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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
against railroad company but suit precluded recovery under contract.
Blaney v. Railway, 112.

Alien domiciled in United States at beginning of hostilities not
denied right to bring action for damages. Nyitray v. McAlonan, 183.
Final determination of action puts at rest all matters of defense.
McCord v. McCord, 429.

ADVERSE POSSESSION-

Permissive and occasional use of enclosed way vests no rights in
public. Oberhelman v. Allen, 596.

ALIENS-

See also Naturalization.

Alien domiciled in United States at beginning of hostilities not
denied right to bring action for damages. Nyitray v. McAlonan, 183.

ANIMALS-

To recover damages for the transporting hogs infected with cholera
knowledge of fact is necessary to be proven. Morton v. Murry, 635.

ANNEXATION-

See Municipal Corporations.

APPEAL-

Validity of appointment of administrator on appeal from probate
refusing, cannot be attacked by contention for first time that appeal
would not lie. Ewalt v. Ames, 133.

Appeal from civil service commission to common pleas perfected,
when. Landrey v. Harmon, 303.

Common pleas on appeal from municipal civil service commission
determines de novo question of removal of police or fire chief. Land-
rey v. Harmon, 303.

Appeal lies to decree in will contest as in chancery. Ohio Sav-
ings Bank & Tr. Co. v. Clark, 433.

ARBITRATION AND AWARD-

Award of two arbitrators is common law not statutory award.
Williams Shoe Co. v. Hoffard. 340.

ASSAULT AND BATTERY-

Instruction as to assault and battery in manslaughter unneces-
sary in absence of evidence showing commission of that offense. Bell
v. State, 48.

ASSESSMENTS-

Signature of abutter on petition for improvement waives limita-
tions of assessments but not in excess of benefits. Winchell v. Den-
nison, 202.

653

ASSESSMENTS-Continued.

Special assessments for street improvements limited to benefits.
Winchell v. Dennison, 202.

Waiver of limitation of special assessment to special benefits re-
quires abutter's consent express or implied. Winchell v. Dennison, 202.
Injunction against collection of assessment for sewer, where con-
structed to perform a double purpose at some time in future. Wilson
v. Newark, 443.

ATTORNEY AND CLIENT-

Attorney permitting use of office as clearing house for strike
grafting settlement suspended. Strong, In re, 81.

Court of appeals has inherent power only in disbarment proceed-
ings and is without power to prevent practice in other courts. Strong,
In re, 81.

Privilege of counsel does not extend to discussion of future wrong-
doing of client. Golner v. State, 290.

Counsel may comment on failure of adversary to call certain wit-
nesses. Cincinnati Trac. Co. v. Muenchow, 649.

AUTOMOBILES

Violation of speed limit by operator of automobile causing death
constitutes manslaughter notwithstanding contributory negligence of
deceased. Bell v. State, 48.

Automobile not exempt in lieu of homestead when owner and wife
own homestead even though mortgaged and conveyed to mortgagee.
Johnson Elec. Sup. Co. v. Spence, 99.

Automobile not "implement" exempt from execution.
Elec. Sup. Co. v. Spence, 99.

Johnson

Ordinance requiring identification of owner of vehicle colliding
with person or property valid. Henry v. Cleveland, 165.

Ordinance requiring owner of vehicle after collision to render
reasonable assistance invalid for indefiniteness. Henry v. Cleveland,
165.

Competency of testimony of expert as to whether an automobile
was under control at time of collision with another. Beeson v. Criss,
309.

Driver of automobile on right side of road turning to left and
colliding with another automobile fearing latter would not turn not
absolved from negligence. Beeson v. Criss, 309.

Automobile not charged being unlawfully on wrong side of street
by words "in the place." Klein v. Goldstein, 534.

Pedestrian alighting from street car not bound to look in both
directions for automobiles. Klein v. Goldstein, 534.

BANKRUPTCY-

Claim for money obtained under false pretenses not discharged
in bankruptcy. Matchett v. Allen, 521.

BASTARDS-

Child in ventre not rendered illegitimate by divorce of parents
after conception and before birth. Wilson v. Wilson, 393.
Married woman cannot maintain bastardy proceedings.

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.
Young v. Thedieck, 461.

Cornice of building extending beyond party wall violation of prop-
erty rights. Young v. Thedieck, 461.

Building code prohibition against erection of certain buildings
within sixteen feet of lot line, unreasonable and void. State v. Cleve-
land, 605.

