Probate Court-Proceedings in Error.
1. Jurisdiction — Sale of realty to pay debts-Distribution of
proceeds-Section 10783, General Code-Personal judgment
against legatee - In proceedings to sell the real estate of a de-
cedent to pay debts, the jurisdiction of the probate court is
limited by statute, Section 10783, General Code, and it is not
authorized, on distribution of the proceeds in such proceeding,
to render a personal judgment against a legatee of the estate,
who has been made a party thereto. State, ex rel., v. Lueders,
211.
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2. Personal judgment against legatee-Remedy of aggrieved
party When an execution issued against a party is not war-
ranted by a judgment of the probate court, ample remedy is
supplied the aggrieved party by application to the court to set
aside the writ, or by proceedings in injunction. Ib.
Mandamus-Appointment of administrator de bonis non-Ad-
ministration of bequest of corporate stock - Indebtedness of
legatee to estate. See State, ex rel., v. Lueders, 259.
Mandamus - Court to journalize decision
·Granting application
Property seized by writ of attachment
- Issued by common pleas court. See State, ex rel., v. Lueders,
256.
Writ of prohibition — Issuance of execution — Personal judgment
against legatee - Remedy of aggrieved party. See State, ex
rel., v. Lueders, 211.
Construed Section 26, General Code - Amendment or repeal of
Order or resolution for road improvement, etc. See
State, ex rel., v. Zangerle, Auditor, 235.
Depositions Right to take when proceedings pending-Taxing
expense as costs. See Fairchild v. L. S. Elec. Ry. Co., 261.
Jurisdiction - Court of appeals — Divorce proceedings. See
Zonars v. Zonars, 518.
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.
Pending proceedings - Act validating and ratifying highway con-
tracts - Effect upon contracts adjudicated invalid - Effect upon
judgments. See Cowen v. State, ex rel., 387.
Proceedings in Error - Protests.
PROCEEDINGS IN ERROR- Continued.
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-Cases 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.
See Haas v. State, 519.
Supreme court - Final order by court of appeals - Contempt
proceedings. See Commissioners v. Harshman, 529.
Foreclosure of mortgage. Final distribution-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 in-
applicable, when. See W. E. Wright Co. v. Parshall, 517.
Intoxicating liquors - Unlawful to keep, store or use in certain
places Constitutionality of municipal ordinance - Section 9,
Article 15, and Section 3, Article 18, Constitution. See East
Liverpool v. Dawson, 527.
Writ issued by agreement of parties - Defendant in default for
pleading. See State, ex rel., v. Burkhardt, 515.
PROSECUTING ATTORNEY –
Election Insufficient or imperfect nomination papers Inde-
pendent candidate — Supplemental papers. See State, ex rel.,
v. Curtis, 533.
Judicial functions not exercised, when Special grand juries-
Section 13560, General Code (108 O. L., pt. 1, 158). See State,
ex rel., v. Price, 50.
Primary nominations - Jurisdiction of boards of elections or
courts Section 4974, General Code (106 O. L., 549) — Recount
Protests Public Contracts.
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.
Primary nominations-Section 4974, General Code - Jurisdiction
State and deputy state supervisors of elections - Discre-
tionary and ministerial duties. See State, ex rel., v. Smith, 358.
Manslaughter-Unintentional killing by automobile - Unlawful
act as proximate cause-Charge to jury. See Jackson v. State,
152.
Negligence-Jury question-Wanton and wilful-Violation of
statute or ordinance. See Higbee Co. v. Jackson, 75.
Negligence-Municipal corporations - Runaway team leaves safe
portion of street - Occupant of vehicle injured - Proximate
- Condition of street or negligence of city. See Drake
v. East Cleveland, 111.
PUBLIC AND GENERAL INTEREST-
Supreme court-Order to certify — Intervening error
appeals - Judgments final, when. See Cowen v. State, ex rel.,
394.
State highway laws-Failure to advertise for bids-Section
1206, General Code - Curative provisions apply, when-De-
fects in proceedings cured, when-Act of December 18, 1919
(108 O. L., pt. 2, 1122) - Validating and ratifying highway
contracts - Inoperative upon contracts adjudicated invalid—
Judgments and error proceedings unaffected, when. See
Cowen v. State, ex rel., 387.
