newspaper published at Warren. After serving in that capacity for some time he went to New York City and secured employment as a printer on the New York Herald and afterwards became associated as a compositor and proofreader with Appleton's publishing house. At a later period he returned to Warren, where he secured employment as deputy clerk in the probate and common pleas courts of Trumbull county, which position he held for some time. His ambi tion was to become a lawyer and he devoted such time as he could spare from his regular work to reading law, his preceptor in his legal studies being Hon. Jacob D. Cox, then a member of the Warren bar afterwards governor of Ohio and secretary of the interior in the cabinet of President Grant. After reading law in this way for some years young Spear attended the Harvard Law School, where he graduated in 1859. He then returned to Warren, where he was admitted to the bar and became a member of the law firm of Cox & Ratliff. Subsequently he became a law partner of John C. Hutchins, an attorney at Warren. On the 28th of September, 1864, at Lima, New York, he was married to Miss Francis Eliza York of that place, who bore him four sons, Louis H., Frederick R., Lawrence T., and David A., each of whom, with their mother, survive him. He was twice elected city solicitor of Warren and upon the expiration of his second term, was elected prosecuting attorney of Trumbull county, and at the expiration of his term as prosecutor was re-elected. After the expiration of his second term as prosecutor he formed a partnership for the practice of law with C. A. Harrington, a pros perous attorney of Warren. This partnership lasted until 1877, when he was elected judge of the court of common pleas. At the expiration of his first term as judge he was re-elected for a second term and had served two years when he was elected a member of the supreme court of this state to fill the unexpired term caused by the death of Judge John W. Okey. This was in 1885. He took his seat as a member of this court at the January term of 1886. The first case in which he delivered the opinion of the court was The State, ex rel. Bedford, v. Hueston, reported in 44 Ohio State Reports, page 1. He served as a member of this court for an unbroken period of twenty-eight years. From the establishment of this court no other member of it rendered such continuous service. The last case in which he delivered the court's opinion was Rock v. Monarch Building Company et al., 87 Ohio State, page 244. His opinions are found in every volume of our State Reports from the 44th to the 87th Ohio State, inclusive. He delivered the opinion of the court in two hundred and eightyeight cases, a record unequaled by any member of the supreme court of Ohio. Judge Spear was qualified by nature for a judicial career. His mind was logical and was well poised and balanced. He did not reach conclusions rapidly, but considered every question in a case with ceaseless care and labor. He sought to be just, fair and right in his conclusions concerning the law and the application of the principle which should control the case. He was a good listener -an admirable virtue in a judge. He was always courteous, kind, patient and affable in his relations with members of the bar. His life was an encouragement and an inspiration to all who met him, whether in their common profession or through the accidents and chances of business and life. He will live in the history of this court as one of its strongest, most conscientious, honest, able and laborious members. His judicial integrity and the purity of his public and private life were never questioned. His domestic life was ideal, for he was an affectionate and loving husband and a kind and devoted father. He was endowed by nature with those gentlemanly attributes which attached him to all with whom he came in contact. He commanded their respect, their admiration and their confidence. He won his way to success and eminence by the correctness of his life, the integrity of his conduct and the manliness of his character. He passed away honored, revered and loved by all who knew him. His example cannot be forgotten. Your committee moves that as a tribute to the memory of the deceased this memorial be entered upon the journal of this court and that it be published in the next volume of your decisions and that the clerk of this court be directed by you to transmit a copy thereof to the widow of the deceased. Respectfully submitted, D. K. WATSON, T. E. POWELL, H. M. DAUGHERTY, T. I. GILLMER, A. N. SUMMERS. CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF OHIO JANUARY TERM, 1913 HON. HUGH L. NICHOLS, CHIEF JUSTICE. HON. JOHN A. SHAUCK, HON. JAMES G. JOHNSON, JR., HON. MAURICE H. DONAHUE, HON. R. M. WANAMAKER, HON. OSCAR W. NEWMAN, HON. J. FOSTER WILKIN, JUDGES. VAN CAMP V. MCCULLEY, TRUSTEE. Creditor of insolvent corporation-Sues for unpaid stock subscriptions-Pending demurrer, trustee in bankruptcy appointedTrustee may be substituted as plaintiff-With leave to file amended petition and make new parties—Effect of substitution and amendment-Error to sustain demurrer to original petition, when-Court procedure. 1. Where a creditor of an insolvent corporation enters suit in behalf of himself and other creditors against C. and other stockholders, to compel payment into court of unpaid subscriptions to capital stock of the corporation, C. demurs on the ground that plaintiff has not reduced his claim to judgment and exhausted his legal remedies, and, pending the demurrer, a trustee of the insolvent corporation is appointed |