text:
    The Ohio & Western Pennsylvania Dock Company v. Trapnell.

      Newspaper account of facts of cause—Published during trial—Does not constitute reversible error—Unless proof establishes that jurors read account—Misconduct of counsel during trial.

    (No. 13988
    Decided October 14, 1913.)
    Error to the Circuit Court of Cuyahoga county.

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

      Messrs. Ewing, 'Counts '& Terrell and Mr. Harry F. Payer, for defendant in error.
   By the Court.

This was an action for damages for personal injury received by the defendant in error while in the employ of the plaintiff in error.

The plaintiff, after describing in his petition the nature of the work in which he was engaged, the machinery employed and the relative duties of certain employes associated with him in the work, averred that his injuries were caused by and through the negligence of- the defendant in the following particulars;

“1. That said defendant disregarded its duty to use ordinary care and diligence to furnish safe and proper machinery and means for oiling said engines, but negligently provided only a most palpably unsafe, unsecure and dangerous means, as it well knew, of oiling said engines.
“2. That it negligently failed in its duty to plaintiff to use ordinary care and diligence to provide some means whereby each of said engines coüld be disconnected from its controlling levers while plaintiff was at work upon it.
“3. That it negligently failed to use ordinary care and diligence to provide some system of guarding against the starting of said engines by said operators or some other persons while plaintiff was at work upon them, or some system of warning that plaintiff was so at work.
“4. That it negligently failed to provide some means of direct communication between said 'plaintiff and the operators aforesaid. •
“5. That it negligently failed to make and formulate and make known to plaintiff and the operators reasonable, necessary and sufficient rules and regulations providing for warning said plaintiff against the starting of said engines by its levers as aforesaid, nor any sufficient rules and regulations or supervision necessary for the government of its said employes and the operation of said machinery.”

The injury complained of resulted in.the loss of plaintiff’s left hand and arm, and it further appears that prior to that time he had lost his right hand in a former accident.

The defendant answered admitting plaintiff’s employment and injury, the nature of the work in which plaintiff was engaged and the character of the machinery employed in the performance of this work, but denied each and every other allegation in the petition contained, and further answering averred that whatever injuries plaintiff sustained were directly and proximately caused by plaintiff’s own negligence in that he carelessly and recklessly placed his hand within the drum of said “rig” without exercising any ordinary and prudent care for his own safety. Said defendant further answering averred that if it was in any manner whatsoever negligent, which, however, it expressly denied, plaintiff’s own negligence contributed to his injury;, that he had full knowledge of the construction and operation of the machinery and was careless and reckless in its use.

The reply denied all allegations of negligence on the part of the plaintiff.

Upon the trial of the issue to the jury a verdict was returned for the plaintiff in the sum of $20,700. Upon a motion for a new trial the court reduced this amount to $15,000 and rendered judgment accordingly. This judgment of the trial court was affirmed by the circuit court.

There are many assignments of error, but the principal one urged upon the attention of this court is the misconduct of plaintiff’s counsel. It appears .from the record that on the evening of the day on • which the trial was commenced the Cleveland Press, which was circulated and sold upon the streets of Cleveland after three o’clock p. m. of that day, contained the following article:

“he loses arms, fights for pay.
“insurance company relieves employers
OF VICTIM.
“Isaac Trapnell, 64, 7600 Lawn avenue, sat helpless in Judge Babcock’s court Tuesday.
“Trapnell had worked for the Ohio and Western Pennsylvania Dock Company for thirty-eight years. He lost both hands while at. work. He . was in court in his suit against the company for $50,000 damages.
“The company had no attorneys present, for Trapnell was insured in the Aetna Life Insurance Company, according to his attorney, Harry Payer.. The dock company had paid so much a month for Trapnell’s insurance. His fight is with the insurance people.
“In July, 1905, Trapnell’s left arm was caught in the cogs of a hoisting engine. He was unable to work for more than a year. ‘We’ll give you $500 and an easy life job’ the company told Trapnell. Trapnell took the money and paid hospital expenses. He wanted a job as watchman, but the company put him to work on a hoisting engine. Again his arm was caught. He lost the lower part of his only arm.
“Pictures showing him with both arms and with the two pathetic stubs will be introduced as evidence. ‘If there is any delay in justice in most personal injury cases it is because of companies that insure workmen,’ Payer said. ‘They fix a price on flesh and blood and make it a business to fight the injured through all the courts if necessary.’ ”

It further appears from the evidence that the reporter of this newspaper who wrote this article testified that this information was furnished him by one of the attorneys for defendant in error,' and that it was furnished him for the purposes of publication about the time of the commencement of the trial. The evidence, however, fails to show that this article ever came to the attention of any member of the jury, but counsel for defendant relied upon the fact that people generally read the newspapers as sufficient for the court to take judicial knowledge of the fact that these particular jurors, or some of them, had read this particular article.

While this court agrees with counsel for plaintiff in error that this was misconduct on the part of counsel for the defendant in error, and that the same was reprehensible and wholly inexcusable, yet that fact does not necessarily make it prejudicial to defendant. Counsel in the trial of a case may be guilty of many acts of misconduct that would subject him to reprimand by thé court, or even to punishment for contempt of court, and yet the act may not be prejudicial to the rights of either party to the cause; - and in such case it would be highly improper to reverse for such reason. If the fact had been made to appear .by the evidence that the jury, or any member thereof, had read this article before a final determination of this case, this court would be inclined to hold that in such a case it would become the duty of a trial court to withdraw a juror and continue.the case, and for refusal so to do would promptly reverse the judgment. But a matter of this importance cannot be left to conjecture merely. The opportunity was afforded counsel for defendant in error to make that fact appear. They chose to rest their case upon the presumption of fact only, and, therefore, we do not think the court abused its discretion by refusal to withdraw a juror and continue the cause.' Contemporaneously with the publication of this article in the Cleveland Press, an article also appeared in the Cleveland News, which it is also claimed was procured to' be published in that paper by counsel for defendant in error. This article is less objectionable than the one above set forth. What we have said with reference to that applies equally to this publication.

It is also urged upon our attention that during the trial of the case one of the counsel for the plaintiff below was guilty of several acts of misconduct, which in connection with the misconduct hereinbefore stated was highly prejudicial to defendant and prevented a fair trial of the cause. This misconduct consisted of remarks by counsel for plaintiff calculated to prejudice the defendant with the jury. For instance, when an objection to his question was made by opposing counsel, and after the objection had been sustained by the court, the offending counsel would make remarks such as: “I supposed there would be objection to the truth anyhow. It could not be prejudicial,” and “You are objecting because when you make up a bill of exceptions, if ever you have to, it would be much better probably for your side not to have a living representation,” and other remarks of like character throughout the trial of the cause. Remarks .of this kind are wholly improper in the trial of a case and it is the duty of the trial court to see that they are not made, or at least not persisted in, but something must be left to the discretion of a trial court, otherwise we would never reach an end to litigation, and a reviewing court ought not to reverse unless it clearly appears that such misconduct was of such character and so persistent as to prevent a fair trial of the cause. While this court will sustain a trial court in compelling counsel to properly conduct their cause and to refrain from all side remarks and unprofessional conduct either by directions to the jury to disregard these remarks and the punishment of counsel if they persist in offending, or by granting a new trial therefor, yet it will not reverse the judgment until it clearly appears that such conduct was prejudicial to the losing party.

It is contended in this case that the amount of the verdict returned by the jury is sufficient evidence of the fact that this misconduct of counsel inflamed and prejudiced the jury’s mind against the defendant, but that contention cannot be sustained. It is true the verdict was very large, •so large that the trial court thought it excessive in the sum of nearly six thousand dollars, but it is a hard matter for any man, or number of men, to properly estimate the value of the loss of the only arm a man has. The loss of the right arm of course increased the value of the left arm to the plaintiff. True, the defendant was not responsible for that loss, yet at the time this injury occurred to this plaintiff this left arm by reason of the fact that his right arm was gone was of far •more value to him than a left arm would be to any man who is fortunate enough to still possess his right, and while perhaps the verdict was excessive in the amount found by the trial court, yet there is no rule or method by which that fact can be positively determined.

We are also of the opinion that the court did not abuse its discretion, that no improper evidence was admitted and that the court’s charge fairly stated the law of this case, and, therefore, the judgment of the circuit court must be affirmed.

Judgment affirmed.

Nichols, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin. JJ., concur.


source: Caselaw Access Project

license: Public Domain

text:
    No. 13014.
    Sullivan v. Telling.
    Decided March 4, 1913.
    Error to Circuit Court of Cuyahoga county.

      'Messrs. White, Johnson & Cannon, for plaintiff in error.

      Mr. S. H. Tolles and Messrs. Smith, Taft & Arter, for defendant in error.
   Judgment reversed and final judgment for plaintiff in. error.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13017.
    The Cleveland Trust Co. et al. v. The Mutual Bank.
    Decided March 4, 1913.
    Error to Circuit Court of Cuyahoga . county.

      Messrs. Blandin, Rice & Ginn, for plaintiffs in error.

      Messrs. Stearns, Chamberlain ’& Royon, for defendants in’ error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13018.
    The Cincinnati Traction Co. v. Fritsch, Admr.
    Decided March 4, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Kinkead & Rogers for plaintiff in error.

      Mr. Gideon C. Wilson and Messrs. Horstman !&

      Horstman, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and. Wilkin, JJ., concur.


text:
    No. 13030.
    Wolf, Admr., v. Howard et al.
    Decided March 4, 1913.
    Error to Circuit Court of Huron county.

      Mr. Jesse Vickery, for plaintiff in error.

      Messrs. Young & Young; Mr. A. V. Andrews; Mr. W. R. Pruner and Mr. Jesse Vickery, for defendants in error.
   Judgment affirmed.

Johnson., Wanamaker and Wilkin, JJ., concur.


text:
    No. 13623.
    The Lima Locomotive & Machine Co. v. Johnston.
    Decided March 4, 1913.
    Error to Circuit Court of Allen county.

      Mr. Vernon H. Burke; Mr. William M. Byrnes and Messrs. Prophet '& Eastman, for plaintiff in error.

      Messrs. Armstrong, Light & Shappell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 12672.
    The Taylor Land & Improvement Co. v. Gleichman et al.
    Decided March 11, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. Addison C. Waid and Messrs. Ong, Thayer '& Mansfield, for plaintiff in error.

      Mr. Joseph L. Stern, for defendants in error.
   On rehearing.

Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 12889.
    The Toledo Railways & Light Co. v. O’Neil.
    Decided March 11, 1913.
    Error to Circuit Court of Lucas county.

      Messrs. Smith & Baker, for plaintiff in error.

