text:
    No. 8269.
    The Lake Shore, etc., Railway Co. v. The City of Toledo, etc., et al.
    (Decided February 23, 1904.)
    Error to Circuit Court of Lucas county.

      Mr. E. D. Potter, for plaintiff in error.

      Mr. P. A. MacGahan, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

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


source: Caselaw Access Project

license: Public Domain

text:
    No. 8011.
    Drott v. Koch.
    (Decided March 1, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. S. T. Crawford, for plaintiff in error.

      Messrs. Goebel é Bettinger, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8017.
    Hoff et al. v. Commons et al.
    (Decided March 1, 1904.)
    Error to Circuit Court of Darke county.

      Messrs. Robeson S Yount, for plaintiffs in error.

      Mr. J. C. Clark and Mr. M. B. Trainor, for defendants in error.
   Judgment affirmed.

Davis, Price and Crew, JJ., concur.


text:
    No. 8029.
    The Newark Publishing Co. et al. v. Donovan.
    (Decided March 1, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. S. L. James and Mr. W. H. English, for plaintiffs in error.

      Mr. J. R. Davies, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8030.
    Graff et al. v. Megrue et al.
    (Decided March 1, 1904.)
    Error to Circuit Court of Hamilton county.

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

      Messrs. Paxton & Warrington and Mr. W. T. Porter, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8081.
    The State of Ohio v. Brookman.
    (Decided March 1, 1904.)
    Error from the Common Pleas Court of Columbiana county.
    Exceptions by prosecuting attorney of Columbiana county.

      Mr. J. E. Brookes, for plaintiff in error.
    • Messrs. Billingsley, Taylor é Clark, for defendant in error.
   Exceptions overruled on authority of Railway Co. v. Schaffer, 65 Ohio St., 414, and of Cleveland v. Construction Co., 67 Ohio St., 197.

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


text:
    No. 8142.
    The City of Dayton et al. v. The State, ex rel. Cotterman.
    (Decided March 1, 1904.)
    Error to Circuit Court of Montgomery county.

      Mr. E. P. Mathews, for plaintiffs in error.

      Messrs. McMahon & McMahon, for defendants in error.
   Judgment reversed and judgment for plaintiffs in error.

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

Summers, J'., not sitting.


text:
    No. 8171.
    Milner & Co. v. Blickley.
    (Decided March 1, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Doyle & Letuis and Mr. J. W. Schaufelbet - ger, for plaintiff in error.

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

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


text:
    No. 8209.
    The Pennsylvania, etc., Railway Co. v. Jacoby et al.
    (Decided March 1, 1904.)
    Error to Circuit Court of Clark county.

      Mr. Charles Darlington, for plaintiff in error.

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

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

Summers, J., not sitting.


text:
    No. 8243.
    The Nigh Lumber Co. v. McKee, an Infant, etc.
    (Decided March 1, 1904.)
    Error to Circuit Court of Lawrence county.

      Mr. J. L'. Anderson and Mr. L. R. Andrews, for plaintiff in error.

      Messrs. Corn $ Thompson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8303.
    The Commissioners of Shelby County et al. v. Gross et al.
    (Decided March 1, 1904.)
    Error to Circuit Court of Shelby county.

      Messrs. Goeke <& Hoskins; Mr. H. W. Robinson and Mr. J. D. Barnes, for plaintiffs in error.

      Mr. Samuel H. West, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8331.
    The Village of Norwood et al. v. Fridman.
    (Decided March 1, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. W. R. Collins and Messrs. Ampt, Ireton S Collins, for plaintiffs in error.

      Messrs. Dempsey S Fridman, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8509.
    The Wheeling & Lake Erie Railroad Co. v. Suhrwiar.
    (Decided March 1, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Squire, Sanders & Dempsey and Mr. C. A. Seiders, for plaintiff in error.

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

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


text:
    No. 8537.
    Wadsworth v. The Cleveland Electric Railway Co.
    (Decided March 1, 1904.)
    Error to Circuit Court of Cuyahoga county.

      ■ Mr. W. H. Boyd; Mr. J. W. Taylor and Mr. T. H. Garry, for plaintiff in error.

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

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


text:
    No. 8018.
    Young et al. v. Van Tuyl.
    (Decided March. 8, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Doyle & Lewis and Mr. B. F. Brough, for plaintiffs in error.

      Mr. C. E. Longwell, for defendant in error
   Judgment affirmed.

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


text:
    No. 8034.
    Huber v. Sahm.
    (Decided March 8, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. D. F. Cash, for plaintiff in error.

      Mr. G. J. McDiarmid and Mr. Ernst Rehm, for defendant in error.
   Judgment affirmed on authority of Catholic Benevolent Legion v. McGinnis, 59 Ohio St., 331.

Davis, Price and Crew, JJ., concur.


text:
    No. 8362.
    Shaw, Assignee, v. Ginn, Assignee, et al.
    (Decided March 8, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Walter G. Ong, for plaintiff in error.

      Messrs. Ford, Snyder, Henry & McGraw, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8539.
    Davenport v. The Globe Iron Works Co.
    (Decided March 8, 1904.)
    E-r.-r.ob. to Circuit Court of Cuyahoga county.

      Mr. Edmund Hitchens and Messrs. Skiles & Skiles, for plaintiff in error.

      Mr. E. K. Wilcox, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8039.
    The City of Youngstown v. McNally et al.
    (Decided March 15, 1904.)
    Error to Circuit Court of. Mahoning county.

      Mr. S. 8. Conroy, for plaintiff in error.

      Mr. M. A. Norris; Mr. 8. L. Clark; Mr. W. J. Lawthers, and Mr. I. B. Miller, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8043.
    Howard v. Umstead.
    (Decided March 15, 1904.)
    Error to Circuit Court of Stark county.

      Mr. Charles C. Botv, for plaintiff in error.

      Messrs. Taylor S Stewart, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8270.
    The Lake Shore, etc., Railway Co. v. Heider, Admx.
    (Decided March 15, 1904.)
    Error to Circuit Court of Sandusky county.

      Mr. E. D. Potter; Mr. G. G. Dreene and Mr. F. J. 'Jerome, for plaintiff in error.

      Mr. Jesse Vickery, for defendant in error.
   Judgment of tlie circuit court reversed and judgment of the common pleas affirmed.

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


text:
    No. 8354.
    Matthews, City Solicitor, v. The Southern Ohio Traction Co.
    (Decided March 15, 1904.)
    Error to Circuit Court of Montgomery county.

      Mr. E. P. Matthews, city solicitor; Mr. P. G. Burn-ham and Mr. W. D. Cline, assistant solicitors, for plaintiff in error..

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

Davis, Shauok, Price and Crew, JJ., concur.

Summers, J., not sitting.


text:
    No. 8416.
    Marvin v. Trout.
    (Decided March 15, 1904.)
    Error to Circuit Court of Hancock county.

      Mr. G. II. Phelps; Mr. A. Graber; Mr. J. A. Bope and Mr. G. F. Pendleton, for plaintiff in error.

      Messrs. Poe do Poe, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8417.
    Marvin v. Trout.
    (Decided March 15, 1904.)
    Error to Circuit Court of Hancock county.

      Mr. G. F. Pendleton; Mr. G. H. Phelps; Mr. A. Graber and Mr. J. A. Bope, for plaintiff in error.

      Messrs. Poe db Poe, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8422.
    The Pittsburg & Cincinnati Packet Line v. Wall, Admr.
    (Decided March 15, 1904.)
    Error to Circuit Court of Gallia county.
    Mr. if. C. Johnson and B. J. Mauch, for plaintiff in error.
    Mr. B. M. Switzer and Mr. C. W. White, for defendant in error.
   Judgment reversed and cause remanded. Grounds stated in the journal entry.

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


text:
    No. 8455.
    Alexander, Treasurer, v. Kearsley et al., Exrs.
    (Decided March 15, 1904.)
    Error to Circuit Court of Crawford county.

      Messrs. Finley & Gallinger, for plaintiff in error.

      Messrs. Harris & Sears and Mr. S. W. Bennett, for defendants in error.
   Judgment affirmed on grounds stated in journal entry.

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


text:
    No. 8471.
    The German Mutual Insurance Co. v. Gibson. Treasurer.
    (Decided March 15, 1904.)
    Error to the Superior Court of Cincinnati.

      Messrs. Sayler <& Sayler, for plaintiff in error.

      Messrs. Ampt, Ireton, Collins & Schoenle, county solicitors; Mr:E. Barton and Mr. A. B. Benedict, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8560.
    The Morris & Guild Co. v. Touvelle.
    (Decided March 15, 1904.)
    Error to Circuit Court of Guernsey county.

      Mr. Fred L. Bosemond, for plaintiff in error.

      Mr. Boberi T. Scott, for defendant in error.
   Judgment reversed and judgment for plaintiff in error for reason shown in journal entry.

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


text:
    No. 8781.
    The State ex rel. Taylor, Prosecuting Attorney, v. Rockwell et al.
    (Decided March 15, 1904.)
    Error to Circuit Court of Ashtabula county.

