Railroads - Validity of order-Reducing freight rate - 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.
County treasurer- Failure to give bond-Section 2634, General Code-Treasurer-elect dies before term commences Appoint- ment by county commissioners valid. See State, ex rel., v. Baldwin, 65.
Vacation and modification during term― Jurisdiction of common pleas court-Mandamus. See State, ex rel., v. Wesselmann, 525.
Statute of frauds inapplicable, when-Agreement to construct party wall-Action for one-half of cost. See Holmes v. Snyder, 19.
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.
Defined Violation of statute or ordinance - Questions for jury Negligence and proximate cause. See Higbee Co. v. Jackson,
Dams - Negligence - Construction or maintenance
Res ipsa loquitur. See Ice Co. v. Mattern, 62. Railroad embankment obstructs surface water-Injunction and damages Jurisdiction to order nuisance abated. See Erie Rd. Co. v. Garman, 516.
Weight of Evidence- Wills.
Court of appeals Jurisdiction to review-Section 11577, Gen- eral Code-Trial court refuses second new trial. See Cleve- land Ry. Co. v. Trendel, 316.
Supreme court — Affirmances Rule 19.
Contamination - Workmen's compensation - Independant liability of contributing employer. See Victor Rubber Co. v. Robbins, 536.
Defined - Violation of statute or ordinance - Questions for jury - Negligence and proximate cause. See Higbee Co. v. Jackson, 75.
1. Validity — Devise contingent upon recovery — A testamentary clause in a will disposing of the testatrix's property after death, in case she does not recover, is a contingent will, and valid if recovery does not occur. Underwood v. Rutan, 306. 2. Execution — Attestation or acknowledgment sufficient, when — Witnesses to signature by mark - Where two subscribing wit- nesses have seen a testatrix subscribe her name to a will by di- recting another to sign her name thereto in her presence, the testatrix attaching her mark thereto, and the signature so made is then attested and subscribed by said witnesses in the testatrix's presence, the will is properly executed. In such case it is not necessary that the testatrix declare that the instrument is her will or that she has signed it. (Keyl et al. v. Feuchter et al., 56 Ohio St., 424, distinguished.) Ib.
Construction-Fee simple devise not limited by later item, when. See Patterson v. Patton, 522.
Contest - Evidence - Competency of witnesses - Privileged com- munications Exceptions - Conversation between testator and attorney inadmissible, when Sections 11493, 11494 and 11495,
General Code. See Swetland v. Miles, 501.
Witnesses-Words and Phrases.
Competency- Privileged communications — Exceptions - Attor- ney and client - Contest of will-Section 11494, General Code. See Swetland v. Miles, 501.
Contempt - Commitment by notary public-Cross-examination of adverse party by deposition - Sections 11497 and 11526, Gen- eral Code - Habeas corpus. See Koppel v. Bader, 511, and Ex parte Berger, 512.
Elections-Registration - Statement of age in years, etc.
tion 4906, General Code - Constitutional law. See State, ex rel., v. Hillenbrand, 370.
"Abutting" property owners - Assessments Interurban 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.
"Affirmative testimony" defined - Weight and value-Charge to jury — Criminal law. See State v. Davies, 487. "Building" defined - Building restrictions tracts - Deeds. See Arnoff v. Chase, 334. "Carry" defined - Section 12819, General weapons. See State v. Nieto, 417. "Certificate" - Civil service-Certificate of eligibility and notice distinguished. See State, ex rel., v. Commissioners, 336. "Contingent will" - Devise contingent upon recovery - Validity. See Underwood v. Rutan, 306.
"County functions” — Investigation and prosecution of crimes. See State, ex rel., v. Price, 50.
"Eligibility"- Civil service-Certification
tinguished. See State, ex rel., v. Commissioners, 336. "Excise tax" - Constitutional power of legislature - Regulation and license of motor vehicles. See Saviers v. Smith, Secy. of State, 132.
"Expressly" - Section 26, General Code-Repeals and amend- ments. See State, ex rel., v. Zangerle, Auditor, 235.
"General laws" construed - Section 3, Article 18, Constitution (1912) Local police regulations. See Leis v. Cleveland Ry. Co., 162.
"House" defined - Building restrictions tracts - Deeds. See Arnoff v. Chase, 334.
'Judicial functions" construed - Grand jury, attorney general and prosecuting attorney Special grand juries- Section 13560, General Code (108 O. L., pt. 1, 158). See State, ex rel., v. Price, 50. "Member of family" - Brother of insured — Policemen's benevo- lent associations - Beneficiaries. See Wegener v. Wegener, 22. "Municipal functions" — Investigation and prosecution of crimes. See State, ex rel., v. Price, 50.
"Negative testimony" defined-Weight and value-Charge to jury- Criminal law. See State v. Davies, 487.
"Notice" — Civil service - Notice and certificate of eligibility dis- tinguished. See State, ex rel., v. Commissioners, 336.
“Overcharge” — Railroad rates
- Section 579, General Code. See
C., C., C. & St. L. Ry. Co. v. Mills Bros., 173.
"Party plaintiff" defined. See Martin v. Columbus, 5.
"Pending" action— Right to take depositions — Error proceed- ings. See Fairchild v. L. S. Elec. Ry. Co., 271.
"Proceedings"-Section 26, General Code-Resolution for road improvement. See State, ex rel., v. Zangerle, Auditor, 235. "Public money". Maintenance fund for public utilities commis- Created by assessments. See Donahey v. State, ex rel.,
"State functions" - Investigation and prosecution of crimes. See State, ex rel., v. Price, 50. "Structure" defined - Building restrictions Construction of con- tracts. See Arnoff v. Chase, 334. "Territory affected" construed Section 4736, General Code · Schools - Creation of new districts. See State, ex rel., v. Howard, 532. "Wanton and wilful negligence" defined Violation of statute or ordinance Question for jury. See Higbee Co. v. Jackson, 75.
Appeal to common pleas court-Award denied claimant rected verdict. See Leonard v. Industrial Commission, 524. Appeal to common pleas court-Award denied claimant — Section 1465-90, General Code (103 O. L., 88) - Verdict for compensa- tion and award paid-Subsequent application for compensation
Workmen's Compensation — Writ of Prohibition.
WORKMEN'S COMPENSATION - Continued.
- Denied by industrial commission - Appeal does not lie, when -Jurisdiction of industrial commission
eral Code. See Indus. Comm. v. Davidson, 71. Appeal to common pleas court-Limitation of time - Section 1465-90, General Code - Award denied claimant — Application for rehearing filed after thirty days. See Indus. Comm. v. Glenn, 454.
Five workmen or operatives regularly employed - Section 1465-61, General Code - Question of fact - Partnership. See State, ex rel., v. Derrer, 498.
Independent liability of contributing employer-Death from con- taminated well. See Victor Rubber Co. v. Robbins, 536.
WORKSHOPS AND FACTORIES— Industrial commission - Constitutional
schoolhouses Section 1031, General Code - Bonds to replace condemned buildings - Section 7630-1, General Code. See Kin- singer v. Bd. of Education, 298.
Probate court-Personal judgment against legatee-Issuance of execution - Remedy of aggrieved party — The writ of prohibi- tion does not lie to prevent the ministerial act of a probate judge, acting as clerk ex officio, issuing an execution upon a judgment in his court, since such act does not involve judicial nor quasi-judicial functions. State, ex rel., v. Lueders, 211. Issued by agreement of parties - Defendant in default for plead- ing. See State, ex rel., v. Burkhardt, 515.
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