is without jurisdiction to deter-
mine the rights of judgment cred-
itors in land claimed by the widow
by virtue of a lost deed which she
caused to be restored after her
husband's death; such creditors
should go into the common pleas
court and ask to have the deed set
aside and the land sold to satisfy
their claims. 19.

An order to sell corporate stock
at the market price is within the
requirements of the statute; de-
mand can not be made by the cor-
poration for a certified copy of
the order for sale as a condition
precedent to a transfer of the
stock. 86.

It is the duty of the probate
court to appoint the accredited
representative of the Austro-Hun-
garian Government as adminis-
trator of the estate of a deceased
citizen of the Austro-Hungary
Monarchy, when.

107.

Right of appointment of admin-
istrator where treaty provisions
apply. 107.

In an action by the adminis-
trator of a deceased partner for an
accounting of partnership proper-
ty by the surviving partner, the
right of the plaintiff to maintain
the action can not be raised. 609.
AGENCY-

Where an agent makes a pur-
chase for his principal at an
agreed compensation and after-
ward refuses to recognize the in-
terest of his principal in the con-
tract, a constructive trust is cre-
ated in the property in favor of
the principal. 177.

689

In such a case the persons with
whom the agent negotiated for the
property are proper parties to an
action by the principal for com-
pletion of the contract and a rec-
ognition of his rights therein;
upon tender of the amount re-
maining due under the contract,
the principal is entitled to an in-
junction against transfer of the
property to the agent. 177.
ADVERSE POSSESSION-

The right to obstruct a highway
with supports of an overhead rail-
way bridge can not be acquired by
adverse possession. 129.

AFFIDAVIT—

Sufficiency of, where in support
of an attachment on a claim for
necessaries, directed against more
than ten per cent. of the earnings
of the defendant for services ren-
dered within three months. 518.
ALIBI-

Where a charge of murder in
the first degree is based on par-
ticipating in a lynching or riot, an
application for bail should be de-
nied one whose defense is an alibi.
395.

ANIMALS-

Constitutionality of the Ohio act
for prevention of cruelty to ani-
mals. 625.

The discretion of officers and
agents of a humane society in de-
termining that the reloading of
crippled live stock in transit,
which has been unloaded for rest,
feed and water, and the loading of
such live stock in cars containing
the carcasses of dead animals, con-
stitutes cruelty, will not be inter-
fered with by a court of equity on
complaint of live stock commis-
sion men. 625.

APPEAL

Lies against a violation of con-
stitutional rights in the matter of
taxation. 93.

Where such rights have been
violated by the Tax Commission

of Ohio and the plaintiff is a rail-
way company, the action would be
directed against the Secretary of
State to enjoin him from cancel-
ling the plaintiff's articles of in-
corporation for refusal to pay
taxes assessed, or against the State
Treasurer for recovery of taxes
illegally paid. 93.

An appeal does not lie to the dis-
missal of a cause on the ground
that the court is without jurisdic-
tion over the person of the defend-
ant. 111.

A non-resident plaintiff appeal-
ing from a justice of the peace to
the common pleas may be required
to give security for costs, notwith-
standing the judgment below was
in his favor. 362.

ASSESSMENTS--

The act (101 O. L., 134), amend-
ing Section 3812, G. C., requires
the third method of assessing
property for improvements to be
made by the "front foot," and a
lot will be regarded as fronting
breadthwise on the improvement
and will be assessed for the num-
ber of feet on the improvement
that it would have in such case
and no more. 364.

ASSIGNMENT—

Of interest in an option to pur-
chase land; property sold to an-
other than the assignee and the
owner of the fee refused to accept
the purchase price. 538.
ASSUMED RISK-

A workman employed in taking
down a wall can not be held to
have assumed the risk arising
from a defective derrick, when.
7.

ATTACHMENT-

An affidavit in support of an at-
tachment on a claim for neces-
saries, where directed against
more than ten per cent. of the per-
sonal earnings of the defendant
due for services rendered within
three months, is insufficient when
it is not alleged that the defend-

ant is not the head or support of
a family or in good faith the sup-
port of a widowed mother. 518.

A married man, living apart
from his family and not support-
ing them. is not entitled, to the
benefit of the statute exempting
ninety per cent. of his earnings
from attachment. 518.

ATTORNEY AND CLIENT-

Where an attorney is employed
at a fixed compensation, the em-
ployment must be regarded as un-
der an express contract, and the
fact that the duties imposed were
subsequently largely increased by
legislation such additional serv-
ice can not be excepted therefrom.
353.

