Statutes examined, etc.

STATUTES EXAMINED, ETC.-Continued.

19. Sections 280 and 293 of the civil code. Findings of court. Bill of exceptions. Harner v. Batdorf, 117.

20. Revised statutes, sections 4198 and 4106. Statute of frauds. Deeds. Dukes v. Spangler, 124, 125.

21. Section 4, chapter 4 (74 Ohio L. 334). Surplusage. Henry v. State, 131.

22. Sections 166, 167, 168, title 8, chapter 1 (50 Ohio L. 79; Rev. Stat., secs. 5491-5520, relating to surrender of judgment debtor. Wright v. Collier, 133.

23. Sections 3, 4, 5, 13 of the act of 1879 (76 Ohio L. 192). State ex rel. v. Barnes, 137.

24. Act of May 1, 1873 (70 Ohio L. 195). Boards of education. Day, 143.

Weir v.

25. Act of April 18, 1874 (71 Ohio L. 85), relating to inclosing railroads by fences. Railroad Co. v. McElroy, 147.

26. Act of March 25, 1859 (S. & C. 331), as amended in 1871 (68 Ohio L. 78). Id. 152.

27. Section 21 of the act of 1872 (69 Ohio L. 95), relating to right of way for railroad. Railroad Co. v. Williams, 168.

28. Section 12 of the corporation act of 1852 (S. & C. 278). Damages. Id. 171.

29. Section 4 (74 Ohio L. 244), section 6 (74 Ohio L. 335; 1 S. & C. 403). Manslaughter, indictment for. Williams v. State, 175.

30. Practice act of 1810 (1 Chase, 706; 2 Chase, 969, 1275; 3 Chase, 1686; S. & C. 677, 671; 3 Curwen, 1983). Moore v. Coates, 181. 31. Sections 299, 301, 534-542 of the civil code. New trial. Id. 185, 187. 32. Act of March 9, 1866 (S. & S. 86). County commissioners. Comm'rs v. Noyes, 201.

33. Act of March 30, 1868 (S. & S. 98); act of March 12, 1853 (S. & C. 244); act of March 5, 1831 (3 Chase, 1799); act of February 23, 1816 (2 Chase, 955). Relating to capacity of commissioners to sue, etc. Id. 205.

34. Sections 13 and 38 (1 S. & C. 98, 251). Id. 208.

35. Section 27 of the act of March 23, 1840 (1 Curwen, 630), relating to delinquent taxes. Stambaugh v. Carlin, 209.

36. Act of May 7, 1869 (66 Ohio L. 338). Evidence. Id. 209.

37. Section 370 of the civil code (2 S. & C. 1084), defining a judgment. Andrews v. Youngstown, 220.

38. Act of March 23, 1840 (1 Curwen, 630). County auditor. Delinquent tax list. Magruder v. Esmay, 221.

39. Act of May 7, 1869 (66 Ohio L. 338), relating to proof of possession by purchaser at tax sale. Id. 222.

40. Section 46, chapter 7, division 2, title 1 of the code (75 Ohio L. 624). Verification of pleadings. Hanover v. Sperry, 244.

41. Section 10, chapter 1, title 4 (75 Ohio L. 805). Verification of pleadings. Id. 215.

42. Section 12 of the act of April 23, 1872 (69 Ohio L. 88). Limitations for filing petitions in error. Railroad Co. v. Wick, 247.

43. Act of April 6, 1865 (S. & S. 114; S. & C. 311). Id. 251.

44. Act of May, 1868 (S. & S. 194, 195), relating to building associations. State ex rel. v. Building Ass'n, 258.

Statutes examined, etc.

STATUTES EXAMINED, ETC.-Continued.

45. Act of 1878 (75 Ohio L. 817, sec. 22; Rev. Stat., sec. 6781. Corpora

tions. Id. 264.

46. Section 1 of the act of 1861, as amended in 1866 (S. & S. 389, 391). Married women. Fallis v. Keys, 267.

47. Section 5 (74 Ohio L. 248), relating to indictment for burglary. Hagar v. State, 268.

48. Section 28 of the civil code, as amended March 30, 1874. Married women. Avery v. Vansickle, 270.

49. Section 523 of the code (S. & C. 1106). Statute of limitations. Piatt v. Sinton, 282.

50. Section 12 of the general act of 1852, relating to corporations, as amended in 1857 (54 Ohio L. 133; Rev. Stat., sec. 3283). Bar. Railroad Co. v. Mowatt, 284.

