author: Crew, C. J.

text:
    The Railroad Commission of Ohio v. The Hocking Valley Railway Company.

      Paragraph "d" of Section 244-26, Revised Statutes — Applies exclusively to judgment of common pleas court — Appeal may be taken within, sixty days — Limitation for error prosecution— Section 6723, Revised Statutes — Court procedure.

    1. The provisions of paragraph d, of Section 244-26, Revised Statutes, prescribing the mode of procedure necessary to obtain a review of the judgment rendered in an action brought under the authority of said section, have relation, and apply exclusively, to the judgment rendered by the court of common pleas in such action.
    2. Under favor of the provisions of said paragraph d, either party to said action may, within sixty days after judgment rendered by said court of common pleas, appeal said cause or take the case up on error, as in other civil actions.
    3. The time within which a proceeding in error may be commenced in this court to reverse a judgment rendered by the circuit court in any such action, is governed by the limitation fixed by Section 6723, Revised Statutes, and such proceeding is commenced in time if brought within four months from the date of the rendition of the judgment in the circuit court.
    (No. 11402
    Decided February 2, 1909.)
    Motion to dismiss petition in error.
    The facts are stated in the opinion.

      Messrs. Wilson & West, for the motion.

      Mr. W. H. Miller, assistant attorney general, and Messrs. Daugherty & Todd, against the motion.
   Crew, C. J.

Under favor of the act of the general assembly of the state of Ohio passed April 2, 1906, entitled “An act to regulate railroads and other common carriers in this state, create a board of railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discriminations and insure an adequate railway service,” Section 244-16, Revised Statutes, Aaron E. Price, a citizen of Ohio residing in the village of Athens in said state, on December 6, 1906, duly presented his petition or complaint to the board of railroad commissioners created by said act, charging in said complaint that The Hocking Valley Railway Company was guilty of unjust and unreasonable discrimination in the matter of the passenger fares charged by said company between certain points located on its line of railway within the state of Ohio. Upon the hearing of said complaint a finding and order was made by said railroad commission in favor of the complainant and against the defendant The Hocking Valley Railway Company.- Thereupon, said railway company filed its petition in the Court of Common Pleas of Franklin county, Ohio, — as by the above mentioned act it was authorized to do,— alleging in said petition that the order made by said railroad commission was unreasonable and unlawful, and • asking that said order be vacated and set aside. To this petition the railroad commission was made a party defendant in the manner provided in said act, and filed its answer denying therein that the order made by it against said railway company was either unlawful or unreasonable. Upon the hearing of said cause in the court of common pleas that court, upon the issues joined found for the plaintiff The Hocking Valley Company, and rendered a judgment setting aside and vacating the order theretofore made by said railroad commission. Thereupon the defendant railroad commission appealed said cause to the Circuit Court of Franklin county where the same was again tried upon the pleadings and evidence. Upon this trial, the circuit court found, as had the court of common pleas, in favor of the railway company, and accordingly, on March 25, 1908, said circuit court entered a judgment vacating and setting aside the order made by said railroad commission against said railway company. To obtain a reversal of this judgment of the circuit court, of March 25, 1908, the railroad commission, within four months from the time said judgment was rendered, but more than sixty days after its rendition and entry, to-wit: on June 30, 1908, commenced proceedings in error, by filing in this court its petition in error and causing a summons to issue thereon for defendant in error The Hocking Valley Railway Company, which summons was duly served and returned. On January 9, 1909, the defendant in error filed in this court the following motion: “Now comes the defendant in error, appearing solely for the purpose of this motion and not intending to enter its appearance, and moves the court that these proceedings in error be dismissed for the reason that said proceeding's were not commenced within the time prescribed therefor by statute.” The question of jurisdiction presented by this motion to dismiss is the sole question now before this court for determination. In support of this motion, and to establish their claim that this court is without jurisdiction to entertain the present proceeding in error, because not commenced in this court within sixty days after judgment was rendered by the circuit court, counsel for defendant in error cite and wholly rely upon the provisions of Section 16 of the act above referred to. The provisions of that Section, so far as they prescribe the practice and procedure necessary to obtain a rehearing or review of orders made by the railroad commission, are as follows: “Section 16. Any railroad or other party in interest being dissatisfied with any order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may, within sixty days, commence an action in the court of common pleas against the commission as defendant to vacate and set aside any such order on the ground that the rate or rates, fares, charges, •classifications, joint rate or rates, fixed in such order, is unlawful or unreasonable, or that any such regulation, practice or service, fixed in such order, is unreasonable, in which action the adverse parties shall be served with the summons. * * *

“b. If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in said action for fifteen days from the date of such transmission. Upon the receipt of such evidence the commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, fares, charges, classification, joint rate or rates, regulation, practice or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence.

"c. If the commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the commission in the first instance. If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order.

“d. Either party to said action, within sixty days after service of a copy of the order or judgment of the court may appeal or take the case up on error as in other civil actions. Where an appeal is taken the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar.”

The above section was borrowed from the railroad commission act of the state of Wisconsin, found in volume 3 of the supplement to Wisconsin statutes, page 899, Section 1797-16, and would seem to have been adopted by our legislature without sufficient consideration having been given to the difference in the judicial systems, and in the rules ■ of practice and procedure in the two states. This doubtless may account for certain provisions being left in paragraph d of above section, which are wholly inapplicable to the practice and procedure in this state, but are in entire accord with the authorized practice and pro-' cedure of the state of Wisconsin. By the Wisconsin statute, the action to vacate or set aside an' order of the railroad commission must be commenced in the circuit court, which is a court of general jurisdiction corresponding closely to our court of common pleas, and from that court an appeal is allowed to the supreme court, there being in that state no intermediate court between the circuit and supreme courts.

It will be seen upon examination of Section 16, as above set out, that said section in the first instance makes provision whereby any party in interest, being dissatisfied with any order of the commission fixing any rates, etc., may within sixty days commence' an action against said commission in the court of common pleas; and it defines and prescribes the rules of procedure in that court, from the time of the commencement of such action until final judgment therein. Then follows this provision, found in paragraph d of said section, upon which defendant in error in this case relies: “Either party to said action within sixty days after service of a copy of the order or judgment of the court may appeal or take the case up on error as in other civil actions.”

It is claimed by counsel for defendant in error, that the provisions of this paragraph prescribe the rule and fix a limitation for the prosecution of proceedings in error in actions commenced under said section, as well from a judgment of the circuit court as from the judgment of the court of common pleas. Such interpretation is, we think, erroneous and unwarranted and contrary to the legislative intent. By the plain language of this paragraph, the right thereby given to appeal or prosecute error, is in terms limited to a party to “said action,” and is to be exercised by him only in respect to the judgment rendered, or order made by said court of common pleas in such action. This paragraph it will be observed provides for and authorizes both appeal and error, and if its provisions are to be construed as applying alike to judgments of the circuit court and of the court of common pleas in actions commenced under Section 16 of the railroad commission act, then in all such actions, by virtue of said provision, an appeal is allowed and may be taken, from the circuit court to the supreme court. That the legislature did not intend by such enactment to thereby adopt a rule so at variance with the firmly established and universally recognized mode of judicial procedure in this state, ana one so inconsistent with statutes already in force defining the jurisdiction of this court and prescribing the manner in which only such jurisdiction may be invoked, would seem to us, from a consideration of the language employed to be perfectly clear. The general assembly by the adoption and enactment of this statute did not, we think, intend or attempt to do more than simply to provide, that subject to the limitation therein prescribed, in all actions prosecuted under favor of said enactment, an appeal might be taken, or error might be prosecuted from the judgment of the court of common pleas to the circuit court, as in other civil actions. Such then being the purpose and only office of paragraph d, the force of its provisions are expended when resort is had to the circuit court either by appeal, or by a proceeding in error. It follows, that in the present proceeding in error, the jurisdiction of this court having been regularly invoked in the manner provided in Sections 6710 and 6713, Revised Statutes, within the time limited by Section 6723, Revised Statutes, for the commencement of error proceedings, this court acquired, and now has, jurisdiction of said proceeding in error, and the motion to dismiss must be overruled.

Motion overruled.

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


source: Caselaw Access Project

license: Public Domain

text:
    No. 10612.
    The Electric Railway & Power Co. et al. v. Bair et al., Commissioners of Sandusky County.
    Decided October 6, 1908.
    Error to Circuit Court of Sandusky county.