      Messrs. Southard & Zabel, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13032.
    Cowden v. Christy, etc.
    Decided March 11, 1913.
    Error to Circuit Court of Wayne county.

      Messrs. Keifer & Keifer and Mr. A. D. Metz, for plaintiff in error.

      Mr. E. S. Wertz and Mr. John McSzveeney, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13033.
    Leedle v. Christy, etc.
    Decided March 11, 1913.
    Error to Circuit Court of Wayne county.

      Messrs. Keifer & Keifer and Mr. A. D. Metz, for plaintiff in error.

      Mr. E. S. Wertz and Mr. John McSzveeney, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13038.
    Kistler v. The Leatherwood Consolidated Coal Co. et al.
    Decided March 11, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Addison & Addison, for plaintiff in error.

      Mr. Ralph E. Westfall; Messrs. Rosemond & Bell and Mr. JJarry W. Lloyd, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Donahue, Newman and Wilkin, JJ., concur.


text:
    No. 13042.
    Pfaffman v. Gunther.
    Decided March 11, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. Richard H. Lee, for plaintiff in error.

      Messrs M. B. & H. LI. Johnson and Mr. T. H. Hogsett, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13056.
    McCartney v. Leedy.
    Decided March 11, 1913.
    Error to Circuit Court of Trumbull county.

      Mr. Homer E. Stewart and Mr. Wade R. Deemer, for plaintiff in error.

      Messrs. Hine, Kennedy & Manchester, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur


text:
    No. 13487.
    Erie Railroad Co. v. Marullo.
    Decided March 11, 1913.
    Error to Circuit Court of Cuyahoga county.

      Messrs. 'Cushing, Siddall '<$-* Palmer, for plaintiff in error.

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

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13667.
    Appler, Admx., v. The Portsmouth Street Railroad & Light Co.
    Decided March 11, 1913.
    Error to Circuit Court of Scioto county.

      Mr. Theodore K. Funk, for plaintiff in error.

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

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13680.
    Jenkins, Admr., v. The Portsmouth Refractories Co.
    Decided March 11, 1913.
    Error to Circuit Court of Lawrence county.

      Mr. J. 0. Yates and Mr. T. A. Jenkins, for plaintiff in error.

      Mr. A. R. Johnson, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 12900.
    Storm v. Bryson.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. E. Jay Pinney and Mr. Herptan J. Nord, for plaintiff in error.

      Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Donahue and Newman, JJ., concur.


text:
    No. 12967.
    The People's Railway Co. v. The Dayton Street Railway Co.
    Decided March 18, 1913.
    Error to Circuit" Court of.Montgomery county.

      Messrs. McMahon & McMahon, for plaintiff in error.

      Messrs. Murphy, Eliif '& Emanuel, for defendant in error.
   Judgment reversed.

Ground stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said court be, and the same hereby is, reversed; and this court finds, on the agreed statement of facts between the parties, that the said plaintiff in error is entitled to recover from defendant in error on account of the construction of the bridge referred to in said agreed statement of facts; and the court finds that the said plaintiff in ■ error, having paid the sum of $40,000 toward the construction of such bridge, and it not being shown in the record whether, and if so how much, depreciation occurred in said bridge, between its construction and the commencement of this proceeding in the courts below, it is ordered and adjudged that this cause be remanded to the court of common pleas, with instructions to proceed according to law and fix the value of said bridge at the beginning of this proceeding and to enter judgment in favor of plaintiff in error against the defendant in error for one-half of such sum as bears the same proportion to the value of said bridge at the beginning of this proceeding that $40,000 bears to the original cost of said bridge, but said judgment for said one-half shall, in no event, exceed the sum of $20,000, with interest from the date of the beginning of the suit, but the judgment shall include interest on such one-half from the date of the beginning of the suit.

Si-iauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.

On December 19, 1913, the court made the following entry on its journal.—Reporter.

This day this cause came on to be heard on the motion of the plaintiff in error to modify the judgment rendered by this court herein on March 18, 1913, and of the defendant in error to modify said judgment, for the reasons stated in said motions severally. The same were argued by counsel and submitted to the court. On consideration whereof, it is ordered and adjudged by this court that the motion of the plaintiff in error be, and the same is hereby, sustained; and it is heréby ordered that the judgment heretofore rendered in this cause in this court be modified so as tó read as follows: It is ordered and adjudged by this court that the judgment of the circuit court be, and the same is hereby, reversed for the reason that this court finds that upon the agreed statement of facts contained in the record plaintiff in error is entitled tó recover from the defendant in error on account of thé bridge referred to in said statement of facts. And coming now to render the judgment which said circuit court should have rendered, it is hereby ordered that the said cause be remanded to the court of common pleas with instructions to enter, judgment in favor of the plaintiff in error against the defendant in error for one-half of the sum of $40,000 paid by the plaintiff in error towards the construction of the bridge referred to in said agreed statement of facts, to-wit: $20,000, in addition to the sum of $5,034.55, the sum for which judgment was actually entered, thus making the amount of the judgment now to be entered by said court of common pleas in favor of the plaintiff in error against the defendant in error the sum of $25,034-.55 with interest from the date of the original judgment in probate court.

It is further ordered and adjudged' that the motion of the defendant in error and its application for a rehearing be, and the same are hereby overruled.

It is further ordered and adjudged that the defendant in error pay the costs herein and in the courts below.

On March 3, 1914, the court made the following entry on its journal.—Reporter.

This, cause came on to be heard on the motion of the defendant in error filed in this court January 10, 1914, to modify the judgment of the court rendered on December 19, 1913. On consideration whereof, it is ordered and adjudged that the sum deposited by the defendant in error with the probate judge of Montgomery county June 21, 1909, be paid to the plaintiff in error and credited on the judgment ordered to be rendered by this court.

And it is further ordered that no interest be calculated on the sum of $5,034.55, part of the judgment heretofore ordered to be rendered in said cause, which sum of $5,034.55 was paid into said court on June 21, 1909.


text:
    No. 13019.
    Toledo, St. Louis & Western Railroad Co. et al. v. Price, Admr.
    Decided March 18, 1913.
    Error to Circuit Court of Putnam county.

      Mr. Charles A. Schmettau; Messrs. Bailey & Leasure; Mr. John H. Clarke and Messrs. Watts & Moore, for plaintiffs in error.

      Mr. T. R. Hamilton; Mr. W. P. Anderson and Messrs. Handy '& Unverferth, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13041.
    The Union Supply Co. v. The Firestone Tire & Rubber Co.
    Decided March 18, 1913.
    Error to Circuit Court of Lucas county.

      Messrs. Marshall & Fraser, for plaintiff in error.
      Messrs. Brown, Geddes, Schntettau & Williams, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13061.
    Madigan, County Treasurer, v. The Cleveland-Cliffs Iron Co.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. John A. Cline and Mr. Cyrus Locher, prosecuting attorneys; Mr. Timothy S. Hogan, attorney general; ikfr. Walter D. Meals, assistant prosecuting attorney, and ikfr. N. E. Warwick, for plaintiff in error.

      Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13068.
    Kibler, Guardian, v. Hand.
    Decided March 18, 1913.
    Error to Circuit Court of Licking- county.

      Messrs. Kibler & Kibler, for plaintiff in error.

      Messrs. Flory & Flory, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas court affirmed on authority of Weaver v. Gregg, 6 Ohio St., 547.

Johnson, Wanamaker, Newman and Wilkin, JJ., concur.'


text:
    No. 13070.
    Miller v. Farley.
    Decided March 18, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Thompson & Bennett, for plaintiff-in error.

      Mr. T. S. Hogan and Messrs. Belcher '& Connor, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, .Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13702.
    Carter et al. v. McGrath et al.
    Decided March 18, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Watson, Stout?er '& Davis and Mr. W. J. Ford, for plaintiffs in error.

      Messrs. Wilson & Rector, for defendants in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13089.
    Smith v. Gowan et al.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. M. G. Norton; Mr. E. J. Finney and Mr. H. L. Peeke, for plaintiff in error.

      Messrs. Henderson, Quail & Siddall; Messrs. Kline, Tolies & Morley; Messrs. Hart, Montgomery '& Smith and Messrs. Squire, Sanders & Dempsey, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13090.
    Smith v. Gowan et al.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. M. G. Norton; Mr. E. J. Pinney and Mr. H. L. Peeke, for plaintiff in error.

      Messrs. Hart, Montgomery & Smith; Messrs. Henderson, Quail '&■ Siddall; Messrs. Squire, Sanders '&■ Dempsey and Messrs. Kline, Tolies '&•
      Morley, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wan am aker, Newman and Wilkin, JJ., concur.


text:
    No. 13523.
    Coleman et al., Trustees, v. The State, ex rel. Maher, Prosecuting Attorney, et al.
    Decided March 18, 1913.
    Error to Circuit Court of Darke County.

      Mr. Alva B. 'Campbell; Mr. William Harry Gilbert; Mr. J. M. Bickel and Mr. Martin B. Trainor, for plaintiffs in error.

      Mr. L. E. Kerlin, prosecuting, attorney; Mr. John F. Maher; Mr. D. W. Bowman; Mr. L. H. Shipman and Mr. 0. R. Krickenberger, for defendants in error.
   Judgment affirmed for reasons 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; this court finding that the statute in question was valid and constitutional, but that the plaintiffs in error in this court are not entitled to the relief prayed for. It is further ordered and adjudged that the said plaintiffs in error pay the costs herein, and that this cause be remanded to the court of common pleas to carry this judgment into execution.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13569.
    Stahl, a Minor, by etc. v. Pennsylvania Co.
    Decided March 18, 1913.
    Error to Circuit Court of Mahoning county.

      Messrs. Anderson, Cook, Mathews '& Cook, for plaintiff in error.

      Messrs. Arrel, Wilson, Harrington & DeFord, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13699.
    Dikob v. Preusser et al.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. Francis J. Wing and Mr. Herman Preusser, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Shauck, C. J., Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13709.
    Slavin v. Toledo, St. Louis & Western Railroad Co.
    Decided March 18, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Charles H. Masters and Messrs. Kohn, Northup & Morgan, for plaintiff in error.

      Mr. Charles A. Schmettau; Mr. Lloyd T. Williams and Mr. Clarence Brown, for defendant in error.

      Mr. Orville S. Brumback, amicus curiae.

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

Johnson, Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13725.
    The Marble & Shattuck Chair Co. v. Mondrazecki.
    Decided March 18, 1913.
    Error to Circuit Court of Cuyahoga county-.

      Messrs. Reed & Eichelberger, for plaintiff in error.

