Public utility abandoning and removing its equipment from
streets and alleys cannot return and repossess same without
consent of municipality. See Lighting Co. v. Upper Sandusky,
428.
Issue of abuse of discretion or fraudulent conduct by state
armory board not tendered by averment that armory plans
include an auditorium, when. See State, ex rel., v. Turner,
379.
1. Damages for wrongful death-Right of adopting parents—
Sections 8029, 8030 and 10772, General Code-35 U. S. Stats.
at Large, 65-Under the federal statute for the recovery of
damages for wrongful death by personal representatives, and
also the Ohio statute to the same effect, the words "parents"
and "children" are used without limit or qualification, and in-
clude adopting parents and adopted children as well as natural
parents and natural children. Ransom v. N. Y., C. & St. L.
Ry. Co., 223.
2. Rule of statutory construction—In applying these statutes the
courts should give effect to the sound and wholesome humani-
tarian policies designed to be promoted by their enactment. Ib.
Sections 11241 and 11261, General Code, relating to parties and
substitution, applied where surety reimburses estate and is
substituted and subrogated to rights of trustee suing bank
purchasing trust bonds-Statute of limitations (Section 11222,
General Code). See Bank v. Bonding Co., 362.
Title of state to armory site cannot be questioned by taxpayer
after property conveyed by city, when. See State, ex rel., v.
Turner, 379.
1. Enrolled bill may be impeached, when-Legislative journals
conclusive evidence, when—A duly enrolled bill, although pub-
licly signed by the presiding officer of each house, in the pres-
ence of the house over which he presides, while the same was
in session and capable of doing business, and afterward ap-
proved by the governor and filed by him with the secretary
of state, may be impeached on the ground that it has not re-
ceived a constitutional majority of the members-elect of both
branches of the general assembly, and upon this question the
legislative journals must provide the appropriate as well as the
conclusive evidence. Ritzman v. Campbell et al., 246.
2. Effect of attestation by presiding officers-Such enrolled bill,
so authenticated, is conclusive upon the courts as to the con-
tents thereof, since the attestation of the presiding officers of
the general assembly is a solemn declaration of a coordinate
branch of the state government that the bill as enrolled was
duly enacted by the legislature. Ib.
All laws, except for tax levies, appropriations and emergency
measures, go into effect 90 days after filing with secretary of
state, regardless of date of approval by governor. See State
v. Lathrop, 79.
ADMINISTRATORS AND EXECUTORS-
Representatives of adopting parents and adopted child can re-
cover damages for wrongful death, under Section 10772, Gen-
eral Code, and 35 U. S. Stats. at Large, 65. See Ransom v.
N. Y., C. & St. L. Ry. Co., 223.
Foreign consuls not entitled to prior, paramount and exclusive
right of administration of estates of intestate aliens, but are
eligible under Section 10617, General Code. See Pagano,
Admr., v. Cerri, 345.
Representatives of child adopted under Sections 8029 and 8030,
General Code, may maintain action for wrongful death, when.
See Ransom v. N. Y., C. & St. L. Ry. Co., 223.
Foreign consuls not entitled to prior, paramount and exclusive
right of administration of estates of intestate aliens, but are
eligible under Section 10617, General Code. See Pagano,
Admr., v. Cerri, 345.
Alimony - Appeal and Error.
Jurisdiction of courts of appeals in alimony cases must be chal-
lenged before decree entered, when. See Cadwell v. Cadwell,
23, and Barner v. Barner, 477.
AMENDMENTS TO CONSTITUTION—
Who to prepare and file argument or explanation against consti-
tutional amendment-Duty of secretary of state under Section
1g, Article 2, Constitution, 1912-Implied powers and authority
-Section 5018-1 et seq., General Code (103 O. L., 831), relat-
ing to publicity pamphlets, construed. See State, ex rel., v.
Hildebrant, 1.
Facts relied upon to sustain finding by court of appeals cannot
be incorporated in answer to petition in error, when. See
Haley v. Hanna et al., 49.
Legal existence of corporation and that it is attempting to
secure right of way for another company as defense to appro-
priation proceedings. See Cemetery Assn. v. Traction Co., 161.
Not error to sustain motion to strike from answer averments of
prior adjudication, where demurrer to petition overruled on
ground that action not barred, when. See Hutton et al. v.