      Mr. J. F. Bunn and Mr. Basil Meek, for plaintiffs in error.

      Mr. M. W. Hunt and Messrs. Garver, Carver & Garver, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10824.
    Arbogast, Treasurer of Clark County v. Whiteley.
    Decided October 6, 1908.
    Error to Circuit Court of Clark county.

      Mr. Lazvrence E. Laybourne, prosecuting attorney; Mr. John B. McGrazu; Mr. Wade H. Ellis, attorney general, and Mr. Smith W. Bennett, for plaintiff ■n error.

      Mr. George S. Dial and Messrs. Martin & Martin, for defendant in error.
   Judgment affirmed.

Shauck, Spear and Davis, JJ., concur.


text:
    No. 10870.
    Pansing, a Taxpayer, v. The Village of Miamsburg et al.
    Decided October 6, 1908.
    Error to Circuit Court of Montgomery county.

      Messrs. Gottschall & Turner and Mr. Mahlon Gebhart, for plaintiff in error.

      Mr. J. C. Myers and Messrs. Rowe, Shuey, Matthews & James, for defendants in error.
   Judgment affirmed.

Shauck, Spear and Davis, JJ., concur.


text:
    No. 10946.
    Yarick et al. v. Parker, Treasurer of Lucas County, et al.
    Decided October 6, 1908.
    Error to Circuit Court of Lucas county.

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

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

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


text:
    No. 11030.
    The Delaware Gas Co. v. Park.
    Decided October 6, 1908.
    Error to Circuit Court of Delaware county.

      Messrs. Arnold, Morton & Irvine and Mr. IT. W. Jewell, for plaintiff in error.

      Messrs. Marriott & Freshwater and Messrs. P%igh & Pugh, for defendant in error.
    Judgment affirmed.
   Grounds stated in journal entry. It is ordered and adjudged by this court that the judgment of the said circuit court be, and the same is hereby, affirmed on the grounds that the court of common pleas erred in the second and third particulars set out in the judgment entry of the circuit court; and also erred in the admission of evidence; and it appearing to the court that there were reasonable grounds for this proceeding in error, it is ordered that no penalty be assessed herein.

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


text:
    No. 11133.
    McKemy, Receiver, et al. v. Koehler.
    Decided October 6, 1908.
    Error to the Circuit Court of Franklin county.

      Mr. Albert Mend els on; Mr. Smith W. Bennett and Mr. Patterson A. Reece, for plaintiffs in error.

      Mr. Joseph T. Harrison; Messrs. Spangenberg & Spangenberg; Messrs. Stewart & Stewart and Mr. Joseph M. Force, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11134.
    McKemy, Receiver, et al. v. Hunt et al.
    Decided October 6, 1908.
    Error to Superior Court of Cincinnati.

      Mr. Albert Mendels on; Mr. Smith W. Bennett and Mr. Patterson A. Reece, for plaintiffs in error.

      Mr. Joseph T. Harrison; Messrs. Spangenberg & Spangenberg and Messrs. Galvin & Bauer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10398.
    Stafford v. The Cleveland Electric Railway Co.
    Decided October 13, 1908.
    Error to Circuit Court of Lake county.

      Messrs. Alvord & Reynolds and Mr. J. F. Herrick, for plaintiff in error.

      Messrs. Squire, Sanders &

      Dempsey, and Mr. H. E. Elammer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10928.
    The Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. Gill.
    Decided October 13, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Maxzvell & Ramsey, for plaintiff in-error.

      Mr. Joseph T. Harrison, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10996.
    McManigal v. The Columbus & Hocking Coal & Iron Co.
    Decided October 13, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Addison, Sinks & Babcock, for plaintiff in error.

      Messrs. Outlvwaite, Linn & Thurman and Mr. D. N. Postlezvaite, for defendant in error.
   Judgment affirmed, the cause standing for further action in the court of common pleas.

Sitaück, Crew and Spear, JJ., concur.


text:
    No. 10997.
    McManigal v. The Columbus & Hocking Coal & Iron Co.
    Decided October 13, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Addison, Sinks & Babcock, for plaintiff in error.

      Messrs. Outhzvaite, Linn & Thurman and Mr. D. N. Postlezvaite, for defendant in error.
   Judgment affirmed, the cause standing for further action in the court of common pleas.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 11135.
    Richards, Receiver, v. Anderson.
    Decided October 13, 1908.
    Error to Circuit Court of Mahoning county.

      Messrs. Miller & Huxley; Mr. Smith W. Bennett and Mr. Patterson A. Reece, for plaintiff in error.

      Messrs. Hine, Kennedy & Robinson and Mr. S. S. Conroy, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11289.
    Gill v. The State of Ohio.
    Decided October 13, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. W. H. Boyd and Messr-s. Ross & Klingman, for plaintiff in error.

      Mr. S. V. McMahon, prosecuting attorney, and Mr. P. L. A. Leighley, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10480.
    Gilson et al. v. Carrel et al.
    Decided October 20, 1908.
    Error to Circuit Court of Lake county.

      Messrs. Boszvorth & Hammer, for plaintiff in error.

      Mr. A. G. Reynolds and Mr. George IV. Alvord, for defendants in error.
    Judgment modified and cause remanded to the court of common pleas for further proceedings on grounds stated in journal entry.
   This court being of opinion that the circuit court, in an error case, has not power to make a finding of facts which calls for review bv this court, or conclusively binds the court of common pleas, nor to render final judgment except in case of a finding of controlling facts by the trial court, or they are conceded, but this court being further of opinion that the reversal of the judgment of the court of common pleas as shown by the judgment entry of the circuit court, should be treated by this court as a reversal upon the weight of the evidence.

It is considered and adjudged that the judgment of the circuit court be and the same is modified in this to-wit: As to the finding of facts and final judgment thereon, the same is reversed; as to the reversal of the judgment of the court of common pleas the same is affirmed, and the cause is remanded to the Court of Common Pleas of Lake county for further proceedings according to law.

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


text:
    No. 10484.
    Breece v. The Colonial Lumber Company.
    Decided October 20, 1908.
    Error to Circuit Court of Lawrence county.

      Mr. A. R. Johnson and Mr. F. E. Dougherty, for plaintiff in error.

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

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


text:
    No. 10704.
    Payne v. Durkle.
    Decided October 20, 1908.
    Error to Circuit Court of Preble county.

      Messrs. Craig & Craig; Mr. James L. Sayler and Mr. Edgar A. Belden, for plaintiff in error.

      Mr. W. B. Marsh and Messrs. Risinger & Rising er} for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 10848.
    Johnson et al. v. Thomas et al., Exrs., et al.
    Decided October 20, 1908.
    Error to Circuit Court of Columbiana county.

      Mr. J. C. Boone and Mr. S. W. Ramsey, for plaintiffs in error.

      Mr. C. S. Speaker; Mr. George Duncan and Mr. J. G. Mqore, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10984.
    The Columbus, Newark & Zanesville Electric Railway Co. v. Wilson.
    Decided October 20, 1908.
    Error to Circuit Court of Licking county.

      Mr. W. R. Pomerene and Mr. J. R. Fitsgibbon, for plaintiff in error.

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

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


text:
    No. 10988.
    The Cincinnati Traction Company v. Jennings, Admr.
    Decided October 20, 1908.
    Error to Superior Court of Cincinnati. Messrs.

      Kinkead, Rogers & Ellis, for plaintiff in error.

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

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


text:
    No. 10925.
    Jones, Exr., et al. v. Fronfield et al.
    Decided October 20, 1908.
    Error to Circuit Court of Jackson county.

      Messrs McGillivray & Armstrong, for plaintiffs in error.

      Mr. C. S. Mauk and Mr. Timothy S. Hogan, for defendants in error.
    Judgment modified and cause remanded to the court of common pleas for further proceedings according to law. Grounds stated in journal entry.
   This court being of opinion that the circuit court, in an error case, has not power to make' a finding of facts which calls for review by this court, or conclusively binds the court of common pleas, nor to render final judgment except in a case of a finding of controlling facts by the trial court, or they are conceded, it is considered and adjudged that the said judgment of the circuit court be modified as follows: As to the finding of facts therein contained the said judgment is reversed and the said judgment reversing the judgment of the court of common pleas and remanding said cause to said court for further proceedings is affirmed, and said cause is ordered remanded to the Court of Common Pleas of Jackson county for further proceedings according to law.