      Mr. C. L. Taylor, prosecuting attorney; Mr. Herbert Williams and Mr. W. M. Ampt, for plaintiff in error.

      Mr. Bo W. Galvin; Mr. G. L. Taylor; Messrs.. Ampt, Ireton, Collins $ Schoenle; Mr. J. M. Sheets and Messrs. James M. $ Walter E„ Brown, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8042.
    The Cincinnati Leaf Tobacco Warehouse v. Loudon.
    (Decided March 22, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Galvin & Galvin, for plaintiff in error.

      Mr. William W. Prather, for defendant in error..
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8050.
    Cowley et al. v. Innis et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. Samuel Uambleton, for plaintiffs in error.

      Mr. J. J. Stoddart and Mr. L. H. Innis, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8054.
    Thomas v. McClure & Smyser et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Wayne county.

      Mr. O. W. Aldrich; Mr. John Moore and Mr. A. J. Thomas, for plaintiff in error.

      Messrs’. McClure S Smyser, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8059.
    The State of Ohio v. Berberich.
    (Decided March 22, 1904.)
    Exceptions to the Common Pleas Court of Hamilton county.

      Mr. O. J. Renner, for plaintiff in error.

      Mr. E, M. Ballard, for defendant in error.
   Exceptions sustained on authority of The State v. Ehinger, 67 Ohio St., 51, and The State v. Arata, 69 Ohio St., 211. The sum of $25 is allowed as a fee to Edward M. Ballard, Esq., appointed to argue against the exceptions, to he paid from the treasury of Hamilton county.

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


text:
    No. 8060.
    The State of Ohio v. Sicking.
    (Decided March 22, 1904.)
    Exceptions to the Common Pleas Court of Plamilton county.

      Mr. O. J. Renner, for plaintiff in error.

      Mr. E. M. Ballard, for defendant in error.
   Exceptions sustained on . authority of The State v. Ehinger, 67 Ohio St., 51, and The State v. Arata, 69 Ohio St., 211. The sum of $25 is allowed as a fee to Edward M. Ballard, Esq., appointed to argue against the exceptions, to be paid from the treasury of Hamilton county.

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


text:
    No. 8071.
    Reinhard v. Rector, Trustee.
    (Decided March 22, 1904.)
    Error to Circuit Court of Franklin county.

      Messrs. Abernathy & Folsom and Mr. J. E. Eaten, for plaintiff in error.

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

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

Summers, J., not sitting.


text:
    No. 8072.
    The Eureka Fire, etc., Insurance Co. v. Baldwin.
    (Decided March 22, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Roger M. Lee, for plaintiffs in error.

      Mr. J. F. Herrick and Mr. B. C. Hartshorne, for defendant in error.
   Judgment reversed. Grounds stated in journal entry. .

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


text:
    No. 8079.
    Barrett v. Simons.
    (Decided March. 22, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. E. L. Hy nenian, for plaintiff in error.

      Mr. J. L. Davies, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8084.
    The Zanesville Coal Co. v. Sowers.
    (Decided March 22, 1904.)
    Error to Circuit Court of Perry county.

      Messrs. Donahue & Spencer and Mr. T. D. Price, for plaintiff in error.

      Mr. J. T. Pyle; Mr. H. D. Cochran and Mr. L. A. Tussing, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8085.
    Lehman et al. v. Sibley et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Scioto county.

      Mr. T. C. Anderson, for plaintiffs in error.

      Mr. O. W. Newman and Mr. J. W. Bannon, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8087.
    The Farmers’ Milling, etc., Co. v. The Osborn Bank et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Greene county.

      Mr. B. F. Beinoehl and Mr. J. Johnson, Jr., for plaintiffs in error.

      Mr. B. H. Swadner and Mr. G. C. Shearer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8089.
    The Cincinnati Street Railway Co. v. Wichmann, an Infant, by, etc.
    (Decided March 22, 1904.)
    Error to Circuit Court of Clermont county.

      Messrs. Foraker, Outcalt, Granger & Prior; Messrs. Davis S Woodlief and Messrs. Frasier & Hicks, for plaintiff in error.

      Mr. G. L. Swain; Mr. H. L. Nichols and G. B. Okey, for defendant in error.
   Judgment reversed and cause remanded. Grounds stated in journal entry.

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


text:
    No. 8091.
    Dages, Andrews & Co. v. Grove.
    (Decided March 22, 1904.)
    Error to Circuit Court of Fayette county.

      Mr. T. E. Powell, for plaintiff in error.

      Messrs. Van Deman £ Chaffin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8252.
    Henline v. Jackson, Exrs., et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Hancock county.

      Messrs. Poe £ Poe, for plaintiff in error.

      Messrs. Phelps £ David and Messrs. Blackford £ Blackford, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8272.
    Donogh v. Williams.
    (Decided March 22, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Campbell £ Clendening, for plaintiff in error.

      Mr. D. T. Wright, in sua persona; Mr. N. Wright, in sua persona, and Mr. E. H. Williams, in sua persona, for defendant in error.

      Mr. J. James; Mr. N. Wright and Mr. L. M. Mongan, for T. R. Bradford.
   Judgment affirmed.

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


text:
    No. 8414.
    Shanley v. Espy et al., Commissioners, et al.
    (Decided March 22, 1904.)
    Error to Circuit Court of Champaign county.

      Messrs. West & West and Messrs. Waite & Deaton, for plaintiff in error.

      Mr. F. A. Zimmer; Mr. T. J. Frank and Mr. J. W. Flaugher, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8484.
    The Buckeye Stave Co. v. Smith.
    (Decided March 22, 1904.)
    Error to Circuit Court of Wood county.

      Messrs. Troup & Truesdale, for plaintiff in error.

      Messrs. Baldwin é Harrington, for defendant in error.
   Judgment affirmed. Grounds stated in journal entry.

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


text:
    No. 8587.
    The Portsmouth Street Ry., etc., Co. v. Russell, Admx.
    (Decided March 22, 1904.)
    Error to Circuit Court of Scioto county.

      Mr. T. E. Anderson and Mr. A. T. Holcomb, for plaintiff in error.

      Mr. Noah J. Dever, for defendant in error.
   Judgment vacated and cause remanded to the circuit court with direction to consider the hill of exceptions as to the weight of the evidence.

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


text:
    No. 8599.
    The Pittsburg, etc., Railway Co. v. Brock, Admr.
    (Decided March 22, 1904.)
    Error to Circuit- Court of Tuscarawas county.

      Messrs. Dunbar S Sweeney and Mr. T. D. Healea, for plaintiff in error.

      Mr. T. H. Loller and Mr. D. A. Hollingsworth, for defendant in error.
   Judgment of the circuit court reversed and judgment of the common pleas affirmed.

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


text:
    No. 8634.
    The Cleveland, etc. Railway Co. v. Wenz, Admr.
    (Decided March 22, 1904.)
    Error to Circuit Court of Tuscarawas county.

      Mr. J. M. hessick and Messrs. Healea S Healea, for plaintiff in error.

      Mr. J. A. Hostettler and Messrs. Richards S McCullough, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8086.
    Brown et al. v. Clark, Admr., et al.
    (Decided March 29, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. J. C. Nicholson and Mr. O.. D. Jones, for plaintiffs in error.

      Mr. G. F. Castle, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8097.
    City of Norwalk, Ohio, v. Gilson.
    (Decided March 29, 1904.)
    Error to Circuit Court of Huron county.

      Mr. E. G. Martin and Messrs. G. P. db L. W. Wick-ham, for plaintiff in error.

      Messrs. Andrews $ Andrews, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8100.
    Miller v. Board of Directors et al.
    (Decided March 29, 1904.)
    Error to Circuit Court of Greene county.

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

      Mr. T. L. Magruder and Mr. Marcus Shoup, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8104.
    Halley et al. v. Hengstler et al.
    (Decided March 29, 1904.)
    Error to Circuit Court of Auglaize county.

      Messrs. Winn é Hay and Messrs. Goeke, Hoskins S Musser, for plaintiffs in error.

      Messrs. Stueve & Connaughton, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8281.
    The Cleveland & Marietta Railway Co. v. Bennett.
    (Decided March 29, 1904.)
    Error to Circuit Court of Guernsey county.

      Messrs. Mathews, Heade é Mathews, for plaintiff in error.

      Mr. J. B. Ferguson, for defendant in error.
   Judgment reversed and judgment for plaintiff in error on special findings.

Davis, Shauck, Peice. Ckew and Summers, JJ., concur.


text:
    No. 8295.
    Holcomb et al. v. Daehler.
    (Decided March 29, 1904.)
    Error to Circuit Court of Scioto county.

      Mr. A. T. Holcomb; Mr. D. Livingstone and Mr. E. G. Miller, for plaintiffs in error.

      Messrs. Bannon £ Bannon, for defendant in error.
   Judgment vacated and cause remanded with directions to consider hill of exceptions.

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


text:
    No. 8334.
    Grover v. Grover.
    (Decided March 29, 1904.)
    Error to Circuit Court of Sandusky county.
    ■ Mr. B. Meek and Messrs. Hunt £ DeRan, for plaintiff in error.

