author: Wanamaker, J.

text:
    Tingue v. The State of Ohio.

      Limitation of word “obtain"—Section 13104, General Code—Question of variance between pleadings and proof—Immaterial matter in indictment—Mistrial for error must not be ordered, when.

    1. The word “obtain,” as used in Section 13104, General Code, is not limited to getting, securing or appropriating money of'property as owner. It includes as well the getting or. securing of money or property by way of a loan.
    2. Mere matter of unnecessary particularity or immaterial description contained in an indictment is not sufficient upon which to base a charge of variance between pleading and proof. Such variance must be based upon some essential element of the .offense, or some essential part of such element.
    3. A mistrial should n’o{ be ordered in a cause simply because some error has intervened. The error must prejudicially affect the •merits of the.case and the. substantial rights of one or both of the parties, and this is as true of the temporary absence of the judge as any other departure from due process of law during the trial of a cause.
    (No. 14507
    Decided June 26, 1914.)
    Error to the Court of Appeals of Tuscarawas county.
    Facts are stated in opinion.

      Messrs. Buchanan, Reed & Russell, for plaintiff in error.

      Mr. W. V. Wright, prosecuting attorney, for defendant in error. .
   Wanamaker, J.

Plaintiff in error was indicted by the grand jury of Tuscarawas, cduiity for obtaining money from one Alice M. Ohliger by false pretenses.

The indictment was in the usual form, save and except the'false pretenses pleaded and also certain uses to which the money was to be applied. That portion of the indictment relating to the false pretenses charged is in substance as follows: That said Edward W. Tingue, on the 17th day of May, 1910, in the county of Tuscarawas, with the intent unlawfully and feloniously to defraud one Alice M. Ohliger, did then and there unlawfully, feloniously and knowingly falsely pretend to her, the said Alice M. Ohliger, that he, the said Edward W. Tingue, was then' aiid there the owner of a large estate in the state of New York, worth $20,000, from which he received a large annual income; that he, the said Édward W. Tingue, was then and there the owner of other valuable property in the state of New York of the value of $17,000; that he, the said Edward W. Tingue, was then' and there the owner of valuable railroad stock in The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company; that he, tlie. said Edward W. Tingue, was then and there 'the owner of valuable stock in a woolen mill in the Dominion of Canada, which said woolen mill would be oí the value of $1,000,000 when completed, and that he, the said Edward W. Tingue, then and there had the right to sell and dispose of stock of the aforesaid woolen mill; that, by which said false pretenses, then and there made as aforesaid, said Alice M. Ohliger, then and there believing said false pretenses to be true, and relying and acting upon that belief, was induced, then and there to and did pay to the said Edward W. Tingue the sum of $1,500 in money of the personal property of the said Alice M. Ohliger to be by him, the said Edward W. 'Tingue, invested in said woolen mill stock in the name of her, the said Alice M. Ohliger.

It is admitted that the indictment negatived the truth of said false pretenses and also charged that' said Tingue well knew the said false pretenses to be false at the time of making the same.

A general demurrer was filed to the indictment, which was overruled and the defendant below excepted. A plea of riot guilty was then entered and the case proceeded to trial to a jury, resulting in a verdict of guilty. A motion for a new trial, containing some fourteen grounds, was then interposed by the defendant, which motion was by the court overruled, exceptions taken and sentence imposed. Thereupon the case proceeded on error to the court of appeals, which affirmed the judgment below, and to that judgment of affirmance error was prosecuted to this court to reverse the judgment below.

The first question to be determined is, Does the indictmerit charge the offense of “obtaining money by false pretenses?”

It is elementary that the elements of the offense aré provided by the statute.

Section 13104, General Code, reads as follows: “Whoever, by false pretense and with intent to defraud, obtains anything of value or procures the signature of another as maker; indorser or guarantor to a bond, bill, receipt, promissory note, draft, check or other evidence of indebtedness or whoever sells, barters or disposes of a bond, bill, receipt, promissory note,' draft or check or offers so to do, knowing the signature of the maker, indorser or guarantor thereof, to haye been obtained by false pretense, if the value of the property or instrument so procured, sold, bartered or disposed of, or offered to he sold, bartered or disposed of, is thirty-five dollars or more, shall be imprisoned in the penitentiary not less than one year nor more than three years, .or, if less than that sum, shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned not less than ten days nor more than sixty days, or .both.”

An examination of the indictment in connection with the statute clearly discloses that every essential element o.f the offense, both as provided by the statute and numerous decisions thereunder by this court, have been adequately pleaded, and that the demurrer, therefore, was rightly overruled.

Upon the trial the whole transaction between the parties was fully disclosed, both by .the prosecuting witness and the other witnesses to the transaction. Upon the evidence the defendant moved for a directed verdict in his favor upon the ground of variance between pleading and- proof. That variance he predicates, first, upon the word “obtains.” He claims that the evidence clearly shows that the prosecuting witness made the defendant her agent to receive the custody of $1,500 of her money to be invested by him in her name, and that, therefore, he did not acquire title or ownership over said $1,500. However, in order to commit the crime of obtaining money under false pretenses, it is not necessary to acquire title or ownership. One may acquire a mere loan of money by such false pretenses and commit an offense pursuant to the statute; Indeed, it would' be a most dangerous doctrine to permit men by falsely and fraudulently representing their financial standing, to secure a loan or credit and then hold that no crime had been committed by- false and fraudulent representations. * - . ,-

The word “obtain” means-just what it says, to get, to secure possession of. ■ It is used in the ordinary sense and has no technical meaning -beyond that.

The second alleged variance is predicated upon ■ the last three or four lines of the indictment, to-wit, “to be by him, the said Edward W. Tingue, invested in said woolen mill stock in the name of her., the said Alice M. Ohliger.” The prosecuting witness upon the stand testified that the money was paid to Tingue, not agreeable to this language of -the indictment but, upon the contrary, merely as a loan. ■Whereupon the defendant claims that this was ,a fatal variance, that the transactions are entirely different and that, therefore, the defendant should have been discharged at the close of the state’s evidence. What is a variance as known in criminal law and procedure?

Section 13582, General Code, reads.: “When,,on the trial of an indictment, there appears to be a variance between the statement in such indictment and the evidence offered in proof thereof, in the Christian name or surname, or both or other description of a person therein named or described or in the name or description of a matter or thing therein named or described, such variance shall not be ground for an acquittal of the defendant, unless the court before which the trial is had, finds that such variance is material to the merits of the case or may be prejudicial to the defendant.”

The provisions of this section are clear and conclusive, both upon the court and the defendant. The previous section, 13581, General Code, also throws much light upon what are material or immaterial matters in an indictment:

• “Sec. 13581. An indictment shall not be invalid, and the trial, judgment or other proceeding stayed, arrested or affected by the omission of the words ‘with force and arms,’ or words of similar import, or the words ‘as appears by the record/ or for omitting to state the time at which the offense was committed, in a case in which time’ is not of the essence of the offense; or for stating the time imperfectly; or for want of a statement of the. value or price of a matter or thing or the amount of damages or injury, where the value or price or the amount of damages or injury is not of the essence of the offense; or for the want of an allegation of the time or place of a material fact, when the time and place have once been stated therein; or that dates and numbers are represented by figures; or for an omission to allege that the grand jurors were impaneled, sworn or charged; or for surplusage or repugnant allegation when there is sufficient matter alleged to indicate the crime and person charged; or for want of averment of matter not necessary to be proved; or for other defects or imperfections which do not tend to prejudice the substantial rights of the defendant upon the merits.”

Under the proof the, trial judge held that the variance claimed was not material to the merits of the case and not prejudicial to the defendant. What is meant by the language, “not material to the merits of the case ?” Clearly it must relate to matters that need to be pleaded and proved by the state. That is, it relates to the elements of the offense. Mere matter of unnecessary particularity or description, being wholly unnecessary and immaterial, should not.affect the “merits of the case,” and cannot, therefore, be prejudicial to the defendant.

If the defendant Tingue obtained the money by false pretenses,. what possible interest could the state have, or anybody else, for any pleading or proving what he did with the money, because the crime had already been committed? Even had he returned the money to Mrs. Ohliger, the prosecuting witness, it would not wipe,out the crime any more than the thief by returning the money could wipe out. the theft. The variance relates to a matter of immaterial form rather than a material fact and could, therefore, in no way “prejudice the substantial rights of the defendant upon the merits.”

The court was right in overruling the motion of the defendant based upon the claimed variance between pleading and proof.

One other error is claimed by reason of which the judgment of the court below should be reversed. It is claimed by the defendant, and he has made an affidavit to that effect, that during the trial, while the arguments of counsel were being made, the trial judge was absent from the court room, and that, therefore, under the .< authority of Miller v. State, 73 Ohio St., 195; there was- a virtual dissolution of the court and--a mistrial, for which the defendant was in no way responsible* and that, therefore,, he should go acquit. • We are entirely content with the doctrine laid down in the Miller case* supra, but it will be noted that the third paragraph of ■ the. syllabus reads as follows: ,

“Where it is shown that a judge during a trial of one accused -of murder is so. far absent, and for such length of time, as to prevent-his control .of the conduct of the trial while the prosecuting attorney is making the last argument- to. the- jury, and during such absence that officer,, in the hearing of the jury, comments upon matters not in evidence and extraneous to the case, which are calculated to work serious prejudice to the defendant, and accuses the defendant’s counsel of conduct apart from the proceedings of the trial of a highly unprofessional or criminal character, such prejudice will be presumed as to require a reversal of the judgment.”

The whole doctrine is predicated upon the misconduct of counsel to the prejudice of the defendant during such absence.

The chief purpose of the presence of the judge while the arguments of counsel are being made to the jury is-to see to it that the procedure is regular, that the ethics of counsel shall be duly observed, that no unfair or unjust advantage shall be táken by one side as against the other and that, if objection be made to- misconduct of any counsel, there shall be a, judge present to entertain it and to'properly rule upon it.

Now, it is not claimed in this case that there was any misconduct of counsel during the argument nor anything else irregular or erroneous, except the mere temporary absence of the trial judge during a part of the argument and while said trial judge was preparing his charge to the jury. It does not appear from the record that there was any objection to such absence, nor that it resulted prejudicially in anywise to the defendant.

. Other errors are complained of, but we do not deem them of sufficient importance to discuss them in detail.

We find no error in the record and the judgment below is, therefore, affirmed.

Judgment affirmed.

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


source: Caselaw Access Project

author: By the Court.

license: Public Domain

text:
    The Jeffrey Manufacturing Co. v. Blagg, by etc.