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


text:
    No. 11035.
    The Cincinnati Traction Company v. Rieck.
    Decided October 20, 1908.
    Error to Superior Court of Cincinnati.

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

      Messrs. Strieker & Johnson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11099.
    The Northern Ohio Traction & Light Co. v. Shaber.
    Decided October 20, 1908.
    Error to Circuit Court of Summit county.

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

      Messrs. Musser, Kimber ¿7 Huffman, for defendant in error.
   Judgment affirmed.

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


author: By the court.

text:
    No. 11562.
    The State, ex rel. Eagle, et al. v. Mills et al., Deputy State Supervisors of Elections, et al.
    Decided October 21, 1908.
    In Mandamus.

      Mr. D. J. Ryan and Mr. George H. Jones, for plaintiffs.

      Mr. E. J. Jones and Mr. R. M. Switzer, for defendants.
   By the court.

Writ of mandamus not allowed.

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


text:
    No. 10492.
    The Wheeling & Lake Erie Railroad Co. v. Parker, Admr.
    Decided October 27, 1908.
    Error to the Circuit Court of Huron county.

      Mr. Stephen M. Young and Messrs. Squire, Sanders & Dempsey, for plaintiff in error.

      Mr. A. V. Andrews and Mr. W. R. Pruner, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10499.
    Fuller et al. v. Waldo et al.
    Decided October 27, 1908.
    Error to Circuit Court of Summit county.

      Messrs. Esgate, Spencer & Snyder, for plaintiffs in error.

      Messrs. Kohler, Kohler & Mottinger, for defendants in error.
   Judgment affirmed; one of the grounds of reversal being that the verdict was against the weight of the evidence.

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


text:
    No. 10835.
    Wallace v. Spellacy.
    Decided October 27, 1908.
    Error to Circuit Court of Harrison county.

      Mr. R. H. Minteer, for plaintiff in error.

      Mr. Milton Taggart and Mr. D. A. Hollingsworth, for defendant in error.
   Judgment of the circuit court reversed and that of the court of common pleas affirmed.

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


text:
    No. 11006.
    The Salem Company v. Tetlow.
    Decided October 27, 1908.
    Error to Circuit Court of Columbiana county.

      Messrs. Billingsley & Clark, for plaintiff in error.

      Messrs, Anderson, McNab & Anderson; Mr. C. S. Speaker and Mr. G. T. Farrell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10495.
    The Farmers' Mill & Grain Co. v. De Franco.
    Decided November 10, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Weed, Miller & Nason, for plaintiff in error.

      Mr. Clement V. Hull, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

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


text:
    No. 10510.
    Pritchard, a Taxpayer, v. The Board of Education of Houston Special School District, etc.
    Decided November 10, 1908.
    Error to Circuit Court of Shelby county.

      Mr. D. Oldham; Mr. Hugh Doorley and Mr. S. L. Wicoff, for plaintiff in ¿rror.

      Mr. H. W. Robinson and Mr. Charles C. Marshall, for defendant in error.
   Judgment affirmed.

Crew, Summers and Spear, JJ., concur.


text:
    No. 10718.
    Village of Mt. Pleasant v. McCullough.
    Decided November 10, 1908.
    Error to Circuit Court of Jefferson county.

      Mr. Ernest L. Finley, for plaintiff in error.

      Mr. P. P. Lewis and Mr. Dio Rogers, for defendant in error.
   Judgment of the circuit court reversed and on undisputed material facts, the judgment of the common pleas is reversed, and judgment is rendered for plaintiff in error on authority of City of Dayton v. Glaser, 76 Ohio St., 471.

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


text:
    No. 10722.
    Griffis v. The Eaton Telephone Co.
    Decided November 10, 1908.
    Error to Circuit Court of Preble county.

      Mr. A. R. Griffis, for plaintiff in error.

      Messrs. Gilmore, Gilmore & Saylor, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 11279.
    The Toledo Railways & Light Co. v. Wettstein, Admr.
    Decided November 10, 1908.
    Error to the Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error.

      Mr. Orion W. Nelson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10520.
    Driver et al., Trustees, etc., v. Thompson.
    Decided November 17, 1908.
    Error to Circuit Court of Allen count}".

      Messrs. Cable & Parmenter and Messrs. Barr & Jackson, for plaintiffs in error.

      Messrs. Ridenour & Half hill, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10897.
    Brown et al., County Commissioners, v. The Akron & Chicago Junction Railroad Co. et al.
    Decided November 17, 1908.
    Error to Circuit Court of Medina county.

      Mr. W. H. McClure, prosecuting attorney; Mr. F. W. Woods; Mr. E. P. Thomas and Messrs. Cushing & Siddal, for plaintiffs in error.

      Mr. J. M. ■Les-sick; Mr. Lee Elliott and Mr. Frank Heath, for defendants in error.
   Judgment as to five thousand dollars reversed, and in other respects, the judgment is affirmed.

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


text:
    No. 11167.
    The Pennsylvania Company v. Enos; Admr.
    Decided November 17, 1908.
    Error to Circuit Court of Richland county.

      Messrs. Douglass & Mengert and Messrs. Carey & Mullins, for plaintiff in error.

      Messrs. McCray

      & McCray and Mr. S. M. Douglass, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11215.
    Catalano v. Cerri, Admr.
    Decided November 17, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews, for plaintiff in error.

      Mr. Harry F. Payer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11278.
    The Toledo Railways & Light Co. v. Campbell.
    Decided November 17, 1908.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error.

      Messrs. Whitlock, Milroy & Mallow and Mr. Ashton H. Coldham, for defendant in error.
    Judgment reversed and cause remanded for further proceedings according to law.. 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 appearing in the charge to the jury on the. trial in the court of common pleas, as follows, viz.: “If vou find from the evidence that the plaintiff’s dray or wagon was upon the track, upon which the car was approaching, and the motorman in charge of the car saw, or by the exercise of reasonable care on his part could have stopped his car, and in the exercise of reasonable and ordinarv care he could have done so before the collision with the plaintiff’s wagon occurred, you will find that the plaintiff is entitled to recover,” it appearing that there was no such issue in the pleadings and that the case was not tried upon such a theory. 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 is hereby reversed and said cause is remanded to said court of common pleas for further proceedings according to law.

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


text:
    No. 10715.
    McCorkle v. Williams et al.
    Decided November 24, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Harry R. Weber, for plaintiff in error.

      Mr. Wm. H. Pugh and Mr. Anthony B. Dunlap, for defendants in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 10721.
    Bogan v. Wagner.
    Decided November 24, 1908.
    Error to Circuit Court of Crawford county.

      Mr. Thomas Beer, for plaintiff in error.

      Mr. J. W. Wright; Mr. A. S. Leuthold and Messrs. Finley & Gallinger, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10961.
    Collins, Admx., v. The Baltimore & Ohio Railroad Co.
    Decided November 24, 1908.
    Error to the Circuit Court of Richland county.

      Messrs. Skiles, Green & Skiles, for plaintiff in error.

      Mr. F. A. Durban and Messrs. Cummings, McBride & Wolfe, for defendant in error.
   Judgment affirmed.

Price, C. J., Shauck, Crew, Summers and Davis, JJ., concu.-.


text:
    No. 10973.
    Pugh, Treasurer, v. Doelker.
    Decided November 24, 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.
   Former judgment adhered to.

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


text:
    No. 10974.
    Bowland, Treasurer, v. Cole et al.
    Decided November 24, 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.
   Former judgment adhered to.

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


text:
    No. 10975.
    Pugh, Treasurer, v. Van Behren.
    Decided November 24, 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.
   Former judgment adhered to.

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


text:
    No. 11193.
    Ritchie v. The State of Ohio.
    Decided November 24, 1908.
    Error to Circuit Court of Stark county.

      Mr. Luther Day, and Mr. W. J. Piero, for plaintiff in error.

      Mr. Charles C. Upham and Mr. Wade H. Ellis, attorney general, for defendant in error.
   Judgment affirmed.

Shauck, Summers and Davis, JJ., concur.


text:
    No. 11194.
    Close v. Parker, Treasurer, et al.
    Decided November 24, 1908.
    Error to Circuit Court of Lucas county.