      Messrs. Finch S Dewey, for defendant in error.
   Judgment affirmed.

Davis Price and Summers, JJ., concur.


text:
    No. 8373.
    Groves v. Selsor.
    (Decided March 29, 1904.)
    Error to Circuit Court of Fayette county.

      Messrs. Van Deman S Chaffin, for plaintiff in error.

      Mr. H. Jones, for defendant in error.
   Judgment affirmed.

Davis, Shauck and Crew, JJ., concur.

Summers, J., not sitting.


text:
    No. 8380.
    Groves v. Selsor et al.
    (Decided March 29, 1904.)
    Error to Circuit Court of Fayette county.

      Mr. J. N. Van Deman, for plaintiff in error.

      Mr. E. J ones, for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8107,
    The Hinde & Dauch Paper Co. v. Gingery.
    (Decided April 5, 1904.)
    Error to Circuit Court of Allen county.

      Messrs. Wheeler & Bentley, for plaintiff in error.

      Messrs. Richie, Leland $ Roby, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8117.
    Werner v. The City of Cincinnati.
    (Decided April 5, 1904.)
    Error to. Circuit Court of Hamilton county.

      Messrs. Galvin & Bauer, for plaintiff in error..

      Mr. C. J. Hunt and Mr. J. V. Campbell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8120.
    The Village of Huron v. Bartzen.
    (Decided April 5, 1904.)
    Error to Circuit Court of Erie county.

      Mr, J. F. McCrystdl and Mr. John Hay, for plaintiff in error.

      Messrs. Kelly S-Merrill and Mr. L. H. Goodwin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8124.
    Hellwarth v. LeBlond et al.
    (Decided April 5, 1904.)
    Error to Circuit Court of Mercer county.

      Messrs. Marsh S Loree, for plaintiff in error.

      Mr. F. C. LeBlond and Mr. R. B. Landfair, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8127.
    Householder et al. v. Householder et al.
    (Decided April 5, 1904.)
    Error to Circuit Court of Perry county.

      Mr. John Ferguson and Mr. J. E. Powell, for plaintiffs in error.

      Mr. E. D. Cochran; Messrs. Donahue S Spencer and Mr. W. E. Finch, for defendants in error.
   Judgment affirmed.

Davis, Shauck,'Price and Crew, JJ., concur.


text:
    No. 8170.
    The Columbus Hotel Co. v. Saiter.
    (Decided April 5, 1904.)
    Error to Circuit Court of Franklin county. ,

      Mr. T. E. Steele and Mr. D. B. Sharp, for plaintiff m error.

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

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

Summers, J., not sitting.


text:
    No. 8177.
    Rice v. Jakubovsky.
    (Decided April 5, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Mr. James F. Wilson, for plaintiff in error.

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

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


text:
    No. 8178.
    Saunders et al. v. The State of Ohio.
    (Decided April 5, 1904.)
    Error to Circuit Court of Gallia county.

      Mr. B. M. Switzer and Mr. E. D. Davis, for plaintiffs in error.

      Mr. J. H. Thomas, prosecuting attorney, Gallia ■county, and Mr. J. M. Sheets, attorney general, for •defendant in error.

   Judgment affirmed.

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


text:
    No. 8189.
    The Baltimore & Ohio Railroad Co. v. Stewart.
    (Decided April 5, 1904.)
    Error to Circuit Court of Payette county.

      Mr. J. II. Collins and Mr. H. B. Maynard, for plaintiff in error.

      Mr. E. Jones, for defendant in error.
   Judgment reversed and cause remanded. Grounds stated in journal entry.

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

Summers, J., not sitting.


text:
    No. 8200.
    Williams, Trustee, etc., et. al. v. Jones et al.
    (Decided April 5, 1904.)
    Error to Circuit Court of Jackson county.

      Mr. E. C. Powell and Mr. L. T. Williams, for plaintiffs in error.

      Mr. 8. E. White and Mr. J, M. McGillivray, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

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


text:
    No. 8202.
    Halladay et al. v. The State of Ohio, etc.
    (Decided April 5, 1904.)
    Error to. Circuit Court of Erie county.

      Messrs. King S Guerin, for plaintiffs in error.

      Mr. B. II. Williams, for defendant in error.
   Judgment affirmed.

Shauck, Price and Crew, JJ., concur.


text:
    No. 8206.
    The Lima Electric Ry., etc., Co. v. Sherman.
    (Decided April 5, 1904.)
    Error to Circuit Court of Allen county.

      Messrs. Bichie é Richie and Messrs. Gable & Parmenter, for plaintiff in error.

      Messrs. Ridenour S Halfhill, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8273.
    Blakesley, Surviving Admr. v. Shafer, Admx.
    (Decided April 5, 1904.)
    Error to Circuit Court of Hancock county.

      Messrs. Phelps & David and Mr. F. Franks, for plaintiff in error.

      Mr. G. F. Pendleton and Mr. M. G. Shafer, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers JJ., concur.


text:
    No. 8321.
    Adams et al. v. Dollinger et al.
    (Decided April 5, 1904.)
    Error to Circuit Court of Miami county.

      Messrs. Davy & St. John, for plaintiffs in error.

      Mr. J. H. Marlin; Mr. II. H. Williams and Mr. A.. F. Broomhall, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8322.
    Robertson v. The Bank of Piqua.
    (Decided April 5, 1904.)
    Error to Circuit Court of Miami county.

      Mr. A. W. DeWeese and Mr. A. F. Broomhall, for plaintiff in error.

      Messrs. Long & Kyle and Messrs. McMahon S McMahon, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8377.
    In re Assignment of Zartman & Willis et al. v. Doremus.
    (Decided April 5, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. W. T. McClure; Messrs. Crum, Baymund $ Hedges; Mr. J. C. Nicholson and Messrs. Arnold,, Morton & McCoy, for plaintiffs in error.

      Mr. L. L. Rankin and Mr. F. C. Rector, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8721.
    Wade v. The State of Ohio.
    (Decided April 5, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Whitlock & Milroy, for plaintiff in error.

      Mr. W. G. TJlery and Mr. J. 8. Martin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8724.
    Wade v. The State of Ohio.
    (Decided April 5, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Whitlock & Milroy, for plaintiff in error.

      Mr. W. G. TJlery and Mr. J. 8. Martin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8208.
    Cury v. The Grand Lodge A. O. U. W. et al.
    (Decided April 12, 1904.)
    Error to Circuit Court of Jackson county.

      Mr'. E. B. Bingham and Messrs. Kelley & Follett, for plaintiff in error.

      Mr. E. C. Powell, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8216.
    The Anderton Fruit Co. v. The Thacker Fruit Co.
    (Decided April 12, 1904.)
    Error to Circuit Court of Montgomery county.

      Messrs. Wright é Ozias, for plaintiff in error.

      Messrs. Rowe & Shuey, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8220.
    Southard et al. v. Stone.
    (Decided April 12, 1904.)
    Error to Circuit Court of Darke county.

      Mr. G. W. Porter; Mr. 8. V. Hartman and Mr. J. G. O’Donnell, for plaintiffs in error.

      Messrs. Shockney & 8hockney and Messrs. Tee-garden & Harrison, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8226.
    Stalker v. Stalker.
    (Decided April 12, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Hamilton é Kirby .and Mr. H. Van Campen, Jr., for plaintiff in error.

      Messrs. Marshall & Fraser, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8227.
    Lyon et al. v. French et al.
    (Decided April 12, 1904.)
    Error to Circuit Court of Morrow county.

      Messrs. Harlan é Wood, for plaintiffs in error.

      Mr. L. K. Poivell, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8231.
    Kirkbride v. Kirkbride.
    (Decided April 12, 1904.)
    Error to Circuit Court of Hancock county.

      Mr. J. E. Priddy and Messrs. Phelps é David, for plaintiff in error.

      Mr. J. N. Doty; Messrs. Fmefrock & Garver and Mr. E. L. Bogue, for defendant in error.
   Judgment reversed and cause remanded. Grounds stated in journal entry.

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


text:
    No. 8232.
    Howe v. State ex rel. Carlton.
    (Decided April 12, 1904.)
    Error to Circuit Court of Miami county.

      Messrs. Long é Kyle, for plaintiff in error.

      Mr. J. H. Marlin, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8363.
    Woodrow v. Bartles & Co.
    (Decided April 12, 1904.)
    Error to Circuit Court of Jackson county.

      Messrs. McGhee é Willis and Messrs. Hogan, McFarland & Sparks, for plaintiff in error.

      Mr. R. H. Jones; Mr. J. M. McGillivray and Mr. R. L. Grimes, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8387.
    The Commercial National Bank v. Wheeler et al.
    (Decided April 12, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. F. F. D. Albery, for plaintiff in error.

      Messrs. Bargar & Bargar and Mr. J. T. Tlolmes, Jr., for defendants in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8825.
    The City of Cincinnati v. Herrmann et al. Commissioners.
    (Decided April 12, 1904.)
    ' Error to Circuit Court of Hamilton county.

