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EXECUTORS AND ADMINISTRATORS-Continued.

Election not presumed from securing riders to policies to protect
interest of the dower of testatrix. Bates v. Creed, 338.

Commissions required to be apportioned between the original and
succeeding representatives of intestate's estate. Bates v. Creed, 338.
Acquiescing in collection of rents on property by agents of devisee
not implication of election of widower under will. Bates v. Creed,
338.

Bequest incompetent evidence of payment in action for services
rendered decedent. Fell v. Carter, 511.

EXEMPTIONS-

Property not occupied by parties not ubject to homestead ex
emption. Swigerd v. Deck, 301.

EXPERTS-

See Evidence; Witnesses.

FALSE PRETENSES-

False pretense in obtaining deed though not possession of land.
Golner v. State, 655.

Three counts averring false pretenses in representing ownership
of property not inconsistent or repugnant. Golner v. State, 654.

FAMILY RELATIONSHIP-

Claim for services rendered by member of family must be estab-
lished by unequivocal proof. Brown v. Farr, 662.

FENCES-

Boundary line established by unconnected fences recognizes line.
Epstein v. Kraft, 528.

FLOODS-

Emergency repairs; see Bridges; Counties; Highways.

FRAUD-

Limitations for fraud not applicable to action for recovery of
secret profits by promoter. Marblehead Bank Co. v. Raridon, 289.

FRAUDULENT REPRESENTATIONS-

Mere exaggeration of dividends of stock not fraudulent represen-
tation if truth easily ascertainable. Second Nat. Bank v. McDonald,
423.

GAMING AND GAMBLING-

Recovery of money lost at gambling by trustees in bankruptcy.
Stetson v. Vesper, 515.

GAS AND OIL-

Gas company has no continuing liability to keep service pipes in
safe condition inside curb line. Cooper v. Gas Co. 308.

Notice of defects in service pipes or duty to inspect must be
alleged to render gas company liable from leaks. Cooper v. Gas Co.
308.

GIFTS-

Parol evidence incompetent to explain written receipt of draft
charging drawee's expectancy as gift to her daughter. Ferris v.
Goodin, 110.

GRADE CROSSINGS-

Constitutionality of act compelling street railways to share cost
in elimination of grade crossings. Northern Ohio Trac. & L. Co. v.
Akron, 644.

GUARDIAN AND WARD-

Testimony of party in personal injury case against guardian for
insane party appointed after happening of injury complained of is
not competent. Nolan v. Haberer, 59.

HABEAS CORPUS-

Habeas corpus does not lie for release for one committed for
contempt. Fusfeld, In re, 72.

HEALTH-

Assessment for sewer not set aside because state board of health
requires abatement of nuisance. Thatcher v. Toledo, 606.

HIGHWAYS-

Notice and hearing not required to charge railway with cost of
construction of highway across tracks. Cincinnati v. Railway, 393.

HOMICIDE-

"Guilty of crime charged" sufficient verdict in second degree
murder. Andy v. State, 146.

Instruction concerning aider and abettor not prejudicial by adding
"and to some degree contributed thereto" though surplusage. Andy v.
State, 146.

Mutilated heart of person killed exhibited in homicide trial to
show character of incision. Andy v. State, 146.

Misnomer from misspelling accused's name in indictment for
murder not raised by motion for arrest of judgment. Smile v. State,
454.

Use of numerals to designate degree of murder in verdict rep-
robated but not reversible cause. Smile v. State, 454.

HUSBAND AND WIFE-

Estate of married woman liable for her funeral expenses. Claw
son v. Briggs, 582.

ICE-

Condition of sidewalks, see Municipal Corporations.

INDICTMENT-

See also Criminal Law.

Use of numerals to designate degree of murder in verdict rep-
robated but not reversible cause. Smile v. State, 454.

Indictment for aiding and procuring perjury sufficiently charging
accused with knowledge that principal had knowledge. Walker v.
State, 627.

INDUSTRIAL COMMISSION-

Right of appeal lies from award of industrial commission. Police
v. Industrial Commission, 408.