51. Section 15 of the civil code of 1853 (Rev. Stat., secs. 4982, 4976). Bar. Id. 287.

52. Section 557 of the code, as amended April 18, 1870 (67 Ohio L. 116). Party. Cincinnati v. Brachman, 289.

53. Sections 512, 514, civil code of 1853 (Rev. Stat., secs. 6707, 6710. Judgments and final orders, reversal of. Carpenter v. Canal Co. 314.

54. Section 37 of the code (Rev. Stat., sec. 5008). Parties. Section 523 of the code. Bar. Sections 12 and 15 of the code. Bar. Id. 316. 55. Section 6 of the code of 1853 (2 S. & C. 942; Rev. Stat., sec. 4974). Bar. Id. 317.

56. Act of April 5, 1856 (S. & S. 834). Assessments. Act of May 3, 1852 (2 S. & C. 1493); act of February 21, 1866 (S. & S. 803); sections 26 and 30, as amended April 12, 1858 (2 S. & C. 1501), of the act of May 3, 1852 (2 S. & C. 1493). Bolton v. Cleveland, 321, 322, 323. 57. Act of April 16, 1867 (S. & S. 218). Insurance. Ehrman v. Ins. Co. 338.

58. Section 12 (69 Ohio L. 153; Rev. Stat., sec. 3235). Id. 341, 342. 59. Act of April 16, 1867 (S. & S. 218); act of April 27, 1872 (69 Ohio L. 150); section 22 of the act of March 12, 1872 (69 Ohio L. 39). Insurance. Ins. Co. v. Curtis, 348.

60. Section 52 of the act (70 Ohio L. 209). State ex rel. v. B'd of E'd, 384. 61. Section 558 of the code (S. & C. 1119, 1121). Pleading. Rhodes v. Gunn, 387.

62. Section 10 of the act of 1831 (3 Chase, 1696); act of March 12, 1845 (2 Curwen, 1181); act of March 23, 1840 (1 Curwen, 630); section 1 of the act of February 24, 1844 (2 Curwen, 1020). Id. 394, 395.

63. Section 5 of the act of 1878 (75 Ohio L. 804; Rev. Stat., sec. 6711). Stifel v. Metz, 396.

64. Act (2 S. & C. 1457). Fratz v. Mueller, 402.

65. Section 8 of the act of February 22, 1831 (S. & C. 458, 467), relating to deeds. Morris v. Daniels, 406.

66. Section 27 (75 Ohio L. 642; Rev. Stat., sec. 5188); act of 1879 (76 Ohio L. 54). Struck jury. Hulse v. State, 421.

67. Section 422 of the code. Judgments. Moore v. Ogden, 430.

68. Sections 6, 51, 54 of the act of May 7, 1869 (66 Ohio L. 149); section 542 of the municipal code (66 Ohio L. 241). State ex rel. v. Hoffman,

441.

Statutes examined, etc.

STATUTES EXAMINED, ETC-Continued.

69. Section 4 (71 Ohio L. 94). Roads and highways. Makemson v. Kauffman, 456.

70. Section 13 of the act of May 11, 1878 (75 Ohio L. 436; Rev. Stat., sec. 2746). Jones v. Davis, 476.

71. Section 5 of the act of September 1, 1878 (75 Ohio L. 804; Rev. Stat., sec. 6711. Act of 1866 (S. & S. 1; Rev. Stat., secs. 79, 7437. Railroad Co. v. Belt, 481.

72. Act of 1877 (74 Ohio L. 339, sec. 1; Rev. Stat., sec. 7240. Error. Inskeep v. State, 482.

73. Act of April 12, 1858 (S. & C. 1155), to relieve district courts. Bill of exceptions. Rankin v. Sanderson, 482.

74. Section 294 of the code of 1853 (S. & C. 1029).

Id. 483.

Bill of exceptions.

75. Section 8 of the act of 1857 (54 Ohio L. 202; Rev. Stat., sec. 6202. Executors and administrators. Rothgeb v. Mauck, 503.

