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SMITH v. GARDNER et al. (No. 4,875.) (Supreme Court of Ohio. Dec. 14, 1897.) Error to circuit court, Cuyahoga county. Goulder & Holding, for plaintiff in error. Charles E. Pennewell and Thomas Reilley, for defendants in erNo opinion. Judgment of the circuit court as to L. P. Smith reversed, and the judgment of the common pleas as to him affirmed, on authority of Sites v. Haverstick, 23 Ohio St. 626. SHALL and SPEAR, JJ., dissent.

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STATE v. BOHN. (No. 5,448.) (Supreme Court of Ohio. Oct. 19, 1897.) Error to circuit court, Cuyahoga county. John L. Lott, Asst. Atty. Gen., and Clark Thompson, for the State. Goulder & Holding, for defendant in error. No opinion. Petition in error dismissed for the reason that it was not filed within six months after judgment was rendered. So held on authority of State v. Bohn, 55 Ohio St. 555, 45 N. E. 707.

STATE v. GROENLAND. (No. 5,507.) (Supreme Court of Ohio. Nov. 16, 1897.) Exceptions to the ruling of the court of common pleas of Hamilton county. D. L. Sleeper and O. J. Renner, for plaintiff. A. B. Huston, for defendant. No opinion. Exceptions overruled.

STATE ex rel. FRANKLIN v. KINNEY, State Sup'r of Elections. (No. 5,700.) _(Supreme Court of Ohio. Oct. 5, 1897.) D. J. Cable, John W. Roby, W. L. Rogers, I. R. Longsworth, and James W. Halfhill, for relator. F. S. Monnett, Atty. Gen., Daniel J. Ryan, W. D. Davies, and E. N. Lewis, for respondent. No opinion. Demurrer to petition sustained, and petition dismissed, at costs of relator.

STATE ex rel. MONNETT, Atty. Gen., v. ZIEGLE. (No. 5,128.) (Supreme Court of Ohio. Nov. 9, 1897.) F. S. Monnett, Atty. Gen., A. C. Thompson, Walter A. De Camp, and Thomas Hollister, for plaintiff. Burch & Johnson and W. J. Davidson, for defendant. No opinion. Demurrer to answer overruled and petition dismissed, at costs of relator.

STATE ex rel. ROBINSON v. MCKINLEY, Governor. (No. 2,529.) (Supreme Court of Ohio. Jan. 14, 1896.) Motion by the relator for an alternative writ of mandamus. Nellie G. Robinson, for relator. J. K. Richards. Atty. Gen., for respondent. No opinion. Under the constitution and laws of Ohio, a woman is not eligible to the office of notary public. Motion overruled.

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INDEX.

ABANDONMENT.

See "Attachment," § 5.

ABATEMENT.

Of legacy, see "Wills," § 10.
Pleas in abatement, see "Pleading," §§ 2, 3.

ABATEMENT AND REVIVAL.

Pleas in abatement, see "Pleading," §§ 2, 3. Right of action by or against personal representative, see "Executors and Administrators," § 4.

Substitution of parties, see "Parties," § 1.

The pendency of a claim filed against the estate of a deceased debtor does not abate an action for the debt between different parties.Paxton v. Vincennes Mfg. Co. (Ind. App.) 583.

ABSTRACTS OF TITLE.

Through negligence of a corporation, employed to examine the title to real estate purchased by plaintiff, in drawing the deed, the wrong parcel was conveyed to plaintiff by mistake, and, the deed having been reformed, the prop erty bought by plaintiff proved to be incumbered, and was sold under foreclosure. Held, that plaintiff was under no obligation to sell the parcel conveyed to her by mistake, in order to mitigate the damages, and defendant was iiable for what plaintiff had paid on the sale. -Ehmer v. Title Guarantee & Trust Co. (N. Y.)

420.

A corporation undertaking to examine and guaranty titles to real estate is under the same duties and obligations to those who employ it as exist between attorney and client.-Ehmer v. Title Guarantee & Trust Co. (N. Y.) 420.

ABUTTING OWNERS.

Assessments for expenses of public improvements, see "Municipal Corporations," § 6. Compensation for taking of or injury to lands

ACCOUNT.

See "Account, Action on."

Accounting between partners, see "Partnership," $ 3.

by executor or administrator, see "Executors and Administrators," § 5.

by trustee, see "Trusts," § 4.

ACCOUNT, ACTION ON.

Plaintiff is entitled to maintain an action for labor and material on an account annexed.— Quin v. Bay State Distilling Co. (Mass.) 637.

ACKNOWLEDGMENT.

Operation and effect of admissions as evidence, see "Evidence," § 7.

§ 1. Taking acknowledgment, making proof, and certifying thereto. Grantee in instrument is disqualified to be an attesting witness, or to act in an official capacity.-Amick v. Woodworth (Ohio) 437. 8 2. Operation and effect.

