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III. DISTRIBUTION OF GOVERNMENTAL
POWERS AND FUNCTIONS. See Municipal Corporations.
(A) Legislative Powers and Delegation
m52. (Ind. App.) Legislature may not defeat See Constitutional Law, cm 89.
citizen's rights by invading province of judicial
department.---City of Indianapolis v. National CLASS LEGISLATION.
City Bank of Indianapolis, 148 N. E. 675.
Om63(3) (III.) School Law, giving county suSee Constitutional Law, 208–251.
perintendents certain power as to place of at
tendance by pupil, held not unconstitutional as COLLEGES AND UNIVERSITIES.
delegation of legislative power.-Weatherford Cam 6(5) (Ohio) University buildings and land
v. School Directors of Dist. No. 7, 148 N. E.
244. in state control, and university not liable for personal injury caused by negligence of state
(B) Judicial Powers and Functions. employé as to manhole.- Board of Trustees of Combined Normal and Industrial Department m70(1) (III.) Maximum charges fixed by Legof Wilberforce University v. Green, 148 N. E. islature not interfered with by court, unless 355.
owner is thereby forced to use his property for
public benefit without compensation.-Davis v. COMMERCE.
Keystone Steel & Wire Co., 148 N. E. 47. 1. POWER TO REGULATE IN GENERAL. biguity, not for court to decide necessity of pro
C70(3) (Ind.) When statute free from amOm8(12) (III.) Hepburn Act excludes power visions.-Werber v. Hughes, 148 N. Ě. 149. of state to regulate furnishing cars for inter-cm 70(3) (N.Y.) Court may consider whether state traffic.-Davis v. Keystone Steel & Wire legislative act, permitting encroachment on pubCo., 148 N. E. 47.
lic street, promotes public convenience or is un
reasonable.-McCoy v. Jordan, 148 N. E. 793. III. MEANS AND METHODS OF REGULATION.
IV. POLICE POWER IN GENERAL. Om48 (III.) Congress may adopt convenient asm81 (III.) Owner of property, devoted to use well as necessary means to regulate inter- in which public has interest, must submit to state commerce.-Davis v. Keystone Steel & regulation for common good.-Davis v. KeyWire Co., 148 N. E. 47.
stone Steel & Wire Co., 148 N. E. 47. COMMERCIAL PAPER.
V. PERSONAL, CIVIL AND POLITICAL
RIGHTS. See Bills and Notes.
Om 89(1) (III.) Fixing of rates by Interstate
Commerce Commission is not unconstitutional COMMISSIONERS.
interference with freedom to contract.-Davis See Public Service Commissions.
v. Keystone Steel & Wire Co., 148 N. E. 47. COMMON LAW.
VII. OBLIGATION OF CONTRACTS.
(A) Powers of States in General. el (Ind.) Common law yields to Constitution or valid statute inconsistent with it.-Con- Om 116 (Mass.). Impairment of contract, connell v. State, 148 N. E. 407.
trary to federal Constitution, applies only to
Hunt, 148 N. E. 801.
(B) Contracts of States and Municipal
ities. CONDITIONAL SALES.
em 125 (Mass.) Acceptance of gifts by trusSee Sales, m475-479.
tees of academy under authority of statute held not to impair contract.-Trustees of Andover
Theological Seminary v. Visitors of Theologi. CONSPIRACY.
cal Inst. in Phillips Acadamy in Andover, 119
N. E. 900.
IX. PRIVILEGES OR IMMUNITIES, AND
CLASS LEGISLATION. 23 (N.Y.) All that must be shown to establish conspiracy is unlawful combination and Ow208 (6) (III.) Medical Practice Act not dissome overt act in furtherance thereof.-People criminatory because excepting government v. Werblow, 148 N. E. 786.
practitioners.-People v. Walder, 148 N. E. 287. CONSTITUTIONAL LAW.
X. EQUAL PROTECTION OF LAWS. See Statutes, 35 12-114.
Cw210 (111.) Foreign insurance corporation is
not citizen, entitled to equal protection of laws, For validity of statutes relating to particular until it has complied with conditions of statute. subjects, 'see also the various specific topics. -Hanover Fire Ins. Co. v. Carr, 148 N. E. 23.
