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L. P. HAZEN & CO. v. BROWN & KETCH-| AM IRON CO. (No. 11,139.) (Supreme Court of Ohio. Nov. 9, 1909.) Error to Circuit Court, Hamilton County. Raymond Ratliff, for plaintiff in error. Cobb, Howard & Bailey, for defendant in error.

PER CURIAM. Judgment affirmed, on authority of William Edwards Co. v. Goldstein, 80 Ohio St. 303, 88 N. E. 877.

CREW, C. J., and SUMMERS, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

LUCAS COUNTY v. BOARD OF TRUSTEES OF CONGRESS TP., MORROW COUNTY. (No. 11,113.) (Supreme Court of Ohio. Oct. 26, 1909.) Error to Circuit Court, Lucas County. Lyman W. Wachenheimer and Roy R. Stuart, for plaintiff in error. J. W.

Judgment affirmed.

McCOY v. LYDY et al. (No. 11,202.)_(Supreme Court of Ohio. Jan. 25, 1910.) Error to Circuit Court, Fayette County. Joseph H. Harper, F. A. Chaffin, and Post & Reid, for plaintiff in error. John Logan and Mills Gardner, for defendants in error.

PER CURIAM. Judgment affirmed.
CREW, SPEAR, and SHAUCK, JJ., concur.

Dec.

MCELROY v. PENNSYLVANIA CO. et al. (No. 11,439.) (Supreme Court of Ohio. 23, 1909.) Error to Circuit Court, Jefferson County. P. P. Lewis, for plaintiff in error. Carey & Mullins, for defendants in error. PER CURIAM. Judgment affirmed. SHAUCK, and PRICE, JJ., concur. CREW, C. J., and SUMMERS, DAVIS,

MCGINNISS et al. v. DICKSON. (No. 11,300.) (Supreme Court of Ohio. Nov. 23. 1909.) Error to Circuit Court, Crawford County. S. L. Americus, for plaintiffs in error. B. T. Long, for defendant in error.

PER CURIAM. Judgment affirmed.
DAVIS, SHAUCK, and PRICE, JJ., concur.

MCKINLEY et al. v. STATE ex rel. WEBBER, Pros. Atty. (No. 11,335.) (Supreme Court of Ohio. Nov. 30, 1909.) Error to Circuit Court, Franklin County. J. H. Dyer and

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error. Dan Babst and Cummings, McBride & Wolfe, for defendant in error.

PER CURIAM. Judgment affirmed. CREW, C. J., and SUMMERS, SPEAR, DAVIS, and SHAUCK, JJ., concur.

MATHIAS v. ARNOLDI. (No. 11,062.) (Supreme Court of Ohio. Oct. 19, 1909.) Error to Moore, for plaintiff in error. Bailey & Leasure Circuit Court, Putnam County. Watts & and Straman & Straman, for defendant in

error.

PER CURIAM. Judgment affirmed. SUMMERS, SPEAR, and SHAUCK, JJ.,

concur.

MEEK v. McGORRAY, Sheriff. (No. 11,460.) (Supreme Court of Ohio. Jan. 11, 1910.) Error to Circuit Court. Cuyahoga County. Miller & Linder, for plaintiff in error. I. Grohs and William E. Gunn, for defendant in error. PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW. and PRICE, JJ., concur.

MERCER v. WHITE et al. (No. 11,000.) (Supreme Court of Ohio. Nov. 30, 1909.) Error to Circuit Court, Columbiana County. George D. Ingram and Charles Boyd, for plaintiff in error. C. S. Speaker, F. E. Grosshans, and George T. Farrell, for defendants in error. PER CURIAM. Judgment affirmed. CREW, C. J., and SUMMERS, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

MIDLAND CO. v. BUELL. (No. 11,055.) (Supreme Court of Ohio. Nov. 9. 1909.) Error to Circuit Court, Washington County, J. A. Gallaher, for plaintiff in error. Rufus A. Underwood, for defendant in error. PER CURIAM. Judgment affirmed. SUMMERS, DAVIS, and PRICE, JJ., con

cur.

MILBURN WAGON CO. v. GAWRONSKI. (No. 11,528.) (Supreme Court of Ohio. Feb. 8, 1910.) Error to Circuit Court, Lucas County. Smith & Baker, for plaintiff in error. C. A. Thatcher, for defendant in error. PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW and PRICE, JJ., concur.