An acknowledgment of a mortgage taken by a stockholder and officer of mortgagee corporation is void, both irrespective of statute and under Burns' Rev. St. 1894, § 8041.-Kothe v. KragReynolds Co. (Ind. App.) 594. § 3. Evidence.

Testimony of one of the grantors held insuf

ficient to overcome the certificate of acknowledgment.-Davis v. Howard (Ill.) 258.

ACTION.

Commencement within period of limitation, see "Limitation of Actions," § 2.

Election of remedy, see "Election of Remedies." Limitation by statutes, see "Limitation of Actions."

Malicious actions, see "Malicious Prosecution." Penal and qui tam actions, see "Penalties." Pendency of action, see "Abatement and Re

vival."

or easements for public use, see "Eminent Do-Set-off, see "Set-Off and Counterclaim." main," § 1.

Rights in streets in cities, see "Municipal Corporations," § 9.

ACCEPTANCE.

Actions between parties in particular relations. See "Master and Servant," § 9; "Partnership," § 3.

Co-tenants, see "Partition."

Of bill of exchange, see "Bills and Notes," § 1. Actions by or against particular classes of par

Of dedication, see "Dedication," § 1.

Of offer or proposal, see "Contracts," § 1.

ACCIDENT.

Cause of death, see "Death," § 1.

ACCOMMODATION PAPER.

See "Bills and Notes."

ACCORD AND SATISFACTION.

See "Novation."

50 N.E.-72

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Breach of contract, see "Contracts," § 4; "Vendor and Purchaser," § 5.

of covenant, see "Covenants," § 3. of promise of marriage, see "Breach of Marriage Promise.'

Civil damages for sale of liquors, see "Intoxicating Liquors," § 5.

Personal injuries, see "Carriers." § 5; "Master and Servant," § 9; "Railroads," § 5. Price of goods, see "Sales," § 3.

Recovery of land sold by vendor, see "Vendor and Purchaser," § 4.

of payment, see "Payment."
Rent, see "Landlord and Tenant," § 5.
Services, see "Work and Labor."
Wrongful injunction, see "Injunction," § 5.

Particular forms of action.

See "Account, Action on"; "Assumpsit, Action of"; "Ejectment"; "Replevin"; "Trespass."

Particular forms of special relief.

See "Divorce"; "Injunction"; "Partition";
"Quieting Title"; "Specific Performance."
Alimony, see "Divorce," § 2.
Cancellation of written instrument, see "Can-
cellation of Instruments," § 1.
Construction of will, see "Wills," § 9.
Dissolution of partnership, see "Partnership,"
§ 3.

Enforcement or foreclosure of lien, see "Me-
chanics' Liens," § 4.
Establishment of boundaries, see "Boundaries,"
§ 2.

Foreclosure of mortgage, see "Mortgages," $ 9.
Reformation of written instrument, see "Ref-
ormation of Instruments."

Setting aside fraudulent conveyance,
"Fraudulent Conveyances," § 2.
Trial of tax title, see "Taxation," § 6.

Particular proceedings in actions.

see

See "Costs"; "Damages"; "Dismissal and Nonsuit"; "Evidence"; "Execution"; "Judgment"; "Jury"; "Limitation of Actions"; "Parties"; "Pleading"; "Process"; "Trial":

"Venue."

Default, see "Judgment," § 1.
Verdict, see "Trial," § 6.

Particular remedies in or incident to actions.

See "Attachment"; "Bail"; "Injunction"; "Receivers."

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ADVANCES.

By landlord to tenant, see "Landlord and Tenant," § 5.

ADVERSE CLAIM.

To real property, see "Quieting Title."

ADVERSE POSSESSION.

Proceedings in exercise of special or limited ju- See, also, "Limitation of Actions"; "Vendor and risdiction.

Suits in equity, see "Equity."

Purchaser."

in justices' courts, see "Justices of the § 1. Nature and requisites. Peace.

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A deed made under a void decree held color of title under which the grantee might_acquire title by limitations.-Sexson v. Barker (Ill.) 109.

Possession under an executory land contract is not adverse to the vendor so long as the purchase money is unpaid, or until, by terms of the agreement, the purchaser is entitled to a conveyance.-Davis v. Howard (Ill.) 258.

One who enters under a land contract cannot deny his vendor's title until after a surrender of possession.-Davis v. Howard (Ill.) 258.

Title to certain land by adverse possession can be acquired against a railroad company.Illinois Cent. R. Co. v. Wakefield (Ill.) 1002.

Where holder of legal title and his grantor have held possession from time of original survey, exercising such dominion as was possible in case of wet lands, limitations will not run in favor of adverse claimant under void survey.

Operation and effect of former adjudication, see Mason v. Calumet Canal & Imp. Co. (Ind. Sup.) "Judgment," § 7.

ADJUSTMENT.

85.

A 20-years adverse possession by the grantee in good faith under color of title need not depend on a previous "good-faith" claim of title 822.

Of loss within insurance policy, see "Insurance," in the grantor.-Moore v. Hinkle (Ind. Sup.) § 11.

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