author: Shauck, C. J.

text:
    The State ex rel. Milner v. Jones, as Secretary Republican Convention, etc.

      Conduct of elections — Certificate of nomination — Sections 2966-18 to 2966-28, Revised Statutes — One acting as secretary of rival conventions may he compelled hy mandamus — To execute certificates of nomination made hy each, convention — Duties ■ of election hoard — Jurisdiction of court as to questions of nomination.

    1. Within the meaning of section 2966-18, Revised Statutes, the ■chairman and secretary of a nominating convention are the “proper officers” to execute certificates of nominations made by such convention.
    2. A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may present their claims for determination by the election board named in section 2966-23, Revised Statutes.
    3. Upon an application of this character the court will consider only questions relating to the relator’s right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board.
    (No. 10156
    Decided June 29, 1906.)
    In Mandamus.

      Mr. Harry W. Miller and Mr. Noah J. Dever, for relator.

      Mr. A. R. Johnson; Mr. 8. L. Patterson; Mr. R. U. Wilson and Mr. George M. 0shorn, for defendants.
   Shauck, C. J.

On the thirty-first day of May, 1906, the republicans of the judicial subdivision named in the above title, which is composed' of the counties of Adams, Lawrence, Jackson and Scioto, held two delegate conventions in the court house in the city of Portsmouth for the purpose of nominating two candidates for judge of the court of common, pleas. • The two conventions, though held upon the same day, were not so precisely synchronized as to prevent the defendant’s acting as secretary of both conventions. The convention which acted first in point of time, by the usual modes of parliamentary proceeding, declared the relator nominated as one of said candidates. The other convention declared in his stead the nomination of Edward C.. Corns. The pleadings and briefs invite us to the consideration of many questions which under the. statutes regulating the subject are not now to be considered by us, but under section 2966-23 of the Revised Statutes are to be considered and determined by the board of election officers designated in that section. Since those facts are not to be considered by us, it will not be helpful to state them;' It 'may be conceded that they involve questions upon which the validity of the nomination depends and whose decision must determine which of the rival candidates is entitled to a place upon the blanket ballot for the election next November.

The suit of the relator is to compel the defendant to sign a certificate of the action of the convention which declared his nomination. This to the end that he may have a standing before the election officers designated in the section referred to in order that'they may determine in the exercise of the power conferred upon them by that section which ■of the two candidates was nominated. We consider none of the facts which counsel present for our consideration except those which are involved in the relator’s right to that standing. Those facts are: first, that the statute enjoins the duty of making the •certificate upon the proper officers of the convention without designating who they are and, second, that the defendant, having already given a certificate of the nomination of Mr. Corns by the second convention, is now functus officio.

As to the first of these objections, it seems to be sufficient to say that the defendant regarded himself as the proper officer of the second convention so as to be bound under the statute to make the certificate of the nomination of the candidate in whose favor it declared. His conclusion in that regard rests upon so much reason that we do not doubt it is broad enough to cover his relation to the first convention. As to the second fact alleged, whatever there may be of personal inconsistency in the attitude in which the defendant has permitted himself to be placed by acting as secretary of the two rival conventions, there is no official incompatibility between his action in certifying that one convention nominated' Mr. Corns and his proposed certificate that the other convention nominated the relator. The determination of the question which of these rival candidates was really nominated is not now for this court, and certainly it is not and never was for the defendant to determine. The writ sought will have no other effect than to place the relator in his proper attitude before the election officers named in the section of the statute referred to, without any decision or intimation from this court upon any question which will be involved in the determination of the question which of the two candidates was in fact and in law nominated.

The writ will be allowed.

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


source: Caselaw Access Project

license: Public Domain

text:
    No. 9427.
    Waddle, Exr. v. McCune, Admr.
    (Decided February 13, 1906.)
    Error to Circuit Court of Jefferson county.

      Mr. E. E. Ershine and Mr. J. W. Jordan, for plaintiff in error.

      Mr. Wilbur L. Medill and Mr. A. G. Lewis, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9430.
    Ellis v. Behymer.
    (Decided February 13, 1906.)
    Error to Circuit Court of' Hamilton county.

      Mr. II. E. Englehardt, for plaintiff in error.

      Messrs. Wilson & DeWitt and Mr. Wm. M. Tug-man, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9532.
    Hawkins, Admx. v. The Lake Shore & Michigan Southern Railway Co.
    (Decided February 13, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Charles W. Dille; Mr. E. Jay Pinney and Mr.. Conway W. Noble, for plaintiff in error.

      Messrs. Brewer, Cook S'McGowan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8985.
    Hazen et al., Partners, v. Keck et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. O’Hara & Jordan, for plaintiffs in error..

      Messrs. Jones & James and Mr. G. B. Groesbeck, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

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


text:
    No. 8996.
    Alkire v. Alkire et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Madison county.

      Mr. John B. Tanner and Mr. John Logan, for plaintiff in error.

      Messrs. McCloud & Converse and Messrs. Abernethy é Folsom, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 8999.
    Rooks v. Cheeseman et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Richland county.

      Mr. F. D. Gunsaullus and Messrs. Donnell & Marriott, for plaintiff in error.

      Mr. W. 8. Kerr and Messrs. Bricker & Workman, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9328.
    The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Bost.
    (Decided February 20, 1906.)
    Error to Circuit Court of Clark county.

      Messrs. Bowman & Bowman, for plaintiff in error.

      Mr. John L. Zimmerman and Mr. W. W. Witmeyer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9401.
    The Portsmouth Street Railroad & Light Co. v. Russell, Admx.
    (Decided February 20, 1906.)
    Error to Circuit Court of Scioto county.

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

      Mr. Noah J. Dever, for defendant in error.
   Judgment modified by deducting $105.00, and affirmed as modified. '

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


text:
    No. 9423.
    Brown v. Ricketts.
    (Decided February 20, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. W. A. Hicks, for plaintiff in error.

      Mr. Theo. Horstman and Mr. George H. Kattenhorn, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9432.
    The Brooks Company v. Tolman.
    (Decided February 20, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Arnold Green, for plaintiff in error.

      Mr. Wm. E. Patterson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9437.
    Wellsburg-Brilliant Bridge & Ferry Co. v. McIntyre et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Jefferson county.

      Mr. J. W. Jordan; Mr. E. E. Érskine and Mr. Dio Rogers, for plaintiff in error.

      Mr. W. R. Alban and Mr. John A. Huston, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9438.
    Amor v. Peck.
    (Decided February 20, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. J. N. Amor and Mr. E. J. Pinney, for plaintiff in error.

      Messrs. Foster, Foster $ Howells, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9451.
    Brooks et al. v. Spencer, Treasurer.
    (Decided February 20, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Smith, Taft S Arter, for plaintiffs in error.

      Messrs. Stage, Armstrong & Cannon, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9452.
    The Bankers’ Fraternal Union v. The Williamson Company.
    (Decided February 20, 1906.)

      Error to Circuit Court of Cuyahoga county.

      Mr. George B. McKay and Messrs. Hills & Van Derveer, for plaintiff in error.

      Messrs. Ford <§> Snyder, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9457.
    The Cleveland Store Fixture Company v. Jules Vautrot, Jr., et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Trumbull county.

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

      Mr. Charles Fillius and Mr. W. A. Spill, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9459.
    Fullerton et al. v. Thompson et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Washington county.

      Messrs. Ellenwood, Smith & Leeper, for plaintiffs in error.

      Mr. Wm. II. Sheldon, prosecuting attorney, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9462.
    Baker v. Connor.
    (Decided February 20, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. Shay £ Gogan, for plaintiff in error.

      Messrs. Closs £ Luebbert, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9467.
    Carlisle et al., County Commissioners, v. The State ex rel. Sherman.
    (Decided February 20, 1906.)
    Error to Circuit Court of Franklin county.

      Messrs. Seymour, Webber £ King, prosecuting attorneys, for plaintiffs in error. Messrs. Butler £ Keating, amici curiae.

      Mr.- William J. Ford and Mr. S. G. Osborn, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9476.
    Crawford et al. v. Lawrence Distel et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. O. C. Pinney, for plaintiffs in error.

      Messrs. Beavis & Johnson, for. defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9478.
    Bibler v. Kory.
    (Decided February 20, 1906.)
    ' Error to Circuit Court of Hancock county.

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

      Messrs. Ross & Kinder and Mr. M. G. Foster, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9480.
    Morningstar et al. v. Niven, Trustee.
    (Decided February 20, 1906.)
    Error to Circuit Court of Champaign county.

      Mr. M. G. Bell, for plaintiffs in error.

      Mr. A. Jay Miller, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9481.
    The Prudential Insurance Company of America v. Muller.
    (Decided February 20, 1906.)
    Error to Circuit Court of Hamilton county.

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

      Messrs. Bates S Meyer, for defendant in error.
   ■Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9482.
    The City of Canton v. Studer.
    (Decided February 20, 1906.)
    Error to Circuit Court of Starlc county.

      Mr. Denver G. Hughes, city solicitor, for plaintiff in error.

      Mr. W-. O. Werntz,-for defendant in error.
   Judgment affirmed.

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


text:
    No. 9539.
    Scott et al. v. The City of Toledo et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. A. T. Goorley, for plaintiffs in error.

      Mr. U. G. Denman, city solicitor, and Mr. Frank G. Crane, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9554.
    Zacharias et al., County Commissioners, et al. v. Shields et al.
    (Decided February 20, 1906.)
    Error to Circuit Court of Darke county.

      Mr. M. B. Trainor, for plaintiffs in error.

      Mr. John C. Clark and Messrs. Robeson & Yount, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8834.
    The Methodist Episcopal Church of Cincinnati v. Gamble.
    (Decided February 27, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. W. G. Roberts and Mr. David Davis, for plaintiff in error.

      Messrs. Gordon & Granger and Messrs. Robertson c& Buchwalter, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9384.
    Smith v. The Board of County Commissioners of Williams County.
    (Decided February 27, 1906.)
    Error to Circuit Court of Williams county.