INFANTS-

Evidence of delinquency of children essential to conviction for
causing and contributing to such delinquency. Petri v. State, 331.

INJUNCTION-

Perfecting appeal suspends order dissolving an injunction. Mas-
sillon Elec. & Gas Co. v. Orrville, 43.

Advice of city solicitor not defense to municipal officers violating
injunctions. Massillon Elec. & Gas Co. v. Orrville, 43.

Injunction against placing railway track in street until abutting
owner compensated. Sommer v. Pennsylvania Co. 95.

Injunction lies against operation of a plant throwing off noisome
odors. Union Reduction Co. v. John Storey, 504.

Contracts in partial restraint of trade strictly construed enforced
only when plain violation appears. Schroeder v. Schultz, 570.

Son agreeing not to engage in named business not enjoinable from
assisting father in same line of business. Schroeder v. Schultz, 570.

INNKEEPERS-

Mutual liability of boardinghouse keeper for property of boarder.
Hughes v. Crawford, 578.

INSANE PERSONS-

See also Guardian and Ward.

Substitution of regularly appointed guardian in action by ward
discharged from insane hospital and dismissal of action not prejudicial
error. Reno v. Love, 296.

INSPECTION-

Stockholder of foreign corporation has right to inspect records
and papers.
American Shipbuilding Co. v. Whitney, 668.

INSURANCE-

Action for cancellation of a substituted benefit certificate pre-
maturely brought before death of insured. Strauch v. Strauch, 140.
Assignee of life policy limited to insurable interest. Postal L.
Ins. Co. v. Harmeyer, 160.

Facility of payment methods upheld as to industrial policies.
Metropolitan Life Ins. Co. v. Burbank, 284.

Entire policy void clause not rendered severable contract by
classification of losses. Muskovitz v. Insurance Co. 324.

Policy voided by failure to disclose liens. Muskovitz v. Insur-
ance Co. 324.

Unconditional and sole ownership provisions reasonable. Musko-
vitz v. Insurance Co. 324.

Foreigner not absolved by ignorance from conditions of contract
signed. Muskovitz v. Insurance Co. 324.

Rider to fire policy permitting closing of factory not exceeding
thirty days no waiver of policy conditions unless endorsed. Watson
v. Insurance Society, 351.

Insurance policy on manufacturing plant voided by factory re-
maining idle. Watson v. Insurance Society, 351.

Waiver of condition of health policy must be pleaded. Continental
Casualty Co. v. Johnson, 580.

Divorced wife not entitled to benefits from fraternal association.
Mahar v. Mahar, 670.

INTOXICATING LIQUORS-

Liquor license board not answerable for refusal to grant license.
Theurkauf v. Wright, 367.

Saloon keeper remaining in saloon after closing hours to com-
pute day's receipts not violation of ordinance. Dunkle v. Junction
City, 399.

Failure to designate place in closing hours ordinances precludes
conviction for violation. Dunkle v. Junction City, 399.

Exceptions as to keeping intoxicating liquors in bona fide resi-
dence in dry territory not applicable to rented room six by eight
feet and without bed or bedding or windows. Stephens v. State, 432.
Affidavit and judgment showing first offense reversal not granted
for failure of record to show such fact. Kreimer v. State, 491.

Evidence that husband was drunk in saloon not sufficient in
action by wife for sale of liquor to husband. Trumble v. Colgan, 517.

JUDGMENTS AND DECREES-

See also Damages; Verdicts.

Vacation of joint judgment entered without personal representa-
tive of joint defendant dying after submission. Meredith v. Manu-
facturing Co. 241.

Entry construed personal judgment upon sustaining allegations
of cross petition praying personal judgment. Swigerd v. Deck, 301.
Conclusiveness of former judgment as to matters determined and
that might have been litigated in same action. Feazel v. Feazel, 328.

JURY-

Liability of street railway for elimination of grade crossing de-
terminable by jury. Northern Ohio Trac. & L. Co. v. Akron. 644.

JUSTICE OF THE PEACE-

See Courts; Limitations.

LANDLORD AND TENANT-

Failure to remove small part of goods on last day of lease not
holding over. Crow v. Simms, 518.