      Constitutional law—Workmen’s compensation—JÓ2 O. L., 524-— Section 1465-37 et seq., General Code.

    (No. 14564
    Decided April 28, 1914.).
    Error to the Court of Appeals of Franklin county.
    The facts are stated in the opinion.

      Messrs. Arnold & Game and Mr. W. Wilson Carlisle, for plaintiff in error.

      Mr. Fred M. McSweeney and Messrs. Wilson & Rector, for defendant in error.
   By the Court.

This case was heard on a motion filed by the defendant in error to affirm the judgment of the court of appeals on the ground that the only question presented by the petition in error is that the Workmen’s Compensation Law (102 O. L., 524) is in some respects violative of the constitution of Ohio and of the 14th amendment of the constitution of the United States, which question has been decided by this court adversely to the claim of the plaintiff in error.

This action was commenced in the common pleas court of Franklin county to recover damages for injuries to Harry O. Blagg, a minor, while in the service of the plaintiff in error.

The petition alleged that the injury occurred to the plaintiff because of the placing of certain freight cars on a switch, with an opening left between them for the use of employes; that between the switch and a fence on the extreme south side of the lands of the defendant were two piles of lumber. The plaintiff had been directed by defendant to assist in removing the lumber to a point on the north side of the switch, and in so doing it was necessary, and plaintiff had been directed and instructed, to pass through the opening between the fourth and fifth cars on said switch. While he was doing so defendant caused to run against the car standing on the east end of the switch a cut of cars pushed by an engine, and plaintiff was caught and seriously injured. ' ,

' The ¡negligence alleged,-consisted in causing the cut of cars to be pushed upon and against the cars standing on the switch while the plaintiff was between .-the ¡ears, .in/failing,'to warn or notify the plaintiff .'.and in .having .an insufficient number of men-engagedin-ithe-¡handling, and switching of the cars.- it. v ...

-CThe-ariswer denied , negligence and alleged contributory ■ negligence on the part of the plaintiff. There was a verdict: and judgment for the plaintiff, ■which ;was affirmed - in the court .of appeals. ■. The cause -was brought here on error. . • ;

It was averred in-the'petition,,and-admitted-in the’ answer,• thitthe' defendant was employing.many mén-regulad-ly, in the same business,...in .and about the -same establishment, and had juot paid into the state insurance fund any, premium provided by ■the act of.-the general assembly of; O-hip,:known as the “Workmen’s Compensation Law,” .which was ■then in force. ■ ■ . ,.i;

’ The constitutionality of the act'.referred to.was attacked by-the defendant in error, in the. court below,' on the ground that by the terms of the act employers' employing five or more, workmen who 'do not take advantage-of its provisions, ■ are'deprived -im negligence cases of the defenses of negligence of' fellow servants, of assumed risk -and, of contributory negligence.

■ ■ The trial-court charged that the statute was,in force and operdtion at the time of the injuries complained of, and'that by virtue of its provisions all employers who emoloy five or more workmen regularly in the same business, or in or about the same establishment, and who do not pay into the state insurance fund the premium provided by the statute, shall be liable to the employes for dariiages suffered by reason of personal injuries sustained in the course of their employment caused by the wrongful act, neglect or default of the employer, and that in such action the defendant could not avail itself of the defenses referred to.

The statute referred to was held to be a valid enactment not repugnant to any provision of the state or federal constitutions in State, ex rel. Yaple, v. Creamer, 85 Ohio St., 349.

The question referred to is the only question to which our attention has been directed by the plaintiff in error, and it is conceded that its determination necessarily disposes of the case.

State, ex rel. Yaple, v. Creamer, supra, is approved and followed and the motion is, therefore, sustained.

Motion sustained, and judgment affirmed.

Nichols, C. J., Johns on, Donahue, Wanamaicer and Wilkin, JJ., concur,


text:
    No. 13641.
    Underwood et al. v. The Wilkins-Leonard Hardware Co. et al.
    Decided February 24, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. S. L. Clark, for plaintiffs in error.

      -Mr. M. C. McNab and Messrs. Kistler & Oesch, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13779.
    The Eldridge-Higgins Co. v. Markley.
    Decided February 24, 1914.
    Error to Circuit Court of Tuscarawas county.

      Messrs. Wilkin& Fernsell, for plaintiff in error.

      Mr. J. G. Patrick and Mr. W. I. Kinsey, for defendant in error,
   Judgment reversed.

Nichols, C. J., Shauck, Johnson, Wanamaker and Newman, TT.,.concur. Donahue and Wilkin, JJ., not participating, ,


text:
    No. 13842.
    The Cincinnati Traction Co. v. Hoffmann.
    Decided February 24, 1914.
    Error, to Circuit Court of Hamilton county.

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

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

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


text:
    No. 13844.
    The State, ex rel. Thatcher, v. Brough et al., Judges.
    Decided February 24, 1914.
    Error to Circuit Court of Lucas county.

      Mr. Charles A. Thatcher, P. P., and Mr. G. B. Keppel, ,. for plaintiff- in error.
   Judgment affirmed.

Shauck, Johnson, Donahue, Newman and Wilkin, JJ., concur. Nichols, C. J., not participating.


text:
    No. 13846.
    Snyder et al. v. The Lakewood Land & Improvement Co.
    Decided February 24, 1914.
    Error to Circuit Court of Cuyahoga county.

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

      Messrs. Lieghley & Stanley, for defendant in error.
    Journal entry: It appearing, however, that the plaintiff in error is entitled to occupy the stable upon this property as a place of temporary residence during the construction of such a residence building as is provided for in the contract, provided such residence is constructed within a reasonable time, it is further ordered and adjudged by this court, that the judgtnent of the cgmpiop pleas, court gnd the circuit court, affirming same, be modified to the extent that the judgment of the common pleas court shall take effect and be in force from and after the first day of September, 1914, and as so modified said judgment of the common pleas court and the circuit court, affirming same, be, and the same is hereby, affirmed. —Reporter. :.
   Judgment affirmed. Plaintiffs in error ordered to permanently vacate structure by September 1, 1914.

Nichols, C. J., Johnson> Donahue, .Wai<rAr maker, Newman and Wilkin, JJ., concur.


text:
    No. 13867.
    Smith et al. v. Gearhart et al.
    Decided February 24, 1914.
    Error to- Circuit Court of Crawford county.

      Messrs. Finley & Gal-linger, for plaintiffs in error.

      Mr..R. V. Sears and Mr. Benjamin Meek, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13980.
    Myers, County Treasurer, et al. v. Munz et al.
    Decided February 24, 1914
    Error to Circuit Court of Cuyahoga county.

      •Messrs. Green, Zmunf & Zmunf and Mr. John A. Ctine, for plaintiffs in .error.

      Mr. M. W. Beacom, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14185.
    Park v. Jackson.
    Decided February 24, 1914.
    Error to Court of Appeals of Ma-honing county.

      Mr. James Kennedy ,and. Mr. Charles Koonce, Jr., for plaintiff in error.

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

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


text:
    No. 14206.
    The F.-P. Construction Co. v. Akar.
    Decided February 24, 1914.
    Error to Court of Appeals of Cuyahoga county.

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

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

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


text:
    No. 14209.
    The Columbus Railway & Light Co. v. McGinn.
    Decided February 24, 1914.
    Error to Court of Appeals of Franklin county.

      Messrs. Booth, Keating, Peters & Pomerene, for plaintiff in error.

      Messrs. Belcher & Connor, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14222.
    City of Akron v. Roth.
    Decided February 24, 1914.
    Error to, Court of Appeals, of Summit county.

      Mr. Jonathan Taylor, city solicitor,-for plaintiff in error.

      Mr. J. A. JCoh-ler. and Mr. Wr- R. Talbot, for defendant in error.
   Judgment affirmed..

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


text:
    No. 14276.
    Geiger v. The Christian Moerlein Brewing Co.
    Decided February 24, 1914.
    Error to Court, of Appeals of Hamilton county.

      Mr. Arthur M. Spiegel and Mr. Thomas L. Michie, for plaintiff in error.

      .Messrs.- Worthington & Strong, for defendant in error.
   Judgment affirmed and cause remanded.

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


text:
    No. 13614.
    Kober, Mayor, v. Alexander.
    Decided March 3, 1914.
    Error to Circuit Court of Madison county.

      Messrs. Badger & Ulrey; Mr. Chas. A. Leach and Mr. Z. D. Fisher, for plaintiff in error.

      Mr. John Logan, for defendant in error.
   Judgment of the circuit court reversed and final judgment for plaintiff in error.

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


text:
    No. 13644.
    Prentice v. Prentice, Admr., et al.
    Decided March 3, 1914.
    Error to Circuff Court of Portage county.

      Messrs. Siddall Sr Hanselman, for plaintiff in error.

      Messrs. Webb Sr Webb; Mr'. A. S. Cole and Mr. W. J. Beckley, for defendants in error.
   Judgment of the circuit court reversed and judgment for plaintiff in error. See journal entry.

This court finds that the said circuit court erred in its finding and decree that the claims of the said Elmer E. Prentice, Administrator, and Anna M. Carpenter, Administratrix, were each of them a lien on the premises of the plaintiff in error which were described in the answers and cross-petitions of the said defendants in error. Coming now to render the judgment that the said circuit court should have rendered, it is hereby ordered and adjudged that the -answers and cross-petitions of the said Elmer E. Prentice, Administrator, and Anna M. Carpenter, Administratrix, be, and the same are hereby, dismissed.

It is further ordered that the plaintiff in error recover of the said defendants in error her costs herein and in the courts below.

And this cause is remanded to the court of appeals for further proceedings according to law.

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


text:
    No. 13646.
    Boyd v. Ebert, Exr.
    Decided March 3, 1914.
    Error to Circuit Court of Trumbull county.

      Messrs. Fillius & Fillius, for plaintiff in error.

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

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


text:
    No. 13786.
    Woolley v. The Cincinnati, Hamilton & Dayton Ry. Co.
    Decided March 3, 1914.
    Error to Circuit Court of Shelby county.

      Mr: Charles C. Hall; Mr. Percy R. Taylor and Mr. S. A. Hoskins, for plaintiff in error.

