Hon. J. Twing Brooks, of Pittsburg, Hon. M. A. Norris, of Youngstown, and Andrew Squire, W. S. Kerruish, Henry C. Ranney, L. A. Russell and Judge E. T. Hamilton, of Cleveland, spoke at the banquet, paying a high tribute to the worth of Mr. Estep and the esteem in which he was held by his associates. George F. Edwards, a Minnesota attorney, has been arrested on a bench warrant issued from the district court in St. Paul charging him with grand larceny. Edwards was joint owner of the St. Paul office of the Snow-Church company, and his partner, H. K. Richardson, was indicted with him. The charge is the result of the recent assignment of the SnowChurch company in St. Paul and Minneapolis, some of the creditors bringing charges of dishonesty before the grand jury. It was alleged that collections were made and the proceeds appropriated. Judgment of the circuit court reversed and that of the court of common pleas affirmed. 4341. The Lake Erie and Western Railroad Company v. Joseph Mackey. Error to the circuit court of Mercer county. SPEAR, J. refuse to treat as part of a bill of exceptions a 1. It is not error for a reviewing court to deposition claimed to be the identical deposideposition is attached to the bill only by being tion given in evidence at the trial, where such placed between the pasteboard back and the stenographer's report (although held with sufficient tenacity to retain its place), and not marked as an exhibit, nor identified by either the trial judge, nor the stenographer, nor by anyone. It is said that Judge James A. Bibro, the circuit judge now presiding at Scottsboro, is one of the profoundest lawyers in north Alabama. As a circuit judge he has no superior in the 2. Where a petition in an action against a state. His clear-cut legal discriminations delight the legal profession. His fairness and railroad company for personal injuries charges courteous manner please the people. His de- that defendant negligently and unlawfully votional exercises in the opening of his court stopped a freight train across a public highway win praise from all church people. Judge for a period of more than five minutes, and Bibro has adopted the practice of opening his that while plaintiff, after the expiration of that court every morning with a short lesson read period, was attempting to cross the street befrom the bible and prayer, says the New Or-tween the cars, defendant, without warning, leans Picayune. If the judge could manage to wrongfully and negligently backed the train, get the lawyers for the defense to attend these causing plaintiff's injuries, such two charges exercises he might greatly benefit the bar. of negligence are not separable in the sense that one only would be the proximate cause of the injury; taken together they constitute a sufficient allegation of negligence as against a general demurrer. SUPREME COURT OF OHIO. The following are the syllabi to several cases announced by the supreme court last week. 3437. Solomon Mercer et al. v. Luella S. Cunningham. Error to the circuit court of Tuscarawas county. SHAUCK, J. 1. A probate court exercising jurisdiction over property embraced in an assignment for the benefit of creditors has power, under section 6348, Revised Statutes, to order an allowance out of personal property to the assignor, in lieu of a homestead. 2. If such assignor omits to invoke the exercise of that power, he cannot resort to the court of common pleas by an action upon the bond of the assignee to recover the value of such property, even though he made demand therefor upon the assignee and the appraisers. Judgments of circuit and common pleas courts reversed. Demurrer sustained and petition dismissed. 3382. Peter Hixon v. William Ogg. Error to the circuit court of Athens county. BRADPURY, J. Where issue has been joined on a material fact in an action, and the issue judicially de 3. A child of nine years of age is not guilty of negligence if he exercises 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. And even though the petition might, if the plaintiff were an adult, be construed as disclosing contributory negligence, an averment that the plaintiff was at the time a child of nine years of age, and of immature experience and judgment, is sufficient to rebut the presumption of contributory negligence. 