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OF

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT OF OHIO.

REPORTED BY

EMILIUS O. RANDALL,

SUPREME COURT REPORTER.

NEW SERIES.

VOLUME LXVII

NORWALK, OHIO

THE LANING COMPANY, PUBLISHERS

Entered according to Act of Congress, in the year 1903,

BY E. O. RANDALL, FOR THE STATE OF OHIO,

In the Office of the Librarian of Congress at Washington.

Aes. Feb. 23, 1904.

JUDGES OF THE

SUPREME COURT OF OHIO.

For the time commencing February 9, 1902, and ending February 9, 1903.

HON. JACOB F. BURKET, CHIEF JUSTICE,

HON. WILLIAM T. SPEAR,

HON. WILLIAM Z. DAVIS,

HON. JOHN A. SHAUCK,

HON. JAMES L. PRICE.

HON. WILLIAM B. CREW.

JUDGES.

ATTORNEY GENERAL,

HON. JOHN M. SHEETS.

ASSISTANT ATTORNEY GENERAL,

GEORGE H. JONES.

Clerk,

LAWSON E. EMERSON.

Deputy Clerks,

JOSEPH G. OBERMEYRE, ANDREW S. IDDINGS

Marshal and Law Librarian.

FRANK N. BEEBE.

Assistant Librarians,

E. HOWARD GILKEY.

JOHN W. SHAW.

Marshals of the Court,

ANTHONY W. BUCKMASTER SHERMAN A. CUNEO,

LOUIS MCCALLISTER.

Reporter,

E. O. RANDALL

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To the Honorable the Supreme Court of Ohio: Your committee heretofore appointed by you to prepare and present to this court a nemorial commemorative of the life, character and public services of the late Chief Justice of this court, Honorable Marshall J. Williams, respectfully submits the following:

Marshall J. Williams, son of Doctor Charles M. and Margaret J. Williams, was born in Fayette county, Ohio, February 22, 1837, and died in Columbus, Ohio, July 7, 1902. His early educational advantages were substantially limited to the common schools incident to a sparsely settled country, as was Fayette county during his boyhood days; yet he made the most of such limited advantages as he had, and before his majority he taught several terms of country school, and was a student for a time at the Ohio Wesleyan University at Delaware, Ohio. He early chose the law as his profession, which he studied in connection with his teaching and course of study at Delaware, and had completed the course of law study when he was twenty years of age. Being eager to practice his chosen profession and being unable to obtain

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