Discrimination-"Doing Business."

DISCRIMINATION —

Ferry rates on Ohio river - Reduced fares valid, when - Work-
hand and shopping tickets. See Bellaire, ex rel., v. Ferry Co.,
356.

DISSOLUTION -
Corporations
Code

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Petition of stockholders

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Section 11938, General

Grounds for dissolution. See In re Waldorf Amuse-
ment Co., 438.

1. Custody of children-Jurisdiction - Foreign court — Divorce
after service by publication - A foreign court, in divorce pro-
ceedings, on service by publication against a defendant in Ohio,
has no jurisdiction or control over defendant's children domi-
ciled in Ohio, and an award of the custody of the children by
such court is of no effect. Such court cannot acquire jurisdic-
tion over the children by their being temporarily in the state,
their domicile remaining in Ohio. Cohen v. Judge, 449.
2. Custody of children — Statutory jurisdiction — Insolvency court
of Hamilton county — In a habeas corpus proceeding to deter-
mine the jurisdiction of a foreign court, in divorce proceedings,
over children domiciled in Ohio, the insolvency court of Hamil-
ton county is without authority to award the custody of such
children. Ib.

3. Delay of decree until alimony secured - Section 11979-1, Gen-
eral Code Constitutional law - Payments for support of non-
resident child - Section 11979-1, General Code, providing that
when a husband is ordered to pay alimony or money for the sup-
port of a child the entering of a decree of divorce may be de-
layed until the husband secure the payment of said alimony or
money for the support of the child, is constitutional and valid,
and is applicable to a case where the husband is ordered to pay
for the support of a child domiciled in another state. State,
etc., v. Sherwood, 403.
Attorney and client - Contractual rights and relationship - Em-
ployment in alimony case terminates, when Client cannot re-
cover fees Paid to attorney upon employment - Action dis-
missed by adverse party. See Boldt v. Baker, 125.

"DOING BUSINESS" -

Construed Foreign corporations
Hurd v. Ransom & Co., 135.

Service of summons. See

Domestic Relations — Employe.

DOMESTIC RELATIONS-

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--

Criminal law - Malicious destruction of property — Marital rela-
tion no defense, when. See Shilling v. State, 376.
Custody of children - Jurisdiction - Foreign court-Divorce
after service by publication - Statutory jurisdiction - Insol-
vency court of Hamilton county. See Cohen v. Judge, 449.
Divorce and alimony - Delay of decree until alimony secured
Section 11979-1, General Code - Constitutional law - Payments
for support of non-resident child. See State, etc., v. Sherwood,
403.

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- Presence

Husband and wife-Grounds for abandoning home
of third parties - Liability to father-in-law for wife's support.
See Hardy v. Smith, 399.

DRUGS -

Regulation of sale of narcotics - Section 12672, General Code-
Constitutional law- Prescriptions in proper practice - Ques-
tion for jury. See Miller v. State, 171.

ELECTIONS-

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Candidate cannot withdraw withdrawal, when— A withdrawal of
candidacy if filed in proper time is recognized by statute, and
valid, but a withdrawal of such withdrawal of candidacy is not
so recognized and may be disregarded by the deputy state super-
visors of elections. Brower v. State, ex rel. Ritz, 259.

ELECTRIC RATES-

Municipal corporations - Authority to fix by ordinance - Section
614-44, General Code - Jurisdiction of public utilities commis-
sion-Ordinance authorizing contract for streets, etc. Speci-
fications of director of service include private consumers —
Right to increase rate. See Universal Mach. Co. v. Ohio No.
Pub. Serv. Co., 271.

Evidence Value of improvements separate from land- Testi-
mony of contractors and builders admissible, when - Schools.
See Linesch v. Board of Education, 161.

EMPLOYE

Construed-Workmen's compensation - Section 1465-61, General
Code- Member of partnership or firm not entitled to award,
when. See McMillen v. Industrial Commission, 310.

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Contract for services - Right to discharge when dissatisfied-
Evidence Good faith of employer. See Storrs-Schaefer Co.
V. Laws, 387.

EQUITY-

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Jurisdiction in injunction - Forcible entry and detainer-Land-
lord and tenant - Forfeiture for nonpayment - A court of
equity may relieve against the forfeiture of a lease for nonpay-
ment of rent when equity will be subserved thereby, and in
granting such relief may enjoin the issuance and service of a
writ of restitution in an action of forcible entry and detainer.
Tabor v. Bellman, 382.

EQUITY OF REDEMPTION-

Foreclosure - Parties - Rights of mortgagor - Title of pur-
chaser at sale. See McGowan v. Best, 77.