4. Where, in such case, the evidence at the trial tends to show that a freight train has been permitted to stand across a public street beyond the period of five minutes, to the hindrance or inconvenience of travel thereon, in violation of section 6980, Revised Statutes, and persons rightfully on the street are passing between the cars of the train, it becomes a question for the jury whether or not it is negligence for the company's servants to move the train without giving timely warning of their intention to do so. 5. Whether, under such circumstances, a child of nine years who attempts to cross and surer. ana county. BURKET, J. 1. The act of May 4, 1891 (88 O. L., 593), entitled "An act relating to certain cities of the fourth grade of the second class," is in conflict with section 1 of article 13 of the constitution of this state, and is therefore void. 2. An action against a county treasurer for the purpose of enjoining the collection of taxes, is in its nature against the office, rather than against the person filling such office. In case of a change of incumbent, the action may proceed as commenced, or the new treasurer may be substituted. of a mortgage. The words "title" or possession," as here used, mean an actual change in law and equity, and the word "interest means a change in the insurable interest of the owner of the property, neither of which is affected by the execution of a mortgage. 3. Where a policy of insurance stipulates that it shall become void by the taking of additional insurance without the consent of the insurer, such stipulation is not within the provisions of section 3643, Revised Statutes, for the reason that additional insurance does, as a matter of law, increase the risk; and if taken without the consent of the insurer, invalidates the policy. Judgment reversed and cause remanded for a new trial. 4402. The State ex rel. The Castalia Sport ing Club v. The Judges of the circuit court of Erie county. In mandamus. BY THE COURT. For the purpose of fixing the time for the allowance and signing of a bill of exceptions, the record is conclusive as to the date of the judgment. Demurrer to petition sustained. 3320. William F. Morton v. The Western 3. In an action to enjoin the collection of taxes levied under an unconstitutional act, the payment of such taxes after the dissolution of Union Telegraph Company. Error to the cirthe injunction on final hearing, does not pre-cuit court of Madison county. vent the plaintiff from prosecuting error to test the validity of the act when by its proviBY THE COURT. sions other taxes are to be levied for one or more years. The negligent failure of a telegraph company to deliver a message does not authorize an action by him to whom it is addressed to Judgment reversed and cause remanded. 4409. Trustees v. McClannahan. Error to recover for resulting injury to his feelings and the circuit court of Vinton county. WILLIAMS, J. 1. An appeal from an interlocutory order of the court of common pleas, or a judge thereof, dissolving a provisional injunction allowed in an action, does not transfer the case to the appellate court for trial on the issues joined by the pleadings; the jurisdiction of the appellate court, on such appeal, is limited to the hearing and decision on the motion to dissolve, although the ultimate relief demanded in the action is a permanent injunction of like purport with the provisional one which was dissolved. 2. Where, after such appeal, the plaintiff dismisses his action in the court of common pleas, the provisional injunction and motion to dissolve go with it, and nothing remains for the appellate court to hear and determine. Judgment reversed. 3367. The Sun Fire Office of London v. Ida A. Clark et al. Error to the circuit court of Cuyahoga county. affections when no other injury results. Judgment affirmed. 4301. Christ. Koch v. The State of Ohio. Error to the circuit court of Summit county. A former conviction before a mayor for the violation of an ordinance is not a bar to the prosecution of an information charging the same act as a violation of a statute. Judgment, allirmed. New Cases. Causes filed since October 30, 1895. 4760. The P., C., C. & St. L. Ry. Co. v. The State of Ohio. Error to the circuit court of Franklin county. Thos. Millikin, Lawrence Maxwell, Jr., Charles Darlington for plaintiff. Attorney-General for defendant. 4761. Charles Schwenker, Administrator, v. Abram C. Doney et al. Error to the circuit court of Franklin county. M. R. Patterson for plaintiff. 4762. The State of Ohio ex rel. J. W. Willard et al. v. John W. Fawcett et al. Error to the circuit court of Cuyahoga county. J. O. Winship and J. M. Jones for plaintiff. N. T. Horr and C. L. Hotze, for defendant. 