Curry, 341.
Jurisdiction of common pleas and supreme court, under Sections
1465-90 and 871-38, General Code (103 O. L., 88, 107), in
error proceedings from award by industrial commission. See
Gatton v. Industrial Comm., 203.
Jurisdiction of courts of appeals in alimony cases must be chal-
lenged before decree entered, when. See Cadwell v. Cadwell,
23, and Barner v. Barner, 477.
Appeal may be taken from order granting injunction, ordering
accounting and appointing referee, when. See State, ex rel., v.
Meals, 391.
Courts of appeals may dismiss appeal for want of jurisdiction,
after case submitted on merits. See State, ex rel., v. Prestien,
APPEAL AND ERROR- Continued.
Partition cases may be appealed to courts of appeals, under Sec-
tion 6, Article 4, Constitution, 1912-Section 12224, General
Code, vesting appellate jurisdiction, unconstitutional and void.
See Wagner v. Armstrong, 443.
Finding of conflict of judgments of courts of appeals, under
Section 6, Article 4, Constitution, 1912, may be made after
term-Jurisdiction of supreme court must be invoked within 70
days, when-Judges to enter judgment and finding of conflict,
when. See Crawford v. Weidemeyer, 461.
Failure to advise court of defective service of summons does not
constitute waiver, although defendant had knowledge of pro-
ceedings and pleadings filed in his name, when. See Haley v.
Hanna et al., 49.
Statutes granting power of eminent domain to be strictly con-
strued-Proof prerequisite to appropriation of land, and de-
termination of questions is jurisdictional, under Section 11046,
General Code-Requirements of Section 8632 et seq., as to in-
corporation, mandatory-“Dummy" corporation cannot act for
another company, under Section 8759, General Code. See
Cemetery Assn. v. Traction Co., 161.
Constitutionality of Sections 6540 to 6551, General Code, waived
by submitting to arbitration a disagreement over apportionment
of costs of joint county ditch. See Commissioners v. Com-
missioners, 37.
1. State estopped to question constitutionality of law-After
execution of contract, delivery of deed for site and payment of
money-Where the state has entered into a contract to build an
armory building in a city, upon the conditions that a site be
provided and that $50,000 in money be contributed by the citi-
zens to the cost of construction, and the city, in pursuance of
such contract, has executed and delivered a deed for such site
to the state and the same has been accepted by the state armory
board and placed of record, and the citizens have paid $50,000
in money to the credit of the adjutant general of the state, to
be expended in the construction of an armory building as
agreed upon, the state is estopped to question the constitution-
ality of the law authorizing the city to make such conveyance.
(Tone v. Columbus, 39 Ohio St., 281, approved and followed.)
State, ex rel., v. Turner, 379.
2. Taxpayer cannot question title of state, when-Where a tax-
payer has not timely intervened to prevent a city from con-
veying title to property for an armory site to the state, and
the deed has been actually executed and delivered by the city
and accepted by the state, neither party to the transaction can
question the title of the state to the property so conveyed.
(Markley v. Village of Mineral City, 58 Ohio St., 430; para-
graph 3 of syllabus approved and followed.) Ib.
3. Authority of state armory board-To adopt plans for building
-The state armory board is authorized by the statutes of this
state to adopt such plans for the construction of an armory
building as will in its judgment meet the needs of the organized
militia of the state in the locality in which such building is to
be constructed. In the absence of fraud or abuse of discretion,
the judgment of the state armory board is final upon this sub-
ject and cannot be reviewed by the courts. Ib.
4. Abuse of discretion or fraudulent conduct-Issue not ten-
dered by pleading, when-Auditorium included in armory build-
ing—An averment in a pleading that the plans adopted by the
state armory board for an armory building include an audi-
torium that will be available for civic purposes, does not tender
any issue that the state armory board, in adopting such plans,
abused its discretion or was guilty of any fraudulent conduct
in reference thereto. Ib.
In assessing for street improvement by foot front, under Section
3812, General Code, no contractual relations arise, and under
Section 3902, General Code, no complete or consummate rights
are acquired-Rule of retroactive operation as applied to change
in judicial construction. See City of Sidney v. Cummins, 328.
Deeds-Grantee bound by covenants-Street assessments-Legal
objections waived, when. See Poulson v. City of Akron, 489.
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