      Mr. G. J. Hunt, city solicitor, for plaintiff in error.

      Mr. J. B. Frenkel and Mr. J. W. Warrington, for defendants in error.
   Judgment affirmed. Grounds stated in journal entry.

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


text:
    No. 8257.
    Metzgar, Guardian, v. Dunlap.
    (Decided April 19, 1904.)
    Error to Circuit Court of Erie county.

      Mr. H. L. Peeke, for plaintiff in error.

      Messrs. King & Guerin, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8285.
    The Mahoning Valley Railway Co. v. Van Alstine, Admr.
    (Decided April 19, 1904.)
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, McVey é Robinson, for plaintiff in error.

      Messrs. Murray & Koonce, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8286.
    Powell v. Gallagher.
    (Decided April 19, 1904.)
    Error to Circuit Court of Mahoning county.

      Messrs. Arrel, McVey & Robinson, for plaintiff in error.

      Messrs. Murray <& Koonce and Mr. McNamara, Jr., for defendant in error.
   Judgment affirmed.

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


text:
    No. 8301.
    Huddleston v. Long.
    (Decided April 19, 1904.)
    Error to Circuit Court of Darke county.

      Mr. 8. V. Hartman and Mr. D. W. Younker, for plaintiff in error.

      Mr. J. M. Hoel and Mr. A. C. Robeson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8320.
    Mann v. Mann et al. Admr., etc.
    (Decided April 19, 1904.)
    Error to Circuit Court of Miami county.

      Messrs. Gottschall S Limbert; Mr. Ira Crawford and Mr. W. 8. McConnaughey, for plaintiff in error.

      Mr. M. K. Gants, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8512.
    The Village of Doylestown et al. v. Cameron et al.
    (Decided April 19, 1904.)
    Error to Circuit Court of Wayne county.

      Mr. F. Taggart; Mr. J. B. Meech and Messrs. Booth, Keating & Peters, for plaintiffs in error.

      Mr. M. L. Smyser, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8665.
    The Cincinnati & Eastern Electric Railway Co. et al. v. Brucker
    (Decided April 19, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Kinkead & Ellis and Mr. W. A. Hicks, for plaintiffs in error.

      Mr. O. K. Jones and Messrs. Goebel $ Bettinger, for defendant in error.
   Judgment affirmed on authority of Pittsburgh Coal Co. v. The Y. & O. Coal Co. et al., 68 Ohio St., 278.

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


text:
    No. 8101.
    State of Ohio v. Purtil.
    (Decided April 26, 1904.)
    Exceptions to the Court of Common Pleas of Lucas county.

      Mr. W. G. TJlery and Mr. J. S. Martin, for plaintiff in error.

      Messrs. Hamilton é Kirby, for defendant in error,'
   Exceptions sustained on authority of Huling v. The State, 17 Ohio St., 583.

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


text:
    No. 8328.
    Sherck v. Knapp, Trustee.
    (Decided April 26, 1904.)
    Error to Circuit Court of Sandusky county..

      Mr. Jesse Vickery, for plaintiff in error.

      Messrs. Pari ¿hurst & Vickery and Messrs. Richards é Heffner, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers. JJ., concur.


text:
    No. 8342.
    Hallett v. Reed.
    (Decided April 26, 1904.)
    Error to Circuit Court of Pulton county.

      Mr. C. G. Handy, for plaintiff in error.

      Mr. G. W. Everett, and Messrs. Troup é Trues-dale, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8487.
    The Treasurer of Hardin County et al. v. Gill.
    (Decided April 26, 1904.)
    Error to Circuit Court of Hardin county.

      Mr. T. G. Mahon and Messrs. Smick S Hodge, for plaintiffs in error.

      Messrs. Stillings & Stillings and Mr. P. M. Crow, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8488.
    The Treasurer of Hardin County et al. v. Pugsley.
    (Decided April 26, 1904.)
    Error to Circuit Court of Hardin county.

      Mr. T. C. Mahon and Messrs. Smick <& Hodge, for plaintiffs in error.

      Messrs. Stillings & Stillings and Mr. P. M. Crow, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8464.
    The Norfolk & Western Railway Co. v Logee et al.
    (Decided April 26, 1904.)
    Error to Circuit Court of Lucas county.

      Mr. E. D. Potter; Mr. A. L. Smith and Mr. J. I. Doran, for plaintiff in error.

      ■ Mr. G. O. Hunter; Messrs. King S Tracy; Mr. O. 8. Brumback and Mr. G. A. Thatcher, for defendants in error.
   Judgment as to plaintiff in error affirmed.

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

Judgment as to defendant in error, Tlie Hocking Railway Co., affirmed.

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


text:
    No. 8489.
    The Treasurer of Hardin County et al. v. Childs.
    (Decided April 26, 1904.)
    Error to Circuit Court of Hardin county.

      Mr. T. G. Mahon and Messrs. Smick & Hodge, for plaintiffs in error.

      Messrs. Stillings & Stillings and Mr. P. M. Croiv, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8492.
    The Baltimore & Ohio Railroad Co. v. Hottman, Admx.
    (Decided April 26, 1904.)
    Error to Circuit Court of Knox county.

      Messrs. Waight & Moore and Mr. J. JL. Collins, for plaintiff in error.

      Mr. C. M. Cist; Mr. F. V. Owen and Mr. E. W.. Cist, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8646.
    The City of Dayton v. Null.
    (Decided April 26, 1904.)
    Error to Circuit Court of Montgomery county.

      Mr. Mathews, city solicitor; Mr. P. G. Burnham- and Mr. W. D. Cline, assistant solicitors, for plaintiff in error.

      Messrs. Sprigg £ Fitzgerald and Messrs. McMahon £ McMahon, for defendant in error.
   Judgment affirmed.

Shauck, Price and Crew, JJ., concur.

Summers, J., not sitting.


text:
    No. 8784.
    The City of Cincinnati v. The Trustees of Cincinnati Southern Railway et al.
    (Decided April 26, 1904.)
    Error to Superior Court of Cincinnati.

      Mr. Charles J. Hunt, city solicitor, and MrGeorge K. Nash, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith $ Hoadly .and Mr. J. R. Sayler, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8823.
    City of Cincinnati v. The Trustees of The Cincinnati Southern Railway et al.
    (Decided April 26, 1904.)
    Error to Superior Court of Cincinnati.

      Mr. Charles J. Hunt, city solicitor, and Mr. George K. Nash, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith é Hoadly and Mr. J. R. Sayler, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8245.
    O’Dell v. Strader et al.
    (Decided May 3, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Shay do Co gam, for plaintiff in error.

      Messrs. Kelley & Hauck, for defendants in error.
   Judgment affirmed.

Speak, C. J., Shauck and Grew, JJ.,' concur.


text:
    No. 8256.
    The City Railway Co. of Dayton et al. v. Enslin.
    (Decided May 3, 1904.)
    Ekror xo Circuit Court of Allen county.

      Messrs. McMahon $ McMahon; Messrs. Motter, Mackenzie & Weadock; Mr. R. D. Marshall; Mr. I. R. Longsworth and Mr. A. McL. Marshall, for plaintiffs in error.
    . Mr. Horace A. Reeve, for defendant in error
   Judgment affirmed.

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

Price, J., not sitting.


text:
    No. 8263.
    The Humphrey Pop Corn Co. v. Johnson.
    (Decided May 3, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Smith & Taft, for plaintiff in error.

      Mr. A. H. Martin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8265.
    Bode, Guardian, etc. v. Ruehrwein et al.
    (Decided May 3, 1904.)
    Error to Circuit Court of Hamilton county.

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

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

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


text:
    No. 8266.
    Bode, Guardian, etc. v. Ruehrwein et al.
    (Decided May 3, 1904.)
    Error to Circuit Court of Hamilton county.

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

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

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


text:
    No. 8274.
    Herter v. Smith.
    (Decided May 3, 1904.)
    Error to Circuit Court of Columbiana county.

      Mr. P. M. Smith and Mr. W. F. Lones, for plaintiff in error.

      Mr. L. G. Moore and Mr. W. S. Potts, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8275.
    Hannum v. McGaffic.
    (Decided May 3, 1904.)
    Error to Circuit Court of Columbiana county.

      Mr. P. M. Smith and Mr. W. F. Lones, for plaintiff in error.

      Mr. L. C. Moore and Mr. J. G. Moore, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8276.
    Richmond v. Kelly.
    (Decided May 3, 1904.)
    Error to Circuit Court of Van Wert county.

      Mr. E. G. Glenn, for plaintiff in error.

      Mr. E. G. Richie, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8277.
    The General Synod of the Evangelical Lutheran Church, etc., et al. v. Culler et al.
    (Decided May 3, 1904.)
    Error to Circuit Court of Ashland county.

      Mr. F. C. Semple; Mr. J. L. Zimmerman and Messrs. Cummings, McBride & Wolfe, for plaintiffs m error.

      Mr. II. D. Culler and Messrs. McGray é McGray, for defendants in error.
   Judgment affirmed. Alleged misconduct of counsel not being properly brought into the record.

