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March 31,

crimes

64

March 31, criminal procedure

1869, April 15, desertion

46

April 20, insane persons

1874, April 29, corporations

1876, May 14, satisfaction of judgments... 264

1879, February 23, judgment docket

78

66

April 21, election to take against will 132

66

July 7, magistrate's practice

36

1893, June 8, married women

180

1895, June 25, divorce

55

1897, May 26, judgment

79

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68

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.

66

May 3, widow's exemption

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May 13, Child Labor law

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May 14, practice...17, 19, 38, 43, 118, 145,

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Fulton Farmers' Ass'n v. Bomberger
et al.

Failure of principal to sign..

Does not

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

SALES.

-

ATTORNEY-AT-LAW: See LAWYER,
AUTOMOBILES: See MOTOR VEHICLES.
BAILMENT.

PAGE

221

228

236

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

.81, 82, 84

BANKS AND BANKING: See JUDG-
MENT; MARRIED WOMEN; PROMISSORY
NOTE.

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Cashier must tell

58

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

of

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-

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185

269

144

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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.

PAGE

28

199

.25, 47

57

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.

Two

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 ...

-

135

144

191

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

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186
No in-

dictment for nuisance lies against a
railroad for maintaining a dangerous
crossing. Com, v. P. R. R.

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95

.105, 209

114

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.

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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.

PAGE

248

109

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.

ELECTRIC WIRES.

54

63

86

107

III

231

Storms. When company liable for in-
jury by wires blown down. Note.... 144
EMPLOYER AND EMPLOYEE: See
CHILD LABOR LAW; PARENT
CHILD;

LAW.

AND

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

227

43

145

168

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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.

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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,

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131

140

217

48

24

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77

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.

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36

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.

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179

211

236

247

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Nuisance. No constructive eviction by
by until tenant vacates. Note

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