Assignment of counsel by court for
accused does not excuse abandonment
on day of trial by counsel retained. Ib.
Appeal and not mandamus lies to re-
view attempt by commissioners to di-
minish attorney's allowance in mur-
der cases. Long v. Miami Co. (Comrs.)

513
County commissioners have no dis-
cretion as to allowance to attorney for
defending certain indigent prisoners
further than ascertaining legality of
claim.
Ib.

23, 1878, mean family and heirs.
Knights Templar & M. M. Aid Assn. v.
Bleher.

BIAS OR PREJUDICE-

671

Proof of bias or prejudice not re-
quired where juror conceals former
service in same case. Bershiet v. Trac-
tion Co.
215
Inherent right of court to try con-
tempt not abridged by affidavit of prej-
udice filed. State v. Shay.

BILL OF EXCEPTIONS-

446

Mandamus will lie to compel judge
to assist in preparation of bill of excep-
tions. State v. Fiedler.
1
Trial judge must reasonably assist in
preparation of bill of exceptions. Ib.
A reviewing court will not attempt
to consider the weight of the evidence
in a prosecution before a mayor, when
the entire record thereof is not pre-
sented by the bill of exceptions. Schla-
gel v. State.

BILLS, NOTES AND CHECKS-

295

Failure to protest collateral note no
cause for vacation of judgment on
principal cognovit note. Schubert v.
Banking & Tr. Co.
398

Parol testimony not admissible to
vary terms of promissory note by show-
ing it to be a mere memorandum of an
advancement, when payee sues maker.
Hicks v. Hicks.
509

Question of whether new notes were
given in payment of old, or for renewal
is for the jury. Kleine v. Wehrmann.

562
Question is for the jury as to whether
surety promised to
pay notes, and
whether individually or in trust capac-
ity.

BONA FIDE PURCHASERS-

Ib.

Failure to file conditional contract of
lease of chattel property, postpones
lessor to bona fide mortgagee. Austin
v. Pettibone.

BONDS-

26

The provision in the Brannock local
option law that the election prayed for
in the petition shall be held within
thirty days after the filing of the peti-
tion, is mandatory and not merely di-
rectory, and an election held after the
expiration of thirty days from the fil-
ing of the petition therefor is null and
void.
212
Columbus v. Cole.
A petition for an election under the
Brannock law may be withdrawn,
amended, and refiled, and an election
held under such refiled petition is legal
and valid. In a contest of an election
held under such refiled petition it is
error to exclude testimony that 40 per
cent of the qualified electors of the dis-
trict involved consented to the refiling
of the amended petition. Columbus v.
Glackin.

BROKERS

229

be found therefrom, the court should
so instruct the jury and not leave to
them the question as to the existence
of such contributory negligence. Smith
43
v. Johnson.

Charge relating to contributory neg-
ligence properly refused where there
Ib.
is no evidence to show such.

Charge which leaves the question to
jury whether such facts existed as
would "excuse" plaintiff's negligence,
not erroneous. Breuer v. Frank. 231
Portion of charge to jury to be con-
strued in connection with remainder.

Ib.

Refusal of request for charge insuf-
ficiently explained, not erroneous. Ib.
A charge is erroneous, which implies
that, as a matter of law, an elevator
is a place of danger in which a passen-
ger is charged with unusual care. Ib.

Charge that defendant in negligence
suit was bound to degree of care a
"prudent" man would exercise not er-
Cincinnati Trac. Co. v. Bar-

roneous.

pany does not impair obligation of con-
tract. Central Ohio Nat. Gas & Fuel
Co. v. Columbus.

359

Imprisonment clause of Valentine
antitrust law, not unconstitutional.
State v. Ice Co.

735

Act of April 10, 1900 (94 O. L. 119),
applying to certain cities only, uncon-
stitutional. State v. Mt. Vernon. 751

Is injury to access to lot by railroad
crossing street taking of property.
quaere. Railway v. Railway.