      Mr. Morison R. Waite and Mr. J. D. Barnes, for defendant in error.
    Journal entry: This court finds that the said circuit court was correct in its finding that the court of common pleas erred on the trial of said cause in refusing and failing to give special charge No. 9, as follows: “I charge you that it was plaintiff Woolley’s duty to exercise reasonable care to discover an approaching train continued until he was over the crossing and the danger was passed, arid if you find he made no further effort to ascertain whether a train was approaching than to stop and look, when sixty feet from the main track, he was guilty of negligence contributing to his injuries and cannot recover.” But this court finds that the circuit court erred in sustaining the motion of the said railroad company, defendant in error herein, for final judgment in its favor and in entering such judgment. And coming now to render the judgment that the circuit court should have rendered, it is hereby'ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas for further proceedings according to law.—Reporter.
   Judgment of the circuit court, reversing the judgment of the court of common pleas, affirmed ; judgment of the circuit court rendering final judgment for defendant in error, reversed. Cause remanded.

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


text:
    No. 13843.
    Tabler, Admx., v. Heffner, Exr., et al.
    Decided March 3, 1914.
    Error to Circuit Court of Allen county.

      Mr. T. R. Hamilton, for Uaintiff in error.

      Mr. W. H. Leete and Messrs. Zurmehly & Hall, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13873.
    Shealy et al. v. Ross et al.
    Decided March 3, 1914.
    Error to Circuit Court of Crawford county.

      Messrs. Finley & Gallinger, for plaintiffs in error.

      Mr. L. C. Feighner; Mr. Anson Wickham and Messrs. Scroggs & Monnett, for defendants in error.
   Judgment of the circuit court reversed and original petition dismissed.

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


text:
    No. 13890.
    Simpson et al. v. LeSourd et al.
    Decided March 3, 1914.
    Error to Circuit Court of Logan county.

      Messrs. West & Chamberlin, for plaintiffs in error.

      Messrs. Hamilton Brothers; Mr. A. Jay Miller and Mr. Wm. W. Riddle, for defendants in error.
   Judgment of the circuit court reversed and that of the common pleas court affirmed.

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


text:
    No. 13899.
    Blank v. John Raum & Co.
    Decided March 3, 1914.
    Error to Circuit Court of Hamilton county.

      Mr. Charles M. Cist and Mr. Frank Cist, for plaintiff in error.

      Mr. Edward F. Alexander, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13900.
    Zender v. Bookwalter.
    Decided March 3, 1914.
    Error to Circuit Court of Wyandot county.

      Messrs. Carter, Carter & Carter and Mr. H. G. Chambers, for plaintiff in error.

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

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


text:
    No. 13906.
    Doepke et al., Exrs., v. The E. G. Nave Brothers Co.
    Decided March 3, 1914.
    Error,.tp Circuit Court of Hamilton county.

      Mr. Froome Morris, for plaintiffs in error.

      Mr. John Nifhols, and Messrs. Bannon & Bannon, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13910.
    The McPherson Realty Co. v. Sunnafrank et al.
    Decided March 3, 1914.
    Error to Circuit Court of Guernsey count}'.

      Messrs. Matthews & Matthews, for plaintiff in error.

      Mr. Robert T. Scott and Mr. W. W. Stezvart, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13911.
    Whitney et al. v. Houran.
    Decided March 3, 1914.
    Error to Circuit Court of Huron county.

      Messrs. Andrezvs & Pruner, for plaintiffs in error.

      Messrs. C. P. & R. D. Wickham, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13924.
    Schlientz et al., Partners as Fred Schlientz & Sons, v. Pfarrius, doing business as E. Pfarrius & Co.
    Decided March 3, 1914.
    Error to Circuit Court of Preble county.

      Messrs. Risinger & Risinger, for plaintiffs in'error.

      Messrs. Watson, Stouffer, Davis & Gearhart and Messrs. Gilmore & Saylor, for defendant in error!
   Judgment affirmed.

Nichols, C. J.; 'Joíínson, Donahue, Wanamaker,' Newman and-Wilkin, JJ., concur. ■


text:
    No. 13929.
    Martindale v. Turner et al.
    Decided March 3, 1914.
    Error to Circuit Court of Scioto county.
    Mr. William J. Meyer and Messrs. Bannon & Bannon, for plaintiff in error.

      Mr. Wm. B. Grice and Mr. Alex. C. Woodrow, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13931.
    City of Zanesville v. Petrovitzky.
    Decided March 3, 1914.
    Error to Circuit Court of Muskingum county.

      Mr. T. 'F. Thompson, for plaintiff in error.

      Mr. Perry Smith' and Mr. Edw. R. Meyer, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14197.
    The State of Ohio v. Flynn.
    Decided March 3, 1914.
    Error to Court of Appeals of Allen county.

      Mr. James J. Weadock, prosecuting attorney, for plaintiff in error.

      Messrs. Armstrong, Light &. Shappell, for defendant in error.
   Remanded to the court of appeals of Allen county .with directions to that court to state in.its journal entry its- grounds for reversal of the judgment of the court. of common pleas.

Nichols, C. J., Shauck, Johnson, Donai-iue, Wanamaker, Newman and Wilktn, JJ., concur.


text:
    No. 12636.
    Perry et al. v. The State, ex rel. Blosser, Prosecuting Attorney.
    Error to Circuit Court of Ross county.

      Mr. John P. Phillips, for plaintiffs in error.

      Mr. Peter J. Blosser, prosecuting attorney, and Mr. Elijah Cutright, Jr., for defendant in errofi.
    On March 3, 1914, the court made the following entry on its journal.—Reporter.
   This day this cause came on to be heard upon the motion of defendant in error for modifications of former entry and decree of this court [Dated November 19, 1912, 87 Ohio St., 477] by stating the reasons of the court for affirming the judgment of the circuit court, upon consideration whereof said motion is .allowed, and it is ordered that, the following be added to the decree heretofore entered in this cause and made a part thereof, and that said original entry and the following shall be read together as one entry in said decree, which additional entry is in the words and figures following to-wit: Said judgment of circuit court is affirmed for the reason that it appears from the petition and the bond copied in the petition, that Millard F. Partee was on the 7th day of November, A. D. 1905, duly elected to the office of county treasurer of Ross county, Ohio, to hold his office for two years from the first Monday in September next after his said election and until his successor is chosen and qualified; that said bond was given to cover the term for which he was elected, which was for two years next after the first Monday in September, 1906, and until his successor should be chosen and qualified. It further appears from the petition that the said Millard F. Partee did continue to hold and exercise the duties of said office as treasurer of Ross county under said election until the first Monday in September, A. D. 1909, when his office terminated by the qualification of his successor, and that the default averred in the petition occurred during the time he so held said office, and during the time covered by the bond herein sued upon.


text:
    No. 13652.
    Louisville & Nashville Rd. Co. v. The David B. Sachs Pants Co.
    Decided March 10, 1914.
    Error to Circuit Court of Hamilton county.

      Messrs. Kinkead & Rogers, for plaintiff in error.

      Mr. Horace A. Reeve axíá-Messrs. Burch, Peters, Oppenheimer & Connolly, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13653.
    The Portage Park Land Co. v. Burch et al.
    Decided March 19, 1914.
    Error to Circuit Court of Summit county.

      Messrs. Stuart & Stuart, for plaintiff in error.

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

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


text:
    No. 13658.
    The Canton-Hughes Pump Co. v. Eckenweiler.
    Decided March 10, 1914.
    Error to Circuit Court of Stark county.

      Mr. J. A. Jeffers and Messrs. Pomerene, Ambler & Pomerene, for plaintiff in error.

      Mr. J. B. Snyder and Mr. J. W. Craine. for defendant in error.
   Judgment affirmed.

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


text:
    No. 13665.
    Yesbera et al. v. Crouse et al.
    Decided March 10, 1914.
    Error to Circuit Court of Lucas county.

      Mr. Julian H. Tyler, for plaintiffs in error.

      Messrs. Kohn, Northup & Morgan and Messrs. Schaufelberger & Seeley, foj* defendants in error.-
   Judgment affirmed.

Nichols, C. J., Johnson, Donahue, Wanamaker and Newman, JJ., conqtir. ......


text:
    No. 13674.
    Lane, Admx., v. The Youngstown Sheet & Tube Co.
    Decided March 10, 1914.
    Error to Circuit Court of Mahoning county.

      Messrs. W. S. Anderson & Son,- for plaintiff in error.

      Messrs. Hine, Kennedy & Manchester, for defendant in error.
    Judgment affirmed. Nichols, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13675.
    Baldwin v. The Pittsburgh, Painesville & Fairport Rd. Co.
    Decided March 10, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. Frank L. Baldzvin, for plaintiff- in error.

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

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


text:
    No. 13683.
    Mango et al., as Gialdini & Co., v. The East Ohio Gas Co.
    Decided March 10, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. Thomas McNamara, Jr., and Mr. Charles Koonce, Jr., for plaintiffs in error.

      Mr. S. D. L. Jackson, for defendant in error.
   Judgment reversed. See journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby iSj reversed; and the court coming now to render the judgment that the circuit court should have rendered, it is hereby ordered and adjudged that the judgment of the common pleas court in this cause be, and the same is hereby, reversed for error in directing a verdict for the defendant, and said cause is remanded to the common pleas court for further proceedings and trial according to law.

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


text:
    No. 13684.
    Winski v. The Shawnee Fire Insurance Co.
    Decided March 10, 1914.
    Error to Circuit Court of Jefferson county.

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

      Mr. J. W. Mooney; Mr. R. M. Edmonds and Mr. Marshall N. Duval, for defendant in error.
   Judgment affirmed.

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


text:
    No 13936.
    The National Coal Co. v. Norman.
    Decided March 10, 1914.
    Error to Circuit Court of Guernsey county.

      Mr. Robert T. Scott, for plaintiff in error.

      Messrs. Sheppard & Eagle-

      son, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13939.
    The Haas Clothing Co. v. Haldeman.
    Decided March 10, 1914.
    Error to Circuit Court of Scioto county.

      Messrs. Bannon & Bannon, for plaintiff in error.

      Mr. Geo. M. Osborn, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13941.
    Tobin v. Bates et al.
    Decided March 10, 1914.
    Error to Circuit Court of Summit county.

      Messrs. Rowley, Mather & Eagle son, for plaintiff in error.

      Messrs. Slabaugh, Seiberling & Huber; Mr. E. J. Rockzvell and Mr. C. T. Grant, for defendants in error.
   Judgment of the circuit court reversed and that of the common pleas court affirmed. See 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 coming now to render the judgment which the said circuit court should have rendered, it is hereby ordered and. adjudged that the judgment -of the court of common pleas in said cause be, and the same is hereby, affirmed.