Landlord not liable for injuries on leased premises while land-
lord without entry reservation was making repairs. Gruber v. Aust-
gen, 559.

LAST CHANCE-

See Negligence; Pleading.

LIBEL AND SLANDER-

Not libelous per se as affecting trade relations to publish that
tradesman suddenly decided to retire from business. McKelvey Co.
v. Nanson, 390.

Intentional fraud necessary to be shown in libel based on words
used in disbarment proceedings. Preusser v. Faulhaber, 568.
LICENSES-

See Intoxicating Liquors.

LIMITATIONS OF ACTIONS—

Action for value of services maintainable, failure to compensate
by bequest for services rendered, limitation runs from appointment
of administrator. Walters v. Heidy, 166.

Bar of four years' limitation runs from accrual of right of action
for conversion. Gillespie v. Holland, 220.

Action on agreement to make testamentary provision for com-
pensation for services in caring for an aged couple barred by stat-
ute. Sayler v. Sellers, 225.

Boundary line accepted as the true boundary for more than twen-
ty-one years becomes the established boundary line. Helbling v.
Realty Co. 256.

Limitations for fraud not applicable to action for recovery of
secret profits by promoter. Marblehead Bank Co. v. Raridon 289.

Limitation of time waived by submission of trial to justice of the
peace. Corrigan v. Marshall, 526.

MALICIOUS PROSECUTION-

Discharge of accused by examining magistrate prima facie evi-
dence of want of probable cause. Jennings v. Shepherd, 157.

Action against corporation for malicious prosecution, plaintin
may testify connection with company in other states. Adams Co. V.
Robertson, 543.

Binding accused to grand jury not probable cause. Adams Co. v.
Robertson, 543.

Punitive damages recoverable in malicious prosecution. Adams
Co. v. Robertson, 543.

In malicious prosecution defendant permitted to testify as to his
malice. Schwartz v. Fridrick, 555.

MANDAMUS-

Mandamus does not lie to compel clerk of common pleas to issue
naturalization papers. State v. Salen, 541.

MASTER AND SERVANT-

Motorman not fellow servant of lineman.
P. Co. v. Barr, 79.

Mansfield Ry. L. &

Failure to instruct employe engaged in dangerous work not
actionable unless failure caused accident. Hawkins v. Railway, 107.

Projecting one's foot into an open elevator shaft proximate cause
of injury, not fact of tying door open. Pfau Mfg. Co. v. Beck, 435.
Window washer ordered to wash windows against protest because
of ice on sills. Neave Bldg. Co. v. Roudebush, 589.

Responsibility as between dock company and steamship company
for safety of employees unloading vessel. Guarrino v. Union Dock
Co. 677.

MECHANICS' LIENS-

Owner need not stop payment of checks to subcontractors mailed
before but on same day mechanic's lien filed if balance due on build-
ing exceeds sum of checks and mechanic's lien. Moesser v. Lumber
Co. 169.

MORTGAGES-

Accepting mortgage from heirs does not waive priority of claims
against estate. Schell v. Bernhard, 39.

Indemnity mortgage regarded as money not equitably due and
cannot be recovered. Bauer v. Nickol, 75.

Judgment debtor contrary to judgment creditor cannot compel

foreclosure sale. Krippendorf v. Ormsby, 172.

Covenant to sell only mortgagor's brew of beer enforceable in
equity. Cleveland & S. Brew. Co. v. Kraval, 557.

MUNICIPAL CORPORATIONS-

See also Master and Servant; Negligence; Courts.
Municipality having granted franchise to electric light company
cannot construct municipal plant without purchase or condemnation
of private plant. Massillon Elec. & Gas Co. v. Orrville, 43.

Ordinance for issuing municipal light bonds of general nature
and publication in one newspaper insufficient. Massillon Elec. & Gas
Co. v. Orrville, 43.

Municipality can not hold as trustee and adversely. Newark v.
Crane, 114.

City abandoning dedicated use denied retention for other pur-
poses. Newark v. Crane, 114.

Appeal lies to probate court order assessing damages for land
appropriated by municipality. Miller v. Akron, 126.

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