Shatjck, Price and Crew, JJ., concur.


text:
    No. 8278.
    The Citizens’ Electric Railway, etc., Co. v. Bell, by His Next Best Friend.
    (Decided May 3, 1904.)
    Error to Circuit Court of Richland county.

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

      Messrs. Douglass & Mengert, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8280.
    McBeth v. Neu.
    (Decided May 3, 1904.)
    Error to Circuit Court of Brown county.

      Mr. R. L. Fite, for plaintiff in error.

      Mr. J. R. Moore, for defendant in error..
   Judgment affirmed.

Davis, Price and Summers. JJ., concur.


text:
    No. 8313.
    Hitchcock v. Hitchcock et al.
    (Decided May 3, 1904.)
    -Error to Circuit Court of Putnam county.

      Messrs. Bailey & Bailey, for plaintiff in error.

      Mr. G. B. Killen and Messrs. Leasure S Potvell, for defendants in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8323.
    Galbreath v. Cooper
    (Decided May 3, 1904.)
    Error to Circuit Court of Brown county.

      Messrs. G. BambOjCh $ Son, for plaintiff in error.

      Mr. J. R. Moore, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8326.
    Bevitt v. Diehl, Exr.
    (Decided May 3, 1904.)
    Error to Circuit Court of Clark county.

      Mr. D. F. Reinoehl, for plaintiff in error.

      Mr. G. S. Dial and Messrs. Eeifer & Eeifer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8327
    Young v. The Springfield Publishing Co.
    (Decided May 3, 1904.)
    Error to Circuit Court of Clark county.

      Mr. D. F. Reinoehl, for plaintiff in error.

      Messrs. Hagan S Eunlcle and Messrs. Bowman & Bowman, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8332.
    Ernst et al v. Reiger et al.
    (Decided May 3, 1904.)
    Error to Circuit Court of Putnam county.

      Messrs. Bailey & Bailey, for plaintiffs in error.

      .Mr. II. A. Reeve and Mr. J. F. Lindemann, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8333.
    Van De Boe, Hager & Co. et al. v. Kundtz
    (Decided May 3, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Smith & Taft, for plaintiffs in error.

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

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


text:
    No. 8339.
    Cornell v. Geesaman.
    (Decided May 3, 1904.)
    Error to Circuit Court of Wayne county.

      Mr. W. F. Kean and Mr. L. D. Cornell, for plaintiff in error.

      Messrs. McClure é Smyser, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8345.
    Steagall v. Daniels.
    (Decided May 3, 1904.)
    Error to Circuit Court of Pike county.

      MrsH¡ J. Dever, for plaintiff in error.

      Messrs. Eylar & Douglas, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8289.
    Herrick et al. Receivers, v. Kinsey.
    (Decided May 10, 1904.)
    Error to Circuit Court of Sandusky county.

      Messrs. C. P. & L. W. Wiclcham and Messrs. Hunt & De Ban, for plaintiffs in error.

      Messrs. Love & Culbert and Messrs. Kinney & <0 ’Farrell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8300.
    The State of Ohio v. Green.
    (Decided May 10, 1904.)
    Error to Circuit Court of Erie county.

      Mr. B. TL. Williams, for plaintiff in error.
    Jfr. Sherman Gulp and Mr. H. L. Peeke, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8310.
    Keller v. Groves.
    (Decided May 10, 1904.)
    Error to Circuit Court of Tuscarawas county.

      Mr. S. Robinson and Mr. F. S. Romig, for plaintiff in error.

      Mr. Lindsay and Mr. Murphy, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8319.
    Bright et al. v. Cronin et al.
    (Decided May 10, 1904.)
    Error to Circuit Court of Monroe county.

      Mr. D. S. Spriggs and Mr. G. G. Jennings, for plaintiffs in error.

      Mr. T. A. Jeffers; Messrs. Uoejfler & Iloefler; Mr. F. W. Ketterer; Mr. A. J. Pearson and Mr. W. E. Mallory, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8340.
    The Chippewa Co. v. Townsend et al.
    (Decided May 10, 1904.)
    Error to Circuit Court of Medina county.

      Messrs. Henderson & Quail and Messrs. Lamson & Heath, for plaintiff in error.

      Messrs. Elliott & Elliott and Mr. A. T. Hills, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8344.
    Schradin v. Schradin.
    (Decided May 10, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. Jerome D. Greed, for plaintiff in error.

      Mr. Louis G. Hummel, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8396.
    The J. Weller Co. v. Gordon et al.
    (Decided May 10, 1904.)
    Error to Circuit Court of Ottawa county.

      Mr. C. H. Graves and Mr. 8. Stahl, for plaintiff in error.

      Mr. W. Gordon and Mr. M. Kelly, for defendants in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8399.
    McCormick v. Dunker et al.
    (Decided May 10, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Cohen é Mach, for plaintiff in error.

      Mr. W. W. Bellew and Mr. Herman Merrell, for defendants in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8400.
    Davidson, Admr. v. Young.
    (Decided May 10, 1904.)
    Error to Circuit Court of Hamilton county.

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

      Mr. Arnold Speiser and Messrs. Schorr & Wesselmann, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8573.
    Heintz et al., Receivers, v. Cameron et al.
    (Decided May 10, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Outcalt & Foraker and Mr. G. W. Baker, for plaintiffs in error

      Mr. J. E. Todd; Mr. W. Gushing; Messrs. Dyer, Williams é Stouffer; Messrs. Ampt, Ireton, Collins & JSchoenle'and Mr. A. B. Benedict, for defendants in error.
   Judgment affirmed.

Shauck, Price and Summers, JJ., concur.


text:
    No. 8347.
    Pennsylvania Co. v. McElroy.
    (Decided May 17, 1904.)
    Error to Circuit Court of Tuscarawas county.

      Messrs. Healea é Healea, for plaintiff in error.

      Mr. E. E. Lindsay, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8350.
    Walker, Trustee, v. The Pabst Brewing Co.
    (Decided May 17, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. E. N. é B. D. Huggins, for plaintiff in error.

      Messrs. Cohen & Mack, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8353.
    Hoskins, Treasurer, v. West et al.
    (Decided May 17, 1904.)
    Error to Circuit Court of Ashtabula county.

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

      Messrs. Parker & Soules, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8413.
    The Peck-Hammond Co. v. Evans.
    (Decided May 17, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Herron, Gatch & Herron and Mr. S. M. Withrow, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith & Hoadly, for defendant in error.
   Judgment of the circuit court reversed and that of the common pleas affirmed.

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


text:
    No. 8282.
    Kessler v. Axtell et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Miami county.

      Messrs. Gilbert, Shipman & Campbell, for plaintiff in error.

      Mr. W. S. Kessler and Mr. H. H. Williams, for defendant in error.
   Judgment affirmed.

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

Spear, C. J., and Summers, J., not sitting.


text:
    No. 8283.
    Buckles v. The Cincinnati, etc., Railway Co.
    (Decided May 24, 1904.)
    Error to Circuit Court of Miami county.

      Mr. W. A. Haines; Mr. J. A. Kerr and Messrs. Gilbert, Shipman & Campbell, for plaintiff in error.

      Mr. R. D. Marshall; Mr. A. McL; Marshall and Mr. A. F. Broomhall, for defendant in error.
   Final judgment for defendant in error.

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

Spear, C. J.. and Summers, J., not sitting.


text:
    No. 8292.
    Kanage, Admx. v. Norris.
    (Decided May 24, 1904.)
    Error to Circuit Court of Richland county.

      Mr. H. T. Manner and Mr. J. P. Seward, for plaintiff in error.-

      Mr. O. M. Farber and Messrs. Donnell & Marriott,, for defendant in error.
   Judgment affirmed.

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

Spear, C. J., not sitting,


text:
    No. 8308.
    Porter v. Clotts et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Franklin county.

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

      Mr. D. Clotts, for defendants in error.
   Judgment affirmed.

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

Spear, C. J., and Summers, J., not sitting.


text:
    No. 8329.
    McArtor v. Williams et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Perry county.

      Messrs. Crossan & Binchley, for plaintiff in error..

      Messrs. Donahue & Spencer, for defendants in error.
   Judgment affirmed.

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

Spear, C. J., not sitting.


text:
    No. 8330.
    McArtor v. Williams et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Perry county.

      Messrs. Crossan S Binchley, for plaintiff in error.

      Messrs. Donahue é Spencer, for defendants in error.
   Judgment affirmed.

Davis, Shauck, Price, Crew and Summers, Jj., concur.

Spear, C. J., not sitting.


text:
    No. 8349.
    Groves et al. v. O’Brien.
    (Decided May 24, 1904.)
    Error to Circuit Court of Fayette county.

      Mr. F. A. Chaffin, for plaintiffs in error.

      Mr. H. H. Sanderson, for defendant in error.,
   Judgment reversed as per journal entry.

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

Spear, C. J., and Summers, . J., not sitting.


text:
    No. 8357.
    Kulueke v. The P. R. Mitchell Co.
    (Decided May 24, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. R. E. Werner and Mr. E. Rehm, for plaintiff in error.