MILLS et al. v. FRY. (No. 11.345.) (Supreme Court of Ohio. Nov. 30, 1909.) Error to Circuit Court, Vinton County. C. V. Wright and O. W. H. Wright, for plaintiffs in error. Henry W. Coultrap, for defendant in error.

PER CURIAM. Judgment affirmed, on authority of Martin, Adm'r. v. Jones et al., 62 Ohio St. 519, 57 N. E. 238.

CREW, C. J.. and SUMMERS, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

MILNER v. MILNER et al. (No. 11.191.) (Supreme Court of Ohio. Nov. 9, 1909.) Error to Circuit Court, Highland County. Henry M. Huggins, for plaintiff in error. Steele & Sams, for defendants in error.

PER CURIAM. Judgment affirmed. CREW, C. J., and SUMMERS, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

MOSER v. B. S. PORTER & SON. (No. 11,091.) (Supreme Court of Ohio. Oct. 19,

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MURRAY v. MAHAN et al. (No. 11,597.) (Supreme Court of Ohio. Feb. 15, 1910.) ror to Circuit Court, Trumbull County. Warren Thomas, for plaintiff in error. A. E. Wonders, for defendants in error.

PER CURIAM. 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 transcript 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. 11,598 infra. 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.. and CREW, SPEAR, DAVIS, and SHAUCK, JJ., concur.

MURRAY v. MAHAN et al. (No. 11,598.) (Supreme Court of Ohio. Feb. 15, 1910.) Error to Circuit Court, Trumbull County. Warren Thomas, for plaintiff in error. A. E. Wonders, for defendants in error.

PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW, SPEAR, DAVIS, and SHAUCK, JJ., concur.

MYERS v. SAMUELS et al. (No. 11,025.) (Supreme Court of Ohio. Dec. 21, 1909.) Error to Circuit Court, Cuyahoga County. Squire, Sanders & Dempsey, Amos Burt Thompson, and White, Johnson, McCaslin & Cannon, for plaintiff in error. Allan T. Brinsmade, Aaron Hahn, and Herman Preusser, for defendants in error. PER CURIAM. Judgment affirmed.

CREW, C. J., and SUMMERS and PRICE, JJ., concur.

NATIONAL CITY BANK OF CLEVE LAND v. SUTLIFF & GOTT. (No. 11.212.) (Supreme Court of Ohio. Feb. 1, 1910.) Error to Circuit Court, Cuyahoga County. Squire, Sanders & Dempsey, for plaintiff in error. Miller & Linder, for defendants in error. PER CURIAM. Judgment affirmed. SUMMERS, C. J., and DAVIS and PRICE, JJ., concur.

NEUZEL V. VILLAGE OF COLLEGE HILL et al. (No. 11,285.) (Supreme Court of Ohio. Feb. 23, 1910.) Error to Circuit Court, Hamilton County. A. L. Herrlinger, Constant Southworth, and Edward T. Dixon, for plaintiff in error. C. Hammond Avery, for defendants

in error.

PER CURIAM. Judgment affirmed. Grounds stated in journal entry. It is ordered and adjudged by this court that the judgment of the said circuit court be, and the same is hereby, affirmed. An order granting a motion for a new trial on the ground that the verdict is not sustained by the evidence, made in an appropriation proceeding by a municipal corporation, is not an order affecting a substantial right, for the reversal of which a petition in error can be prosecuted before the final disposition of the case. Conord v. Runnels, 23 Ohio St. 601, followed.

SUMMERS, C. J., and DAVIS and PRICE, JJ., concur.

NEWMAN MFG. CO. v. FISLER. (No. 11,063.) (Supreme Court of Ohio. Oct. 19, 1909.) Error to Circuit Court, Hamilton County. Bates & Meyer, for plaintiff in error. A. J. Cunningham, Jr., and Starbuck Smith, for defendant in error.

stated in journal entry. It is ordered and adPER CURIAM. Judgment reversed. Grounds judged by this court that the judgment of the said circuit court be and the same is reversed, for the reason that the trial court erred in the charge to the jury as follows: "The defendant claims that all the services were rendered by the plaintiff in pursuance of the agreement by which of his duties in consideration of the agreement; the plaintiff was to render such services as part that is, that the plaintiff was to sell on commishe was by such agreement not to be entitled to sion the electric signs of the defendant, and that any compensation except such commission as he fendant to establish such agreement, if made, might earn. The burden of proof is on the deand the terms of such agreement"-the said instructions to the jury as to the burden of proof Simmons v. Green, 35 Ohio St. 104, and in List being contrary to the rulings of this court in & Son Co. v. Chase, 80 Ohio St. 42, 88 N. E. 120. And, this court proceeding to render the judgment which the said circuit court should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be and is hereby reversed, and that the said cause be remanded to the court of common pleas of Hamilton county for a new trial according to law in conformity with this decision.

