Opinion Per Curiam.

not invoke the equitable doctrine of subrogation against its plain legal obligation; and for the further reason that the doctrine of subrogation will not be applied to prefer one creditor over another where an inequitable result will be accomplished thereby.

Cause remanded to the court of common pleas of Summit county for further proceedings according to law.

Judgment reversed and cause remanded.

NICHOLS, C. J., JONES, MATTHIAS, JOHNSON, ROBINSON and MERRELL, JJ., concur.

ZONARS v. ZONARS.

Court of appeals-Jurisdiction in error-Divorce proceedings. (No. 16413-Decided May 11, 1920.)

ERROR to the Court of Appeals of Montgomery county.

Messrs. Burnham & Snyder and Messrs. Mattern & Brumbaugh, for plaintiff in error.

Messrs. Lenz, Sigler & Denlinger; Mr. Roy G. Fitzgerald; Mr. Thomas H. Ford and Mr. Chalmers Parker, for defendant in error.

It is ordered and adjudged by this court, that the judgment of the said court of appeals be and

Opinion Per Curiam.

the same is hereby reversed on the authority of Cincinnati Polyclinic v. Balch, 92 Ohio St., 415.

It is, therefore, ordered and adjudged that this cause be remanded to the court of appeals with instructions to consider the petition in error and bill of exceptions in the cause, and for further proceedings according to law.

Judgment reversed and cause remanded.

NICHOLS, C. J., JONES, MATTHIAS, JOHNSON, WANAMAKER, ROBINSON and MERRELL, JJ., concur.

HAAS V. THE STATE OF OHIO.

Supreme court — Dismissal — Cause pending in court of appeals. (No. 16481-Decided May 11, 1920.)

ERROR to the Court of Appeals of Geauga county.

Mr. D. F. Anderson; Mr. V. J. Lamb; Mr. A. A. Cartwright; Mr. Victor J. Conrad and Mr. E. H. Moore, for plaintiff in error.

Mr. John G. Price, attorney general; Mr. H. J. Thrasher, prosecuting attorney; Mr. W. L. Day and Mr. W. D. Wilkin, for defendant in error.

It is ordered by the court that the petition in error herein be dismissed for the reason that the cause is now pending in the court of appeals on re-hearing.

Petition in error dismissed.

Opinion Per Curiam.

THE TOLEDO & OHIO CENTRAL RAILWAY CO. ET AL. V. THE VILLAGE OF HARTFORD ET AL.

Court of appeals-Court procedure on appeal-Error to limit evidence to transcript, when.

(No. 16366-Decided May 18, 1920.)

ERROR to the Court of Appeals of Licking county.

Messrs. Doyle & Lewis; Messrs. Kibler & Kibler and Mr. Frederick W. Gaines, for plaintiffs in

error.

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

The court finds that the court of appeals erred in the admission of the transcript of testimony taken in a former hearing of the cause under the circumstances and within the limitations laid down by the court as shown by the record. It is, therefore, ordered and adjudged by this court that the judgment of the court of appeals be, and the same is hereby, reversed, and it is further ordered and adjudged that this cause be, and the same is hereby, remanded to the court of appeals with instructions to proceed with the trial of the cause de novo, the parties being permitted to introduce in evidence relevant testimony under the legal rules applicable in the trial of questions of fact in trial courts.

Judgment reversed and cause remanded.

JONES, MATTHIAS, JOHNSON, WANAMAKER and MERRELL, JJ., concur.

Opinion Per Curiam.

BAYLES V. WELSH ET AL.

Supreme court-Affirmances-Weight of evidence-Rule 19 of supreme court.

(No. 16483-Decided May 18, 1920.)

ERROR to the Court of Appeals of Licking county.

Messrs. Jones & Jones, for plaintiff in error. Messrs. Kibler & Kibler, for defendants in error.

It is ordered and adjudged by this court, that the judgment of the said court of appeals be and the same is hereby affirmed; for the reason that the court of appeals upon hearing found that its former decree was not induced or procured by means of fraud, and the only question presented by the record in this case involves a consideration of the weight of the evidence.

Judgment affirmed.

NICHOLS, C. J., JONES, MATTHIAS, JOHNSON, WANAMAKER, ROBINSON and MERRELL, JJ., concur.

Opinion Per Curiam.

PATTERSON ET AL., EXRS., v. PATTON ET AL.

Wills - Construction-Fee simple devise not limited by later item, when.

(No. 16510-Decided May 18, 1920.)

CERTIFIED by the Court of Appeals of Harrison county.

Messrs. Hollingsworth & Worley, for plaintiffs in error.

Mr. E. S. McNamee; Mr. Albert O. Barnes and Mr. D. A. Hollingsworth, for defendants in error.

Judgment affirmed on authority of Niles et al. v. Gray et al., 12 Ohio St., 320.

Judgment affirmed.

NICHOLS, C. J., JONES, MATTHIAS, JOHNSON and

MERRELL, JJ., concur.