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action affirmed alleged amended amount answer App.Div Appellate Division application assignment authority Bank Board cause charge Chicago Cite as 68 City Civil claim Cleveland Code Commission Common Pleas Company constitute contract corporation counsel County Court of Appeals death deceased decision decree deed defendant defendant's denied Department determine directed dismissed duty effect employee entered error evidence ex rel facts filed final finding funds further given granted ground held injury interest issue Judge judgment June jurisdiction jury limited Mass matter ment motion Municipal negligence officers Ohio operation opinion owner parties payment permit person petition plaintiff police present proceeding question reason record relating respondent reversed rule statement statute Supreme Court sustained term testimony tion trial court trust warrants wife witness York