Lapas attēli
PDF
ePub
[merged small][merged small][ocr errors][merged small][merged small]

-

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.

VACANCY -

-

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.

VACATING JUDGMENTS-

Vacation and modification during term― Jurisdiction of common
pleas court-Mandamus. See State, ex rel., v. Wesselmann,
525.

VERBAL CONTRACTS-

Statute of frauds inapplicable, when-Agreement to construct
party wall-Action for one-half of cost. See Holmes v. Snyder,
19.

[merged small][ocr errors]

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.

WANTON NEGLIGENCE —

Defined Violation of statute or ordinance - Questions for jury
Negligence and proximate cause. See Higbee Co. v. Jackson,

-

75.

WATERCOURSES-

Dams - Negligence - Construction or maintenance

care required

-

Degree of

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.

WEIGHT OF EVIDENCE-

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.

521.

-

See Bayles v. Welsh,

WELLS-

Contamination - Workmen's compensation - Independant liability
of contributing employer. See Victor Rubber Co. v. Robbins,
536.

WILFUL NEGLIGENCE-

Defined - Violation of statute or ordinance - Questions for jury
- Negligence and proximate cause. See Higbee Co. v. Jackson,
75.

WILLS-

-

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.

WITNESSES-

-

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.

[blocks in formation]

Elections-Registration - Statement of age in years, etc.

Sec-

tion 4906, General Code - Constitutional law. See State, ex rel.,
v. Hillenbrand, 370.

[blocks in formation]

-

"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.

-

-

Construction of con-

Code Concealed

-

"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

and notice dis-

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.

-

[merged small][ocr errors][merged small][ocr errors]

-

"House" defined - Building restrictions
tracts - Deeds. See Arnoff v. Chase, 334.

-

Construction of con-

-

'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.,

sion
473.

-

-

-

"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.

WORKMEN'S COMPENSATION-

-

-

-

Di-

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

Section 1465-86, Gen-

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

[ocr errors]
[ocr errors][merged small]

schoolhouses Section 1031, General Code - Bonds to replace
condemned buildings - Section 7630-1, General Code. See Kin-
singer v. Bd. of Education, 298.

[blocks in formation]

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.

1944/21

« iepriekšējāTurpināt »