under such proper control, as ordinary care under the circum-
stances requires. Ib.
Municipal corporations - Gas-rate ordinance - Abrogation or
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.
Taxation - Powers of legislature - Regulation and license of
motor vehicles. See Saviers v. Smith, Secy. of State, 132.
Evidence insufficient - Building and construction contracts -
Submission of disputes to engineer or architect - Decision of
arbiter final, when. See Fred R. Jones Co. v. Fath, 47.
Statute inapplicable, when - Party walls Parol agreement to
construct Action for one-half of cost. See Holmes v. Snyder,
19.
Public utilities commission-Validity of order-Reducing rail-
road freight rate - Lesser rates as aid to increase business-
Rights and duties of common carriers. See M. & V. Rd. Co.
v. Pub. Util. Comm., 29.
Mortgage Priority over subsequent mortgage-Record as
notice of lien. See Kuhn v. Loan & Trust Co., 34.
Leases Breach of implied covenants - Damages - Failure to
drill offset wells - Burden of proof-Existence of gas - Pre-
ponderance of evidence Charge to jury. See Fuel Supply Co.
v. Shilling, 106.
Municipal corporations - Gas-rate ordinances Abrogation or
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.
Effect of enactment of General Code - Codification considered
original enactment. See State v. Hollenbacher, 478.
GENERAL CODE - Continued.
proceedings -
See State, ex
Section 26-Amendments or repeals-Pending
Road improvements - Bonds and interest rate.
rel., v. Zangerle, Auditor, 235.
Section 486-8-Civil service - Unclassified service-Exemptions
from competitive examination-Cashier in state automobile de-
partment. See State, ex rel. Bryson, v. Smith, 203.
Section 544-Public utilities commission-Review by supreme
court-Electric rates - Municipal ordinance. See State, ex
rel., v. Pub. Util. Comm., 313.
Section 579 (101 O. L., 173) Constitutionality Public utilities
certi-
fied, how. See C., C., C. & St. L. Ry. Co. v. Mills Bros., 173.
Section 617- Superintendent of insurance Duties - Revocation
or cancellation of license. See State, ex rel., v. Tomlinson, 459.
Section 665- Superintendent of insurance - Companies to be au-
thorized to do business. See State, ex rel., v. Tomlinson, 459.
Section 710-172- Superintendent of banks-Embezzlement, mis-
application, etc., of funds. See State v. Davies, 487.
Section 871-1 et seq. (103 O. L., 95)-Act creating industrial
commission and superseding board of awards - Constitutional-
ity. See Kinsinger v. Bd. of Education, 298.
Section 1031 - Industrial commission — Inspection of school-
houses and other buildings - Repeals by implication. See Kin-
singer v. Bd. of Education, 298.
Sections 1141 to 1149-1 (106 O. L., 156-159) - State board of agri-
culture Inspection of feed stuffs - Licensing of dealers-
Constitutional law. See Weisheimer v. Board of Agriculture,
523.
Section 1206-State highway department - Advertisement for
bids for improvement - Failure to advertise for bids-Curative
statutes. See Cowen v. State, ex rel., 387.
Section 1209 (102 O. L., 343) — Highways — Assessments -
Abutting railroads - Perpetual lessee of grantee of right of
way - Owner "in fee" construed. See Dayton Elec. Ry. Co.
v. Scott, 13.
Section 1269 et seq.-State Medical Act- - Application for ex-
amination Practitioners in limited branches. See Shaw v.
State, 507.
Section 1269 et seq.-State medical board-Examination and
registration of physicians - Chiropractors-Constitutional and
criminal law. See Nesmith v. State, 158.
Section 1465-44-Industrial commission-Rules and regulations
- Award denied claimant - Application for rehearing to be
filed, when. See Indus. Comm. v. Glenn, 454.
Section 1465-61- Industrial commission-Definition of terms
"Five workmen or operatives regularly employed" — Partner-
ship. See State, ex rel., v. Derrer, 498.
Section 1465-86-Industrial commission-Workmen's compensa-
Continuing jurisdiction. See Indus. Comm. v. Davidson,
Section 1465-90 (103 O. L., 88)—Industrial commission - Work-
men's compensation - Appeal from decision. See Indus. Comm.
v. Davidson, 71.
Section 1465-90- Industrial commission-Workmen's compensa-
tion - Appeal from decision-Limitation of time.
dus. Comm. v. Glenn, 454.
Section 2250-2 (108 O. L., pt. 2, 1154) — Public utilities commis-
sioners - Salaries - Change during existing term.
hey v. State, ex rel., 473.
Section 2251 (108 O. L., pt. 2, 1301) — Salaries of judges of courts
of appeals - Change during existing term. See State, ex rel.,
v. Donahey, 490.
Section 2522-County commissioners
moval of superintendent and matron of county home - Civil
Powers and duties-Re-
service. See State, ex rel., v. Commissioners, 336.
Section 2634-County treasurer-Failure to give bond -
Vacancy in office. See State, ex rel., v. Baldwin, 65.
Section 3812-2 (108 O. L., pt. 1, 215) ·
Resolution requiring street railway to repair
Street im-
tracks, etc. Municipality may make improvements, when-
Constitutional law. See Cincinnati v. Harth, 344.
