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re interchange of service

London Water Works Co., in re proposed increased water rates..
Long, R. F. and Harvey Emrine, to buy and sell property..

Kent Water & Light Co., in re rates for electrical services..

Logan County Farmers' Telephone Co., United Home Telephone Co., vs. in

Marion Grain & Supply Co. vs. Prospect Electric Light & Power Co., in

295

390

32

50

re rates

102

Massillon Electric & Gas Co., in re proposed increased rates..
Meigs Water Co., in re rates for cities of Pomeroy and Middleport..
Melburn Telephone Co. and H. A. Graetz, to buy and sell property..
Millersburg, Wooster & Orrville Telephone Co., to sell stock..
Mulligan, H. T. vs. Athens Electric Co., in re rates...

219

52

316

409

New York Central Railroad Co. and the Erie Railroad Co., application to
abandon agency of, at Braceville

547

Norfolk & Western Railroad Co., to abandon station...

293

North Baltimore Water & Electric Co., village of North Baltimore vs., in
re rates

389

North Baltimore, village of, vs. North Baltimore Water & Electric Co.,
in re rates

389

North Jackson Telephone, & Ohio State State Telephone Co., to buy and
sell property

121

Ohio Bell Telephone Co. and The Ohio State Telephone Co., for
sent to consolidate

North Ridgeville Telephone Co., and Elyria Telephone Co., to buy and
sell property

199

con-

619

Ohio Electric Railway Co., appeal from Lima rate ordinance...

222

Ohio Power Co., in re rates for cities of Newark, Baltimore and Lancaster..
Ohio Service Co., to abandon street railway service..

54

598

Ohio & Southern Interurban Terminal and Depot Co., Scioto Valley Trac-
tion Co., and Earl S. Davis, to buy and sell property..

597

Ohio State Telephone Co. and North Jackson Telephone Co., to buy and
sell property

Ohio State Telephone Co. and South Charleston Home Telephone Co., to
buy and sell property

49

Ohio State Telephone Co. to extend bonds of U. S. Telephone Co.....
Ohio State Telephone Co., to extend bonds of the Cuyahoga Telephone Co... 524
Ohio State Telephone Co., and the Ohio Bell Telephone Co., for consent
to consolidate

121
521

619

Ohio Utilities Co., Business Men's Association of Hillsboro, Ohio vs., in re
proposed increased rates for electrical service...

386

Paulding Telephone Co. and the Paulding Home Telephone Co. to buy and
sell property

Osgood County vs. American Railway Express Co., in re service..
Paulding Home Telephone Co. and the Paulding Telephone Co. to buy and
sell property

51

2

2

Pennsylvania Railroad Co., to discontinue station...

1

Pennsylvania Railroad Co., to change station at New Lynne..

411

Pennsylvania Railroad Co., to change station at Engleville.
Pennsylvania Railroad Co., to change station at Rosemont..

412

413

Prospect Electric Light & Power Co., Marion Grain & Supply Co. vs., in
re rates

102

Ravenna Gas & Electric Co., Wm. A. Carpenter, et al. vs., in re proposed
increased rates for electrical service

388

Scioto Valley Traction Co., Ohio & Southwestern Interurban Terminal and
Depot Co., and Earl S. Davis, to buy and sell property.......
Smith, S. D., et al. vs. United Home Telephone Co., in re service....
South Charleston Home Telephone Co. and the Ohio State Telephone Co.,
to buy and sell property

597

389

49

Springfield-Xenia Telephone Co. and the Central Union Telephone Co., to
buy and sell property

217

Stover, Amon, et al. vs. Columbus, Delaware & Marion Electric Co., in re

rates

338

Toledo Railway & Light Co., C. S. Turner vs., in re rates..

572

Trail Run Telephone Co., and Chesapeake & Potomac Telephone Co., to buy

and sell property

292

Turner, C. S. vs. Toledo Railway & Light Co., in re rates...

572

Union Gas & Electric Co. and Cincinnati Traction Co., in re agreement..
Union Gas & Electric Co., appeal from Reading rate ordinance....
United Home Telephone Co., S. D. Smith, et al. vs., in re service...
United Home Telephone Co. and Logan County Farmers' Telephone Co.,
in re interchange of service....