(April 14, 1914). It is ordered that the entry heretofore made in the above entitled cause dated .March 10, 1914, journal 26, page 393, be and Jldé same hereby is supplemented by inserting therein, as a part thereof, immediately, after “and the same is hereby affirmed” the following: “the court being of the opinion that the board of county commissioners had no authority to vacate that part of Orange avenue in Portage township sought to be vacated for the reason that said board never acquired any jurisdiction over said portion of said avenue.”

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


text:
    No. 13942.
    Reeves v. Kuen, doing business as The Modern Specialty Co.
    Decided March 10, 1914.
    Error to Circuit Court of Butler county.

      Mr. E. E. Williams and Messrs. Slayback & Harr, for plaintiff in error.

      Messrs. Cobb, Howard & Bailey; Mr. Henry L. Rockel and Mr. Sam D. Fitton, Jr., for defendant in error.
   Judgment affirmed.

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


text:
    No. 13945.
    In re Assignment of McCollister.
    Decided March 10, 1914.
    Error to Circuit Court of Pickaway county.

      Messrs. Bolin & Bolin, for plaintiffs in error.

      Mr. Milt Morris and Mr. Charles H. May, for defendants in error.
   Judgment of the circuit court reversed; final judgment for plaintiffs in error. See 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; this court finds that from the undisputed facts in the case the said assignor is entitled to the sum of $400, being balance on the sum of $500 due and claimed by him in lieu of homestead exemption, and that the said sum is a preferred claim against the funds in the hands of said assignees. •

The court further finds that the sum of $1875.43, being the amount of the claim filed by. John N. McCollister, who has since the beginning of these proceedings arrived at the age of majority, is a valid, subsisting and preferred claim against the funds in the hands of said assignees-.

Coming now to render the judgment that the court of common pleas should have rendered,, it is hereby ordered and adjudged that the said assignees pay to the said assignor the said sum of $400 in lieu of homestead exemption and to John N. McCollister the sum of $1875.43, with interest from August 11, 1911, and that they make distribution of the balance of said fund according to law.

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


text:
    No. 13954.
    Boose v. Collins.
    Decided March 10, 1914.
    Error to Circuit Court of Allen county.

      Messrs. Roby & McLaughlin and Mr. W. H. Leete, for plaintiff in error.

      Messrs. O’Connor & O’Con-nor and Messrs. Halfhill, Quail & Kirk, for defendant in error.
   Judgment "affirmed.

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


text:
    No. 13972.
    The City of St. Marys et al. v. The City of St. Marys, by etc.
    Decided March 10, 1914.
    Error to Circuit Court of Auglaize county.

      Mr. Geo. H. Phelps, for plaintiffs in error.

      Mr. Harry P. Wiltenbrink and Mr. Anthony Culliton, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13977.
    Pavey et al. v. Pavey.
    Decided March 10, 1914.
    Error to Circuit Court of -Highland county.

      Messrs. Wilson & McBride, for pláintiffs in error.

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

Nichols,- :C. J., Shauck, Johnson, Donahue; ■ ' Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13672.
    Goeppinger, a Taxpayer, etc., v. The City of Youngstown et al.
    Decided March 17, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. Charles Fillius; Mr. George T. Fillius and Mr. E. H. Moore, for -plaintiff in error.•

      Mr. David G. Jenkins, city solicitor, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13685.
    The State, ex rel. Schmuck, v. The Hamilton County Society for the Prevention of Cruelty to Animals.
    Decided March 17, 1914.
    Error to Circuit Court of Hamilton county.

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

      Mr. H. C. Bolsinger and Messrs. Pogue & Pogue, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13686.
    Bronson v. The Novelty Stamping Co.
    Decided March 17, 1914.
    Error to Circuit Court of Belmont county.

      Mr. E. J. Pinney and Mr. Gordon D. Kinder, for plaintiff in error.

      Mr. E. E. Clevenger; Mr. Albert W. Kennon and Mr. Newell K. Kennon, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13756.
    Lockwood et al., Partners as The Lockwood Manufacturing Co., v. The Aetna Life Insurance Co.
    Decided March 17, 1914.
    Error to Circuit Court of Hamilton county.

      Mr. T. C. Jung and Messrs. Robertson & Buchzvalter, for plaintiffs in error.

      Messrs. Paxton. Warrington & Seasongood and Mr. Wm. B. Porter, Jr., for defendant in error.
   Judgment reversed. See journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court reversing the judgment of the common pleas court is affirmed, and that part of the judgment of the circuit court rendering final judgment in favor of the defendant in error and dismissing the petition of .plaintiffs in error at their' cost be, and the same hereby is, reversed, and this cause is remanded to the court of common pleas of Hamilton county for new trial and further proceedings according to law.

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


text:
    No. 13978.
    Golden v. Payne et al.
    Decided March 17, 1914.
    Error to Circuit Court of Lawrence county.

      Mr. Osbert E. Irish, for plaintiff, in error.

      Mr. A. R. Johnson and Mr. Dan C. Jones, for defendants in error.
   Judgment reversed. See

journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed for error of the circuit court in affirming the judgment of the common pleas court, and this court coming now to render the judgment that the circuit court should have rendered, it is hereby ordered, adjudged and decreed, that the judgment of the common pleas court in this cause be, and the same hereby is, reversed for the following errors:

1. In the exclusion of testimony tending, to show the good faith of plaintiff in error, in suspending or removing the defendant in error from offi.ce.

2. There is not sufficient evidence in this record tending to sustain the plaintiff’s petition as to malice on the part of defendant in error. . . ,

3. For error of the court in its charge to the jury as to the facts necessary to be proven by a preponderance of the evidence to entitle plaintiff in this suit to recover on the cause of action stated in his petition.

4. For error of the court in its charge to the jury as to the measure of damages. Before the amount of salary he would have earned as such officer can be included in the damages allowed by the jury in this case, it must appear from the evidence that plaintiff has lost this salary, and has no legal right of action therefor against his employer, the city of Ironton, Ohio.

Nichols, C. J:, Shaucic, Johnson, Donahue, Wanamaker, Newman and Wilicin, JJ., concur.


text:
    No. 13979.
    The Bigalow Fruit Co. v. Huxley.
    Decided March 17, 1914.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. Howard A. Couse, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13997.
    The New York, Chicago & St. Louis Rd. Co. v. Stohl.
    Decided March 17, 1914.
    Error to Circuit Court of Seneca county.

      Mr. Frank B. Carpenter and Messrs. Dore & Dore, for plaintiff in error.

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

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


text:
    No. 14011.
    Myers et al. v. Kryder.
    Decided March 17, 1914.
    Error to Circuit Court of Summit county.

      -Mr. Carl M. Myers and Mr. A. L). Metz, for plaintiffs in error.

      Messrs. Musser, Kimber & Huffman and Mr. W. F..Fouse, for defendant in error.
   . Judgment affirmed.

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


text:
    No. 14012.
    Kaufman v. Livingstone.
    Decided March 17, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. Joseph Friedman and Mr. Ensign N. Brown, for plaintiff in error.

      Mr. L. L. George, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14020.
    Hopple v. Lowry.
    Decided March 17, 1914.
    -Error to Circuit Court of Trumbull county.

      Messrs. Fillius & Fillius and Messrs. Royer & Spitler, for plaintiff in error.

      Messrs. Gillmer, Gillmer & Gillmer, fop defendant in error.
   Judgment affirmed.

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


text:
    No. 14039.
    The Sheridan-Kirk Contract Co. v. Ware et al., Partners as F. R. Ware & Sons.
    Decided March 17, 1914.
    Error to Court of Appeals of Hamilton county.

      Mr. Milton Sayler and Messrs. Horstman & Horstman, for plaintiff in error.

      Mr. Charles W. Baker and Mr. Charles M. Leslie, for defendants in error.
   Judgment'affirmed.

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


text:
    No. 13687.
    Shuler et al. v. Galloway, Admr., et al.
    Decided March 24, 1914.
    Error to Circuit Court of Butler county.

      Messrs. Shotts & Millikin, for plaintiffs in error.

      Mr. Edgar A. Belden and Messrs. Giffen & Haines, for defendants in error.
   Judgment affirmed.

Nichols, C. J., Siiauck, Johnson, Donai-iue, Wanamaicer, Newman and Wilkin, JJ., concur.


text:
    No. 13694.
    The City of Akron v. The Peterson & Wright Co.
    Decided March 24, 1914.
    Error to Circuit Court of Summit county.

      Mr. Jonathan Taylor, city solicitor; Mr. R. L. Kryder and Mr. S. D. Kenfield, assistant city solicitors, for plaintiff in error.

      Mr. C. H. Curtiss, for defendant in error.
   Judgment reversed and judgment for plaintiff in error.

Nichols, C. J., Shaucic, Johnson, Donai-iue and Wilkin, JJ., concur. Wanamaker, J., not participating.


text:
    No. 13698.
    The Board of County Commissioners of Knox County v. Merriman.
    Decided March 24, 1914.
    Error to Circuit Court of Knox county.

      Mr. L. T. Cromley, for plaintiffs in error.

      Messrs. Owen & Carr, for defendant in error,
   Judgment affirmed.

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


text:
    No. 13711.
    Whaling v. Welbon.
    Decided March 24, 1914.
    Error to Circuit Court of Hamilton county.

      Mr. David Davis and Mr. Frank E. Wood, for plaintiff in error.

      Messrs. Ernst, Cassatt & Cottle, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13965.
    Gilbert v. Eigner.
    Decided March 24, 1914.
    Error to Circuit Court of Portage county.

      Messrs. Siddall & Hanselman, for plaintiff in error.

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

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed; upon the first error assigned by the circuit court for reversal of the judgment, to-wit: That “the court erred in sustaining questions propounded to Peter W. Eigner, as follows : What do you say as to what the usual, ordinary commission is for the sale of secondhand electric machines?’ and also, What would you say it was?’ ” This court finds from the record that no other error intervened in the trial of said cause in the common pleas court.

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


text:
    No. 13975.
    In the Matter of Exceptions to Final Account of Campbell, Exr.
    Decided March 24, 1914.
    Error to Circuit Court of Ash-land county.

      Mr. H. A. Market; Mr, J. E. Rieger and Messrs. Chapman & Taggart, for plaintiff ip error.

      Mr. R, M. Campbell and Mr. W. S. Kerr, for defendant in error.
   Judgment, affirmed..

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


text:
    No. 14026.
    Burgert v. Berger et al.
    Decided March 24, 1914.
    Error to Circuit Court of Stark county.

      Messrs. Braucher & Sweitser, for plaintiff in error.