Section 3812-3 (108 O. L., pt. 1, 215) — Assessments - Street im-
provements Renewal or replacement of street railway tracks
by municipality-Assessment of cost against company
issue-Constitutional law. See Cincinnati v. Harth, 344.
Section 4255-Mayor of village - Election, term, qualifications
Title by certificate of election - Possession during contest pro-
ceedings. See State, ex rel., v. Babst, 275.
Section 4736-County school districts Power to create― Ap-
pointment of board in
against creation of district-Title and tenure of appointed
new district — Election — Injunction
members. See Meckley v. Kunzie, 494.
GENERAL CODE - Continued.
Section 4736-Schools County districts Power to create new
districts Remonstrance. See State, ex rel., v. Howard, 532.
Section 4906- Elections-Registration - Stating age in years,
etc. See State, ex rel., v. Hillenbrand, 370.
Section 4974- Primary elections - Protests against candidacy —
Filing, hearing and determination — Supervisors of elections —
Discretionary and ministerial duties. See State, ex rel., v.
Smith, 358.
Section 4974- Primary elections-Protest against candidacy—
Hearing and determination of protests - Jurisdiction of boards
of elections or courts. See State, ex rel., v. Russell, 365.
Section 5000-Elections - Nomination of candidates-Signers
of petitions to name committee to fill vacancies
provisions. See State, ex rel., v. Curtis, 383.
Section 5090-1-Elections - Casting and counting of vote-
Opening of ballots in contested cases. See State, ex rel., v.
Russell, 365.
Section 5148-Contest of elections County officers - Jurisdic-
tion of boards of elections or courts. See State, ex rel., v.
Russell, 365.
Section 5979-Central standard time- Municipal ordinance
adopting standard of time. See State, ex rel., v. Cincinnati, 354.
Section 5980- Timepiece in public building to keep central stand-
ard time- Municipal ordinance adopting standard of time.
See State, ex rel., v. Cincinnati, 354.
Section 6290 et seq. (108 O. L., pt. 2, 1078) - Regulation and
registration of motor vehicles
See
Constitutional law.
Saviers v. Smith, Secy. of State, 132.
Sections 6956-1 to 6956-16-County roads-Contracts and pro-
ceedings - Curative provisions apply, when-Defects in pro-
ceedings cured, when. See Cowen v. State, ex rel., 387.
Section 7625-School houses and libraries - Bond issues - Pur-
chase of transportation equipment not authorized. See Allard
v. Board of Education, 469.
Section 7630-1- Schoolhouses - Replacement of condemned or
destroyed Repeals by implication. See Kinsinger v. Bd. of
Education, 298.
Section 7875 et seq.- Teachers' pensions - Powers of boards of
education - Disbursement of fund. See Shinnick v. State, ex
rel., 246.
GENERAL CODE - Continued.
Section 8621-Statute of frauds
Agreements in writing-
Erection of party wall. See Holmes v. Snyder, 19.
Section 8879-Railroad tracks and crossings-Grade crossing
elimination Procedure - Jurisdiction of common pleas court.
See Sandusky v. B. & O. Rd. Co., 225.
8988 Railroads - Freight rates - No
against points in state — Long and short haul.
& St. L. Ry. Co. v. Mills Bros., 173.
discrimination
See C., C., C.
Section 9510 (2) Insurance-Foreign corporations - Deposits
with superintendent of insurance Reinsurance of
thorized contracts - Revocation or cancellation of license. See
State, ex rel., v. Tomlinson, 459.
Section 9607-2 (107 O. L., 647) — Mutual fire insurance-Or-
ganization of companies - Kinds of insurance authorized-
Automobile and fire insurance. See State, ex rel., v. Tomlin-
son, 508.
Section 10783-Executors and administrators-Sale of real estate
- Determinaiton of equities and priorities Distribution of
proceeds - Personal judgment. See State, ex rel., v. Lueders,
211.
Section 11493- Evidence - Competency of witnesses - Conversa-
tion between testator and attorney inadmissible, when. See
Swetland v. Miles, 501.
Section 11494 - Evidence - Privileged communications and acts
- Exceptions-Attorney and client. See Swetland v. Miles,
501.
Section 11495 - Evidence - When party shall not testify-Con-
versation between testator and attorney inadmissible, when.
See Swetland v. Miles, 501.
Section 11497 - Evidence - Contempt - Cross-examination of ad-
verse party by deposition. See Koppel v. Bader, 511; Ex parte
Berger, 512.
Section 11526- Evidence - Depositions Cross-examination of
adverse party. See Koppel v. Bader, 511; Ex parte Berger, 512.
Section 11526- Evidence - Depositions - Right to take pending
error proceedings. See Fairchild v. L. S. Elec. Ry. Co., 261.
Section 11534 - Evidence-
Suf-
Depositions, notice to take
ficiency of designation of place. See Whitaker v. Luebbering,
292.
Section 11577 New trial- Weight of evidence-But one new
trial or reversal, when. See Cleveland Ry. Co. v. Trendel, 316.
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