Constitutional Law-
Section 4364-891, licensing
steam engineers invalid, because
of the arbitrary exemption of a
particular class. 399.
The requirement that statutes
shall operate uniformly does not
mean a uniform operation upon
every person and every foot of
territory within the state. 328.
The provision for the re-sub-
mission of the question of the
sale of intoxicating liquors under
the Beal Lav does not suspend
the law within the meaning of
Section 18 of Article I of the
state Constitution. 328.
The section of the state Consti-
tution relating to the pardoning
power not contravened, when.
328.
No denial of rights in the trial
of an accused person before a
jury selected from the whole
county, rather than from his own
locality. 328.
A compact between railroads
to maintain fares is not so taint-
ed that a court will refuse to en-
join the unlawful sale by brokers
of the tickets of these compan-
ies. 401.
By novation; requisites of con-
tract; evidence establishing that
employe became party to; obli-
gation not within the statute of
frauds. 1.
Measure of damages for failure
to carry out where payment of
such failure may give a right to
rescind, but does not work a re-
scission. 183.
Of guaranty are to be given the
construction which best accords
with the apparent intention of
the parties. 428.
Relating to attorney's fees;
strict proof will be required to
establish change as to amount to
be paid. 182.
There can be no breach of,
where never fully entered into
because of a misunderstanding of
terms. 259.
Witnessed and acknowledged
by interested parties; grantor es-
topped from denying validity of,
when. 195.
Corporate Power-
Not conferred by an act author-
izing a municipality to receive
and execute a trust in the public
interest. 468.
Foreign corporation prosecut-
ing business in Ohio and capable
of suing, is subject to garnish-
ment. 125.
Sale of property to, at a profit
by a promoter or stockholder;
fraud must be shown by clear
evidence to render promoter
liable; the remedy. 372.
Sale by one corporation to an-
other; agreement by the purchas-
ing company to carry out an
agreement entered into by the
selling company not within the
statute of frauds. 1.
Proper service of summons on.
547.
Fees and costs of a receiver
who has brought a fund into a
state court will be ordered paid
before the fund is turned over to
a trustee in bankruptcy. 528.
Council can not grant valid
consent to seriously obstruct
street by abutment for railway
bridge. 250.
Council-
Discretion of, in the acceptance
of bids for the construction of
sidewalks. 644.
Counsel-
Having acted on the advice of,
is a complete. defense to an ac-
tion for malicious prosecution.
345.
Jurisdiction of the United
States Circuit Court general,
though limited. 626.
Criminal Law-
Burglary and larceny; know-
ingly receiving stolen goods; mis-
take in verdict as rendered;
qualification of jurors; circum-
stantial evidence; presumption
from having stolen goods. in pos-
session. 629.
Intent a substantive part of
the offense, when; reviewing
court will consider quantum of
proof. 420.
As to compelling defendant to
be a witness against himself by
exhibiting himself to the prose-
cuting witness. 420.
No denial of rights in trying
an accused person before a jury
selected from the whole county,
rather than from his own local-
ity. 328.
It is within the power of the
General Assembly to provide
what disposition shall be made
of fines imposed against offend-
ers. 328.
place of business open on Sun-
day. 445.
Requisites of
indictment
under Section 7969-3 for fraud in
the sile of wool. 315.
Effect of a plea of guilty; mo-
tion in arrest of judgment must
be granted, notwithstanding fine
and costs have been paid. 315.
Defense of insanity; Section
7240 mandatory; denial of right
thereunder reversible error. 567.
Statute relating to defects in .n-
dictments applies to police court
affidavits; failure to negative the
requirements of the statute. 551.
Prosecution of proprietor of a
junk shop for failure to hold
property for thirty days; officer
searches place without authority.
551.
Cross-Petition-
Relief can not be granted on
cross-petition in error, when.
Custom-
See Usage.
Damages-
A verdict of $5,200 is excessive
for a trackwalker earning $1.25
a day. 652.
As between landlord and ten-
ant where building collapsed.
267.
For injury from a fall on a de-
fective sidewalk; pleading;
charge of court; verdict not ex-
cessive. 382.
Measure of, against a telegraph
company for loss occasioned by
mistake in transmission of a mes-
sage. 259.
Provision for a liquidated sum,
not as a penalty but as compen-
sation, will be enforced; measure
of, for a failure to carry out a
contract which would have yield-
ed patent royalties; such failure
does not work a rescission. 183.
Recovery of, not barred by the
fact that the one injured treated
himself with home remedies un-
til a serious complication arose.
382.
Το real property from the
breaking of a water main; faulty
Evidences of intention to ded-
icate; voluntary laying of a side-
walk. $19.
Difference between dedication
and grant. 393.
Of street may be accomplished
by. 242.
Deed-
Not rendered invalid by reason
of its being witnessed or ac-
knowledged by interested par-
ties to the extent of being stock-
holders in the grantee company.
195.
Of land to a railroad; waiver
of right of forfeiture bars a re-
covery for land taken as for ap-
propriation and without compen-
sation 130.
Where in the usual form con-
veying land to county commis-
sioners in consideration of locat-
ing a seat of justice thereon, con-
veys a complete title for the pur-
pose named; abutting owners
have no interest therein; to pre-
vent misuse the prosecuting at-
torney should interfere by in-
junction. 303.
