March 31, criminal procedure
1869, April 15, desertion
1874, April 29, corporations
1876, May 14, satisfaction of judgments... 264
1879, February 23, judgment docket
April 21, election to take against will 132
July 7, magistrate's practice
1893, June 8, married women
Appeal from alderman.-Affidavit on ap- peal may raise question of jurisdiction of alderman. Strasser v. Seaman Paragraphs-Affidavit which denies aver- ments of statement but not by para- graphs. McFadden v. Co-op. Pub. Co. 38 Sale-Agency-Affidavit averring can- cellation of order to agent to whom order to purchase given sufficient. Ox- weld Acetylene Co. v. Balmer Sale-Delay-Defect.-Affidavit sufficient averring as set-off damages failure to deliver at right time and place; aver- ment of loss for defect insufficient where defendant kept goods. Clymer B. & C. Co. v. Detweiler Sale. When affidavit claiming damages in faulty setting up of machinery bought sufficiently specific and when not. Dixie Mfg. Co. v. Lebzelter .... 133 Sale - Price Agent. Affidavit suffi- cient in suit for price which avers settled with plaintiff's agent without naming him or averring authority; allegation that no price expressly agreed upon sufficient. Habecker v. Baker Surety. When in suit on joint and sev- eral bond affidavit insufficient which avers agreement to sign joint bond.
May 14, practice...17, 19, 38, 43, 118, 145,
Fulton Farmers' Ass'n v. Bomberger et al.
Failure of principal to sign..
prevent recovery from sureties, but affidavit insufficient in denial of exe- cution. Id.
Belief-Not necessary to aver belief in allegations: this is presumed. Rice v. Rice Information and belief.-Affidavit of de- fense which alleges facts on informa- tion and belief, must also allege that defendants expects to be able to prove them. Jackson v. Jackson AGENCY: See AFFIDAVIT OF DEFENSE; EVIDENCE; MOTOR VEHICLES. AGREEMENT: See CONTRACT. ALDERMAN: See JUSTICE OF THE PEACE. AMENDMENT: See JUDGMENT; MUNI- CIPAL LIEN; PRACTICE,
ARBITRATION: See EQUITY; PRACTICE. ASSIGNMENT: See PROMISSORY NOTE. ATTACHMENT EXECUTION: See
ATTORNEY-AT-LAW: See LAWYER, AUTOMOBILES: See MOTOR VEHICLES. BAILMENT.
Sale. When contract bailment and not conditional sale; part replaced on bailed property belongs to bailee; creditor cannot recover contingent in- terest of bailee. Hughes v. Murphy.. 21 BANKRUPTCY. Judgment-Practice.
Discharged when properly scheduled; proper practice to move to open to raise question. Shaub v. Shaub
BANKS AND BANKING: See JUDG- MENT; MARRIED WOMEN; PROMISSORY NOTE.
BENEFICIAL ASSOCIATION: See IN- SURANCE.
Dues-Notice.-Burden on association to show notice of arrears; possession of pass book showing indebtedness by calculation not sufficient notice. Kiehl v. Red Rose Ben, Ass'n.... BOND: See PRACTICE; SURETYSHIP. BOROUGHS.
Tax on telephone poles-Contract.-Must be only for costs of inspection; suit for must await determination
amount under Act of 1905; borough not bound by ordinance accepting privilege at stipulated price. Marietta v. Telephone Co.
CHECK: See BANKS AND BANKING; CON-
First class.- Corporation of first class does not transact business; under supervision of local court; meetings should be held where incorporated; court should be advised of conditions of membership; anti-tobacco charter refused. Charter of No-Tobacco Corp. 188 Two purposes. Proposed corporation
should not have two or more distinct purposes. Id.
COSTS: See DIVORCE; EQUITY; SHERIFF'S INTERPLEADER; WILLS.
Taxation. Items objected to must be specified on appeal; reprinting of opin- ion by appellee_taxable as part of costs. Shover's Estate Trespass Title to land.
Plaintiff en- titled to full costs on verdict for one dollar where pleadings show title to land in question; certificate unneces- sary. Ferguson v. Ferguson
CRIMINAL LAW.