      Mr. U. S. Johnston, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14035.
    Guerin v. The E. A. Kinsey Co. et al.
    Decided March 24, 1914.
    Error to Circuit Court of Franklin county.

      Messrs. King & Ramsey and Mr. Smith W. Bennett, for plaintiff in error.

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

Shauck, Donahue, ' Newman and Wilkin, JJ., concur. Wanamaker, J., dissents. —--


text:
    No. 14036.
    Copeland v. Smalley et al.
    Decided March 24, 1914.
    Error to Circuit Court of Adams county.

      Mr. Nelson W. Evans and Mr. Carey E. Robuck, for plaintiff in error.

      Messrs. Stephenson & Mahaffey and Mr. Joseph W. Bagby, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14043.
    Foster v. Cox et al.
    Decided March 24, 1914.
    Error to Court of Appeals of Cuyahoga county.

      Messrs. Foster & Foster, W plaintiff in error.

      Messrs. White, Johnson, Cannon &' Neff, for defendants in error.
   Judgment of the court of appeals reversed and that of the common pleas court affirmed.

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


text:
    No. 14044.
    McGavin, Admx., v. The William Tod Co.
    Decided March 24, 1914.
    Error to Circuit Court of Mahoning county.

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

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

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


text:
    No. 14045.
    Kline v. Pinto.
    Decided March 24, 1914.
    Error to Circuit Court of Ross county.

      Mr. Frank P. FJinton and Mr. Barton Walters, for plaintiff in error.

      Mr. Elijah Cutright, Jr., and Mr. E. A. Tinker, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14046.
    DeFranco v. Bifaro.
    Decided March 24, 1914.
    Error to Circuit Court of Cuyahoga county.

      Mr. Clement V. Hull, for plaintiff in error.

      Messrs. Chapman, Howland & Niman and Mr. L. W. Wickham, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14057.
    Hogan v. Fazzio.
    Decided March 24, 1914.
    Error to Court of Appeals of Cuyahoga county.

      Messrs. Wing, Myler & Turney, for plaintiff in error.

      Mr. David B. Carpenter, for defendant in error.
   Judgment reversed.

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


text:
    No. 14058.
    Bejac v. The Cleveland, Painesville & Eastern Rd. Co.
    Decided March 24, 1914.
    Error to Circuit Court of Cuyahoga county.

      Messrs. Keeler & Pattison and Mr. F. S. Taylor, for plaintiff in error.

      Messrs. Tolies, Hogsett, Ginn & Morley, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14067.
    The Manhattan Life Insurance Co. v. Halstead, Admx.
    Decided March 24, 1914.
    Error to Court of Appeals of Plamilton county.

      Messrs. Maxwell & Ramsey, for plaintiff in error.

      Messrs. Robertson & Buchzvalter and Mr. Ben. B. Dale, for defendant in error.
    Journal entry: It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, modified by allowing as a credit on the judgment rendered in favor of defendant in error the sum of $455.40 being the premium due January 9, 1908, with interest thereon from said January 9, 1908, and it is ordered and adjudged that the judgment of said court of appeals as modified be and the same hereby is affirmed.—Reporter.
   Judgment of the court of appeals modified, and affirmed as modified.

Nichols, C. J., Johnson, Donahue, Wanamaker, Newman' and Wilkín; JJ., concur.


text:
    No. 14070.
    Walsh v. The Cleveland, Cincinnati, Chicago & St. Louis Ry. Co.
    Decided March 24, 1914.
    Error to Circuit Court of Clark county.

      Mr. John L. Timmerman; Mr. M. Ray. Weikart and Mr. Charles B. Zimmerman, for plaintiff in error.

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

Nichols; G;\J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.


text:
    No. 13707.
    Champney et al. v. Braun.
    Decided March 31, 1914.
    Error to Circuit Court of Lorain county.

      Mr. Q. A. Gilmore; Messrs. Squire, Sanders & Dempsey; Mr. H. G. Redington and Mr. H. M. Redington, for plaintiffs in error.

      Mr. A. R. Webber and Mr, C- A. Metcalf, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13710.
    McKinnie et al. v. Hanni et al., County Commissioners of Mahoning County.
    Decided March 31, 1914.
    Error to Circuit Court of Mahoning county.

      Mr. William T.- Gibson and Mr". Charles Koonce, Jr., for plaintiffs in error.

      Messrs. Hiñe, Kennedy & Manchester and Mr. Andrew M: Henderson, prosecuting attorney, for defendants in-error.
   Judgment-affirmed.

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


text:
    No. 13713.
    Murphy v. The Standard Life & Accident Insurance Co.
    Decided March 31, 1914.
    Error to Circuit Court of Franklin county.

      Messrs. Pugh & Pugh, for plaintiff in error.

      Messrs. Booth, Keating, Peters & Pomerene, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13715.
    The Western & Southern Life Insurance Co. v. Selzer.
    Decided March 31, 1914.
    Error to Circuit Court of Cuyahoga county.

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

      Mr. Walter C. Ong, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13717.
    Hastings et al. v. The Toledo Railway & Terminal Co.
    Decided March 31, 1914.
    Error to Circuit Court of Lucas county.

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

      Messrs. Potter & Carroll and Mr. Chas. G. Cunningham, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13719.
    Pugh v. Meiser et al.
    Decided March 31, 1914.
    Error to Circuit Court of Franklin county.

      Mr. Thos. M. Sherman, for plaintiff in error.

      Messrs. Webber, McCoy, Jones & Schoedinger and Mr. Thos. A. Conion, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13721.
    Watelsky, Sive & Co. v. Lanich.
    Decided March 31, 1914.
    Error to Circuit Court of Hamilton county.

      Mr. Moses Ruskin and Mr. /. L. Kohl, for plaintiff in errar.

      Mr. John Al' Deasy, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13727.
    The Bronson Kalamazoo Portland Cement Co. et al. v. The Second National Bank of St. Clairsville, Ohio.
    Decided March 31, 1914.
    Error to Circuit Court of Summit county.

      Messrs. Musser, Kirnber & Huffman, for plaintiffs in error.

      Messrs. Reed & Eichelbérger and Mr. Scott D. Kenfield, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13780.
    Ware, Gdn., v. Jones.
    Decided March 31, 1914.
    Error to Circuit Court of Fayeitte county.

      Mr. George H. Jones and Mr. Joseph H. Harper, for plaintiff in error.

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

Nichols, C. J., Johnson, Wanamaker and' Newman, JJ., concur; '


text:
    No. 13850.
    Wise et al. v. Brenneman et al.
    Decided March 31, 1914.
    Error to Circuit Court of Wayne county.

      Mr. F. E. Whittemore; Mr. W. Oliver Wise and Mr. Frank Taggart, for plaintiffs in error.

      Mr. James B. Taylor and Mr. W. Oliver Wise, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13934.
    Munk et al. v. Myers et al.
    Decided March 31, 1914.
    Error to Circuit Court of Franklin county.

      Mr. Charle $ J. Pretsman and Messrs. Thomas & Hays, for plaintiffs in error.

      Mr. C. M. Addison, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14076.
    Harper v. Courtright.
    Decided March 31, 1914.
    Error to Circuit Court of Franklin county.

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

      Mr. Moses Branson Earnhart, for defendant in error.
   Judgment of the circuit court reversed and that-of the common pleas court affirmed.

Nichols, C. J., Spiauck, Johnson, Wanamaker and Wilkin, JJ., concur.


text:
    No. 14077.
    Hoisington et al. v. Eby, County Auditor, et al.
    Decided March 31, 1914.
    Error to Circuit Court of Champaign county.

      Messrs. Johnson & Miller, for plaintiffs in error.

      Mr. S. S. Deaton and Messrs. Owen & Ware, for defendants in error.
   Judgment of the circuit court reversed. Judgment for plaintiffs in error.

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


text:
    No. 14082.
    Hughes v. Olnhausen.
    Decided March 31, 1914.
    Error to Court of Appeals of Franklin county.

      Mr. H. O. Mosier and Mr. Carl H. Bates, for plaintiff in error.

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

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


text:
    No. 14089.
    Mitchell et al. v. Bailey.
    Decided March 31, 1914.
    Error to Circuit Court of Preble county.

      Messrs. Risinger & Risinger and Messrs: Fisher & Crisler, for plaintiffs in error.

      Mr. W. A. Neal and Mr. E. P. Vaughan, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14093.
    Elworthy v. The Taylor Land & Improvement Co.
    Decided March 31, 1914.
    Error to Circuit Court of Cuyahoga county.

      Messrs. White & Crosser, for plaintiff in error.

      Mr. John W. Taylor, for defendant'in error.
   Judgment affirmed.

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


text:
    No. 14095.
    The Board of County Commissioners of Paulding County et al. v. Hasch et al.
    Decided March 31, 1914.
    Error to Circuit Court of Paulding county.
    It is, therefore, ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is, hereby affirmed.—Reporter.

      Mr. E. L. Savage, prosecuting attorney; Mr. W. F. Corbett and Mr. W. H. Snook, for plaintiffs in error.

      Messrs. Snook & Wilcox and Mr. R. H. Sutphen, for defendants in error.
   Judgment affirmed.

Journal entry: This court finds that the commissioners are without lawful authority to make the improvement of the' roads and laterals described and set out in the petition of the plaintiff below filed in the court of common pleas of Paulding county, Ohio, as referred to in the finding of facts made by the circuit court, in one proceeding.

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


text:
    No. 14096.
    Hasch et al. v. The Board of County Commissioners of Paulding County et al.
    Decided March 31, 1914.
    Error to Circuit Court of Paulding county.

      Messrs. Snook Sr. Wilcox and Mr. R. H. Sutphen, for plaintiffs in error.

      Mr. E. L. Savage, prosecuting attorney; Mr, W. F. Corbett and Mr. W. FI. Snook, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14110.
    Boggan v. Hagen.
    Decided March 31, 1914.
    Error to Circuit Court of Clark county.

      Mr. John M. Cole, for plaintiff in error.

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

Nichols, C J.,'Shauck, Donahue, Wanamaker, Newman and Wilkin, JJ., concur. Johnson, J., not participating. ' ■ ’ : ‘ ■


text:
    No. 14111.
    Boggan v. Hagen.
    Decided March 31, 1914.
    Error to Circuit Court of Clark.county.

      Mr. John M. Cole,.for plaintiff in error.

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

Nichols, C.. J.,. Shauck, Donai-iue, Wanamaker, Newman and Wilkin, JJ., concur. Johnson, J., not participating. ,.


text:
    No. 14367.
    The Hocking Valley Ry. Co. v. Milbourne, Admx.
    Decided March 31, 1914.
    Error to Court of Appeals of Franklin county.