      Mr. L. E. Griffin and Mr. Chauncey L. Newcomer, for plaintiff in error.

      Mr. Edward- Gaudern and Mr. Charles A. Bowersox, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9485.
    Millikin v. The First National Bank of Hamilton et al.
    (Decided February 27, 1906.)
    Error to Circuit Court of Butler county.
    . Messrs. Andrews, Harlan & Andrews, for plaintiff in error.

      Mr. Samuel D. Fitton, Jr., and Messrs. Shotts & MilliTcin, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9488.
    Ferrell et al. v. Ford.
    (Decided February 27, 1906.)
    Error to Circuit Court of Athens county.

      Messrs. Jewett & Wood, for plaintiffs in error.

      Messrs. Lewis & Sayre, for defendant- in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9489.
    Lamentia v. The City of Columbus.
    (Decided February 27, 1906.)
    Error to Circuit Court of Franklin county.

      Mr. M. B. Earnhart, for plaintiff in error.

      Mr. George S. Marshall and Mr. Charles E. Carter, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9498.
    Enderes et al., Exrs. v. Marshall.
    (Decided February 27, 1906.)
    Error, to Superior Court of Cincinnati.
    • Mr. Aaron E. Moore and Mr. Frank M. Cottle, for plaintiffs in error.

      Mr. Charles B. Wilby, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9501.
    Bruns v. Horn et al., Partners.
    (Decided February 27, 1906.)
    Error to Circuit Court of Henry county.

      Mr. H. R. Bittmer, for plaintiff in'error.

      Messrs. Bonovan '& Warden, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9502.
    The M. I. Wilcox Co. v. Krayer.
    (Decided February 27, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Chittenden & Chittenden and Messrs. Smith S Baker, for plaintiff in error. ■.

      Mr. Joseph P. Hanley and Mr. O. S. Brumbacky for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9505.
    The County Auditor of Hardin County et al. v. Rumbaugh et al.
    (Decided February 27, 1906.)
    Error to Circuit Court of Hárdin'county.

      Messrs. Johnson & Johnson and Mr. Hamilton E. Hoge, for plaintiffs in error. .......

      Mr. F. C. Dougherty and Mr.. J. B. Stillings,- for defendants in error.
   Judgment affirmed.

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


text:
    No. 9506.
    The Excelsior Iron Works Co. et al. v. Upstill et al.
    (Decided February 27, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hammond & White, for plaintiffs in error.

      Messrs. McKisson, Minshall £ Curtis, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9509.
    Morgan et al. v. Wakelin et al.
    (Decided February 27, 1906.)
    Error to’ Circuit Court of Cuyahoga county.

      Mr. E. Sowers, for plaintiffs in error.

      Messrs. Blandin, Bice £ Ginn, for defendants in ■error.
   Judgment affirmed.

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


text:
    No. 9513.
    Barry v. Work et al.
    (Decided February 27, 1906.)
    Error to Circuit Court of Morgan county.

      Mr. L. W. Ellenwood and Messrs. Barry £ Finley, for plaintiff in error.

      Messrs. Ivers £ Danford', for defendants in error.
   Judgment affirmed.

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


text:
    No. 9569.
    Creed v. Brigel et al.
    (Decided February 27, 1906.)
    Error to Superior Court of Cincinnati.

      Mr. Laivrence Maxwell, Jr., for plaintiff in error.

      Mr., Willard B. Stier, for defendants in error.
   Judgment of general term reversed and that of special term affirmed.

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


text:
    No. 9570.
    Creed v. Brigel et al.
    (Decided February 27, 1906.)
    Error to Superior Court of Cincinnati.

      Mr. Lawrence Maxwell, Jr., for plaintiff in error.

      Mr. Willard B. Stier, for defendants in error.
   Judgment of general term reversed and that of special term affirmed.

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


text:
    No. 9632.
    The State ex rel. Hayes v. Parker, Treas., et al.
    (Decided February 27, 1906.)
    Error to Circuit Court of Lucas county.

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

      Messrs. Ulery, Martin & Webster, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9746.
    Wilhelm v. Baum.
    (Decided February 27, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Swayne, Hayes, Fuller & Tyler, for plaintiff in error.

      Mr. Charles K. Friedman and Messrs. Marshall <& Fraser, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 8945.
    The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Herzog et al., Exrs.
    (Decided March 6, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Maomell & Ramsey, for plaintiff in error.

      Messrs. Coffey, Mallon, Mills £ Vordenberg and Messrs. Cabell £ Freiberg, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9003.
    Bode v. Werner, Admx.
    .(Decided March 6, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Albert W. Bettinger, for plaintiff in error.

      Mr. W. A. Hicks and Mr. George W. Hengst, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9412.
    Schatzinger v. The Darlington Brick & Mining Co. et al.
    .(Decided March 6, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Paul G. Kassulker, for plaintiff in error.

      Messrs. Weed, Miller £ Nason and Messrs. Carpenter, Young £ Stocker, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9413.
    Schatzinger v. The Darlington Brick & Mining Co. et al.
    (Decided March 6, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Paul G. Kassulker, for plaintiff in error.

      Messrs. Weed, Miller .& Nason and Messrs. Carpenter, Young é Stocker, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9534.
    The Newport & Cincinnati Bridge Co. v. Jutte et al., Partners.
    (Decided March 6, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Robert Ramsey; Mr. W. W. Ramsey and Messrs. Maxwell & Ramsey, for plaintiff in error.

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

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


text:
    No. 9721.
    Wolf v. The City of Cleveland.
    (Decided March 6, 1906.)

      Error to Circuit Court of Cuyahoga county.

      Mr. Hermann Preusser, for plaintiff in error.

      Mr. Newton D. Baker, solicitor; Mr. Charles J. Estep and Mr. Harry F. Payer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8853.
    Wagner, on Behalf, etc. v. The Board of Education of the Township of Auglaize, Paulding County.
    (Decided March 13, 1906.)
    Error to Circuit Court of Paulding county.

      Messrs. Winn £ Hay and Messrs. Spriggs £ Spriggs, for plaintiff in error.

      Mr. John W. Zuber, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8871.
    The Pennslyvania Company v. Ellsworth.
    (Decided March 13, 1906.)
    Error to Circuit Court of Crawford county.

      Messrs. Wheeler £ Bentley, for plaintiff in error.

      Mr. T. E. Powell and Mr. J. W. Coulter, for defendant in error.
   Judgment affirmed.

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

Crew, J., dissents.


text:
    No. 8879.
    Huff v. The Pennsylvania Company.
    (Decided March 13, 1906.)
    Error to Circuit Court of Guernsey county.

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

      Messrs. Mathews <& Mathetvs, for defendant in error.
   Judgment affirmed.

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


text:
    No. 8938.
    The Peoples Railway Co. v. Eldridge, Admr.
    (Decided March 13, 1906.)
    Error to Circuit Court of Montgomery county.

      Messrs. McMahon & McMahon, for plaintiff in error.

      Messrs. Young & Young and Mr. R. G. Gonvim, for defendant in error.
   Judgment affirmed.

Price, Crew and Spear, JJ., concur.


text:
    No. 8976.
    Carlin v. The City of Findlay.
    (Decided March 13, 1906.)
    Error to Circuit Court of Hancock county.

      Messrs. J. A. é E. V. Bo'pe, for plaintiff in error.

      Mr. Thomas W. Long, solicitor, and Mr. A. Black-ford, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9016.
    Pete v. The Woodmen of the World.
    (Decided March 13, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. Harvey Scribner and Mr. Ashton H. Goldham, for plaintiff in error.

      Mr. Lloyd T. Williams; Carper W. Neilson and Messrs. Brome & Burnett, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9031.
    The Manhattan Restaurant Co. v. The H. S. Pogue Co.
    (Decided March 13, 1906.)
    Error to Circuit Court of Hamilton county.

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

      Mr. Otis TI. Fish, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9032.
    The Fraternal Mystic Circle et al. v. McMurray et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Wayne county.

      Mr. G. J. Marriott and Mr. John McSweeney, for plaintiffs in error.

      Mr. H. B. Swartz and Mr. Mahlon Bouch, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9040.
    McCabe v. Jaberg et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Thomas Bentham; Mr. W. W. Symmes; Messrs. Harrison & Aston; Mr. W. J. Overbeck and Mr. Raymond Ratliff, for plaintiff in error.

      Messrs. Gordon .& Granger; Messrs. Kelley é Hauck and Messrs. Kramer é Kramer, for defendants in error.
   Judgment affirmed, the questions argued not being presented by the printed record.

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


text:
    No. 9095.
    The State ex rel. Thrailkill v. Amlin et al., County Commissioners, et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Franklin county.

      Mr. M; B. Earnhart and Mr. M. E: Thrailkill, for plaintiff in error.

      Mr. E. L. Taylor, Jr., prosecuting attorney; Mr. A. T. Seymour; Mr. Karl T. Webber and Mr. Wilbur E. King, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9097.
    Cilley et al. v. Yates, Guardian, et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Hamilton county.

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

      Messrs. Bromwell & Bruce and Messrs. Harper & Allen, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9100.
    The Baltimore & Ohio Railroad Co. v. Hollenberger.
    (Decided March 13, 1906.)
    Error to Circuit Court of Seneca county.

      Messrs. McCauley & Weller, for plaintiff in error.

      Mr. Willis Bacon, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9101.
    The Baltimore & Ohio Railroad Co. v. Arndt.
    (Decided March 13, 1906.)
    Error to Circuit Court of Seneca county.

      Messrs. McCauley & Weller, for plaintiff in error.

      Mr. Willis Bacon, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9514.
    Linney v. MacGregor et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Summit county.

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

      Mr. John MacGregor, Jr., and Messrs. Stuart & Stuart, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9517.
    The City of Mansfield v. The Mansfield Railway, Light & Power Co.
    (Decided March 13, 1906.)
    Error to Circuit Court of Richland county.