Cow229(1) (N.Y.) Palpable and arbitrary disII. CONSTRUCTION, OPERATION, AND EN- crimination in taxes amounts to denial of equal FORCEMENT OF CONSTITUTIONAL PROVISIONS.
protection of law.-Long Island R. Co. v. Hylan,
148 N. E. 189. Cw46(1) (Ind.) Constitutional questions not C230(3) (III.) Statute imposing annual tax considered on appeal, where decision not nec on net receipts of foreign insurance corporiessary.-Meno v. State, 148 N. E. 420.
tions held not to violate equal protection clause 48 (Ind. App.) Construction rendering stat- of United States Constitution.-Hanover Fire ute constitutional adopted.-City of Indianapolis Ins. Co. v. Carr, 148 N. E. 23. v. National City Bank of Indianapolis, 115 N.238(2) (Ohio) Enforcement of Jurenile E. 675.
Act not denial of equal protection.-Kendall v. Cmw 48 (Mass.) Every presumption favors valid-State. 148 N. E. 367. ity of statute enacted by general court.-Cod-Cow 249 (ind.) Judgment, setting aside default man v. New York, N. H. & II. R. Co., 148 N, E. judgments, held not to deny equal protection of 467.
laws.-Woodard y. Killen, 148 N. E. 195.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(F) Legality of Object and of Consid
eration. Em 251 (Mass.) One not to be deprived of life, liberty, or property without hearing on claim Col!6(3) (Ind.App.) Contract of memberagainst him.--Vizer v. Hunt, 148 N. E. 801. ship in employers' association, fixing maximum Cam 278(1) (Ohio) Ordinance creating part of wages, held not invalid as against public policy city into restricted residential district held in- and in restraint of trade. --Androff v. Building valid as taking property without due process. Trades Employers' Ass'n, 148 N. E. 203.
- City of Youngstown v. Kahn Bros. Bldg. Co., m 116(6) (Ind.App.) Contracts requiring au148 N. F), 842.
tomobile dealers selling in other dealers' terriOnw296(1) (Ohio) Enforcement of Juvenile tories to pay latter percentage of list price Act not denial of due process.-Kendall v. held not against public policy nor in restraint State, 148 N. E. 367.
of trade.-Johnston v. Franklin Kirk Co., 148 em 298 (2) (11.) Fixing of rates by Interstate N. E. 177. . Commerce Commission is not deprivation of mal17(2) (Mass.) Limitation in contract of property without due process.-Davis v. Key- driver not to solicit laundry work or interfere stone Steel & Wire Co., 148 N. E. 47.
with employer's customers in named cities held 305 (1.1.) Jurisdiction to abate liquor nui- reasonable.—Boston & Suburban Laundry Co. sance consistent with due process of law.-State v. O'Reilly, 148 N. E. 373. v. Zimmerman, 148 N. E. 5.
Com ! 27(2), (Ind.App.). Cannot oust jurisdiction Om 305 (II.) No court may divest person of of courts in case of disagreement between paryested right until he is made party to suit and ties.-Johnston v. Franklin Kirk Co., 148 N. E. has had reasonable opportunity of being heard 177 in defense of his rights.-Leininger v. Reichle, Clause of contracts, making distributor's de148 N. E. 384.
cision final in case of disagreement among auRule precluding divestiture of rights without tomobile dealers, held void.-Id. opportunity of being heard applies to all pro-om 137(1), (Ind.App.) Not necessarily invaliceedings.--Id.
dated by illegal clause or part.-Johnston V. ww305 (Ind.) Erroneous decision does not de: vranklin Kirk Co., 148 N. E. 177. prive unsuccessful party of his property without due process of law.-Woodard v. Killen,
II. CONSTRUCTION AND OPERATION. 148 N. E. 195.
(A) General Rules of Construction. 305 (N.Y.) Statute, allowing foreign adw147(2) (Mass.) Intention gathered from ininistrators and executors to be substituted language of parties, subject-matter and accomfor deceased defendant in actions in personam, held unconstitutional as violative of due process panying circumstances.- Barrows v. Fuller, 148 clause.-McMaster v. Gould, 148 N. E. 556.
