fire of October 16, 1899, originate on the lands of the plaintiff and beyond the defendant's right of way? Answer. No." Two reasons are given in support of the assignment of error that the court erred in overruling the mo tion for a new trial. Neither of them are plausible. Judgment affirmed, with 10 per cent. damages. CARLIN et al. V. LEARY. (Appellate Court of Indiana, Division No. 2. Oct. 22, 1901.) Appeal from circuit court, Marion county; H. C. Allen, Judge. Replevin by Frank J. Carlin and others against Patrick C. Leary. From a judgment in favor of defendant, plaintiffs appeal. Affirmed. F. F. Moores, for appellants. Spencer & Ferris, for appellee. PER CURIAM. The judgment of the lower court is hereby affirmed. CASE v. NELSON. (Appellate Court of Indiana, Division No. 1. Oct. 25, 1901.) Appeal from circuit court, Cass county; D. H. Chase, Judge. Proceedings between Mattie J. Case and Mabel Nelson. From a judgment in favor of said Nelson, said Case appeals. Affirmed. McConnell & Jenkines and G. E. Ross, for appellant. M. Winfield and Lairy & Mahoney, for appellee. PER CURIAM. The judgment of the trial court is hereby affirmed. DAVIS et al. v. DAVIS.1 (Appellate Court of Indiana, Division No. 1. Oct. 8, 1901.) Appeal from circuit court, Madison county; John F. McClure, Judge. Action by Henry P. Davis and others against Jefferson Davis, administrator. Judgment affirmed. Walker & Foster, for appellants Bagot, Ellison & Ba got, for appellee. PER CURIAM. The judgment of the trial court is hereby affirmed. GORMLEY V. KIRKLAND.1 (Appellate Court of Indiana, Division No. 2. Nov. 1, 1901.) Appeal from circuit court, Martin county; H. Q. Houghton, Judge. Action between Thomas Gormley and James J. Kirkland. From a judgment in favor of James J. Kirkland, Thomas Gormley appeals. Affirmed. Rogers & Rogers, for appellant. J. B. Marshall and Hiram McCormick, for appellee. PER CURIAM. The conclusion reached by the trial court, as disclosed by the record, is eminently correct, and the judgment is affirmed. HERRON v. TRACY. (Appellate Court of Indiana, Division No. 1. Nov. 19, 1901.) Appeal from circuit court, Benton county; Jas. T. Saunderson, Special Judge. Action by Mary J. Herron against Alcy Tracy. Judgment of the trial court affirmed. Thompson & Storms and Davidson & Boulds, for appellant. Stuart, Hammond & Simms and Fraser & Isham, for appellee. PER CURIAM. The judgment of the trial court is affirmed. HUTTON et al. v. CUNNINGHAM et al. (Appellate Court of Indiana, Division No. 1. Nov. 19, 1901.) Appeal from circuit court, Montgomery county; James V. Kent, Special Judge. Action by Samuel M. Hutton and others against Nelson Cunningham and others. Rehearing denied, 62 N. E. 499. Judgment of the trial court affirmed. Harney & Harney, for appellants. Crane & Anderson, for appellees. PER CURIAM. The judgment of the trial court is affirmed. IMEL v. CHICAGO & S. E. RY. CO. (Appellate Court of Indiana, Division No. 1. Oct. 31, 1901:) Appeal from circuit court, Montgomery county; Jere West, Judge. Action between Oscar B. Imel and the Chicago & Southeastern Railway Company. From a judgment in favor of the latter, the former appeals. Affirmed. Hurley & Vancleave, for appellant. W. R. Crawford, W. C. Stover, and W. H. Najdowski, for appellee. PER CURIAM. The judgment of the trial court is hereby affirmed. JOHNSON V. JOHNSON. (Appellate Court of Indiana, Division No. 1. Oct. 29, 1901.) Appeal from circuit court, Huntington county; J. T. Cox, Special Judge. Action between Albert G. Johnson and Emma Johnson. From a judgment in favor of the latter, the former appeals. Affirmed. J. C. Branyan and T. Ĝ. Smith, for appellant. Spencer & Branyan, for appellee. PER CURIAM. The judgment of the trial court is hereby affirmed. KUHNER v. KUHNER. (Appellate Court of Indiana, Division No. 1. Oct. 29, 1901.) Appeal from circuit court, Howard county: W. W. Mount, Judge. Action between Gotlip C. Kuhner and Sarah A. Kuhner. From the judgment, Gotlip C. Kuhner appeals. Affirmed. Moore & Cooper, for appellant. Kirkpatrick & Morrison, for appellee. PER CURIAM. The judgment of the tria court is hereby affirmed. MILLER v. STATE. (Appellate Court of Indiana, Division No. 1. Oct. 24, 1901.) Appeal from circuit