      Messrs'. Wilson & Rector and Mr. F. C. Amos,: for plaintiff in error.

      Messrs. Bennett & Westfall, for defendant in error.
   Judgment affirmed.

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


text:
    No. 13874
    Gilbert v. Gilbert et al.
    Decided April 1, 1914.
    Error to Circuit. Court óf sGuyahQga .cpuutyw

      .Messrs. Smart, Marvin & -Ford D. MpTighe, for plaintiff in error,

      -Mr. Jay P. D^zyley and Mr.-Frank A. Be'esher, for. dqfgijd&nts.-in: error.;.
   Judgment reversed.;: ;S,ee journal eptryp, ,;i

..¡This oourtbfinds that after this .ca-Use -had beén ,,r.e.mandéd ‘«to, the. ¡court of. common pleas. o'f. Cuyahoga county. ¡purspanf ,to the .judgment heretofore •.gendered, by • this • court, in. said; cause [83 ■ Ohio ¡jit.,., 26S]¡, the.:-.plaintiff-in error .filed her reply in said court of common pleas, in which she admitted that she had filed an answer in the •suit 3 for- divorce •-brought by‘¡the def'erid.arifi in . error, in. South .Dakota, ‘and that she had appeared in. court, arid contested-the same, but; by the-reply so ¡filed', in-this capse plaintiff denied the allegations hi,thh answer of-the defendant to.the éffeót that the .plaintiff'.had voluntarily .submitted t© .the said court in South.Dakota-.for its considerátion (in making final decision of the rights of the’parties therein upon the question of alimony) the orders and doings of the court of common pleas of Cuyahoga toUnfv/asHvell as all other claims that the plaintiff had or claimed to have against the defendant.

f"- This court further finds' that by denial-the reply presented an:'ri'ssue of fact' which the plaintiff in • error • is 'entitled' to hake tided in the Court below according'to; law; that if on the trial such isstie shall Be'determined in favor of the plaintiff she will ‘be ■ entitled to recover in this action the amount with interest of the installments under the decree rendered by the court of common pleas of Cuyahoga county which were due and unpaid prior to the date of the '\decree for divorce by the court in South Dakotajin the proceeding in which the plaintiff 'herein was a party, and in which proceeding she entered her appearance and filed her answer as aforesaid.

It is, therefore, ordered and adjudged by this court that the judgment of the circuit court be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas of Cuyahoga county for further proceedings according to law.

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


text:
    No. 13951.
    The Cincinnati Traction Co. v. Pritz, Admr.
    Decided April 1, 1914.
    Error to Circuit Court of Hamilton county.

      Messrs. Kittredge, Wilby & Stimsoh, for plaintiff in error.

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

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


text:
    No. 14115.
    Curtain et al., Trustees, v. The City National Bank of Columbus, Ohio.
    Decided April 1, 1914.
    Error to Circuit Court of Pickaway county.

      Mr. I. N. Abernethy and Mr. John Logan, for plaintiffs in error.

      Mr. Charles J. Pretsman, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14120.
    Jordon v. Meister et al.
    Decided April 1, 1914.
    Error to Circuit Court of Belmont county.

      Mr. A. M. Brown and Mr. Jas. M. Rees, for plaintiff in error.

      Messrs. Heinlein & Armstrong, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14166.
    Dunham et al. v. Kauffman et al.
    Decided April 1, 1914.
    Error to Court of Appeals of Franklin county.

      Mr. David K. Watson; Mr. George D. Jones and Mr. William T. Spear, for plaintiffs in error.

      Messrs. Hughes & Pavey, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14331.
    The Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co. v. Pritz, Admr.
    Decided April 1, 1914.
    Error to Court of Appeals of Hamilton county.

      Messrs. Maxwell & Ramsey, for plaintiff in error.

      Messrs. Littleford, James, Ballard & Frost, for defendant in error.
   Judgment reversed. See journal entry.

It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed; and coming now to render the judgment that the court of appeals should have réñdered, it is hereby ordered' and adjudged jthat the judgment of the comrnon pleas court' in this action be, ¿ñd the súme hereby is, reversed for eftor. of, the court in its charge tó the jury'inThis tb-wit: “You have the right to reject any evidence, tüát yóü choose 'and consider only that which Appeals to yoür sense-Of justness and'fairnesS.”

Shauck, Donaiiue, Newman and WilkiN;5Jj./'’ concur. Nichols, C. J., and Wanamaker, J., dissent. . .


text:
    No. 13702.
    Thompson Brothers v. The Cleveland, Akron & Columbus Ry. Co.
    Decided April 21, 1914.
    Error to Circuit’ Court of ',Knox county.

      ■Messrs. Owen '& Cart, for1 plaintiff m1 error.

      Messrs. Waigh'f &'Moore, for defendant in' error.
   Judgment reversed and cause remanded: See journal entry.

This court finds that the court of common pleas erred in sustaining the motion of defendant to.directá .verdict in its favor,.because'this court finds that the question whether there was wanton negligence on the part of the defendant below was one for the jury under' proper instructions of the court.' It is, therefore, ordered and adjudged that the judgment of the said circuit court be, and the sám'e is hereby, reversed.. .

And coming now to render the judgment which the said circuit court should have rendered',, it is hereby ordered and adjudged that the judgment'of the court of common pleas be, and the same is hereby, reversed and this cause is remanded to said óourt of common pleas for further proceedings’ according to law. ' ‘ '■

Nichols, C. J., Johnson, Dónahue and WAna^ maker, JJ.j concur. ......


text:
    No. 13736.
    Fry v. Sharr et al.
    Decided April 21, 1914.
    Error to Circuit Court of Ashland county.

      Mr. H. A. Market, for plaintiff in error.

      Messrs. Mykrants & Patterson, for defendants in error.
   Judgment affirmed.

Níchols, C. J., -John-1 son, Donahue, Wanamákér, Newman and Wilkin, JJ., concur.


text:
    No. 13741.
    The Ohio Baptist Convention v. Hibbs et al., Trustees.
    Decided April 21, 1914.
    Error-to Circuit Court- of Highland county,-

      .Mr.J.-R. Davies, for. plaintiff in error-,

      '.Messrs- Wilson & McBride, for defendants in error.
   Judgment of circuit court reversed and judgment for plaintiff in error. See 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 coming now, to render such judgment as the circuit court shóüícl, have rendered, it, is ordered that defendants in error as trustees under, the will, of Temple 0. Hoggard, deceased, account :to plaintiff in error, for. all property paid to them under item .fifth of the-will of Said-decedent and pay over to plaintiff iri error' the1 amount found due on said accounting^, this court finding that plaintiff in error is intended by said testator to receive such property at the hand of said trustees for distribution and that said trustees have no distribution rights under said item fifth of said will other than that of paying the same to said plaintiff in error.

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


text:
    No. 14116.
    The American Bonding Co. of Baltimore v. The American Asphaltum & Rubber Co.
    Decided April 21, 1914.
    Error to Circuit Court of Pickaway county.

      Mr. Geo. W. Lindsay and Mr. Milt Morris, for plaintiff in error.

      Mr. Charles Dresbach, for defendant in error.
   Judgment affirmed on authority of Goyert & Vogel v. Eicher, Admr., et al., 70 Ohio St., 30.

Nichols, C. J., Shauck, Johnson, Donahue, Wanamaker,' Newman and Wilkin, JJ., concur. Wanamaker, J., affirms on the merits of the case.


text:
    No. 14123.
    Sauer, Admr., v. Martin et al., Partners as Chester Park Amusement Co.
    Decided April 21, 1914.
    Error to Court of Appeals of Hamilton county.

      Mr. John W. Cowell; Mr. Fred. A. Lamping and Mr. Robert Franken, for plaintiff in error.

      Messrs. Galvin & Galvin and Messrs. Pogue, Hoffheimer & Pogue, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14127.
    Davis v. The State, ex rel. Johnston, Prosecuting Attorney.
    Decided April 21, 1914.
    Error to Court of Appeals of Gallia county.

      Mr. A. 0: Dickey, for plaintiff in error.

      Mr. Timothy S. Hogan, attorney general; Mr. Matthew M. Merriman and Mr. Hollis C. Johnston, prosecuting attorneys, and Mr. John A. Smith, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14130.
    Gerding v. The Village of Glandorf.
    Decided April 21, 1914.
    Error to Court of Appeals of Putnam county.

      Messrs. Bailey & Leasure, for plaintiff in error.

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

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


text:
    No. 14131.
    Hoffman et al. v. The Village of Glandorf.
    Decided April 21, 1914.
    Error to Court of Appeals of Putnam county.

      Messrs. Bailey & Leasure, for plaintiffs in error.

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

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


text:
    No. 14132.
    Hoffman v. The Village of Glandorf.
    Decided April 21, 1914.
    Error to Court of Appeals of Putnam county.

      Messrs. Bailey & I^easure, for plaintiff in error.

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

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


text:
    No. 14133.
    Kahle v. The Village of Glandorf.
    Decided April 21, 1914.
    Error to. Court- oí Appeals .j,of- Putnam county,

      Messrs. Bailey & be asure., for plaintiff in error.

      ■Messrs. Straman <Sr Straman,.¡for defendant in error.
   Judgment -affirmed:

ú.NicHoLs, C„ J., -Johnson, Wanamaicer, ■NktYMANand WíTicin; JJ;;:, .concur. , ; , .,


text:
    No. 14134.
    Nieuberg et al. v. The Village of Glandorf.
    Decided April 21, 1914.
    Error to Court of Appeals of- Putnam .county.-

      Messrs. Bailey & beasure, for plaintiffs in error..
    ■ Messrs. Straman & Straman, for defendant in error.
   Judgment affirmed-.,

Nichols, C.. J.y .Johnson,-. Wanamaicer, Newman and Wilicin, JJ., concur. .


text:
    No. 14137.
    The Pittsburgh Construction Co. v. Madison.
    Decided April 21, 1914.
    Error to'Court of'Appeals of'Franklin county.
    ' Mr; E.'C'. I'rviiie, for plaintiff in' error:

      'Mr. Herbert - M. Myers’ and Mr. 'Herman j.' Nord, for defendant in error.
   Judgment affirmed. See journal entry.

It is ordered and adjudged by this court, that the judgment of the said, court of -appeals, be, .and. the same is hereby, affirmed, on the sole ground that the service on the defendant was. valid in law.