      Mr. H. G. Powell, for defendant in error..
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13897.
    The State of Ohio v. Moats.
    Decided March 18, 1913.
    Error to Circuit Court of Perry county.

      Mr. Tom 0. Crossan, prosecuting attorney, for plaintiff in error.

      Mr. T. M. Potter, for defendant in error.
   Judgment affirmed upon the ground firstly stated in entry of circuit court, and not considered here, that verdict was against the weight of the evidence; ground lastly stated in entry of circuit court not approved.

Shauck, C. J., Johnson/ Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13044.
    Furste v. The Henderson Lithographing Co.
    Decided March 25, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Littleford, James, Frost & Foster, for plaintiff in error.

      Mr. Mitchell Wilby; Mr. Charles B. Wilby and Messrs. Robertson & Buchwalter, for defendant in error.
   Judgment reversed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13075.
    Patterson v. The Toledo & Ohio Central Railway Co.
    Decided March 25, 1913.
    Error to Circuit Court of Crawford county.

      Messrs. Beer '& Wright, for plaintiff in error.

      Messrs. Finley '& Gallinger and Messrs. Doyle & Lewis, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13082.
    McGhee v. Hotsenpiller, Gdn., etc.
    Decided March 25, 1913.
    Error to Circuit Court of Union county.

      Mr. M. U. Ricketts, for plaintiff in error.

      Messrs. Hoopes, Robinson & Hoopes, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donapiue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13084.
    The Columbus Gas & Fuel Co. v. Casey.
    Decided March 25, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Addison dr Addison, for plaintiff in error.

      Messrs. Lentz, Karns, Linton & Hengst, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donapiue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13085.
    Young et al. v. Lindsay, Treasurer, et al.
    Decided March 25, 1913.
    Error to Circuit Court of Franklin county.

      Mr. J. C. L. Pugh and Messrs. Pugh & Pugh, for plaintiffs in error.

      Mr. Edward C. Turner, prosecuting attorney, and Mr. H. S. Ballard, assistant prosecuting attorney, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Johnson, DonAhue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13095.
    The State, ex rel. Marani, v. Wright, Auditor.
    Decided March 25, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. Newton D. Baker, for plaintiff in error.

      Messrs. Wing, Myler & Turney, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13102.
    McGuffin et al. v. Copeland et al.
    Decided March 25, 1913.
    Error to Circuit Court of Gallia county.

      Mr. E. D. Davis; Mr. R. J. Mauck and Mr. Thomas E. Powell, for plaintiffs in error.

      Mr. R. M. Switzer, for defendants in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13111.
    The M. Werk Co. v. The Ryan Soap Co.
    Decided March 25, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. El osea & Knight, for plaintiff in-error.

      Mr. Thomas l. Cogan; Mr.'Charles F. Williams and Mr. Eloward N. Ragland, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13113.
    The State, ex rel. Simpson, Prosecuting Attorney, v. The Baltimore & Ohio Railroad Co.
    Decided March 25, 1913.
    Error to Circuit Court of Holmes county.

      Mr.

      D. T. Simpson and Mr. F. S. Monnett, for plaintiff in error.

      Messrs. Arrel, Wilson, Harrington & DeFord and Mr. George W. Sharp, for defendant in error.
   Judgment affirmed on authority of P. C. C. & St. L. Ry. Co. v. Cox, 55 Ohio St., 497.

Shauck, C. J., Johnson, Newman and Wilkin, JJ., concur. . __


text:
    No. 13114.
    The State, ex rel. Simpson, Prosecuting Attorney, v. The Pennsylvania Co. et al.
    Decided March 25, 1913.
    Error to Circuit Court of Holmes county.

      Mr. D. T. Simpson and Mr. F. S. Monnett, for plaintiff in error.

      Messrs. Carey & Mullins; Mr. George W. Sharp and Messrs. Allen, - Waters, Young & Andress, for defendants in error.
   Judgment affirmed on authority of P. C. C. & St. L. Ry. Co. v. Cox, 55 Ohio St., 497.

Shauck, C. J., Johnson, Newman and Wilkin, JJ., concur.


text:
    No. 13120.
    Fish v. Chamberlain et al.
    Decided March 25, 1913.
    Error to Circuit Court of Geauga county.

      Mr. William G. King and Mr. George W. Alvord, for plaintiff in error.

      Mr. H. 0. Bostwick, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Shauck, C. J., Johnson, Donahue, Wanamaker Newman and Wilkin, JJ., concur.


text:
    No. 13794.
    The State, ex rel. Ferris, v. Larkin, Auditor, et al.
    Decided March 25, 1913.
    Error to Circuit Court of Clermont county.
      Messrs. Kinkead '& Rogers; Messrs. Healy, Ferris & McAvoy and Mr. Lewis Hicks, for pláintiff in error.

      Mr. Daniel W. Murphy, prosecuting attorney, and Mr. Hugh L. Nichols, for defendants in error.
   Judgment affirmed on grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, affirmed, it appearing from the record that there is- an unliquidated amount due to Clermont county for taxes from the relator upon the property conveyed by him to Clermont county, and that whatever amount of taxes is now due and owing by said relator is a valid offset against the balance of the purchase price ■of said property, and that said relator is not, therefore, entitled to a peremptory writ of mandamus requiring the auditor and treasurer of Clermont county, respectively, to issue and pay a warrant for $6,000 out of the special fund created by the sale of bonds as above set forth.

Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13833.
    The State of Ohio v. Habercorn.
    Decided March 25, 1913.
    Error to Circuit Court of Clark county.

      Mr. Lawrence E. Laybourne, prosecuting attorney; Mr. J. A. White; Mr. W. B. Wheeler and Mr. George W. Crabbe, for plaintiff in error.

      Mr. James B. Malone, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13834.
    The State of Ohio v. Habercorn.
    Decided March 25, 1913.
    Error to Circuit Court of Clark county.

      Mr. Lawrence E. Laybourne, prosecuting attorney; Mr. J. A. White; Mr. W. B. Wheeler and Mr. George W. Crabbe, for plaintiff in error.

      Mr. James B. Malone, for defendant in error.
   Judgment of the- circuit court reversed and judgment of the mayor’s court affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13835.
    The State of Ohio v. Habercorn.
    Decided March 25, 1913.
    Error to Circuit Court of Clark county.

      Mr. Lawrence Laybourne, prosecuting attorney; Mr. J. A. White; Mr. W. B. Wheeler and Mr. G. W. Crabbe, for plaintiff in error.

      Mr. James B. Malone, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13836.
    The State of Ohio v. Habercorn.
    Decided March 25, 1913.
    Error to Circuit Court of Clark county.

      Mr. Lawrence E. J^aybourne, prosecuting attorney; Mr. J. A. White; Mr. W. B. Wheeler and Mr. G. W. Crabbe, for plaintiff in error.

      Mr. James B. Malone, for defendant in error.
   Judgment of the circuit court reversed and that of the mayor’s court affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13837.
    The State of Ohio v. Habercorn.
    Decided March 25, 1913.
    Error to Circuit Court of Clark county,

      Mr. Lawrence E. Laybourne, prosecuting attorney; Mr. J. A. White; Mr. W. B. Wheeler and Mr. G. W. Grabbe, for plaintiff in error.

      Mr. James B. Malone, for defendant in error.
   Judgment of the circuit court reversed and that of the mayor’s court affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13076.
    Hileman et al. v. McElroy et al.
    Decided March 28, 1913.
    Error to Circuit Court of Wayne county.

      Messrs. McClaran '& Jones, for plaintiffs in error.

      Mr. A. D. Metz, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13083.
    Dusenbury v. Saunders et al.
    Decided March 28, 1913.
    Error to .Circuit Court of Franklin county.

      Messrs. Addison '&• Addison, for plaintiff in error.

      Messrs. Vorys, Sater, Seymour & Pease, for defendants in error.
   Judgment reversed for reasons 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 of the circuit court in modifying and affirming the judgment of the common pleas court. And coming now to render the judgment that should have been rendered by said circuit court, it is hereby ordered and adjudged that the judgment of said court of common pleas be and the same is hereby reversed for error of said court in admitting in evidence, on behalf of the plaintiff, pages from the books of plaintiff purporting to show this account, and in reading therefrom; for error of said court in excluding the evidence offered by plaintiff in error touching the cost of material and the amount that had been added thereto for profits; and for error of said court in its charge to the jury as to the burden of proof.

Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13100.
    Swarts v. Siegel, Administrator.
    Decided March 28, 1913.
    Error to Circuit Court of Franklin county.

      Mr. R. S. Swepston, for plaintiff in error.

      Mr. F. Siegel and Mr. J. V. Lee, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13101.
    Blake v. Frerick, an Infant, by etc.
    Decided March 28, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. P. FI. Kaiser, for plaintiff in error.

      Messrs. Webber & Metcalf, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and Wanamaker, JJ., concur.


text:
    No. 13106.
    Jones, Administrator, v. Mason.
    Decided March 28, 1913.
    Error to Circuit Court of Ashland county.

      Mr. W. S. Kerr; Messrs.

      McCray & McCray and Mr. H. A. Mykrantz, for plaintiff in error.

      Mr. F. N. Patterson; Mr. Vernon H. Burke and Messrs. Nicol '& Boifenmyer, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13108.
    Day, Sr., v. Dodds.
    Decided March 28, 1913.
    Error to Circuit Court of Pike county.

      Mr. John A. Eylar, for plaintiff in error,
    ikfr. John C. Milner and Mr. F. E. Dougherty, for defendant in error.
   Judgment affirmed.

Shauck, C. J. Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13109.
    McCredie v. Musson.
    Decided March 28, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Orion W. Nelson, for plaintiff in error.

      Mr. Marion D. Merrick and Mr. George F. Wells, for defendant in error.
   Judgment affirmed.

Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13110.
    The S. H. Cohn Co. v. Simon.
    Decided March 28, 1913.
    Error to Circuit Court of Cuyahoga county.

      Messrs. PJidy, Klein .& Harris, for plaintiff in, error.

      Mr. Martin W. Sanders and Mr. W. D. Meals, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker. Newman, and Wilkin, JJ., concur.


text:
    No. 13121.
    Kell et al. v. Ward et al.
    Decided March 28, 1913.
    Error to Circuit Court of Clermont county.

      Messrs. Griffith Sr Nichols and Mr. W. A. Joseph, for plaintiffs in error.

      Mr. S. A. West and Mr. D-. W. Murphy, for defendants in error.
   Judgment affirmed.

Donahue, Wanamaker and' Newman, JJ., concur.


text:
    No. 13124.
    The Adams Express Co. v. Whittington, an Infant, by etc.
    Decided March 28, 1913.
    Error to Circuit Court of Greene county.

