Board of Commissioners - Bonds (Public).
BOARD OF COMMISSIONERS - Continued.
sion to entertain proceeding - Section 2522, General Code (108
O. L., pt. 1, 267), inapplicable, when. See State, ex rel., v.
Commissioners, 336.
Bond issue for site and schoolhouse Submission of question to
electors Section 7625, General Code - Purchase of transporta-
tion equipment not authorized - Proposition submitted included
authorized and unauthorized purposes — Injunction. See Allard
v. Board of Education, 469.
County board-Creation of new districts - Remonstrance - Sec-
tion 4736, General Code. See State, ex rel., v. Howard, 532.
Officers of newly-created district - Appointment by county board
- Injunction against creation of district Election of mem-
bers before injunction dissolved-Title and tenure of ap-
pointed members Section 4736, General Code. See Meckley
v. Kunzie, 494.
Teachers' pensions-Creation and disbursement of fund-Sec-
tion 7875 et seq., General Code - Contributing teacher not re-
employed - Twenty years' aggregate service-One-half not in
district. See Shinnick v. State, ex rel., 246.
Interest rate on road bonds-Effect on pending proceedings -
Amendment or repeal of statutes - Section 26, General Code-
Act of February 20, 1920 (108 O. L., pt. 2, 1188). See State,
ex rel., v. Zangerle, Auditor, 235.
Municipal corporations
Purchase of public utility - Constitu-
tional and statutory powers-Issuing bonds and pledging gen-
eral credit-Limitation of indebtedness Section 13, Article
18, Constitution, 1912. See State, ex rel., v. Weiler, 123.
Municipal corporations - Street improvements - - Renewal or re-
placement of street railway tracks, etc.-
3812-3, General Code (108 O. L., pt. 1, 215) — Lending public
credit to private corporations Constitutional law. See Cin-
cinnati v. Harth, 344.
Schools - Bond issue for site and schoolhouse — Submission of
question to electors-Section 7625, General Code - Purchase
of transportation equipment not authorized - Proposition sub-
mitted included authorized and unauthorized purposes - In-
junction. See Allard v. Board of Education, 469.
Appeal and error - Bond not filed within time.
Building Assn. Co., 514.
Vacancy-Failure to give bond - Section
2634, General Code. See State, ex rel., v. Baldwin, 65.
Foreign insurance companies-Deposits with superintendent of
insurance Section 9510 (2), General Code - Failure to make
deposits - Revocation or cancellation of license. See State,
ex rel., v. Tomlinson, 459.
Street improvement-Contractor abandons work-Bonding com-
pany completes contract — Materialmen and laborers — Right to
balance of city funds-Doctrine of subrogation inapplicable,
when. See W. E. Wright Co. v. Parshall, 517,
Oil and gas-Leases - Damages - Failure to drill offset wells
Burden of proof - Existence of gas Preponderance of evi-
·Charge to jury. See Fuel Supply Co. v. Shilling, 106.
Defined Building restrictions Construction of contracts
Deeds. See Arnoff v. Chase, 334.
Submission of disputes to engineer or architect - Decision of
arbiter final, when - Fraud and bad faith not proven, when
Error to submit disagreement to jury, when. See Fred R.
Jones Co. v. Fath, 47.
BUILDING RESTRICTIONS—
Covenants-"One house only" clause-Four-story apartment
prohibited, when — Construction of contracts — Extrinsic aids
to interpretation. See Arnoff v. Chase, 331.
Appropriation of property-Municipal corporations - Action in
rem - No burden of proof-Jury an appraising or assessing
board. See Martin v. Columbus, 1.
Oil and gas - Leases - Damages
- Failure to drill offset wells - Existence of gas-Preponder-
ance of evidence. See Fuel Supply Co. v. Shilling, 106.
Burden of Proof Carriers.
BURDEN OF PROOF - Continued.
Criminal law - Preponderance to establish insanity. See State
v. Hauser, 404.
Enlargement or restriction of statutory powers-Articles of in-
corporation and by-laws or constitution-Policemen's benevo-
lent associations. See Wegener v. Wegener, 22.
Nomination - Contest - Remedies-Statutory
clusive, when - Mandamus to compel election board to rescind
action Writ will not lie, when.
See State, ex rel., v. Mc-
Nomination Form and contents of petition - Signers to name
committee, etc. Section 5000, General Code - Mandatory pro-
visions. See State, ex rel., v. Curtis, 383.
or imperfect papers - Independent
candidate for prosecuting attorney - Supplemental papers. See
State, ex rel., v. Curtis, 533.