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

      Messrs. Cummings, McBride é Wolfe, for defendant in error.
   Judgment reversed and judgment for plaintiff in •error. '

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


text:
    No. 9524.
    Meek et al. v. Duffy et al.
    (Decided March 13, 1906.)
    Error to Circuit Court' of Geauga county.

      Mr. E. E. Moyer, for plaintiffs in error.

      Mr. W. G. King; Mr. Clark H. Nye and Mr. E. E. Moyer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9541.
    Vonderheide v. Biehl et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Hamilton county.

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

      Messrs. Spangenberg ■& Spang'enberg and Mr. John J. Gasser, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9556.
    Dennis v. Landreth et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Cuyahoga county.

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

      Messrs. Bacon & Clay and Mr. Ward Sager, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9558.
    Benzenhoffer v. The Village of New Waterford.
    (Decided March 13, 1906.)
    Error to Circuit Court of Columbiana county.

      Messrs. Taylor é Harris, for plaintiff in error.

      Mr. J. F. Johnston, village attorney, and Mr. Louis T. Farr, for defendant in error.
   Judgment affirmed.

Shah ok, C. J., Crew and Spear, JJ., concur.


text:
    No. 9589.
    The Oil Well Salvage Co. v. Troutman.
    (Decided March 13, 1906.)
    Error to Circuit Court of Wood county.

      Mr. Edivard Beverstock, for plaintiff in error.

      Messrs. Phelps & David, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9677.
    The State of Ohio v. Green et al.
    (Decided March 13, 1906.)
    Error to Circuit Court of Erie county.

      Mr. Roy H. Williams, prosecuting attorney, for plaintiff in error.
    ' Mr. H. L. Peeke, for defendants in error.
   Judgment affirmed on authority of Swank v. The State, 3 Ohio St., 429.

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


text:
    No. 9977.
    In re Application of Ira Bailus for a Writ of Habeas Corpus: Bailus v. Gould, Warden.
    (Decided March 13, 1906.)
    Error to Circuit Court of Franklin county.

      Messrs. Ulery, Martin S Webster, for plaintiff.

      Mr. Wade H. Ellis, attorney general; Mr. Roscoe J. Mauek and Mr. George H. Jones, for defendant.
   Judgment affirmed.

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


text:
    No. 8855.
    In the Matter of the Estate of Walter G. Higgins, Deceased: Holmes, Jr. v. Higgins et al.
    (Decided March 20, 1906.)
    Error to Circuit Court of Franklin county.

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

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

      Judgment of circuit court reversed and that of common pleas affirmed. Ground 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 the reason that the record before the circuit court did not show that the probate court had not denied administration to the defendants in error for cause. And this court proceeding to render the judgment which said circuit court should have rendered, it is considered and adjudged that the judgment of the court of common pleas be and it hereby is affirmed.

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


text:
    No. 8981.
    State ex rel. Hoffheimer, Prosecuting Attorney, v. The Millcreek Valley Street Railroad Co. et al.
    (Decided March 20, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Harry M. Hoffheimer, prosecuting attorney; Mr. Samuel W. Bell; Mr. Charles L. Swain; Mr. John R. Sayler; Mr. Samuel B. Hammel and Mr. Wm. Worthington, for plaintiff in error.

      Messrs. Paxton & Warrington and Messrs. Kittredge $ Wilby, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9044.
    Peck v. Dalberg et al., Partners, et al.
    (Decided March 20, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. King é Tracy, for plaintiff in error.

      Messrs. Chittenden & Chittenden and Mr. D. E. Corbitt, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9059.
    The Schuster Company v. Mabley.
    (Decided March 20, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. W. C. Pollner and Messrs. Beardsley £ Morgan, for plaintiff in error.

      Messrs. Noble, Pinney £ Willard, for defendant in error.

   Judgment affirmed.

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


text:
    No. 9067.
    Karns et al. v. Karns et al
    (Decided March 20, 1906.)
    Error to Circuit Court of Mercer county.

      Messrs. Mauk £ Jackson, for plaintiffs in error.

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

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


text:
    No. 9084.
    Boyle v. Boyle et al.
    (Decided March 20, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Paddock, Johnson & Roivley, for plaintiff in error, and for Bridget, Walter and Joseph Boyle, defendants in error.

      Mr. N. O. Winter and Mr. Charles E. Chittenden, for Mary Dawley, defendant in error.
   Judgment affirmed.

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


text:
    No. 9087.
    The Ohio Oil Company v. Greiner.
    (Decided March 20, 1906.)
    Error to Circuit Court of Wood county.

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

      Mr. J. W. Grabiel and Mr. J. E. Shatzel, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9103.
    Osborn, Admr. de bonis non, etc. v. The Portsmouth National Bank.
    (Decided March 20, 1906.)
    Error to Circuit Court of Scioto county.

      Mr. Thomas B. Paxton; Mr. Duncan Livingstone and Mr. George M. Osborn, for plaintiff in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9490.
    The Jewett Car Company v. Nott, Admr.
    (Decided March 20, 1906.)
    Error to Circuit Court of Licking county.

      Messrs. Wright & Wright, for plaintiff in error.

      Mr. 8. L. James and Messrs. Flory & Flory, for defendant in error.
    Judgments of circuit and common pleas courts reversed and judgment for plaintiff in error. Grounds stated in journal entry.
   It is ordered and adjudged by this court that the judgment of the said circuit court be and the same hereby is reversed for error in affirming the judgment of the court of common pleas of Licking county, Ohio, in said cause, for the reason that the special findings of the jury are inconsistent with its general verdict, and said court of common pleas erred in overruling and in not sustaining the motion of the defendant, The Jewett Car Company, to render judgment in its favor on said special findings of the jury, notwithstanding the general verdict. Ordered that the judgment of the said circuit-court and of the said common pleas in said cause he and they are hereby reversed, and this court proceeding to render the judgment said court of common pleas should have rendered, it is ordered that-the motion of the defendant, The Jewett Car Company, for judgment in its favor on the special findings of the jury, notwithstanding the general verdict for the reason that the special findings are inconsistent with the general verdict be sustained, and that the said defendant, The Jewett Car Company, go hence without day and recover of said plaintiff, B. R. Nott, Administrator of the Estate of Henry W. Kindig, deceased, its costs in said court of common pleas, and judgment is rendered against said plaintiff for his costs in said court of common pleas. Ordered that said plaintiff in error, The Jewett Car Company, recover its costs from the said defendant in error in this court and in the said circuit court, and that said defendant in error pay his own costs in this court and in the said circuit court.

Shauc'k, C. J., Crew, Summers and Davis, JJ., concur.


text:
    No. 9014.
    The Cleveland Terminal & Valley Railroad Co. v. The City of Akron et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Summit county.

      Messrs. Allen, Waters d Andress, for plaintiff in error.

      Mr. Clyde F. Beery and Mr. S. D. Kenfield, for defendants in error.
   Judgment affirmed.

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

Davis, J., not participating.


text:
    No. 9086.
    Jakowenko, Admx. v. The Des Moines Life Association.
    (Decided March 27, 1906.)
    Error to Circuit Court of Hamilton county.

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

      Mr. Robert Ramsey, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9126.
    Ambler v. Bentley, Admr., et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Columbiana county.

      Messrs. Carey S Mullins, for plaintiff in error.

      Messrs. Taylor & Harris, for defendants in error.

      Judgment reversed and judgment for plaintiff in error as shown in journal entry. Grounds stated in journal entry.
   It is ordered and adjudged by this court that the judgment of said circuit court be and the same hereby is reversed. And this court proceeding to render the judgment and make the decree which should have been rendered and made by the circuit court, finds for the plaintiff in error on his note and mortgage. The court further finds that the defendants, •William J. Street, Marian Street, Homer J. Street and Harold Street, together with Elizabeth Street, executed and delivered to the defendant, Byron S. Ambler, the mortgage and promissory note set up in the answer of the defendant, Byron S. Ambler. The court coming now to determine the respective rights of the parties hereto to the proceeds of the sale of said premises in the petition described, finds that there is now due the defendant, Byron S. Ambler, as principal debt on said promissory note the sum of $3,000, with interest thereon at seven per cent, per annum, to be paid semi-annually from July 28, 1900, subject to certain credits; that by the terms of the will of Martha Street, deceased, the entire income of all her estate now remaining in the hands of the administrator, was given to William J. Street and his wife, Marian Street, to be disposed of at their discretion; that said income belongs to said beneficiaries absolutely and the expression in said will of the purpose for which said income was given, that is the support of said William J. Street and Marian Street, is not deemed to be the expression of an intention that the right of said income shall be inalienable. The court further finds that by the signing, execution and delivery of said note and mortgage as set forth in the answer of the defendant, Byron S. Ambler, the said William J. Street and Marian Street, his wife, have pledged the income from said property so given to them to the payment of said indebtedness to said Byron S. Ambler. It is therefore ordered that ont of the proceeds of the sale of said premises said administrator shall pay to the defendant, Byron S. Ambler, the sum so found due, in the following manner : that he shall reinvest the purchase price of said premises in securities to be approved by the probate court of Columbiana county, Ohio, and that the entire income therefrom shall from time to time be paid to the defendant, Byron S. Ambler, to be applied on the indebtedness aforesaid. The court further finds that the defendants in error, Homer J. Street and Harold Street, have by the signing, execution and delivery of said note and mortgage equitably pledged to the payment of. said indebtedness whatever interest they may have in the estate of said Martha Street, deceased, of which the premises herein to be sold form a part and that if said indebtedness is unpaid at the time of the decease of said William J. Street and Marian Street, or the survivors of them, that sufficient of the proceeds invested by said administrator as aforesaid shall be paid to the defendant, Byron S. Ambler, to cancel any balance remaining due and unpaid on this decree according to the terms of said note and mortgage; and this cause is remanded to the circuit court with directions that it calculate the true amount due said Ambler on his note and mortgage, after giving credit for all payments, and that said correct sum of the principal and interest when so found be made a part of this decree. It is.further directed that said circuit court make such further orders as may be necessary to enforce and carry ont this decree bnt such orders are to be consistent with this decree.