-.Nichols, C. J., Shaucic, Johnson, Donahue, Wanamaker:and Newman,. JJ.,,concur. ;s., o


text:
    No. 14139.
    Landenburg et al. v. Vince et al., Trustees.
    Decided April 21, 1914.
    • ErrÓr tb Circuit Court of Ross' county.

      Mr. ‘Frank P. Hinton,' for plaintiffs in-error.

      Mr. Walter W. Boulger and Mr:'John A. Eylar, for defendants in-' ¡bf-ró'ri
   Judgment affirmed.

Nichols, C.'J., Johnson! Donahue, Wanamak'er, Newman and-Wilkin, JJ., concur.-


text:
    No. 14141.
    Miley v. Ahrendt & Sons et al.
    Decided April 21, 1914.
    Error to Circuit Court of Putnam county.

      Mr. George Fritz, for plaintiff, in error.

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

Nichols, C. J7‘Johnson, Donai-iue, Wanamaker, Newman and Wilkin, JJ., concur. , ' ’•


text:
    No. 14169.
    Bogardus v. Stickle.
    Decided April 21, 1914.
    Error to Court of Appeals of Liclcing county.

      Mr. W. D. Fulton and Messrs. Fitzgibbon, Montgomery & Black, for plaintiff in error.

      Mr. S. L. James, for defendant in error.
   Judgment of .the .court of appeals reversed and,that pf the common pleas court affirmed.

Nichols; C. J., Shauck, Johnson, Wanamaker, Newman and Wilkin, JJ.,-concur. , " ,


text:
    No. 14171.
    Dalrymple v. Powell, Exr., et al.
    Decided April 21, 1914.
    Error' to Court of Appeals of Morrow county.

      Mr. S. C. Klingman, for plaintiff in error.

      Messrs. Harlan & Wood, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14172.
    Lill et al. v. Leffler et al.
    Decided April 21, 1914.
    Error to Court of Appeals of Marion county.

      Messrs. Mouser & Moloney; Messrs. Scofield & Durfcc and Mr. W. Z. Davis, for plaintiffs in error.

      Mr. John H. Clark and Messrs. Crissinger & Guthery, for defendants in error. •
   Judgment affirmed.

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


text:
    No. 14173.
    Smith et al. v. Platt, Trustee.
    Decided April 21, 1914.
    Error to Court of Appeals of Franklin county.

      Mr. C. M. Addison, for plaintiffs in error.

      Mr. T. J. Duncan, for defendant in error.

   Judgment affirmed.

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


text:
    No. 13730.
    Levering et al., Partners, v. Clark, doing business as the Baltimore Commission Co., et al.
    Decided April 28, 1914.
    Error to Circuit Court of Knox county.

      Mr. L. C. Stillwell, for plaintiffs in error.

      Mr. Columbus Ewalt and Mr. P. L. Wilkins, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13739.
    Dolle, Trustee, et al. v. Roberts et al.
    Decided April 28, 1914.
    Error to Circuit Court of Hamilton county.

      Messrs. Dolle, Taylor & O’Donnell, for plaintiffs in error.

      Mr. E.C< Pyle and Mr. C. D. Robertson, for defendants in error.
   Judgment affirmed.

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


text:
    No. 13841.
    Haley v. King et al.
    Decided April 28, 1914.
    Error to Circuit Court of Hamilton county.

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

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

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


text:
    No. 14121.
    The Jenkins & Baird Granite Co. et al. v. The Montello Granite Co.
    Decided April 28, 1914.
    Error to Circuit Court of Clark county.

      Mr. C. S. Olinger and Mr. Chase Stewart, for plaintiffs in error.

      Mr. James P. Goodzvin, for defendant in error.
   Judgment reversed: See 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; coming now to render the judgment which said circuit should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to said court of common pleas of Clark county for further proceedings according to law.

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


text:
    No. 14179.
    North American Watch Co. v. The Brown & Dean Co.
    Decided April 28, 1914.
    ErbqE to,'.Court of: Appeals, of Richland county'

      Mr.J.esseE., LaDgw, for plaintiff,in error,.

      Messrs. McBride & ..Wolfe, for defendant in error.

   Judgment affirmed.. .

Nichols, C. J., Johnson, Donahue;.. WtVNAMAKER,; Newman and Wilkin, JJ„ concur.


text:
    No. 14180.
    Russell v. The City of Massillon.
    Decided April 28, 1914.
    Error to Court of Appeals of Stark county.

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

      Mr. Thos. C.'Davis, city solicitor, for defendant in error.
   Judgment reversed on authority of Kerr v. Bellefontaine et al., 59 Ohio St., 446.

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


text:
    No. 14186.
    The Elder Oil & Gas Co. v. Broughton & McCoy, Partners.
    Decided April 28, 1914.
    Error to Court of Appeals [ of Perry county.

      Mr. J. E. Powell, for' plaintiff in error.

      Mr. C. A. Donahue and Mr. C. E.'Spencer, for defendants iff'erf-df."
   Judgment affirmed.

Nichols, C.: J., JqHnson, Wanamaker, Newman and Wilkin,' Jjv concur. Donahue, J., not participating.


text:
    No. 14195.
    The American Express Co. v. McLaughlin Brothers, a Partnership.
    Decided April 28, 1914.
    Error to Court of Appeals of Franklin¿county.

      -Messrs. Herrick &• Hopkins,and 34e$srSi’. Hep'dprson, Livesay .& Burr, for plaintiff ¡in.error.
    . Mr. Louis G. Addison,.for defendant in error. ..
   Judgment affirmed.

, Nichols, C. J., Johnson -Donahue, 'Wanamaker, .Newman and Wilkin, JJ,, ¡concure ._


text:
    No. 14203.
    The Studebaker Automobile Co. v. Stewart.
    Decided April 28, 1914.
    Error to Court of Appeals of Franklin county.

      Messrs. Crum, Raymund & Hedges, for plaintiff in error.

      Mr.'PI H'Duncan and Mr.'Robert P. Duncan, for defendant in error1.
   Judgment affirmed;

Nichols, C. J., Stíaucic; Johnson, Donahue, Wanamaker, Newíian and Wilkin, JJ., concur. ' ;;


text:
    No. 14213.
    Myers v. The Cincinnati Regalia Co.
    Decided April 28, 1914.
    Error to Court of Appeals,of Franklin county.

      Mr. C. M. Addison tlnd ■/ff?'. H; C. H.arvey, for plaintiff in error.

      Messrs'. Crum, Rdymund & Hedges and Mr .'Hugh 'Huntington,'fqr defendant in error,
   judgment af.firmej."

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


text:
    No. 14217.
    The Village of Willoughby v. Wellman.
    Decided April 28, 1914.
    Error to Court of Appeals of Lake county.-

      Mr, Frartk H. Belton, fofi plaintiff in error.

      Mr. George H.. "Shepherd and; Mr. Harry E. Hammar,- for defendant in error.
   Judgment affirmed.

Nichols, C. J., Johnson, Donah.ue, Wanamaker, Newman and Wilt kin, JJ., concur.


text:
    No. 14224.
    The Board of Education of Chatfield Township v. Lust.
    Decided April 28, 1914.
    Error to Court of Appeals of Crawford county.

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

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

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


text:
    No. 14229.
    Hurlburt et al., Admrs., v. Bates.
    Decided April 28, 1914.
    Error to Court of Appeals of Portage county.

      Messrs. Webb & Webb, for plaintiffs in error.

      Mr. A. S. Cole, for defendant in error.
   Judgment reversed and judgment for plaintiff in error. See journal entry.

It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed. And this court coming now to render such judgment as the court of appeals should have rendered, it appearing that the original notes aggregating $330 upon which defendant in error was surety have been paid in full, thereby discharging the note of $330 executed and delivered to defendant in error contemporaneously with the chattel mortgage and which debt was the debt described in the affidavit to said chattel mortgage when the same was filed with the county recorder, and this court being of the opinion that this chattel mortgage could not be made to apply to other liabilities incurred by defendant in error for said mortgagors by a verbal contract or arrangement between the parties of which a subsequent mortgagee had no knowledge and which were not described in the affidavit to said chattel mortgage, it is therefore, ordered and adjudged that the petition of the defendant in error be and the same hereby is dismissed.

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


text:
    No. 14235.
    Davey v. The Electric Cleanser Co.
    Decided April 28, 1914.
    Error to Court of Appeals of Stark county.

      Mr. A. H. Elliott and Messrs. Bow, Amerman & Mills, for plaintiff in error.

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

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


text:
    No. 14243.
    Myers v. Coulter et al., Partners.
    Decided April 28, 1914.
    Error to Court of Appeals of Crawford county.

      Mr. L. C. Feighner, for plaintiff in error.

      Messrs. Leuthold & McCarron, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14248.
    The Lucas County Agricultural Society v. Keller.
    Decided April 28, 1914.
    Error to Court of Appeals of Lucas county.

      Messrs. Kohn, Northup & Morgan, for plaintiff in error.

      Messrs. Ray & Cordill, for defendant in error./
   Judgment- affirmed.

. Nichols, C. J., John-4 son, Donahue, Wanamaker, New'man and Wil-;1 KÍN, JJ.¿ concur; ■ . . *4-.., b¿- * , •• ,!•.


text:
    No. 13742.
    Akers v. The Akron, Canton & Youngstown Ry. Co. et al.
    Decided May 5, 1914.
    Error to Circuit Court of Summit county.

      Mr. J. A. Kohler and Mr. W. R. Talbot, for plaintiff in error.

      Mr. C. R. Grant and Messrs. Taylor & Stewart, for defendants in error.
   Judgment 'áffirm'éd.

Nichols, C J., Si-iauck, Donahue, Newmañ and Wílkiñ, JJ., concur. Johnson and Wanamaker,f; JJ., dissent. ■


text:
    No. 13743.
    The State, ex rel. Yearling, v. Johnson, Superintendent of Workhouse.
    Decided May 5, 1914.
    Error to Circuit Court of Montgomery county,

      Mr. C. IT. Huston; Mr. Van C. Cook and Mr. John Egan, for plaintiff in error.
    Mr. las. W. Galbraith, prosecuting. attorney, and, Mr.' Robt. C. Patterson, assistant prosecuting.attorney, for defendant in error.
   Judgment, áffirraéd.,

Nichols, C. J., Shauck, Johnson, Dóñahue,', Wanamaker, Newman and Wilkín, jjf., concur.,.-


text:
    No. 13744.
    Jaskulek v. Wertheim.
    Decided May 5, 1914.
    Error to Circuit Court of Cuyahoga county.