4763. Lewis Chesrown v. Elmira Morris et al. Error to the circuit court of Ashland county. Cummings & McBride, Campbell & Semple, and Geo. A. Nicol, for plaintiff. Winbigler & Goshorn, McClure & Smyer for defendants. Subscriptions and business communications should Ohlo Decisions. It is now announced that Senator Gray, of Delaware, will be appointed as Justice Jackson's successor on the supreme bench. It is understood that President Cleveland is desirous of appointing a New York man to the vacancy, but he cannot remove the opposition of the New York senators to the men who have been named in connection with the appointment, and he will solve the problem by appointing Gray. The commission appointed by the Governor under a special law of the last legislature to prepare a bill codifying the state insurance laws are holding sessions at Columbus this week, and are listening to arguments and suggestions of the different branches of insurance, as to changes considered desirable by them in the laws as they stand. Immediately after We also publish one volume each year of Ohio Fed- these hearings have been held the commission. eral Cases, advance sheets of which are mailed semi-will prepare its report to be presented to the The publishers of the LEGAL NEWS publish annually two volumes, which contain the decisions of the Circuit, Superior and Common Pleas Courts of the state, these volumes are issued each week as supplements to the LEGAL NEWS, without charge to subscribers. under the title of Ohio Decisions. Advance sheets of Federal Cases. monthly as a supplement to the LEGAL NEWS. Supreme Court Reports. The publishers of the LEGAL NEWS now have the contract or publishing the Supreme Court Reports of the state, and are enabled to attach advance sheets of these volumes to the LEGAL NEWS, as a second supplement, without charge. These sheets are only for temporary use and do not include indexes. New Subscriptions. New subscriptions can begin at any time, and back numbers of the part devoted to the LEGAL NEWS to the beginning of the subscription year will be supplied if desired; but no advance sheets of the Ohio Decisions will be supplied back of the commencement of the current volume Vol. 3 of Ohio Decisions begins May 4, 1895. Bound Volumes. Bound copies of Vol. 1 and Vol. 2 of the Ohio Decisions can be had at $3.50 per volume, if bound in full sheep, or $300 per volume in half sheep. Bound volumes of Vol. 1. OHIO LEGAL NEWS (Toledo Legal News) will be furnished at $200 per volume. Bound copies of any volume of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets, at $1.00 per volume in full sheep, or 75 cents in half sheep. Missing numbers of LEGAL NEWs or Ohio Decisions, 10 cents each. legislature. The Torrens system of transferring real estate was adopted by the voters of Chicago and Cook county, Ills., by a decided majority, last week. Under the operation of the Torrens system, when a title is examined and established, an official 'certificate is given and no investigation is necessary back of this certificate. Each subsequent change is noted on the certificate, as well as on the county records, so that all that is necessary is the certificate to determine the legal status of the property. The transfer of property under this system is as simple as the transfer of a stock certificate. With the Torrens system in vogue the business of the abstracter would be wiped out and half that of the lawyers destroyed. This system has Entered at the Postoffice, Norwalk, Ohio, as second been advocated in Ohio for some time, but class matter. SATURDAY, NOV. 16, 1895. COMMUNICATIONS SOLICITED. Contributions, items of news about courts judges and lawyers; queries or comments; criticisms on various law questions; addresses on legal topics, or discussions upon points of interest, as well as important decisions, are solicited from members of the bar and those interested in legal proceedings. Judge Allen G. Thurman, whose death has been expected for several days, is reported as growing stronger and his family and physicians hope that his life may be extended a short time, at least. nothing definite concerning its adoption was ever accomplished. It is probable that the new legislature will be asked to take action and give the people of the counties a chance to say whether they desire to adopt it. Attorney-General Richards has rendered two opinions of more than ordinary importance. One was upon a question submitted to him by State Insurance Commissioner Hahn, involving the admission of the Pennsylvania Mutual Accident company, of Philadelphia, to do business in Ohio of insuring bicycle owners against loss of their wheels by theft or accident. The Attorney-General holds that this kind of insurance is permitted under the laws But leaving the minor clause out of cousideration, leaving the seed question to be reviewed hereafter, much is gained when we know upon authority of the supreme court of the United States that "beans are vegetables."