unreasonable or excessive.

FOOD LAWS—

Ib.

Police regulations not interpreted
as are revenue laws. Word, "dealer,"
as used in Sec. 4200-11 Rev. Stat.
includes persons selling milk from his
own cows. Guilder v. State.
221

the purchase money paid thereunder
with 6 per cent interest, the notes
given for the balance of the purchase
money cancelled, and allow plaintiffs.
a lien on the property for the money
expended in putting the property in
condition for operation, and for the
value of improvements made by hin
which have increased the value of the
property. Jones v. Draper.
785
FRAUDULENT CONVERSION-
See TORTS; FRAUD.

GARBAGE-

"Garbage" includes all refuse of
animal and vegetable matter, used or
intended to be used as food for man,
also condemned food. Bauer v. Casey.
598
GAS AND OIL-

Money received from oil during life-
time of decedent is not controlled by
Sec. 4162 Rev. Stat.
417

The word, "terms," used in a clause
of an oil lease providing that "the
terms of this grant shall not exceed
twelve years," etc., refers to the grant,
as well as to the conditions and col-
lateral matter, and the effect of such
clause is to limit the life of the grant
to twelve years. Kracht v. Railway.

521

Failure to pay rent renders oil and
gas lease void when well is not put down
within specified time unless it is shown
by clear and convincing evidence that
the lessor waived the monthly pay-
ments stipulated in the lease; and
after such default, lessee will be en-
joined from drilling or extracting oil
or gas. Meek v. Cooney.
553

When the present capacity of an
oil well was only fifty-three barrels
a day, which fact was known to ven-
dor but unknown to vendee, and the
former in response to an inquiry from
the latter as to its present capacity
replied, "I had run two one-hundred
barrel tanks a day," which was the ca-
pacity of the property several weeks
previous, and vendee believed from ven-
dor's conduct and words that he was
stating the present capacity of the
property, and acted upon it to his
prejudice. the vendor's reply and con-
duct, in such case, is tantamount to a
fraud upon vendee which will entitle
him to relief; and vendor will be es-
topped from resorting to the literal
meaning of his words to escape lia-
bility to the vendee. Jones v. Draper.

GENERAL ASSEMBLY-
See LEGISLATUBE.

785

A relict of a deceased husband or
wife acquiring an estate from such a
decedent takes it with an absolute right
to dispose of and change the character
of the property so as to prevent the
operation of Sec. 4162 Rev. Stat. upon
417
it. Digby v. Digby.

INDEMNITY-

See SUBROGATION; MORTGAGES.

INFANTS-

In an action for personal injuries,
a minor plaintiff cannot recover for
mother's services as nurse, in the ab-
sence of special contract between them
or proof of manumission. Neither can
such minor recover for wages when
not emancipated. Bowe v. Bowe. 409

A child of seven years of age is
not guilty of negligence if he exer-
cise that degree of care which under
like circumstances would reasonably
be expected from one of his years and
intelligence. Whether he used such
care in a particular case is a question
for the jury. Light & P. Co. v. Bell.
691
INHERITANCE TAX LAW-

Whether the inheritance tax law
(97 0. L. 398) applies to the undis-
tributed estate of a person who died
cestate prior to its enactment, de-
pends upon when said estate veste.l
under the provision of the will. Hos-
tetter v. State.
702

Evidence as to special benefits from
street improvement is admissible in
suit to enjoin collection of assessment
therefor. Benham v. Cincinnati. 17

Finding of benefits by assessing
board held prima facie correct. Ib.
Steam railroads inconvenienced by.
is proper party to, and may enjoin
operation of street railway along street
extended over its right of way and
also may raise question of notice un-
der Sec. 2502 Rev. Stat. Clev. C. C.
180
& St. L. Ry. v. Railway.

Equity may require performance of
franchise conditions by mandatory in-
junction or specific performance al-
though injunction cannot be used to

work forfeiture or ouster of franchise.
Milford v. Traction Co.
271
Collection of street improvement as-
sessment will not be enjoined because
of insufficient notice when assessment
does not exceed benefits and the party
objecting had legal notice of riling of
petition for improvement and stood by
without objection by legal proceeding.
Taylor v. Wapakoneta.
285
Collection of street improvement as-
sessment will be enjoined until im-
provement is completed.
Ib.