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


text:
    No. 9132.
    Burton et al. v. Stapely.
    (Decided March 27, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Louis J. Bolle; Mr. John 8. Conner and Mr. Constant Southworth, for plaintiffs in error.

      Messrs. Shay é Cogan, for defendant in error.
   Judgment reversed and judgment for plaintiffs in error on facts found by the circuit court.

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


text:
    No. 9140.
    Conrad et al., Commissioners, v. The Ohio Savings Bank & Trust Co.
    (Decided March 27, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. W. G. Ulery; Messrs. Southard & Southard and Messrs. Sumner é Tucker, for plaintiffs in' error.

      Messrs. Hamilton é Kirby, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9148.
    Eddy et al. v. Leith, Admr., et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. King é T-racy, for plaintiffs in error.

      Messrs. Potter S Potter, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9160.
    Gardner et al., Partners, v. Miller.
    (Decided March 27, 1906.)
    Error to Circuit Court of Seneca county.

      Mr. Jesse .Stephens and Mr. S. S. Wheeler,, for plaintiffs in error.'

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9161.
    Gardner et al., Partners, v. Edna Oil Co. et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Seneca county.

      Mr. Jesse Stephens, for plaintiffs in error.

      Mr. C. L. Guernsey and Mr. J. P. Mourer, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9533.
    The Independent Coal Co. v. The First National Bank.
    (Decided March 27, 1906.)
    Error to Circuit Court of Cuyalioga county.

      Messrs. Kerruish, Chapman & Kerruish, for plaintiff in error.

      Messrs. Hamilton, Hamilton & Smith, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9535.
    Katz et al., Exrs. v. Seldner et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Columbiana county.

      Messrs. Potts & Wells, for plaintiffs in error.

      Messrs. Billingsley, Clark & DeFord, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9549.
    Parsons v. The Ohio Pail Co. et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Geauga county.

      Mr. N. H. Bostwick, for plaintiff in error.

      Mr. W. G. King, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9550.
    Houser, Admr. v. The Cincinnati & Eastern Electric Railroad Co.
    (Decided March 27, 1906.)
    Error to Circuit Court of Clermont county.

      Messrs. Frazier & Hicks, for plaintiff in error.

      Mr. F. F. Dinsmore and Messrs. Nichols & Nichols, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9572.
    The Anchor Fire Insurance Co. v. Burrell.
    (Decided March 27, 1906.)
    Error to Circuit Court of Lorain county.

      Mr. F. M. Dotson; Mr. L. B. Fcmver and Mr. J. M. Sheets, for plaintiff in error.

      Messrs. Chamberlain ds Hamlin, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur


text:
    No. 9596.
    American Surety Company of New York v. The Akron Savings Bank Co. et al.
    (Decided March 27, 1906.)
    Error to Circuit Court of Summit county.

      Messrs. D. A. Doyle, for plaintiff in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9597.
    American Surety Company of New York v. The Akron Savings Bank Co. et al.

      Mr. H. C. Willcox; Messrs. J. W. Mason and Mr. D. A. Doyle, for plaintiff in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 8982.
    Hattersley v. The Village of Waterville et al.
    (Decided April 3, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. King é Tracy,tor plaintiff in error.
    Messrs: Smith S Beckwith, for defendants in error.
   Judgment affirmed.

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


text:
    No. 8984.
    The Northwestern National Life Insurance Company v. Hare.
    (Decided April 3, 1906.)
    Error to Circuit Court of Wyandot county.

      Messrs. Brown S Kerr and Messrs. Carter & Goodrich, for plaintiff in error.

      Messrs. Carey & Parker, for defendant in error.
   Judgment reversed and judgment for plaintiff in error. Ground stated in journal entry.

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


text:
    No. 9026.
    Crouse, Receiver, v. The Third Piqua Building & Loan Company.
    (Decided April 3, 1906.)
    Error to Circuit Court of Miami county.

      Mr. Charles Baird and Mr. F. H. Water's, for plaintiff in error.

      Messrs. Lindsey & Lilley; Mr. W. C. Johnston and Mr. C. B. Jamison, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9122.
    The Baltimore & Ohio Railroad Co. v. The Consolidated Company et al.
    (Decided April 3, 1906.)
    Error to Circuit Court of Guernsey county. '

      Mr. Fred L. Bosemond and Mr. F. A. Durban, for plaintiff in error.

      Messrs. Loche & Turnbaugh, for defendants in error.
   •Judgment reversed because of insufficiency of affidavit for publication of notice.

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


text:
    No. 9134.
    The Findlay Brewing Company v. Emerich.
    (Decided April 3, 1906.)
    Error to Circuit Court of Lucas county.

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

      Messrs. Kinney & Newton, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9165.
    Beiersdorfer v. Kessler.
    (Decided April 3, 1906.)
    Error to Circuit- Court of Mercer county.

      Mr. William E. Ton Velle and Mr. Robert B. Land-fair, for plaintiff in error.

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

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


text:
    No. 9175.
    Langhorst v. The Baltimore & Ohio Southwestern Railroad Co.
    (Decided April 3, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. Burch £ Johnson, for plaintiff in error.

      Messrs. Harmon, Colston, Goldsmith £' Hoadly> for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9177.
    Huber v. Carew et al.
    (Decided April 3, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. John W. Wolfe;' Mr. Rufus B. Smith and Messrs. Outcalt £ Foraker, for'plaintiff in error.

      Messrs. Cohen £ Mack; Mr. Ben B. Dale and Mr. E. N. Wild, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9188.
    White et al. v. Kennedy et al.
    (Decided April 3, 1906.)
    Error to Circuit Court of Preble county.

      Messrs. Nevin, Nevin £ Kalbfus and Messrs. Gilmore £ Gilmore, for plaintiffs in error.

      Mr.-.Emnk G. SJmey and Mr. James L. Sayler, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9211.
    Hollmeyer et al. v. McKinney et al.
    (Decided April 3, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Ernst Behm, for plaintiffs in error.

      Messrs. Closs & Luebbert -and Mr. Stanley Stru-Jb'le, for defendants in error.
   Judgment affirmed.

.ShauCk, C. J., Crew and Spear, JJ., concur. ’■


text:
    No. 9278.
    The Ayers Asphalt Paving Company v. King et al., Partners.
    (Decided April 3, 1906.)
    Error to Circuit Court of Erie county.

      Mr. George E. Beiter, for plaintiff in error.

      Messrs. King & Ramsey, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9045.
    The Granite Wall Plaster Company v. Stroch, Admx.
    (Decided April 10, 1906.)
    Error to Circuit Court of' Ottawa county.

      Mr. W. G. W.eierman and Messrs. Smith & Baker, for plaintiff in error.

      Mr. George A. True, iov defendant in error. '•
   Judgment affirmed.

Price, Crew and Spear, JJ., concur.


text:
    No. 9091.
    The City of Mt. Vernon v. Harper.
    (Decided April 10, 1906.)
    Error to Circuit Court of Knox county.

      Mr. J. M. Butler and Mr. J. B. Graham, for plaintiff in error. - ; •, r ..

      Mr. Frank O. Levering and Mr. F. V. Owen, for defendant in error. . , , . ■ . ,
   Judgment of the .circuit couft. reversed and that of the common pleas affirmed: An authority of..; the City of Wellston v. Morgan, 65 Ohio St., 219.

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


text:
    No. 9158.
    Whitney v. Meister et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of- Lucas county.

      Mr. Henry G. Truesdall, for plaintiff in error.

      Mr. Frank M. Sala; Mr. Henry G. Truesdall and Messrs. Bierly é Dickey, for defendants in error.
    Judgment of the circuit court reversing that of common pleas affirmed. Final judgment of circuit court reversed. Grounds stated in journal entry.
   It is ordered and adjudged by this court, that.the judgment of the said circuit court which reversed the judgment of the court of common pleas is hereby affirmed; but the further judgment rendered by the said circuit court against the plaintiff in error is hereby reversed and held for naught, and this cause is remanded to the court of common pleas for further proceedings according to Igw.

Shatjck, O. J., Price, Crew, .Summers and Pavis, JJ., concur.


text:
    No. 9186.
    Linton et al. v. Linton, Admr., et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of Jefferson county.

      Mr. A. G. Lewis; Mr. O. G. Pinney; Mr. J. O. Naylor and Mr. E. J. Pinney, for plaintiffs in error.

      Mr. P. P. Lewis, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9202.
    Taggart v. The Keasey Pulley Company.
    (Decided April 10, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. Johnson Thurston and Mr. C. A. Seiders, for plaintiff in error. .

      Messrs. Southard & Southard, for defendant in error.
    Judgment reversed. . Grounds stated in journal entry.
   It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed for the reason that the court of common pleas erred on the trial of said case in refusing to admit in evidence the two letters marked Exhibit 19 and Exhibit 21 and attached to the bill of exceptions, and also for' the reason that the said court erred in directing a verdict for the defendant. And this court proceeding to render the judgment which the said circuit court should have rendered, it is hereby ordered and adjudged that the judgment of said court of common pleas he and it hereby is reversed and said cause is remanded to the court of common pleas for further proceedings according to law.

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


text:
    No. 9212.
    King v. The Toledo Loan Company et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. A. W. Eckert and Mr. John A. King, for plaintiff in error.

      Messrs. King <& Tracy and Mr. Frank H. Geer, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9216.
    Jones et al. v. Procter et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. John C. Healy, for plaintiffs in error.

      Messrs. Kittridge & Wilby and Messrs. Worthington & Strong, for defendants in error. .
   Judgment affirmed.

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


text:
    No. 9258.
    Crouse, Receiver, v. The American Strawboard Company.
    (Decided April 10, 1906.)
    Error to Circuit Court of Summit county. .

      Mr. Charles Baird and'' Messrs'. Allen, Waters & Andress, for.plaintiff in error.

      Mr: A. F. Broomhall and Messrs. Barry £ Hughes, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9284.
    The Village of Vermilion v. Ackerman et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of Erie county.

      Mr. John F. McCrystal, for plaintiff in error.