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

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

Shauck, Crew and Summers, JJ., concur.


author: Price, C. J. and Crew, J.,

text:
    No. 11489.
    Gayman et al. v. The State, ex rel. Rulison, Prosecuting Attorney.
    Decided November 24, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Theodore IT or siman, for plaintiffs in error.

      Mr. Frank F. Dins-more; Mr. IT. M. Rulison, prosecuting attorney, and Messrs. Doyle & Lewis, for defendant in error.
   Judgment affirmed.

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

Price, C. J. and Crew, J.,

concur on the sole ground that the

committee appointed under the joint resolution had no power to act after the final adjournment of the legislature which could not reconvene of its own motion.


text:
    No. 10526.
    The Capitol Food Co. v. Shively.
    Decided December 1, 1908.
    Error to Circuit Court of Miami county.

      Messrs. Long & Kyle, for plaintiff in error.

      Mr. O. B. Jamison, for defendant in error.
   Judgment .affirmed.

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


text:
    No. 10532.
    The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Curran, by etc.
    Decided December 1, 1908.
    Error to Circuit Court. of Cuyahoga county.

      Messrs. Cook, McGozvan & Foote, for plaintiff in error.

      Mr. C. L. Hotge and, Mr. E. S. Meyer, for defendant in error.
   Judgment of circuit court reversed and that of the court of common pleas affirmed.

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


text:
    No. 10553.
    Campbell et al. v. McCue et al.
    Decided December 1, 1908.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Douglass & Workman; Mr. Frank O. I.evering; Mr. S. H. Gottshall and Messrs. Sq'uire, Sanders & Dempsey, for plaintiffs in error.

      Messrs. Solders, Thayer, Mansñeld & Day, for defendants in error.
   Former judgment adhered to.

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


text:
    No. 10737.
    McMahon., Admr., v. D. S. Ambach & Co., et al.
    Decided December 1, 1908.
    Error to Circuit Court of Franklin county.

      Mr. FI. H. McMahon, for plaintiff in error.

      Messrs. Huggins, Huggins & Johnson; Mr. John

      R. Horst and Mr. Charles I. Stouffer, for defendants in error.
   Judgment affirmed on authority of McMahon, Admr., v. D. S. Ambach & Co., et al., 79 Ohio St., 103.

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


text:
    No. 10752.
    Gund v. The Cleveland Store Fixture Co.
    Decided December 1, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. M. P. Mooney, for plaintiff in error.

      Messrs. Carr, Stearns & Chamberlain and Mr. W. H. Hill, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 10768.
    Dusenbury v. West.
    Decided December 1, 1908.
    Error to Circuit Court of Franklin county.

      Messrs. Addison, Sinks & Babcock, for plaintiff in error.

      Messrs. Kinkead, Sheets & West, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 10545.
    The Dayton & Troy Electric Railway Co. v. Neher.
    Decided December 8, 1908.
    Error to Circuit Court of Miami county.

      Messrs. B. PI. & R. A. Kerr and Mr. A. F. Broom-hall, for plaintiff in error.

      Messrs. Davy & St. John, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10572.
    Pabst, Auditor, v. The State, ex rel. The Sun Publishing Co.
    Decided December 8, 1908.
    Error to Circuit Court of Butler county.

      Mr. R. S. Woodruff, prosecuting attorney, for plaintiff in error.

      Mr. J. B. Con-naught on and Messrs. Neilan & Neilan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10573.
    The Cincinnati, Hamilton & Dayton Railway Co. v. Grose by etc.
    Decided December 8, 1908.
    Error to Circuit Court of Hancock county.

      Mr. F. W. Stevens; Mr. C. G. Cunningham■; Mr. H. F. Burket; Mr. Edward Colston and Messrs. Seiders & Cunningham, for plaintiff in error.

      Mr. John W. Grimm; Mr. Ross J. Wetherald and Messrs. Ross & Kinder, for defendant in error.
   Judgment reversed and judgment in favor of plaintiff in error, on authority of Railroad Company v. Harvey, 77 Ohio St., 235.

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


text:
    No. 10579.
    Cook et al. v. The Pennsylvania & Ohio Railway Co.
    Decided December 8, 1908.
    Error to Circuit Court of Ashtabula county.

      Mr. R. W. Calvin and Messrs. Hoyt, Munsell & Hall, for plaintiffs in error.

      Mr. Charles iMwyer and Mr. H. E. Starkey, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10593.
    Auer v. Shenk et al.
    Decided December 8, 1908.
    Error to Circuit Court of Allen county.

      Mr. Horace A. Reeve and Messrs. Ridenour & Halfhill, for plaintiff in error.

      Mr. John F. Lindemann and Messrs. Cable & Parmenter, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10607.
    Ervin v. Jackson.
    Decided December 8, 1908.
    Error to Circuit Court of Jackson county.

      Mr. Elmer C. Powell, for plaintiff in error.

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

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


text:
    No. 10706.
    The Cleveland Electric Railway Co. v. Kirkbride.
    Decided December 8, 1908.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. Walter C. Ong and Mr. Jacob H. Schoen, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10708.
    Federal Union Surety Co. v. Smith et al.
    Decided December 8, 1908.
    Error to Circuit Court of Crawford county.

      Mr. F. M. Dotson and Messrs. Kennedy & Kennedy, for plaintiff in error.

      Messrs. Finley & Gallinger; Messrs. Beer & Guernsey; Mr. C. F. Schaber; Mr. J. W. Miller and Messrs. Leuthold & Leuthold, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10712.
    The Board of Education of The Cloverdale Village School District et al. v. Stretker, etc.
    Decided December 8, 1908.
    Error to Circuit Court of Putman county.

      Messrs. Handy & Unverferth and Messrs. Bailey & Leasure, for plaintiffs in error.

      Messrs. Straman & Straman; Mr. E. F. Wieser and Mr. J. W. Smith, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10775.
    Walz, by etc., v. The Cincinnati Traction Co.
    Decided December 8, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Cobh, Howard & Bailey and Mr. Thomas L. Michie, for plaintiff in error.

      Mr. George H. Warrington, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10610.
    The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Newman, Admr.
    Decided December 15, 1908.
    Error' to Circuit Court of Crawford county.

      Mr. H. R. Schuler and Messrs. Cummings, McBride & Wolfe, for plaintiff in error.

      Mr. P. W. Poole; Messrs. Finley & Gallinger and Messrs. Skiles, Green & Skiles, for defendant in error.
   Tudmuent affirmed.

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


text:
    No. 10614.
    The Roby Coal Co. v. Hill.
    Decided December 15, 1908.
    Error to Circuit Court of Harrison ’county.

      Messrs. Perry & Rowland, for plaintiff in error.

      Mr. Albert O. Barnes, for defendant in error.
   Judgment affirmed as to the judgment of reversal and the final judgment of circuit court reversed and cause remanded to court of common pleas for further proceedings according to law.

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


text:
    No. 10628.
    North British & Mercantile Insurance Co. v. Smith et al.
    Decided December 15, 1908.
    Error to Circuit Court of Hardin county.

      Messrs. Johnson & Johnson and Mr. J. W. Mooney, for plaintiff in error.

      Mr. Phil M. Crozv, for defendants in error.
   Judgment of circuit court reversed and that of common pleas affirmed.

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


text:
    No. 10678.
    The Jung Brewing Co. v. Schmidt.
    Decided December 15, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Harmon, Colston, Goldsmith & Hoadley and Mr. Oscar Stoehr, for plaintiff in error.

      Messrs. Renner & Renner; Mr. Eugene JJeim and Mr. Gustave R. W erner, for defendant in error.
   Judgment affirmed.-

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


text:
    No. 10723.
    Urbanowitz, by etc., v. Flandermeyer et al.
    Decided December 15, 1908.

      Error to Circuit Court of Cuyahoga county.

      Mr. Hermann Preusser, for plaintiff in error.

      Mr. Max J. Pfister and Mr. Alex. H. Martin, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10727.
    Rizor v. Durkin et al.
    Decided December 15, 1908.
    Error to Circuit Court of Marion county.

      Messrs. Mouser & Quigley and Messrs. Scofield, Durfee & Scofield, for plaintiff in error.

      Messrs. Cris singer & Guthery, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10755.
    The Prudential (Life) Insurance Co. v. Fuller.
    Decided December 15, 1908.
    Error to Circuit Court of Portage county.

