Notice of intention to take Section 11534, General Code - Suffi-
ciency of designation of place. See Whitaker v. Luebbering, 292.
Damages for mob violence - No evidence to support petition. See
Wiley, Admx., v. Board of Commissioners, 526.
Workmen's compensation — Award denied claimant - Appeal to
common pleas court. See Leonard v. Industrial Commission,
524.
Cause pending in court of appeals. See Haas v.
Foreclosure of mortgage— Rights of prior purchaser and holder
of tax title. See Bruck v. Building Assn. Co., 513.
Suretyship — Contractor abandons street improvement - Bonding
company completes contract - Materialmen and laborers-Right
to balance of city funds - Doctrine of subrogation inapplicable,
when. See W. E. Wright Co. v. Parshall, 517.
Jurisdiction in error-Court of appeals - Divorce. See Zonars
v. Zonars, 518.
State Medical Act-Constitutional law - Section 1269 et seq.,
General Code - Conspiracy to prosecute chiropractor-Criminal
law. See Nesmith v. State, 158.
State Medical Act- Constitutional law
General Code - Practitioners in limited branches - Examina-
tions. See Shaw v. State, 507.
Divorce proceedings — Court of appeals — Jurisdiction in error.
See Zonars v. Zonars, 518.
Rights of property inviolate-No vested right in rules of com-
mon law. See Leis v. Cleveland Ry. Co., 162.
1. Primaries-Protest against candidacy-Section 4974, General
Code-Jurisdiction - State and deputy state supervisors of elec-
tions-Discretionary and ministerial duties—The scope of pro-
tests, provided for in Section 4974, General Code, against the
candidacy of persons at primary elections, is, by the terms of
that section, limited to the questions whether the candidate is an
elector of the state or of the district or county in which he seeks
to become a candidate, and has fully and truthfully complied
with the provisions of the law with regard to the preparation and
filing of his declaration of candidacy; and the state supervisor
of elections or deputy state supervisors and inspectors of elec-
tions have no authority to hear or determine protests on grounds
not within these limitations. State, ex rel., v. Smith, 358.
2. Primaries - State and deputy state supervisors of elections —
Discretionary and ministerial duties—Candidate's name to be
certified, when — Mandamus — If a candidate is an elector of the
state or of the district or county in which he seeks to become a
candidate, and has fully and truthfully complied with the pro-
visions of the law with regard to the preparation and filing of
his declaration of candidacy, the state supervisor of elections or
deputy state supervisors and inspectors of elections have no dis-
cretion in the matter, but only a mere ministerial duty to per-
form, to certify the candidate's name to be printed on the pri-
mary ballot, and may be compelled by mandamus to perform
that duty. Ib.
3. Registration of electors - ·Statement of age in years and months
-Section 4906, General Code - Constitutional law-Section 1,
Article 5, Ohio Constitution - Article 19, Amendments to U. S.
Constitution Sections 4892, 4903, 4906, 4908, 4909 and 4911,
General Code, in the respect that they require an applicant for
registration as a qualified elector of a municipality to state his or
her age in years and months, do not deny or abridge the constitu-
tional right of citizens to vote, or injuriously, unreasonably or
unnecessarily restrain, impair or impede its exercise, but are
reasonable, uniform and impartial provisions to regulate, facili-
tate and secure the exercise of this right, and to prevent its
abuse; and said sections are in that respect not in conflict with
Section 1 of Article 5 of the Constitution of Ohio as modified
and controlled by the 19th Amendment to the Constitution of
the United States. State, ex rel., v. Hillenbrand, 370.
Nomination - Contests - Remedies -
Statutory provisions ex-
clusive, when Mandamus to compel election board to rescind
action - Writ will not lie, when. See State, ex rel., v. McDon-
ough, 363.
Form and contents of petition - Signers to name
committee, etc.-Section 5000, General Code - Mandatory pro-
visions. See State, ex rel., v. Curtis, 383.
Nominations- Insufficient or imperfect papers - Independent
candidate for prosecuting attorney- Supplemental papers. See
State, ex rel., v. Curtis, 533.
Nominations - Jurisdiction of boards of elections or courts -
Protests against candidate - Section 4974, General Code (106
O. L., 549) Recount of ballots - Section 5090-1, General Code
(106 O. L., 209) - Contest of election Section 5148, General
Code Mandamus to compel recount. See State, ex rel., v.
Russell, 365.