      Messrs. King £ Guerin; Mr. John Ray and Mr. Geo. E: Reiter, for defendants in error
   Judgment affirmed.

Price, Spear and Davis, JJ., concur.


text:
    No. 9328.
    The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Bost.
    (Decided April 10, 1906.)
    Error to Circuit Court of Clark county.

      Messrs. Bowman £ Bowman, for plaintiff in error.

      .-■Mr. John L. Zimmerman and Mr. W.- W. Witmeyer, for defendant in error.
   On rehearing. Foimer judgment adhered to.

Price, Crew and Spear, JJ., concur.


text:
    No. 9557.
    Miller v. Innis.
    (Decided April 10, 1906.)
    Error to Circuit Court of Franklin county.

      Messrs. Rogers & Rogers, for plaintiff in error.

      Mr. G. E. Bibbee, for defendant in error.
   Judgment affirmed:

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


text:
    No. 9683.
    Cudell v. The City of Cleveland et al.
    (Decided April 10, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. George A. Groot, for plaintiff in error.
    ' Mr. Newton D. Baker, city solicitor, for defendants in .error.
   Judgment affirmed.

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


text:
    No. 9684.
    The Board of Education of the Oakley Special School District No. 11 of Columbiana Township v. The Board of Education of the School District of the City of Cincinnati.
    (Decided April 10, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. Ireton, Collins, Schoenle & Poor, for plaintiff in error.

      Mr. C. J. Hunt, city solicitor; Mr. Jesse Laivman; Mr. John R. Schindel; Mr. Albert H. Morrill and Messrs. Scott é Morrill, for defendant in error.
   Judgment of circuit court reversed and that of common pleas affirmed on the ground that act involved was constitutional according to decisions when the obligation was incurred.

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


text:
    No. 9022.
    The Cleveland & Eastern Railway Co. v. Somers.
    (Decided April 17, 1906.)
    Error to Circuit Court of Geauga county.

      Messrs. Ford, Snyder & Henry, for plaintiff in error-.

      Mr. William G. King, for defendant in error.
   Judgment of circuit court reversed and that of common pleas affirmed.

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


text:
    No. 9058.
    France et al., Partners, v. Frazee.
    (Decided April 17, 1906.)
    Error to Circuit Court of Coshocton county.

      Messrs. Pomerene & Pomerene and Messrs. Sea-ton & Paine, for plaintiffs in error.

      Messrs. Waight & Moore and Mr. Burt P. Voorhees, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9116.
    Benton v. Benton et al.
    (Decided April 17, 1906.)
    Error to Circuit Court of Lorain county.

      Messrs. Laubscher & Kees, for plaintiff in error.

      Mr. Willis E. White; Messrs. Kline, Tolies S Goff; Messrs. Garfield, Howe & Westenhaver; Mr. Smith W. Bennett and Mr. Otis B. Benton, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9143.
    Wright v. The City of Cincinnati.
    (Decided April 17, 1906.)
    Error to Superior Court of Cincinnati.

      Mr. Rogers Wright, for plaintiff in error.

      Mr. Charles J. Hunt, city solicitor, and Mr. John V. Campbell, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9220.
    Barton v. The Cleveland, Cincinnati, Chicago & St. Louis Railway Company.
    (Decided April 17, 1906.)
    Error to Circuit Court of Crawford county. ■

      Messrs. Finley <& Galling er and Mr. Chas. Schaber, for plaintiff in error.

      Mr. Dan Babst, Jr., and Messrs. Cummings & McBride, for defendant in error.
   Judgment affirmed.

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

Spear, J., dissents.


text:
    No. 9223.
    Price v. Sult.
    (Decided April 17, 1906.)
    Error to Circuit Court of Washington county.

      Mr. Bion E. Guyton and Messrs. Follett & Follett, for plaintiff in error.

      Mr. C. T. O’Neal, for defendant in error.
   Judgment affirmed,

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


text:
    No. 9237.
    Meier, Admr. v. Steinkamp et al.
    (Decided April 17, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Arnold Speiser; Mr. Joseph Schroder; Mr. John Schwab and Mr. Denis F. Cash, for plaintiff in error.

      Mr. John G. Healy; Messrs. Powell & Smiley; Mr. Chris Von S eg gem and Messrs. Phares, Gusweiler, & Rosenberg, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9226.
    Maske v. The Auld & Conger Company.
    (Decided April 17, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hammond & White, for plaintiff in error.

      Messrs. Smith £ Taft, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9290.
    Yost et al. v. Gill.
    (Decided April 17, 1906.)
    Error to Circuit Court of Gallia county.

      Mr. R. M. Switzer; Mr. T. E. Bradbury; Mr. R. A. Mack and Mr. R. J. Mauck, for plaintiffs in error.

      Mr. Hollis G. Johnston, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9296.
    Callan et al. v. Stang et al.
    (Decided April 17, 1906.)
    Error to Circuit Court of Erie county. '

      Mr. Charles II. Kibler and Mr. John F. McCrystal, for plaintiffs in'error.

      Mr. Thomas M. Sloane; Mr. C. P. Wickham; Messrs. King & Guerin and Mr. W. B. Starbird, for defendants in error.
   Judgment affirmed.

Crew, Summers and Davis, JJ., concur.


text:
    No. 9309.
    Mitchell v. Tucker, Exr.
    (Decided April 17, 1906.)
    Error to Circuit Court of Lucas county.

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

      Mr. Clayton W. Everett, for defendant in error.
   Judgment affirmed.

Crew, Summers and Davis, JJ., concur.


text:
    No. 9595.
    The City of Toledo v. Rodd.
    (Decided April 17, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. U. G. Denman and Mr. Chas. K. Friedman, for plaintiff in error.

      Messrs. Southard £ Southard, for defendant in. error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9791.
    The Great Western Oil Company v. Walsh, Guardian.
    (Decided April 17, 1906.)
    Error to Circuit Court- of Cuyahoga county.

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

      Messrs: Meyer £ Mooney,- for defendant in error.
   Judgment affirméd.

Price, Crew and Davis, JJ., concur.


text:
    No. 5100.
    The Wabash Railroad Company v. The Adelbert College of Western Reserve University et al.
    (Decided April 24, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. Rush Taggart and Mr. Henry Crawford, for plaintiff in error.

      Mr. James M. Brown; Mr. George Hoadley; Mr„ R. R. Kinkade; Mr. John C. F. Gardner; Mr. John..

      H. Doyle; Mr. John G. Milburn; Mr. J. W. Warring-ton; Mr. Thos. B. Paxton, Jr., and Mr. Murray Seasongood, for defendant in erroi\
   Judgment affirmed.

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


text:
    No. 9260.
    Metzger v. Roberts.
    (Decided April 24, 1906.)
    Error to Circuit Court of Columbiana county.

      Messrs. Taylor S Harris, for plaintiff in error.

      Mr. L. T. Farr and Mr. C. P. Rothwell, for defendant in' error.
   Judgment affirmed.

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


text:
    No. 9325.
    Springfield Fire & Marine Insurance Company v. Wagner.
    (Decided April 24, 1906.)
    Error to Circuit Court of Seneca county.

      Mr. J. W. Mooney and Mr. Willis Bacon, for plaintiff in error.

      Messrs. Platt & Black and Mr. G. B. Keppel, for defendant in error.
    Judgment reversed. Grounds stated in journal entry.
   It is ordered and adjudged by this court that the judgment of said circuit court be and the same hereby is reversed for error in affirming the judgment of the court of common pleas of said Seneca county, and the judgment of said court of common pleas is reversed for error in overruling the motion for a new trial on the grounds that the court erred in the admission of evidence, in refusing to charge, and in its general charge to the jury; it appearing from the plaintiff’s evidence that Lillis, the mortgagee, is a real and not a fictitious person, he is a necessary party to the action or a valid release of the mortgage must be proven. It appearing from the plaintiff’s evidence that the mortgagee neither signed the release nor 'authorized it, it was error to admit in evidence the release on the mortgage record. The verdict is set aside and the case is remanded to the said court of common pleas for a new trial.

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


text:
    No. 9330.
    The Northern Ohio Traction Company v. Mitchell.
    (Decided April 24, 1906.)
    Error to Circuit Court of Summit county.

      WFessrs. Rogers, Rowley, Bradley & Rockwell, for plaintiff in error.

      Messrs. Billman & Billman and Mr. Orlando Wil<cox, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9333.
    MacBride v. MacBride.
    (Decided April 24, 1906.)
    Error to Circuit Court of Scioto county.

      Mr. W. R. Sprague and Mr. F. S. Monnett, for plaintiff in error.

      Messrs. Bannon & Bannon and Mr. J. W. Ban-non, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9348.
    MacBride v. MacBride.
    (Decided April 24, 1906.)
    Error to Circuit Court of Scioto county.

      Mr. W. R. Sprague and Mr. F. S. Monnett, for plaintiff in error.

      Messrs. Bannon <3 Bannon and' Mr. J. W. Ban-non, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9608.
    The Youngstown Steel Co. v. Domer, Guardian.
    (Decided April 24, 1906.)
    Error to Circuit Court of Mahoning county.

      Mr. T. H. Gillmer and Messrs. Seaton <3 Paine, for plaintiff in error.

      Mr. W. S. Anderson and Mr. W. PL. Woolf, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9665.
    Hughes v. Tatman, Treasurer.
    (Decided April 24, 1906.)
    Error to Circuit Court of Scioto county.

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

      Messrs. Bannon & Bannon; Mr. Henry Bannon and Mr. Harry Ball, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9666.
    Yeager et al. v. Tatman, Treasurer.
    (Decided April 24, 1906.)
    Error to Circuit Court of Scioto county/

      Mr. T. C. Anderson and Mr. Jolm R. Hughes, for plaintiffs in error.

      Messrs. Bannon & Bannon; Mr. Henry Bannon and Mr. Harry Ball, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9159.
    Townsend et al. v. The Chippewa Company.
    (Decided May 1, 1906.)
    Error to Circuit Court of Medina county.

