INDEX

ACCORD AND SATISFACTION-

Release for personal injuries - Mental capacity to contract –
Question for jury-Error to direct verdict. See Brown v.
Manufacturing Co., 440.

ACTIONS-

Mobs Judgment against county-Action against corporation
not barred, when Armed guards kill another. See Tin Plate
Co. v. Griffith, 73.

Municipal corporations - Failure to advertise for bids-Water-
works contract—Implied liability or damages for conversion.
See Frisbie Co. v. East Cleveland, 266.

Revivor - Foreclosure - Claim reduced to judgment, when-
Statute of limitations - Sections 11645 and 11648, General Code.
See Weenick v. Slutz, 342.

Estates Sale of realty to pay debts

-

Who may maintain ac-
tion Remedy of creditor. See Rheinfrank v. Hurr, 439.

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ACT OF GOD-

-

Negligence- Proximate cause — Superior force and concurrent
negligence-Floods - Embankment breaks-Charge to jury.
See City of Piqua v. Morris, 42.

ADMINISTRATORS AND EXECUTORS -

-

Estates Sale of realty to pay debts - Who may maintain action
- Remedy of creditor. See Rheinfrank v. Hurr, 439.

-

ADVANCEMENTS —

Workmen's compensation - Advancements by employer-Who
entitled to commission's award. See State, ex rel., v. Indus.
Comm., 459.

ADVERTISEMENT-

Service by publication - Foreclosure - Judgment - Proceedings
to open - Section 11632, General Code - Bona fide purchasers
unaffected, when-Section 11633, General Code - Claim of
actual residence by defendant - Real property. See Moor v.
Parsons, 233.

Advertisement - Assessments.

ADVERTISEMENT

-

Continued.

Municipal corporations - Failure to advertise for bids-Water-
works contract- Implied liability or damages for conversion.
See Frisbie Co. v. East Cleveland, 266.

AFFIRMANCES -

Supreme court-Concurrence of judges.

-

- Section 5052, General

-

Code Declared constitutional by court of appeals. See Barker
v. City of Akron, 446.

Supreme court - Rules of practice - Affirmance of judgment-
Involving weight of evidence. See Banking Co. v. Telegraph
Co., 455.

AIDERS AND ABETTORS—

-

Charge to jury- Criminal law Homicide-Self-defense-
Duty to retreat - Misconduct of counsel. See Graham v. State,
77.

ALIMONY -

Court of appeals — Jurisdiction on appeal. See Wells v. Wells,
448.

APPEAL AND ERROR-

Foreign corporations - Refusal of certificate by secretary of
state- Remedies Mandamus or statutory appeal. See State,

-

ex rel., v. Fulton, 350.

Public utilities commission - Application for rehearing-Filed

after statutory period - Jurisdiction
Pollitz v. Pub. Util. Comm., 445.

Supreme court. See

Court of appeals - Jurisdiction on appeal - Divorce and alimony.
See Wells v. Wells, 448.

Workmen's compensation - Jurisdiction

Common pleas court-

-

Action by claimant - Court of appeals - Duty to consider all
assignments of error. See Ware v. Indus. Comm., 458.

ASSESSMENTS-

Sewers Limited to special benefits - Sewers constructed in par-
allel streets Right to assess for abutting improvement.
Connection with sewer in rear street- By crossing intervening
lot - Adequate local drainage. See Cincinnati v. Doerger, 161.

Attempt at Pocketpicking - Bar to Action.

ATTEMPT AT POCKET PICKING-

Municipal ordinance - Misdemeanors

Constitutional law

Lo-

cal police regulations - Section 3, Article 18, Constitution,
1912 Criminal law. See Greenburg v. Cleveland, 282.

ATTORNEY AND CLIENT-

Misconduct of counsel - Failure to object - But affidavit attached
to motion for new trial-Record incomplete, when. See
Graham v. State, 77.

Rapid transit system-Authority of commission to employ coun-
el and fix compensation - Section 4000-18 et seq., General
Code (106 O. L., 286.) See Cincinnati v. Rogers, 246.
Attorneys' fees - Money paid into court-Jurisdiction — State
courts Subject-matter pending in federal court. See John-
son v. Skehan, 456.

-

-Warns away intruding child

Duty to exercise reasonable care continues, when - Liability --
Statical condition made perilous - Charge to jury. See Ziehm
v. Vale, 306.