Office and officer - Title by certificate of election. See State, ex
rel., v. Babst, 275.
Schools Officers of newly-created district
county board - Injunction against creation of district - Elec-
tion of members before injunction dissolved — Title and tenure
of appointed members - Section 4736, General Code. See Meck-
ley v. Kunzie, 494.
ELECTORS-
Registration
eral Code
brand, 370.
Statement of age in years, etc. Section 4906, Gen-
Constitutional law. See State, ex rel., v. Hillen-
Public utilities commission - Jurisdiction - Oral contract super-
seded by schedule rates, when No discrimination, when. See
Coss v. Public Utilities Commission, 528.
Public utilities commission - Refusal to restore schedule - Re-
jected after complaint and municipal rate-ordinance filed
Appeal to commission from rate-ordinance - Failure to pros-
ecute error to supreme court-Section 544, General Code-
Mandamus. See State, ex rel., v. Pub. Util. Comm., 313.
Certification and notice distinguished — Civil service.
ex rel., v. Commissioners, 336.
Embezzlement - Error Proceedings.
Bank funds - Section 710-172, General Code (108 O. L., pt. 1,
123) Evidence Affirmative and negative testimony-Weight
and value-Charge to jury-Testimony of accomplice. See
State v. Davies, 487.
Action in rem No burden of proof -
Jury an appraising or assessing board. See Martin v. Columbus,
Negligence - Respondeat superior — Employe violates instructions
- Infant or trespasser injured on auto-truck Wanton and wil-
ful negligence-Scope of employment. See Higbee Co. v. Jack-
son, 75.
Workmen's compensation - Independent liability of contributing
employer-Death from contaminated well. See Victor Rubber
Co. v. Robbins, 536.
Accommodation - Negotiable instruments - Notice to transferee
- Partnership note endorsed by payee bank's cashier - And
forwarded to correspondent bank for discount - Secretary of
partnership and bank cashier same person - Payee bank not
liable to discounting bank, when. See Bank Co. v. Oil & Gas
Co., 217.
Classification of persons, things, etc. — Legislative powers and lim-
itations Classification in municipal ordinance valid, when. See
City of Xenia v. Schmidt, 437.
Jurisdiction-Court of appeals - Trial court grants new trial -
But refuses same after retrial-Weight of evidence - Errors
assigned for review. See Cleveland Ry. Co. v. Trendel, 316.
Court of appeals - Jurisdiction - Divorce proceedings. See Zo-
nars v. Zonars, 518.
Error Proceedings — Evidence.
ERROR PROCEEDINGS- Continued.
Court of appeals - Jurisdiction-Trial court grants new trial —
But, refuses same after retrial — Weight of evidence-Errors
assigned for review. See Cleveland Ry. Co. v. Trendel, 316.
Depositions Right to take when proceedings pending-Taxing
expenses as costs. See Fairchild v. L. S. Elec. Ry Co., 261.
Pending proceedings-Act validating and ratifying highway con-
tracts Effect upon contracts adjudicated invalid - Effect upon
judgments. See Cowen v. State, ex rel., 387.
Public utilities commission-Refusal to restore schedule - Re-
jected after complaint and municipal rate-ordinance filed - Ap-
peal to commission from rate-ordinance-Failure to prosecute
error to supreme court-Section 544, General Code. See State,
ex rel., v. Pub. Util. Comm., 313.
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.
Supreme court - Dismissal
Cause pending in court of appeals.
Supreme court-Final order by court of appeals - Contempt pro-
ceedings. See Commissioners v. Harshman, 529.
Administration of bequest of corporate stock-Indebtedness of
legatee to estate - Mandamus - Probate court-Appointment
of administrator de bonis non. See State, ex rel., v. Lueders, 259.
Failure to file account- Citation - No limitation of time-
Guardian. See McClelland v. State, etc., 42.
Sale of realty to pay debts-Probate court-Jurisdiction - Dis-
tribution of proceeds- Personal judgment against legatee. See
State, ex rel., v. Lueders, 211.
1. Competency of witnesses-Privileged communications
torney and client-Section 11494, General Code, clearly and con-
clusively disqualifies an attorney from testifying "concerning a
communication made to him by his client in that relation, or his
advice to his client." Swetland v. Miles, 501.
2. Competency of witnesses-Privileged communications — Ex-
ceptions-Attorney and client-Section 11494, General Code.
This language is all comprehensive and unlimited as to such
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