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

      -'Mr: Max E. Meisel, for defehdant'in error..
   Judgment affirmed.

Nichols; C. J.,- Johnson, Donai-iue, Wanamaker, Newman and Wil-i; kin, JJ., concur. ;


text:
    No. 13745.
    Jaskulek v. Wertheim.
    Decided May 5, 1914.
    ■ EÉROR-t©"Circuit Court of Cúyahoga cotmLyi

      sMes&s. EMdy,■■ Klein &'EIarris, for-plain-' tiff

      Max'E. Meisel, for defendant ih
   affirmed.

Nichols, C. J., Johnson, Dunahué; Wanamaker, Newman- -and- Wilkin;.’ JJ.y bbncur. ••• •'


text:
    No. 13746
    The National City Bank v. Wertheim.
    Decided May 5, 1914.
    Error to -Cir- ■ cuit Court of Cuyahoga county.

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

      Mr. Max E. Meiset, for-’defendant'i'n error.
   Judgment áffirméd.

Nichols/-'-C: "Jv Johnson, Donahue, Wanam'-aher,-Newman and Wilkin1, JJ., concur. :


text:
    No. 14174.
    Garry, Admr., v. Milmine et al, Partners as H. B. Milmine & Co.
    Decided May 5, 1914.
    Error to Court of Appeals of Lucas county.

      Mr. G. B. Keppel, for plaintiff in error.

      Messrs. King, Tracy, Chapman & Welles, for defendants in'ferror.'"
   Judgment affirmed.'

Si-iauck, DdilrAHUE/- Newman 'arid - Wilkin, JJ., concur.' WanAM-aÍeR, J., dissents. ■ ’ ' ■ "


text:
    No. 14282.
    Joint District Board of County Commissioners of Stark and Columbiana Counties et al. v. Crawford.
    Decided May 5, 1914.
    Error to Court of Appeals of Columbiana, county.

      Mr. William H. Vodrey; Mr. Walter Beck; Mr. Hubert C. Pontius and Mr. Frank N. Sweitser, for plaintiffs in error.

      Messrs. W. S. Anderson & Son and Mr. K. L. Cobourn, for defendant in error.
   Judgment of the court of appeals reversed and that of the common pleas court affirmed on authority of Commissioners v. Mighels, 7 Ohio St., 110, and Commissioners v. The Marietta Transfer & Storage Co., 75 Ohio St., 244.

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


text:
    No. 14288.
    Johnson County Savings Bank v. Allen et al., Partners as Allen & Parker.
    Decided May 5, 1914.
    Error to Court of Appeals of Franklin county.

      Mr. Wm. T. McClure, for plaintiff in error.

      Messrs. Booth, Keating, Peters & Pomerene, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14291.
    The Cleveland & Pittsburgh Railroad Co. et al. v. Koehnline et al.
    Decided May 5, 1914.
    Error to Court of Appeals of Belmont county.

      Messrs. Heinlein & Armstrong and Messrs. Healea & Kinsey, for plaintiffs in error.

      Mr. Gordon D. Kinder and Mr. James M. Rees, for defendants in error.
   Judgment affirmed as to infant defendant and reversed as to all other defendants.

It is further ordered that the costs in this court be paid one-half by the plaintiffs in error and one-half by the defendants in error other than said infant defendant in error.—Reporter.

Journal entry: This court finds that the judgment of the court of appeals ordering that the judgment against the plaintiffs below, set up in their amended petition filed in the circuit court, be suspended- and that said plaintiffs who were defendants in the original suit referred to in said petition have leave to answer therein should be, and the same is hereby, affirmed, as to the infant defendant Harrison Koehnline, and that as to the other defendants in error the judgment of the court of appeals should be, and the same is hereby reversed.

It is further ordered and adjudged that this cause he remanded to the court of appeals with instructions to dismiss the amended petition of the said defendants in error filed in the circuit court as to all of said defendants in error except said infant defendant in error and for further proceedings according to law.

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


text:
    No. 14292.
    Bush v. Grumm et al.
    Decided May 5, 1914.
    Error to Court of Appeals of Licking county.

      Messrs. Smythe & Smythe, for plaintiff in error.

      Messrs. Fitzgibbon, Montgomery & Black, for defendants in error.
   Judgment affirmed.

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


text:
    No. 14294.
    McVeigh v. McVeigh et al.
    Decided May 5, 1914.
    Error to.Court,of Appeals'pf ■Cplumbiána county,

      Mr. P:. M. Smitfo,. fof - in. error.,

      Mr. W. H. Spent;?; Mr.A.,-(jr-. Smiph; M;;. George T. Farrsl; Mr. Nelson H. Tunnicliff; Mr> Williarty H. Vo4rey; prosecuting attorney; Mn Tir¡^f ot.hy.S: Hogan, attorney general, and. Mr.; Clarence J?, [LayJin,-, for defendants^ in error..
   Settled, ,by agreement of parties. See journal entry.

This day this cause was settled in pursuance of an agreement of settlement .made; and entered .iiitp in. writing and signed by all the parties to the suit in ■tips court by themselves and their respective .counsel, which said written .agreement has. been this .Jay filed herein and is referred to and ¡made a ¡ -part hereof. ..... . ;»,■ ■ , J-'A ' -Sin:

The court coming .now to render judgment in accordance with the terms of said written,agreement, finds that the; state of., Ohio was and is a prpper party defendant; in the .original action on apr peal jn fhe cir.quit court; an.d court of appeals of Columbiana county, Ohio-; that the real .estafe described in. plaintiffs petition has. escheated,to .and the title thereof is vested, in.fhe state;,of.¡QhÍ9fi that there is no error in the record and proceedings of the circuit court and court of appeals of Columbiana county, as complained of by the petition in error and cross-petition in error respectively. ;.;;;

: It is therefore ordered,- adjudged and decreed that the title to the real estate described in the petition be and the ..same is hereby vested.in t.he- state of Ohio and quieted in said sfate of Ohio as against all other .parties to. the original cause in the circuit cóuíit and coqrt. of: appeals:' of Coliimbian.a county* and as. against all other persons claiming under or thi'ough them or any of them.; and also a$ against any .other parties to the original action filed by the plaintiff,. in error in the common pleas cou,rt of Columbiana county, praying partitiqn, qf .the premises described in the petition, judgment and decree in which was appealed from, and against all parties claiming under;.or thropgh such parties or any of them.. . i ■ ; • •

And it is further ordered, adjudged and decreed that the judgment of the. court of appeals of Colunu biana county be and the same is hereby affirmed as to all parties and things save as herein otherwise ordered and decreed.. , . V

The original cause being an action in partition it is ordered, adjudged and decreed that all costs herein be taxed against the real estate described in the petition, and paid out of the proceeds thereof; and, by and in accordance with the agreement of the parties, filed herein, that P. M. Smith, attorney for plaintiff in error shall be and he is hereby allowed a counsel fee of two thousand ($2,000) dollars, and Nelson H. Tunnicliff, attorney for defendants in error, Peter Reilly et al., shall be and he is hereby allowed a counsel fee of thirteen hundred ($1300) dollars to be paid as aforesaid, and said counsel fees are hereby taxed as costs in this cause and charged against the said estate as others costs herein.


text:
    No. 14295.
    Mead, Jr., v. The Pickerington Elgin Butter Co.
    Decided May 5, 1914.
    Error to Court of Appeals of Fairfield county.

      Mr. J. V. Hilliard and Messrs. Pickering & Pickering, for plaintiff in error.

      Mr. C. O. Beals, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14298.
    The American Slicing Machine Co. v. Myers.
    Decided May 5, 1914.
    Error to Court of Appeals of Morrow county.

      Mr. T. B. Mateer, for plaintiff in error.

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

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


text:
    No. 14304.
    The Youngstown & Ohio River Rd. Co. v. Mort.
    Decided May 5, 1914.
    Error to Court of Appeals of Columbiana county.

      Messrs. Metzger & Smith, for plaintiff in error.

      Mr. K. L. Cobourn, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14305.
    The Board of County Commissioners of Hamilton County v. Hahn.
    Decided May 5, 1914.
    Error to Court of Appeals of Hamilton countv.

      Mr. Thomas L. 'Pogue, prosecuting attorney; Mr. John V. Campbell; Mr. Charles A,

      Groom; Mr. Carl M. Jacobs, Jr., and Mr. Louis H. Capelle, assistant prosecuting attorneys, for plaintiffs in error.

      Mr. Alfred B. Benedict and Mr. Dudley P. Wayne, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14315.
    The Board of County Commissioners of Tuscarawas County v. Landor.
    Decided May 5, 1914.
    Error to Court of Appeals of Tuscarawas county.

      Mr. W. V. Wright and Mr. John A. Buchanan, for plaintiffs in error.

      Mr. Robert J. King; Mr. Joseph C. Mitchell and Messrs. McCarty & McClintock, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14316.
    Schlafly v. Lawrence.
    Decided May 5, 1914.
    Error to Court of Appeals of Cuyahoga county.

      Messrs. McCarty & McClintock and Messrs. Henry & McGraw, for plaintiff in error.

      Mr. Horace Neff and Mr. C. L. Jones, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14322.
    Russell v. Krider.
    Decided May 5, 1914.
    Error to Court of Appeals of Cuyahoga county.

      Messrs. White, Johnson, Cannon & Neff; for plaintiff in error.

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

Nichols, C. J., Tohnson, Donahue, Wanamaker and Wilkin, JJ., concur.


text:
    No. 14328.
    Cotner v. Hayden et al.
    Decided May 5, 1914.
    Error to Court of Appeals-of Morrow county.

      Mr. J. C. Willialnson, for plainliff' in error.

      Mr. S. C. Kingman, for defendants -in error.
   Judgment affirmed.

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


text:
    No. 14344.
    Denman et al., Partners as John Denman & Son, v. Nash.
    Decided May 5, 1914.
    Error to Court of Appeals of Perry county.

      Mr. T. M, Potter and Mr..W. K. Martin, for plaintiffs in error..

      Mr.- T. D. Price and Mr. Elwood Newberry, for defendant in error.
   Judgment affirmed.

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


text:
    No. 14428.
    Gebhart et al., Partners as Gebhart & Kline, v. Long et al.
    Decided May 5, 1914.
    Error to Court of Appeals of B'utlér county.

      Mr: Walton S. Bowers, for plaintiffs -in error.’

      Messrs. Andrezvs & Andrews and Mr. W: Cl Shepherd, for defendants in error:
   Judgment affirmed.

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