76. Section 199 of the municipal code, as amended March 27, 1875. Intoxicating liquors. Piqua v. Zimmerlin, 507.

77. Sections 25 and 33 of the act of May 3, 1852 (Swan's Rev. Stat. 964). Id. 509, 510.

78. 1 S. & C. 448; Rev. Stat., secs. 6944, 6948 (61 Ohio L. 24). Id. 511. 79. Sections 125, 179, 180, and 181 of the municipal code. Id. 513. 80. Act of March 30, 1871 (68 Ohio L. 48). Married women. State, 514.

81. Act of March 13, 1868 (S. & S. 710). Board of Education. rel. v. Board of Ed. 519.

Pratt v.

Ohio ex

82. Section 21 (69 Ohio L. 88, 95; Rev. Stat., secs. 6448, 6450). Damages. Railroad Co. v. Robbins, 532.

83. Section 3 of the act of 1858 (1 S. & C. 671; Rev. Stat., sec. 6256). Guardian and ward. Scobey v. Gano, 550.

84. Sections 31, 33 (1 S. & C. 677; Rev. Stat., secs. 6289, 6291. Executors and administrators. Id. 555.

85. Sections 1, 3, and 10 of the act of 1877 (74 Ohio L. 168). Mechanics' lien. Rutherfoord v. Railroad Co. 559.

86. Sections 1 and 2 of the act of 1843 (1 S. & C. 1871 (68 Ohio L. 107); as amended in 1875 (72 March 31, 1874 (71 Ohio L. 71; 70 Ohio L. 291). 87. Section 557 of the civil code (67 Ohio L. 116). mew v. Lutheran Cong. 567.

833); as amended in Ohio L. 166); act of Id. 564, 565, 566. Injunction. Bartholo

88. Section 17 of the act of March 14, 1853 (S. & C. 504); as amended March 1, 1869 (66 Ohio L. 21). Descent and distribution. Courtesy. Denny v. McCabe, 576.

89. Section 41 of the act of 1872 (69 Ohio L. 174); section 49 (75 Ohio L. 927; Rev. Stat., sec. 7437). Guardian of imbecile. Messenger v. Bliss,

487.

90. Section 51 of the act of 1856 (1 S. & C. 849). Id. 594.

91. Section 557 of the code (67 Ohio L. 116). Boundary line. Bailey v. Hughes, 601.

92. Sections 8 and 9 of the act of 1875 (75 Ohio L. 49), appointing attor ney to assist prosecuting attorney. Price v. State, 601.

93. Section 280 of the civil code (Rev. Stat., sec. 5205). Judgment. Section 132 of the administration act (1 Curwen, 735; 3 Curwen, 2465); sec

Statutes, construction of-Streets.

STATUTES EXAMINED, ETC-Continued.

tions 540, 542, 543 of the municipal code (70 Ohio L. 63; 66 Ohio L. 241; 71 Ohio L. 45). Assessments. Springer v. Avondale, 625.

94. S. & C. 958, 1163, 1165, 1169. Appeal. Church v. Nelson, 641, 642.

95. Act of March 7, 1839 (1 Curwen, 544); act of February 6, 1847 (45 Ohio L. 67). College v. Cary, 653.

96. Act of March 29, 1859 (S. & C. 506). Adopted children. Upson v. Noble, 655.

97. 62 Ohio L. 32; act of April 3, 1867 (64 Ohio L. 105). Id. 656.

98. Sections 191, 192, 198, 196 of the civil code (Rev. Stat., secs. 5521, 5522); section 55 (Rev. Stat., sec. 5035). Attachment. Commencement of actions. Seibert v. Switzer, 664.

STATUTES, CONSTRUCTION OF—

1. An act will not be declared void for uncertainty, if by resort to the recognized aids in the construction of statutes, it is possible to ascertain its meaning. State ex rel. v. Comm'rs, 458.

2. The rule prescribed in the Revised Statutes (2 79), as to the effect of the repeal of an act, applies to the statutes mentioned in and repealed by the Revised Statutes, 27437. Railroad Co. v. Belt, 479.

8. Where the right to move for the dismissal of a case for non-compliance with the provision as to printing, was complete under the act of 1878 (75 Ohio L. 804, 25), such right was not affected by the repeal of that act by the Revised Statutes. Id. 479.

