-

Breach of implied covenants - Oil and gas - Leases Damages
Failure to drill offset wells-Burden of proof-Existence
of gas - Preponderance of evidence — Charge to jury. See
Fuel Supply Co. v. Shilling, 106.

-

Building and construction - 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.
Covenants Building restrictions-"One house only" clause-
Four-story apartment prohibited, when-Construction of con-
Extrinsic aids to interpretation. See Arnoff v. Chase,

tracts
331.

-

Electric power rates - Oral contract superseded by schedule, when
Public utilities commission-Jurisdiction. See Coss v. Pub-
lic Utilities Commission, 528.

or

Fire insurance-Knowledge of agent imputed to company, when
- Insured's title only leasehold - Fee simple policy issued -
Waiver without endorsement. See Foster v. Ins. Co., 180.
Municipal corporations — Gas-rate ordinance - Abrogation
modification before expiration - Ordinance increasing rate
valid, when Mutuality of contracts - Specific performance -
Right of taxpayer to sue. See Phelps v. Gas & Fuel Co., 144.
Parol agreement Party walls-Action for one-half of cost-
Statute of frauds inapplicable, when. See Holmes v. Snyder,
19.

-

State highway laws - Act of May 17, 1915 (106 O. L., 574) —
Curative provisions apply, when― Defects in proceedings cured,
when-Failure to advertise for bids - Section 1206, General
Code Act of December 18, 1919 (108 O. L., pt. 2, 1122) —
Validating and ratifying highway contracts - Inoperative upon
contracts adjudicated invalid-Judgments and error proceed-
ings unaffected, when. See Cowen v. State, ex rel., 387.
Suretyship Contractor abandons street improvement — Bonding
company completes contract - Materialmen and laborers -
Right to balance of city funds - Doctrine of subrogation in-
applicable, when. See W. E. Wright Co. v. Parshall, 517.

-

CONTRIBUTORY NEGLIGENCE-

Charge to jury - Technical errors. See Fairchild v. L. S. Elec.
Ry. Co., 267.

Conveyances-County Home.

CONVEYANCES-

Contest of validity-Competency of witnesses - Privileged com-
munications-Exceptions - Sections 11493, 11494 and 11495,
General Code. See Swetland v. Miles, 501.

CORPORATIONS-

-

Articles of incorporation and by-laws or constitution-Right to
enlarge or restrict statutory powers · - Policemen's benevolent
associations. See Wegener v. Wegener, 22.
Foreign insurance-Deposits with superintendent of insurance-
Section 9510 (2), General Code-License to contract casualty
or bonding insurance — Reinsurance of indemnity contract pro-
hibited, when Section 665, General Code. See State, ex rel.,
v. Tomlinson, 459.
Insurance - Mutual protective or stock companies Kinds of
business authorized Automobile insurance - Section 9607-2,
General Code (107 O. L., 647) - Fire insurance authorized,
when. See State, ex rel., v. Tomlinson, 508.

COSTS-

-

-

Depositions-Taxing expense as costs - Error proceedings. See
Fairchild v. L. S. Elec. Ry. Co., 261.

Damages for moh violence-Directed verdict - No evidence to
support petition. See Wiley, Admx., v. Board of Commission-
ers, 526.

Superintendent and matron of county home-Civil service-
Jurisdiction of state commission-State civil service Rule 6,
Section 3 (1919) - Husband successful but wife fails in ex-
amination - Appeal by removed employe-Refusal of com-
mission to entertain proceeding. See State, ex rel., v. Commis-
sioners, 336.

COUNTY FUNCTIONS-

Distinguished-Investigation and prosecution of crimes. See
State, ex rel., v. Price, 50.

COUNTY HOME-

Superintendent and matron-Civil service - Jurisdiction of state
commission-State civil service Rule 6, Section 3 (1919) —

County Home - Court of Appeals.

COUNTY HOME-Continued.

Appeal by

Husband successful but wife fails in examination
removed employe― Refusal of commission to entertain proceed-
ing. See State, ex rel., v. Commissioners, 336.

COUNTY TREASURER-

-

Vacancy - Failure to give bond-Section 2634, General Code.
Treasurer-elect dies before term commences —.
·Appointment by
county commissioners valid — At the November, 1918, election
W. was elected county treasurer for a term of two years be-
ginning on the first Monday in September, 1919. On the 19th
day of December, 1918, W. died, having meanwhile given no
official bond. Thereupon the county commissioners appointed
S. as county treasurer for the term to which W. was elected.
In a contest between B., a holdover incumbent, and S., the ap-
pointee of the commissioners, Held: The appointment of S.
was valid; that, under the provisions of Section 2634, General
Code, a vacancy occurred in said office which the commission-
ers were empowered to fill. State, ex rel., v. Baldwin, 65.

