Statute of Limitations Statutory Construction.
STATUTE OF LIMITATIONS- Continued.
claimant - Application for rehearing filed after thirty days. See
Industrial Comm. v. Glenn, 454.
Guardian-Failure to file account- - Citation -No limitation of
time. See McClelland v. State, etc., 42.
Violations - Negligence per se and prima facie. See Chesrown v.
Bevier, 282.
1. Amendments or repeals - Pending proceedings unaffected-
Section 26, General Code-Act of February 20, 1920 (108 O. L.,
pt. 2, 1188) — An order or resolution declaring for or in favor
of a county road improvement, or fixing the assessment there-
for, is a "proceeding" within the contemplation of Section 26,
General Code. State, ex rel., v. Zangerle, Auditor, 235.
2. Amendments and repeals-Pending proceedings unaffected-
Section 26, General Code - Section 26, General Code, is a rule
of legislative interpretation and is to be construed as a part of
any amended act, unless such amendment otherwise expressly
provides. Ib.
3. Enactment of General Code - Codification considered original
enactment-The enactment by the legislature of the General
Code in the act to revise and consolidate the general statutes of
Ohio, passed February 14, 1910, gave to the statutes included
therein the authority of an original enactment. State v. Hol-
lenbacher, 478.
4. "Expressly" construed-Section 26, Geñeral Code - The word
"expressly," as used in the statute, carries its usual and cus-
tomary meaning, to-wit: Clear, definite, plain, direct; as stated
or written in the statute, and not left to inference or implica-
tion. State, ex rel., v. Zangerle, Auditor, 235.
5. Revision of subject-matter-Repeals by implication - Affirma-
tive statutes reconciled, when - A statute which revises the
whole subject-matter of a former enactment, and which is evi-
dently intended as a substitute for it, operates to repeal the
former, although it contains no express words to that effect.
But repeals by implication are not favored, and where two
affirmative statutes exist, one will not be construed to repeal
the other by implication, if they can be fairly reconciled. The
fact that a later act is different from a former one is not
Statutory Construction - Stocks and Bonds.
STATUTORY CONSTRUCTION—Continued.
sufficient to effect a repeal. It must further appear that the
later act is contrary to, or inconsistent with, the former. State
v. Hollenbacher, 478.
6. Construction warranted, when Where there is no real room
for doubt as to the meaning of a staute, there is no right to
construe such statute. Swetland v. Miles, 501.
Curative provisions - State highway laws - Validating and rati-
fying highway contracts — Inoperative upon contracts adjudi-
cated invalid-Judgment and error proceedings unaffected,
when. See Cowen v. State, ex rel., 387.
Mandatory provisions — Section 5000, General Code― Elections —
Nomination of candidates - Form and contents of petition-
Signers to name committee, etc. See State, ex rel., v. Curtis,
383.
Presumption of validity of legislation - Classification of persons,
things, etc.— Legislation valid though scope limited. See City
of Xenia v. Schmidt, 437.
Repeal by implication - Act creating industrial commission and
superseding board of awards-Section 871-1 et seq., General
Code (103 O. L., 95) — Acts revived or amended - Division of
workshops and factories - Inspection of schoolhouses - Sec-
tion 1031, General Code - Bonds to replace condemned build-
ings. See Kinsinger v. Bd. of Education, 298.
Repeal by implication or supplemental enactment - -Automobiles
and vehicles-Duty to display lights after sundown- Sections
12614 and 12614-3, General Code. See Chesrown v. Bevier,
282.
Validity favored - Municipal ordinances - Local police regula-
tions. See Leis v. Cleveland Ry. Co., 162.
Public utilities commission-Order not unjust and unreasonable.
See City of Lima v. Pub. Util. Comm., 537.
Administration of bequest of corporate stock - Indebtedness of
legatee to estate - Mandamus - Probate court-Appointment
Stocks and Bonds - Streets and Alleys.
STOCKS AND BONDS- Continued.
of administrator de bonis non. See State, ex rel., v. Lueders,
259.
Renewal or replacement of street railway tracks, etc.— Municipal
bond issues Sections 3812-2 and 3812-3, General Code (108
O. L., pt. 1, 215) — Lending public credit to private corporations
- Article 8, Section 6, Constitution. See Cincinnati v. Harth,
344.
STREET RAILROADS –
Assessments Highways - Abutting property
urban railroad-Right of way from county commissioners-
Perpetual lease by grantee - Lessee not owner "in fee," etc.—
Section 1209, General Code (102 O. L., 343). See Dayton Elec.
Ry. Co. v. Scott, 13.
Exercise of care- Public highways-Use by public and grantee
of franchise Reciprocal rights, duties and obligations. See
Fairchild v. L. S. Elec. Ry. Co., 261.