4. A part of an ordinance may be void and the remainder valid. Piqua v. Zimmerlin, 507.

STOCK, CERTIFICATES OF. See CORPORATIONS, 16.

STOCKHOLDERS. See CORPORATIONS.

STREETS

1. Where a deed of conveyance describes the lands intended to be conveyed as extending to the center of a street "as to be extended," and refers to a plat on which the street is traced, the grant is subject to the street, and the subsequent use of such street as a public highway does not constitute a breach of covenants against incumbrances or of general warranty. Cincinnati v. Brachman, 289.

2. The appropriation of land for the opening of a street, by a municipal corporation, through a parcel of land which stands upon the tax duplicate as a single lot or parcel, severs the same into two lots or parcels, for the purpose of assessment, though it remains on the general tax duplicate as an entirety for purposes of taxation. Spangler v. Cleveland, 469.

8. Where the same is assessed as two lots, and the assessments thus made are certified to the auditor of the county for collection, by order of the council, it is error to add the assessments made on each side of the street together, and charge the same upon the whole lot, as if no severance had been made. Id. 469.

4. The making of a street improvement required the construction of a stone and brick culvert, as well as earthwork. Each class of work was let and done separately, by different contractors, the culvert being first completed, accepted, and paid for. In making up the amount of the assessment to pay for both classes of work, it was error to include the cost of repairs of said culvert, made after it was accepted. Id. 469.

Superintendent of school fund-Taxes and taxation.

STREETS-Continued.

5. So, it is error to add to the cost of an improvement an estimated percentage to pay for collecting an assessment based thereon. Id. 469. 6. Where an assessment is per foot front, and is based upon an estimate of the cost, and a certain number of feet frontage, and the cost of the work falls below such estimate, the court, in reducing such assessment to the actual cost, and in fixing the cost per front foot, should not deduct from the frontage actually assessable when the improvement was ordered, any part thereof subsequently appropriated by the municipal corporation for streets. Id. 469.

See ROADS AND HIGHWAYS; RAILROADS, 6; ASSESSMENTS, 1, 2, 3, 4. SUPERINTENDENT OF SCHOOL FUND. See ELECTIONS, 2, 3.

SURETY

The holder of a promissory note accepted in good faith, from one of the principal makers thereof, who, to the knowledge of the holder, was insolvent at the time, a conveyance of a parcel of land in payment of the note. Subsequently, and within four months from the time of the conveyance, the holder of the note, on demand therefor, surrendered the property conveyed to an assignee in bankruptcy of the grantor. Held, that such conveyance did not operate as payment of the note, nor to discharge a surety thereon. Harner v. Batdorf, 113. See MARRIED WOMEN, 7, 8; GUARDIAN AND WARD, 1, 2.

TAXES AND TAXATION

1. The board of equalization added to a sworn return of personal property for taxation, which included the monthly average value of goods and merchandise during the preceding year, an additional valuation to such monthly average, and entered upon its journal a statement, as the reason for such increase, that, in view of the facts, the return was insufficient and below the actual value of the property: Held, that this was a sufficient compliance with the statute which requires a statement of the facts to be entered upon the journal of the board. Fratz v. Mueller, 397.

2. The statute empowers boards of equalization to add to or deduct from the valuation of personal property returned for taxation, upon such evdence as shall be satisfactory to the board, but this addition or deduction should be made upon satisfactory evidence or knowledge of the facts, and not arbitrarily, without any evidence or knowledge of the facts to support the same. Id. 397.

3. An act requiring county commissioners to cause a designated road to be improved, and to levy a tax to defray the expense thereof, where the road is open to the public, is not invalid for want of power in the general assembly to pass it. State ex rel. v. Comm'rs, 458.

4. An act providing "that the commissioners of Franklin county be, and they are hereby, authorized and directed to levy a special tax not to exceed," etc., to improve a county road, is a mandatory statute, and the commissioners may be compelled by mandamus to obey its provisions. Id. 458.

5. Where a board of equalization adds to the return of a tax-payer for taxation an item of property not taxable, and directs the county auditor to carry the amount so added on the duplicate, and assess against it the rate of taxation fixed for state, county, and city purposes, an injunction will lie to enjoin the auditor from so doing. Jones v. Davis, 474. 6. The personal property which a corporation, organized and doing business under the laws of this state, was required to list for taxation by section