      Mr. E. W. Strong and Mr. H. J enney, for defendant in error.
   Judgment affirmed.

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

Spear, C. J., not sitting.


text:
    No. 8359,
    Linthwaite v. The City of Columbus et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. B. H. Platt; Mr. E. L. Taylor and Mr. J. E. Collins, for plaintiff in error.

      Messrs. Merrich é Williams, for defendants in error.
   Judgment affirmed.

Davis, Shauck and Crew, JJ., concur.

Spear, C. J., and Summers, J., not sitting.


text:
    No. 8360.
    The Travelers’ Insurance Co. of Hartford, Conn. v. Bright.
    (Decided May 24, 1904.)
    Error to Circuit Court of Lucas county, . -

      ■: Messrs: Doyle- £ Lewis and Mr. J. W. Schaufelberger, for plaintiff in error.

      Mr. A. L. Smith; Mr. D. L. Beall and Mr. C. E. Longwell, for defendant in error.
   Judgment affirméd.

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

Spear, C. J., not sitting.


text:
    No. 8364.
    Bratten et al. v. Sewall et al.
    (Decided May 24, 1904.)
    Error to Circuit Court of Williams county.

      Mr. John M. Killits, for plaintiffs in error.

      Messrs. Bowersox £ Starr and G. A. Seiders, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8442.
    Hart v. The Woodland Ave. Savings & Loan Co.
    (Decided May 24, 1904.)
    Error to Circuit Court of Cuyahoga county.

      Mr. James F. Wilson, for plaintiff in error.

      . Mr. J. F. Walsh and Messrs. Squire, Sanders S Dempsey, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8457.
    Novak, by Frank Novak, His Next Friend, v. The American Washboard Co.
    (Decided May 24, 1904.)
    Error to Circuit Court of Cuyahoga county.

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

      Messrs. Ford, Snyder, Henry ós McGraw, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8476.
    The Nicola Brothers Co. v. The Queen City Box Co.
    (Decided May 24, 1904.)
    Error to Superior Court of Cincinnati.

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

      ''Mr. Bonham and Messrs. Coffey, Mallen, Mills & Vorderberg, for defendant in error.
   Judgment affirmed.

Davis, Price and Summers, JJ., concur.


text:
    No. 8191.
    Raymer v. Gendron.
    (Decided June 7, 1904.)
    Error to Circuit Court of Lucas county.

      Mr. O. S. Brumback and Mr. C. A. Thatcher, for plaintiff in error.

      Messrs. Smith & Baker, for defendant in error.
   Former judgment adhered to.

Davis, Crew and Summers, JJ., concur.

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


text:
    No. 8372.
    Brumfield, Treasurer, v. Strong, Exr.
    (Decided June 7, 1904.)
    Error to Circuit Court of Richland county.

      Messrs. Brucker & Cummins, for plaintiff in error.

      Messrs. Jenner £ Weldon, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8376.
    Ellis v. The Board of Education of the Village of Newcomerstown.
    (Decided June 7, 1904.)
    Error to Circuit Court of Tuscarawas county,

      Messrs. Bowers £ Buchanan, for plaintiff in error.

      Mr. E. E. Lindsay and Messrs. Wilkin £ Wilkin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8381.
    Parkinson et al. v. Parkinson et al.
    (Decided June 7, 1904.)
    Error to Circuit Court of Jefferson county.

      Mr. W. S. McCaulsen and Mr. Dio Rogers, for plaintiffs in error.

      Mr. J. A. Kithcart and Mr. D. A. Hollingsworth, for defendants in error.
   Judgment affirmed.

Davis, Price and Crew, JJ., concur.


text:
    No. 8393.
    Wulfekoetter, Jr., Admr. v. Koehnken, Admr.
    (Decided June 7, 1904.)
    Error to Circuit Court of Hamilton county.

      Messrs. Goebel S Bettinger, for plaintiff in error.

      Mr. O. W. Kuhn, for defendant in error.
   Judgment vacated and cause remanded. Grounds stated in journal entry.

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


text:
    No. 8409.
    Teasel et al. v. The West Huron Sporting Club.
    (Decided June 7, 1904.)
    Error to Circuit Court of Erie county.

      Mr. J. F. McCrystál and Mr. G. A. True, for plaintiffs in error.

      Messrs., King & Guerin and Mr. M. Kelly, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8421.
    Slack, Exr. v. Smith et al.
    (Decided June 7, 1904.)
    Error-to Circuit Court of Hancock county..

      Mr, II. F. Burket and Messrs. Brewer, Cook $ Me- ' Gówan, for plaintiff in error.

      Messrs. Blackford $ Blackford, for defendants in' error.
   Judgment reversed and cause remanded. Grounds stated in journal entry.

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


text:
    No. 8567.
    The Trustees of Williamsburg Township v. The State ex rel. Murphy.
    (Decided June 7, 1904.)
    Error to Circuit Court of Clermont county.

      Mr. J. 8. Davidson and Mr. H. L. Britton, for plaintiff in error.

      Mr, G. W. Hulick,-ior defendant in error.
   Judgment affirmed.

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


text:
    No. 4929.
    Doyle v. Baltimore & Ohio Railway Co.
    (Decided June 14, 1904.)
    Error to Circuit Court of Franklin county..

      Messrs. S. N. Owen, for plaintiff in error.

      Mr. J. H. Collins, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


author: Spear, C. J.,

text:
    No. 8180.
    The National Life Insurance Co. v. Hanner, Admr.
    (Decided June 14, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. Doyle S Lewis, for plaintiff in error.

      Messrs. Kinney & Neivton and Mr. G. W. Kinney,. for defendant in
   On rehearing. Former judgment set aside. Judgments of the circuit court and of the common pleas. reversed and judgment for plaintiff in error on undisputed facts.

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

Spear, C. J.,

dissents on the ground that the rendition of judgment for plaintiff in error results in a. denial of the constitutional right of trial by jury. It substitutes the judgment of five men selected to pass, upon questions of law for the judgment of twenty-four men (two juries), selected especially for the determination of questions of fact, supplemented by two judges of the common pleas and of three judges of the circuit court, all of whom are also selected for the duty of determining questions of fact.


text:
    No. 8181.
    The Aetna Life Insurance Co. v. Hanner, Admr.
    (Decided June 14, 1904.)
    Error to Circuit Court of Lucas county.

      Messrs. James, Beverstock £ Donahey and Messrs-James, Millard £ Powell, for plaintiff in error.

      Messrs. Kinney £ Newton and Mr. G. W. Kinneyr for defendant in error.
   On rehearing. Former judgment set aside. Judgments of the circuit court and of the common pleas, reversed and judgment for plaintiff in error on the undisputed facts.

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

Spear, C. J.,

dissents on the ground stated in No~ 8180.


text:
    No. 8294.
    The State of Ohio v. The Cleveland, etc., Railway Co.
    (Decided June 14, 1904.)
    Error to Circuit Court of FranMin county.

      Mr. J. M. Sheets, attorney general, and Mr. S. W. Bennett, for plaintiff in error.

      Mr. J.T. Bye and Mr. W. O. Bayliss, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8324.
    Drake et al. v. The State of Ohio ex rel. Sheets, Attorney General.
    (Decided June 14, 1904.)
    Error to Circuit Court of Union county.

      Mr. W. T. Hoopes; Mr. G. B. Ohey and Mr. E. L. Hyneman, for plaintiffs in error.

      Mr. J. M. Sheets, attorney general, and Mr. J. L. Cameron, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8420.
    Hamblin v. Horton et al.
    (Decided June 14, 1904.)
    Error to Circuit Court of Meigs county.

      Mr. G. E. Peoples and Mr. G. T. Lewis, for plaintiff in error.

      Mr. J. P. Bradbury, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8429.
    The City of Findlay v. The Findlay Home Telephone Co. et al.
    (Decided June 14, 1904.)
    Error to Circuit Court of' Hancock county.

      Mr. Reed Metder, for plaintiff in error.

      Mr. John Poe; Mr. W. L. Gary, Jr., and Messrs. Blandin, Rice S Ginn, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8432.
    Hunt v. Vanniman.
    (Decided June 14, 1904.)
    Error to Circuit Court of Greene county.

      Mr. W. A. Paxson; Mr. C. S. Perkins and Mr. M.. J. Hartley, for plaintiff in error.

      Mr. W. 8. Howard and Mr. M. R. Snodgrass, for defendant in error.
   Judgment affirmed.

Davis, Shauck and Crew, JJ., concur.

Summers, J., not sitting.


text:
    No. 8854.
    The State of Ohio v. Borger.
    (Decided June 14, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. W. H. Ellis, attorney general, and Mr. 8. W.. Bennett, for plaintiff in error.

      Mr. F. A. Davis and Mr. Q. B. Okey, for defendant, in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8916.
    Bach v. Goff.
    (Decided June 14, 1904.)
    Error to Circuit Court of Cuy alio ga county.

      - Messrs. Pinney & Warner, for plaintiff: in error.