The conferring of authority to
practice law is a judicial act; the
General Assembly may enact
laws prescribing the qualifications
necessary for admission to the bar
and may provide for disbarment
for certain offenses upon satisfac-
tory proof; but it is without au-
thority to admit one to the priv-
ileges of an attorney, and an at-
tempt so to do is void and without
legal effect. 273.

An order of disbarment in the
Supreme Court, based upon inher-
ent power and not on legislative
authority, is not controlled by the
statute applicable to disbarment,
and therefore does not operate in
any other court. 497.

Constitutionality of the statute
for relief of Charles A. Thatcher
from an order of disbarment by
the Supreme Court; why the dis-
cretion of the lower courts should
be controlled thereby. 497.

Inherent power of the courts
with reference to disbarment. 497.
AUTOMOBILES-

See MOTOR VEHICLES.

BAIL

An application for bail by one
who is under indictment for mur-

der in the first degree is addressed
to the sound legal discretion of
the court, with the presumption
against admission to bail, and the
burden is upon the applicant to
show that the proof is not evident
or the presumption of guilt strong;
and the application should be de-
nied unless the showing is such as
would require the court to set
aside a conviction if secured on
the evidence then presented. 395.

That the accused has been long
in jail, or that the grand jury
indicted him on insufficient evi-
dence, or that there are matters
of defense, are not considerations
which will move a court to grant
an application for bail where the
charge is murder in the first de-
gree. 395.

Where a charge of murder in
the first degree is based on alleged
participation in rioting or lynch-
ing, the defense of an alibi, even if
established beyond peradventure,
could not be considered on applica-
tion for bail. 395.

BAKERIES-

The prohibition against the lo-
cation of bakeries in cellars or
basements (Section 1012, G. C.),
is a constitutional and enforcible
statutory provision. 545.
BANKS AND BANKING-

Where money on deposit has
been paid by a bank to the wrong
person the question whether the
bank is relieved from liability for
the error on the ground that it
exercised reasonable care is one
for the jury. 159.

Unusual care required on the
part of a bank in paying money
account of a depositor who
signs by "his mark." 159.

on

BLACKSMITH SHOP-

As to the granting of a permit
for the erection of a building in a
residence district of Cincinnati to
be used as a blacksmith shop;
elimination of objectionable fea-
tures by modern methods. 523.

BOND (Surety)—

As to liability of sureties for
state funds deposited in bank-see
SURETIES.

What averments must be made
in an action on a contract of in-
demnity which stipulates how no-
tice of default shall be brought
home to the surety. 158.

Action on the bond of a probate
judge and his successors on ac-
count of a shortage in the funds of
the court, due to the failure of the
bank in which they were de-
posited. 171.

BUILDING-

The control of council over the
erection of buildings is limited to
the material used and the plan
and method of construction; a
permit to erect a building of law-
ful material and construction can
not be refused on the ground of
the intended improper use of the
building. 523.

BUILDING CONTRACT-

The rule that a written obliga-
tion can be reformed only on clear
and convincing evidence is satis-
fied in the case of a building con-
tract, when. 33.

Liability of owner to sub-con-
tractor where the principal con-
tractor was paid prematurely; ad-
vance payment treated as in col-
lusion and fraudulent. 217.

BURDEN OF PROOF-

As to the sufficiency of a peti-
tion to prohibit the sale of intoxi-
cating liquors in a residence dis-
trict and as to fraud in securing
signatures. 449.

On application for bail by one
charged with murder in the first
degree. the burden is on the ap-
plicant to show that the proof
against him is not evident or the
presumption of guilt strong. 395.

BURIAL-

And disposal of the remains of
the dead-see CREMATION.

BURNS LAW—

Is primarily applicable to ex-
penditures derived from the gen-
eral revenue powers of the mu-
nicipality. 633.

A certificate is not required
where a specific power has been
conferred upon a municipality for
a specific purpose with a specific
provision for payment of the ex-
penditure involved in the exercise
of such power.
633.

CHRISTIAN SCIENCE-

Where the cause of strained re-
lations between husband and wife
are due to the adoption by the lat-
ter of the Christian Science faith,
she will not be granted a decree of
divorce on the ground of gross
neglect of duty. 601.

CIVIL RIGHTS-

Public accommodations do not
necessarily make a public place,
and service may be refused with-
out regard to color, nationality, re-
ligion or station in life; character
of business in which such discrim-
ination may not be exercised. 329.

An action for damages will not
lie under the civil rights statute
for refusal to serve a colored man
a glass of soda from a soda foun-
tain maintained by the defendant
in a candy store. 329.