and grant. 393.

Guaranty-

Rule of construction of con-
tracts of; presumption against a
continuing guaranty; subsequent
transactions with the contract in
view may be looked to for the
purpose of discovering the in-
terpretation given it by the par-
ties. 428.

While estoppel may arise un-
der certain circumstances as to
guarantors, the terms of the guar-
anty are not therby extended.
428.

A bank may make further loans
to the party for whose benefit the
guaranty was given and payments
intended to be applied on the
need
subsequent loans
not be
credited back on the original
loans. 428.

Guardian and Ward-

It is not for the courts to regu-
late the morality of an action,
unless a point is reached where
some legal or equitable right is
invaded. 563.

Against railway ticket brokers
in non-transferrable

accrues

Death of the guardian without
filing an account does not give
the common pleas court jurisdic-
tion to compel payment to the
ward of the amount due him. 410.

The legality of a combination
of railroads to maintain fares
can not be determined in an ac-
tion to enjoin dealing in
transferrable tickets. 401.

non-

Will lie against interference by
municipality with interest of
abutting owner in property ded-
icated as a public square, when.
143.

Will not lie upon the petition
of abutting owners and private
citizens to restrain the building
of a jail on ground acquired for
county purposes, when. 303.

Will lie to prevent a board
from exercising an excess of
power; the offending members of
the board are necessary parties.
468.

Insanity-

Defense of, in a criminal trial;
denial of right under Section
7240 reversible error. 567.

Insolvency-

See Bankruptcy and Assign-
ments for Creditors.

Insurance, Accident-

Policy taken by a railway em-
ploye, premiums to be paid on
the installment plan, and month-
ly out of wages payable the 15th
of the following month; when did
the premiums fall due? 7.

Company can not avail itself
of provision in application that
the applicant has no other insur-
ance, when. 7.

Disappearance of the insured
from vessel in mid-ocean is con-
clusive of death, with presump-
tion of accidental drowning. 156.
Insurance, Fire-

Building association agent of
mortgagor in the matter of re-
newing policy, when. 279.

Policy written but not deliver-
ed or premium paid when fire oc-
curred; authority of agent; pro-
vision for five days' notice be-
fore cancellation; notice as to

cancellation. 207.

See Mutual Benefit Societies.
Insurance, Life-

Meaning of the word "depend-
ant" as used in a certificate is-
sued by Knights of Maccabees;
interest of beneficiary in certifi
cate. 71.

Interest-

How calculated on a balance
due on a mortgage and on me-
chanics' and other liens to be sat-
isfied therewith. 504.

Intoxicating Liquors-

The prohibition of the sale of,
in certain localities under Sec-
tion 4364-20, known as the Beal
Law. 328.

Judgment-

Finding of a court that a cer-
tain amount is due from an un-
incorporated religious society
does not constitute a judgment
but is a debt of record. 671.

For alienation of wife's affec-
tions not invalidated by dis-
charge in bankruptcy. 66.

Property set off as homestead
relieved from judgment only
when occupied as a homestead.
37.

Evidence justifying setting of
aside where obtained on the
faith of a sheriff's return. 547.
Judicial Notice—

Will be taken by a reviewing
court of an .ordinance under
which the conviction complained
of was had. 445.
Junk Shop-

Prosecution of proprictor of,
for failing to retain possession
of goods for thirty days. 551.
Jurisdiction-

Courts have no jurisdiction
over the action of an abutting
property owner in the matter of
the giving or withdrawal of con-
sent to the building of a street
railroad. 563.

Courts are without, to regulate
the morality of an action, unless
a point is reached where some
legal or equitable right is invad-
ed. 563.

Exclusive jurisdiction of courts
of insolvency where an adequate
remedy can be granted. 570.

A police court is without, as
to a motion for a new trial filed
after the term at which the judg
ment was rendered. 23.

Justice of the Peace-

Jurisdiction of, co-extensive
with the county to issue orders
of attachment; appeal under Sec-
ion 6494; authority of common
pleas upon appeal from the over-
ruling of a motion for the dis-
charge of an attachment. 366.

Proceedings before in forcible
entry and detainer; bill of ex-
ceptions; competency of evidence
alone open to review. 268.

Knights of Maccabees-

Benefit certificate issued by;
who may become beneficiaries;
"dependent" signifies a class; ir-
regularities in change of benefi-
ciary waived; interest of benefi-
ciary in certificate. 71.

Laches-

Failure to take steps for sev-
enteen years for a forfeiture of
land where the conveyance de-
pended on a condition subsequent.
130.

Limitation of Actions-

An action by a widow for re-
covery of an unpaid award made
for property appropriated for
street purposes falls under Sec-
tion 4977, and is not barred for
twenty-one years. 319.

The statute does not run
against a municipality as to its
streets, nor in favor of a tres-
passing lot owner, unless. 242.
Lis Pendens-

A case ceases to be, when; doc-
trine of applicable during the re-
mainder of the term in which a
dismissal is granted. 441.
Local Option-

See Temperance Laws.
Malicious Prosecution-

Master and Servant—

Construction given to rules by
employes with the knowledge of
the employer. 449.

Varying degrees of danger as
between customary methods of
performing the same task. 449.
Where an employe was injured
through negligence caused by
overwork. 59.

Assumed risk by railway em-
ploye who knows of the failure
to follow the statutory require-
ment as to blocking switches, etc.
545.