173

623

389

390

337

460

Wellston Slag Co. vs. Baltimore & Ohio Railroad, in re rates..
Wellston Slag Co., vs. Baltimore & Ohio Railroad, in re rates...
Wester & Sons et al. vs. Youngstown & Suburban Railway Co., in re rates 475
Williams County Telephone Co. and H. A. Graetz, to buy and sell property.. 317
William J. Oil Corporation for approval of transfer of property......
196
Williamson, G. V. and Central Light & Power Co., to buy and sell property.. 593
Youngstown & Suburban Railway Co., Wester & Sons, et al. vs. in re rates.. 475

New In-
corporations....

Increases

Decreases

{

SECRETARY OF STATE

22, 45, 71, 93, 117, 142, 167, 190, 215, 238, 286, 311, 335,
358, 383, 406, 430, 455, 471, 494, 519, 543, 567, 591, 614, 640.

S 24, 48, 72, 96, 120, 144, 168, 192, 216, 240, 288, 312, 336, 360,
384, 408, 432, 456, 472, 496, 520, 544, 568, 592, 616.
24, 48, 72, 96, 120, 144, 168, 192, 216, 240, 336, 360, 384, 408,
432, 456, 472, 496, 520, 544, 568, 592, 616.

SUPREME COURT

Cases Decided

Motions Decided

SYLLABI IN:

.70, 116, 166, 214, 284, 334, 382, 639
..21, 69, 115, 165, 213, 284, 334, 382, 638

Alter & Alter vs. Union Savings Bank & Trust Co., et al.

381

Bandy vs. State of Ohio

115

Blancke vs. N. Y. Central Railroad Co.

380

Board of Education of Hancock County, Ohio, vs. Boehm, et al...

91

Celina & Mercer County Telephone Co. vs. Union Center Mutual Tele-
phone Co.

308

Cleveland, City of, vs. Public Utilities Commission..

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Local Telephone Co. vs. Cranberry Mutual Telephone Co...
Nead vs. Hershman

308

309

New Bremen, Village of, et al. vs. Public Utilities Commission..
Newman et al. vs. Newman

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State ex rel. vs. Board of Education of Lykens Township..

165

St. Clairsville, Village of, vs. Public Utilities Commission and Ohio Fuel

Supply Co.

283

Stiess vs. State of Ohio.

309

Union Savings Bank & Trust Co. et al. vs. Alter, et al..

381

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Court having jurisdiction of parties and subject matter, cannot tran-
scend powers

Error, Court of Appeals cannot bind trial court as to facts, when may
render final judgment

Jurisdiction confined to record, must reverse when find verdict against
weight of evidence

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Refusal to submit case to jury on jury issue, after motions by both
parties for directed verdict, when constitutes error..

309

ATTACHMENT:

Contract induced by fraud, attachment on ground of non-residence
lies-no bond

379

379

Proceedings remedial-liberally construed

BRIDGES:

In municipality-on state or county road, county to construct, mu-
nicipality to repair, liable for negligence, dangerous defects... 283
CONSTITUTIONAL LAW:

Justice of Peace, authority and appointment, validity of statute ques-
tioned by quo warranto only
"Lawful_requirement" in Sec. 35, Art. II, comprehension of, Sec. 12593
G. C. does not constitute...

309

283

Statute requiring telephone company to secure certificate of public
convenience from Utilities Commission, valid, effect of...

308

COUNTY:

Commissioners, liable for official negligence as created by statute
only-not extended-not chargeable with negligence on State
Highways

379

COURTS:

Appeals, court of-finding of facts not conclusive on trial court,
when may render final judgment...

90

Error, jurisdiction confined to record, may affirm, modify or reverse
-must reverse when against weight of evidence..
Jurisdiction of parties and subject matter,-cannot transcend powers 90
Motion by defendant for directed verdict, at conclusion of plaintiffs
case, overruled, renewed at close, like motion by plaintiff, sus-
tained, then overruling defendant's motion, defendant withdraws
motion, asks submission to jury, refused by court, constitutes
error, if jury issue....

888

90

309

CRIMINAL LAW:

Accused may argue to jury in person or counsel, fully-refusing per-
mission to argue for mercy, error.....

Accused to address jury, refusal by court when not error..

