Evidence-False Pretenses.
in mind when it passed the act. Reid
v. Muhlenberg Tp. (Bd. of Ed.).
414
When, at the close of plaintiff's evi-
dence, defendant moves the court to
direct a verdict, it is the right and duty
of the judge to weigh the evidence, in
order to determine its probative force
and effect. If the probative effect of
the evidence be such that reasonable
minds might reach different conclu-
sions from it, the motion should be re-
fused. But if the only rational view
of the evidence is, that it has not
proved anything-if fairminded men
could not differ about it-the motion
should be granted. Quay v. Quay.
There is no place in our jurisdiction
for the scintilla rule, as that rule is
commonly understood and generally ap-
plied.
Ib.
Hypothetical questions from which
facts omitted may be assumed, held
not improper. McLean v. Cincinnati.
FALSE PRETENSES-
A representation as to the value of
merchandise, which amounts merely to
an expression of opinion, however false
an indictable
and fraudulent, is not
528
false pretensa. Doe v. State.
County officer may receive compensa-
tion provided by statute taking place of
act providing salaries which was held
unconstitutional. State v. Carlisle. 263
Compensation of county commission-
ers provided by Rev. Stat. 897 (Lan.
2166) not a salary within constitutional
inhibition.
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.
GUARDIAN AND WARD-
Jurisdiction to appoint guardian con-
trolled by domicile of infant. Murray,
In re.
612
HABEAS CORPUS-
Burden of proof in habeas corpus, on
sheriff, to show that question asked
committed witness would not have in-
criminated him. Lowe, Ex parte. 254
At the hearing of a writ of habeas
corpus, testimony may be introduced
by the petitioner showing that the
question asked by the notary was
either irrelevant or privileged, the lat-
ter under the Ohio rule not being com-
petent to pass thereon. Goode, In re.
HUSBAND AND WIFE-
Husband agreeing to allow wife to
obtain divorce has no action against
those carrying out such agreement. Mc-
Bride v. Gould.
241
Defendant executing agreement in re-
straint of trade on behalf of wife, but
concealing the agency, bound thereby.
Anderson v. Joyce.
320
Husband and Wife-Insolvent Debtors.
An agreement of separation in which
the husband, age thirty-four, having
$3,000 in property, afflicted with bodily
infirmities, promises to pay his wife,
age nineteen, $75 in hand and $50 at the
end of each year, held fair and equita-
466
ble. Knese v. Hake.
A widow is entitled to have an al-
lowance for a year's support notwith-
standing a prior agreement of separa-
tion upon consideration.
Infant not liable on contract by mere-
ly changing form of action to one
delicto. Mulholland v. Berlinsky.
Infancy a complete defense in action
Ib.
on contract not for necessaries.
Domicile of minor controlled by domi-
612
cile of parent. Murray, In re.
Where the father who is the last sur-
viving parent of a minor, dies while
domiciled with the father's parents, and
the minor continues, for a time after
the death of the father, to reside with
the grandfather, the minor is a "res-
ident"
which the
of the county in
the
grandfather is domiciled, within
meaning of Rev. Stat. 6254 (Lan. 9795).
Ib.
"Resident" as used in Rev. Stat. 6254
(Lan. 9795) means "domicile."
Jurisdiction to appoint guardian con-
trolled by domicile of infant.
Writs of habeas corpus, petitions in
error and suits against officials and
their bondsmen for damages afford am-
ple remedy to persons injured by un-
lawful arrest or seizure of property. A
court of equity is not warranted in in-
terfering by injunction to prevent crim-
inal proceedings merely because offi-
cials are insolvent, nor because the
property in issue is of great value. Ib.
An electric light company having
contracted by ordinance to "furnish
light" to a municipality will be deemed
to have agreed to have furnished the
lamps and injunction will lie to re-
strain the company from making addi-
tional charges for the lamps. Newark
v. Light & P. Co.
669
Discretion in selling municipal bonds
at private sale will not be interfered
with except on strong showing of fraud
or bad faith. Vadakin v. Crilly. 719
Withdrawal of bids on municipal
bonds on injunction restraining sale
does rescind all prior acts authorizing
the issue.