court, Allen county; E. O'Rourke, Judge. Henry A. Miller was convicted of selling liquor in less quantities than a quart at a time, and he appeals. Affirmed. W. & E. Leonard and Hugh G. Keegan, for appellant. W. L. Taylor, Atty. Gen., E. V. Emerick, Merrill Moores, and C. C. Hadley, for the State. PER CURIAM. The judgment of the trial court is hereby affirmed. O'BRIEN et al. v. BUSH et al. (Appellate Court of Indiana, Division No. 1. Nov. 15, 1901.) Appeal from superior court, Madison county; H. C. Ryan, Judge. Suit by Patrick T. O'Brien and others against Daniel W. Bush and others. From a judgment in favor of defendants, plaintiffs appeal. Reversed. Greenlee & Call, for appellants. Edmund S. Boyer, for appellees. BLACK, C. J. The question of law presented in this case is the same as that decided in O'Brien v. Bradley (No. 3,889, at this term) 61 N. E. 942, and the parties in interest contesting here are the same, the real estate here involved being another lot in the city of Elwood, purchased by the appellants at a sale under a precept for the collection of an assessment for the cost of constructing the same sewer as that mentioned in the case above named. The judgment is reversed, and the cause is remanded, with instructions to the court to restate its conclusions of law in agreement with the opinion in that case. Rehearing denied. Transfer to Supreme Court denied, PITTSBURG, C., C. & ST. L. RY. CO. v. GREB.1 (Appellate Court of Indiana, Division No. 1. Oct. 10, 1901.) Appeal from circuit court, Porter county; John H. Gillett, Judge. Action by Carl Greb against the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. From a judgment in favor of the plaintiff, the defendant appeals. Affirmed. Ñ. O. & G. E. Ross, for appellant. H. S. Barr, Johannes Kopelke, and Thomas H. Beard, for appellee. PER CURIAM. The judgment of the trial court is in all things hereby affirmed. 1139 Indiana, Division No. 2. Oct. 9, 1901.) Appeal from circuit court, Knox county; G. W. Shaw, Judge. Action by the Indiana Mutual Building & Loan Association No. 3 against Woodford C. Woods. From a judgment in favor of plaintiff, defendant appeals. Affirmed. John S. Bays, for appellant. McBride & Denny and James W. Emison, for appellee. PER CURIAM. Judgment affirmed. BESTON v. AMADON. (Supreme Judicial Court of Massachusetts. Hampden. Oct. 18. 1901.) Exceptions from superior court, Hampden county; Elisha B. Maynard, Judge. Action by Patrick Beston against Frances A. Amadon. From a judgment in favor of plain tiff, the defendant brings exceptions. Exceptions overruled. J. B. Carroll and W. H. McClintock, for plaintiff. C. L. Gardner and C. G. Gardner, for defendant. HOLMES, C. J. This case has been before the court already on substantially the same evidence, and it has been decided that the plaintiff was entitled to go to the jury. 172 Mass. 84, 51 N. E. 452. There was a little more evidence for the defense, but that, of course, the jury might disbelieve. We do not perceive upon what ground that question is raised here again. As to the second and third rulings asked, they were not literally correct, and were covered, so far as proper, by the instructions given. If the fourth request meant only that there was no evidence that the defendant's intestate knew before her return that the work had been begun, the proposition is questionable, and, in case she authorized it, immaterial. If it meant that there was no evidence that she knew that the work was to be done, that already has been decided against the defendant. Exceptions overruled. AGRICULTURAL SOC. et al. v. REBER et al. (No. 6,866.) (Supreme Court of Ohio. Jan. 22, 1901.) Error to circuit court, Marion county. J. F. McNeal & Sons and D. R. Crissinger, for plaintiffs in error. W. Z. Davis and H. N. Quigley, for defendants in error. PER CURIAM. Judgment affirmed. MINSHALL, WILLIAMS, and BURKET, JJ., concur. DAVIS, J., having been of counsel, did not sit in the case. Error (Su ALLEN V. MARVIN. (No. 6,997.) preme Court of Ohio. June 11, 1901.) to circuit court, Portage county. J. H. Nichols, for plaintiff in error. I. T. Siddall, for defendant in error. PER CURIAM. Judgment of circuit court reversed, and that of the common pleas affirmed. MINSHALL, C. J., and BURKET, DAVIS, and SHAUCK, JJ., concur. ALLENDER et al. v. ROSS et al. (No. 6,394.) (Supreme Court of Ohio. June 4, 1901.) Error to circuit court, Guernsey county. J. B. Ferguson, for plaintiffs in error. W. W. Stew. art, for defendants in error. No opinion. 