Hamilton County Appeals. tate to make a formal assignment of the policy to himself in the settlement of her estate, although that might have properly been done. It is true that under the terms of Secs. 9398 and 9399 G. C. this policy might have been made payable to and written for the benefit of the wife and children, instead of, as it was, to her and her executors, administrators or assigns. In that event, it would have gone to the children after her death. Or, she might have bequeathed it by her will to her children instead of to her husband. Either plan would have accomplished the intention for which plaintiff in error contends. But the policy was not solely to her, but to her "and her executors," etc., and giving the broadest construction possible to the sections of the statute relied upon, they would not prevent her disposition of it by her will. The history of the legislation now embodied in these sections shows that it was enacted before the married woman's enabling act, for the purpose of permitting insurance for the separate estate of a married woman for her benefit and that of her children, free from the debts of her husband. It is not necessary to say more as the questions involved have been fully considered in the opinion of the court below. The judgment is affirmed. Jones, E. H., and Gorman, JJ., concur. INDEX ACTION OR SUIT- Contract of railroad relief department cannot preclude recovery Alien domiciled in United States at beginning of hostilities not ADVERSE POSSESSION- Permissive and occasional use of enclosed way vests no rights in ALIENS- See also Naturalization. Alien domiciled in United States at beginning of hostilities not ANIMALS- To recover damages for the transporting hogs infected with cholera ANNEXATION- See Municipal Corporations. APPEAL- Validity of appointment of administrator on appeal from probate Appeal from civil service commission to common pleas perfected, Common pleas on appeal from municipal civil service commission Appeal lies to decree in will contest as in chancery. Ohio Sav- ARBITRATION AND AWARD- Award of two arbitrators is common law not statutory award. ASSAULT AND BATTERY- Instruction as to assault and battery in manslaughter unneces- ASSESSMENTS- Signature of abutter on petition for improvement waives limita- 653 ASSESSMENTS-Continued. Special assessments for street improvements limited to benefits. Waiver of limitation of special assessment to special benefits re- ATTORNEY AND CLIENT- Attorney permitting use of office as clearing house for strike Court of appeals has inherent power only in disbarment proceed- Privilege of counsel does not extend to discussion of future wrong- Counsel may comment on failure of adversary to call certain wit- AUTOMOBILES Violation of speed limit by operator of automobile causing death Automobile not exempt in lieu of homestead when owner and wife Automobile not "implement" exempt from execution. Johnson Ordinance requiring identification of owner of vehicle colliding Ordinance requiring owner of vehicle after collision to render Competency of testimony of expert as to whether an automobile Driver of automobile on right side of road turning to left and Automobile not charged being unlawfully on wrong side of street Pedestrian alighting from street car not bound to look in both BANKRUPTCY- Claim for money obtained under false pretenses not discharged BASTARDS- Child in ventre not rendered illegitimate by divorce of parents Creager, 417. BILL OF EXCEPTIONS- State v. Mandamus to compel judge to sign or prepare bill of exceptions denied. State v. Baer, 321. BUILDINGS- Cornice extension not injuring use of lot adjoining no defense. Cornice of building extending beyond party wall violation of prop- Building code prohibition against erection of certain buildings Building commission governed by regulations as to specifications BURNS LAW- See Counties; Municipal Corporations; Schools and Schoolhouses. CARRIERS- Interstate commerce freight rates binding on shipper and carrier. Misquotation of rate by carrier's agent and payment by shipper Delivery to common carrier consigned to purchaser pursuant to Consignee compelled to pay demurrage on car load of goods re- CHARGE TO JURY- Failure in instructing jury as to separate defenses of want of con- Instruction before argument authorizing verdict against interurban Matters omitted must render charge misleading. Morgenroth v. Refusal to submit series of requests as entirety. CIVIL SERVICE- See also Municipal Corporations; Office and Officers. CLERK OF COURTS- Schatzinger County clerks entitled to one-half of fees for naturalization earned COMMERCE- Interstate commerce freight rates binding on shipper and carrier. Statute prohibiting voluntary relief associations construed to COMPENSATION AND SALARIES- Deputy state supervisors of elections entitled to two dollars for County clerks entitled to one-half of fees for naturalization COMPENSATION AND SALARIES-Continued. Compensation of constables in prosecutions for neglecting chil- CONFLICT OF LAWS- Railway and employe required to show interstate employment to CONSTABLES- Compensation of constables in prosecutions for neglecting chil CONTEMPT OF COURT- Contempt in enticing juror in criminal case to visit prosecuting Contempt proceeding is quasi-criminal and presumption of inno- CONTRACTS- Promise to devise specific property based on valuable considera- Terms of written contract cannot be varied by parol evidence but Judgment of employer not "reasonable men" controls construction Good fortune of contractor in having part of improvement done Alternative bidding not contrary to public policy. State V. CORPORATIONS- Sale of entire assets of corporation requires no confirmation. Wil- Dividends, cash or stock, pass to widow as life tenant provided Deposit of foreign insurance company administered on insolvency Taxes on stock not collectible from assignee in insolvency. Irish COPYRIGHT- Manufacturer copyrighting catalog containing measurement in- COUNTERCLAIM AND SET-OFF- Limitations not applicable to defenses not involving set-off or COUNTIES- Allegation of money in hands of county treasurer to credit of |