      Mr. Charles L. Darlington and Mr. Joseph S. Graydon, for plaintiff in error.

      Mr. E. D. Smith, for defendant in error.
   Judgment affirmed.'

Donai-iue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13127.
    Soudriett v. The Home Brewing Co. et al.
    Decided March 28, 1913.
    Error to Circuit Court of Lucas county.

      Messrs. Brown, Hahn, Sanger & Froelich, for plaintiff in error.

      Messrs. James, Garver Sr Powell, for defendants in error.
   Judgment affirmed.

Johnson, Donahue,- Wanamaker, Newman and Wilkin,- JJ.', concur. _


text:
    No. 13129.
    Shearer v. Dowell.
    Decided March 28, 1913.
    Error to Circuit Court of Portage county.

      Messrs. Webb Sr Webb, for plaintiff in error.
    ' Mr. J. W. Beckley and Mr. H. R. Loomis-, for defendant in error.
   Judgment afr firmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin', JJ., concur.


text:
    No. 13134.
    The Federal Gas & Fuel Co. v. The City of Columbus.
    Decided March 28, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Williams, Williams, Taylor & Nash and Mr. L. B. Denning, for plaintiff in error.

      Mr. E. L. Weinland, city solicitor, and Mr.' B. W: Gear-heart, assistant city solicitor, 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 hereby is affirmed; this court finding that no final decree or judgment was made in the court of common pleas in said proceeding.

It is further ordered and adjudged that this cause be remanded to the court of common pleas for further proceedings according to law, and the right is reserved to the plaintiff in error to ask for such order, judgment and.decree (and for the reconsideration of any order that may have been heretofore made by said court of common pleas) as it may be entitled to, before the entry of the final judgment and decree in said cause.

T'Sháuck, C. J., Johnson, Donahue, Wanamáker, Newman and Wilkin, JJ., concur.


text:
    No. 13157.
    Jones et al. v. Jones Brothers.
    Decided March 28, 1913.
    Error to Circuit Court of Knox county.

      Mr. J. M. McGillivray; Messrs. \Waight & Moore and Mr. W. Z. Davis, for plaintiff in error.

      Mr. Frank W. Owen and Mr: Ferdinand Jelke, Jr., for defendant in .error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13165.
    Rodgers v. Reichley, Executor.
    Decided March 28, 1913.
    Error to Circuit Court of Coshocton county.

      Mr. George D. Klein and Mr. W. S. Merrell, for plaintiff in error.

      Messrs. Duncan & Voorhees and Mr. F. E. Pomerene, for defendant'in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 12966.
    Ames v. Czihy, an Infant, by etc.
    Decided April 15, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. George D. Hile,' for plaintiff in error.

      Mr. E. F. Spurney and Mr. R. C. Linder, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13077.
    Schaber, Executor, v. Young.
    Decided April 15, 1913.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Howland, Moffett '& Niman, for plaintiff in error.

      Mr. E. Jay Finney and Mr. Herman J. Nord, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13105.
    Walsh v. The Howe Scale Co.
    Decided April 15, 1913.
    Error to Circuit Court of Summit county.

      Mr. D. F. Felmly and Mr. J.

      C. Frank, for plaintiff in error.

      Messrs. Wilcox, Parsons, Burch & Adams, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Donahue and Newman, JJ., concur.


text:
    No. 13150.
    The Provident Savings Life Assurance Society of N. Y. v. Statler.
    Decided April 15, 1913.
    Error to Circuit Court of Miami county.

      Messrs. Broomhall & Broomhall and Mr. Charles C. Lockwood, for plaintiff in error,
    ikfr. Ferdinand Jelke, Jr., and Mr. C. B. Jamison, for defendant in error.
   Judgment affirmed.

Johnson, Donai-iue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13205.
    The Board of Education of Concord Special School District No. 8 in Sycamore Township v. Board of Education of Blue Ash Special School District No. 16 in Sycamore Township.
    Decided April 15, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. JJ. H. Hosbrook, for plaintiff in error.

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

Spiauck, C. J., Donahue and Newman, Jj., concur.


text:
    No. 13456.
    Katz, doing business as Acme Brass Co., v. Linder.
    Decided April 15, 1913.
    .Error to Circuit Court of Cuyahoga county.

      .Mr. Joseph C. Bloch, for plaintiff in error.

      Mr. Joseph

      L. Stem, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaicer and Wilkin, JJ., concur.


text:
    No. 13720.
    Fawcett, Administrator, v. Summers.
    Decided April 15, 1913.
    Error to Circuit .Court of Columbiana county.

      Mr. K. L. 'Cobourn, for plaintiff in error.

      Messrs. Metzger ’& Smith, for defendant in error.
   Judgment affirmed,

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


text:
    No. 13868.
    The State of Ohio v. Gaskins.
    Decided April 15, 1913.
    Error to Circuit Court of Clermont County.

      Mr. Daniel W. Murphy, prosecuting attorney; Mr. Timothy S. Hogan, attorney general, and Mr. Charles C. Marshall, assistant attorney general, for plaintiff in error.

      Mr. Charles C. Kearns; Mr. O. P. Griffith and Mr. C. B. Nichols, for defendant in error.
   Judgment affirmed on following grounds: 1. Error in limiting ünduly cross-examination of prosecuting witness ; 2. misconduct of prosecuting attorney.

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


text:
    No. 13904.
    Cain v. The People's Salary Loan Co.
    Decided April 15, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Gumble '& Gumble and Mr. Q. R. Lane, for plaintiff in error:-

      'Mr. B. W. Gearheart, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and-Wilkin, JJ., concur.


text:
    No. 13879.
    The State of Ohio v. Radeloff.
    Decided April 15, 1913.
    Exception by Prosecuting Attorney to Decision of Common Pleas .Court of Hamilton county,

      Mr. Thomas L. Pogue, prosecuting attorney, and Mr. Carl M, Jacobs, Jr., assistant prosecuting attorney, for the exceptions.

      Mr. Louis B. Sawyer, against the exceptions.
   Exceptions overruled.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13920.
    Sharp v. The State of Ohio.
    Decided April 15, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Gumble & Gumble and Mr. Q. R. Lane, for plaintiff in error.

      Mr. Timothy S. Hogan, attorney general; Mr. George B. Okey; Mr. Hanby R. Jones and Mr. Hugh Huntington, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 12843.
    The City of Toledo v. Cooley.
    Decided April 22, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Cornell Schreiber, city solicitor, and Mr. Ashton H. Coldham, for plaintiff in error.

      Mr. M. 0. Rettig and Messrs. Mulholland & Hartmann, for defendant in error.-
   On rehearing.

Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur. . .


text:
    No. 12844.
    The City of Toledo v. Tressler.
    Decided April 22, 1913.
    Error to Circuit Court of Lucas county.

      Mr. 'Cornell Schreiber, city solicitor, and Mr. Ashton H. Coldham, for plaintiff in error.

      Mr. Karl A. Flickinger, for defendant in error.
   On rehearing. Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 12923.
    Hoffmaster v. The G. M. McKelvey Co. et al.
    Decided April 22, 1913.
    Error to Circuit Court of Mahoning county.

      Mr. Samuel M. Thompson and Mr. Charles Koonce, Jr., for plaintiff in error.

      Mr. Horace T. Smith; Messrs. Arrel, Wilson & Harrington and Messrs. Smith & Johnson, for defendants in error.
   Judg-

ment reversed and final judgment in favor of Levi Hoffmaster and Margaret Patterson.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed; and the court finds that the judgment of the plaintiff below, The G. M. McKelvey Company, is not a valid lien on the premises described in the petition, said judgment having been rendered on the appearance of defendant, being entered under authority of a joint warrant of attorney against one of the parties to such warrant; it appearing on the face of the record that the other party signing' such warrant of attorney had died prior to the entry of such appearance, said joint power was revoked by power of law. And the court finds that the judgments of said Levi Hoffmaster, plaintiff in error, and Margaret Patterson are valid and subsisting.liens on said premises and that they are entitled to the relief prayed for in their cross-petitions.

It' is, therefore, ordered and adjudged that this caus.e be remanded to the coürt of appeals, with instructions to ascertain and fix the amounts due on the judgments of Levi Hoffmaster and Margaret Patterson, and enter decree that the same are valid and subsisting liens on the premises described in the petition, and for further proceedings according to law.

Shauck, C. J., Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13092.
    Cowie, Executrix, v. Meyers et al.
    Decided April 22, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. Charles W. Baker and Messrs. Galvin S’ Bauer, for plaintiff in error.

      Messrs. Workum 'S’ Bowdle; Mr. Otis H. Fisk; Mr. Henry B. McClure and Mr. Aaron A. Ferris, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13112.
    Gans v. Gardner et al.
    Decided April 22, 1913.
    Error to Circuit Court of Stark county.

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

      Lynch S Day and Messrs. Willis on & 'Willison, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13117.
    Shaw v. Shaw.
    Decided April 22, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Closs & Luebbert, for plaintiff in error.

      Mr. Carl Phares and Messrs. Hosea '& :Knight, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13123.
    Mathers v. Mathers.
    Decided April 22, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. Charles B. Wilby and Mr. Mitchell Wilby, for plaintiff in error.

      Mr. Thomas J. Cogan; Mr. Charles F. Williams and Mr. Howard N. Ragland, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13149.
    The Village of Ottawa v. Kersting, County Auditor, et al.
    Decided April 22, 1913.
    Error to Circuit Court of Putnam county.

      Messrs. Bailey & Leasure, for plaintiff in error.

      Mr. J. W. Smith, for defendants in error.
   Judgment. affirmed.

Johnson, Wanamaicer and Wilkin, JJ., concur.


text:
    No. 13388.
    The Card & Prosser Coal Co. v. Snyder.
    Decided April 22, 1913.
    Error to Circuit Court of Columbiana county.

      Messrs. Billingsley, Clark & Moore, for plaintiff in error. Messrs.

      W. S. Anderson & Son and Mr. C. S. Speaker, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13474.
    Mathers v. Mathers.
    Decided April 22, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. Charles B. Wilhy, for plaintiff in error.

      Mr. Thomas J. Cogan; Mr. Charles F. Williams and Mr. Howard N. Ragland, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13722.
    The Ohio & Pennsylvania Coal Co. v. Rankine, Admx.
    Decided April 22, 1913.
    Error to Circuit Court of Jefferson county.

      Messrs. Blandin, Hogsett S’ Ginn and Messrs. Mansfield S Merryman, for plaintiff in error.

      Messrs. Erskine Sr Smith, for defendant in error.
   Judgment affirmed on authority of Saxton v. Seiberling, 48 Ohio St., 559.

