.

      Messrs. Marriott, Freshvuater & Wickham, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Spear and Davis, JJ., concur.


text:
    No. 10370.
    Buchwalter, Admr., v. Woodard et al.
    Decided June 2, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Robertson & Buchwalter, for plaintiff in error.

      Messrs. Galvin & Galvin; Mr. Otway J. Cos grave; Mr. Ellis G. Kinkead; Mr. W. A. Hicks and Mr. W. W. Brown, for defendants in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers and Davis, JJ., concur.


text:
    No. 10271.
    Buchwalter, Admr., v. Woodard et al.
    Decided June 2, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Robertson.& Buchwalter, for.plaintiff in error.

      Messrs. Galvin & Galvin; Mr. Otway J. Cos grave; Messrs. Kinkead, Rogers & Ellis; Mr. W. A. Flicks and Mr. W. W. Brown, for defendants in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew and Davis, JJ., concur.


text:
    No. 10375.
    Hutchins et al. v. Wiltsie.
    Decided June 2, 1908.
    Error to Circuit Court of Hancock county.

      Mr. A. G. Fuller, for plaintiffs in error.

      Mr. William F. Chambers and Mr. C. V. Bish, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers and Davis, JJ., concur.


text:
    No. 10383.
    The Board of Education of Oregon Township v. The Board of Education of the City of Toledo.
    Decided June 2, 1908.
    Error to Circuit Court of Lucas county.

      Mr. Lyman W. Wachenheimer, prosecuting attorney;
      Mr. J. S. Martin and Mr. PI. C. Webster, for plaintiff in error.

      Mr. C. S. Northup,t city solicitor, and Mr. Orion W. Nelson, for defendant in error.

   Judgment affirmed.

Si-iauck, Crew, Summers and Davis, JJ., concur.


text:
    No. 10569.
    Leadrach v. Taylor et al.
    Decided June 2, 1908.
    Error to Circuit Court of Erie county.

      Mr. Geo. C. Beis, for plaintiff in error.

      Mr. Henry Young and Mr. R. Derby, Jr., for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Si-iauck, Crew, Spéar and Davis, JJ., concur.


text:
    No. 10620.
    American Bridge Co. v. Johnson.
    Decided June 2, 1908.
    Error to Circuit Court of Clark county.

      Mr. Talfourd P. Linn; Messrs. Plagan & Hagan and Mr. John B. McGrew, for plaintiff in error.

      Messrs. Bowman & Bowman, for defendant in error.
   Judgment affirmed.

Shaucic, Crew and Spear, JJ., concur.


text:
    No. 10627.
    Banning et al. v. The Farmers & Merchants National Bank of Mt. Vernon.
    Decided June 2, 1908.
    Error to Circuit Court of Knox county.

      Messrs. Waight & Moore, for plaintiffs in error.

      Mr. F. V. Owen and Mr. Wm. M. Koons, for defendant in error.
   Judgment affirmed.

Shaucic, Crew and Spear, JJ., concur.


text:
    No. 10647.
    Ware, Jr., v. Newman.
    Decided June 2, 1908.
    Error to Circuit Court of Scioto county.

      Messrs. Bannon & Bannon, for plaintiff in error.

      Mr. Oscar IV. Newman, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear. JJ., concur.


text:
    No. 10649.
    The Hollenden Hotel Co. v. Jackson, Admx.
    Decided June 2, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Kline, Tolies & Goff and Messrs. Ford, Snyder & Tilden, for plaintiff in error.

      Messrs. McGrath & Stern, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers and Spear, JJ., concur.


text:
    No. 10653.
    Heinichen et al. v. The Felss Flour Milling Co.
    Decided June 2, 1908.
    Error to Superior Court of Cincinnati.

      Mr. Harry A. Rust and Messrs. Galvin & Bauer, for plaintiffs in error.

      Mr. Jacob Shroder and Messrs. Spangenberg &' Spangenberg, for defendant in error.
   Judgment affirmed.

Price, C. J., Si-iauck, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10656.
    Frey v. Hayes et al.
    Decided June 2, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. James Johnson, Jr., and Messrs. Neff & McTighe, for plaintiff in error.

      Messrs. Blandin, Rice & Ginn, for defendants in error.
   Judgment of circuit court reversed and that of common pleas affirmed.

Price, C. J., Siiauck, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 10700.
    Monroe, admx., v. The City of Cleveland et al.
    Decided June 2, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. William Hovuell and Messrs. Deutsch, Howells & 'Grossman, for plaintiff in error.

      Mr. Newton D. Baker, city solicitor, and Messrs. Wilcox, Wilkin, Carey & Stevens, for defendants in error.
   Judgment of circuit court reversed and judgment for plaintiff in' error.

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


text:
    No. 10095.
    Davy et al. v. Aetna Life Insurance Co.
    Decided June 9, 1908.
    Error to Circuit Court of Miami county.

      Mr. William H. Gilbert and Mr. Leonard H. Shipman, for plaintiffs in error.

      Mr. A. F. Broomhall, for defendant in error.
   -Judgment affirmed on authority of Davy et al. v. The Fidelity & Casualty Insurance Co., 78 Ohio St., 256.

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


text:
    No. 10390.
    Russell v. Fargo et al., Trustees, et al.
    Decided June 9, 1908.
    Error to Circuit Court of Richland county.

      Mr. H. E. Bell, for plaintiff in error.

      Mr. H. L. Peeke and Messrs. Cummings, McBride & Wolfe, for defendants in error.
   Judgment' affirmed.

Price, C. J., Spiauck, Crew and Summers, JJ., concur.


text:
    No. 10606.
    Robinson v. Willard et al.
    Decided June 9, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. A. T. Brewer, for plaintiff in error.

      Messrs. Henderson, Quail & Siddall,
      for defendants in error.
   Judgment affirmed.

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


text:
    No. 10665.
    The Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Stober, Admr.
    Decided June 9, 1908.
    Error to Circuit-Court of AVarren county.

      Mr. John E. Smith; Mr. Ben B. Nelson and Mr. Leonard J. Hackney, for plaintiff in error.

      Mr. Patrick Gaynor and Mr. S. O. Bay-less, for defendant in error.
   Judgment affirmed.

Price, C. J., Summers and Davis, JJ., concur.