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Without Opinion.

and Mr. Constant Southworth and Mr. Coleman Avery, assistant city solicitors, for plaintiff in error. Mr. Harry J. Wernke and Mr. Herman J. Guckenberger, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13254. THE HARRISON & JEFFERSON TELEPHONE Co. v. CARTER. Decided May 13, 1913. ERROR to Circuit Court of Jefferson county. Messrs. Hollingsworth & Worley, for plaintiff in error. Mr. Frank H. Kerr, for defendant in error. Judgment reversed and judgment for plaintiff in error. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

ET

AL.,

No. 13259. MEAD, JR., v. BROWN ข. PARTNERS AS JANE BROWN & SONS. Decided May 13, 1913. ERROR to Circuit Court of Licking county. Mr. J. V. Hilliard, for plaintiff in error. Messrs. Flory & Flory, for defendants in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13299. THE LOUISVILLE & CINCINNATI PACKET Co. v. LONG. Decided May 13, 1913. ERROR to Circuit Court of Hamilton county. Messrs. Stephens, Lincoln & Stephens, for plaintiff in error. Mr. Chas. Broadwell, for defendant in error. Judgment affirmed. JOHNSON, WANAMAKER and WILKIN, JJ., concur.

Cases Reported

No. 13310. SCHMIDT V. THE ERIE RAILROAD Co. Decided May 13, 1913. ERROR to Circuit Court of Summit county. Messrs. Musser, Kimber & Huffman and Mr. H. J. Nord, for plaintiff in error. Messrs. Cushing, Siddall & Palmer and Messrs. Rogers & Rowley, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13418. WOLFCALE, ADмX., V. MINCK. Decided May 13, 1913. ERROR to Circuit Court of Mahoning county. Mr. D. J. Hartwell and Mr. Frank Jacobs, for plaintiff in error. Mr. D. F. Anderson, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13461. MAXWELL ET AL., EXRS., V. HOLLAND, ADMR. Decided May 13, 1913. ERROR to Circuit Court of Greene county. Messrs. Maxwell & Maxwell and Mr. C. L. Spencer, for plaintiffs in error. Mr. M. R. Snodgrass, for defendant in error. Judgment affirmed. SHAUCK, C. J., DONAHUE and NEWMAN, JJ., concur.

No. 13521. DUBROY, ADMX., v. THE MARBLE & SHATTUCK CHAIR CO. Decided May 13, 1913. ERROR to Circuit Court of Cuyahoga county. Messrs. Hart, Canfield & Croke, for plaintiff in error. Mr. L. B. Bacon, for defendant in error.

Without Opinion.

Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, NEWMAN and WILKIN, JJ., concur. WANAMAKER, J., dissents.

No. 13878. WONSETLER V. HYLAND, CLERK. Decided May 13, 1913. ERROR to Circuit Court of Mahoning county. Messrs. Kistler & Oesch and Messrs. W. S. Anderson & Son, for plaintiff in error. Mr. David G. Jenkins, for defendant in error. Judgment of the circuit court reversed upon the ground that the judgment of the court of common pleas was within its jurisdiction and was not contrary to law, and cause remanded to the court of appeals with direction to consider the weight of the evidence. SHAUCK, C. J., DONAHUE, NEWMAN and WILKIN, JJ., concur.

No. 13145. JOHNSON V. JOHNSON ET AL. Decided May 20, 1913. ERROR to Circuit Court of Guernsey county. Messrs. Rosemond & Bell, for plaintiff in error. Mr. Charles S. Turnbaugh and Mr. A. M. Morris, for defendants in error. Judgment affirmed. JOHNSON, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13148. JOHNSTON, ADMR., v. THE CITY OF DAYTON. Decided May 20, 1913. ERROR to Circuit Court of Montgomery county. Messrs. Mattern & Brumbaugh, for plaintiff in error. Mr. Frank S. Breene; Mr. A. J. Dwyer and Mr. John Roehm, for defendant in error. Judg

Cases Reported

ment of the circuit court reversed and that of the common pleas affirmed. JOHNSON, Donahue, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13153. THE SPRINGFIELD LIGHT, HEAT & POWER Co. v. THE CITY OF SPRINGFIELD. Decided May 20, 1913. ERROR to Circuit Court of Clark county. Messrs. Hagan & Hagan; Mr. John L. Zimmerman and Messrs. Keifer & Keifer, for plaintiff in error. Mr. Elza F. McKee, city solicitor, and Mr. Stewart L. Tatum, for defendant in error. Judgment affirmed. DONAHUE, WanaMAKER, NEWMAN and WILKIN, JJ., concur. JOHNSON, J., not participating.

No. 13159. REED ET AL., PARTNERS, v. FREET. Decided May 20, 1913. ERROR to Circuit Court of Allen county. Mr. C. L. Fess, for plaintiffs in error. Mr. L. H. Rogers and Messrs. Wheeler & Bentley, for defendant in error. Judgment affirmed. SHAUCK, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13160. THE MAHONING BUILDERS SUPPLY Co. v. CHESNEY. Decided May 20, 1913. ERROR to Circuit Court of Mahoning county. Mr. D. J. Hartwell and Mr. Frank Jacobs, for plaintiff in error. Mr. E. N. Brown, for defendant in error. Judgment affirmed. JOHNSON, Donahue, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

Without Opinion.

No. 13167.

May 20, 1913.

Franklin county. tiff in error.

POWELL V. PARRISH.

Decided

ERROR to Circuit Court of

Mr. G. J. Marriott, for plainMessrs. Earnhart & Bates, for

defendant in error. Judgment affirmed. JOHNSON, Wanamaker, NEWMAN and WILKIN, JJ., concur.

No. 13168. DISSETTE V. MYERS, TREAsurer. Decided May 20, 1913. ERROR to Circuit Court of Cuyahoga county. Messrs. Westenhaver, Boyd, Rudolph & Brooks, for plaintiff in error. Mr. John A. Cline, prosecuting attorney, and Mr. Walter D. Meals, assistant prosecuting attorney, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13195. HAWKINS V. MONTGOMERY ET AL. Decided May 20, 1913. ERROR to Circuit Court of Licking county. Messrs. Flory & Flory, for plaintiff in error. Messrs. Fitzgibbon & Montgomery; Mr. A. A. Stasel and Messrs. Norpell, Norpell & Martin, for defendants in error. Judgment affirmed as to petition in error and modified as prayed for in cross-petition in error.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is, hereby affirmed as against said plaintiff in error and as to all matters presented by the petition in error.

And coming to consider the cross-petition in error of said Wesley Montgomery, it is considered

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