N. E. 374. em 310 (Mass.) Defendants, having bad day in En 152 (Ohio). Agreement ascertained from court, not denied due process.—Pizer v. Hunt, language of written contract, and there can be 148 N. E. 801.
no intendment or implication inconsistent with Cm 315 (ind.) Judgment, setting aside de terms.- Blosser v. Enderlin, 148 N. E. 393. fault judgments, held not to deprive plaintiff's Emre 156 (Mass.) Principle of general words at of their property without due process of law. end of instrument being restrained to incidental - Woodard v. Killen, 148 N. E. 195.
matters ejusdem generis applied only to effectuOm316 (III.) Workmen's Compensation Act,
ate main purpose of writing.-Trustees of Andproviding for review on questions of law only, logical Inst. in Phillips Academy in Andover,
over Theological Seminary v. Visitors of Theoheld not to violate due process clause.-Nega v. Chicago Rys. Co., 148 N. E. 250.
148 N. E. 900.
Omw 171 (1) (Mass.) Whether contract is entire CONTEMPT.
or divisible is largely question of intention.
Barrows v. Fuller, 148 N. E. 374.
Om 178 (III.) "Trustee" is but descriptio pertempt.-Youngs v. Goodman, 148 N. E. 639.
sonæ, in absence of agreement in contract, to
look to trust estate.--Austin v. Parker, 148 N. II. POWER TO PUNISH, AND PROCEED E, 19. INGS THEREFOR.
(D) Place and Time. Om 40 (Mass.) Contempt proceedings not strictly either civil or criminal.-New York time within which advertising boards should be
m 212(2) (Ind.App.) Contracts, failing to fix Cent. R. Co. v. Ayer, 148 N. E. 567. w 61(3) (III.) Punishment for contempt may within a reasonable time.-Gibson Co. v. Mor
erected, would be construed to require erection be sustained irrespective of whether imposed ton, 148 N. E. 430. pursuant to legislative act or by court's inher-215(2) (N.Y.) Notice terminating contract, ent power. --State v. Zimmerman, 148 N. E. 5. terminable at will, not effective where party Em 66 (2) (Mass.) Order defaulting defendant and his surety held not "sentence" or "final continues to act under contract. --Cammack v. j. judgment."-Cherry v. Cherry, 148 N. E. 570. B. Slattery & Bro., 148 N. E. 781.
Writ of error does not lie, where contempt proceedings still pending.-Id.
(F) Compensation. 66 (5) (Mass.) Order in contempt proceed-C228 (Mass.) If contract completely pering held not ripe for review in any form.-Cher- formed, contractor may recover full contract ry v. Cherry, 148 N. E. 570.
price.-De Vito v. Uto, 148 N. E. 456. On 66(7) (Mass.) Amount of fine not open to revision.-New York Cent. R. Co. v. Ayer, 148 III. MODIFICATION AND MERGER. N. E. 567.
239 (N.Y.) Contract modifying contract unCONTRACTS.
der seal must, if unexecuted, be under seal.-See Assignments; Bills and Notes; Champerty Cammack v. J. B. Slattery & Bro., 148 N. E.
and Maintenance; Covenants; Frauds, Stat- 781.
modified agreement.-De Vito v. Uto, 148 N E.
456. 1. REQUISITES AND VALIDITY.
IV. RESCISSION AND ABANDONMENT. (E) Validity of Assent. 098 (Mass.) Agreement induced by fraud ma 270(2) (Mass.) Right to avoid contract is voidable only.- Commissioner of Banks v. for fraud must be exercised before ris Cosmopolitan Trust Co., 148 N. E. 609. third parties intervene.-Commissi
Banks v. Cosmopolitan Trust Co., 148 N. E.
CORPORATIONS. 609. C271 (N.Y.) When time as essential element See Banks and Banking; Carriers; Jointof contract has been waived, owner cannot ter
Stock Companies and Business Trusts; Muminate contract without notice.-General Sup
nicipal Corporations; Public Service Commisply & Construction Co. v. Goelet, 148 N. E.
sions; Railroads; Street Railroads; Tele778.
graphs and Telephones. V. PERFORMANCE OR BREACH.
