OHIO DIGEST.

TO FEBRUARY 8TH, 1896.

Adulteration-of Food-Abstracting oil from cocoa bean, not a violation of Act of March 20, 1884, as amended April 22, 1890. I O. C. D. 72; 11 C. C. 87. Assignment-For benefit of creditors, deed of, filed in Probate Court, and assignee having qualified, Probate Court has exclusive jurisdiction of subject matter of assignment. II C. C. 100.

Bond-New, demanded by Guardian, the sureties but one being new, was held not to be an additional, but a new bond. I O. L. D 69.

Check-Holder of cannot maintain an action against a bank for refusal to pay, unless it has been accepted by bank. 53 Ŏ. S. Adv. 117; 35 Bull. 49.

Claims-Action to compel allowance of, against a Trustee, under ? 6352, is appealable, jury cannot be demanded. I O. C. D. 61; 11 C. C. 81.

Constitutional Law-Act (77 O. L. 157) authorizing certain townships to build railroads and issue bonds for same, is invalid, and bonds also. i O. F. D. 218 (U. S. C. C. app.).

Act of April 22, 1895, prohibiting companies demanding relief contracts from employes, is unconstitutional. I O. F. D. 221 (U. S. C. C.)

Contract-Right of action on, accrues when party to it repudiates it. 1 O.C. D. 79. Convict-Escaped, sentenced for new crime, must at end of such new sentence, serve remainder of first sentence. 52 O. S. 242.

Corporation-Mode of execution of a conveyance by. 52 O. S. 215.

Insolvent, enforcement of stockholders' statutory liability by creditor, how. 53 O. S. Adv. 94; 35 Bull. 35.

Not bound by admissions made by officer, after a transaction, to one not party to transaction. I O. C. D. 79.

Costs-Trustee personally liable for. 35 Bull. 30 (U. S. C. C. app.).

Crossings-Of street railway over steam railroad, it is the duty of street railway employe to see if track is clear; failure to do so is negligence on part of street railroad, and is liable for damages. 53 O. S. Adv. 87; 35 Bull. 22. Damages-To recover special, they must be pleaded. 1 O. C. D. 79.

Action for, based on 6134-6135 R. S. (88 O. L. 582), must appear that injury was caused directly thereby. 53 O. S. Adv. 87; 35 Bull. 22. Defalcations-Found after new bond given, is presumed to have occurred during time of last bond, may be rebutted by proof. I O. L. D. 69.

Depositions-Taken in anticipation of death of witness, reason for so taking need not appear in such. 1 O. C. D. 61; 11 C. C. 81.

Disbarment-Of Attorney, statutes of Ohio regulating same is penal, and should be strictly construed. 3 O. N. P. 28.

Having carnal knowledge with one's typewriter, not ground for. 3 O. N. P.28. Divorce-In which wife gets custody of minor children, in absence of promise to pay, she cannot recover from former husband for necessaries furnished to such children. 52 O. S. 229.

Easement-Granted to abutting land owner, his heirs and assigns, it inures to all heirs and assigns that there may be. I O. C. D. 67.

Error-Proceedings in 4988 R. S. is applicable to by analogy. 53 O. S. Adv. 116; 35 Bull. 46.

Evidence-In indictment for forgery, a release of judgment by defendant on the note, no consideration, is competent as to his guilt. 53 O. S. Adv. 84; 35 Bull. 26.

Forgery-Indictment for, sufficient to set the instrument forth according to its "purport and value." 7218 R. S., 53 O. S., Adv. 84; 35 Bull. 26.

Habeas Corpus-May be reviewed and reversed on error by higher court. 52 O.

S. 242.

Heir-As provided for in 2 4182 R. S., such designated heir, is considered as a child born in lawful wedlock, for all purposes. I O. L. D. 65.

Injunction-Not granted, restraining Board of Education to refund money raised by taxes, which was borrowed in anticipation of these taxes for building a school house. II C. C. 41.

Insurance Policy of, stipulating if property is incumbered by mortgage without company's consent, policy to be void, is a binding and a valid stipulation. 83643 does not apply. 53 O. S. Adv. 79; 35 Bull. 12.

Husband's interest in wife's house used as a homestead, sufficient to support recovery by both jointly on policy issued to both. 53 O. S. Adv. 79; 35 Bull. 12.

II C. C. 59.

Jurisdiction-Of State Court, limitation of action res adjudicata. 3 O. N. P. 15. Lands-Canal, acquired by State for canal purposes, State gets fee, based on Acts of Feb. 4, 1825; Feb. 26, 1826. 53 O. S. Adv. 75; 35 Bull. 10. Negligence-Degree of care or caution, correct rule as to. Partnership-Prohibiting use of fictitious names (91 O. applicable only to contracts made after its passage. Pauperism-Prosecution under 87 O.L. 216, can only be instituted and maintained in courts provided with a clerk. II C. C. 65.

L. 35) is prohibitive; is
II C. C. 77.

Payment of excessive assessments for street improvements, voluntarily paid, cannot be recovered back. II C. C. 67.

Practice Stipulation between parties to refer to special master, on his findings to be disposed of by court, rights of parties are not enlarged or arbidged thereby. 35 Bull. 28 (U. S. C. C. app. ).

Rape Of female under 14, indictment under 6816, need not aver that she is not the daughter or sister of accused. 53 O. S. Adv. 112; 35 Bull. 47.

Railroad Co.-Failure to block switches and guard rails, are liable to employe for injury caused, even while acting in violation of R. R. rules. 35 Bull 14 (U. S. C. C.).

Road-Public, a worm rail fence, with middle of worm on line of road, is an encroachment of. 53 O. S. Adv. 114; 35 Bull. 48.

Statute-Is so construed as will not only give it effect, but also permit of effect for all other statutes. I O. J. D. 65.

Streets-Power and duty of municipal corporation in, under their control. 53 0. S. Adv. 105; 35 Bull. 51.

Use of by Telephone Co., is conditioned upon agreement with municipal authority as to mode of use. II C. C. 55.

Taxation Board of Review of Hamilton county not authorized to make additions to value of property till service of notice on owner, of such intention. I O. C. D. 64.

Venue-In action to enforce statutory liability of stockholders. 1 O. L. D. 71.

Western Reserve Law Journal.

Published Monthly during the Academic Year, at the Law School of Western Reserve University, Cleveland, Ohio.

ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES. [CONCLUDED.]

On the morning of March 13 it was evident that Mr. Chase was disturbed, restless, and uncomfortable. A careful study of the articles of impeachment, and the hostility so apparent towards him of those formerly his friends, made his position very disagreeable. It had become generally understood that so far as Mr. Chase was concerned there was to be an impartial trial of the President-that the Chief Justice would neither be hurried, nor brow-beaten, nor lend himself to any partisan measures to hasten or secure conviction. That time must be given the President to prepare and defend his case, and the sooner the House and the sooner the public understood there would be no snap judgment taken, or undue haste permitted, the better.

On this morning the committee of managers met in the Vice President's room with the Chief Justice, and free remarks were made as to the character of future proceedings. The committee were asked by