CREW. C. J., and SPEAR, DAVIS, and SHAUCK, JJ., concur.

NOBLE, Auditor, v. STATE ex rel. SLABAUGH et al. (No. 12, 128.) (Supreme Court of Ohio. Jan. 18, 1910.) Error to Circuit Court, Franklin County. Marshall & Weinland, for plaintiff in error. Williams, Williams, Taylor & Nash and Herbert M. Myers, for defendant in error.

PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW, DAVIS, SHAUCK, and PRICE, JJ., concur.

NORTHERN OHIO TRACTION & LIGHT CO. v. FRANTZ. (No. 11,100.) (Supreme Court of Ohio. Oct. 26, 1909.) Error to Circuit Court, Summit County. Rogers, Rowley & Rockwell, for plaintiff in error. Skiles, Green & Skiles and W. R. Talbot, for defendant in error. PER CURIAM. Judgment affirmed.

County. Klein & Harris, for plaintiff in error.
Miller & Linder, for defendants in error.

PER CURIAM. Judgment affirmed.
DAVIS, and PRICE, JJ., concur.
SUMMERS, C. J., and CREW, SPEAR,

PARKS et al. v. FENTON et al. (No. 11,Error to Circuit Court, Trumbull County. Wil616.) (Supreme Court of Ohio. Feb. 23, 1910.) liam A. Spill, for plaintiffs in error. Charles Fillius and Ward Sager, for defendants in error. PER CURIAM. Judgment affirmed.

CREW, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

PATCHELL v. BOARD OF COM'RS OF CLERMONT COUNTY et al. (No. 11,076.)

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CREW, C. J., and SUMMERS, SPEAR, DA (Supreme Court of Ohio. Oct. 12, 1909.) ror to Circuit Court, Clermont County. NichVIS, and SHAUCK, JJ., concur. ols & Nichols, for plaintiff in error. C. C. Kearns, Pros. Atty., and Eli H. Speidel, for defendants in error.

NORTHERN OHIO TRACTION & LIGHT CO. v. VILLAGE OF KENT. (No. 11,098.) (Supreme Court of Ohio. Oct. 5, 1909.) Error to Circuit Court, Portage County. Rogers, Rowley & Rockwell and A. S. Cole, for plaintiff in error. C. H. Curtiss, for defendant in error. PER CURIAM. Judgment affirmed. CREW, C. J., and SPEAR and SHAUCK, JJ., concur.

NORTHERN OHIO TRACTION & LIGHT CO. v. YESTERAMSKI. (No. 11,828.) Supreme Court of Ohio. Oct. 12, 1909.) Error to Circuit Court, Portage County. Rogers, Rowley & Rockwell and A. S. Cole, for plaintiff in error. J. J. McCormick and W. J. Beckley, for defendant in error.

PER CURIAM. Judgment affirmed.
SUMMERS, DAVIS, and PRICE, JJ., con-

cur.

PATTERSON et al. v. HARVEY. (No 11,

516.) (Supreme Court of Ohio. Feb. 8. 1910.)
Error to Circuit Court, Pike County. Eylar &
Douglas, for plaintiffs in error. Dougherty &
Moore, for defendant in error.

PER CURIAM. Judgment affirmed.
SUMMERS, C. J., and CREW, SPEAR, DA-
VIS, and PRICE, JJ., concur.

PENNSYLVANIA CO. v. DAY et al. (No. 11.541.) (Supreme Court of Ohio. Oct. 5, 1909.) Error to Circuit Court, Seneca County. Marshall & Fraser and Royer & Spitler, for

PER CURIAM. Judgment affirmed.
CREW, C. J., and SUMMERS, SPEAR, DA- plaintiff in error. Dore & Dore, for defendants
VIS, and SHAUCK, JJ., concur.

