Cases Reported

No. 12299. WAGEMAN ET AL., PARTNERS AS J. WAGEMAN & SONS, v. STEVENS ET AL. Decided

ERROR to Circuit Court of

January 30, 1912.

Cuyahoga county. plaintiffs in error.

Mr. George C. Hafley, for Messrs. Carpenter, Young &

Stocker and Messrs. Humphrey & Taylor, for de

fendants in error.

Judgment affirmed.

SHAUCK and JOHNSON, JJ., concur.

SPEAR,

Decided

No. 12324. SEARS v. WALKER ET AL. January 30, 1912. ERROR to Circuit Court of Crawford county. Mr. R. V. Sears and Mr. Benjamin Meck, for plaintiff in error. Messrs. Finley & Gallinger; Mr. L. C. Feighner and Mr. Anson Wickham, for defendants in error. Judgment reversed and judgment for plaintiff in error. DAVIS, C. J., SPEAR, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur.

[Reporter's note. The following modified journal entry was made and entered March 12, 1912.]

The journal entry heretofore made and entered in this cause is hereby modified so as to read as follows, to-wit:

This cause came on to be heard upon the transcript of the record of the circuit court of Crawford 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 of the circuit court in its conclusion of law that the judgment of the common pleas court of Crawford county in cause No. 9364, setting aside

Without Opinion.

the last will and testament of L. L. Walker, deceased, is null and void as to the parties to that suit, and in adjudging that said will is in full force and effect in so far as it affects the rights and interests of the parties thereto, and in its holding that this action in partition was prematurely brought. And it appearing from the record and by consent of counsel in open court that $1,080.30 of the money borrowed by Sarah L. Walker from Frederick Gehret was applied by said Sarah L. Walker to the payment of a ditch assessment duly levied by the commissioners of Crawford county against the real estate described in the petition, and that said assessment was a valid and subsisting lien against said real estate, and therefore the judgment of the circuit court in favor of said Mary Gehret, as administratrix of the estate of Frederick Gehret, deceased, to the extent of $1,080.30 with interest thereon from the 21st day of December, 1906, and that the same is a first and best lien upon said portion of the premises described in said answer and cross-petition of Frederick Gehret is affirmed, and all the rest and residue of said judgment of the circuit court for the errors above stated is reversed and vacated, and said cause is remanded to said circuit court for further proceedings according to law.

No. 12332. FECKTER, A TAXPAYER, ETC., V. THE CITY OF CINCINNATI, ET AL. Decided January 30, 1912. ERROR to Circuit Court of Hamilton county. Mr. C. B. Matthews, for plaintiff in error. Mr. Edward M. Ballard, city solicitor; Mr.

Cases Reported

Taylor C. Greenwald, assistant city solicitor; Messrs. Boyd & Slutes and Messrs. Harper, Allen & Curts, for defendants in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ.,

concur.

No. 12358. SHALLENBERGER V. THE SCRIPPS PUBLISHING CO. Decided January 30, 1912. ERROR to Circuit Court of Cuyahoga county. Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews and Messrs. Gage & Wilbur, for plaintiff in error. Messrs. M. B. & H. H. Johnson; Messrs. Harper, Allen & Curts and Mr. T. H. Hogsett, for defendant in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ., concur.

No. 12359. BUSHNELL V. THE SCRIPPS PUBLISHING CO. Decided January 30, 1912. ERROR to Circuit Court of Cuyahoga county. Messrs. Hoyt, Dustin, Kelley, McKeehan & Andrews and Messrs. Gage & Wilbur, for plaintiff in error. Messrs. M. B. & H. H. Johnson; Messrs. Harper, Allen & Curts and Mr. T. H. Hogsett, for defendant in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ., concur.

No. 12360. HARLOW, GUARDIAN, v. BECKENBACH. Decided January 30, 1912. ERROR to Circuit Court of Cuyahoga county. Mr. Berkeley Pearce, for plaintiff in error. Messrs. Halle & Butler, for defendant in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ., concur.

Without Opinion.

No. 12364. INGERSOLL, TRUSTEE, v. GERLACH, ADMINISTRATOR, ET AL. Decided January 30, 1912. ERROR to Circuit Court of Cuyahoga county. Mr. T. H. Johnson; Mr. William Howell and Mr. C. W. Dille, for plaintiff in error. Messrs. Messrs. Griswold & White; Mr. Newton D. Baker; Mr. W. D. Wilkin; Messrs. Goulder, Holding & Masten and Messrs. Kline, Tolles & Morley, for defendants in error. Judgment affirmed, by agreement of counsel. DAVIS, C. J., PRICE and DONAHUE, JJ.,

concur.

No. 12387. MILLER V. THE State, ex rel. Dye. Decided January 30, 1912. ERROR to Circuit Court of Henry county. Mr. A. A. Slaybaugh and Messrs. Bailey & Leasure, for plaintiff in error. Mr. L. E. Long and Mr. W. W. Sutton, for defendant in error. Judgment reversed on authority of Devinney v. State, Wright, 564. DAVIS, C. J., SPEAR, SHAUCK, PRICE, JOHNSON and DONAHUE, JJ., concur.

No. 12383. MCCOMBS V. THE CLEAR FORK OIL CO. Decided January 30, 1912. ERROR to Circuit Court of Harrison county. Mr. D. M. Gruber and Messrs. Perry & Rowland, for plaintiff in error. Messrs. Hollingsworth & Worley, for defendant in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ., concur.

No. 12390. THE STARR PIANO Co. v. STOCK. Decided January 30, 1912. ERROR to Circuit Court of Lucas county. Mr. Eugene Rheinfrank,

Cases Reported

for plaintiff in error. Messrs. Kohn & Northup and Mr. Lewis W. Morgan, for defendant in error. Judgment affirmed. SPEAR, SHAUCK and JOHNSON, JJ., concur.

No. 12798. ERVIN ET AL. V. FLOOD ET AL. Decided January 30, 1912. ERROR to Circuit Court of Fayette county. Mr. Humphrey Jones, for plaintiffs in error. Mr. John Logan, for defendants in error. Judgment affirmed. DAVIS, C. J., Davis, PRICE and DONAHUE, JJ., concur.

No. 12870. SMALLWOOD v. THE BROWN CLUTCH CO. Decided January 30, 1912. ERROR to Circuit Court of Lorain county. Mr. T. A. Conway, for plaintiff in error. Mr. Anthony Neiding and Mr. Roy H. Williams, for defendant in error. Judgment affirmed. SHAUCK, JOHNSON and DONAHUE, JJ., concur.

No. 13252. THE STATE, EX REL. HARTSHORN, v. VOORHEES ET AL. Decided January 30, 1912. IN MANDAMUS. Mr. George E. Hartshorn and Messrs. Flory & Flory, for relator. Mr. John M. Swartz and Messrs. Smythe & Smythe, for respondents. Issues found for respondents and petition dismissed. DAVIS, C. J., SHAUCK, JOHNSON and DONAHUE, JJ. concur.

No. 13282. ANNA HAWLEY, EX PARTE. Decided January 30, 1912. ERROR to Common Pleas Court of Franklin county.

Mr. J. L. Hampton and