      Messrs. Elliott & Elliott and Mr. A. T. Hills, for plaintiffs in error.

      Mr.' Frank Heath; Messrs. Henderson, Quayle S Siddall and Mr. A. W. Lamson, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9297.
    The Barr Cash & Package Carrier Company v. Auerbach et al.
    (Decided May 1, 1906.)
    Error to Circuit Court of Richland county.

      Messrs. Jenner & Weldoh, for plaintiff in error.

      Messrs. Cummings, McBride & Wolfe and Messrs. Maguire & Galbraith, for defendants in error.
    • Judgment reversed and judgment for plaintiff in error.
    Shauck, C. J., Price, Crew and Davis, JJ., concur.


text:
    Nó. 9344.
    Calhoun et al. v. Darling, Admr.
    (Decided May 1, 1906.)
    Error to Circuit Court of Bicliland county.

      Mr? H. T. Manner and Messrs. Donnell, Marriott & Bissman, for plaintiffs in error.
    ' Messrs. Bowers do Black, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9355.
    Gilbert v. Graves, Exr., et al.
    (Decided May 1, 1906.)
    Error to Circuit Court of Montgomery county.

      Mr. O. M. Gottschall, for plaintiff in error.

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

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


text:
    No. 9360.
    Desnoyers v. Ames et al.
    (Decided May 1, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Willis Vickery and Mr. G. M. Lemmon, for plaintiff in error.

      Messrs. Herrick & Hopkins, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9367.
    Boyer, Admr. v. The Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
    (Decided May 1, 1906.)
    Error to Circuit Court of Clark county.

      Mr. James Johnson, Jr., for plaintiff in error.

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

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


text:
    No. 9389.
    The Village of West Unity v. Coleman.
    (Decided May 1, 1906.)
    Error to Circuit Court of Williams county.

      Mr. Chauncey L. Newcomer, for plaintiff in error.

      Mr. Charles E. Scott, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9404.
    The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Fagin.
    (Decided May 1, 1906.)
    Error to Superior Court of Cincinnati.

      Messrs. Maxwell S Ramsey and Mr. W. W. Ramsey, for plaintiff in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9196.
    Bell, Jr. v. Brinkerhoff.
    (Decided May 8, 1906.)
    Error to Circuit Court of Richland county.

      Messrs. Cummings, McBride & Wolfe; Messrs. Jones & James and Mr. G. B. Groesbeck, for plaintiff in error.

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

Crew, Summers and Davis, JJ., concur.


text:
    No. 9198.
    The City of Toledo v. Seel.
    (Decided May 8, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. U. G. Denman, city solicitor, and .Mr. Chas. M. Milroy, for plaintiff in error.

      Messrs. Bierly & Dickey, for defendant in error.
   Judgment of circuit court reversed and that of the common pleas affirmed on authority of Norwalk v. Tuttle, 73 Ohio St., 242.

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


text:
    No. 9317.
    Berk et al., Exrs. v. Vinnedge et al.
    (Decided May 8, 1906.)
    Error to Circuit Court of Butler county.

      Messrs. Andrews, Harlan $ Andrews, for plaintiffs in error.

      Messrs. Murphy & Williams; Mr. John F. Neilan and Mr. Sam D. Fitton, Jr., for defendants in error.
   Judgment affirmed.

Price, Summers and Spear, JJ., concur.


text:
    No. 9349.
    The State of Ohio, for the use of Muskingum County, by Charles C. Lemert, Prosecuting Attorney, v. The Bellaire, Zanesville & Cincinnati Railway Co. et al.
    (Decided May 8, 1906.)
    Error to Circuit Court of Muskingum county.

      Mr. G. C. Lemert, prosecuting attorney, and Mr. John J. Adams, for plaintiff in error.

      Mr. F. H. Southard; Mr. W. K. Pomerene and Mr. G. K. Browning, for'defendants in error.
   Judgment reversed.

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


text:
    No. 9350.
    Harris et al. v. Harris et al.
    (Decided May 8, 1906.)
    Error to Superior Court of Cincinnati.

      Messrs. Burch & Johnson, for plaintiffs in error.

      Mr. Jacob Shroder and Mr. Frank Seinsheimer, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9369.
    Williams et al. v. Greiser.
    (Decided May 8, 1906.)
    Error to Circuit Court of Hancock county.

      Messrs. Axline £ Betts and Messrs. Burket, Burket £ Burket, for plaintiffs in error.

      Messrs. Poe £ Poe, for defendant in error.
    Judgment reversed. Grounds stated in journal entry.
   It is ordered and adjudged by this court that the judgment of the said circuit court be and the same hereby is reversed; and this court proceeding to render the judgment which the circuit court should have rendered, reverses the judgment and decree of the court of common pleas on the ground that the pleadings and controlling facts appearing in the record the said court was not authorized to make the decree complained of quieting title in the defendant in error. This cause is remanded to the court of common pleas to be there proceeded with as a new action to reform the original deeds to the sons and for other and further proceedings according to law.

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


text:
    No. 9398.
    The O’Dell Commission Company v. Campbell.
    (Decided May 8, 1906.)
    Error to Circuit Court of Allen county.

      Messrs. Shay é Cogan and Messrs. Richie é Richie, for plaintiff in error.

      Messrs. Ridenour <& Halfhill, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9414.
    The Cincinnati & Eastern Electric Railway Co. v. Mights.
    (Decided May 8, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Frank F. Dinsmore, for plaintiff in error.

      Mr. Echo. A. Hafner and Mr. Prescott Smith, for defendant in error.
    Judgment reversed. Grounds stated in journal ■entry.
   It is ordered and adjudged by this court that the judgment of said circuit court be and the same hereby is revérsed for error in affirming the judgment of the court of common pleas and this court proceeding to render the judgment that said circuit court should have rendered, it is ordered and .adjudged that the judgment of said court of common pleas is reversed for error in overruling the motion for a new. trial on the ground that the court erred in its charge to the jury in submitting to the jury the question of punitive damages, for the reason that the evidence did not warrant the submission of that question to the jury and that the motion for a new trial be sustained, the verdict ■set aside and the cause be remanded to said court of ■common pleas for a new trial.

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


text:
    No. 9428.
    Lieblein et al. v. Lieblein.
    (Decided May 8, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Hart, Canfield é CroTce, for plaintiffs in •error.

      Messrs. For an, McTighe, Pearson & Marvin, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9436.
    Lapham v. Ransford et al.
    (Decided May 8, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Frank Higley, for plaintiff in error.

      Messrs. Bemis & Galfee, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9445.
    The Columbus, Buckeye Lake & Newark Traction Co. v. Henderlick.
    (Decided May 8, 1906.)
    Error to Circuit Court of Franklin county.

      Messrs. Williams & Taylor, for plaintiff in error.

      Mr. Edward G. Turner, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9461.
    Sylvester et al. v. Hoy.
    (Decided May 8, 1906.)
    Error to Circuit Court of Jackson county.

      Messrs. McGillivray <& Armstrong and Mr. T. 8. Hogan, for plaintiffs in error.

      Mr. T. A. McFarland and Mr. E. H. Willis, for defendant in error.
   Judgment, affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9471.
    Siebold v. The National Acetylene Gas Co. et al.
    (Decided May 8, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Herman Pr.eusser, for plaintiff in error.

      Messrs. McMillin & Ingersoll, for defendants in error. . -
   Judgment affirmed..

Price, Summers and Davis, JJ., concur.


text:
    No. 9749.
    The State ex rel. Wade H. Ellis, Attorney General, v. Ohio Fire Insurance Association
    (Decided May 8, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Wade II. EUis, attorney general, and Mr. Roscoe J. Mauck, for plaintiff in error.

      Mr. L. II. Pummill, for defendant in error.
   Judgment affirmed.

Crew, Summers and Davis, JJ., concur.


text:
    No. 9778.
    Beck, Admx. v. The Toledo Railway & Light Co.
    (Decided May 8, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. Harvey Scribner'; Mr. M. B. McCarthy and Mr. Cornell Schreiber, for plaintiff in error.

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

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


text:
    No. 9824.
    Nichols v. The State of Ohio.
    (Decided May 8, 1906.)
    Error to Circuit Court of Wyandot county.

      Messrs. Finley & Gallinger, for plaintiff in error.

      Mr. H. H. Neioell, prosecuting attorney; Mr. W. B. Wheeler and Mr. Boyd P. Doty, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9836.
    The State ex rel. Moeller v. Tynes, Auditor.
    (Decided May 8, 1906.)
    Error to Circuit. Court of Scioto county.

      Messrs. Holcomb & Millar, for plaintiff in error.

      Mr. Harry W. Miller, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9456.
    Zimmerman v. Gaff et al.
    (Decided May 15, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Frederick E. Niederhelman, for plaintiff in error.

      Messrs. Johnson & Levy and Messrs. Ireton, Collins, Schoenle & Poor, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9460.
    Goddard v. Long et al.
    (Decided May 15, 1906.)
    Error to Circuit Court of Jackson county.

      Mr. T. 8. Hogan and Mr. A. E. Jacobs, for plaintiff in error.

      Mr. John Harper and Mr. J. M. McGillivray, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9473.
    The State ex rel. Hutchens, a Taxpayer, v. Cover et al., Supervisors of Elections, et al.
    (Decided May 15, 1906.)
    Error to Circuit Court of Clermont county.

      Mr. Frank Davis and Mr. G. G. Kearns, for.plaintiff in error.

      Mr. George W. Hulick, for defendants in error.
   Judgment vacated and original petition dismissed.

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


text:
    No. 9479.
    Styre v. Starr.
    (Decided May 15, 1906.)
    Error to Circuit Court of Lucas county.

      Mr. M. D. Merrick; Mr. J. G. Jones and Mr. O. W. Nelson, for plaintiff in error.

      Messrs. Kohn é Northup, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9486.
    Heinze et al. v. Power.
    (Decided May 15, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. B'eavis & Johnson, for plaintiffs in error.