-Inter Ocean. of this state, on the same principle that bur-j do they belong? Are they marsupialia or crusglary insurance generally is permissible. tacea, vertebrate or invertebrate? And, if minThe other opinion was upon a question sub-eral, in what geological formation shall we mitted by State Mine Inspector Hazeltine rela- look for a mine of them? tive to the jurisdiction of coroners in cases of accident in mines. The matter arose in the case of holding an inquest upon the death of a miner named John Dilcher, who was injured in a mine in Hocking county, and was taken to his home in Athens county, where he died. It at once became a matter of dispute whether the coroner of Hocking county should make the inquest or whether that duty devolved upon the coroner of Athens county. Ordinarily it would be the duty of the latter, but under a certain special statute governing the Department of Mine Inspection, which requires that reports of mine accidents shall be made from the county in which they occur, the Attorney-General holds that the duty of holding the inquest in a case like the one cited devolves upon the coroner of the county in which the accident occurred. WHAT BEANS ARE. Judge Voris, at Akron has sustained the Sunday laws, by fining fruit dealers who kept open on that day in defiance of law. Karl Frankfort, a young man of East Lewistown, O., has been arrested for the alleged theft of a valuable hound. The dog was recovered near Mansfield. The board of visitors to county institutions at Toledo, have reported that the jail is in an uncleanly condition and will report to the State Board of Charities against it. Dr. Dudley P. Allen, a prominent surgeon at Cleveland, was fined recently by Judge Dissette, for failing to answer a subpoena. The doctor's excuse was that he was performing an important surgical operation. In nothing has the advancement of learning, to which the great lawyer, Francis of Verulam, contributed so much, been more emi- Peter Le Clair, of Thorpe, Wis., has been nently exemplified than in that decision of the sentenced to two years at Waupun, for bigamy. Le Clair, who is fifty years old, had five wives, supreme court of the United States of Amer-one in North Dakota, one at Rib Lake, Wis., two ica, which yesterday we chronicled in solemn in Minnesota, and one at Thorpe. The last gladness. one is a seventeen-year-old girl, who made the complaint against him. He pleaded guilty. Beans are not seeds of the coal-oil plant, as some fondly have imagined; neither are they implements of war, nor are they material for street paving. They are vegetables. The supreme court has said so, and therefore they are so. When Justice Brown, in silk arrayed, declared from his place on the supreme bench, in adjudication of the case of Hyman Sonn v. Collector of the Port of New York Beans are vegetables, not seeds, the shade of Lord Chancellor Bacon saw with delight these Jewels, fine words long. That on the stretched forefinger of all time Yet we regret the two concluding words. We concur with the eminent justice that "beans are vegetables," but we hesitate to affirm the rest of his dictum-"not seeds." For this were to imply that seeds are not vegetables, and it was part of the philosophy of our youth that all nature was divided into three kingdoms, animal, vegetable, and mineral. Now, if seeds are not vegetables, what are they? If animals, to what order and genus Judge Voris has decided the law taxing temporary merchants doing business in Akron unconstitutional, on the ground that it was practically a prohibition. The test case was one brought by Max Gugenheim, who started a clothing store in the city last summer without paying the license of from thirty dollars to fifty dollars a day. Gugenheim was arrested and fined by Mayor Harper.' He now threatens to sue the city for damages. The Dairy and Food Commissioner, at Columbus, has filed a suit against a saloon keeper named Meister, who upon the request of the commissioner refused to sell a bottle of liquor for the purpose of analyzing it. The suit is brought to impose the fine which is the same as if the liquor had been found to be impure. This is the first suit of this kind that has been brought by the commissioner and the outcome will be awaited with considerable interest. Martin Wynne is the plaintiff in a $10,000 damage suit at Akron, against the Ohio Stone company, a Cleveland corporation, with quarries at Peninsula, Summit county. He claims that while in the employ of the company and working in the blacksmith shop, another em ployee brought in