      Messrs. Kline, Carr, Tolies é Goff, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8279.
    Harlan et al. v. The Board of Education of Chester Township et al.
    (Decided June 21, 1904.)
    Error to Circuit Court of Clinton county.

      Mr. A. E. Clevenger; Mr. P. Smith and Messrs. Thorpe é Miller, for plaintiffs in error.

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

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


text:
    No. 8389.
    The Hutson Coal Co. v. Barber, Admr.
    (Decided June 21, 1904.)
    Error to Circuit Court of Portage county.

      Mr. T. H. Johnson and Mr. W. J. Beckley, for plaintiff in error..

      Mr. L. F. Hunter and Mr. I. T. Siddall, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8392.
    The C. C. C. & St. L. Railway Co. v. The Incorporated Village of Carey.
    (Decided June 21, 1904.)
    Error to Circuit Court of Wyandot county.

      Mr. L. J. Hackney; Mr. J. T. Dye and Messrs. Carter é Goodrich, for plaintiff in error.
    ' Messrs. Carey & Parker, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8395.
    Huske v. The Board of Commissioners of Jackson County.
    (Decided June 21, 1904.)
    Error to Circuit Court of Jackson county.

      ■ Messrs. Hogan, McFarland & Sparks, for plaintiff in error.

      Mr. A. E. Jacobs, for defendant in error.
   Judgment affirmed.

Shauck, Price and Crew, JJ., concur.


text:
    No. 8401.
    Watkins v. Kittredge.
    (Decided June 21, 1904.)
    Error to Circuit Court of Hamilton county

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

      Mr. D. V. Sutphin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8402.
    Sibson, Admr. v. Williams et al.
    (Decided June 21, 1904.)
    Error to Circuit Court of Trumbull county.

      Mr. E. E. Roberts and Mr. R. Sibson, for plaintiff in erior.

      Messrs. Johnston & Calvin, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8404.
    The Big Vein Coal Co. v. Williams et al.
    (Decided June 21, 1904.)
    Error to Circuit Court of Columbiana county.

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

      Messrs. J. G. Moore é Hays; Messrs.' Potts & Wells and Messrs. Merrick é Williams, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8407.
    Uncapher et al. v. Uncapher, Trustee, et al.
    (Decided June 21, 1904.)
    Error to Circuit Court of Marion county.

      Messrs. J. F. McNeal & Sons, for plaintiffs in error.

      Messrs. Scofield, Durfee é Scofield and Messrs. Crissinger é Guthery, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8656.
    The State ex rel. Crapo, Trustee, v. Parker, Treasurer.
    (Decided June 21, 1904.)
    Error to Circuit Court of Lucas county.

      Mr. G. F. Watts; Mr. H. A. Merrill and Mr. W. H. A. Read, for plaintiff in error.

      Mr. W. G. TJlery and Mr. J. S. Martin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8365.
    The Mortgage Loan Co. v. Ratterman, Admr.
    (Decided June 28, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. George W. Gormany and Messrs. Schwab & Merrill, for plaintiff in error

      Mr. Jerome D. Creed, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8817.
    Loveland v. The State of Ohio.
    (Decided June 28, 1904.)
    Error to Circuit Court of Franklin county.

      Mr. G. II. Bargar and Mr. John J. Chester, for plaintiff in error.

      Mr. E. L. Taylor, Jr., prosecuting attorney;: Messrs. A. T. Seymour, K. T. Webber and W. E.. King, assistant prosecuting attorneys, for defendant in error.
   Judgment affirmed.

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

Summers, J., not sitting.


text:
    No. 8412.
    Whistler v. Cowan et al.
    (Decided June 30, 1904.)
    Error to Circuit Court of Richland county..

      Messrs. Douglas'S Mengert and Mr. Vivan Abernethy, for plaintiff in error.

      Messrs. Cummings, McBride S Wolfe, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8423.
    Duling, Admr. v. Duling et al.
    (Decided June 30, 1904.)
    Error to Circuit Court of Putnam county.

      Mr. George Fritz, for plaintiff in error.

      Mr. J. 8. Ogan, for defendant in error.
   Cause dismissed for non-compliance ■with section one of rule two, the brief of plaintiff in error not containing a copy of the statute-, sought to have construed and a construction of which is necessary to a determination of the case.

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


text:
    No. 8424.
    The Village of Norwood et al. v. Bundy ex rel.
    (Decided June 30, 1904.)
    Error to Circuit Court of Hamilton county.

      Mr. Wm. B. Collins and Mr. Oliver G. Bailey, city solicitor, for plaintiff in error.

      Mr. Clifford Woods and Mr. David Davis, for defendant in error.
   Judgment affirmed.

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


author: Summers, J.

text:
    The State of Ohio ex rel. v. Wyman.

      “Classified list” — In section 149, Revised Statutes — Municipal code — Means register prescribed by section 164, Revised Statutes — Municipal law — Interpretation of.

    By the words “classified list” in section 149 of the municipal code of 1902 (96 O. L., 20), is meant the register prescribed by section 164.
    (No. 8738
    Decided November 1, 1904.)
    Quo Warranto.
    This proceeding was commenced by Hon. John M. Sheets, attorney general, filing a petition in quo tuqrranto by leave of court, to oust the defendant from the office of chief of police of the city of East Liverpool. The petition, so far as it is nécessary to state the same to a proper understanding of the points decided, is, in substance, that the appointment of the defendant to the office of chief of police was in violation of the municipal code of 1902 (96 O. L., 20). It is averred that on May 4, 1903, the date on which the act took effect, there were serving in the police department of said city eight patrolmen and that the police department prior thereto was composed of eight patrolmen and a city marshal, and that there was at that time no office of chief of police in said city, and that seven of said eight patrolmen who were serving in the police department when the act took effect had been ever since and then were serving as such patrolmen, and by virtue of the provisions of said code they then were and ever since had been in the classified list of the classified service of the police department of said city in the rank And capacity of patrolmen, and that when said code took effect the defendant was not a patrolman and was not employed in any manner in the police department of said city; that on July 20, 1903, the city council, by ordinance, determined that the police department of the city should be composed of one chief of police, seven patrolmen and one night policeman, the chief of police being first in rank and pay, the patrolmen being second in rank and pay and the night policeman being the third in rank and pay, and that the police department should be classified accordingly; that the board of public safety of said city met August 20, 1903,- and classified the said offices of the police department as provided by said ordinance, and that on September 1], 1903, said board held an examination of applicants for admission to the classified service of the police department of said city; that defendant was one of such applicants and that he passed said examination and that his name, together with the names of two other candidates, whose names were taken from the register and not from the classified list or from the classified service, were certified to the mayor, and that the defendant was by the said mayor appointed to said office of chief of police of said city. It is also averred in the petition that the defendant was ineligible to such examination and appointment because of solicitation that had been made in his behalf for appointment to such office.
    It is unnecessary to notice the issues made by the answer and reply. The case was referred to a special master to take the testimony and report his findings of fact and conclusions of law. The special master found there was no solicitation on behalf of the defendant and found the other facts, heretofore stated, as averred in the petition; and stated as his conclusions of law that the defendant was ineligible to appointment to such office? for the reason that he was not on the classified list of the police department of said city. The case was submitted upon exception to the finding of the special master with respect to the solicitation, and upon motion to confirm his report subject to this exception.

      Mr. J. M. Sheets; Mr. S. W. Bennett and Mr. George E. Davidson, for relator.
    Can there be any doubt what the classified service is? It is the officers provided for by council as classified by the board.of public safety in compliance with this ordinance. One occupying one of these offices should be in the classified service. A list of such offices and those serving in them would be a list of the classified service — the classified list. The chief must be appointed from one of the offices in the classified list. We have seen that Wyman never was an incumbent of an office in the classified list. He was not such incumbent by reason of having been appointed temporary chief, for the reason that the board of public safety could only classify the offices that council would provide for by ordinance, and the ordinance did not provide for the office of temporary chief.
    Not being in the police department on May 4, 1903, and not having passed an examination, the fact that he held the office of temporary chief did not and could not place him in the classified list. State v. Stroble, 25 O. C. C., 762.
    The classification made by the board of public safety was:
    1. Temporary chief, John W. Wyman.
    2. Patrolmen (here follow their names).
    3. Night watchman (vacant).
    The fact that they classified the office of temporary chief did not cause him to be on the classified list when they had no power to so classify.
    Defendant seems to endeavor to argue that the provision in section 165 that the board shall by its rules “provide in all cases-where it is practicable that vacancies shall be filled by promotion,” would have some effect in the construction of the provision in section 149 that the chief shall be appointed from the classified list; but section 149 is special, applying only to the office of chief. Section 165 is general, applying to all of the offices in the. department. If it should be construed to mean that he should be appointed from the classified list if it would be practicable, then the office of chief would be in the same position as all other offices in the départment which must be filled by promotion if practicable.
    It is claimed by the defendant that the classified list is the register mentioned in section 164. If by the register was meant.the classified list it would have been designated in the section as classified list, instead of a register; the register mentioned in section 164 is merely a register of persons who are eligible to appointment in the classified service. In order to get in the classified service they must pass an examination, and if found eligible on examina^ tion, their names are placed in the register, and the next step is to be appointed to a position in the classified list. Section 162 provides that all applicants for office or places of appointment in the classified service shall be subject to examination, and then from the result of the examination the board shall, prepare a register, etc., of those eligible. Placing these names on the register does not place them in the classified service. They must be appointed to the classified service from that.
    Section 149 providing that the chief must be appointed from the classified list is special and applies to the office of the chief of police. Section 164 is general and applies to all the offices in the department.
    If the classified list mentioned in section 149 is the same as the register mentioned in section 164, then that provision in section 149 is superfluous and of no force whatever. There was no necessity for that provision, if counsel are' right that the classified list is the register mentioned in section 164. The register applies to all offices. It would apply to the office of chief as well as to any other office, and' what then would be the necessity of providing specially that the chief should be on the register, when all offices must be on the register. As. said by the commissioner, “We have a right to presume that the provision in section 149 was adopted for a purpose and-is not meaningless. ’ ’