      Messrs. Musser, Kimber & Huffman, for plaintiff in error..

      Mr. W. J. Beckley, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 11110.
    Anderson et al. v. The City of Cleveland et al.
    Decided December 15, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Charles W. Poland and Mr. P. H. Kaiser, for plaintiff in error.

      Mr. Newton D. Baker, city solicitor; Mr. E. K. Wilcox and Mr. John .H. Clarke, for defendants in error.
   Judgment affirmed.

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


text:
    No. 11314.
    Caito v. Smiley, Exr., et al.
    Decided December 15, 1908.
    Error to Circuit Court of Hamilton county.

      Messrs. Morse, Tuttle & Harper and Messrs. Healy, Ferris & McAvoy, for plaintiff in error.

      Messrs. Powell & Smiley; Mr. John Nicholas; Mr. Samuel A. West and Mr. B. T. Archer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 11325.
    Ryan v. The State of Ohio.
    Decided December 15, 1908.
    Error to Circuit Court of Athens county.

      Mr. W. O. Henderson and Messrs. Grosvenor, Jones & Worstell, for plaintiff in error.

      Mr. S. V. McMahon, prosecuting attorney, and Mr. W. A. Carey, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10527.
    Fisher v. Scott, Admr.
    Decided December 22, 1908.
    Error to Circuit Court of Mahoning county.

      Messrs. Moore & Craver and Mr. C. F. Ohl, for plaintiff in error.

      Messrs. Ar-rel, Wilson & Harrington and Mr. Thomas J. McNamara, Jr., for defendant in error.
   Judgment affirmed.

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


text:
    No. 10543.
    Barnes v. George.
    Decided December 22, 1908.
    Error to Circuit Court of Jefferson .county.

      Mr. D. M. Gruber and Mr. A. C. Letvis, for plaintiff in error.

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

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


text:
    No. 10546.
    The National Accident Society of N. Y. City v. Hildebrant.
    Decided December 22, 1908.
    Error to Circuit Court of Fayette county.

      Mr. Frank A. Chaffin, for plaintiff in error.

      Mr. John Logan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10728.
    Throckmorton v. Bartholomew.
    Decided December 22, 1908.
    Error to Circuit Court of Ross county.

      Mr. Gilbert H. Stewart; Mr. Mills Gardner; Mr. John Logan and Mr. John I. Throckmorton, for plaintiff in error.

      Mr. Peter J. Blosser, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10741.
    Morse v. Bender.
    Decided December 22, 1908.
    Error to Circuit Court of Rich-land county.

      Messrs. Skiles, Green & Skiles, for plaintiff in error.

      Messrs Cattey & Coble and Messrs. Laser, Huston & Marquis, for defendant in error.
   Judgment affirmed.

Crew, Summers and Spear, JJ., concur.


text:
    No. 10743.
    Phillips v. Steiner et al.
    Decided 22, 1908.
    Error to Circuit Court of Monroe county.

      Messrs. Mallory, Jeffers & Sears; Messrs. Spriggs & Gallaher and Mr. A. C. Denbozv, for plaintiff in error.

      Messrs. Mats & Kremer, for defendant's in error.
   Judgment affirmed.

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


text:
    No. 10744.
    Phillips v. Stauffer et al.
    Decided December 22, 1908.
    Error to Circuit Court of Monroe county.

      Messrs. .Mallory, Jeffers & Sears; Messrs. Spriggs & Gallaher and Mr. A. C. Denbozv, for plaintiff in error.

      Messrs. Mats & Kremer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10776.
    Royer v. Shanafelt, Admr.
    Decided December 22, 1908.
    Error to Circuit Court of Portage county.

      Mr. I. H. Phelps and Mr. A. S. Cole, for plaintiff in error.

      Mr. J. H. Dussel and Messrs. Cushing & Siddall, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10987.
    The Pennsylvania Company v. Raub, by etc.
    Decided December 22, 1908.
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, Wilson & Harrington, for plaintiff in error.

      Messrs. Anderson, McNab & Anderson and Messrs. W. S. Anderson & Son, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10559.
    Silby v. Haviland et al.
    Decided December 23, 1908.
    Error to Circuit Court oí Eluron county.

      Messrs. McKnight & Thomas, for plaintiff in error.

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

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


text:
    No. 10563.
    Winget v. Burger et al.
    Decided December 23, 1908.
    Error to Circuit Court of Pike county.

      Mr. John W. Long and Mr. C. M. Caldwell, for plaintiff in error.

      Mr. F. E. Dougherty, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10751.
    The Toledo & Ohio Central Railway Co. v. Miller.
    Decided December 23, 1908.
    Error to Circuit Court of Log'an county.

      Messrs. Doyle & Lewis and Mr. A. J. Miller, for plaintiff in error.

      Mr. Duncan Dozv and E. P. Chamberlin and Mr. Ben S. Johnston, for defendant in error.
   Judgment of circuit court reversed and that of common pleas affirmed.

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


text:
    No. 10754.
    Altfelix v. Halliday, et al.
    Decided December 23, 1908.
    Error to Circuit Court of Franklin county.

      Mr. F. F. D. Albery and Messrs. Bright & Bright, for plaintiff in error.

      Mr. J. T. Holmes, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10783.
    Skinner et al. v. Hopple.
    Decided December 23, 1908.
    Error to Circuit Court of Lucas county.

      Messrs. Mulholland & Hartman, for plaintiffs in error.

      Mr. J. D. Watson; Mr. Sherman W. Lott and Mr. Joseph W. Lane, for defendant in error.
   Judgment affirmed.

Shauck, Crew and Spear, JJ., concur.


text:
    No. 11312.
    Hall v. Hall et al.
    Decided December 23, 1908.
    Error to Circuit Court of Hamilton county.

      Mr. Albert Bettinger, for plaintiff in error.

      Mr. W. C. Cochran and Mr. William L. Dickson, for defendants in error.
   Judgment affirmed.

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


text:
    No. 11584.
    The State, ex rel. McMahon, Prosecuting Attorney, v. Madigan, Treasurer, et al.
    Decided December 23, 1908.
    Error to Circuit Court of Cuyahoga county.

      Mr. Sylvester V. McMahon, prosecuting attorney, and Messrs. Ford, Snyder & Tilden, for plaintiff in error.

      Mr. H. IT. McKeehan; Mr. John L. Cannon and Mr. Frank S. Day, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10585.
    Green et al., Exrs., v. Ashley, Exr., et al.
    Decided January 12, 1909.
    Error to Circuit Court of Morrow county.

      Mr. W. P. Vaughan and Mr. J. W. Barry, for plaintiffs in error.

      Messrs. Mitchell & Bruce; Messrs. H. H. & R. M. Greer; Mr. F. V. Owen and Messrs. Harlan & Wood, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10587.
    The Toledo, Bowling Green & Southern Traction Co. v. Sterling.
    Decided January 12, 1909.
    Error to Circuit Court df Wood county.

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

      Mr. S. P. Harrison, for defendant in error.
   Judgment affirmed.-

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


text:
    No. 10613.
    The Ohio Central Traction Co. v. Kiess.
    Decided January 12, 1909.
    Error to Circuit Court of Crawford county.

      Mr. Anson Wickham and Messrs. Cummings, McBride & Wolfe, for plaintiff in error.

      Mr. R. V. Sears and Messrs. Leuthold & Leuthold, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10615.
    Birney v. Birney et al., Exrs., et al.
    Decided January 12, 1909.
    Error to Circuit Court of Harrison county.

      Messrs. Perry & Rowland, for plaintiff in error.

      Messrs. Hollingsworth & Worley, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

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


text:
    No. 10630.
    Divine et al. v. Hiss et al.
    Decided January 12, 1909.
    Error to Circuit Court of Lucas county.

      Messrs. Ray & Cor dill, for plaintiffs in error.

      Mr. M. D. Merrick; Mr. J. C. Jones; Mr. Thomas N. Bierly and Mr. J. P. Crawford, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10631.
    Austin v. Russell et al.
    Decided January 12, 1909.
    Error to Circuit Court of Montgomery county.

      Messrs. McMahon & McMahon, for plaintiff in error.