AUTOMOBILES —

Negligence Owner warns away intruding child-Duty to exer-
cise reasonable care continues, when - Liability — Attractive
nuisance Statical condition made perilous - Charge to jury.
See Ziehm v. Vale, 306.

Negligence Imputed - Guest of driver of automobile - Charge
to jury-Exercise of care. See Commissioners v. Bicher, 432.

AWARDS-

Workmen's compensation — Advancement by employer-Who
entitled to commission's award. See State, ex rel., v. Indus.
Comm., 459.

Taxation - Money of Ohio corporation - Deposited in foreign
bank. See Coal Co. v. O'Brien, 14.

BAR TO ACTION -

Mobs - Judgment against county - Action against corporation
not barred, when - Armed guards kill another. See Tin Plate
Co. v. Griffith, 73.

BIDS-

Bids-Bonds (Municipal).

Municipal corporations-Failure to advertise-

Waterworks con-

tract- Implied liability or damages for conversion. See Frisbie
Co. v. East Cleveland, 266.

BILL OF EXCEPTIONS-

Error proceedings - Misconduct of counsel - Failure to object —
But affidavit attached to motion for new trial - Record incom-
plete, when. See Graham v. State, 77.

Error proceedings- Sufficiency of record - Demand and refusal
of jury trial - Accused in misdemeanor prosecution. See Hoff-
man v. State, 137.

BOARD OF AGRICULTURE-

Regulation of sale of hog virus - Constitutional law Police
power-Revocation of permit-Applicant estopped, when.
See State, ex rel., v. Bd. of Agri., 469.

BOARD OF COMMISSIONERS—

-

Negligence Public highways - Failure to erect guardrails
Perpendicular wash banks-Sections 7563 and 7565, General
Code. See Commissioners v. Boucher, 263.

Franchise rates - Complaint against same before contract expires
-Jurisdiction - Public utilities commission. See Interurban
Ry. Co. v. Util. Comm., 287; Ry. & L. Co. v. Util. Comm., 303,
and Traction Co. v. Util. Comm., 305.

BOARD OF EDUCATION-

Transfer of territory - From centralized district-Three-year
limitation Section 4727, General Code. See Bd. of Edn. v
Bd. of Edn., 444.

-

Newly created districts - Authority to appoint board Subse-
quent election - Title to office Sections 4712, 4736 and 4736-1,
General Code. See State, ex rel., v. Houpt, 451.

Referendum required, when-Necessity of legislation by council
-Initiated ordinances - Bond issue ratified by electors - Lim-
itation of indebtedness. See Heffner v. Krinn, 1.

Building Regulations — Character.

BUILDING REGULATIONS-

-

Municipal corporations - Police power Obnoxious business pro-
hibited In residence districts - Constitutional law-Impair-
ment of contracts and retroactive legislation - Building permit
Revocation after ordinance enacted - Mandamus to compel
reissue. See State, ex rel., v. Rendigs, 251.

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CARE-

Negligence-Automobile owner

-

-Warns away intruding child-
Duty to exercise reasonable care continues, when — Charge to
jury. See Ziehm v. Vale, 306.

Negligence Imputed - Guest of driver of automobile - Charge
to jury-Exercise of care. See Commissioners v. Bicher, 432.

CARRIERS-

Public utilities commission-Valuation of utilities - For fixing
or reviewing rates - Section 499-8 et seq., General Code -
Method of determining rate-Section 614-23, General Code -
Reasonableness and lawfulness of orders. See Lima Tel. Co.
v. Pub. Util. Comm., 110.

Railroads Private tracks - Jurisdiction of public utilities com-
mission Section 523, General Code - Railroad's duty to pub-
lic Discrimination - Common carriers - Extension of lines,
etc.— Corporate powers or governmental regulation. See Mor-
gan Run Ry. v. Pub. Util. Comm., 218.

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CENTRALIZED SCHOOLS-

Transfer of territory - From centralized

district - Three-year

limitation Section 4727, General Code. See Bd. of Edn. v.
Bd. of Edn., 444.

CERTIFICATE—

State medical board - Revocation of physician's certificate. See
Geer v. State, 441.

CHARACTER —

Criminal law- Evidence- Character of prosecutrix - Rebuttal
· General reputation inadmissible, when. See Reed v. State,