Ordinance prescribing care by motorman
See Leis v. Cleveland Ry. Co., 162.
Purchase of public utility-Municipal corporations - Constitu-
tional and statutory powers-Issuing bonds and pledging gen-
eral credit Limitation of indebtedness. See State, ex rel., v.
Weiler, 123.
Street improvements - Bond issues - Renewal or replacement of
street railway tracks, etc.—Sections 3812-2 and 3812-3, General
Code (108 O. L., pt. 1, 215) — Lending public credit to private
corporations Constitutional law. See Cincinnati v. Harth,
Traffic ordinance - Municipal corporations-Duty of vehicles to
stop, when Street car discharging passengers - Constitutional
law. See Nicholls v. Cleveland, 39.
Exercise of due care - Public and grantee of franchise - Reci-
procal rights, duties and obligations. See Fairchild v. L. S.
Elec. Ry. Co., 261.
Improvements - Contractor abandons work-Bonding company
completes contract - Materialmen and laborers - Right to
balance of city funds. See W. E. Wright Co. v. Parshall, 517.
Streets and Alleys - Superintendent of Insurance.
STREETS AND ALLEYS- Continued.
Improvements - Renewal or replacement of street railway tracks,
etc. Municipal bond issues Sections 3812-2 and 3812-3, Gen-
eral Code (108 O. L., pt. 1, 215) - Lending public credit to
private corporations — Constitutional law. See Cincinnati v.
Harth, 344.
Municipal corporations - Duty to keep open, etc.— Liability for
negligence Limited to usual and ordinary uses - Runaway
team leaves safe portion of street-Occupant of vehicle injured
- Proximate cause. See Drake v. East Cleveland, 111.
Municipal ordinance - Regulating street cars - Prescribing care
by motorman - Constitutional law. See Leis v. Cleveland Ry.
Co., 162.
Municipal ordinance - Vehicles passing street car-Duty to stop
when passengers alighting - Constitutional law. See Nicholls v.
Cleveland, 39.
Negligence Charge to jury- Evidence-Municipal ordinance
-Regulating pedestrians crossing street. See Whitaker v.
Luebbering, 292.
Temporary and permanent obstructions - Classification in munici-
pal ordinance valid, when. See City of Xenia v. Schmidt, 437.
Defined Building restrictions-Construction of contracts. See
Arnoff v. Chase, 334.
Inapplicable, when- Suretyship- Contractor abandons street im-
provement - Bonding company completes contract — Material-
men and laborers - Right to balance of city funds. See W. E.
Wright Co. v. Parshall, 517.
Elections Registration of electors Statement of age in years,
etc. Section 4906, General Code - Constitutional law. See
State, ex rel., v. Hillenbrand, 370.
SUPERINTENDENT OF INSURANCE-
Foreign corporations - Failure to make deposits-Section 9510
(2), General Code - Revocation or cancellation of license-
Section 617, General Code. See State, ex rel., v. Tomlinson,
Superintendent of Insurance Supreme Court.
SUPERINTENDENT OF INSURANCE-Continued.
Mutual protective or stock companies - Kinds of business au-
thorized Automobile insurance Section 9607-2, General
Code (107 O. L., 647) — Fire insurance authorized, when. See
State, ex rel., v. Tomlinson, 508.
SUPERVISORS OF ELECTIONS-
Contest of nomination - Remedies - Statutory provisions ex-
clusive, when Mandamus to compel board to rescind action.
See State, ex rel., v. McDonough, 363.
Jurisdiction-Discretionary and ministerial duties — Elections —
Primaries Protest against candidacy — Section 4974, General
Code. See State, ex rel., v. Smith, 358.
Jurisdiction of boards or courts - Primary nominations Protest
against candidate - Recount of ballots - Mandamus to compel
recount. See State, ex rel., v. Russell, 365.
Elections Insufficient or imperfect nomination papers Inde-
pendent candidate for prosecuting attorney. See State, ex rel.,
v. Curtis, 533.
Affirmances-Weight of evidence - Rule 19. See Bayles V.
Welsh, 521.
Case of public or general interest-Order to certify - Intervening
error- ·Court of appeals — Judgments final, when. See Cowen
v. State, ex rel., 394.
Dismissal Cause pending in court of appeals. See Haas v.
State, 519.
Error proceedings-Final order by court of appeals - Contempt
proceedings. See Commissioners v. Harshman, 529.
Judgment reversed by consent. See Coulter v. Chaney, Exr., 531.
Prohibition Writ issued by agreement of parties - Defendant in
default for pleading. See State, ex rel., v. Burkhardt, 515.
Rehearing-Former judgment adhered to. See Fred R. Jones
Co. v. Fath, 534.
Rules of practice-Syllabus contains law of case.
Hauser, 407.
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