I. INCORPORATION AND ORGANIZATION.
On 30(1) (Mass.) Vote of organizers before Om 278(1) (Ind. App.) Generally, party cannot corporation existed held not to bind it.-Lenrecover on special contract in which he has nox v. Haskell, 148 N. E. 811. failed to fulfill on his part.---Gibson Co. v. Moram 30 (6) (Mass.) Corporation held not ton, 148 N. E. 430.
have assumed lease, nor agreed to pay landww278(2) (Ind.App.) When action may be lord rent accrued.-Lennox v. Haskell, 118 N. maintained on contract without showing strict E. 811. performance stated.-Gibson Co. v. Morton, 148 Contract that corporation, taking over partN. E. 430.
pership assets, would pay accrued rent, pot Om 285 (2) (N.Y.) Arbitration clause held not implied.-Id. to include contractor's claim for damages be Corporation taking over partnership assets cause owner prevented performance of con held not to have agreed to pay rent subsetract.-Young v. Crescent Development Co., quently accruing, nor assume liability under 148 N. E. 510.
lease.--Id. Ow2921/2 [New, vol. IIA Key-No. Series] Copartnership, assets of which were taken
(N.Y.) Filing of mechanics' liens over by corporation, held liable for rent under owner's property by contractor's receivers held lease.-Id. waiver of right to arbitration under arbitration Acceptance of rent from corporation held not clause.-Young v. Crescent Development Co., to bar landlord's recovery against partnership 148 N. E. 510.
therefor.-Id. Cun305(1) (N.Y.) Allowing contractor to continue work is waiver of time as essential ele II. CORPORATE EXISTENCE AND ment.--General Supply & Construction Co. v.
FRANCHISE, Goelet, 148 N. E. 778.
C32(1) (Mass.) Articles not assumed to Cw313(1) (III.) On repudiation, other have been filed on day organizers voted to astracting party may sue for damages as for sume liabilities of copartnership.-Lennox V. present breach.-Kinnan v. Charles B. Hurst Haskell, 148 N. E. 811. Co., 148 N. E. 12. Omw316(6). (N.Y.). Allowing contractor to con- topped to deny corporate existence of deposi
Cu34 (3) (N.Y.) Bank, accepting deposit, estinue work is waiver of time as essential ele-tor.-Joint-Stock Co. of Volgakama Oil & ment, but does not preclude action for delay - Chemical Factory v. National City Bank of General Supply & Construction Co. v. Goelet, New York, 148 N. E. 552. 148 N. E. 778. Cm322(4) (Ind.App.) Evidence held to sustain
IV. CAPITAL, STOCK, AND DIVIDENDS. finding that there was an unreasonable delay in erection of advertising boards.-Gibson Co.
(B) Subscription to Stock. v. Morton, 148 N. E. 430.
Cm77 (Mass.) Contract to set aside stock of corporation to be paid for out of dividends held
severable.-Barrows y. Fuller, 148 N. E. 374, CONVERSION.
(C) Issue of Certificates. See Trover and Conversion.
Cmw 104 (Mass.) Acquiescence cannot give vaol (Mass.) Doctrine of equitable conversion lidity to shares issued without power to in. founded on maxim that equity regards that crease capital stock.-Commissioner of Banks done which ought to be done. --Baker v. Com- v. Cosmopolitan Trust Co., 148 N. E. 609. missioner of Corporations and Taxation, 148 N. E. 593.
V. MEMBERS AND STOCKHOLDERS. Real estate regarded as converted into per
(B) Meetings. sopalty from time it ought to have been converted.--Id.
201 (Mass.) Inference that proxies were Expressed intent to convert must be effectu- voted at stockholders' meeting not warranted; ated.-Id.
"voted unanimously.”—Commissioner of Banks Power to divide fund carries implication of v. Cosmopolitan Trust Co., 148 N. E. 609. transmutation into divisible form.-Id. **Trust fund" indicates personal rather than (C) Suing or Defending on Behalf of Cor.
poration. real estate.--Id. Coll (Mass.) Provision that shares of trust Ow2074/2, (Ind.App.) Stockholder naming corshould be personal property not construed as poration defendant in suit for secret profit made converting real into personal property.–Baker by optionees selling land to it held not equitable
Commissioner of Corporations and Taxation, plaintiff.-- Brannan v. Kelley, 148 N. E. 157. 148 N. E. 593.
210 (Ind. App.) Stockholder in corporation, 13 (Mass.) Conversion commonly does not formed to purchase land from optionees, held take place until time specified therefor arrives. not entitled to sue in his own name for pro,,Baker v. Commissioner of Corporations and portionate share of secret profit made by them. Taxation, 148 N. E. 593.
-- Brannan v. Kelley, 148 N. E. 157. Time of conversion of land into personalty
(D) Liability for Corporate Debts and not accelerated.-Id.