ERROR PROCEEDINGS-

Necessary parties and summons — -Non-resident next of kin -
Review of refusal to probate will - Next of kin, non-resident
in the state, are required to be made defendants in error and
served with summons, or publication made, in a proceeding in
error to reverse a judgment refusing to admit a will to probate,
notwithstanding the fact that notice to them of the hearing on
the application to probate the will is dispensed with by statute.
In re Will of Nozica, 480.

Bill of exceptions Correction by reviewing court. See Hawke
v. Roberts & Hall, 198.

Criminal law - Charge to jury-Review - Errors disregarded-
Proceedings as to major offense. See Nichols v. State, 424.
Evidence-Bill of exceptions - Rejected documents to be at-
tached, when. See Bandy v. State, 461.

Final order Sustaining motion to quash service of summons
Foreign corporations. See Hurd v. Ransom & Co., 135.

Habeas corpus - Court of appeals - Jurisdiction in error. See
Thomas v. Cowdrey, 59.

Weight of evidence - Jurisdiction to review after new trial
granted. See Storrs-Schaefer Co. v. Laws, 387.

Estates-Evidence.

ESTATES-

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Appointment of administrator by probate court - Common pleas
court-Appellate jurisdiction. See Luburg v. Luburg, 220.
Contracts - Oral agreement to compensate by will-Action
against administrator for services - Evidence - Conversations
with decedent inadmissible, when. See Southard, Admr., v. Cur-
son, 289.

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Exceptions to inventory in probate court – Reviewed by common
pleas court on appeal — Section 10640, General Code - Court
of appeals - Jurisdiction on appeal. See Estate of Chipman,
186.

Executors and administrators - Personal liability - Failure to pay
claims - Knowledge of existence Claim presented and pay-
ment promised. See Ziegler v. Curtis, 484.

Oral agreement to compensate by will-Action against adminis-
trator for services - Statute of limitations runs, when - Death
of promisor and administrator's appointment. See Southard v.
Curson, 289.

Trusts - Constructive, continuing and subsisting - Limitation of
actions - Sections 11222 and 11236, General Code, apply, when
Cause of action accrues, when - Recovery of unadministered
personalty, etc.- Who may maintain suit. See McCord v. Cent.
Tr. & S. D. Co., 26.

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Witnesses Competency of parties

Section 11495, General Code

Action against administrator - Children of decedent.

See

Walkey v. Loney, 393.

ESTOPPEL-

Limitation of assessment

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Street improvement - Effect of sign-
ing petition - Section 3836, General Code. See Wilder v. Cin-
cinnati, 453.

EVIDENCE-

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1. Negligence - Injuries necessitate operation — Statement of sur-
geons to patient — In an action for damages for personal injuries
due to defendant's negligence, in which plaintiff alleges that as a
result of the injury received she was compelled to and did
undergo an operation, it is error for the trial court to permit the
plaintiff to state to the jury what operation the doctors told her
they had to perform and what its effect would be. Cincinnati
Trac. Co. v. McKim, 108.

2. Negligence-Injuries necessitate operation—Exclamations or
opinion of pain and suffering — In such an action, a lay witness
may testify to exclamations of pain and suffering made by the
injured person in the presence of such witness, but he can not
give his opinion as to the suffering and injuries received by the
plaintiff. Ib.

3. Negligence-Expert testimony and hypothetical questions - A
witness called as an expert may answer hypothetical questions
when the questions embody a statement of facts that there is
some evidence in the record tending to establish, but in answer-
ing such questions he may not combine with statements of fact
in the record matters known to him personally and not testified
to. Ib.

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4. Scope of employment· Private instructions to chauffeur —
Negligence - In an action for damages for injuries alleged to
have been sustained by being struck by defendant's automobile,
driven by his chauffeur, evidence of private instructions given
by defendant to his chauffeur the day before the accident is ad-
missible for the purpose of showing the general scope of em-
ployment and whether the negligent act was committed while
the chauffeur was acting within the scope of his employment.
Rad, Jr., v. Gamble, 488.

5. Witnesses - Number may be limited, when - Exercise of judi-
cial discretion - The trial court may fix a reasonable limitation
on the number of witnesses to be examined on a given issue and
its action in that respect will not be reversed unless the record
shows the abuse of a sound judicial discretion. Borschewski v.
State, 362.

Admissibility and weight— Account stated

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Surety may disprove,

when. See Sturgell v. Grand Union Tea Co., 240.

Appropriation of property-Value of improvements separate
from land Testimony of contractors and builders admissible,
when - Schools. See Linesch v. Board of Education, 161.
Charge to jury-Erection of barrier by railway along road-
Error in charge - Who may complain. See Village of Struthers
v. Falabielo, 343.

Contracts - Oral agreement to compensate by will-Action
against administrator for services - Conversations with dece-
dent inadmissible, when. See Southard v. Curson, 289.