Defenses-
All interposed need not be es-
tablished to sustain a verdict. 1.
Devise
Conveying an estate in fee; es-
tate in inheritance. 161.
General legacies must be paid
out of personal property before
resort is had to realty, unless. 91.
Bequest giving right to con-
sume personal property. 91.
Specific and general; priority
of liens as between debts of a
devisee to estate, and a mortgage
executed by devisee on land com-
ing to him by general devise. 616.
Where the proceeds from the
sale of real estate was devised;
how sale may be avoided. 176.
Directors-
Of an endowed school, discre-
tion of, can not be interfered with
by the courts, unless some posi-
tive right is denied. 388.
Divorce and Alimony-
Action for, and to enjoin trans-
fer of property remained lis pen-
dens after dismissal by virtue of
motion for rehearing filed during
the term; divorce and alimony
granted on the renearing at a
subsequent term. 441.
Distribution-
Exemption in lieu of may be
allowed on, when. 178.
Domicile-
As distinguished from resi-
dence. 51.
Dower
Dower interest may be subject
to payment of a debt though un-
assigned. 598.
Complaint of failure to pay
assessment; action of probate
court thereon ministerial in char-
acter and not reviewable. 47.
Elections-
The General Assembly may pro-
vide what shall constitute prima
facie evidence that an election
was legally held. 328.
Electric Railways—
See Street Railways.
Employer and Employe-
See Master and Servant.
Evidence establishing that em-
ploye became party to a contract
of novation. 1.
In aid of educational institu-
tions; restrictions impresseJ
upon the trust; trustees of, not
a corporation, but a legal board
vested with certain powers; con-
veyance of the trust property to
a municipality and aid given by
a tax levy. 468.
Of schools; funds must be ac-
cepted in accordance with the
terms prescribed; authority for
controlling school. 388.
The act licensing steam engi-
neers (Section 4364-891) invalid,
because of the arbitrary exemp-
tion of a particular class. 399.
A reviewing court will take the
charge to the jury as it finds it
in the record, when alleged cor-
rections in the charge only make
its statements consistent. 382.
A reviewing court considering
the quantum of proof necessary
to convict will uphold a verdict
of intent to rob, when. 420.
A reviewing court has power
to revicw the evidence in a will
case, and set aside the verdict if
manifestly against the weight of
the evidence. 224.
Assignments of, sufficient for
the purpose of the plaintiff in
error, when. 104.
Where the transcript exhibits
the errors complained of, it meets
the requirements of Section 6716
and 6723. 104.
Competency of evidence only
and not its weight open to re-
view in a forcible entry and de-
tainer case before. a magistrate.
268.
Bill of exceptions purporting to
contain all the evidence on a
given subject in a forcible en-
try and detainer case before a
justice of the peace not open to
review on weight of the evidence.
268.
Findings of fact and conclu-
sions of law can not be consid-
ered on review unless made part
of the record by journal entry.
598.
Not error to deny a trial by
jury to one accused of maintain-
ing a nuisance. 593.
Not error to direct a verdict
against a brakeman who was in-
jured in making a coupling,
when. 638.
Refusal of leave to file a peti-
tion in error to a judgment of
conviction under a municipal or-
dinance, is reviewable; will be
reversed, when. 575.
Waiver or estoppel available in
reviewing court, though not
pleaded, when. 256.
Direct conflict of testimony not
sufficient to warrant the holding
that the court below erred in find-
ing beyond a reasonable doubt..
551.
Against a municipality claim-
ing title to a space dedicated as
a public square. 143.
Against a grantor afterward
objecting to a witness whom he
had called to witness his own
deed. 195.
May arise as to guarantors
who have solicited further loans
for the same party and are de
nying liability therefor. 428.
Operates against a municipal-
ity as to its streets, when. 242.
Should be plead where a for-
mer recovery is relied upon, but
if not pleaded te judgment is
still admissible in evidence,
though not a conclusive bar to
the action. 276.
Though not pleaded may be
made available in reviewing
court, when. 256.
Will not lie against the doing
of a thing where no more than
a right exists as to the right to
do it, when. 303.
Ambiguity as to a bequest may
be removed by extrinsic evi-
dence, when. 668.
An acknowledged map compe-
tent evidence for determining the
width of street, when. 242.
As to the reasonableness of an
established grade competent,
when. 56.
Failure to put a subpænæd wit-
ness on the stand corroborates
to some extent testimony as to
statements he had made. 449.
Answers not responsive but
competent as testimony, when.
551.
As to contributory negligence.
In a will contest, based on
facts in decedent's, life at the
time of making the will; review-
Where amendment of becomes
necessary, relief can not be
granted on cross-petition in er
ror. 267.
It is within the power of the
General Assembly to provide
what disposition shall be made
of fines imposed against offend-
ers. 328.
First Year's Support-
Of widow; bar of the statute
as to; presumption in case of
failure to file claim. 608.
Of children. 608.
Forcible Entry and Detainer
Proceedings before justice of
the peace in; bill of exceptions;
competency of evidence alone
open to review; notice to vacate
and proof thereof; refusal of de-
fendant to produce notice; copy
of need not be retained. 268.
Franchise-
Granting the right to a street
railway company to use street
has all the force and effect of an
act of the Legislature. 285.
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