Accomplices. Evidence of sufficient to convict. Com. v. Evans Character. Evidence of must be con- sidered with other evidence. Id. Fornication and bastardy - Maintenance -Insolvency. When defendant dis- charged for insolvency must be com- mitted. Com. v. Randolph Fish lare Summary conviction.-On ap- peal to quarter sessions from summary conviction guilt must be shown beyond reasonable doubt. Com. v. Anderson. 88 Constable. Costs may be imposed on constable by jury; when prosecutor should be relieved of costs imposed by jury. Com. v. Murphy and Killinger.. 134 Conspiracy to kidnap.-Indictable at com- mon law. Com. v. Newhouser and Richmond
Assault and battery-Conspiracy.
persons combining in assault is con- spiracy to commit an illegal act. Id. Gambling. When indictment for suffi- cient notwithstanding misuse of words. Com. v. Izzer ...
Murder. When evidence insufficient to sustain plea of self-defense as sudden passion. Com. v. Psaros ... Murder-Defendant cannot complain of erroneous instruction which did not influence verdict. Id. Murder-Evidence.-No defense that de- ceased was fugitive from justice and such evidence properly excluded. Id. Malicious mischief Common law of- fense when outside of statute; words contrary to Act of Assembly" do not make indictment void. Com, v. Groff. 195 Malicious mischief-Indictment for lies at common law for acts outside of statute; when too trivial. Com. v. St. Clair
dictment for nuisance lies against a railroad for maintaining a dangerous crossing. Com, v. P. R. R.
Services as nurse and physician.—When exceptional allowance made. Id. Equity-Will not decree resulting trust against administrator for interest of third party under dealings with dece- dent. Witmer v. Neilson Administrator-Real estate. Adminis- trator holds profits of real estate for heirs and not for creditors. Id. Administrator-Trust.-When adminis- trator fails to prove case in suit against an executor for money gotten by de- fendant's decedent from plaintiff's de- cedent and held in trust; trust cannot be set aside by the creator of it or his personal representative. Coulter, Ad- m'r v. Rowe, Ex. Note-Husband and wife-Interest.—In- terest should be allowed on note given by decedent to wife although not specified Judgment.-Lien of not lost because ad- ministrator did not sign sci, fa, as such; such lien without limit against heirs. Bowman's Estate Trusts Diminution of fund. When trust fund with power to use principal, found diminished on death of trustee insolvent raises no presumption of fraud. Rudy's Estate 167 Mortgage-Affidavit of defense.-In an action of sci, fa, sur mortgage an affi- davit of defense is insufficient which avers that the mortgage was ordered by court for payment of debts be- cause of false representations; such decree cannot be attacked collaterally though not binding on parties, with- out notice. Jackson's Adm'r v. Jack- son's Adm'rs 236 Married woman's separate estate. - Not ordinarily liable for medical attendance but made so. Id.
Funeral expenses-Undertaker not com- pelled to testify what coffin cost him; entitled to charge according to cir- cumstances. Bant's Estate
Services. When claim for services by decedent's niece allowed. Heitler's Estate
DEPOSITIONS: See ROAD Law.
DESERTION: See DIVORCE; MAINTEN-
ANCE; PARENT AND CHILD. DEVISAVIT VEL NON: See WILLS. DIVORCE.
Discontinuance.-Allowed only by leave of court; should be refused after master reports against divorce where for purpose of introducing additional evidence. Kettering . Kettering.... 32 Alimony-Not allowable when wife de- serts husband but allowable when she is guilty of cruel treatment or indig- nities; master should pass on question of alimony. Heller v. Heller Child Maintenance. Divorced father liable for maintenance of child. Com. v. Walburn
Insanity. Not ground for divorce. Strandness v. Strandness Costs. In disposition of court; court may put costs of a stenographer on county; proper fee of master. Shaw V. Shaw Desertion.
- Divorce not allowable for desertion when parties never lived to- gether. Dean v. Dean Desertion. Must be proved as alleged; what constitutes desertion by libellant instead of by respondent. Brown v. Brown...
EJECTMENT: See PARTITION.
ELECTRIC POLES: See BOROUGHS.
Storms. When company liable for in- jury by wires blown down. Note.... 144 EMPLOYER AND EMPLOYEE: See CHILD LABOR LAW; PARENT CHILD;
WORKMEN'S COMPENSATION
Unsigned contract.-Can be recovery on. Horner v. Roland's Ex. EQUITY: See DECEDENTS' ESTATES; REAL ESTATE.
Practice Bill dismissed where certifi- cate of insufficient time to print filed but printed copy not marked filed within twenty days. Eby v. Eby As defense. Pendency of bill no de- fense to suit at law. Tripple v. Power Co.