      Messrs. McKemy & Bellville and Messrs. Runyan & Stanley, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10634.
    Eisele v. The Merchants' and Manufacturers' National Bank of Columbus et al.
    Decided January 12, 1909.
    Error to Circuit Court of Franklin county.

      Mr. James C. Nicholson, for plaintiff in error.

      Mr. Florizel Smith and Messrs. Henderson, Livesay & Burr, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10642.
    Herbster v. Stang et al.
    Decided January 12, 1909.
    Error to Circuit Court of Ottawa county.

      Mr. Lawrence Harmon and Mr. Scott Stahl, for plaintiff in error.

      Mr. W. B. Starbird and Mr. W. LI. A. Redd, for defendants in error.
   Judgment affirmed.

Spear, Davis and Price, JJ., concur.


text:
    No. 11324.
    The City of Toledo v. Smith.
    Decided January 12, 1909.
    Error to Circuit Court of Lucas county.

      Mr. Charles S. Northup, city solicitor, and Mr. Charles H. Masters, for plaintiff in error.

      Mr. Charles A. Aten and Mr. Charles K. Friedman, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11293.
    Barrow, Admx., v. The Cincinnati, Lawrenceburg & Aurora Electric Street Railway Co.
    Decided January 12, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Dudley P. Wayne and Mr. W. A. Hicks, for plaintiff in error.

      Messrs. Robertson & Buchwalter, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10639.
    Wilcox et al. v. Fligor.
    Decided January 12, 1909.
    Error to Circuit Court of Crawford county.

      Messrs. Leuthold & Leuthold and Mr. R. V. Sears, for plaintiffs in error.

      Messrs. Finley & Gallinger, for defendant in error.
   Judgment affirmed.

Spear, Davis and Price, JJ., concur.


text:
    No. 10643.
    W. H. Kiblinger & Co. v. Drought.
    Decided January 19, 1909.
    Error to Circuit Court of Ashtabula county.

      Mr. Allen M. Cox, for plaintiff in error.

      Mr. A. J. Trunkey, for defendant in error.
   Judgment of circuit court reversed and judgment of court of common pleas affirmed.

Spear, Davis, Sitaucic and Price, JJ., concur.


text:
    No. 10644.
    Fauble v. David, Admr.
    Decided January 19, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. .Charles F. Morgan, for plaintiff in error.

      Mr. J. C. FLeald and Mr. Edward David, for defendant in error.
   Judgment affirmed.

Spear, Davis and Sitaucic, JJ., concur.


text:
    No. 10648.
    Wehner v. Kimmig et al.
    Decided January 19, 1909.
    Error to Circuit Court of Montgomery county.

      Messrs. Wright & Ozias and Mr. Carl L. Baumann, for plaintiff in error.

      Mr. John W. Kreitser, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10796.
    The Crystal Ice Manufacturing & Cold Storage Co. v. Pletsch & Sutton.
    Decided January 19, 1909.
    Error to Circuit Court of Franklin county.

      Mr. Walter B. Page, for plaintiff in error.

      Mr. John L. Davies, 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 be, and the same is hereby, reversed, and this court proceeding to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the court of common pleas be, and it hereby is reversed for error in refusing to give to the jury the second instruction requested.

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


text:
    No. 10801.
    The H. H. Hessler Co. v. The Teutonic Insurance Co.
    Decided January 19, 1909.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. C. W. Fuller and Mr. L. R. Canfield, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11036.
    Conrad v. The Keller Brick Co.
    Decided January 19, 1909.
    Error to Circuit Court of Summit county.

      Messrs. Smith & Myers and Mr. G. M. Anderson, for plaintiff in error.

      Mr. L. B. Bacon and Messrs., Musser, Kimber & *Huffman, for defendant in error.
    Judgment affirmed. Crew, C. J., Summers, Davis, Sriauck and Price, JJ., concur.


text:
    No. 11484.
    Swing, Trustee, v. Crane et al.
    Decided January 19, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Smith W. Bennett and Mr. Patterson A. Reece, for plaintiff in error.

      Messrs. Stephens, Lincoln & Stephens, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10663.
    Sands, an Infant, by etc., v. The Betts Street Furniture Co.
    Decided January 26, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Cogan & Williams, for plaintiff in error.

      Messrs. Robertson & Buchwalt'r, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10666.
    The Dollar Savings & Trust Co. et al v. Hoffstot et al.
    Decided January 26, 1909.
    Error to Circuit Court of Mahoning county.

      Messrs. Hine, Kennedy & Robinson and Mr. D. J. Hartwell, for plaintiffs in error.

      Mr. Horace F. Smith; Mr. W. W. Zimmerman; Mr. R. B. Murray and Mr. S. M. Thompson, for defendants in error.
   Judgment affirmed.

Spear, Davis and Price, JJ., concur.


text:
    No. 10670.
    The City of Galion v. Miller.
    Decided January 26, 1909.
    Error to Circuit Court of Crawford county.

      Mr. L. C. Barker, city solicitor, and Mr. W. J. Geer, for plaintiff in error.

      Messrs. Skiles, Green & SIdles and Messrs. Finley & Gallinger, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10675.
    The Incorporated Village of Ottawa v. Salsbury.
    Decided January 26, 1909.
    Error to ..Circuit Court of Putnam county.

      Messrs. Bailey & Leasure, for plaintiff in error.

      Messrs. Watts & Moore and Messrs. Risser & Smith, for defendant in error.

   Judgment affirmed.

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


text:
    No. 10797.
    The Lima Locomotive and Machine Co. v. The Champion Iron Co.
    Decided January 26, 1909.
    Error to Circuit Court of Allen county.

      Mr. W. H. Leete and Messrs. Prophet & Eastman, for plaintiff in error.

      Mr. George E. Crane and Messrs. Wheeler & Bentley, for'defendant in error.
   Judgment affirmed.

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


text:
    No. 11042.
    Carter et al. v. Foss et al.
    Decided January 26, 1909.
    Error to Circuit Court of Lake county.

      Mr. Plarry E. Hammer and Messrs. Alvord & Reynolds, for plaintiffs in error. Mr. G. N. Tuttle; Mr. E. F. Blakely; Mr. Martin A. Tuttle and Mr. Homer Harper, for defendants in error.
   Judgment affirmed.

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


text:
    No. 11149.
    McGuire v. Harmon, Receiver.
    Decided January 26, 1909.
    Error to Superior Court of Cincinnati.

      Messrs. Strieker & Johnson, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith & Hoadley, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11232
    Little, Admr., v. James B. Clow & Sons.
    Decided January 26, 1909.
    Error to Circuit Court of Tuscarawas county.

      Messrs. Lindsay & Murphy and Messrs. Healea & Healea, for plaintiff in error.

      Mr. J. G. Patrick and Mr. P. S. Olmstead, for defendant .in error.
   Judgment affirmed.

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


text:
    No. 10679.
    The City of Mansfield v. Gordon.
    Decided February 2, 1909.
    Error to Circuit Court of Richland county.

      Mr. Glenn M. Cummings, for plaintiff, in error.

      Mr. Van C. Cook, for defendant in error.
   Judgment affirmed.

Spear, Davis and Price, JJ., concur.


text:
    No. 10680.
    Mader, Trustee, v. Holden, Admr., et al.
    Decided February 2, 1909.
    Error to Circuit Court of Muskingum» county. '

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

      Mr. George K. Browning and Mr. Robert King, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10684.
    Eastman v. Eastman.
    Decided February 2, 1909.
    Error' to Circuit Court of Crawford county:

      Mr. Edtvard Vollrath, for plaintiff in error.

      Mr. Anson. Wickham and Mr.

      L. C. Heighner, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10687.
    Kelly v. Kelly et al.
    Decided February 2, 1909.
    Error to Circuit Court of Hardin county.

      Messrs. Smick. & Hoge, for plaintiff in error.

      Messrs. Stickle & Cessna and Mr. John H. Clark, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10823.
    Smith v. Coolidge.
    Decided February 2, 1909.
    Error to Circuit Court of Franklin county.

      Mr. W. G. Brossman and Mr. G. A. Fairbanks, for plaintiff in error.

      Mr. C. L. Brewer, for defendant in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 10849.
    Barron v. Leach et al.
    Decided February 2, 1909.
    Error to Circuit Court of Lucas county.

      Messrs. Ray & Cor dill and Mr. John P. Crazvford, for plaintiff in error.