      If the register means the classified list then all positions in the classified service must necessarily be filled from the classified list, and then the special provision that the chief must be appointed from the classified list is nugatory, meaningless and useless.
    The object of the law was that the office of chief of police should be filled from those who had seen service, and in order to have the experience they must have been before appointment as chief on the classified list and in the classified, service. With the conditions that might arise from enforcing section 149 by appointing the chief only from the classified list the courts have frothing to do. Its duty is to enforce the law as it is. No such conditions have arisen in this case, and it is not likely ever to arise, because at the time the law was adopted there were patrolmen serving in all the cities, and it was the object of the law to promote one of those to the office of chief, and there would be no difficulty anywhere in promoting one of them to the office of chief. The plan of the code relating to the police department is promotion by merit. If the question of promotion should be left to the discretion of a political board, favorites of the board would be placed in the high office of chief, whether they had been in the service before or not.
    It would be very easy for them to exercise their discretion by saying that it was not practicable to promote one of the under officers .to fill the vacancy, and to avoid this evasion of the merit system, it was positively enacted in the code by section 149. that they must fill the office of chief when there is a vacancy by promoting some one from the lower rank.
    For the reason that Mr. Wyman was not on the classified list, he was ineligible to appointment and should be ousted out, and it is immaterial whether the other grounds stated in the petition are well taken or not. The commissioner found as a fact that he was not on the classified list. The facts stated in the petition and admitted in the answer show that he was not on the classified list.
    The commissioner found as a fact that it was practicable to promote one of the patrolmen to the office of chief of police; that the board of public safety never as a board found or decided that it was not practicable to promote from the lower rank to the office of chief, and that their action in certifying Mr. Wyman for appointment was an abuse of their powers, and that in not appointing one of the patrolmen chief of police they violated the merit system. It makes no difference whether it was practicable to promote the patrolmen to the office of chief or not, for Mr. Wyman was not on the classified list and for that reason he was clearly ineligible, even though it was not practicable to promote the patrolmen to the office of chief of police.

      Messrs. Brookes & Thompson and Messrs. Billingsley, Clark £ DeFord, for defendant, presented no brief, but Mr. Billingsley argued orally in behalf of defendant.
   Summers, J.

It is provided, by section 151 of the municipal code of 1902, that the police and fire departments in every city shall be maintained upon the merit system, as provided in this act; and by section 149 it is provided that the police department of each city shall be composed of a chief of police and such inspectors, captains, lieutenants, sergeants, corporals, detectives, patrolmen, and other police court officers, station house keepers, drivers, and substitutes as shall have been provided by ordinance or .resolution of council, and that the chief of police shall be appointed from the classified list of such department. Section 153 provides that the directors of public safety shall classify the service in the police and fire departments in conformity with the ordinance of council determining the number of persons to be employed therein, and shall make all rules for the regulation and discipline of such departments and for the qualification and examination of all appointees thereunder; and section 156 provides that, the board of public safety shall enforce and administer the merit system as provided in this act. Section 158 provides that the board of public safety shall within thirty days after the organization of such board, classify all offices and places of appointment and employment in each city in the department of public safety, with reference to the examinations hereinafter provided for. The offices, employment and places so classified by the said board of public safety shall constitute. the classified service of the department of said city, and no ■ appointments to such places shall be made except under and according to the rules hereinafter mentioned. Immediately upon the classification of such department, such board shall furnish'to the mayor a list of all offices, employment and places in any way connected with such department within said classified service, with the names of the incumbents, their compensation and the nature of their duties; and said board shall from time to time promptly furnish to the said mayor in writing at Ms request all other information desired' hy him for the proper fulfillment of his duties. Section 162 provides for the examination of all applicants for offices or places of employment in such classified service; and section 164 is as- follows: “From the results of the examinations made-by said board, said board shall prepare, a register, for each grade or class of positions in the classified service of such city, of the names of the persons whose general average standing upon such examination for such grade is not less than the minimum fixed by the-rules of said board and where otherwise eligible; and such persons shall take rank upon the register as candidates, in the order of their relative, examinations, as determined by examination, without reference to priority of the time of examination.” Section 165 provides that the board shall, by its rules,, provide for promotions in the classified service, on the basis of ascertained merit, and seniority in service, and on examination, and shall provide in all cases where it is practicable, that vacancies shall be-filled by promotion. Section 166 provides that the mayor shall notify said board of any vacancy which may exist in the classified department of such city,, and said board shall certify to said mayor the names and addresses of the three candidates standing highest upon the register, for the class or grade to which said position belongs. The mayor shall notify said commission of each position to be filled, separately, and the mayor shall fill such place by appointment, of one of the persons certified to him by said board;, and section 167 provides that no officer, secretary,, clerk, sergeant, patrolman, fireman or other employe serving in the police or fire departments of any city of the state at the' time this act goes into -effect shall be removed or reduced iu rank or pay except, in accordance with the provisions of this act. .

It seems to have been the purpose of the legislature in the enactment of the code, so far as possible, to provide that officers and employes in the police and fire departments, in office when the new code went into effect, should not be disturbed in their office or employment, and that thereafter these departments should be under the so-called merit system, and that appointments thereto could be made only in the manner provided by the code. But it was not the intention of the legislature that appointments to any vacancies that might exist in any of the offices or employments in the classified service could be made only from the list of incumbents of offices and employments in the classified service. It is not difficult to understand why the legislature, in adopting the merit system, should provide that those already in office might remain without examination, but it does not appear why it also should be provided that a vacancy in the highest office could be filled only from their number. These provisions of the new code are taken, in substance, from the so-called Pugh-Kibler code, a code that was prepared by a •commission appointed by the governor under authority from the general assembly, but which code was not adopted, and it is apparent from the provisions of that code that the merit system commissioners therein provided for were required to prepare from the returns or reports of the examiners, or from the examinations, made by the commission, a register for each grade or class of positions in the classified service of each city, and in case of a vacancy in any office or employment in the classified service the commission was to certify to the appointing officer the name of the candidate standing highest upon the register for the class or grade to which the position belonged and the appointing officer was required to fill the place by the appointment of the person so •certified. The code provision is substantially the same, it is that the names of the three candidates •standing highest upon the register are to be certified and the mayor is required to fill the place by appointment of one of the three. The only ground for the •contention that the appointment must be made from the persons already in office is the provision in section 158, that immediately upon the classification of such department, such board shall furnish to . the mayor a list of all offices, employment and places in any way connected with such department within said classified service, with the names of the incumbents, their •compensation and the nature of their duties, and the provision in section 149, that the chief of police shall be appointed from the classified list of such department. This provision does not support the contention. The provision of section 158 is not that the names of the incumbents shall comprise a classified list, but that the board shall furnish the mayor a list of the offices and employments within the classified service, and then in order that the persons in office or •employment in these departments at the time the new code went into effect may not be disturbed, it is further provided that the board shall accompany the list with the names of the incumbents; and the reason for the provision in section 149, that the chief •of police shall be appointed from the classified list •of such department, is that there may not be any doubt of the legislative intent that that office also «hall be under the merit system, and that appointees thereto, other than those in office at the time the code takes effect, shall be required to be selected by examination. That section provides that the police department shall be composed of a chief of police and such other officers as may be provided by ordinance of council, and it well might be contended that it was not necessary for council to provide by ordinance for. the office of chief of police, that such office was provided for by the statute itself, and that, therefore, that office would not necessarily come under the merit system. It is evident that the classified list referred to in section 149 is the register provided for by section 164. This conclusion finds support also in the wording of sections 148 and 150. Those sections provide that in case of riot, or other like emergency, the mayor shall have power to appoint, for temporary service, in the police and fire departments, respectively, additional patrolmen and firemen, who need not be in the classified list of such department. The. classified list evidently being the registry of those who had taken the examination, for it would be' absurd to provide that in an emergency the mayor should not be restricted in his appointments to those already in service.

The petition is dismissed.

Spear, C. J., Davis, Shapck, Price and Crew, Jj., concur.