1 Rehearing denied, 64 N. E. 39. See (App.) 73 N. E. 620. BANKING CO. v. SMITH et al. (No. 6,734.) (Supreme Court of Ohio. Jan. 15, 1901.) Error to circuit court, Darke county. Allread & Teegarden and John C. Clark, for plaintiffs in error. Anderson & Bowman, for defendants in error. PER CURIAM. Judgment affirmed, on authority of Pendery v. Allen, 53 Ohio St. 251, 41 N. E. 255. SHAUCK, C. J., and MINSHALL, WILLIAMS, BURKET, SPEAR, and DAVIS, JJ., BOARD OF EDUCATION et al. v. STATE ex rel. UNGER et al. (No. 6,868.) (Supreme Court of Ohio. March 5, 1901.) Error to cir cuit court, Montgomery county. Craighead & Craighead, L. S. Crickmore, W. A. Neal, and J. W. King, for plaintiffs in error. J. A. & C. R. Gilmore and R. E. Lowery, for defendants in error. PER CURIAM. Judgment reversed. WILLIAMS, BURKET, DAVIS, and SHAUCK, JJ., concur. BOGARD v. RAILWAY CO. (No. 6,501.) (Supreme Court of Ohio. March 12, 1901.) Error to circuit court, Putnam county. Thomas W. Prentiss and Leasure & Powell, for plaintiff in error. W. B. Richie, W. H. Leete and Daniel M. Bailey, for defendant in error. PER CURIAM. Judgment reversed, and cause remanded to the probate court, on the authority of State v. Sherman, 22 Ohio St. 433, and Railroad Co. v. O'Harra, 48 Ohio St. 343, 28 N. E. 175. MINSHALL, C. J., and WILLIAMS. BURKET, SPEAR, DAVIS, and SHAUCK, JJ., MEMORANDUM DECISIONS. 1141 SOLAR REFINING CO. PER CURIAM. Judgment affirmed. CODY et al. v. OLMSTEAD et al. (No. 6,- PER CURIAM. Judgment affirmed. = COLLINS v. RAILWAY CO. (No. 7,002.) (Supreme Court of Ohio. June 4, 1901.) Error to circuit court, Guernsey county. J. B. PER CURIAM. Judgment affirmed. SHAUCK, C. J., and MINSHALL, WILLIAMS, BURKET, SPEAR, and DAVIS, JJ., concur. DAVIES v. TONG et al. (No. 6,968.) (Supreme Court of Ohio. May 21, 1901.) Error to circuit court, Licking county. S. M. Hunter and J. R. Davies, for plaintiff in error. Flory & Flory and Kibler & Kibler, for defendants in error. PER CURIAM. Judgment affirmed. MINSHALL, C. J., and WILLIAMS, SPEAR, DAVIS, and SHAUCK, JJ., concur. BURKET, J., absent. DAYTON et al. v. CITY RY. CO. (No. 6,897.) (Supreme Court of Ohio. April 23, 1901.) Error to circuit court, Montgomery county. Edwin P. Matthews, City Sol., for plaintiffs in error. McMahon & McMahon, for defendant in error. PER CURIAM. Judgment affirmed. MINSHALL, C. J., and WILLIAMS, BURKET, SPEAR, and SHAUCK, JJ., concur. DORMAN GROCERY v. YOUNG et al. (No. 6,891.) (Supreme Court of Ohio. April 23, 1901.) Error to circuit court, Darke county. Allread & Teegarden, for plaintiff in erAnderson & Bowman and M. F. Myers, for defendants in error. ror. PER CURIAM. Judgment affirmed, on authority of Keever v. Hunter, 62 Ohio St. 616, 57 N. E. 454. MINSHALL, C. J., and WILLIAMS, BURKET, SPEAR, and SHAUCK, JJ., concur. DAVIS, J., absent. DIEBOLD SAFE & LOCK CO. v. BOWE. (No. 7,190.) (Supreme Court of Ohio. Jan. 29, 1901.) Error to circuit court, Stark county. Wilcox & Friend and Clark, Ambler & Clark, for plaintiff in error. Monnett & Whitacre and Hugh & McCarty, for defendant in error. PER CURIAM. Judgment affirmed. MINSHALL, WILLIAMS, and BURKET, JJ., concur. Jan. DODGE MFG. CO. et al., v. DELL et al. (No. 6,725.)(Supreme Court of Ohio. 15, 1901.) Error to circuit court, Franklin county. William T. McClure, Daniel Short. Crum, Raymond & Hedges, James C. Nicholson, and Arnold, Morton & McCoy, for plaintiffs in error. Rankin & Rector, John F. Fergus, and Kinkead, Merwine & Rhodes, for defendants in error. PER CURIAM. Judgment affirmed. DOUGLAS v. DOUGLAS. (No. 7,016.) (Supreme Court of Ohio. June 4, 1901.) Error to circuit court, Tuscarawas county. E. E. Lindsay and J. H. Mitchell, for plaintiff in error. John A. Buchanan, for defendant in error. PER CURIAM. Judgment affirmed, on authority of Fulton v. Fulton, 52 Ohio St. 229, 39 N. E. 729, 29 L. R. A. 678, 49 Am. St. Rep. 720. MINSHALL, C. J., and WILLIAMS and DAVIS, JJ., concur. BURKET and SPEAR, JJ., absent. |