DIGEST OF OHIO CASES. REPORTED TO FEB. 24, 1896. Abandonment-In marine insurance, what will constitute. 35 Bull. 89. Administration—All debts of deceased paid by parties entitled to the estate, no administrator need be appointed. 11 C. C. 120. Administrator-Will be appointed regardless of domicile of decedent, if there are assets and debts in the jurisdiction asking for one. 1O. N. P. 62. Admissions-Oral, on trial, court has no power to find the facts so admitted were correct-party would have a right to contest such claim. 1 O. C. D. 101. Ancestral Estate—Where legal and equitable estates in realty unite in one holder, course of legal estate determines whether holder has an ancestral estate or not. II C. C. 131. Assignee-Removed, has no interest in trust estate, so as to litigate his removal. I O. L. D. 96. Assignment-By contractor of his claim on a contract to a third party, such assignee will not take prior over a sub-contractor on same contract who has properly filed mechanics liens. II C. C. 182. Of attorney's interest in a judgment to third parties, prior assignee gets the legal title. 11 C. C. 178. Auditor-County, is by virtue of his office, secretary of board of county commissioners and is allowed no extra compensation for such work-if allowed is illegal and void and commissioners may recover it. 11 C. C. 136. Bank-Insolvent, right of depositors to recover their money. 1 O. L. D. 108. Consideration-Pre-existing debt not sufficient to entitle transferee to hold against one from whom transferer obtained it by fraud. 53 O. S. adv. 32; 35 Bull. 76. Constitutional Law-General Assembly has authority to prescribe circumstances that shall make prima facie evidence of a fact in issue in action on trial. (87 O. L. & 2,149) 53 O. S. adv.; 35 Bull. 64. Section 2,417, providing free water supply for all charitable institutions, is constitutional, and applies to all such institutions owned by city or state. I O. L. D. IOI. Contract-Between municipality and private persons for a diversion of municipal property, for an unlawful use, for benefit of private persons, may be recovered. 1 O. C. C. 107. Agreement between parties for a contingent interest in a judgment is void, as partaking of maintenance. I O. L. D. 113. Conversion Of pledged property by pledgee, what constitutes. 53 O. S. adv. 138; 35 Bull. 72. Copyright-Temporary injunction for infringement, complainant must show that he has complied with copyright law. 35 Bull. 78 (Ŭ. S. C. C.) Exceptions-Bill of, must show that it has been filed, signed, allowed by court, and made part of record, before court of appeals will consider it. adv. 105; 35 Bull. 51. Exemptions-Married woman is allowed a interest in realty owned in co-tenancy. Fees-Attorney's, not allowed in a suit brought of city. I O. C. D. 115. 53 O. S. homestead, out of her undivided I O. L. D. 113. by taxpayer to restrain illegal act Frontage of corner lot, the lengthwise side having means of egress and ingress to the buildings, such lot fronts on both streets, and is subject to assessment as per front foot. I O. L. D. 100. Garnishment—Right of, Cr. to attach money due him, when Dr. has disposed of the evidences, before levy in attachment. 1 O. L. D. 84. Huckster-Licensed by city to occupy portion of street having on it a market house, an injunction will lie for issuing licenses to occupy other side of such street. I O. L. D. 104. Indictment-Must contain description of offense. 1 O. C. D. 123. Injunction-To restrain collection of assessments-petition must allege irregularity of, and the prejudice to plaintiff. 1 O. L. D. 99. Will not lie to restrain collection of ditch assessments, on ground that ditch was not constructed according to contract specifications. 53 O. S. adv. 135 ; 35 Bull. 87. Insolvency-Discretionary with probate court to order continuation of business of insolvent, to preserve property, without waiting for creditor's consent. 3 O. N. P. 42. Insurance Policy by husband for wife, in case of her death for children, right of a grandchild in such child's share. 35 Bull. 59 (S. C.) Effected by mortgagor, to himself, mortgagee has no claim to such insurance. II C. C. 171. Interstate Commerce Business-A foreign corporation selling goods through a salesman and through the mail is, and the act of May 19, 1894, is in contravention of commercial clause of federal constitution and therefore null and void. I O. L. D. 118; 3 O. N. P. 43. Judgment-Reversed for omission of court to make proper findings of facts as demanded. I O. L. D. 81. Stay of execution, pending decision of a higher court the C. P. C. is only to pass on the amount of the undertaking and sufficiency of sureties. I O. L. D. 117; 1 O. N. P. 61. Jurisdiction-Court of insolvency has, in removal of assignee. I O. L. D. 96. C. P. C. has none, in suit to compel allowance of claims of a receiver appointed by superior court (Hamilton Co.) 1 O. L. D. 120. Mortgage-Chattel, given to secure money for a going business, giving mortgagor right of sale, destroys its validity, so far as it relates to stock in trade. I O. L. D. 107. Negligence Contributory, one not guilty of, whose injury is due to excitement, caused by discovering defective appliances. 1 O. Č. D. 117. Not allowed to be proved, by showing a violation of speed ordinance of street railroad. I O. C. D. III. Pleadings-Defects in petition, not supplied by averments in reply. I O. L. D. 99. Amended, improper to adopt and refer to allegations in other pleadings without restating them. II C. C. 153. Pledgee-Of collateral securities, cannot become purchaser at his own sale, if he does he is still a pledgee, and his contract is not terminated. 11 C. C. 153. Proof-Error of court to require, of something not alleged in the indictment. I O. C. D. 123. Property Owner of, has right to use it for his own health and enjoyment as he thinks best, provided he does not unlawfully injure his neighbor. II C. C. 180. Owner of, by building a high board fence with malice, and shutting out his neighbor's light, such neighbor has no remedy, in law or in equity, for a removal of the fence. 53 O. S. adv. 122; 35 Bull. 62. Replevin-Averments in petition, of wrongful detention with a description is sufficient, without averring that plaintiff is entitled to possession. 53 O. S. adv. 132; 35 Bull. 76. Res adjudicata-Form of action no bearing on right to plead, question is, are issues same in both cases? II C. C. 163. Revivor-Action against party and summons returned "not found, dead," no suit can be revived against administrator of such deceased person. I O. C. D 121. Street Railroad-Extension of, over streets not occupied by any road, consent of more than one-half feet front of owners is requisite. 53 O. S. adv. 121; 35 Bull. 61. Tombstone-When not a proper charge against decedent's estate. II C. C. 120. Undue Influence-Not presumed from mere relationship, may be shown by direct proof, or circumstances. 3 O. N. P. 45. WESTERN RESERVE UNIVERSITY, CLEVELAND, OHIO. 1-ADELBERT COLLEGE: Address for Catalogue, the Secretary, E. Bushnell. 2-THE COLLEGE FOR WOMEN: Address the Registrar, Professor Henry E. Bourne. 3-GRADUATE SCHOOL: Address the Dean, Professor R. W. Deering. 4-MEDICAL COLLEGE: Hunter H. Powell, A.M., M.D., Dean; John P. Sawyer, A.M., M.D., Vice Dean; 5-SCHOOL OF LAW: Address the Dean, Professor E. H. Hopkins, Cuyahoga Building. 6-DENTAL COLLEGE: Henry L. Ambler, D. D. S., Dean; Address the Secretary, Prof. W. H. Whitslar, M. D., D. D. S., 29 Euclid Ave. WESTERN RESERVE ACADEMY: Situated at Hudson. Address Frederic W. Ashley, A. M., Principal. The aim in each department of the University is to provide the best training. Information is gladly furnished by the officers of each department, or by the Presi dent of the University. CHARLES F. THWING, President. |