Without Opinion,

C. Frank, for plaintiff in error.

Messrs. Wilcox,

Parsons, Burch & Adams, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13150. THE PROVIDENT SAVINGS LIFE ASSURANCE SOCIETY OF N. Y. v. STATLER. Decided April 15, 1913. ERROR to Circuit Court of Miami county. Messrs. Broomhall & Broomhall and Mr. Charles C. Lockwood, for plaintiff in error. Mr. Ferdinand Jelke, Jr., and Mr. C. B. Jamison, for defendant in error. firmed. JOHNSON, DONAHUE, NEWMAN and WILKIN, JJ., concur.

Judgment af-
WANAMAKER,

No. 13205. THE BOARD OF EDUCATION OF CONCORD SPECIAL SCHOOL DISTRICT No. 8 IN SYCAMORE TOWNSHIP V. BOARD OF EDUCATION OF BLUE ASH SPECIAL SCHOOL DISTRICT No. 16 IN SYCAMORE TOWNSHIP. Decided April 15, 1913. ERROR to Circuit Court of Hamilton county. Mr. H. H. Hosbrook, for plaintiff in error. Mr. Charles W. Hoffman, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13456. KATZ, DOING BUSINESS AS ACME BRASS CO., v. LINDER. Decided April 15, 1913. ERROR to Circuit Court of Cuyahoga county. Mr. Joseph C. Bloch, for plaintiff in error. Mr. Joseph

Cases Reported

L. Stern, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur.

No. 13720. FAWCETT, ADMINISTRATOR, V. SUMMERS. Decided April 15, 1913. ERROR to Circuit Court of Columbiana county. Mr. K. L. Cobourn, for plaintiff in error. Messrs. Metzger & Smith, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13868. THE STATE OF OHIO v. GASKINS. Decided April 15, 1913. ERROR to Circuit Court of Clermont County. Mr. Daniel W. Murphy, prosecuting attorney; Mr. Timothy S. Hogan, attorney general, and Mr. Charles C. Marshall, assistant attorney general, for plaintiff in error. Mr. Charles C. Kearns; Mr. O. P. Griffith and Mr. C. B. Nichols, for defendant in error. Judgment affirmed on following grounds: 1. Error in limiting unduly cross-examination of prosecuting witness; 2. misconduct of prosecuting attorney. SHAUCK, C. J., DONAHUE and NEWMAN, JJ.,

concur.

No. 13904. CAIN V. THE PEOPLE'S SALARY Loan Co. Decided April 15, 1913. ERROR to Circuit Court of Franklin county. Messrs. Gumble & Gumble and Mr. Q. R. Lane, for plaintiff in Mr. B. W. Gearheart, for defendant in Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

error.

error.

Without Opinion.

No. 13879. THE STATE OF OHIO V. Radeloff. Decided April 15, 1913. Exception by Prosecuting Attorney to Decision of Common Pleas Court of Hamilton county. Mr. Thomas L. Pogue, prosecuting attorney, and Mr. Carl M. Jacobs, Jr., assistant prosecuting attorney, for the exceptions. Mr. Louis B. Sawyer, against the exceptions. Exceptions overruled. JOHNSON, WANAMAKER and WILKIN, JJ., concur.

No. 13920. SHARP V. THE STATE OF OHIO. Decided April 15, 1913. ERROR to Circuit Court of Franklin county. Messrs. Gumble & Gumble and Mr. Q. R. Lane, for plaintiff in error. Mr. Timothy S. Hogan, attorney general; Mr. George B. Okey; Mr. Hanby R. Jones and Mr. Hugh Huntington, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONahue, Wanamaker, NEWMAN and WILKIN, JJ., concur.

No. 12843. THE CITY OF TOLEDO v. COOLEY. Decided April 22, 1913. ERROR to Circuit Court of Lucas county. Mr. Cornell Schreiber, city solicitor, and Mr. Ashton H. Coldham, for plaintiff in error. Mr. M. O. Rettig and Messrs. Mulholland & Hartmann, for defendant in error. On rehearing. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

Cases Reported

No. 12844. THE CITY OF TOLEDO v. TRESSLER. Decided April 22, 1913. ERROR to Circuit Court of Lucas county. Mr. Cornell Schreiber, city solicitor, and Mr. Ashton H. Coldham, for plaintiff in error. Mr. Karl A. Flickinger, for defendant in error. On rehearing. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 12923. HOFFMASTER V. THE G. M. McKELVEY CO. ET AL. Decided April 22, 1913. ERROR to Circuit Court of Mahoning county. Mr. Samuel M. Thompson and Mr. Charles Koonce, Jr., for plaintiff in error. Mr. Horace T. Smith; Messrs. Arrel, Wilson & Harrington and Messrs. Smith & Johnson, for defendants in error. Judgment reversed and final judgment in favor of Levi Hoffmaster and Margaret Patterson.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed; and the court finds that the judgment of the plaintiff below, The G. M. McKelvey Company, is not a valid lien on the premises described in the petition, said judgment having been rendered on the appearance of defendant, being entered under authority of a joint warrant of attorney against one of the parties to such warrant; it appearing on the face of the record that the other party signing such warrant of attorney had died prior to the entry of such appearance, said joint power was revoked by power of law. And the court finds that the judgments

Without Opinion.

of said Levi Hoffmaster, plaintiff in error, and Margaret Patterson are valid and subsisting liens on said premises and that they are entitled to the relief prayed for in their cross-petitions.

It is, therefore, ordered and adjudged that this cause be remanded to the court of appeals, with instructions to ascertain and fix the amounts due on the judgments of Levi Hoffmaster and Margaret Patterson, and enter decree that the same are valid and subsisting liens on the premises described in the petition, and for further proceedings according to law. SHAUCK, C. J., JOHNSON, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13092.

ET AL.

COWIE, EXECUTRIX, V. MEYERS Decided April 22, 1913. ERROR to Circuit Court of Hamilton county. Mr. Charles W. Baker and Messrs. Galvin & Bauer, for plaintiff in error. Messrs. Workum & Bowdle; Mr. Otis H. Fisk; Mr. Henry B. McClure and Mr. Aaron A. Ferris, for defendants in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur.

No. 13112. GANS 7. GARDNER ET AL. Decided April 22, 1913. ERROR to Circuit Court of Stark county. Mr. Lorin C. Wise, for plaintiff in error. Messrs. Lynch & Day and Messrs. Willison & Willison, for defendants in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.