INDEX ABANDONMENT- See also Municipal Corporations. Resolution of railroads, changing right of way to eliminate grades Abandonment of railway right of way question of intention. Cleve- ABORTION- Verdict finding accused guilty of using instrument to procure mis- ACCORD AND SATISFACTION- Retention of check "in settlement of account in full" safisfaction ACT OF GOD- See Carriers; Negligence. ACTION OR SUIT- Settlement by person injured with owner of one of two automo- Receipt of award from state fund not bar to action against joint Suit brought in good faith at request of stockholders binding as ADVERSE POSSESSION- Title to streets acquired by adverse possession, Simpson v. Johns- ADULTERY- Valid marriage relation in Ohio not adulterous because accused ALIMONY- See Divorse and Alimony. ANNEXATION AND DETACHMENT- See Municipal Corporations. APPEAL- No appeal or review by error of divorce decree but appeal or er 689 APPEAL Continued. ror to alimony decree not precluded by divorce decree. Pappalardo Foreclosure of mechanics' liens appealable. Eggar and Pierce v. Court of appeals has jurisdiction on error to motion to discharge Appeal on dismissal of cross petitions tendering equitable defenses County commissioners' right to dismiss appeal notwithstanding APPEARANCE- Appearance and consent to continuance held waiver of jurisdic- APPROPRIATION OF PROPERTY- See Eminent Domain. ASSESSMENTS- Burden on abutting owner to show unreasonableness of change Special assessment not enjoinable unless benefits convincingly Cincinnati Failure to object under provisions of assessment statutes not bar Grading proper subject for special assessment. Kelly v. Cincin- Necessity for street improvement declared by council prerequisite Special assessments limited to special benefits. Kelly v. Cincin- Certification of street improvement ordinances not prerequisite Requirement of certification of assessment ordinance invalid. ASSIGNMENTS- Assignment or interest under will, executed in New York by res- ATTACHMENT AND GARNISHMENT- Court of appeals has jurisdiction on error to motion to discharge ATTORNEY AND CLIENT- Allowance of attorney fees in divorce proceedings limited to mo- Allowance to counsel for services in future action for corporation AUTOMOBILES- Questions of negligence of motorman and automobile driver in Release of one owner by person injured, bar to action against Conflict of charter city ordinance with statute both regulating Master not liable for negligence of chauffeur detouring on per- Question of scope of employment for fury on disputed facts only. BAIL AND RECOGNIZANCE- Action on forfeited recognizance running to municipality im- BAILMENTS- Cause of action stated without averring negligence in case of an BANKS AND BANKING- Deposit of money in name of two persons or survivor does not Title to money deposited by mother in her name and daughter Real estate value by bank at less than shown by tax duplicate as Creditor denied preference in funds collected by bank wrongfully BASTARDS- Legitimacy of child begotten before marriage shown by preponder Marriage of pregnant woman and bequest to child recognition of BENEFICIAL ASSOCIATIONS- Answers of an applicant for membership in mutual benefit society BIGAMY- See Workman's Compensation. BILLS AND NOTES- Holder of promissory note has burden of proof to establish title. BUILDINGS- Negligence concurring with act of God submitted to jury. Stand- Tearing down and rebuilding gasoline filling station with greater CARRIERS- Passenger permitted to enter pay-enter car entitled to protection Act of God as defense supplants delay in shipment in action for Negligence of carrier furnishing defective car delaying transit Connecting carrier not proper party in action against initial car- No recovery against initial and connecting carrier can be had for Remedy against initial carrier afforded by Carmack amendment CHARGE TO JURY- Instruction limiting blowing whistle at street crossing to instances Charge incorporating petition setting forth element of damages Instruction requiring finding that conductor expressly or impliedly Scintilla rule precludes instruction as fact unless no evidence Instructions on abstract propositions of law unless applicable not Substance of special written instructions before argument incor- Accuracy of statement required in instructing jury when issues are Charge in emphatic language condemning flagrant acts of install- CIVIL RIGHTS- Race segregation in picture theater violates civil rights law. Guy Denial to jews admission to public dance hall is violation of civil COMPENSATION AND SALARIES- See also Attorney and Client. Error not prosecuted by counsel in own name to reverse order re- CONFLICT OF LAWS- Assignment of interest under will, executed in New York by res- CONSTITUTIONAL LAW- District tuberculosis hospital act is constitutional. State v. Bren- Conflict of charter city ordinance with statute both regulating CONTEMPT- 175. Imprisonment for fine and costs in contempt. Rhynard v. Gardner, Opportunity to resentence allowed in contempt to correct illegal CONTRACTS- Board of education judicially denied power to abrogate contract, Instruction relating to contract for services to deceased as implied Contract for exclusive employment of union labor, voluntarily contract specifying union Nonunion master painter, accepting CORPORATIONS- President cannot testify to transaction with deceased partner. Market value of railway stock absorbed ascertained from sales. Estoppel against virtual owner of company deriving a benefit by Ultra vires not available as defense in action against a company Option for year for return stock purchase exercisable in reason- Action for negligence of directors prosecuted originally by stock. |