Shauck, C. J., Donahue, Wilkin and Newman, JJ., concur. Johnson and Wanamaker, JJ., concur on other grounds. _


text:
    No. 13782.
    Zinn v. Ferris, Executor, etc., et al.
    Decided April 22, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Heady, Ferris Sr McAvoy and Mr. Louis A. Ireton, for plaintiff in error.

      Mr. Rufus B. Smith; Mr. Charles B. Wilhy; Mr. Aaron A. Ferris and Messrs. Bruce 'Sr Bruce, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13783.
    The City of Dayton v. Goldsberry.
    Decided April 22, 1913.
    Error to Circuit Court of Montgomery county.

      Mr, Frank S. Breene; Mr. Albert J. Dwyer and Mr. John 'Roehm, for plaintiff in error.

      Mr. D. B. VanPelt and Mr. Roy G.. Fitzgerald, for defendant in error.
   Judgment affirmed,

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13972.
    Kunz, on Behalf of Himself et al., v. Ley, County Treasurer, et al.
    Decided April 22, 1913.
    Error to Circuit Court of Tuscarawas county.

      Mr. E. E. Dindsey and Mr. A. W. Els on, for plaintiff in error.

      Mr. W. V. Wright, prosecuting attorney; Mr: Timothy S. Hogan, attorney general, and Mr. Clarence D. Laylin, for defendants in error.
   Judgment affirmed.

Johnson, Newman and Wilkin, JJ., concur.


text:
    No. 13803.
    Nevins, a Taxpayer, v. Wiggim, County Treasurer, et al.
    Decided April 22, 1913.
    Error to Circuit Court of Montgomery county.

      Mr. Daniel Nevins arid Messrs. Nevin, Nevin & Kalb fus, for plaintiff in error.

      Mr. Robert C. Patterson, prosecuting attorney; Mr. Clement R. Gilmore, assistant prosecuting attorney, and Mr. Carl W. Lentz, for defendants in error.
   Judgment affirmed.

Johnson, Donahue, Newman and Wilkin JJ., concur.


text:
    No. 13807.
    The City of Lancaster v. Kiger.
    Decided April 22, 1913.
    Error to Circuit Court of Fairfield county.

      Mr. Van A. Snider, city solicitor, for plaintiff in error.

      Mr. C. W. Mc-Cleery and Mr. Charles M. Courtright, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13086.
    The City of Zanesville v. Stotts.
    Decided April 29, 1913.
    Error to Circuit Court o.f Muskingum county.

      Mr. T. F. Thompson, city solicitor, for plaintiff in error.

      Messrs. Winn & Bassett, for defendant in error.
   Judgment reversed and cause remanded.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed.

The court finds that the trial court erred in overruling the motion of the defendant below ■ to direct a verdict at the’ close of the plaintiff’s evidence, but that, inasmuch as the defendant did not. renew the motion at the. close of all the testimony, the circuit court did not err in refusing to enter judgment for the said city of Zanesville, but the court further finds on the conceded facts that the circuit court did err in refusing to reverse the judgment and remand the case of a new trial.

And coming now to render the judgment that the circuit court should have rendered, it is ordered and adjudged' that the judgments of the courts below be reversed and that this cause be remanded to the court of common pleas for further proceedings according to law.

Sitauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13116.
    The Brunswick-Balke-Collender Co. v. Gerstle et al.
    Decided April 29, 1913.
    Error to Circuit Court of Mahoning county.

      Messrs. Mayer, Meyer, Austrian & Platt; Mr. Joseph Wilby and Mr. L. H. E. Lowry, for plaintiff in error.

      Messrs. Wirt & Gunleñnger, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13130.
    Roberts, doing business as Roberts Machine Co., v. Jackman.
    Decided April 29, 1913.
    Error to Circuit Court of Columbiana county.

      Mr. W. S. Potts, for plaintiff in error.

      Mr. W. F. Lones, for defendant in error.
   Judgment vacated and cause remanded to the court of appeals with instructions to consider the weight

of the evidence.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13131.
    Marchand et al. v. Switter.
    Decided April 29, 1913.
    Error to Circuit Court of Stark county.

      Mr. Harry Frease, for plaintiffs in error.

      Mr. D. F: Reinoehl, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13133.
    The Merchants Oil & Gas Co. v. The Camp Glass Co.
    Decided April 29, 1913.
    Error to Circuit Court of Knox county.

      Mr. William G. Koons; Mr. William M. Koons and Mr. David F. Ewing, for plaintiff in error.

      Mr, F. 0. Levering,. for defendant in error..
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13135.
    Stoneman v. Stoneman, etc.
    Decided April 29, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Turner & Jones, for plaintiff in error.

      Mr. William Herbert Page; Mr. Walter S. Page and Mr. Marcus Shoup, for defendant in error.
   Judgment affirmed.

Shaucic, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13156.
    Schlatter v. Walter et al.
    Decided April 29, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Harry Levison, for plaintiff in error.

      Mr. John Schlatter and Messrs. Handy & Wolf, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13188.
    The Dayton & Troy Electric Ry. Co. v. McElwain.
    Decided April 29, 1913.
    Error to Circuit Court of Miami county.

      Messrs. Broomhall & Broomhall and Messrs. McMahon & McMahon, for plaintiff in error.

      Mr, James

      B. Malone and Mr. Thomas B. Kyle, for defendant in error.
   Judgment affirmed.

Shauck, C. J.,' Johnson, Donahue and Newman, JJ., concur.


text:
    No. 13210.
    Katsampos et al. v. Hull.
    Decided April 29, 1913.
    Error to' Circuit Court of Licking county.

      Messrs. Kibler & Kibler, for plaintiffs in error.

      Messrs. Jones '& Jones and Mr. B. F. McDonald, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Donahue and Newman, JJ.,' concur.


text:
    No. 13216.
    Castner et al. v. The Stubenville & East Liverpool Railway & Light Co. et al.
    Decided April 29, 1913.
    Error to Circuit Court of Jefferson coünty.

      Mr. D. M. Gruber and Mr. J. A. Mansfield, for plaintiffs in error.

      Messrs. Miller & Miller; Mr. Jay S. Paisley and Mr. John A. Huston, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13217.
    Dagger et al. v. McClellan.
    Decided April 29, 1913.
    Error to Circuit Court .of Champaign county.

      Mr. J. E. Bowman; Messrs. Waite & Deaton and Mr. T. B. Owen, for plaintiffs in error.

      Messrs. Buroker & Zimmer; Mr. E. L. Bodey and Mr. Louis D. Johnson, for defendant in error.
   Judgmént affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13220.
    Kennedy v. The Clinton County Fair Co. et al.
    Decided April 29, 1913.
    Error to Circuit Court of Clinton county.

      Mr. C. W. Swaim, for plaintiff in error.

      Messrs.Smith S’ Clevenger.; Mr. D. K. Hempstead and Mr. J. M. Morton, for defendants in error. •
   Judgment affirmed.

Spiauck, C. J., Jopinson and Newman, JJ., concur.


text:
    No. 13863.
    Warner, Exr., v. McCammon et al.
    Decided April 29, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. Herman P. Goebel and Mr. Oliver M. Dock, for plaintiff in error.

      Mr. Wallace Burch and Messrs. Heady, Ferris & McAvoy, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13877.
    The Board of County Commissioners of Lucas County et al. v. English.
    Decided April 29, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Holland C. Webster, prosecuting attorney; Mr. Charles M. Milroy, prosecuting attorney; Mr. Lewis. E. Mallow, assistant prosecuting attorney, and Mr. Charles H. Hatfield, prosecuting attorney, for plaintiffs in error.

      Mr. Edgar M. Flowers and Messrs.' Marshall S Fraser, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13919.
    In re Estate of Gilliam, Deceased.
    Decided April 29, 1913.
    Error to Circuit Court of Stark county.

      Mr. J. A. Jeffers and Messrs. Welty & Albaugh, for exceptor and plaintiff in error.

      Mr. J. Whiting, Jr., and Messrs. Waight & Moore, for executor and defendant in error.
   Judgment affirmed..

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13069.
    Logue v. Nachtrieb et al.
    Decided May 6, 1913.
    Error to Circuit Court of Wayne county.

      Mr. M. L. Spooner; Mr. John McSwe.eney and Mr. H. R. Smith, for plaintiff in error.

      Mr. Wayne Hart and Mr. James B. Taylor, for defendants in error.
   On rehearing. Former judgment adhered to.

Shauck, C. J., Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13122.
    The Portsmouth Machine & Casting Co. v. Bates.
    Decided May 6, 1913.
    Error to Circuit Court of Scioto county.

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

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

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13144.
    Schiffel v. Eckerman et al.
    Decided May 6, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. S. N. Schwarts, for plaintiff in error.

      Mr. Frank E. Dellenbaugh and
      Mr. Frederick F. Klingman, for defendants in error.
   Judgment reversed and cause ' remanded to the court of common pleas with direction to overrule demurrer to petition.

Johnson, Donahue, Wanamaker, Newman and Wilkin, ■ JJ., .concur.


text:
    No. 13146.
    Boswell, Admr., v. The Lake Shore Electric Ry. Co.
    Decided May 6, 1913.
    Error to Circuit Court of Huron county.

      Mr. iRupert Holland and Mr. Jesse Vickery, for plaintiff in error.

      Mr. A. V. Andrews, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13170.
    Miller et al. v. Miller.
    Decided May 6, 1913.
    Error to Circuit Court of Guernsey county.

      Mr. John C, Adams and Mr. Thomas H. Wheeler, for plaintiffs in error.

      Mr. Abbe L. Jones, for defendant in error...
   Judgment affirmed.

Shauck, C. J:, Johnson, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13178.
    The Stratton Fire Clay Co. v. The Smallwood Stone Co.
    Decided May 6, 1913.
    Error to Circuit Court of Jefferson county.

      Mr. D. M. Gruber, for plaintiff in error;

      Mr. R. G. Porter; Mr. P. P. Lewis and Mr. W. R.. Alban, for-defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ.,- concur.


text:
    No. 13209.
    Miller v. Basore et al.
    Decided May 6, 1913.
    Error to Circuit Court of Lorain, county.

      Mr. L. B. Fauver and Mr. R. FI. Rice,for plaintiff, in error.

      Mr. George L. Glitsch, for, defendants in error..
   Judgment affirmed.

John-, son, Wanamaker' and Wilkin, JJ., concur.


text:
    No. 13223.
    The Village of Cadiz v. Timmons.
    Decided May 6, 1913.
    Error to Circuit Court of Harrison county.