Duty imposed on trustees to sell real estate at termination of trust for purpose of distribu-ma 273 (!!I.) Interest recoverable from stocktion.--Id.
holders of bankrupt corporation on amount of Doctrine of equitable conversion held not to judgment allowing claims in bankruptcy. operate under facts as of date of instrument Joseph T. Ryerson & Son v. Peden, 148 N. E.
819. creating trust.-Id.
VI. OFFICERS AND AGENTS. C 19 (2) (Mass.) Real estate regarded as converted into personalty at time of testator's (C) Rights, Duties, and Liabilities death, when imperatively required by him.
Corporation and its Members. Baker v. Commissioner of Corporations and am 317(3) (Mass.) Interposition of bona fide Taxation, 148 N. E. 593.
purchaser of stock without notice of alleged
For cases in Doc.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER fraud of codirector held to defeat right to re- tions.--Powell v. United Ass’n of Plumbers and scission and return.-Reed v. Pheeney, 148 N. Steamfitters of United States and Canada, 148 E. 448.
N. E. 728.
Om 672(2) (N.Y.) Allegation that plaintiff VII. CORPORATE POWERS AND corporation, ceased to exist insufficient, when LIABILITIES.
information supporting the allegation does not (B) Representation of Corporation by 01. show nonexistence.-Joint-Stock Co. of Volficers and Agents.
gakama Oil & Chemical Factory v. National Cw423 (Ind.App.) Whether or not manager City Bank of New York, 148 N. 8. 552. of corporation was authorized to make illegal that plaintiff is not corporation, sufficient.-Id.
Answer, alleging on information and belief transactions iminaterial.-Sawers Grain Co. v. Teagarden, 148 N. E. 205.
Om 691 (N.Y.) Russian Soviet decree, atAuthorization of manager to "hedge” grain tempting to punish settlements abroad, held
not bought as deemed necessary held not to au
to terminate corporate capacity.Jointthorize speculating in futures and options.-Id. Stock Co. of Volgakama Oil & Chemical FacC426() (Mass.) Ratification may be found tory v. National City Bank of New York, 148
N. E. 552. from acts presumed to have been performed under corporation's authority.-Banca Italiana
Soviet decree, annulling shares, bonds, and Di Sconto v. Columbia Counter Co., 148 N. E. securities not listed with government bank, 105.
held not to terminate Russian corporation.-Id. 426 (6) (Mass.) Ratification of officers' ex
Soviet decree, nationalizing corporations, held ecution of note need not be by formal vote.- not to terminate existence.-Id. Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.
COSTS. On 432 (12) (Mass.) Evidence held to show execution and delivery of note by president and
VI. TAXATION. assistant treasurer were ratified.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 of excessive fee charged by court reported in
On214 (Ind.) Motion to retax costs, because N. E. 105. Ema 433(2) (Mass.) Whether corporation rati- preparing bills of exception, denied.-Washingfied president and assistant treasurer's execu
ton Hotel Realty Co. v. Bedford Stone & Contion and delivery of note held for jury.-Banca struction Co., 148 N. E. 405. Italiana Di Sconto v. Columbia Counter Co., VII. ON APPEAL OR ERROR, AND ON NEW 148 N. E, 105.
TRIAL OR MOTION THEREFOR. (D) Contracts and indebtedness. Em 241 (111.) Appellants held chargeable with ww447 (Mass.) To make contract of corpora-) only half of costs of appeal.-Hirsh v. rnold
148 N. E, 882. tion valid, all elements necessary to other contracts are essential.- Lennox v. Haskell, 148 N. E. 811.
COUNTERCLAIM. em472 (N.Y.) Corporate bond payable to reg: See Set-Off and Counterclaim. istered holder held transferable as between seller and purchaser by proper indorsement.Reynolds v. Title Guarantee & Trust Co., 148
COURTS. N. E. 514.
Mortgagor and trustee in effect contract that See Amicus Curiæ; Contempt; Criminal Law, transfer of registered bond may be completed Onw90–97; Judges; Prohibition; Removal of by registry.-Id.
Causes. Contract to transfer registered bonds held to have consideration.--Id.
