Cases Reported

ERROR to Circuit Court of Hancock county. Messrs. J. A. & E. V. Bope, for plaintiff in error. Mr. W. L. David and Mr. Charles A. Blackford, for defendants in error. Judgment affirmed. SUM-. MERS, C. J., CREW and SHAUCK, JJ., concur.

No. 11851. HARMON, RECEIVER, V. LIPPIN: COTT. Decided February 8, 1910. ERROR to Circuit Court of Allen county. Mr. Edward Colston; Mr. Jay Leach; Mr. I. R. Longsworth and Mr. Morrison R. Waite, for plaintiff in error. Mr. D. C. Henderson, for defendant in error.

Judgment affirmed. SUMMERS, C. J., SPEAR, SHAUCK and PRICE, JJ., concur.

v.

No. 11065. RICE, TRUSTEE, V. Klamut et al. Decided February 15, 1910. ERROR to Circuit Court of Lorain county. Messrs. Klein & Harris and Mr. Clayton Chapman, for plaintiff in error. Mr. F. M. Stevens: Mr. John M. Pindras and Messrs. Ingersoll, Stettson & Wilcox, for defendants in error. Judgment affirmed. SUMMERS, C. J., CREW and DAVIS, JJ., concur.

No. 11288. PABST BREWING COMPANY V. PELTZ ET AL. Decided February 15, 1910. ERROR to Circuit Court of Cuyahoga county. Messrs. Klein & Harris, for plaintiff in error. Messrs. Miller & Linder, for defendants in error. Judgment affirmed. SUMMERS, C. J., CREW, SPEAR, DAVIS and PRICE, JJ., concur.

Without Opinion.

No. 11342. THE J. S. MCCONNELL WOOL Co. v. SWETLAND. Decided February 15, 1910. ERROR to Circuit Court of Knox county. Messrs. Waight & Moore and Messrs. Jenner & Weldon, for plaintiff in error. Messrs. Owen & Carr and Mr. L. C. Stillwell, for defendant in error. Judgment affirmed. CREW, SPEAR and SHAUCK, JJ., concur.

No. 11351. THE SOUTHEASTERN OHIO RAILWAY, LIGHT & POWER Co. v. THE MOXAHALA PARK & AMUSEMENT Co. Decided February 15, 1910. ERROR to Circuit Court of Muskingum county. Mr. Edward R. Meyer, for plaintiff in error. Mr. C. E. Swingle and Mr. F. H. Southard, for defendant in error. Judgment affirmed. CREW, SPEAR and SHAUCK, JJ., concur.

No. 11536. THE DETROIT, TOLEDO & IRONTON RAILWAY CO. 7. SMITH. Decided February 15, 1910. ERROR to Circuit Court of Clark county. Messrs. Keifer & Keifer, for plaintiff in error. Messrs. Stafford & Arthur, for defendant in error. Judgment affirmed. SUMMERS, C. J., CREW, SPEAR, DAVIS and PRICE, JJ., concur.

No. 11538. DER SCHWABEN VEREIN V. BENDURE. Decided February 15, 1910. ERROR to Circuit Court of Jefferson county. Mr. J. C. Bigger and Mr. Fred M. Coleman, for plaintiff in Messrs. McClave & McClave, for defend-、 ant in error. Judgment affirmed. SUMMERS, C.

error.

Cases Reported

J., Crew, Spear, Davis, ShauCK and PRICE, JJ.,

concur.

No. 11539. HAMILTON . THE FIRST NATIONAL BANK OF WELLSTON ET AL. Decided February 15, 1910. ERROR to Circuit Court of Jackson county. Messrs. McGillivray & Armstrong, for plaintiff in error. Messrs. Grosvenor, Jones & Worstell; Mr. Frank B. Finney; Mr. E. H. Willis and Mr. T. S. Hogan, for defendants in error. Judgment affirmed. SUMMERS, C. J., CREW, SPEAR, DAVIS and SHAUCK, JJ., concur.

De

No. 11542. YAKEY, EXR., 7. STRUNK. cided February 15, 1910. ERROR to Circuit Court of Shelby county. Mr. J. D. Barnes, for plaintiff in error. Messrs. Wickoff, Emmons & Needles, for defendant in error. Judgment affirmed. SUMMERS, C. J., CREW, SPEAR, SHAUCK and PRICE, JJ., concur.

No. 11555. THE WHEELING & LAKE ERIE RAILROAD Co., BY WORTHINGTON, RECEIVER, V. PECK, ADMX. Decided February 15, 1910. ERROR to Circuit Court of Lucas county. Mr. Charles 4. Seiders, for plaintiff in error. Mr. George C. Bryce and Messrs. Marshall & Frazer, for defendant in error. Judgment affirmed. SUMMERS, C. J., SPEAR, SHAUCK and PRICE, JJ., concur.

No. 11578. SNYDER, ADMX., 7. THE AMERICAN CIGAR CO. Decided February 15, 1910. ERROR

Without Opinion.

to Circuit Court of Richland county. Mr. Charles H. Workman and Mr. S. M. Douglass, for plaintiff in error. Mr. W. S. Kerr and Messrs. Kerr & LaDow, for defendant in error. Judgment affirmed. SUMMERS, C. J., DAVIS and SHAUCK, JJ.,

concur.

No. 11583. THE ELDRIDGE & HIGGINS COMPANY V. COURTRIGHT. Decided February 15, 1910. ERROR to Circuit Court of Franklin county. Mr. O. H. Mosier, for plaintiff in error. Mr. Charles M. Courtright, for defendant in error. Judgment affirmed. SUMMERS, C. J., DAVIS, SHAUCK and PRICE, JJ., concur.

NERS.

No. 11597. MURRAY V. MAHAN ET AL., PARTDecided February 15, 1910. ERROR to Circuit Court of Trumbull county. Mr. Warren Thomas, for plaintiff in error. Mr. A. E. Wonders, for defendants in error. Judgment reversed. Grounds stated in journal entry.

This cause came on to be heard upon the transcript of the record of the circuit court of Trumbull county, and was argued by counsel. On consideration whereof, it is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same hereby is, reversed for error in affirming the judgment of the court of common pleas.

The plaintiff in error, defendant in the action before the justice of the peace, entered into an undertaking in appeal, but failed to file the tran

Cases Reported

script and other papers and to have his appeal docketed, thereupon the plaintiffs, appellees, filed in the court of common pleas the transcript of the proceedings and judgment of the justice of the peace and recovered a judgment in the court of common pleas, on error that judgment was affirmed in the circuit court, and in this court the judgment of the circuit court was affirmed in case No. 11598. The defendant in the action before the justice of the peace, after the giving of the undertaking in appeal, also filed a petition in error in the court of common pleas, and in that court the judgment of the justice of the peace was affirmed, and on error the circuit court affirmed the judgment of the court of common pleas and the petition in error in this case brings that judgment before this court for review. The appeal suspended the judgment of the justice of the peace and the judgment of the court of common pleas in the appealed case superseded the judgment of the justice of the peace and left no judgment from which error could be prosecuted. In the error case, the common pleas court did not have jurisdiction to render a judgment of affirmance and the circuit court erred in affirming the judgment of the court of common pleas, and this court proceeding to render the judgment that the circuit court should have rendered:

It is ordered and adjudged that the judgment of the court of common pleas be, and the same hereby is, reversed, and the petition in error in that court dismissed. SUMMERS, C. J., CREW, SPEAR, DAVIS and SHAUCK, JJ., concur.