      Mr. Albert O. Barnes and Mr. R. H. Minteer, for plaintiff in error..

      Messrs. Hollingsworth '■& Worley, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and'Wilkin, JJ., concur.


text:
    No. 13233.
    The National Insurance Co. of Cincinnati v. Mincks et al.
    Decided May 6, 1913.
    Error to Circuit Court of Harrison' county.

      Mr. J. L. Kohl and Messrs. Hollingsworth '& Worley, for plaintiff in error.

      Mr. Albert O. Barnes, for defendants in error.
   Judgment-affirmed.

Johnson; Wanamaker and Wilkin, JJ., concur.


text:
    No. 13370.
    Looker et al. v. Wadsworth.
    Decided May 6, 1913.
    Error to Circuit Court of Summit county.

      Mr. Edward F. Voris and Messrs. Wilcox, Burch & Adams, for plaintiffs in error.

      Messrs. Boylan & Brouse,-ior defendant in error.
   Judgment affirmed.

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


text:
    No. 13870.
    Krumm et al. v. Harris.
    Decided May 6, 1913.
    Error to Circuit Court of Franklin county.

      Messrs. Williams', Williams, Taylor & Nash and Mr. W. T. Spear, for plaintiffs in error.

      Messrs. Pugh & Pugh and Mr. J. M. Sheets, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13973.
    Lott v. The State of Ohio.
    Decided May 6, 1913.
    Error to Circuit Court of Darke county,
    ikfr. H. L. Yount, for plaintiff in error,
    ikfr. John F. Maher and ikfr. L. E. Kerlin, prosecuting attorneys; Mr. A. H. Meeker and ikfr. D. W. Bowman, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13137.
    Westwater et al., Partners, v. Federal Union Surety Co.
    Decided May 13, 1913.
    Error to Circuit Court of Franklin county,
    ikfr. James M. Butler and ikfr. /. G: Westwater, for plaintiffs in error..

      Messrs. Bennett & West-fall, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13140.
    Belcher v. Richart.
    Decided May 13, 1913.
    Error to Circuit Court of Scioto county.

      Messrs. Holcomb '& Millar, for plaintiff in ¡error.

      Mr. Noah J. Dever, for defendant in error.
   Judgment affirmed.-

Johnson, Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13143.
    The Hardesty Manufacturing Co. v. The Rice Veneer & Lumber Co.
    Decided May 13, 1913.
    Error to Circuit Court of Tuscarawas county.

      Mr. J. G. Patrick, for plaintiff in error.

      Mr. Ed. C. Seikel, for defendant in error:
   Judgment affirmed.

Johnson, Donahue, Wanamaker, Newman and Wi-lkin, JJ., concur.


text:
    No. 13161.
    Kump v. The Kilby Manufacturing Co.
    Decided May 13, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. C. W. Dille and Mr. PL. C. Boyd, for plaintiff in error.

      Messrs. . Hoyt, Dustin, Kelley, McKeehan & Andrews, dor defendant in error.
   Judgment affirmed.

Shauck, C. J., Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13163.
    Humphreys et al. v. Loomis et al.
    Decided May 13, 1913.
    Error to Circuit' Court of Summit county..

      Messrs. Slaybaugh, ■ Seiberling & Huber and Messrs. Lyon & Hunter, for plaintiffs in error.

      Mr. Edwin F. Voris and Mr. Samuel G. Rogers, for defendants in error.
   Judgment affirmed. •

Johnson, : Donahue and NewmAn, JJ..,-edneur.'


text:
    No. 13190.
    Rice v. The Hocking Valley Railway Co.
    Decided May 13, 1913.
    Error to Circuit Court of Hocking county.

      Mr. A. E. Jacobs, for plaintiff in error.

      Mr. John F. Wilson; Mr. T. S. Hogan and Mr. J. M. McGillivray, for defendant in error.
   Judgment affirmed on ground that verdict for original defendant should have been directed.

Shauck, C. J., Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13191.
    The City of Cincinnati v. George & Allan.
    Decided May 13, 1913.
    Error to Circuit Court of Hamilton county.

      Mr; Edward M. Ballard and Mr. Alfred Bettman, city solicitors, and Mr. Geoffrey Goldsmith and Mr. Coleman Avery, assistant city solicitors, for plaintiff in error.

      Messrs. Little ford, James, Frost ■& Foster, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13226.
    Donaldson v. The Cadiz Gas Co. et al.
    Decided May 13, 1913.
    Error to Circuit Court of Harrison county.

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

      Messrs. Hollingsworth & Worley, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13235.
    Hackenberg v. Hackenberg.
    Decided May 13, 1913.
    Error to Circuit Court of •Cuyahoga county.

      Messrs. 'Cushing, Siddall & Palmer and Mr. A. E. Powell, for plaintiff in error.

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

Johnson, Donahue, Newman and Wilkin, JJ., concur. Wan am aker, J., dissents.


text:
    No. 13236.
    The Superior Coal Co. v. The Mackeldum Mining Co.
    Decided May 13, 1913.
    Error to Circuit Court of Jefferson county.

      Mr. T. S. Hogan and Mr. Joseph McGhee, for plaintiff in error.

      Mr. J. M. McGillivray; Mr. Wallace D. Yaple and Mr. Walter W. Boulger, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13244.
    Long et al., Admrs., v. Liebherr et al.
    Decided May 13, 1913.
    Error to Cir-cuit Court of Wood county.

      Messrs. Bailey & Leasure and Mr. Lawrence F. Conway, for plaintiffs in error.

      Mr. Edward Beaverstock; Mr. Benjamin P. James and Messrs. McClelland & Bowman, for defendants 'in error.
   Judgment affirmed.

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


text:
    No. 13246.
    The City of Cincinnati v. Armstrong.
    Decided May 13, 1913.
    Error to • Circuit Court of Hamilton county.

      Mr. Edward 'M. Ballard and Mr. Alfred Bettman, city solicitors, and Mr. Constant Southworth and Mr. Coleman Avery, assistant city solicitors, for plaintiff in error.

      Mr. Harry J. Wernke and Mr. Herman J. Guckenberg'er, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, .Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13254.
    The Harrison & Jefferson Telephone Co. v. Carter.
    Decided May 13, 1913.
    Error to Circuit Court of Jefferson county.

      Messrs. Hollingsworth & Worley, for plaintiff in error.

      Mr. Frank H. Kerr, for defendant in error.
   Judgment reversed and judgment for plaintiff in error.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13259.
    Mead, Jr., v. Brown et al., Partners as Jane Brown & Sons.
    Decided May 13, 1913.
    Error to Circuit Court of Lick-ing county.

      Mr. J. V. Hilliard, for plaintiff - in error.

      Messrs. Flory & Flory, for' defendants in error.
   Judgment affirmed.

Spiauck, C. J., Donahue and Newman, JJ., concur.


text:
    No. 13299.
    The Louisville & Cincinnati Packet Co. v. Long.
    Decided May 13, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Stephens, Lincoln & Stephens, for plaintiff in error.

      Mr. Chas. Broadwell, for defendant in error.
   Judgment affirmed.

.Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13310.
    Schmidt v. The Erie Railroad Co.
    Decided May 13, 1913.
    Error to Circuit Court of Summit county.

      Messrs. Musser, Kimber & Huffman and Mr: H. J. Nord, for plaintiff in error.

      Messrs. Cushing, Siddall & Palmer and Messrs. Rogers '& Rowley, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13418.
    Wolfcale, Admx., v. Minck.
    Decided May 13, 1913.
    Error to Circuit Court of Mahoning county.

      Mr. D. J. Hartwell and Mr. Frank Jacobs, for ' plaintiff in error.

      Mr. D. F. Anderson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13461.
    Maxwell et al., Exrs., v. Holland, Admr.
    Decided May 13, 1913.
    Error to Circuit Court of Greene county.

      Messrs. Maxwell & Maxwell and Mr. C. L. Spencer, for plaintiffs in error.

      Mr. M. R. Snodgrass, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13521.
    Dubroy, Admx., v. The Marble & Shattuck Chair Co.
    Decided May 13, 1913.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. L. B. Bacon, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13878.
    Wonsetler v. Hyland, Clerk.
    Decided May 13, 1913.
    Error’ to Circuit Court of Mahoning county.

      Messrs. Kistler & Oesch and Messrs. W. S. Anderson '& Son, for plaintiff in error.

      Mr. David G. Jenkins, for defendant in error.
   Judgment of the circuit court reversed upon the ground that the judgment of the court of common pleas was within its jurisdiction and was not contrary to law, and cause remanded to the court of appeals with direction to consider the weight of the evidence.

Shauck, C. J., Donahue, Newman and Wilkin, JJ., concur.


text:
    No. 13145.
    Johnson v. Johnson et al.
    Decided May 20, 1913.
    Error to Circuit Court of Guernsey county.

      Messrs. Rosemond & Bell, for plaintiff in error.

      Mr. Charles S. Turnbaugh and Mr. A. M. Morris, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13148.
    Johnston, Admr., v. The City of Dayton.
    Decided May 20, 1913.
    Error to Circuit Court of Montgomery county.

      Messrs. Mattern & Brumbaugh, for plaintiff in error.

      Mr. Frank S. Breene; Mr. A. J. Dwyer and Mr. John Roehm, for defendant in error.
   Judgment of the circuit court reversed, and that of the commonpleas affirmed.

Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13153.
    The Springfield Light, Heat & Power Co. v. The City of Springfield.
    Decided May 20, 1913.
    Error to Circuit Court of Clark county.

      Messrs. Hagan & Hagan; Mr. John L. Zimmerman and Messrs. Keifer '& Keifer, for plaintiff in error.

      Mr. Elza F. McKee, city solicitor, and Mr. Stewart F. Tatum, for defendant in error.
   Judgment affirmed.

Donahue, Wanamaker, Newman and Wilkin, JJ., concur. Johnson, J., not participating.


text:
    No. 13159.
    Reed et al., Partners, v. Freet.
    Decided May 20, 1913.
    Error to Circuit Court of Allen county.

      Mr. C. F. Fess, for plaintiffs in error.

      Mr. L. H. Rogers and Messrs. Wheeler & Bentley, for defendant in error.
   Judgment affirmed.

Spiauck, C. J., Jopinson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13160.
    The Mahoning Builders Supply Co. v. Chesney.
    Decided May 20, 1913.
    Error to Circuit Court -of Mahoning county.

      Mr. D.. J. Hartwell and Mr. Frank Jacobs, for plaintiff in error.

      Mr. E. -N. Brown,' for defendant in error.
   Judgment affirmed.