I. NATURE, EXTENT, AND EXERCISE OF
JURISDICTION IN GENERAL. 473 (N.Y.) Broker, as indorsee of registered bonds, acquired right thereto which he om 12(2) (Ohio) Action properly brought could protect by compelling transfer.-Rey, against railroad by nonresident for injuries ocnolds v. Title Guarantee & Trust Co., 148 N. curring outside of state from joint negligence E. 514. Right of broker as transferee to compel fendants.-Baltimore & 0. R. Co. v. Baillie,
of railroad and another properly joined as detransfer of registered bonds not lost by sub-148 N. E. 233. sequent issue of duplicates.-Id. One, accepting attempted transfer of bond foreign corporation may prohibit its doing of
w 18 (N.Y.) Court having jurisdiction over a „without delivery, takes title only of original an act in a foreign jurisdiction.-Niagara Falls registered holder.-Id.
International Bridge Co. v. Grand Trunk Ry. Cm 479 (N.Y.) Guarantee company held under Co. of Canada, 148 N. E. 797. evidence not liable to holder of duplicate bonds, for dereliction as trustee.-Reynolds v. Title York, created by both governments, may be pro
Rights in bridge crossing froin Canada to New Guarantee & Trust Co., 148 N. E. 514. Contract of guarantee company, that regis- / jurisdiction.-ld.
tected by either by prohibiting acts outside its tered bonds might pass from hand, not subject to limitation that they must be presented for m23 (Mass.) Waiver by parties cannot contransfer before duplicate bonds were issued.- fer jurisdiction over cause not vested in court. Id.
-Warner v. City of Taunton, 148 N. E. 377. Purchaser of duplicate registered bonds ac
C32 (II).) Jurisdiction of person not acquirquired no rights debarring trustee from trans
ed, where notice not given as required by law.
-Keal v. Rhydderck, 148 N. E. 53. ferring originals on corporation's books.-Id.
Ema33 (111.) Record must show court's author. Guarantee company, in certifying duplicate registered bonds, held' under facts not to have ity, where exercising a special statutory jurisgiven assurance against existing equities. Id. diction.-Keal v. Rhydderck, 148 N. E. 53.
Cam 36 (11.) Jurisdiction not presumed, where
court exercising special statutory, jurisdiction. XII. FOREIGN CORPORATIONS.
-Keal v. Rhydderck, 148 N. E. 53. Em 636 (III.) General assembly may prescribe em 37(3) (111.). Holder of subordinate trust conditions under which foreign corporations deed, after giving bond to avoid appointment may do business within state, and may exclude of receiver in suit to foreclose prior trust deed, them entirely.-Hanover Fire Ins. Co. v. Carr, held not in position to attack court's jurisdic148 N, E. 23.
tion.-Robinson v. Miller, 148 N. E. 319. Om665(3) (N.Y.) Relief seldom extended be-39 (Mass.) Court must consider whether it yond call of emergency in controversies touch- has jurisdiction on its own motion.-Warner v. ing internal management of foreign corpora-1 City of Taunton, 148 N. E. 377.
II. ESTABLISHMENT, ORGANIZATION, AND 219(8) (11).) Appeal calling for construc-
tion of a statute does not involve a "constitu(A) Creation and Constitution, and Court tional question," where validity of statute is Officers.
admitted.-People v. Cermak, 148 N. E. 382. Omw 54 (Ohio) Act held to fix time when courts Validity of statute must be involved, to war. of probate and common pleas shall stand com rant appeal direct from lower court to Supreme bined as result of election, different from time Court.-Id. fixed by Constitution, and contravenes Consti No constitutional question involved, where no tution to that extent.--State v. Corbett, 148 question raised by either party as to validity of N. E. 357.
statute or construction of constitutional provi. Office of probate court stands combined with sion.-Id. court of common pleas immediately on deter- w219(9) (III.) Constitutional question, not mination of fact that majority of electors voted necessarily raised by motion to quash search for combination.-Id.
warrant, issued under statute, not alleged to
violate Constitution.-People y. Blenz, 148 N. (D) Rules of Decision, Adjudications, E. 249. Opinions, and Records.
Whether search warrants, issued under ProOm 102(1) (Ohio) Where less than six judges hibition Act, were properly sustained involves are of opinion that statute is unconstitutional, no constitutional question for Supreme Court. judgment of those not concurring controls. -Id. City of East Cleveland v. Board of Education w219(9) (II.) Constitutional question held of City School Dist. of East Cleveland, 148 N. not involved authorizing direct appeal to SuE. 350.
preme Court on mandamus to compel board of Cena 107 (Ohio). Decision of Supreme Court be- commissioners to pay petitioner salary: "revecomes rule of law.-Powell v, Craig, 148 N. E. nue."-People v. Čermak, 148 N. E. 382. 607.