114
114

Arson, burning of property of another essential, failure to charge as
to, error-burning, or securing another to burn own building to
secure insurance, not arson

309

165

Indictment charging shooting with intent to kill, or to wound, includes
lesser offense, duty of court to charges as to..
Insanity, burden on defense, even though states case tends to show... 114
Insanity, not entitled to second trial unless insane since first trial........ 114
Mercy-charge as to-not error
114

Murder, discretion of jury as to mercy, not influenced by court, ex-
ercised in view of evidence-duty to pass upon guilt and mercy.... 114
Murder in first degree, includes lesser charge-in perpetration of rob-
bery depends on evidence-failure to prove first degree murder,
no evidence as to lesser crime, entitled to acquittal...
Murder, not error to charge as to mercy, prosecutor may argue against

DEEDS:

mercy

115

114

Rescision of, not on breach of contract where not ground of forfeiture
-not for delay in improvements..........

90

EMPLOYER:

"Lawful requirement" in constitution comprehension of-Sec. 12593
G. C. not within meaning, indefinite

283

FRAUDS, STATUTES OF:

Real estate, verbal contract not taken out by payment of consideration
unless induced to fraud-equity will grant relief, for fraud-rem-
edy against insolvent

380

HIGHWAYS:

Bridges, in municipality on state or county road, county to construct,
municipality to repair, liability for negligence....

283

County not liable for injury caused by negligence on State Highway.... 379
INDEMNITY:

Against fire, or otherwise, does not include loss by locomotive......
Contract for-strictly construed; general words after specific terms,
apply to things of like nature...

91

91

INTOXICATING LIQUORS:

JUSTICE OF PEACE:

Sale of violation of constitution-also violation of law..

309

Authority of, and constitutionality of act authorizing appointment,
questioned only in quo warranto, justice must be party......
Jurisdiction of police justice, co-extensive with county may hold court
any place in county

309

310

LIMITATIONS:

Lapse of time, delay beyond statutes, burden on party asserting right
to explain delay

90

MANDAMUS:

380

Does not lie against Auditor or Commissioners, when........
Extraordinary remedy-does not lie if adequate remedy at law............ 380
MUNICIPAL CORPORATIONS:

Assessments, waiver of limitations by property owner, by petition,
filing of second petition, referring to ordinance, may constitute
waiver, strictly construed

213

Bridges-on state or county road, duty to repair, liable for danger-
ous defects

283

Contract with public utility binding, when not subject to review by
utilities commission, how entered into........

Drain, use of, in improvement ordinance does not include sanitary
sewer, has own meaning

92

213

283

Gas company, right to withdraw service, authority of utilities commis-
sion, notice of application, what required..
Locomotives and cars, may regulate speed, within corporate limits...... 380
Special assessment, when interest not within 33% % limitation......... 380
Telephone Company-requirement of certificate of public convenience,
does not limit right to contract for-goes only to capacity of com-
pany

NEGLIGENCE:

County not liable for on state highways...

308

379

Pleadings disclose common law duty-jury to determine-also proxi-
mate cause of injury

380

PHYSICIANS:

Acts regulating valid, within police power, may require examination.... 91
POLICE POWER:

Measured by public need, limited by constitutions-public health with-
in legislature judge of need not nullified without gross abuse of
discretion

91

Practice of healing within police power, acts regulating valid.. ..... 91
PUBLIC UTILITY:

Commission, an administrative board, must dismiss application when
affects rights at issue in court of general jurisdiction.....
Gas company, right to withdraw service, notice of application, what
required, authority of commission...

309

283

Partnership organized to maintain telephone plant, a public utility,
even if "not for profit," certificate of public convenience neces-
sary--act valid-not within exception.....

Sec. 4, Art. 18 of constitution self executing-contract with municipal-
ity under, valid, not subject to review by public utilities commis-
sion-how contract entered into...

308

Subject to government control as to use and compensation, can man-
age own business

Telephone company in municipality, requirement of certificate of pub-
lic convenience, does not limit power of municipality to contract
for, goes to capacity of company...

QUO WARRANTO:

92

92

308

Authority and appointment of justice of peace questioned by..
SCHOOLS:

309

Act granting powers to create new district, not controlled by prior acts,
discretion of board, when not interfered with..

91

Special levies-resolution of insufficient fund—authorizes submission
of separate propositions in separate years-levies when cumula-
tive included in submission to budget commission..
Special levies under Sec. 5649-5 and 5649-5a-exempt from budget
commission

379

380

Special levies, up to 3 mills, under Sec. 5649-4, outside limitations........ 380
Transportation of pupils, conveyance within 1⁄2 mile, compliance, desig-
nation of depots opitional, shelter to be provided...

SEWERS:
"Drain" in Sec. 3812, not synonymous, each has own meaning............
Drain, provision to construct does not authorize sanitary sewer..

165

213

213

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