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

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


text:
    No. 9521.
    Dorger v. Woodward, Admr. de bonis non, et al.
    (Decided May 15, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. John G. Nealy, for plaintiff in error.

      Messrs. Scott $ Morrill and Messrs. Norstman <& Norstman, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur;


text:
    No. 9529.
    Rank v. Evans.
    (Decided May 15, 1906.)
    Error to Circuit Court of Licking county.

      Messrs. Hunter <& Hunter and Messrs. Smythe $ Smythe, for plaintiff in error.

      Messrs. Flory & Flory and Mr. G. C. Daugherty, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9531.
    Mahoney v. The Scottish Union & National Insurance Co.
    (Decided May 15, 1906.)
    Error to Superior Court of Cincinnati.

      Mr. A. J. Cunningham and Mr. J. J. Acomb, for plaintiff in error.
    .. Mr. J. H. Cabell and Mr. J. L. Kohl, for defendant in error.
   Judgment, affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9559.
    Burgess Steel & Iron Works v. The Champion Iron Co.
    (Decided May 15, 1906.)
    Error to Circuit Court of Hardin county.

      Mr. A. T. Holcomb and Messrs. Johnson <3 Johnson, for plaintiff in error.

      Mr. George E. Crane, for defendant in error.
   Judgment affirmed.

Price, Summers and Spear, JJ., concur.


text:
    No. 9845.
    The State ex rel. Lewis, Auditor, v. Hynicka, Treasurer, et al.
    (Decided May 15, 1906.)
    Mandamus.

      Mr. W. M. Ampt and Mr. Albert D. Alcorn, for the relator.

      Mr. Wade H. Ellis, attorney general; Mr. Smith W. Bennett; Messrs. Ireton, Collins, Schoenle & Poor, for defendant.
   Demurrer sustained and petition dismissed for the reason that all the compensation to which auditor is entitled must he deducted from the appropriate funds at the time of settlement.

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


text:
    No. 9170.
    Mutual Reserve Fund Life Association v. Finnigan.
    (Decided May 15, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr, Charles E. Prior; Mr. Miller Outcalt and Mr. Rufus B. Smith, for plaintiff in error.

      Mr. John C. Healy, 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 circuit court be and the same hereby is reversed; and this court proceeding to render the judgment which the circuit court should have rendered reverses the judgment of the court of common pleas and grants a new trial on' the grounds (1) that the court of common pleas erred in the charge to the jury as found commencing at the bottom of page 91 of the printed record and consisting of the entire paragraph ending in the middle of page 92 of said record (2) and in refusing to submit the special request made by plaintiff in error found on page 95 of the printed record. It is further considered by this, court that plaintiff in error recover of defendant in error the costs of the plaintiff in error made in this and the circuit court to be taxed, and this cause is remanded to the- court of common pleas for a new trial and further proceedings according to law.

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


text:
    No. 9207.
    Smith et al. v. Union Savings Bank & Trust Co.
    (Decided May 22, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. G. W. Baker and Messrs. O’Hara <& Joraan, for plaintiffs in error.

      Mr. W. II. Mackoy, for defendant in error.
   Judgment affirmed.

Shauck, C. J., Crew, Summers and Spear, JJ., ■coneur.


text:
    No. 9208.
    Anderson v. The Moffat Feed Water Heater & Purifier Co.
    (Decided May 22, 1906.)
    Error- to Circuit Court of Hamilton county.

      Mr. Jacob Shroder and Mr. R. M. Van Horne, for plaintiff in error.

      Messrs. Maxwell & Ramsey, for defendant in •error.
   Judgment affirmed.

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


text:
    No. 9472.
    Murphy v. The Cleveland & Sandusky Brewing Co. et al.
    (Decided May 22, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Mr. Herman Preusser, for plaintiff in error. ,

      Messrs. Squire, Sanders $ Dempsey, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9520.
    Ahlers, Exrx. v. Waltz et al.
    (Decided May 22, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. Keam & Keam and Mr. Drausin Wulsin, for plaintiff in error.

      Mr. E. G. Beemelin; Mr. G. H. Beemelin and Mr. Jacob Shroder, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9522.
    North v. Coblentz et al.
    (Decided May 22, 1906.)
    Error to Circuit Court of Darke county.

      Mr. A. A. North and Mr. 8. V. Hartman, for plaintiff in error.

      Messrs. Anderson, Bowman. <& Anderson and Messrs. Bobeson & Yount, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9538.
    Ross et al. v. The Cincinnati, Lebanon & Northern Railway Co.
    (Decided May 22, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. G. E. Tenney, for plaintiffs in error.

      Messrs. Maxwell é Ramsey, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9582.
    The State ex rel. The Bellevue Light & Power Co. v. The Village of Bellevue et al.
    (Decided May 22, 1906.)
    Error to Circuit Court of Sandusky county.

      Mr. Jesse Vickery; Mr. James Hunt and Mr. G. H. Bellman, for plaintiff in error.

      Mr. C. A. Wilt; Mr. G. P. Wickham; Mr. L. W. Wickham; Messrs. Mackey & Hoxsey and Mr. R. R. Parkhurst, for defendants in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9221.
    The City of Wooster v. The Central Union Telephone Co.
    (Decided June 5, 1906.)
    Error to Circuit Court of Wayne county.

      Mf. Benton G. Hay, city solicitor, and Mr. A. D. Mets, for plaintiff in error.

      Mr. TL. Richardson and Mr. John McSweeney, for defendant in error.
   Judgment reversed on authority of Queen City Telephone Co. v. Cincinnati, 73 Ohio St., 64.

' Shatjck, 0- J., Price, Crew, Summers, Spear and Davis, JJ., concur.


text:
    No. 9494.
    National Biscuit Company et al. v. A. A. Douglass et al., Partners.
    (Decided June 5, 1906.)
    Error to Circuit Court of Richland county.

      Messrs. Jermer & Weldon, for plaintiffs in error.

      Messrs. Donnell, Marriott & Bissman, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9548.
    Hartman et al., Partners, v. Bowman
    (Decided June 5, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Kinney, O’Farrell & Rimelspach and Mr. H. C. Webster, for plaintiffs in error.

      Messrs. Doyle S Lewis and Mr. J. W. Schaufelberger, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9575.
    Boothe et al. v. Boothe et al.
    (Decided June 5, 1906.)
    Error to Circuit Court of Guernsey county.

      Mr. R. T. Scott and Mr. A. R. McCulloch, for plaintiffs in error.

      Mr. T. J. Russell and Messrs. Wells & Sheppard, for defendants in error.
   •Judgment affirmed.

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


text:
    No. 9603.
    Sealy v. The City of East Liverpool.
    (Decided June 5, 1906.)
    • Error to Circuit Court of Columbiana county.

      Mr. H. E.,Grosshans and Messrs. Smith & Lones, for plaintiff in'error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9523.
    Dieckmann v. Hunt et al.
    (Decided June 12, 1906.)
    Error to Circuit' Court of Hamilton county.

      Messrs. Renner & Renner and Mr. Eugene Heim, for plaintiff in error.

      Messrs. Fulton & Woost; Mr. G. A. Groom and Mr. F. E. Neiderhelman, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9552.
    The Trustees of the Ohio Wesleyan University, a Corporation, v. Hansborough et al.
    (Decided June 12, 1906.)
    Error to Circuit Court of Franklin county.

      Mr. L. D. Lilly, for plaintiff in error.

      Mr. J. T. Holmes, Jr.; Mr. E. G. Lloyd; Mr. D. T. Ramsey and Messrs. Sloane é Horst, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9563.
    The Central Trust & Safe Deposit Co., Exr. v. Bauer.
    (Decided June 12, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. Charles B. Wilby and Mr. Oliver S. Bryant, for plaintiff in error.

      Mr. M. G. Heintz, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9586.
    Eichert et al. v. Eichert, Exrx., et al.
    (Decided June 12, 1906.)
    Error to Circuit Court of Hamilton county.

      Mr. J. G. Hudson; Mr. F. 8. Starkey and Mr. B. II. Stites, for plaintiffs in error.

      Mr. Chris. Von Seggern; Mr. Gustav Tafel; Mr. Colon Schott; Mr. Frederick Hertenstein; Mr. J. D. Hudson and Mr. F. S. Starkey, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9224.
    Bettman v. Mossler, Admr.
    (Decided June 19, 1906.)
    Error to Circuit Court of Hamilton county.

      Messrs. Kelley & Hauck and Messrs. Moulinier, Bettman & Hunt, for plaintiff in error.

      Mr. Moses Buskin; Mr. J. L. Kohl and Mr. J. H. Cabell, for defendant in error.
   ■ Judgment of the circuit court reversed and that of the common pleas affirmed.

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


text:
    No. 9433.
    Cobb v. Scofield et al.
    (Decided June 19, 1906.)
    Error to Circuit Court of Cuyahoga county.

      Messrs. Goulder, Holding S Masten, for plaintiff in error.

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

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


text:
    No. 9434.
    Forman v. Vesey et al.
    (Decided June 19, 1906.)
    Error to Circuit Court of Fayette county.

      Messrs. Harper & Harper, for plaintiff in error.

      Messrs. Creamer & Creamer, for defendants in ■error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9455.
    The State ex rel. Taylor, Jr., Prosecuting Attorney, v. Jones et al.
    (Decided June 19, 1906.)
    Error to Circuit Court of Franklin county.

      Mr. A. T. Seymour and Mr. James Garen-, for plaintiff in error.

      Messrs. Dyer, Williams & Stouffer and Messrs. Huggins, Huggins & Johnson, for defendants in error.
   Judgment affirmed.

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


text:
    No. 9551.
    The American Steel Casting Company v. Fites.
    (Decided June 19, 1906.)
    Error to Circuit Court of Stark county.

      Messrs. McCarty & Pontius and Mr. G. G. Bow, for plaintiff in error.

      Messrs. Graine S Snyder, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9565.
    Dunnick v. Dunnick, Admx.
    (Decided June 19, 1906.)
    Error to Circuit Court of Franklin county.

