DUBOIS v. LANE ET AL.
(Decided June 30, 1905.)
ERROR to Circuit Court of Preble county.
Mr. W. C. Thompson; Mr. D. H. Pfoutz and Mr. E. P. Vaughan, for plaintiff in error.
Messrs. Risinger & Risinger; Mr. J. L. Sayler; Mr. .C. B. Dechant and Mr. L. K. Langdon, for defendants in error.
DAVIS, C. J., SHAUCK, PRICE, CREW and SUMMERS, JJ., concur.
LOCKE V. THE VILLAGE OF EL DORADO.
(Decided June 30, 1905.)
ERROR to Circuit Court of Preble county.
Messrs. J. A. & C. R. Gilmore; Messrs. King, Lowry & King and Mr. E. P. Vaughan, for plaintiff in error.
Messrs. Risinger & Risinger, for defendant in
DAVIS, C. J., SHAUCK, PRICE, CREW and SUMMERS, JJ., concur.
BRIGHT ET AL. v. LINCOLN ET AL.
(Decided June 30, 1905.)
ERROR to Circuit Court of Wood county.
Causes not reported in full.
Mr. G. F. Pendleton; Mr. J. E. Priddy and Messrs. Phelps & David, for plaintiffs in error.
Messrs. Fries & Painter and Messrs. Baldwin & Harrington, for defendants in error.
DAVIS, C. J., SHAUCK PRICE, CREW and SUMMERS, JJ., concur.
DAVIES, AUDITOR, ET AL. v. BоTEFUHR.
(Decided June 30, 1905.)
ERROR to Circuit Court of Lucas county.
Mr. W. G. Ulery and Mr. J. S. Martin, for plaintiffs in error.
Mr. B. A. Hayes, for defendant in error.
Judgment reversed and original petition dismissed.
DAVIS, C. J., SHAUCK, PRICE and SUMMERS, JJ.,
Injunction does not lie to restrain corporate abuse of power
in appropriation proceedings, the probate court has power
to dismiss the petition after determining the appropriation
to be such an abuse or destructive of the public use to which
the land is already devoted. See Wheeling & L. E. Ry. Co.
v. Railway & Term. Co., 368.
Where a widow elects to accept under her husband's will, the
obligation to contribute her proportion of the loss to a
legatee, the property devised to whom is taken to pay debts,
is imposed on her by section 5973, Revised Statutes. See
Allen v. Tressenrider, 77.
Where a deceased executor died before any account was due,
on refusal of his administrator to satisfy debt of executor
to estate, legatees under the will may sue the estate of the
deceased executor for an accounting and to recover the
amounts due under the will. See Jones v. Willis, 189.
The act of May 10, 1902 (95 O. L., 511), creating a bureau of
inspection and supervision of public offices, and establish-
ing a uniform system of accounting, etc., held constitu-
tional. See State v. Shumate, 487.
Where a stream within a city is generally used as an open
sewer for more than twenty-one years, as against a riparian
owner who contributes to such use, it is charged with a
servitude authorizing its like use by other riparian owners.
See Cleveland v. Bag & Paper Co., 324.
Agent's wife as beneficiary cannot recover on life policy when
stranger thereto pays first premium to agent, taking his
receipt, where agent does not account to company therefor.
See State Life Ins. Co. v. Harvey, 174.
Where deceased executor died before any account was due, on
refusal of his administrator to satisfy debt of executor to
estate, legatees under the will may sue the estate of the de-
Actions-Administration of Estates.
ceased executor for an accounting and to recover the
amounts due under the will. See Jones v. Willis, 189.
Charge held properly refused in action against carrier for
loss of a horse, requiring the jury to find that a certain pro-
vision as manner and time of notice of loss a condition prec-
edent to right to recover. See Baltimore & O. Ry. Co. v.
Hubbard, 302.
Act May 10, 1902, providing for the crossing of one steam
railroad by another, being in force from its passage held not
to exempt pending proceedings from its operation. The com-
mon pleas erred in refusing an application to define the
mode of crossing on the ground that proceedings had been
commenced before its passage. See Wheeling & L. E. Ry. Co
v. Railway & Term. Co., 368.
When some of the plaintiffs in a joint judgment are made
parties defendant in error and their appearance has been
effected the proceedings must be deemed commenced as to
all parties in interest, so as to stop the statute of limita
tions. See Snider v. Young, 494.
Board of education held not liable in its corporate capacity fo
damages, where it wrongfully digs below the statutory depth
of nine feet, thereby injuring an adjoining building. See
Cincinnati (Bd. of Ed.) v. Volk, 469.
In quo warranto to oust a telephone company from the use
of streets, etc., as directed by the probate court, under sec-
tion 3461, Revised Statutes, the company held not estopped
from denying jurisdiction to prescribe rates: See State v.
Telephone Co., 60.
ADMINISTRATION OF ESTATES-
Trust created by will not repugnant to law or contrary to
public policy, will not be decreed terminated where objects
have not been accomplished or is not impossible of per-
formance. See Robbins v. State, 1.
Property or money held by an executor or administrator as
such cannot be reached by attachment or garnishment, un-
der section 5531, Revised Statutes, in an action against the
heir or legatee before an order of distribution. See Orlopp
v. Schueller, 41.
Under section 5963, Revised Statutes, widow is entitled under
election to take under will to be judicially advised as to her
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