Johnson, Donahue, .Wanamaker,-Newman :and Wilkin, JJ., concur.


text:
    No. 13167.
    Powell v. Parrish.
    Decided May 20, 1913.
    Error to Circuit Court of Franklin county.

      Mr. G. J. Marriott, for plaintiff in error.

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

Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13168.
    Dissette v. Myers, Treasurer.
    Decided May 20, 1913.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Westenhaver, Boyd, Rudolph & Brooks, for plaintiff in error.

      Mr. John A. Cline, prosecuting attorney, and Mr. Walter D. Meals, assistant prosecuting attorney, for defendant in error:
   Judgment affirmed.

Johnson, Donáhue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13195.
    Hawkins v. Montgomery et al.
    Decided May 20, 1913.
    Error to Circuit Court of Licking county.

      Messrs. Flory & Flory, for plaintiff in error.

      Messrs. Fitzgibbon '& Montgomery; Mr. A. A. Stasel and Messrs. Norpell, Norpell '& Martin, for defendants in error.
   Judg-; fnent affirmed as to petition in error and modified as prayed for in cross-petition in error.

■ It is ordered and adjudged by this court, that the judgment, of the said circuit court be, and the same is, hereby affirmed as against said plaintiff in error and as to all matters presented by the petition in error.

And coming to consider the cross-petition in error of said Wesley Montgomery, it is considered and adjudged that said circuit court erred in finding that Nutter & Bourner, The Wilson Mill & Lumber Company, and The Superior Portland Cement Company, or either of them, had a lien upon said fund, and it is ordered and adjudged that they be excluded from participation therein.

Shauck, C. J., Johnson, Do.nahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13265.
    The Northern Ohio Traction & Light Co. v. Battin, Admx.
    Decided May 20, 1913.
    Error to Circuit Court of Stark county.

      Messrs. Welty '& Albaugh, for plaintiff in error.

      Mr. P. J. Collins and Messrs. Lynch & Day, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13277.
    James v. Seldin et al., Partners as J. Seldin & Sons.
    Decided May 20, 1913.
    Error to Circuit Court of Lucas county.

      Mr. Marion W. Bacome, for plaintiff in error.

      Mr. Letuis B. Hall and Mr. Edgar M. Flowers, for defendants in error.
   Judgment reversed and judgment for plaintiff in error on authority of Seeds Grain & Hay Co. v. Conger, 83 Ohio St., 169.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13306.
    The H. J. Reedy Co. v. Harrison et al., Exrs. and Trustees.
    Decided May 20, 1913.
    Error to Circuit Court of Hamilton county.
      Messrs. Healy, Ferris '& Me Avoy, for plaintiff in error.

      Mr. Rufus B. Smith and Mr. Charles H. Stephens, Jr., for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13315.
    Shainholtz et al. v. The City of Zanesville et al.
    Decided May 20, 1913.
    Error to Circuit Court of Muskingum county.

      Mr. Stanley J. Crew and Mr. Robert J. King, for plaintiffs in error.

      Mr. T. F. Thompson, city solicitor, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13316.
    Gray v. American Cintering Co.
    Decided May 20, 1913.
    Error to Circuit Court of Trumbull county.

      Messrs. Fillius & Fillius, for plaintiff in error.

      Messrs. Hine, Kennedy & Manchester and Mr. G. P. Gillmer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13318.
    Jackson et al. v. Sheppard, Trustee.
    Decided May 20, 1913.
    Error to Circuit Court of Guernsey county.

      Mr. J. W. Small-wood and Mr. J. B. Ferguson, for plaintiffs in error.

      Messrs. Rosemond & Bell and Mr. Charles S. Sheppard, for defendant in error.
   Judgment affirmed.-

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


text:
    No. 13320.
    The Armor Clad Manufacturing Co. v. Heggy.
    Decided May 20, 1913.
    Error to Circuit Court of Stark county.

      Mr. J. A. Jeffers, for plaintiff in error.

      Mr. E. L. Mills, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13321.
    The Armor Clad Manufacturing Co. v. Heggy.
    Decided May 20, 1913.
    Error to Circuit Court of Stark county.

      Mr. J. A. Jeffers, for plaintiff in error.

      Mr. E. L. Mills, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13331.
    Frank v. Stauder et al.
    Decided May 20, 1913.
    Error to Circuit Court of Lorain county.

      Mr. L. B. Fauver and Mr. R. H-. Rice, for plaintiff in error.

      Messrs. Webber & Metcalf and Mr. Anthony Niedling, for defendants in error.
   Judgment affirmed.

Sitauck, C. J., Donahue and Newman, JJ., concur.


text:
    No. 13342.
    The Hamilton Building Co. v. Beecher.
    Decided May 20, 1913.
    Error to Circuit Court of Erie county.

      Messrs. Guerin '& Ritter, for plaintiff in error.

      Mr. R. B. Fisher, for defendant in error.
   Judgment affirmed.'

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13345.
    Osborne et al. v. The Amherst Bank Co.
    Decided May 20, 1913.
    Error to. Circuit Court of Cuyahoga county.

      Mr. George A. Groot, for plaintiffs in error.

      Messrs. Myers '& Green, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13348.
    Grossnickle v. Carter et al.
    Decided May 20, 1913.
    Error to Circuit Court of Clermont county.

      Mr. T. P. Breeding; Mr. W. A. Joseph; Messrs. Frasier & Hicks; Messrs. Griffith '& Nichols; Messrs. Eltsroth & Maple and Messrs. Darby & Benedict, for plaintiff in error.

      Messrs. W. F., Wm. A. & A. C. Roudebush, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Donai-iue and Newman, JJ., concur.


text:
    No. 13352.
    The Southeastern Ohio Railway, Light & Power Co. v. Yoho et al.
    Decided May 20, 1913.
    Error to Circuit Court of Muskingum county.

      Mr. Edward R. Meyer, for plaintiff in error.

      Mr. Harry C. Shepherd and Mr. A. A. George, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13354.
    Bartlett v. Lauderbaugh.
    Decided May 20, 1913.
    Error to Circuit Court of Knox county.

      Messrs. Ozven & Carr, for plaintiff in error.

      Mr. Columbus Ewalt, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13450.
    The Chicago & Erie Railroad Co. v. Fry.
    Decided May 20, 1913.
    Error to Circuit Court of Allen county.

      Mr. ■ W. O.. Johnson and Messrs. Halfhill, Quail & Kirk, for plaintiff in error.

      Messrs. Secrest & Everett, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Newman and Wilkin, JJ., concur.


text:
    No. 13171.
    The Bell Garment Co. v. The Unity Silk Co.
    Decided May 27, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. Fred Desberg, for plaintiff in error.

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

Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13172.
    W. C. Treece & Co. v. The Mutual Manufacturing Co.
    Decided May 27, 1913.
    Error to Circuit Court of Hancock county.

      Mr. George H. Phelps, for plaintiff in error.

      Messrs. Burket & Burket and Mr. Carl D. Shoemaker, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13173.
    Haserodt, Auditor, et al. v. Susan.
    Decided May 27, 1913.
    Error to Circuit Court of Lorain county.

      Mr. F. M. Stevens, for plaintiffs in error.

      Mr. G. B. Findlay, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13176.
    Seitz v. Witzberger.
    Decided May 27, 1913.
    Error to Circuit Court of Summit county.

      Messrs. Rogers & Rowley, for plaintiff in error.

      Mr. Clarence W. May -and Mr. Andrew J. Wilhelm, for defendant in-error;
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13181.
    The Cleveland Trust Co. v. The Village of Oberlin et al.
    Decided May 27, 1913.
    Error to Circuit Court; of Lorain county.

      Mr. John MacGregor, Jr.; Mr. R. T. Sawyer and Mr. L. B. Fauver, for plaintiff in error.

      Mr. George L. Glitsch; Mr. G. A. Resek; Mr. F. A. Stetson; Mr. C. R. Summers; Mr. Charles A. Flammond and Mr. A. Z. TillotsonT for defendants in error.
   Judgment ' affirmed.

Shauck, C. J., Johnson, Donahue; Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13183.
    Heller v. Kipp et al.
    Decided May 27, 1913.
    Error to Circuit- Court of Darke county.

      Mr. Martin B. Trainor, for plaintiff in error.

      Mr. Elijah Devor and Mr. D. P. Irwin, for defendants in error.
   Judgment ■; affirmed.

'Shauck, C. J., Johnson, Donahue, • Wanamaker, Newman and Wilkin, JJ., concur. ■ -"


text:
    No. 13186.
    Lamph v. The Mahoning Valley Ry. Co.
    Decided May 27, 1913.
    Error to Circuit Court of Mahoning county,

      Mr. George

      Edwards, for plaintiff in error.

      Messrs. Arrel, Wilson, Harrington & DeFord, for defendant in error..
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13193.
    Myers v. Beeler et al.
    Decided May 27, 1913.
    Error to Circuit Court of Summit county.

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

      Messrs. Wilcox, Parsons, Burch '& Adams, for defendants in error.
   Judgment affirmed.

Johnson, Donahue and Newman, JJ., concur.


text:
    No. 13198.
    The Franklin Bank Co. et al. v. Miller, Receiver.
    Decided May 27, 1913.
    Error to Circuit Court of Licking county.

      Mr. A. A. Stasel, for plaintiffs in error.

      Messrs. Jones '& Jones and Mr. John M. Swartz, for defendant in error.
   Judgment affirmed.

Shauck, C. J., .Johnson, .Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13201.
    Miller v. Pyle.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. W. W. Symmes, for plaintiff in error.

      Mr. Carl S. Rankin and Messrs. Fulton & Woost, for defendant in error.
   Judgment affirmed, the error 'in charge not being prejudicial.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and-Wilkin, JJ'., concur.


text:
    No. 13206.
    Miller v. Krist.
    Decided May 27, 1913.
    Error to Circuit Court of Cuyahoga county.

      Mr. William H. Miller, for plaintiff in error.

      Mr. William T. Clark, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker and Wilkin, . JJ., concur.


text:
    No. 13208.
    The City of Cincinnati v. DuBrul.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. Edward M: Ballard and ikfr. Geoffrey Goldsmith, city solicitors, for plaintiff in error.

      Mr. P. S. Phillips and Mr. A. W. Bruck, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13214.
    Griffith et al. v. Kingman.
    Decided May 27, 1913.
    Error to Circuit Court of Morrow county.

      Messrs. Mitchell & Bruce and Mr. J. W. Barry, for plaintiffs in error.

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

Johnson, Wanamaker and Newman, JJ., concur.


text:
    No. 13225.
    Ferriman v. The Savings Deposit Bank Co.
    Decided May 27, 1913.
    Error to Circuit Court of Medina county.