and laid on the floor a can of powder. A spark flew into the can, and caused an explosion. Wynne has already lost an eye, and claims that eventually he will lose his eyesight entirely. The $10,000 damage suit brought by Mrs. Dr. Hilligoss against W. R. Covert, the antispiritualist, came to an abrupt end, the jury, after being out twenty minutes, found finding for Covert, denying even a cent of damages. The suit involved the question of spiritualism, and for that reason and the prominence of the principals it attracted a great deal of attention. Mr. Covert has in his tirades against spiritualism repeatedly asserted and printed that so-called spiritualistic mediums were liars, frauds, knaves, thieves or ignoramuses. Mrs. Hiligoss, who leads Indiana spiritualists, took the assertion as personal and brought the suit. The Anti-Saloon League have been waging war against saloon keepers at Elyria for some time. They engaged Charles Walters and Ernest Johnson, Chicago detectives, to work here during the fair. The latter secu ed eviidence by buying whisky, and then while drying their lips with handkerchiefs, put the liquor into ounce vials, which they had con cealed in their handkerchiefs. Sixteen saloon keepers were indicted and have been arraigned in common pleas court to enter a plea to indictments presented by the grand jury, charging them with selling liquor within two miles of the fair grounds during the fair. All the men indicted gave bond in the sum of $300. Six prisoners escaped from the county jail at Cincinnati recently. They were all at sup. per, and two of them were talking with one of the guards ten minutes before seven o'clock, at which time they were missed, as they did not respond when called to go to their cells for the night. Two of them are widely known in the criminal world: J. F. Woodward and B. F. Ford, alias George Fisher, alias William Boland. The others are local characters but desperate and troublesome.. They escaped through an unoccupied cell used for insane prisoners, to which they gained access by a false key. Then they sawed out the bars of the window, descended to the roof of a temporary building in the jail yard by means of a rope made of bedclothes, and from there easily mounted the jail wall and dropped down into North Court street, which at that point is dark and unfrequented. A woman of the town who called on Woodward last Thursday is under suspicion of having assisted by furnishing them the saws and keys. Hon. Robert Sherrard, prominent citizen of Steubenville, died at his home on the 8th inst., age 72 years. He was a lawyer, banker and politician. He was born in Jefferson county, June 9, 1824. He had only the educational advantages in vogue here at that period, and later attended Scott's academy. În 1845 he entered the law office of Mason & Moody and The court of appeals at Albany has heard arguments in the case of Erastus Wiman, charged by his late partners in the mercantile agency of R. G. Dun & Co., with forgery. The conviction of Mr. Wiman under Judge Ingrasentenced to Sing Sing for five and one-half ham a year ago last summer, when he was years, was reversed by the supreme court at its general term last February, and it was against this decision that the district attorney of New volved relate mainly to what constitutes a York appealed. Inasmuch as the points inthere are thousands of business establishpartnership by participation of profits, and as ments which have employees thus compensated, the case is likely to excite wide attention aside from the prominence and public service of Mr. Wiman. The contention before the court is divided into two sections, first as to the guilt or innocence of Mr. Wiman, resting upon his right to second as to the errors of the trial judge. sign and indorse the check in dispute, and The first point may be determined upon the decision of the question whether Wiman was or was not a partner in the firm of R. G. Dun & Co. SUPREME COURT OF OHIO. Official Record cf Proceedings. TUESDAY, November 12, 1895. General Docket. 3152. John W. Harper v. McKinnis, Davis & Co. Error to the circuit court of Hancock county. BY THE COURT: One member of a firm of real estate brokers may find his co-partners by a revocation of a contract previously entered into by him with the owners of lands whereby, for a time agreed upon, such firm had acquired an exclusive right to sell such lards. Judgments of the circuit and common pleas courts reversed, and cause remanded to the court of common pleas for a new trial. 3122. In the matter of Oliver C. Hampton et al., trustees. Error to the circuit court of Cuyahoga county. Judgment affirmed. |