Building commission governed by regulations as to specifications
and lowest bid. State v. Green, 636.

BURNS LAW-

See Counties; Municipal Corporations; Schools and Schoolhouses.

CARRIERS-

Interstate commerce freight rates binding on shipper and carrier.
New York Central Ry. v. Peak, 12.

Misquotation of rate by carrier's agent and payment by shipper
no excuse for paying legal rate. New York Central Ry. v. Peak, 12.

Delivery to common carrier consigned to purchaser pursuant to
written contract passes title to purchaser. Independent Silo Co. v.
Hess, 24. •

Consignee compelled to pay demurrage on car load of goods re-
ceived notwithstanding delay is fault of carrier. Cleveland, C. C. &
St. L. Ry. v. Mayer, 109.

CHARGE TO JURY-

Failure in instructing jury as to separate defenses of want of con-
sideration and failure of consideration. Klein & Heffelman Co. v.
Peterman, 16.

Instruction before argument authorizing verdict against interurban
railway if motorman by proper care could have avoided collision.
Ohio Electric Ry. v. Burkham, 176.

Matters omitted must render charge misleading. Morgenroth v.
Northern Ohio Trac. & L. Co. 510.

Refusal to submit series of requests as entirety.
Cons. Realty Co. v. Stonehill, 587.

CIVIL SERVICE-

See also Municipal Corporations; Office and Officers.

CLERK OF COURTS-

Schatzinger

County clerks entitled to one-half of fees for naturalization earned
prior to enactment of general code. Talbott v. State, 121.

COMMERCE-

Interstate commerce freight rates binding on shipper and carrier.
New York Central Ry. v. Peak, 12.

Statute prohibiting voluntary relief associations construed to
apply only to intrastate railways. State v. Pennsylvania Co. 286.

COMPENSATION AND SALARIES-

Deputy state supervisors of elections entitled to two dollars for
every primary election. Nessdorfer v. State, 43.

County clerks entitled to one-half of fees for naturalization
earned prior to enactment of general code. Talbott v. State, 121.

COMPENSATION AND SALARIES-Continued.

Compensation of constables in prosecutions for neglecting chil-
dren. State v. Cooper, 246.

CONFLICT OF LAWS-

Railway and employe required to show interstate employment to
recover under federal employers' liability act. Rodeff v. Railway, 105.

CONSTABLES-

Compensation of constables in prosecutions for neglecting chil
dren. State v. Cooper, 246.

CONTEMPT OF COURT-

Contempt in enticing juror in criminal case to visit prosecuting
attorney. Golner v. State, 290.

Contempt proceeding is quasi-criminal and presumption of inno-
cence must be overcome by affirmative showing of guilt. Loney v.
Hall, 453.

CONTRACTS-

Promise to devise specific property based on valuable considera-
tion may be enforced. Ralston v. McBurney, 158.

Terms of written contract cannot be varied by parol evidence but
such evidence is competent to show circumstances of execution.
Buschmeyer v. Machinery Co. 207.

Judgment of employer not "reasonable men" controls construction
of phrase in contract of employment to satisfaction of employer.
Stewart v. Rutterer, 547.

Good fortune of contractor in having part of improvement done
without cost. Cincinnati, & E. Elec. Ry. v. Ritty, 619.

Alternative bidding not contrary to public policy. State V.
Green, 636.

CORPORATIONS-

Sale of entire assets of corporation requires no confirmation. Wil-
liams Shoe Co. v. Hoffard, 340.

Dividends, cash or stock, pass to widow as life tenant provided
principal stock not depleted. Ohio Savings Bank & Tr. Co. v. Clark,
433.

Deposit of foreign insurance company administered on insolvency
for Ohio policy holders. Turner v. Insurance Co. 491.

Taxes on stock not collectible from assignee in insolvency. Irish
v. Fancher, 609.

COPYRIGHT-

Manufacturer copyrighting catalog containing measurement in-
structions obtains no exclusive rights. Buob v. Brown Carriage Co.
642.

COUNTERCLAIM AND SET-OFF-

Limitations not applicable to defenses not involving set-off or
counterclaim. Nasby Bldg. Co. v. Building Co. 224.

COUNTIES-

Allegation of money in hands of county treasurer to credit of
proper fund not otherwise appropriated, sufficient. Nussdorfer v.
State, 43.

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