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Without Opinion.

No. 13496.

WILLIAMS v. BARROW.

Decided

October 7, 1913. ERROR to Circuit Court of Perry county. Mr. John C. Pettit, for plaintiff in error. Mr. Harley M. Whitcraft and Mr. T. B. Williams, for defendant in error. Judgment affirmed. NICHOLS, C. J., JOHNSON, DONAHUE, WanaMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13504. LOWELL ET AL., RECEIVERS, V. PERKINS. Decided October 7, 1913. ERROR to Circuit Court of Pike county. Mr. E. H. Willis, for plaintiffs in error. Mr. L. G. Dill and Mr. S. L. Patterson, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER and WILKIN, JJ., concur. NICHOLS, C. J., and NEWMAN, J., not participating.

No. 13507. ALTIC v. STEFFY ET AL. Decided October 7, 1913. ERROR to Circuit Court of Darke county. Mr. Martin B. Trainor, for plaintiff in error. Messrs. Bickel & Baker, for defendants in error. Judgment affirmed. NICHOLS, C. J., JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13508. THE DELAWARE COUNTY TELEPHONE Co. v. SHAVER. Decided October 7, 1913. ERROR to Circuit Court of Delaware county. Mr. Harry Leonard and Messrs. Jewell & Benton, for plaintiff in error. Messrs. Marriott, Freshwater & Bliss, for defendant in error. Judgment

Cases Reported

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

No. 13509. THE PRUDENTIAL INSURANCE CO. OF AMERICA v. MEYERS. Decided October 7, 1913. ERROR to Circuit Court of Hamilton county. Mr. Michael G. Heintz, for plaintiff in error. Mr. I. L. Huddle and Mr. Samuel W. Bell, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

No. 13525. THE FOURTH NATIONAL BANK OF CADIZ V. ROGERS. Decided October 7, 1913. ERROR to Circuit Court of Harrison county. Mr. Milton Taggart and Mr. Albert O. Barnes, for plaintiff in error. Messrs. Hollingsworth & Worley, for defendant in error. Judgment of the circuit court reversed and that of the common pleas affirmed. NICHOLS, C. J., SHAUCK, JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur.

No. 13527. THE CITY OF TOLEDO ET AL. V. SMITH ET AL. Decided October 7, 1913. ERROR to Circuit Court of Lucas county. Mr. Cornell Schreiber, city solicitor, and Mr. B. A. Hayes, for plaintiffs in error. Messrs. Kohn, Northup &

Without Opinion.

Morgan, for defendants in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

No. 13529. GERMAN FIRE INSURANCE CO. OF THE CITY OF PITTSBURGH V. BURke. Decided October 7, 1913. ERROR to Circuit Court of Cuyahoga county. Mr. C. W. Fuller and Mr. L. R. Canfield, for plaintiff in error. Mr. Robert E. McKisson, for defendant in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS,

C. J., not participating.

No. 13545. GREEN ET AL. V. BOARD OF COUNTY COMMISSIONERS OF LICKING COUNTY ET AL. Decided October 7, 1913. ERROR to Circuit Court of Licking county. Messrs. Smythe & Smythe, for plaintiffs in error. Messrs. Fitzgibbon & Montgomery, for defendants in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

No. 13547. WOLFORD ET AL. v. BOARD OF COUNTY COMMISSIONERS OF RICHLAND COUNTY ET AL. Decided October 7, 1913. ERROR to Circuit Court of Richland county. Messrs. Finley & Gallinger, for plaintiffs in error. Mr. James W. Galbraith, prosecuting attorney; Mr. B. F.

Cases Reported

Long and Mr. C. H. Huston, for defendants in error. Judgment affirmed. JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

No. 13845. HOLDEN ປ. KNAPP ET AL., PARTNERS AS HICKORY CARRIAGE Co. Decided October 7, 1913. ERROR to Circuit Court of Hamilton county. Mr. Charles M. Cist, for plaintiff in error. Mr. Stanley Matthews and Mr. E. H. Matthews, for defendants in error. Judgment of the circuit court reversed and that of the superior court affirmed. SHAUCK, JOHNSON, DONAHUE, WANAMAKER, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

Decided

No. 13288. SMITH V. ROBERTS. October 14, 1913. ERROR to Circuit Court of

Trumbull county. Mr. Wade R. Deemer for plaintiff in error. Mr. D. J. Hartwell, for defendant in error. Judgment of the circuit court reversed and that of the common pleas court affirmed on grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed. This court finds that the errors for which the said circuit court reversed the judgment of the common pleas, as stated in its journal entry, were not prejudicial, and that on the whole record substantial justice was done between the parties by the judgment of

Without Opinion.

the justice of the peace. And coming now to render the judgment that the circuit court should have rendered,

It is hereby ordered and adjudged that the judgment of the court of common pleas in said cause be, and the same hereby is, affirmed.

NICHOLS, C. J., JOHNSON, DONAHUE, WANAMAKER and NEWMAN, JJ., concur.

No. 13499. ESSELBORN ET AL. AL. V. ARNOLD, ADMR. Decided October 14, 1913. ERROR to Circuit Court of Scioto county. Messrs. Bannon & Bannon and Mr. William J. Meyer, for plaintiffs in error. Mr. Theodore K. Funk, for defendant in error. Judgment of circuit court reversed and that of the common pleas court affirmed. SHAUCK, JOHNSON, NEWMAN and WILKIN, JJ., concur. NICHOLS, C. J., not participating.

No. 13500. THE KENTON TELEPHONE Co. v. HUMMER. Decided October 14, 1913. ERROR to Circuit Court of Hardin county. Messrs. Cable & Parmenter, for plaintiff in error. Messrs. Stickle & Cessna, for defendant in error. Judgment affirmed. NICHOLS, C. J., SHAUCK, JOHNSON, WANAMAKER and WILKIN, JJ., concur.

No. 13506. NAUSS 7. REAM ET AL. Decided October 14, 1913. ERROR to Circuit Court of Darke county. Mr. Martin B. Trainor, for plaintiff in error. Mr. George W. Mannix, Jr.; Mr.

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