      Mr. M. E. Thrailkill, for plaintiff in error.

      Mr. J. M. Pugh and Mr. W. B. Page, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9566.
    Dupler v. Simons.
    (Decided June 19, 1906.)
    Error to Circuit Court of Perry county.

      Messrs. Grossan & Binckley, for plaintiff in error.

      Messrs. Donahue S Spencer, for defendant in error.
   Judgment reversed and judgment for plaintiff in error as to injunction. Cause remanded to circuit court to ascertain value of coal taken and to render judgment in favor of plaintiff in error therefor.

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


text:
    No. 9579.
    McDaniel et al. v. Hays.
    (Decided June 19, 1906.)
    Error to Circuit Court of Pike county.

      Mr. II. H. Sanderson and Messrs. Post & Reid, for. plaintiffs in error.

      Messrs. Dougherty & Moore and Messrs. Eylar & Douglass, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9584.
    Lane v. May et al., Partners, et al.
    (Decided June 19, 1906.)
    Error to Circuit Court of Muskingum county.

      Mr. F. A. Durban; Mr. 8. M. Winn and Mr. J. G. Bassett, Jr., for plaintiff in error.

      Mr. J. J. Adams and Mr. W. H. Johnson, for defendants in error. .
   Judgment reversed and judgment for plaintiff in error.

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


text:
    No. 9618.
    Grose v. The Peebles Paving Brick Company.
    (Decided June 19, 1906.)
    Error to Circuit Court of Scioto county. •

      Mr. J. 8. Thomas; Messrs. Holcomb & Millar and Messrs. Pugh é Pugh; for plaintiff in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9742.
    Hilliard v. The Toledo & Ohio Central Railway Company.
    (Decided June 19, 1906.)
    Error to Circuit Court of Fairfield county.

      Mr. 8. W. Bennett; Mr. W. K. Martin and Mr. J. M. Sheets, for plaintiff in error.

      Messrs. Doyle £ Leivis and Messrs. Pickering £ Pickering, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9564.
    The Youngstown & Sharon Street Railway Co. v. Hall et al.
    (Decided June 26, 1906.)
    Error to Circuit Court of Trumbull county.

      Messrs. Norris, Jackson £ Rose, for plaintiff in error.

      Mr. Charles Pillius; Mr. J. L. Herzog and Mr. M. B. Leslie, for defendant in error.
   Judgment affirmed.

Price, Summers and Spear, JJ., concur.


text:
    No. 9577.
    The Winifrede Coal Company v. Bates.
    (Decided June 26, 1906.)
    Error to Superior Court of Cincinnati.

      Messrs. Maxwell & Ramsey, for plaintiff in error.

      Mr. G. II. Avery, for defendant in error.
   Judgment affirmed.

Price, Summers and Davis, JJ., concur.


text:
    No. 9592.
    Brown v. The Isaac Harter Company.
    (Decided June 26, 1906.)
    Error to Circuit Court of Lucas county. ■

      Messrs. Sivayne, Hayes, Fuller & Tyler, for plaintiff in error.

      Mr. E. W. Tolerlon and Messrs. Marshall <& Fraser, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9625.
    The Lima Railway Company v. Little.
    (Decided June 26, 1906.)
    Error to Circuit Court of Allen county.

      Mr. V. P. Kline; Messrs. Richie S Richie and Mr. W. H. Leete, for plaintiff in error.

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

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


text:
    No. 9644.
    Robinson et al. v. The Joint Board of County Commissioners of Putnam and Hancock Counties et al.
    (Decided June 26, 1906.)
    Error to Circuit Court of Putnam county.

      Messrs. Bailey <& Bailey, for plaintiffs in error.

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

Price, Summers and Davis, JJ., concur.


text:
    No. 9811.
    Breuer v. Frank.
    (Decided June 26, 1906.)
    Error to Superior Court of Cincinnati.

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

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

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


text:
    No. 9835.
    Studer v. State of Ohio.
    (Decided June 26, 1906.)
    Error to Circuit Court of Tuscarawas county.

      Mr. W. O. Werntz; Mr. Henry Bowers and Mr. Atlee Pomerene, for plaintiff in error.

      Mr. D. B. Wilkin and Mr. J. A. Buchanan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 9366.
    Holdren, Admr., et al. v. Holdren et al.
    (Decided June 29, 1906.)
    Error to Circuit Court of Payette county.

      Messrs. Post é Reid, for plaintiffs in error.

      Mr. Mills Gardner, for defendants in error.
    Judgment reversed. Ground stated in journal entry.
   It is ordered and adjudged by this court, that the judgment of the said circuit court be and the same hereby is reversed for error in computing and determining the specific amounts to be' paid by the administrator, and in ascertaining and determining the basis for distribution of. the proceeds arising from the sale of the real estate herein. And this court proceeding to render the judgment the circuit court should have rendered it is considered and adjudged that the judgment of the court of common pleas be and the same hereby is reversed for error in adjudging that the interest of Stanley Holdren in the real estate devised to him by the will of his father, John W. Holdren, is not subject to be charged, with the value of the life estate therein of Emma. Holdren, by way of compensation to the other devises under said will, because of the election of said Emma Holdren, not to take under said will. And this cause is remanded to the court of common pleas of Payette county with instructions to ascertain and determine the value of the life estate of the said Emma Holdren in the real estate devised to Stanley Holdren — the value of the dower estate of said Emma Holdren in the whole of the real estate devised by the will of her husband, John W. Holdren, — the amount and value of the personal property of said estate, and the amount of the debts of said estate including the specific legacies charged upon the real estate and the costs of administration. And when these several amounts shall have been ascertained, to order and direct that distribution be-made of the proceeds arising from the sale of the real estate as follows: 1. The debts, costs of administration and specific legacies charged on said real estate.- 2. To Emma Holdren the estimated value of her dower in the whole of the premises. 3. To the-devisees other than Stanley Holdren, the-amount found to be the value of the life estate of Emma Holdren together with the value of the personal property. 4. The residue one-sixth to William Holdren, one-sixth to Reuben Holdren, one-sixth to Lafayette Holdren, one-sixth to Ira Holdren, one-sixth to Stanley Holdren, and one-sixth to the children of Mattie Harper, as devisees under the-will of John W. Holdren.

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


text:
    No. 9574.
    The Cleveland, Akron & Columbus Railway Co. v. Murray.
    (Decided June 29, 1906.)
    Error to Circuit Court of Holmes county.

      Mr. G. W. Sharp and Messrs. Carey S Mullins, for plaintiff in error.

      Mr. W. Stilivell and Messrs. J. é G. E. Huston, 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 circuit court be, and the same hereby is, reversed for error in affirming the judgment herein of the court of common pleas of said Holmes county. And this court proceeding to render the judgment said circuit court should have rendered, it is considered and adjudged that the judgment of the said court of common pleas be and the same hereby is reversed for error in refusing to give to the jury the following instruction requested by the’Railway Company, to-wit: ”8. I instruct you that you shall not consider evidence of custom prior to May 1, 1901, if you find from the evidence that a new book of rules was adopted as claimed by the defendant on that date, providing you find from the evidence that Murray had in his possession a copy of such book of rules prior to his injury.” And for admitting evidence contrary to the law as stated in said request. And this cause is remanded to the court of common pleas of Holmes county for further proceedings according to law.

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


text:
    No. 9641.
    Green et al., Partners, v. Miller et al.
    (Decided June 29, 1906.)
    Error to Circuit Court of Columbiana county.

      Messrs. Carey & Mullins, for plaintiffs in error.

      Messrs. Taylor é Harris, for defendants in error.
   Judgment reversed and judgment for plaintiffs in error.

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


text:
    No. 9804.
    The L. S. & M. S. Ry. Co. v. Burtscher.
    (Decided June 29, 1906.)
    Error to Circuit Court of Lucas county.

      Messrs. Potter & Potter; Mr. George C. Greene, Mr. P. J. Jerome and Mr. N. D. Doughman, for plaintiff in error.

      Mr. Charles A. Thatcher, for defendant in error.
    Judgment reversed. Ground stated in journal entry.
   It is ordered and adjudged by this court, that the judgment of tbe said circuit court be, and tbe same hereby is, reversed; and this court proceeding to render the judgment which the circuit court should have rendered, reverses the judgment of the court of common pleas on the ground that, on the issues submitted to the jury by the trial court as to whether the tower-man of the plaintiff in error at the time of the injury, was the superior of the engineer, defendant in error, an analysis of all the evidence introduced by both parties to the action, and found in the printed record, shows that the said towerman, at the time of the injury complained of, whs the fellow servant of said engineer, defendant in error, and that in doing the alleged act complained of as negligence, said towerman was acting in the capacity of such fellow servant. This finding is independent of Exhibit “4” in dispute as to its being a part of the bill of exceptions, as there is nothing in said exhibit, if considered, which tends to affect the above finding.

It is further ordered and adjudged that this cause be and the same is remanded to the court Qf common pleas for new trial on the issues joined between the parties by their pleadings and for further proceedings according to law.

Price, Summers and Davis, JJ., concur.


text:
    No. 10166.
    Bachtel v. Wilson, Sheriff.
    (Decided June 29, 1906.)
    Error to Circuit Court of Stark county.

      Mr. Virgil P. Kline; Messrs. Welly & Albaugh; Mr. Austin Lynch; Mr. Wm. A. Lynch and Mr. Joseph M. Blake, for plaintiff in error.

      Mr. Charles C. 'TJpham, prosecuting attorney, and Mr. John W. Craine, for defendant in error.
   Judgment affirmed.

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


text:
    No. 10211.
    Miller v. Wilson, Sheriff.
    (Decided June 29, 1906.)
    Error to Circuit Court of Stark county.

      Mr. Virgil P. Kline; Messrs. Welty S Albaugh; Mr. Austin Lynch; Mr. W. A. Lynch and Mr. Joseph M. Blake, for plaintiff in error.

      Mr. Charles C. Upham, prosecuting attorney, and Mr. John W. Craine, for defendant in error.
   Judgment affirmed.

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