Apparatus for Fire Department—Appraisement.
APPARATUS FOR FIRE DEPARTMENT-
Under Section 2835, Revised Statutes, a municipal corporation
may issue its bonds in order to equip buildings of fire depart-
ment with apparatus, other than, or in addition to, fire engines.
See City v. Dobson, 66.
APPEAL-
Default judgment in favor of plaintiff —Before justice of peace-
Action appealed to common pleas court-Cannot be appealed
to circuit court, when—Section 5226, Revised Statutes—Rule of
appeals—Jurisdiction of common pleas court-A judgment
having been rendered by default in favor of the plaintiff in an
action before a justice of the peace to recover on account of
the breach of written contract, and the action having been
appealed to the court of common pleas and there determined,
the cause cannot be appealed to the circuit court for a trial
de novo under Section 5226, Revised Statutes, which authorizes
such appeal only in an action within the original jurisdiction
of the court of common pleas, although the only defense made
in the court of common pleas was that of a mutual mistake in
the instrument upon which the plaintiff counted. Winters v.
Ruff, 257.
APPLICATION-
The probate court is without jurisdiction in advance of settlement,
to entertain an application by an administrator to fix a sum
as a maximum to be expended for a tombstone or monument
for deceased, and to order the erection thereof and charge the
expense to the estate. See Matter of Estate of Ferguson, 58.
APPOINTMENT-
The common law forbids that an officer shall make a prospective
appointment to fill an anticipated vacancy in an office the term
of which cannot begin until after his own term has expired-
This rule is neither abrogated nor modified by Section 1 of the
act of April 2, 1906 198 0. L., 342), creating a railroad com-
mission, and requiring the governor to appoint in January, 1909,
and biennially thereafter, one commissioner. See State v.
Sullivan, 79.
APPRAISEMENT-
A mortgagee, in the absence of fraud or collusion, is bound by
APPRAISEMENT-Continued.
to which is attached a "mortgage clause," which makes the loss
payable to the mortgagee as his interest may appear, although
he was not a party to and had no notice of the appraisement
and award. See Brewing Co. v. Insurance Co., 1.
APPROPRIATION
The council of a municipal corporation may, by ordinance,
appropriate money and authorize the directors of public safety
to enter into contracts for an authorized purpose, and the
particular contract made, if within the appropriation and author-
ity, does not have to be approved by council—The provisions
of Section 1536-205, Revised Statutes, that no ordinance for the
expenditure of money shall be passed by council of a municipal-
ity, unless the auditor shall first certify that the money required
is in the treasury, does not apply to an ordinance appropriating
the money obtained by council, from a sale of bonds made by
it, to the purpose for which the bonds were sold. See City v.
Dobson, 66.
APPROVAL OF CONTRACT
A contract entered into by the directors of public safety of a
municipal corporation, under an ordinance which appropriates
money and grants authority to enter into contracts for an
authorized purpose, does not have to be approved by council.
See City v. Dobson, 66.
ASSESSMENTS-
Municipal code of October 22, 1902–Repeals Section 2264, Revised
Statutes-And annuls former rule of frontage-En:re length-
wise frontage now assessed-Since the municipal code passed
October 22, 1902 (96 0. L., 20), repealed Section 2264, Revised
Statutes, and denied the following mode of assessing the costs
and expenses of street improvements, “by the foot frontage of
the property bounding and abutting upon the improvement," the
rule of assessment laid down in Haviland et al. v. City of
Columbus et al., 50 Ohio St., 471, is abrogated, and municipalities
are authorized to assess upon an entire lengthwise frontage of a
lot abutting upon the improvement. Village v. Stoecklein, 332.
ASSIGNMENT-
A "mortgage clause" attached to a fire insurance policy which
makes the loss payable to mortgagee as his interest may appear,
Assignment-Attorney.
ASSIGNMENT-Continued.
is not an assignment of the policy. See By wing Co. v. In-
surance Co., 1.