COURT OF APPEALS-

1. Jurisdiction-Error-The right of a court of appeals to re-
verse the judgment of a trial court is predicated upon its find-
ing error in the proceedings of such court. Cleveland Ry. Co.
v. Trendel, 316.

2. Jurisdiction-Weight of evidence-Section 11577, General
Code-Trial court grants new trial-But refuses same after
re-trial- Where the trial court has granted one new trial upon
the weight of the evidence, and upon a second trial has overruled
a motion for a new trial upon the same ground, for the reason
that the court is prohibited by Section 11577, General Code,
from granting the second new trial upon that ground, and error
is prosecuted to the court of appeals, that court is without
power to weigh the evidence and determine whether the verdict
was in fact against the weight of the evidence, since there could
be no error in that respect by the trial court. Ib.

-

Appeal Bond not filed within time. See Bruck v. Building
Assn. Co., 514.

-

Appeal Court procedure- Error to limit evidence to tran-
script, when. See T. & O. C. Ry. Co. v. Hartford, 520.

Court of Appeals Court Procedure.

COURT OF APPEALS - Continued.

-

Appeal Injunction - Questions submitted to court-Jurisdic-
tion of subject-matter and to assess damages. See Morton v.
Morgan, Murray & Potts Co., 510.

Error Jurisdiction - Divorce proceedings.

Zonars, 518.

-

See Zonars V.

Salaries of judges - Section 2251, General Code (108 O. L., pt.
2, 1301) - Change during existing term- Section 20, Article
2, Constitution Section 14, Article 4, Constitution. See State,
ex rel., v. Donahey, 490.

COURT OF COMMON PLEAS—

Jurisdiction - Judgments - Vacation and modification during
term Mandamus. See State, ex rel., v. Wesselmann, 525.

COURT PROCEDURE-

Argument to jury-Failure of stenographer to report same—
Criminal law. See Nesmith v. State, 158.

Charge to jury- 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.

Charge to jury - Correct and incorrect instructions given — No
presumption jury followed correct rule, when - Evidence-
Preponderance to establish insanity. See State v. Hauser, 404.
Charge to jury — Criminal law- Affirmative and negative testi-

-

mony Embezzlement. See State v. Davies, 487.
Charge to jury-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.
Charge to jury- Criminal law - Manslaughter - Unintentional
killing by automobile - Unlawful act as proximate cause. See
Jackson v. State, 152.

-

---

Charge to jury - Negligence — Collision - Headlights on car
Ordinary care Question for jury. See Fairchild v. L. S.
Elec. Ry. Co., 264.
Charge to jury - Negligence - Contributory negligence Tech-
nical errors in charge. See Fairchild v. L. S. Elec. Ry. Co., 267.
Charge to jury - Negligence - Evidence - Municipal ordinance
-Regulating pedestrians crossing street. See Whitaker v.
Luebbering, 292.

Court Procedure.

COURT PROCEDURE - Continued.

-

Charge to jury-Negligence — Last clear chance - Attempt to
withdraw issue-Jury instructed to disregard allegations in
pleading. See Pennsylvania Co. v. Hart, 196.

Charge to jury-Written requests before argument - Trial
court to give charge, when. See Chesrown v. Bevier, 282.
Directed verdict - No evidence to support petition - Damages
for mob violence. See Wiley, Admx., v. Board of Commission-
ers, 526.
Directed

verdict-Workmen's compensation - Award denied
claimant - Appeal to common pleas court. See Leonard v.
Industrial Commission, 524.

Evidence - Affirmative and negative testimony-Weight and
value-Charge to jury-Criminal law-Embezzlement of
bank funds-Testimony of accomplice. See State v. Davies,
487.

Evidence-Burden of proof-Appropriation of property -
Municipal corporations. See Martin v. Columbus, 1.
Evidence-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.
Evidence-Competency of witnesses - Privileged communica-
tions - Exceptions - Attorney and client- Contest of will-
Section 11494, General Code. See Swetland v. Miles, 501.
Evidence-Court of appeals Court procedure on appeal -
Error to, limit to transcript, when. See T. & O. C. Ry. Co. v.
Hartford, 520.

Evidence Criminal law - Preponderance to establish insanity.
See State v. Hauser, 404.

Evidence Criminal law - Similar offense - Unlawful sale of
morphine. See Miller v. State, 535.

Evidence - Municipal ordinance - Regulating pedestrians cross-
ing street-Negligence. See Whitaker v. Luebbering, 292.
Grade crossing elimination - Inability to agree upon plan
Submission of plans and modifications by municipality or rail-
road. See Sandusky v. B. & O. Rd. Co., 225.

Jury an appraising or assessing board - Appropriation of prop-
erty Municipal corporations - No burden of proof. See
Martin v. Columbus, 1.

Question for court — Building contracts Submission of disputes
to engineer or architect - Decision of arbiter final, when

-