      Messrs. Ray & Cordill; Mr. Johnson Thurston; Mr. J. P. Crawford and Mr. J. F. Stephenson, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 10851.
    The Brown Manufacturing Co. v. Robinson et al.
    Decided February 2, 1909.
    Error to Circuit Court of Summit county.

      Messrs.
      Wilcox, Parsons, Burch & Adams, for plaintiff in error.

      Messrs. Grant, Sieber & Mather, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 10896.
    Downs v. Miller et al., Commissioners, et al.
    Decided February 2, 1909.
    Error to Circuit Court of Ross county.

      Mr. John P. Phillips and Mr. James I. Boulger, for plaintiff in error.

      Mr. Elijah Cutright; Mr. Silas F. Garrett and Mr. Peter J. Blosser, for defendants in error.
   Judgment of the circuit court vacated and cause remanded to that court with instructions to pass upon the assignments of error.

Summers, Davis, Si-iaucic and Price, JJ., concur.


text:
    No. 11074.
    Conway et al. v. Dittrick, Trustee.
    Decided February 2, 1909.
    Error to Circuit Court of Summit county.

      Mr. W. B. Neff; Mr. W. D. McTighe and Messrs. Kohler, Kohler & Mottinger, for plaintiffs in error.

      Messrs. Grant, Sieber & Mather, for defendant in error.
   Judgment affirmed, the question of right to appeal being waived by the parties.

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


text:
    No. 11075.
    Dittrick, Trustee, v. Conway et al.
    Decided February 2, 1909.
    Error to Circuit Court of Summit county.

      Messrs. Grant, Sieber & Mather, for plaintiff in error.

      Mr. W.B. Neff; Mr. W. D. McTighe and Messrs. Koehler, Koehler & Mottinger, for defendants in error.
   Judgment affirmed, the question of right to appeal being waived by the parties.

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


text:
    No. 11119.
    Oakman v. Rose Furniture Co.
    Decided February 2, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. J. A. Fenner; Messrs. Carpenter, Young & Carpenter and Mr. Abraham Kolinsky, for plaintiff in error.

      Mr. Max P. Goodman and Mr. M. M. Black, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11186.
    The Empire Coal Mining Co. v. George.
    Decided February 2, 1909.
    Error to Circuit Court of Belmont county.

      Mr. S. M. Douglass; Mr. A. FI. Mitchell and Mr. W. Clyde Grubbs, for plaintiff in error.

      Mr. James C. Toll-man; Mr. E. E. Clevenger and Mr. Fred Spriggs, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10691.
    Deering v. The Society for Savings in the City of Cleveland et al.
    Decided February 9, 1909.
    Error to Circuit Court of Cuyahoga county.
    Mr., M. P. Mooney, for plaintiff in error.

      Messrs. Hart, Canfield & Croke and Messrs. Cushing & Siddal for defendants in error.
   Judgment affirmed.

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


text:
    No. 10692.
    Mitchell, Auditor, v. The State, ex rel. Neal.
    Decided February 9, 1909.
    Error to Circuit Court of Knox county.

      Messrs. H. H. & R. M. Greer and Mr. Columbus Ezvalt, for plaintiff in error.

      Mr. L. B. Houck; Mr. F. V. Owen and Mr. Robt. J. King, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10701.
    Walch et al. v. Eagan et al.
    Decided February 2, 1909.
    Error to Circuit Court of Lucas .county.

      Mr. Ralph Emery, for plaintiffs in error.

      Mr. Gilbert Harmon, for defendants in error.
   Judgment affirmed.

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


text:
    No. 11140.
    Bell, Jr., v. Brinkerhoff.
    Decided February 9, 1909.
    Error to Circuit Court of Richland .county.

      Messrs. Cummings, McBride & Wolfe and Messrs. Jones & James, for plaintiff in error.

      Mr. H. E. Bell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10696.
    John Deere Plow Co. v. Dungan.
    Decided February 16, 1909.
    Error to Circuit Court of Pickaway county.

      Mr. E. B. Kinkead and Mr. Meeker Terwilliger, for plaintiff in error.

      Mr. Charles Gerhardt, for defendant in error.
   "Judgment affirmed.

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


text:
    No. 10702.
    Dunbar v. Egler.
    Decided February 16, 1909.
    Error to Circuit Court of Defiance county.

      Mr. Henry B. Harris and Messrs. Winn & Hay, for plaintiff in error.

      Mr. J. H. Hockman and Messrs. Ansberry & Farrell, for defendant in error.
   Judgment affirmed on authority of Hartnett v. State, 42 Ohio St., 568.

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


text:
    No. 10703.
    The Stearns & Foster Co. v. Brigel, Jr., et al.
    Decided February 16, 1909.
    Error to Circuit Court of Flamilton county.

      Messrs. Rettinger & Gorman and Mr. Edvuards Ritchie, for plaintiff in error.

      Mr. Frank F. Dins-more and Mr. Anthony B. Dunlap, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10705.
    Alkire v. Yates.
    Decided February 16, 1909.
    Error to Circuit Court of Pickaway county.

      Mr. Clarence Curtain and Messrs. Abernethy & Folsom, for plaintiff in error.

      Mr. J. W. Adkins and Messrs. Snyder & Lindsay, for defendant in error.
   Judgment affirmed.

Spear, Davis and Shauck, JJ., concur.


text:
    No. 10711.
    Konst v. The Christ Diehl Brewing Co.
    Decided February 16, 1909.
    Error to Circuit- Court of Putnam county.

      Messrs. Bailey & Leasure, for- plaintiff in error.

      Mr. B. F.

      Enos and Messrs. Risser & Smith, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10713.
    Ruthruff v. Hinman.
    Decided February 16, 1909.
    Error to Circuit Court of Crawford county.

      Mr. W. J. Schwenck and Mr. J. W. Wright, for plaintiff, in error.

      Mr. R. V. Sears and Mr. Thomas Beer, for defendant in error.
   Judgment affirmed.

Davis, Spiauck and Price, JJ., concur.


text:
    No. 10717.
    The Indiana Scale & Truck Co. v. Laughlin.
    Decided February 16, 1909.
    Error to Circuit Court of Lucas county. Mr. D. L. Beall, for plaintiff in error.

      Mr. T. J. McDonnel and Mr. Pierce J. Phelan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10770.
    The Lake Shore & Michigan Southern Railway Co. v. Loftus.
    Decided February 16, 1909.
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, Wilson & Harrington, for plaintiff in error.

      Messrs. Anderson, McNab & Anderson, for defendant in error.
   Judgment of circuit court reversed and judgment of court of common pleas affirmed.

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


text:
    No. 10905.
    Carrothers v. Mizener et al.
    Decided February 16, 1909.
    Error to Circuit Court of Ottawa county.

      Mr. Scott Stahl, for plaintiff in error.

      Mr. William Gordon, for defendants in error.
   Judgment affirmed.

Summers, Davis and Price, JJ., concur.


text:
    No. 11097.
    The Hocking Valley Railway Co. v. Klunk.
    Decided February 16, 1909.
    Error to Circuit Court of Marion county.

      Mr. C. O. Hunter, for plaintiff in error.

      Messrs. Pugh & Pugh and Mr. F. S. Monnett, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11206.
    Murphy v. The Cleveland & Sandusky Brewing Co.
    Decided February 16, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. Hermann Preusser, for plaintiff in error.

      Messrs. Squire, Sanders & Dempsey and Messrs. Higley & Maurer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 11219.
    Judd v. The State of Ohio.
    Decided February 16, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Ford, Snyder & Tilden and Mr. H. Melvin Roberts, for plaintiff in error.

      -Messrs. Gage, Wilbur & Williams and Mr. Wade H. Ellis, attorney general, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10654.
    Leisy, Trustee, v. The Ohio Savings & Loan Co.
    Decided February 23, 1909.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Solders, Thayer & Mansfield, for plaintiff in error.