777

Does Rev. Stat. 3283 (Lan. 5239) em-
brace all injuries to property incident
to the use of a public way by railroad
or only those covered by the constitu-
tion, quaere.
Ib.

CONTEMPT-

A witness will be discharged from
custody when arrested during the tak-
ing of his deposition for refusing to
answer questions which call for hear-
say testimony. Schoepf, Ex parte. 17

Inducing nonunion labor to quit work
by promises of other employment, etc.,
violates injunction forbidding unlawful
persuasion, etc., of employes to such
end. Greenwald Co. v. Molders Union.
198

Contempt proceeding will not lie
against treasurer for funds by receiver
of corporation where treasurer denies
possession thereof. State v. Christy.

277

Inherent right of court to try con-
tempt not abridged by affidavit of
prejudice filed. State v. Shay.
446

An attorney who disregards an order
of court upon the ground that it was
not technically correct in its terms, is
guilty of contempt.
Ib.

Abandonment of case by attorney for
refusal of client to pay fee, is misbe-
havior amounting to contempt.
Ib.

Contempt of grand jury is contempt
of court. Charges against grand jury
may be contemptuous although based
on past acts. Statement that no con-
tempt was intended is of no avail if
article is contemptuous per se. State
v. Ellsperman.
590

Question on review of contempt pro-
ceedings against strikers. Iron Molders
Union v. Greenwald.
678

Charges in contempt are quasi crim-
inal and must be strictly construed. Ib.
CONTRACTS-

The clause in a contract between
county officials and a tax inquisitor
which authorizes the latter to empower
the auditor to compel the examination
of property owners as to the sufficiency
of their returns, does not render the
whole contract void. Gilbert v. Thomas.

9

Contract with tax inquisitor not void
because real estate included.
Ib.

Failure to file conditional contract of
lease of chattel property, postpones les-
sor to bona fide mortgage. Austin v.
Pettibone.

26
Failure to file conditional contract of
lease of chattel property, postpones les-
sor to bona fide mortgagee.
Ib.
to

Refusal of assignor of contract
permit assignee to perform is no
breach. Kineon v. Rogers.
31

Infants cannot be made liable on
contract not for necessaries by chang-
ing form of action to one ex delicto.
Mulholland v. Berlinsky..
183

One is competent to contract if he
has sufficient intelligence to understand
the transaction, and extreme age, sick-
ness, etc., will affect his responsibility.
Plageman v. Stroppel.

190

Judgment against legal and equitable
owners of stock creates a joint liabil-
ity, not a relation of principal and
surety. Biggio v. Sandheger.
285

Petition alleging refusal of corpora-
tion to permit stockholder to examine
books, etc., states cause of action. Ken-
non v. Trust Co.
339

A mere contract creditor of a cor-
poration will not be heard to ask for
equitable relief such as the appoint-
ment of a receiver to proceed against
stockholders for their unpaid stock
subscriptions, until he has reduced his
claim to judgment and execution has
been returned unsatisfied. American
Fruit & Sav. Co. v. Dox.
501

Insolvency of a corporation alone, is
not ground for appointment of receiver.
Ib.

Equity has no jurisdiction over for-
eign corporation when res is beyond its
jurisdiction.
Ib.

Service of foreign corporation must
be under favor of Rev. Stat. 5043 (Lan.
8558). Is defective unless it appear
that officer served is manager. Goode
v. Druggists Assn.
586

Power of foreign mutual casualty as-
sociations. Stone v. Traction Co. 645
Bondholder must show insolvency of
constituent company which issued the
bonds. Harris v. Railway.
653
The exception to the general rule
for the enforcement by a creditor of
stockholders' liability, viz., that the
claim need not be reduced to judgment
and execution returned nulla bona when
the corporation has become insolvent
and is in legal process of dissolution.
does not apply to cases where the cor-
poration is simply insolvent or where
a receiver has been appointed unless