Doubt cast upon the testimony
of an employe who fails to men-
tion one of the causes of an ac-
cident to him until four years
afterward. 581.

Meander Line-

Is not a boundary line, but is
run for the purpose of determin-
ing the quantity of land. 516.
Milk-

Ordinance regulating the sale
of; permit to sell not a license;
the statutory exemption of ven-
dors of their own products not
applicable. 295.

Ministerial Act-

Action of probate court on com-
plaint of failure to pay Dow Tax
is. 47.

Mortgages, Chattel-

Executed on the eve of assign-
ment not invalid under Section
6343 prior to its amendment.
215.

Execution of, before a party in
interest. 39.

Mortgage-

Executed by a devisee subord-
inate to debts of devisee, when.
616.

Gift of to a daughter becomes
an executed gift with the record-
ing of the mortgage. 641.

Representations of the mort-
gagor as to value and as to title.
504.

In decreeing that the balance
due under a mortgage must be

paid in for the satisfaction of
mechanics and other liens, inter-
est will be calculated, how. 504.
Motion for Rehearing-

Effect of under the doctrine of
lis pendens. 441.
Motion-

For judgment on the pleadings
not available, when. 649.
Municipal Corporations—

Appropriation of property by,
for street purposes; award not
paid may be recovered by dev-
isee of the owner at the time of
the appropriation; form of ac-
tion; statute of limitations; evi-
dence of intention to dedicate;
conclusiveness of the award. 319.

Control of council over streets
a continuing power; agreement
by council to an obstruction in
street seriously interfering with
its use, invalid. 250.

Liability of, for damages to
building from bursting of a wa
ter main. 276.

Liable for injury to one falling
into excavation caused by re-
moval of platform scales from
the market space, when. 533.

May receive property in trust
for educational and other pur-
poses; trustees of, not a corpora-
tion; conveyance of trust prop-
erty to city; aid by tax levy not
unconstitutional. 468.

May proceed by quo warranto
or by an action ex contractu
against a street railway com-
pany alleged to be violating the
terms of its ordinance as to rates
of fare. 285.

Not liable for negligence re-
sulting in injury to a work house
prisoner. 212.

Governmental powers of a mu-
nicipality. 212.

Mutual Benefit Societies-

Certificate issued by Knights
of Maccabees; "dependant" signi-
fies a class; irregularities in
change of beneficiary; interest of
beneficiary in certificate. 71.

Officers of Ancient Order of

United Workmen can not waive
constitutional provision which
renders ineligible to membership
one engaged in the sale of in-
toxicating liquors. 256.
Navigable Stream—

A meander line bordering upon,
does not mark a boundary line.
516.

Negligence-

There can be no recovery by a
railway employe who assumed
the risk as to unblocked switches
and guard rails. 545.

Where a brakeman fell from a
car; failure to disclose one of
the alleged causes at the time of
the accident; evidence as to con-
tributory negligence. 581.

An employe half asleep from
overwork is not thereby relieved
from ordinary care to avoid in-
jury.

59.

As to speed of electric cars the
rule of reasonable safety in view
of all the surrounding circum-
stances should be applied. 115.

At a railroad crossing in the
open country; company not
bound to provide watchman or
safety gates at such a place; fail-
ure on the part of the one in-
jured to use his faculties; prox-
imate cause of the accident. 167.

At a highway crossing over
railway tracks; question of, be-
comes a matter of law, when. 104.

Brakeman seizes defective grab
iron and falls beneath car; de-
fect not noticed by car inspector;
varying degrees of danger as be-
tween customary methods. 449.

Contributory negligence not
available as a defense in a suit
for damages on account of in-
jury to property from bursting
of water main, when. 276.

Can be no recovery on account
of, where the injury resulting is
not of a physical character and
was due entirely to fright. 369.
Damages not recoverable for
an injury not of a physical char-
acter and due entirely to fright.
369.

Failure to take precautions at
a ailway crossing will defeat re-

covery notwithstanding the neg-
ligent running of the train. 525.

Failure of a car inspector to
discover that a hand hold was not
properly fastened indicates a
failure to properly inspect the car
and is prima facie negligence.
449.

Failure by the exercise of or-
dinary care to discover the peril
of one injured thereby, does not
create liability, when. 599.

Heavy stone falls from train
while in motion, throwing car
from the track and killing brake-
man; necessary proof to estab
lish liability of company. 32.

In leaving an unprotected ex.
cavation in the street; city be
comes liable for injury resulting
threfrom, when. 533.

Liability for not barred by the
fact that the one injured treated
himself with home remedies un-
til a serious complication arose.
382.

Resulting in injury to a work.
house prisoner; no liability at-
taches to municipality. 212.

Where a trackwalker guilty of
contributory negligence was run
down; train could have been
checked and company liable. 652.

Where a freight conductor was
killed by falling from his train;
assumption of risk; jury must
not guess at cause of accident;
defective appliances. 144.

Next of Kin-

The words "next of kin" will
be taken in their technical sense
in construing a will, unless. 668.

Notary-

Acknowledgment before, a min-
isterial act. 195.

Notice-

As to rights of one making an
affidavit to a chattel mortgage
acknowledged before a party in
interest. 39.

Chalk marks indicating that a
car is out of repair do not amount
to notice that such is the fact to
a brakeman operating the car at
night. 449.