      Messrs. Tanney & Barber, for defendant in error.
    Judgment modified. Grounds stated in journal entry.
   This court finds that the sa-id circuit court was in error in finding and holding that there remained owing upon the mortgage debt due from Thomas Franklin to the defendant in error, The Ohio Savings & Loan Company, at the date of the approval of sale, Majr 13, 1896, a sum in excess of six hundred dollars and in adjudging the amount due on the mortgage assumed by said Ada Franklin (now Webber) the purchaser at said .sale to be the sum of $572.84 as of the date of the rendition of judgment by said circuit court, and in these respects the said judgment should be and is reversed, this court holding that the amount assumed as owing on said mortgage MW 13, 1896, was the sum only of six hundred dollars, and that the amount actually due said defendant in error is said sum of six hundred dollars reduced by the payments made on said indebtedness after the said date, which, reckoning interest at the rate of eight per cent., the court finds to be the sum of $161.14, as of the date of said judgment and decree of the circuit court and the said judgment should be modified so as to conform to this finding and order.

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


text:
    No. 10724.
    Stitcher v. Stitcher et al.
    Decided February 23, 1909.
    Error to Circuit Court of Miami county.

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

      Messrs. Long & Kyle, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10725.
    Freese et al., Exrs., v. Freese.
    Decided February 23, 1909.
    Error to Circuit Court of Crawford county.

      Mr. W. J. Geer, for plaintiffs in error.

      Messrs. Kennedy & Kennedy and Messrs. Leuthold & Leuthold, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10726.
    Fries v. The Buckeye Malleable Iron & Coupler Co.
    Decided February 23, 1909.
    Error to Circuit Court of Franklin county.

      Mr. J. B. Kahle, for plaintiff in error.

      Messrs. Pomerene & Pomerenc and Messrs. Seaton & Paine, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10731.
    The City of Columbus v. The Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
    Decided February 23, 1909.
    Error to Circuit Court of Franklin county.

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

      Mr. W. O. Henderson, for defendant in error.
    Judgment modified as stated in journal entry.
   It is ordered and adjudged by this court that the judgment and decree of the said circuit court be and the same hereby is modified so as to require said defendant, The Cleveland, Cincinnati, Chicago & St. Louis Railway Company to erect or cause to be erected, at its own expense, on so much of its said property, described in the petition, fronting on the east side of said viaduct and its north approach, as lies north of the defendant’s buildings heretofore erected and now existing on a part of its said property and. referred to in the petition; and on so much of its said property described in the petition, fronting on the west side of said viaduct and its north approach, as lies between the north line of the right of way of The Pittsburg, Cincinnati, Chicago & St. Louis Railway Company and the south line of the building known as the Monj^peny-Hammond Company building, erected since the beginning of this action on a part of said defendant’s property, the south line of said building being at or near the south line of the north abutment of said viaduct, at the same elevation and with the same clearance as that of the viaduct, namely, sixteen feet, three inches, neat and ornamental buildings of the kind of material, size and style of the defendant’s said existing buildings, to be commenced by said defendant within sixty days after this decree has been entered on the journal of this court and to be prosecuted without unnecessary delay, and to be fullv completed within two years after the entry of this decree. And this cour-t doth reserve the consideration of all further directions and modifications of said judgment and decree and of the obligation of the said defendant in error to build on other portions of its said property, particularly on that property fronting on. the viaduct south of Maple street, and either party shall be at liberty to apply to the court as occasion shall require. In all other respects said judgment and decree is affirmed. Ordered that the further consideration of this case be adjourned until the further order of the court. Ordered that the cross-petition in error herein be and the same is hereby dismissed at the costs of the said defendant in error herein,' and it is further ordered that the' said defendant in error pay its own costs herein and that plaintiff in error herem recover its costs from the said defendant in error.

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


text:
    No. 10732.
    The City of Columbus v. The Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
    Decided February 23, 1909.
    Error to Circuit Court of Franklin county.

      Mr. George S. Marshall, citv solicitor; Mr. Edgar L. Weinland and Mr. Fred R. Hoover, for plaintiff in error.

      Messrs. Flenderson, Lives ay & Burr, for defendant in error.
    Judgment modified as stated in journal entry.
   It is ordered and adjudged by this court that the judgment and decree of the said circuit court be and the same hereby is modified so as to require the said defendant, The Pittsburg, Cincinnati, Chicago & St. Louis Railway Company, to erect or cause to be erected, at its own expense, on its said property, being the third and fourth parcels described in the petition, on the west side of said viaduct, from the north line, of the defendant’s said property on High street, adjacent to said viaduct, southerly to the intersection of High street and Maple street at the same elevation and with the same clearance as that of the viaduct, namely, sixteen feet, three inches, neat and ornamental buildings of the kind of material, size and style of the defendant’s said existing buildings, erected by it, fronting on the east side of said viaduct, to be commenced by said defendant within sixty days after this decree has been entered on the journal of this court, and to .be prosecuted without unnecessary delay, and to be fully completed within two years after the entering of this decree. And this court doth reserve the consideration of all further directions and modifications of said judgment and decree and of the obligation of the said defendant in error to build on other portions of its said property, particularly on that property fronting on the viaduct south of Maple street and either party shall be at liberty to apply to the court as occasion shall require. In all other respects said judgment and decree is affirmed. Ordered that the further consideration of this case be adjourned until the further order of the court. Ordered that the cross-petition in error herein be and the same is hereby dismissed at the costs of the said defendant in error herein, and it is further ordered that the said defendant in error pay its own costs herein and that the plaintiff in error herein recover its costs from the said defendant in error.

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


text:
    No. 10757.
    The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Waddell.
    Decided February 23, 1909.
    Error to Circuit Court of Marion county.

      Messrs. Mouser & Quigley and Mr. L. J. Hackney, for plaintiff in error.

      Messrs. Jacoby & Donithen and Messrs. Scoñeld, Durfee & Scofield, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10761.
    Washington v. The Pullman Company.
    Decided February 23, 1909.
    Error to Circuit Court of Lucas county.

      Mr. C. A. Thatcher, for plaintiff in error.

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

Summers, Davis and Si-iaucic, JJ., concur.


text:
    No. 10765.
    Burke v. The City of Portsmouth.
    Decided February 23, 1909.
    Error to Circuit Court of Scioto county.

      Messrs. Evans & Moulton, for plaintiff in error.

      Mr. Cecil S. Miller, city solicitor, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10771.
    The Continental Casualty Co. v. Lawhorn.
    Decided February 23, 1909.
    Error to Circuit Court of Pike- county.

      Mr. Mantón

      Maverick; Messrs. Bcnnon & Ban;:on and Messrs. Eylar & Douglas, for plaintiff in error.

      Mr. J. W. Goldsberry and Mr. F. E. Dougherty, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10730.
    The Scioto Valley Traction Co. v. Morrison.
    Decided March 2, 1909.
    Error to Circuit Court of Pickaway county.

      Messrs. Daugherty & Todd, for plaintiff in error.

      Mr. C. A. Deist and Messrs. Abernethy & Folsom, for defendant in error.
   Judgment reversed and judgment for plaintiff in error.

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


text:
    No. 10733.
    Hutchins v. The City of Cleveland.
    Decided March 2, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. Wm. S. Fitzgerald, for plaintiff in error,

      Mr. Newton D. Baker, city solicitor, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10735.

      Mr. J. F. Wilson; Mr. C. D. Gates and Mr. A. D. Brewster, for defendants in error.
    Price et al. v. Hathaway et al.
    Decided March 2, 1909.
    Error to Circuit Court of Cuyahoga county.

      Mr. C. D. Gates and Messrs. Smith, Taft & Arter, for plaintiffs in error.
   Judgment affirmed.

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


text:
    No. 10739.
    Burns v. Burns.
    Decided March 2, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. Charles L. Darlington, for plaintiff in error.

      Mr. Charles W. Baker, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10742.
    The Protected Home Circle v. Sulzer.
    Decided March 2, 1909.
    Error to Circuit Court of Hamilton county.

      Mr. J. A. Mc-Laughry and Mr. B. A. Hulszvitt, for plaintiff in error.

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

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


text:
    No. 10792.
    The New York, Chicago & St. Louis Railway Co. v. Ireton et al.
    Decided March 2, 1909.
    Error to Circuit Court of Paulding county.

      Mr. C. A. Seiders and Mr. A. M. Waters, for plaintiff in error.

      Messrs. Saltzgaber, Hoke & Osborn, for defendants in error.
   Judgment affirmed.

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


text:
    No. 10909.
    The Aetna Indemnity Company v. Kander.
    Decided March 2, 1909.
    Error to Circuit Court of Lucas county.

      Messrs. Southard & Southard and Messrs. Lexozv, MacKellar & Wells, for plaintiff in error.

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

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