Mandatory injunction will not be
granted where legal right to relief
exists. 97 0. L. 544 construed.
Waddick v. Merrell.
437

Taxpayer may enjoin unlawful con-
tract of municipality under Sec. 1778
(1536-668, 4 ed.) Rev. Stat. if city
solicitor refuses upon application to
bring suit. Pullen v. Smith.

549

Injunction will lie to restrain oper-
ations after default under gas and oil
lease. Meek v. Cooney.
553

In a proceeding by a council to ap-
propriate for the extension of a street,
it is necessary to pass the preliminary
resolution and give notice as required
by Lan. R. L. (R. S. 2235); but the
probate court has no jurisdiction to
determine whether or not such resolu-
tion was passed, and the notice given;
the only remedy of the owner is an
action to restrain municipality from
proceeding to assess compensation and
from taking possession of the prop-
erty. Erie Ry. v. Youngstown.

679

Premiums paid under ultra vires
policy may be recovered.
lb.

Consolidated company assumes valid
debts and obligations of constituent
companies.
Ib.

Consolidated company not estopped
from pleading ultra vires contracts of
constituent companies.
Ib.

Member of iife association ceases
to be member, when.
Ib.

Section 3629 Rev. Stat., relating to
property in policy upon death of bene-
ficiary without issue, is not applica-
ble to policies issued before its enact-
ment. Hence, the amount payable
thereunder belongs to estate of bene
ficiary and not that of the insured, and
is payable to executor to be disposed
of according to the will of such bene-
ficiary. Plaut v. Insurance Co. 499

Policies which are the property of
testator form a part of the estate
whether named in the will or not. Ib.

A life policy issued by a foreign
company is governed by the laws of
this state when the application is
made, the policy is delivered, and all
the premiums paid here.
Ib.

Appraisement and award not condi-
tion of right to action on fire insur-
ance policy unless demanded by in-
surer. Stipulation as to inventory
construed. Books of insured which
substantially show amount of stock,
sufficient. Stipulation as to keeping
certain books in safe, construed. Ger-
man Ins. Co. v. Kistner.
569

Inventory taken every twelve months
or within twelve months preceding
loss.
Ib.

A member of a beneficial associa-
tion is conclusively presumed to know
constitution and laws of the order
when the application refers specifically
to same. Irregular acts of agent con-
trary to laws of association not bind-
ing upon latter. Payment of overdue
assessments by a son of delinquenc
after fatal injury comes too late. Gen-
eral calls for assessments do not
waive an ipso facto suspension of
member. Local agent cannot suspend
constitution of association. Pete v.
Woodmen of the World.
INTEREST AND USURY-

653

INTERSTATE COMMERCE-Con.
merce, and not subject to state taxa-
tion. A city license tax upon the
seller of such goods is a direct bur-
den on interstate commerce and in
conflict with Sec. 8, Art. 1 U. S. Const.
Julius, In re.

423

Foreign corporations in interstate
commerce through Ohio are exempt
from attachment under Sec. 5521 Rev.
Stat. Armour Car Lines v. Fruit Co.
496

INTERURBAN RAILWAYS—

See STREET RAILWAYS; RAILROADS.

INTOXICATING LIQUORS-

Beal law elections may be proved
other than as provided by Sec. 4364-
20a Rev. Stat. Dalrymple v. State.
562
The presumption is that proper pe-
tition was filed for Beal law election
when election was ordered by the coun-
cil.
Ib.

A fine of $100 on each of three
counts for a first offense under the
Beal iaw is excessive.
Ib.

Names of buyers not material in
affidavit charging keeping place for
sale of liquors in violation of Beal
law.
Ib.

The legal presumption is that elec-
tion officers will adopt the true con-
struction of election laws, and will
so conduct elections as to give every
elector an opportunity to register and
vote. Jeffrey v. State.
591

Elector moving into resident dis-
trict entitled to transfer and vote at
Brannock law election (97 O. L. 87),
under Sec. 2926v Rev. Stat.

JUDGMENTS AND DECREES-

Ib.

