Memoranda of

Mr. R. H. Jones, for plaintiff in error.

Mr. A. E. Jacobs, prosecuting attorney, for defendants in error.

Judgment affirmed.

SPEAR, SHAUCK and CREW, JJ., concur.

No. 7843.

TEEPLE v. JOHNSON.

(Decided June 25, 1903.)

ERROR to the Circuit Court of Summit county.

Mr. S. G. Rogers and Mr. L. S. Pardee, for plaintiff in error.

Mr. H. C. Sanford and Messrs. Tibbals & Frank, for defendant in error.

Judgment affirmed.

SPEAR, SHAUCK and CREW, JJ., concur.

No. 7874.

DICKMAN V. STATE.

(Decided June 25, 1903.)

ERROR to the Circuit Court of Allen county.

Messrs. Ridenour & Halfhill, for plaintiff in error.

Causes not reported in full.

Mr. John M. Sheets, attorney general, and Mr. William Klinger, prosecuting attorney, for defendant in

error.

Judgment affirmed.

SPEAR, PRICE and CREW, JJ., concur.

No. 7971.

INSURANCE Co. v. EDMONDS.

(Decided June 25, 1903.)

ERROR to the Circuit Court of Cuyahoga county.

Mr. C. W. Fuller and Mr. R. H. Patchin, for plaintiff in error.

Mr. Alex. H. Martin and Mr. O. C. Pinney, for defendant in error.

Judgment affirmed.

SPEAR, PRICE and CREW, JJ., concur.

No. 7998.

BURNS-BOWE BANKING Co. v. JORDAN ET AL.

(Decided June 25, 1903.)

ERROR to the Circuit Court of Cuyahoga county.

Messrs. Hart & Canfield, for plaintiff in error.

Memoranda of causes not reported in full.

Messrs. Noble, Pinney & Willard and Mr. James M. Jones, for defendants in error.

Judgment affirmed.

SPEAR, SHAUCK and CREW, JJ., concur.

No. 8002.

CINCINNATI, PORTSMOUTH, BIG SANDY & POMEROY PACKET CO. v. BAY ET AL.

(Decided June 25, 1903.)

ERROR to the Circuit Court of Lawrence county.

Messrs. Stephens & Lincoln and Mr. Julius L. Anderson, for plaintiff in error.

Mr. Lawrence Maxwell, Jr., and Mr. J. O. Yates, for defendants in error.

Judgment vacated and cause remanded to the cir cuit court with direction to consider bill of exceptions. BURKET, C. J., SPEAR, DAVIS, SHAUCK, PRICE and CREW, JJ., Concur.

No. 8514.

STATE EX Rel. MoffatT v. GOTCHELL,

MANDAMUS.

(Decided June 25, 1903.)

Mr. F. A. Jeffers, for plaintiff.

Messrs. Mallory & Sears, for defendant.

Demurrer to petition overruled and peremptory writ of mandamus awarded.

BURKET, C. J., SPEAR, DAVIS, SHAUCK and CREW, JJ., concur.

INDEX.

ABATEMENT

Court will not decree specific performance against husband
with abatement in contract price of estimated value of wife's
prospective dower, when. See People's Savings Bank Co. v.
Parisette, 450.

ACCIDENT INSURANCE-

Policy exempting insurer from liability when death ensues
from disease-Such defense not limited by Sections 3625, 6,
Revised Statutes-Trial-Insurance. See Aetna Life Ins. Co.
v. Dorney, 151.

ACCOUNTS-

Ohio probate court cannot review accounts of executor as to
property situated in Michigan. See Crawford, In re Estate
of, 58.

Court has jurisdiction of administrator until settled-Not lost
by appointment of successor. See Morrison, In re Estate
of, 252.

Failure of administrator to pay attorney fees allowed by pro-
bate court in settlement of estate in expense account is breach
of bond. See Smith v. Rhodes, 500.

ACKNOWLEDGMENT—

Substitution of duplicate note for old worn out one-Not an
acknowledgment sufficient to prevent running of statute of
limitations. See Goodrich v. Case, 187.

Fact that notary and witnesses are stockholders in grantee cor-
poration does not invalidate mortgage-Ministerial acts.
See Read v. Loan Co., 280.

ACQUITTAL-

Charge to jury not denying benefit of reasonable doubt-Con-
viction of guilt-Acquittal upon strong probabilities of guilt.
See State v. Allen, 516.

Action.

ACTION-

In action by indorsee to recover amount adjudged against him
in consequence of forgery of signature of prior indorser-
Judgment conclusive upon prior indorser. See First Nat.
Bank v. Bank, 43.

Parties voluntarily submitting subject matter to court of juris-
diction waive objection on appeal from court not having
jurisdiction. See Crawford, In re Estate of, 58.

In action for libel the question as to whether the publication is
libelous per se is for the court. See Mauk v. Brundage, 89.

In an action on the contract for damages received on a street
car, passenger cannot recover when he purposely violates
rules of company of which he has notice. See Cincinnati, L.
& A. Elec. St. Ry. Co. v. Lohe, 101.

By property holder against lessor and lessee of adjoining prop-
erty for negligence of lessees in permitting oil to escape-
Error to limit inquiry by jury to the questions as to whether
crude oil in tanks is a dangerous substance, etc. See Langa-
baugh v. Anderson, 131.

No action can be maintained against administrator upon a note
of decedent where more than six months have elapsed after
unequivocal rejection of same. See Miller v. Ewing, 176.
Breach of contract to furnish part of disabled machinery-Time
an element-Measure of damages. See Champion Ice Mfg. &

Cold Storage Co. v. Iron Works Co., 229.

The National Home for Disabled Volunteer Soldiers cannot be
sued in tort-Nature of grant of power to sue and be sued.
See Overholser v. National Home, 236.

Proceedings essential to appropriation of right of way of rail-
road by magnetic telegraph company under Sections 3456-
3459, Revised Statutes-Burden of proof on telegraph com-
pany-Measure of damages-Decrease in property value.
See Railway Co. v. Postal Tel. Cable Co., 306.

Lessee cannot maintain action for condition of premises in
absence of express warranty or deceit. See Shinkle v.
Birney, 328.

Action on bond securing performance of contract against
obligor-Principal and surety. See Koppitz-Melchers Brew.
Co. v. Schultz, 407.