Curative provisions apply, when-State highway laws - Act of
May 17, 1915 (106 O. L., 574) — 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.
Public Money — Public Utilities Commission.
Construed Maintenance fund for public utilities commission-
Created by assessments. See Donahey v. State, ex rel., 473.
Municipal corporations may purchase -Constitutional and statu-
tory powers-Issuing bonds and pledging general credit-
Limitation of indebtedness-Section 13, Article 18, Constitu-
tion, 1912. See State, ex rel., v. Weiler, 123.
PUBLIC UTILITIES COMMISSION—
1. Jurisdiction Railroads-Complaint against rates-"Over-
charge" defined - Sections 579 and 8988, General Code - A
charge of a larger sum for transportation of freight than is
made for the transportation of the same commodity for an
equal or greater distance over the same and connecting lines
of road, under the provisions of Section 8988, General Code,
is an "overcharge" within the provisions of Section 579, Gen-
eral Code, which gives the Public Utilities Commission juris-
diction to entertain complaints therefor upon the part of the
shipper. C., C., C. & St. L. Ry. Co. v. Mills Bros., 173.
2. Railroads-Complaint against rates-"Unlawful rate" defined
-Section 8988, General Code - Published tariff schedules un-
lawful, when-Although such freight charges may have been
made in compliance with published tariff schedules filed by the
railroad, if the rates designated in such schedule are in viola-
tion of Section 8988, General Code, such rates are unlawful
and constitute an overcharge. Ib.
3. Railroad rates-Section 8988, General Code-Long and short
haul rates-Section 8988, General Code, prohibits the charg-
ing, for transportation of goods within the state, of a larger
sum than is charged in a joint rate, for carrying the same goods
an equal or greater distance over the same road and connect-
ing lines of road. Ib.
4. Railroads - Complaint against rates-Section 579, General
Code - Certifying findings to clerk of common pleas court ·
Constitutional law-Section 579, General Code (101 O. L.,
173), authorizing the commission to determine from an ex-
amination of the complaint, answer, reply and affidavits, the
existence and validity of the claim presented, and to certify
its finding to the court of common pleas, if in favor of the
claimant, is constitutional and valid. Ib.
Public Utilities Commission - Railroads.
PUBLIC UTILITIES COMMISSION—Continued.
Abandonment of interurban railway service, etc.— Order not un-
reasonable or unlawful. See Tobey v. Pub. Util. Comm., 538.
Jurisdiction Electric power rates - Oral contract superseded by
schedule, when-No discrimination, when. See Coss v. Pub.
Util. Comm., 528.
Mandamus-Refusal to restore schedule — Rejected after com-
plaint and municipal rate-ordinance filed-Appeal to commis-
sion from rate-ordinance-Failure to prosecute error to
supreme court Section 544, General Code. See State, ex rel.,
v. Pub. Util. Comm., 313.
Railroads Validity of order - Reducing freight rates - Lesser
rate as aid to increase business - Rights and duties of common
carriers. See M. & V. Rd. Co. v. Pub. Util. Comm., 29.
Salaries of commissioners - Section 2250-2, General Code (108
O. L., pt. 2, 1154) — Change during existing term Section 20,
Article 2, Constitution. See Donahey v. State, ex rel., 473.
Steam heat rates-Order not unjust and unreasonable. See City
of Lima v. Pub. Util. Comm., 537.
Assessments Abutting property owners-Interurban railroad-
Right of way from county commissioners - Perpetual lease by
grantee Lessee not owner "in fee," etc. Section 1209, Gen-
eral Code (102 O. L., 343). See Dayton Elec. Ry. Co. v.
Scott, 13.
Negligence-Wanton and wilful Proximate cause - Violation
of statute or ordinance. See Higbee Co. v. Jackson, 75.
Workmen's compensation - Section 1465-61, General Code - Five
workmen or operatives regularly employed - Partnership. See
State, ex rel., v. Derrer, 498.
Officer and officer - Title by certificate of election - Contest pro-
ceedings - Pleading — Remedies — Quo warranto or mandamus.
See State, ex rel., v. Babst, 281.
1. Grade-crossing elimination-Inability to agree upon plan -
Jurisdiction of common pleas court-Lateral diversion of
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