A verdict and judgment for dam-
ages upon a cause of action not made
an issue by the pleading, and which
is supported by evidence which is in-
cidental only to the cause of action
pleaded, will be reversed. Cincinnati
Connec. Belt Ry. v. Burski.
486

The reversal and modification of a
judgment by a reviewing court is
only warranted when based upon the
state of the pleadings, a finding of
facts by the trial court, or upon facts
brought before the court by a bill of
exceptions. Akron (City) v. Rail-
525

way.

The right of appeal is purely statu-
tory, and where no authority therefor
is given, the judgment of the trial
court is final. Capaul v. Railway.
578

JUDICIAL POWER—
See COURTS.
JUDICIAL SALES-

A sheriff is not entitled to pound-
age on sheriff's sale under mortgage
foreclosure proceedings where the prop-
erty is bid in by plaintiff for less than
the amount of her mortgage lien and
where the purchase price is paid for
in such lien in part. Childs v. Perry.
543

Vendor as against the purchaser at
foreclosure sale, is entitled to be sub-
rogated to rights of mortgagee in the
land. Whitney v. Meister.

JURISDICTION—

See COURTS.

JURY-

593

Necessities of railroad and whether
use of its right of way is adverse is a
question of fact. Smith v. Railway.
44

Jury must find preponderance of evi-
dence that plaintiff was without fault,
when there is evidence of contributory
negligence. Peat v. Norwalk. 161

Whether facts assumed in hypo-
thetical question as to testamentary
capacity are material or not is not

for jury to determine. West v. Knop-
penberger.
168
In will contest jury must find that
testator did not exercise his own will
in disposition of his property to set
Ib.
it aside.
Jury not guilty of misconduct be-
cause of misstatement as to relation
to previous case when misstatement
arose from misunderstanding mode of
inquiry by counsel. Rapp v. Becker.

321

Either party to a suit for the re-
covery of money, is entitled to a jury;
and the fact that there are incidental
equitable questions does not affect the
right. Heintz v. Anthony.
380

Abandonment and adverse posses-
sion are properly triable to a jury.
Tudor Boiler Mfg. Co. v. Greenwald
Co.
556

Forty-eight hours' consideration of
criminal case by jury not duress, nor
exercise upon streets in sheriff's cus-
tody, irregularity. Young v. State.
747

In the trial of a criminal case, jury-
men need not be sworn upon their
voir dire until challenged for cause.
Ib.

The right of trial of jury is waived
by entering a plea of guilty in a crim-
inal prosecution before a mayor having
complete jurisdiction. Hillier v. State.

Upon an action to collect rent, evi-
dence is admissible for the purpose
of showing that a contemporaneous
parol agreement was made at the time
a written lease was executed by which
the lease was only to be used in or-
trans-
ganizing a corporation, and
ferring the same to it, and under no
circumstances to be a valid lease be-
tween the original parties. Metzger
v. Roberts.
675
LEASE-

Specific performance of lease re-
newal refused upon failure of lessor to
give notice prescribed in lease as con-
dition precedent to renewal. Linke
v. Walcutt.

10

Part performance must relate strict-
ly to contract to take it out of the
statuce. Burckhardt v. Greene. 315

Facts not constituting part perform-
ance so as to take contract out of
stacute of frauds.
Ib.

Six months' lease at monthly rental
will support but one breach and re-
covery.
Ib.

Tenant moving out upon notice to
vacate before expiration of lease is
not eviction. Greenberg v. Murphy.
359

The word, "terms," used in a clause
of an oil lease providing that "the
terms of this grant shall not exceed
twelve years," etc., refers to the grant,
as well as to the conditions and col-
lateral matter, and the effect of such
clause is to limit the life of the grant
to twelve years. Griner v. Oil Co.

521

Failure to pay rent renders oil and
gas lease void when well is not put
down within specified time unless it
is shown by clear and convincing evi-
dence that the lessor waived the
monthly payments stipulated in the
lease; and after such default, lessee
will be enjoined from drilling or ex-
tracting oil or gas. Meek v. Cooney.
553

LEGISLATURE-

May regulate practice of dentistry.
State v. Dental Examiners.
369