Injunction does not lie for injuries
shared in common by all abutting own-
ers on a street. Smedes v. Railway.
743
Railroad in streets operating as pub-
lic nuisance may be enjoined by one
specially injured. Louisville & N. Ry.
777
v. Railway.
INSANE PERSONS-
If insanity an issue upon a contract,
burden of proving its relation to the
contract is upon the one making the
allegation. Plageman v. Stroppel. 190
Insolvency of a corporation alone,
is not ground for appointment of re-
ceiver. American Fruit & S. Co. v.
Dox.
501
Revised Statutes 5045 (Lan. 8560), au-
thorizes service by publication in action
INTEREST AND USURY-
Postponement of payment of sum in
dispute by all interested parties bars
recovery of interest by the successful
claimant. Taylor v. Duhme.
567
Depositaries required to pay over in-
terest received on public funds unlaw-
fully deposited. Restoration suit
brought by prosecuting attorney. State
v. Banks.
Statutory requirements relative to in-
terrogatories not unconstitutional.
Kleimeyer v. Payne.
289
Special interrogatories embodying ev-
idential facts not allowed. Hay v.
Bank & Tr. Co.
A loaded car engaged in the transac-
tion of interstate commerce is not the
subject of levy and attachment in this
state. Buckeye Buggy Co. v. Railway.
279
INTERURBAN RAILWAYS-
See Street Railways.
INTOXICATING LIQUORS-
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. 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 refil-
ing of the amended petition. Colum-
bus v. Glackin.
229
The effect of the proviso in the
Sunday closing law (Rev. Stat. 4364-20;
Lan. 7259), is merely to except certain
specified persons from the operation of
the general prohibitory words of the
statute, and a negative averment in
the indictment that the accused did not
come within the exception is therefore
unnecessary. Schlagel v. State. 295
An affidavit for arrest for the viola-
tion of Rev. Stat. 4364-20 (Lan. 7259),
which charges the defendant with keep-
ing a place open on Sunday, "where
intoxicating liquors are on other days
of the week exposed for sale and sold,"
is sufficient on which to base a convic-
tion.
Ib.
A mayor has final jurisdiction to try
a prosecution, under Rev. Stat. 4364-20
(Lan. 7259), for a violation of the Sun-
day closing law, this being a misde-
Intoxicating Liquors-Labor Unions.
meanor not necessarily triable before
a jury.
One accused of violation of Sunday
closing law not entitled to jury trial. Ib.
Writs of habeas corpus, petitions in
error and suits against officials and
their bondsmen for damages afford am-
ple remedy to persons injured by un-
lawful arrest or seizure of property. A
court of equity is not warranted in in-
terfering by injunction to prevent crim-
inal proceedings merely because off-
cials are insolvent, nor because the
property in issue is of great value.
623
Schmidt v. Brennan.
Search and seizure of property under
Jones law, not enjoinable.
Ib.
In a statutory action for the vacation
of a judgment, the plaintiff will not
be allowed to show, as a cause for va-
cating the judgment, that his home-
stead may be sold at a forced sale. Ib.
Amendment of pleading to confess
partial judgment not allowable after
submission of agreed statement of facts.
553
Hynicka v. Insurance Co.
Judgment on special verdict must be
based on determinative facts. Ginn v.
v. Myrick.
558
JUDICIAL NOTICE-
See Evidence.
JURISDICTION-
See Courts.
Where the evidence in a case is
such that no contributory negligence
should be found therefrom the court
should so instruct the jury and not
leave to them the question as to the
existence of such contributory negli-
gence.
43
Smith v. Johnson.
Proof of bias or prejudice not re-
quired where juror conceals former
service in same case. Bershiet v. Trac-
tion Co.
215
Counsel is not required to search the
records to ascertain if juror has served
before in same case where such fact
concealed on voir dire.
Ib.
Concealment of juror that he served
in same case before is ground for new
trial.
Ib.
One accused of violation of Sunday
closing law not entitled to jury trial.
Schlagel v. State.
|