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OREWILER v. OBERLANDER. (No. 11. 001.) (Supreme Court of Ohio. Oct. 12, 1909.) Error to Circuit Court, Wyandot County. Meck & Stalter and Thomas Beer, for plaintiff in error. Carter & Goodrich, for defendant in error. PER CURIAM. Judgment affirmed. SUMMERS, DAVIS, and PRICE, JJ., con

cur.

in error.

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PHELPS et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND. (No. 11.475.) (Supreme Court of Ohio. Jan. 18, 1910.) Error to Circuit Court, Hancock County. George H. Phelps and William L. David, for plaintiffs in error. Burket & Burket, for defendant in error.

PABST BREWING CO. v. PELTZ et al.
(No. 11.288.) (Supreme Court of Ohio. Feb.
15, 1910.) Error to Circuit Court, Cuyahoga | and PRICE, JJ., concur.

PER CURIAM. Judgment affirmed.
SUMMERS, C. J., and DAVIS, SHAUCK,

PHOENIX INS. CO. v. PETRIE. (No. 11,396.) (Supreme Court of Ohio. Dec. 14, 1909.) Error to Circuit Court, Mercer County. D. W. Bowman, for plaintiff in error. Ford & Raudabaugh, for defendant in error.

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P. SMITH SONS LUMBER CO. v. KENNARD et al. (No. 11,346.) (Supreme Court of Ohio. Dec. 21, 1909.) Error to Circuit Court, Morgan County. Kibler & Montgomery and Ivers & Danford, for plaintiff in error. Charles H. Fouts and L. J. Weber, for defendants in

PER CURIAM. Judgment affirmed.
CREW, C. J., and SUMMERS, SPEAR, and error.
PRICE, JJ., concur.

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PER CURIAM. Judgment affirmed.
CREW, C. J., and SPEAR and DAVIS, JJ.,

concur.

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PER CURIAM. Judgment affirmed. SUMMERS, C. J., and CREW and DAVIS, JJ., concur.

RIDGWAY v. STATE. (No. 11,841.) (Su-
preme Court of Ohio. Feb. 15, 1910.) Error
to Circuit Court, Greene County. H. C. Arm-
strong and Fitzgerald & Spriggs, for plaintiff
in error. William F. Orr, Pros. Atty., G. W.
the State.
Crabbe, W. B. Wheeler, and J. A. White, for

PER CURIAM. Judgment affirmed.
SUMMERS, C. J., and CREW, SPEAR,

POWERS et al. v. MOODEY et al. (No. DAVIS, SHAUCK, and PRICE, JJ., concur. 11,012.) (Supreme Court of Ohio. Dec. 14, 1909.) Error to Circuit Court, Lake County. Thomas O'Connor and Kline, Tolles & Goff, for plaintiffs in error. George W. Alvord and F. J. Jerome, for defendants in error.

PER CURIAM. Judgment affirmed.
CREW, C. J., and SUMMERS and PRICE,
JJ., concur.

PRICE et al. v. BROOKER. (Supreme Court of Ohio. Dec. 7, 1909.) Error (No. 11,369.) to Circuit Court, Hocking County. Wright, John C. Pettit, and Harley M. WhitO. W. H. croft, for plaintiffs in error. Edwin D. Ricketts and C. V. Wright, for defendant in error.

PER CURIAM. Judgment vacated, and cause remanded to the circuit court, with instructions to consider and pass upon all the errors assigned.

CREW, C. J., and SUMMERS, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur. 91 N.E.-72

RIDINGS v. CHANEY et al. (Supreme Court of Ohio. Feb. 1, 1910.) Error (No. 11,058.) to Circuit Court, Clermont County. Davis & Davis, W. F. Roudebush, and W. A. Roudebush, Frazier & Hicks, for defendants in error. for plaintiff in error. Hayes & Swain and PER CURIAM. Judgment affirmed. CREW, SPEAR, DAVIS, SHAUCK, and PRICE, JJ., concur.

RISIDEN v. RAU. (No. 11,421.) (Supreme Court of Ohio. Dec. 21, 1909.) Error to Circuit Court, Hamilton County. Stanley Matthews and Burch, Peters & Matthews, for plaintiff in ser, for defendant in error. error. Cormany & Cormany and John J. Gas

PER CURIAM. Judgment reversed, the orfinal order, within the meaning of section 6707, der to which error was prosecuted not being a Rev. St., and this cause is remanded to the

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