      Mr. Lee Elliott and Mr. J. W. Seymour, for plaintiff in error.

      Mr. Frank Spellman and Messrs. Henderson,

      Quail & Siddall, for defendant in error.
   Judgment affirmed.

Johnson, Donahue and Newman, JJ., .concur.


text:
    No. 13229.
    The Free Press Publishing Co. v. Fries et al.
    Decided May 27, 1913.
    Error to Circuit Court of Wood county.

      Mr. Edward Beverstock; Mr. Benjamin F. James; Mr. John S. Hoyman and Mr. Earl D. Bloom, for plaintiff in error.

      Mr. Jesse Stephens and Mr. Clyde R. Painter, for defendants in error.
   Judgment affirmed.'

Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13230.
    Ridenour et al. v. Fadler et al.
    Decided May 27, 1913.
    Error to Circuit Court of Preble county.

      Mr. R. E. Lowry and Messrs. Lowry & King, for plaintiffs in error.

      Messrs. Gilmore-& Saylor, for defendants in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13231.
    The Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. McMechen.
    Decided May 27, 1913.
    Error to Circuit Court of Harrison county.

      Messrs. Dunbar '& Sweeney; Mr. A. 0. Barnes and Mr. C. L. Weems, for plaintiff in error.

      Mr. R. H. Minteer, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13349.
    Grossnickle v. Carter et al.
    Decided May 27, 1913.
    Error to Circuit Court of Clermont county.

      Mr. T. P. Breeding; Mn W. A. Joseph; Messrs. Frazier '& Hicks; Messrs. Griffith & Nichols; Messrs. Eltzroth & Maple and Mr. C. C. Benedict; for plaintiff in error.

      Messrs. W. F., W. A. & A. C. Roudebush; Messrs. Griffith & Nichols and Mr. T. P. Breeding, for defendants in error.
   Judgment affirmed.-

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


text:
    No. 13365.
    Lewis et al. v. Vaughn et al.
    Decided May 27, 1913.
    Error to Circuit Court of Mahoning county.

      Mr. H. A. Ernst and Mr. Charles Koonce, Jr., for plaintiff in error.

      Mr. W. W. Pierson and Mr. M. C. McNab, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13386.
    Hoffman et al. v. Staley et al.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Galvin ■& Bauer and Messrs. Spangenberg & Spangenberg, for plaintiffs in error.
    Messrs. Peck, Shaffer & Peck; Messrs. Sayler '& Sayler; Messrs. Dolle, Taylor & O’Donnell and Messrs. Closs '& Luebbert, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13398.
    Haley v. King et al., Admxs.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton County.

      Mr. S. 0. Bayless and Messrs. Clore, Dickerson & 'Clayton, for plaintiff in error.

      Messrs. Kramer & Bettman and Mr. Joseph A. Keadin, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13399.
    Haley v. King et al., Admxs.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton county.

      Mr. S. 0. Bayless and Messrs. Clore, Dickerson & Clayton, for plaintiff in error.
    • Messrs. Kramer & Bettman and Mr. .Joseph A. Keadin, for defendants in error.
   Judg.ment affirmed.

Johnson, Wanamaker and Wil.kin, JJ., concur.


text:
    No. 13926.
    Hermann v. The State of Ohio.
    Decided May 27, 1913.
    Error to Circuit Court of Allen county.

      Mr. Joseph P. Owens and Messrs. Armstrong, Light & Shap pell, for plaintiff in error.

      Mr. J. J. Weadock, prosecuting attorney; Messrs. Welty & Downing; Mr. C. M. Earhart; Mr. J. A. White and Mr. W• B. Wheeler, for defendant in error.
   Judgment affirmed.

Si-iauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13955.
    Townsend v. The State of Ohio.
    Decided May 27, 1913.
    Error to Circuit Court of Darke county.

      Mr. J. M. Bickel; Mr. George W. Mannix, Jr., a.nd Mr. Martin B.

      Trainor, for plaintiff in error.

      Mr. L. E. Kerlin and Mr. John F. Maher, prosecuting attorneys; Mr. D. W. Bowman and Mr. A. H. Meeker, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 14007.
    The State of Ohio v. Hermann.
    Decided May 27, 1913.
    Error to Circuit Court of Allen county.

      Mr. J. J. Weadock, prosecuting attorney; Messrs. Welty & Downing; Mr. C. M. Earhart; Mr. J. A. White and Mr. W. B. Wheeler, for plaintiff in error.

      Messrs. Armstrong, Light & Shappell; Mr-. Joseph P. Owens, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 14021.
    The Cincinnati Traction Co. v. Perry.
    Decided May 27, 1913.
    Error to Circuit Court of Hamilton county.

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

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

Shauck, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13212.
    Laughlin v. Spence et al.
    Decided June 3, 1913.
    Error to Circuit Court of Guernsey county.

      Messrs. Rosemond, Bell & Dugan, for plaintiff in error.

      Messrs. Sheppard '& Eagleson, for defendants in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

Shauck, C. J., Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13238.
    The Toledo & Ohio Central Ry. Co. v. Gilman.
    Decided June 3, 1913.
    Error to Circuit Court of Morrow county.

      Messrs. Doyle & Lewis and Mr. Benjamin Olds, for plaintiff in error.

      Messrs. Harlan & Wood, for defendants in error.
   Judgment reversed and judgment for plaintiff in error. .

Johnson, Donahue, Wanamaker, Newman- and Wilkin, JJ., concur.


text:
    No. 13239.
    Campbell v. The State, ex rel. Cain.
    Decided June 3, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Kelley, Huseman & Remke, for plaintiff in error.

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

Johnson^ Donahue, Wanamaker, Newman and Wilkin, JJ.,. concur.


text:
    No. 13243.
    Stark v. Stark.
    Decided June 3, 1913.
    Error- to Circuit Court of Richland county.

      Mr: Jesse E. LaDow, for plaintiff in error.

      Messrs. Douglass '& Hutchison, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13334.
    Smith v. The Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co.
    Decided June 3, 1913.
    Error to Circuit Court of Coshocton county.

      Messrs. W. S. Anderson '& Son and Messrs. Levengood Johnson, for plaintiff in error.

      Mr. C. L. Weems and Mr. F. E. Pomerene, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Donahue, Newman and Wilkin, JJ., concur. Wanamaker, J., dissents.


text:
    No. 13363.
    The Board of County Commissioners of Guernsey County v. Black.
    Decided June 3, 1913.
    Error to Circuit Court of Guernsey county.

      Mr. B. F. Enos, prosecuting, attorney, and Messrs. Sheppard & Eagleson, for plaintiff in error.

      Mr. John S. Black, for defendant in error.
   Judgment affirmed.

Johnson, Donahue, Wanamaker and Newman, JJ., concur.


text:
    No. 13378.
    Duncan, Exr., v. McDonough et al.
    Decided June 3, 1913.
    Error to Circuit Court of Hamilton county.

      Messrs. Moulinier, Bettman & Hunt, for plaintiff in error.

      Mr. W. A. Rinckhoff and Messrs. Clore, Dickerson & Clayton, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Shauck, C. J., Johnson, Wanamaker, Newman and Wilkin, JJ.,. concur.


text:
    No. 13387.
    The Portsmouth Street Railroad & Light Co. v. Foy, Sr., et al., Partners.
    Decided June 3, 1913.
    Error to Circuit Court of Scioto county.

      Messrs. Milner, Miller & Sear l, for plaintiff in error.

      Messrs. Evans '& Crawford, for defendants in error.
   Judgment affirmed.

Shauck, C. J., Johnson, Donai-iue, Wanamaicer and Newman, JJ., concur.


text:
    No. 13408.
    Crossley et al. v. Hammond et al.
    Decided June 3, 1913.
    Error to Circuit Court of Ottawa county.

      Mr. Timothy S. Hogan, attorney general; Mr. Charles S. Northup and Mr. George N. Fell, for plaintiffs in error.

      Mr. George. A. True and Mr. Ruel H. Crawford, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13413.
    Board of Education of Elizabeth Township v. Board of Education of Decatur Township.
    Decided June 3, 1913.
    Error to Circuit Court of Lawrence county.

      Messrs. Andrews & Irish and Mr. Julius L. Anderson, for plaintiff in error.

      Mr. A. R. Johnson and Mr. Dan C. Jones, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Newman and Wilkin, JJ., concur.


text:
    No. 13415.
    Lake Erie & Western Rd. Co. v. The Fostoria & Fremont Ry. Co.
    Decided June 3, 1913.
    Error to Circuit Court of Seneca county.

      Mr. John B. Cockrum; Messrs. Dore & Dore and Mr. James G. Hunt, for plaintiff in error.

      Messrs. Goeke, Anderson '& Musser and
      Mr. 'Charles A. Strauch, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13422.
    Miller et al. v. Smith.
    Decided June 3, 1913.
    Error to Circuit Court of Seneca county.

      Mr. W. D. Pence and Mr. Willis Bacon, for plaintiffs in error.

      Messrs. Wagner & Knepper, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Donai-iue and Newman, JJ., concur.


text:
    No. 13430.
    White et al. v. White et al.
    Decided June 3, 1913.
    Error to Circuit Court of Wood county.

      Mr. Edgar H. Johnson and Mr. Eugene Rhine frank, for plaintiffs in error.

      Mr. J. W. Lane, for Rose White, defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13433.
    Warnock v. Wilkinson et al.
    Decided June 3, 1913.
    Error to Circuit Court of (Belmont county.

      Mr. Harry C. Shepherd, for plaintiff in error.

      Mr. Fred Spriggs, for defendants in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13434.
    Warnock v. Porterfield.
    Decided June 3, 1913.
    Error to Circuit Court of Belmont county.

      Mr. Harry C. Shepherd, for plaintiff in error.

      Mr. Fred Spriggs, for defendant in error.
   Judgment affirmed.

Johnson, .Wanamaker and Wilkin, JJ., concur.


text:
    No. 13435.
    Warnock v. Ogilbee.
    Decided June 3, 1913.
    Error to Circuit Court of Belmont county. ■

      Mr. Harry C. Shepherd, for plaintiff in error.

      Mr. Fred Spriggs, for defendant in error.
   Judgment affirmed.

Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 13436.
    The Lima Locomotive & Machine Co. v. The Cincinnati, Hamilton & Dayton Ry. Co.
    Decided June 3, 1913.
    Error to Circuit Court of Allen county.

      Messrs. Prophet & Eastman and Messrs. Barr '& Jackson, for plaintiff in error.

      Mr. Moris on R. Waite and Mr. I. R. Longzvorth, for defendant in error.
   Judgment affirmed.

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