Om 219(11) (!!I.) Right to office not a "franOm 109 (Ohio) Syllabus of Supreme Court | chise" authorizing a direct appeal to Supreme definitely states law with reference to facts on Court.-People v. Cermak, 148 N. E. 382. which it is predicated.-Baltimore & O. R. Co Om 219(23) (111.) Partition suit held to inV. Baillie, 148 N. E. 233.
volve freehold estate.-Hardin v. Wolf, 148 N.
of real estate, by administrator, held within Su-
versy no longer gives the Supreme Court juris187 (Ohio) Municipal court is court of diction of appeal from final judgment.-Security record, and speaks through its journal.-Leon- Trust Co. v. Jaqua, 148 N. E. 148. ard v. Elgin, J. & E. Ry. Co., 148 N. E. 239.
ww240 (Ohio) Defendants not denied equal
protection, where counterclaim heard on merVI. COURTS OF APPELLATE JURISDIC- its.-Leonard v. Elgin, J. & E. Ry. Co., 148 N. TION.
E. 239. (B) Courts of Particular States.
VII. UNITED STATES COURTS. w219(2) (111.) Appellate Court's certificate of importance held not void, as being insutfi
(F) State Laws as Rules of Decision. cient.-Kowalczyk v. Swift & Co., 148 N. E. 59. 365 (Mass.) Decision of state court in. Cw219(6) (11.) State "interested” in suit ons volving pleading and practice accepted as final ly when it has direct and substantial interest by federal court.-Pizer v. Hunt, 148 N. E. in outcome.-People v. Mitchell, 118 N. E. 242. 801.
State without inonetary interest in action on state treasurer's bond for alleged misinvest
VIII, CONCURRENT AND CONFLICTING ment of school fund.-Id.
JURISDICTION, AND COMITY. 219 (7) (11.) Case must relate directly to (A) Courts of Same State, and Transfer revenue to give Supreme Court jurisdiction of
of Causes. direct appeal.- People v. Cermak, 148, N. E.m480(1) (III.) Suits for damages for tres. 382. diction to entertain appeal involving validity of N. E. SS2. For 219(8) (III.) Appellate Court has no juris- passes, etc., litigated in suit to foreclose trust
deed, properly restrained.-Hirsh y. Arnold, 148 statute raised under assignment of errors or cross-errors.-Kowalczyk v. Swift & Co., 148 N. (B) State Courts and United States Courts. E. 59.
Appellate Court may not retain jurisdictionem489(8) (Mass.) Relief for violation of Sherand attirm judgment on one ground, without ref-man Anti-Trust or Clayton Acts only in United erence to constitutional question involved in an: States court.-Codman v. New York, N. H. & other ground urged by appellee in support of H. R. Co., 148 N. E. 467. judgment.-Id.
ww493(1) (Mass.) Court through whose proMere assertion that constitutional question is cess jurisdiction first attaches may continue involved is not sufficient to raise constitutional case within jurisdiction of both federal and question.--Id. To raise constitutional question, latter must 217.
state court.-Shapiro v. Goldman, 148 N. E. be at least debatable.-Id. Appellate Court had no jurisdiction to retain
COVENANTS. and decide case, record of which presented constitutional question, and its judgment was void. III. PERFORMANCE OR BREACH. Id.
S 100(3) (11.) Unpaid installments of speC219(8) (III.) Supreme Court will not en
cial assessments held due and payable at time tertain appeal or writ of error to raise consti- of execution of warranty deed.-Hagen v. Lehtutional question previously decided.-People v. mann, 148 N. E. 57. Blenz, 148 N. E. 249. Supreme Court without jurisdiction on writ
CREDITORS' SUIT, of error to conviction of misdemeanor violation of Prohibition Act.-Id.
Cm 8 (4) (1) Employé held to have right to C219(8) (III.) Error to Appellate Court bave insurer's debt to employer applied to par: waives constitutional question.-People v. Gar ment of judgment.-Kinnan v. Charles B. Burst wood, 148 N. E. 239.
Co., 148 N. E. 12.