COUNTERCLAIM AND SET-OFF- Surety on replevin bond entitled to benefit of judgment obtained Verdict finding defendant's damages counter-balance plaintiff's COUNTIES- Statutory provisions for notice of improvement not applicable in Without authority to contract for lighting county buildings with- COURTS- Effect of objection to jurisdiction not destroyed by subsequent Juvenile court statute does not supersede divorce statutes as to Common pleas has continuing jurisdiction in divorce as to cus- Court having first jurisdiction retains it. Cleveland Prot. Orphan Writ of prohibition denied until jurisdiction denied in court No appeal from Cincinnati superior court to court of appeals. Limitation of time waived by submission of trial to justice of COVENANTS- Right of way of sole benefit to grantee breach of covenant against Pipe line held private enterprise and distinguished from roads Bill of particulars for breach of warranty to pay incumbrances Covenant to sell only mortgagor's brew of beer enforceable in CONVERSION- Assertion of ownership by party wrongfully taking property not Bar of four years' limitation runs from accrual of right of action CREDITOR'S BILL- Issue raised by third party intervening on creditor's bill and CRIMINAL LAW- Pure food criminal statute does not change rules of evidence in Near relative of state witness may act as interpreter in trial for 44 O. C. C. Vol. 36. CRIMINAL LAW-Continued. Omitting material element in stating law to jury erroneous though Authorizing verdict upon assault with dangerous instrument er- Abiding conviction of defendant's guilt not sufficient to satisfy Incompetency of accused defending without counsel being shown, Question as to accused's having something to say on sentence Waiver of jury trial not affirmatively shown by failure "to de- Commitment of delinquent child to reformatory discretional. Use of numerals to designate degree of murder in verdict repro- Misnomer from misspelling accused's name in indictment for mur- Proper venue required shown to convict for failure to properly Indictment for aiding and procuring perjury sufficiently charging Three counts averring false pretenses in representing ownership DAMAGES- See also Verdicts. Pure food criminal statute does not change rules of evidence in Kean Speculative profits which might have resulted not counter-claim Measure of damage for breach of employment contract. Beth DEATH- See also Negligence; Railroads. Death resulting directly and proximately from violation of mu Estate of married woman liable for her funeral expenses. Claw- DEDICATION- City abandoning dedicated use denied retention for other pur- Fee remains in heirs of dedicator and upon abandonment of Fee of land dedicated for cemetery uses remains in patentee 114. Fee not conveyed by common law dedication. Newark v. Crane, Land dedicated for a specific use can not be diverted to other Upon abandonment by a town of the public purpose of the dedi- DEEDS- Bailee loaning money to stranger on unrecorded deed with ab- False pretense in obtaining deed though not possession of land. DELINQUENTS- Evidence of delinquency of children essential to conviction for DEPOSITIONS- See also Evidence. Date of service of notice of appeal in election contest and date DESCENT AND DISTRIBUTION- Term, intestate, not personal in application, but applies to prop- DISBARMENT- See Attorney and Client. DISMISSAL AND NONSUIT- Motion to direct verdict, refused if evidence tends to prove DIVORCE AND ALIMONY- Juvenile court statute does not supersede divorce statutes as Order in divorce proceedings affecting custody of children held Aggressions prior to insanity cause for divorce of insane hus- Concealing congenital insanity invalidates marriage. Benton v. Divorced wife not entitled to benefits from fraternal association. DOWER- Election not presumed from securing riders to policies to protect EASEMENTS- Pipe line held private enterprise and distinguished from roads Right of way of sole benefit to grantee breach of covenant against EGGS- See Pure Food Laws. ELECTION- See Appeal; Depositions; Executors and Administrators; Specific ELECTIONS- See also Appeal. Dismissal without prejudice of notice of election appeal not bar Reviewing courts required to determine questions of election sub- ELECTRICITY- Municipality having granted franchise to electric light company Negligence of lineman repairing trolly wires jumping from perch Electric railway required to protect lineman repairing wire from Private electric light company may erect and maintain poles and Municipal authorities regulate location of poles and wires in ELEVATORS- Projecting one's foot into an open elevator shaft proximate cause EMERGENCY STATUTE- See Bridges; Counties; Highways; Municipal Corporations. Appeal lies to probate court order assessing damages for land EQUITY- Indemnity mortgage regarded as money not equitably due and Prayer for equitable relief effective to cure technical defects in ERROR- Substantial justice done judgment not reversed. Northern Ohio Judgment for quantum meruit embodying substantial justice sus- Party estopped on error first to complain of trial of issue for Court striking from files answer filed by leave because motion Dismissal on appeal and affirmance on error to judgment on de- Reviewing courts required to determine questions of election Error will not lie in appealable case after appeal perfected and 525. Error lies but once. Widows & Orphans Fund v. Central Verein, Motion to strike bill of exceptions from files lost for failure to Picturesque and exaggerated language by prosecutor not ground EVIDENCE- Evidence of motormen as to running and means of stopping car, Defendant cannot complain of instruction on burden of proof Pure food criminal statute does not change rules of evidence in Mutilated heart of person killed exhibited in homicide trial to Discharge of accused by examining magistrate prima facie evi- Party estopped on error first to complain of trial of issue for Question as to accused's having something to say on sentence Finding as to pedigree not disturbed if elimination of all branches Unauthenticated copy of court proceedings not competent as proof of question of fact. Harlan v. Gunderson, 441. Contents of will and record destroyed not established by single Burden of proof not on plaintiff to show absence of contributory Evidence that husband was drunk in saloon not sufficient in action Cross examination of witness to shady transaction. assuming his EXECUTORS AND ADMINISTRATORS- See also Death. Parol evidence incompetent to explain written receipt of draft Parol evidence incompetent to explain written receipt of draft Action for value of services maintainable, failure to compensate Order of probate court of an appointment of administrator in Receiving rents on life estate by widower no implication of elec- Quitclaiming interest in property of estate precludes implication of election to take under will. Bates v. Creed, 338. |