Opinion Per Curiam. It is therefore ordered, adjudged and decreed that the prayer for a writ of mandamus be denied, and the second amended petition of the relator be dismissed. Writ refused. MARSHALL, C. J., JOHNSON, HOUGH, WANAMAKER, ROBINSON, JONES and MATTHIAS, JJ., concur. IN RE WILL OF ELIZABETH WINHOLT: Wills-Execution- Signing at end-Section 10505, General Code - Signature in body of attestation clause only. (No. 16682- Decided May 17, 1921.) ERROR to the Court of Appeals of Montgomery county. Mr. John G. Romer, for plaintiff in error. Messrs. Lenz, Sigler & Denlinger, for defendants in error. It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same is hereby, affirmed, on the authority of Sears et al. v. Sears et al., 77 Ohio St., 104. Judgment affirmed. MARSHALL, C. J., JOHNSON, ROBINSON, JONES and MATTHIAS, JJ., concur. Opinion Per Curiam. THE STATE, Ex rel. StaffoRD, v. TRACY, AUDITOR Public contracts· OF STATE. Certificate of auditor that funds available — Section 2288-1, General Code (107 O. L., 457) - Purchase of site for state feeble minded institution. (No. 16991-Decided May 17, 1921.) IN MANDAMUS. Messrs. Crissinger, Guthery & Strelitz and Messrs. Sears & Sears, for relator. Mr. John G. Price, attorney general; Mr. E. E. Corn; Mr. Robert J. Odell and Mr. William J. Meyer, for defendant. The court finds that the contract referred to in the petition is alleged to have been made under authority of an act of the general assembly passed 17th day of April, 1919 (108 O. L., 430), entitled "An act to provide for an additional institution for the custody and care of the feeble minded and to make appropriation therefor." The petition contains no allegation of compliance with the provisions of Section 2288-1, General Code (107 O. L., 457), which provides that "It shall be unlawful for any officer, board or commission * to enter into any contract, agreement or obligation involving the expenditure of money ***. unless the auditor of state shall first certify that there is a balance in the appropriation pursuant to which such obligation is required to be paid, not otherwise obligated to pay precedent obligations." And this court * * Opinion Per Curiam. is of the opinion that compliance with the requirements of that section is a condition precedent to the authority of the board to enter into the contract referred to. It is, therefore, ordered and adjudged that the demurrer to the petition be, and the same is hereby, sustained. Demurrer sustained. MARSHALL, C. J., JOHNSON, HOUGH, WANAMAKER, ROBINSON, JONES and MATTHIAS, JJ., concur. ABANDONMENT- INDEX. Public utilities commission-Jurisdiction-Notice of application ABATEMENT — Inchoate dower from purchase money - Contract to sell realty- ACCOUNTING- - Title or proceeds of shares of stock-Transfer recorded, but ACCOUNTS- Administrators and executors-Proceeds of sale of lease- ACTIONABLE NEGLIGENCE- --- Exists, when-Duty of licensor to licensee. See Hannan, Admr., ACTIONS- Substitution of cause-Appeal and error- Court of appeals - ADMINISTRATIVE CODE — --- Act establishing (109 O. L, 105) → Emergency laws - Judicial |