Way-Damages. — Equity will not re- strain public use of way at suit of in- dividual unless special damages shown; doubtful right should be settled at law. Miller v. Gibble ... I ́av.-Equity has no jurisdiction where
of referee for plaintiff can not be opened by defendant because interests and costs not allowed. Kopcke v. Schwartz Same-Laches-Delay of over year de- prives party of right to object to ref- eree's report: court, however, can enter final decree any time. Id. Injunction against suit.-Will not be al- lowed against suit interfering with manufacture of unpatented article. Watson Mfg. Co. v Watson Report of referee.—Where referee over- rules motion to dismiss bill no appeal lies unless defendant elects to stand on plaintiff's proofs. Deubel v. Walsh.. 266 EVIDENCE: See CRIMINAL Law. Character-Must be considered in con- nection with other testimony. v. Evans Husband and wife-Agency-Husband's agency for wife being established, his book of original entry is admissible in suit against wife for work and mate- rials ordered by him. Acme Elec. Co. v. Dickey Lease Modification of.-Terms of writ- ten lease cannot be modified by uncor- roborated testimony of tenant; evi- dence of prior negotiations not suffi- cient. Morrison v. Altland Note. In suit on renewal note proof that original note was not in posses- sion of third party before maturity sufficient to justify verdict for plain- tiff. C. & B. Stone Co. v. Hook Fraud. Must be proved; never pre- sumed. Steigerwalt v. Steigerwalt Amendment. - Matter of right if sub- stance of complaint not changed. Wit- mer v. Neilson ...
Witness as to conversation.-Cannot tes- tify to what other witness said in ab- sence of opposing party except as affecting credibility and only as to facts which were admissible by party as part of case. Frey v. Barr Law suit.-Pendency of bill in equity no defense to. Tripple v. Water and Power Co.
FEEBLE-MINDED PERSON: See Lu- NACY.
FEES: See COSTS; NOTARIES PUBLIC. FICTITIOUS NAME: See PRACTICE. FIRE INSURANCE: See INSURANCE. FISH LAW: See CRIMINAL LAW. FOREIGN ATTACHMENT.
Domicile-Power to quash. - Domicile matter of intention; temporary re- moval no change; court may quash writ on evidence dehors record. Gray- bill v. Hoover ... FORNICATION AND BASTARDY: See CRIMINAL LAW.
FRAUD: DECEDENTS' ESTATES; EVIDENCE; HUSBAND AND WIFE; PROMISSORY NOTE; REAL ESTATE,
GAMBLING: See CRIMINAL LAW. GIFT: See MARRIED WOMEN.
GUARDIAN AND WARD: See LUNACY, HUSBAND AND WIFE: See EVIDENCE; DECEDENTS' ESTATES; MAINTENANCE; PARENT AND CHILD; WILLS. Contract for services to husband.-Com- pensation may be recovered by wife. Note
Articles of separation. When not set aside for fraud. Steigerwalt v. Stei- gerwalt
Ante-nuptial conveyance-Deprives wife of interest in real estate. Weaver v. Welsh
INJUNCTIONS: See EQUITY,
of whom is liable primarily and one secondarily; such entry cannot be amended. Shaub v. Shaub Entry on used confession. — Judgment cannot be entered on confession al- ready used; both judgments stricken off. Agricultural Trust Co. v. Shaub. 84 JUSTICE OF THE PEACE,
Jurisdiction. Justice has no jurisdiction in action for negligence of defendant or his servant. Miller v. Rorabaugh.. Appeal-Question of jurisdiction can be raised by affidavit of defense on ap- peal; words "by force" in_transcript do not show jurisdiction. Strasser v. Seaman Certiorari.
Judgment under act of 1879 "by default defective; should be for want of affidavit of defense. Cowan v. Meyer .. Appeal-Form before magistrate imma- terial and plaintiff need not disclaim one where action described as "tres- pass or assumpsit." Herr v. Witmer. 43 Motor collision.-Justice has jurisdiction where defendant drove his team into plaintiff's automobile. Sprout v. Kirk. 29 Married woman.-Judgment of opened on allegation that it was given for husband's debt although note purports to be given for her personal benefit. Haefner v. Mowery Set-off-Appeal.-Set-off not barred on appeal because not presented before magistrate. Habecker v. Baker Conclusive.-Judgment conclusive as to matters contained in it. Jackson v. Jackson Judgment.-Must show hour when hear- ing was held and judgment rendered by default. Baldwin v. Kent KIDNAPPING: See CRIMINAL LAW, LACHES: See EQUITY.
Nuisance. No constructive eviction by by until tenant vacates. Note
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