ATTACHMENT-
1. Levy upon order of attachment on real property—Duty of
levying officer under Section 5537, Revised Statutes-Section
5537, Revised Statutes, which provides that, "The officer shall
return upon every order of attachment what he has done under
it, and the return must show the property attached,” makes it
necessary that the return shall show all the essential things the
officer has done in the execution of the writ, and shall so describe
the property as to identify it. Green v. Coit, 280.
2. Description of property required by Section 5528, Revised
Statutes—The provision of Section 5528, Revised Statutes,
which make it the duty of the officer who undertakes to levy
the order of attachment on real property to leave with the
occupant thereof, or if there is no occupant, in a conspicuous
place thereon, a copy of the order, are mandatory requirements,
and a return which fails to show compliance with these require-
ments, and fails to so describe the property as to identify it, is
insufficient to give to the court out of which the writ issued
dominion over the property. Ib.
3. Description insufficient, when—A statement intended
ATTORNEY-Continued.
a witness for the state and another, when—The accused is not
entitled to the minutes of evidence taken before the grand jury,
nor to an inspection of the transcript of such evidence. See
State v. Rhoads, 397.
AUDITOR OF MUNICIPALITY-
The provisions of Section 1536-205, Revised Statutes, that no
obligation shall be entered into, and no resolution or order
shall be passed by council of a municipality, involving the
expenditure of money, unless the auditor shall first certify that
the money is in the treasury, does not apply to an ordinance
appropriating money, obtained by council from a sale of bonds,
to the purpose for which the bonds were sold. See City v.
Dobson, 66.
AWARD-
A mortgagee, although he was not a party to and had no notice
of the appraisement and award, in the absence of fraud or
collusion, is bound by the award of appraisers provided for in
a fire insurance policy, to which is attached a “mortgage clause,”
which makes the loss payable to the mortgagee as his interest
may appear. See Brewing Co. v. Insurance Co., 1.
BARRIER IN STREET-
In determining whether a barrier should be erected in order to
make a highway safe the test is whether a traveler in passing
and exercising ordinary care, would be subject to danger, etc.
See Village v. Gilbow, 263.
BENEFICIARY-
Under Section 6135, Revised Statutes, after the death of the
Best Bidder-Board of County Commissioners.
BEST BIDDER-Continued.
orders another advertisement, there is no abuse of discretion-
Mandamus will not lie to compel the board of public service to
enter into a written contract with such bidder-In such case
the resolution does not constitute a contract-Section 1536-679,
Revised Statutes, construed. See State v. Board. 218.
BEVERAGE-
The resident of a “dry” county may, under the local option law
(99 O. L., 35), himself or by an agent, purchase intoxicating
liquor in a "wet” county, and bring it into the county in which
he lives, to be used therein by him as a beverage. See State v.
Lynch, 336, and State v. Wirick, 343.
BIDS FOR STREET IMPROVEMENT-
Where a board of public service advertises for and receives bids
for street improvements, and adopts a resolution finding a
bidder the lowest and best, then rescinds the resolution and
orders another advertisement, there is no abuse of discretion-
Mandamus will not lie to compel the board of public service to
enter into a written contract with such bidder-In such case
the resolution does not constitute a contract-Section 1536-679,
Revised Statutes, construed. See State v. Board, 218.
BILL OF RIGHTS-
An ordinance under Section 1536-100, Revised Statutes, to regu-
late and license chattel mortgage and salary loan brokers,
requiring to be filed with the auditor of the city a record of
every loan, to remain open to inspection, is not violative of
Section 14 of the Bill of Rights. See Sanning v. City, 142.
BILL OF EXCEPTIONS-
A bill of exceptions certified, allowed and signed by trial judge is
in the record-Presumption is that all preliminary steps were
complied with, although the record is silent. See State v.
Wirick, 343.
BOARD OF COUNTY COMMISSIONERS-
Section 1166, Revised Statutes, does not require the county
commissioners to cause plans and specifications to be made
for all road improvements. See Hibbard v. Biddle, 181.
That part of Section 4903, Revised Statutes, which provides for
compensation to county commissioners as directors of highways,
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