Nomination - Protests against candidacy - Section 4974, General
Code - Jurisdiction - State and deputy state supervisors of
elections - Discretionary and ministerial duties. See State, ex
rel., v. Smith, 358.
Protest against candidate- Recount of ballots-
Contest of election. See State, ex rel., v. Russell, 365.
Degree required - Dams - Negligence - Construction or mainte-
nance- -Res ipsa loquitur. See Ice Co. v. Mattern, 62.
Public highways-Use by public and grantee of franchise—
Reciprocal rights, duties and obligations. See Fairchild v. L. S.
Elec. Ry. Co., 261.
Public utilities commission-Jurisdiction - Railroads -Com-
plaint against rates - "Overcharge" and "unlawful rate" de-
fined - Sections 579 and 8988, General Code - Concurrent
remedies Published tariff schedules unlawful, when - Long
and short haul rates — Constitutional law. See C., C., C. & St.
L. Ry. Co. v. Mills Bros., 173.
Public utilities commission-Validity of order-Reducing rail-
road freight rate-Lesser rate as aid to increase business
Rights and duties of common carriers. See M. & V. Rd. Co.
v. Pub. Util. Comm., 29.
Defined - Section 12819, General Code.
See State v. Nieto, 417.
CARRYING CONCEALED WEAPONS-
Criminal law - Section 12819, General Code - No exception as
to home, when Carrying of weapon in bunkhouse. See State
v. Nieto, 409.
Curative provisions apply, when - Act of May 17, 1915 (106 O.
L., 574) — Defects in proceedings cured, when - Failure to ad-
vertise for bids-Section 1206, General Code - Act of Decem-
ber 18, 1919 (108 O. L., pt. 2, 1122) — Validating and ratifying
highway contracts — Inoperative upon contracts adjudicated in-
valid - Judgments and error proceedings unaffected, when.
See Cowen v. State, ex rel., 387.
Foreign corporation — License to contract casualty and bonding
insurance Reinsurance of indemnity contracts prohibited,
when Reinsurance contracts executed in foreign state. See
State, ex rel., v. Tomlinson, 459.
Civil service Notice and certificate of eligibility distinguished.
See State, ex rel., v. Commissioners, 336.
CERTIFICATE OF ELECTION—
Office and officer - Possession during contest proceedings-Title
by certificate. See State, ex rel., v. Babst, 275.
Supreme court-Case of public or general interest-Order to
certify Intervening error -Court of appeals - Judgments
final, when. See Cowen v. State, ex rel., 394.
Charge to Jury - Chiropractor.
Written request before argument - Trial court to give request,
when- Upon a written request to charge before argument, if
the request correctly states the law and is pertinent to one or
more of the issues of the case and the same subject has not
been covered by other charges given before argument, it is
error to refuse to give such charge before argument, even
though the language of the charge is not the exact language
the court would have selected. Chesrown v. Bevier, 282.
Burden of proof-Leases - Breach of implied covenants
Damages - Failure to drill offset wells-Existence of gas-
Preponderance of evidence. See Fuel Supply Co. v. Shilling,
106.
Correct and incorrect instructions given- No presumption jury
followed correct rule, when - Evidence - Criminal law
Preponderance to establish insanity. See State v. Hauser, 404.
Criminal law-Carrying concealed weapons-Section 12819,
General Code No exception as to home, when Carrying of
weapon in bunkhouse. See State v. Nieto, 409.
Criminal law-Insanity of defendant - Preponderance of evi-
dence. See State v. Hauser, 404.
Criminal law-Manslaughter - Unintentional killing by auto-
mobile-Unlawful act as proximate cause. See Jackson v.
State, 152.
Evidence Affirmative and negative testimony-Weight and
value. See State v. Davies, 487.
Negligence Collision - Headlights on
Question for jury. See Fairchild v. L. S. Elec. Ry. Co.,, 264.
Negligence Contributory negligence - Technical
charge. See Fairchild v. L. S. Elec, Ry. Co., 267.
Negligence-Evidence- Municipal ordinance-Regulating ped-
estrians crossing street. See Whitaker v. Luebbering, 292.
Negligence-Last clear chance - Attempt to withdraw issue -
Jury instructed to disregard allegations in pleading. See Penn-
sylvania Co. v. Hart, 196.
Constitutional law-State Medical Act-Section 1269 et seq.,
General Code - Conspiracy to prosecute chiropractor - Crim-
inal law. See Nesmith v. State, 158.
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