PAGE

301

Note. In action by holder of note against maker, affidavit insufficient which avers that bonds for which it was given were never delivered, as holder knew. Trust Co. v. Martin... 282 Real estate-Price of.-In suit for purchase money for real estate, affidavit sufficient which avers encumbrances though plaintiff expected to pay them out of purchase money. Knapp v. Adams Rental of machine. In suit for rental of machine under contract providing that defendant was to repair it with parts provided by plaintiff, affidavit insufficient which avers that machine was worn out, antiquated and useless. Pneumatic Scale Co. v. Ideal Co. .... 302 Sale-Modification of written contract by parol Fraud. Affidavit which modifies written contract of sale sufficient where showing parol inducement amounting to fraud, though contract provided that no agent could modify its terms. J. B. Colt & Co. v. Dieffenbach Note. When in suit on note affidavit sufficient which avers a parol agreement leading to execution of note as to conditions under which it should be paid which have not yet arisen. Huye v. Leed

Sale-Set-off.

337

377

386

When in suit for price of truck tires affidavit insufficient averring set-off in adjusting tires. Swinehart v. Bowermaster Express company-Liability for loss.In action against an express company for loss in value of horses shipped, affidavit is sufficient which avers that the damage, if any, was not caused by the defendant; liability not that of common carrier; not a defense that horses brought a larger sum in market after delivery than valuation given company. Detweiler v. Express Co... 401 AGENCY: See AFFIDAVIT OF DEFENSE;

NEGLIGENCE; PROMISSORY NOTE; SALE. ALDERMEN: See JUSTICES OF THE PEACE.

Attorney Mortgage.-Extent of agent's

authority shown by his course of deal-
ing, ratified by his principal; mort-
gagee who receipts for on record part
of principal and accepts interest paid
to his attorney without objection will
be compelled to credit a subsequent
payment of principal which his attor-
ney fails to pay over. Goll v. Den-
linger

Same. Where mortgagor pays to attor-
ney who represented both mortgagor
and mortgagee part of principal, which
is paid over without objection to the
mortgagee, but the attorney fails to
turn over a subsequent payment of the
balance of the principal, a satisfaction

85

Rights of members-Rules and by-laws -Waiver. Member must resort to society's tribunals before courts; what rules not unreasonable; appearance at hearing in lodge waives irregularities in notice. Neff v. Schied, et al. ...... 249 Equity-Remedy.-Bill for reinstatement proper remedy for expelled member. Id.

Same.-Member of society bound by its rules and by-laws. Id.

Hart . Sheaffer, et al.

Same.-Plaintiff cannot recover benefits unless he proves he was beneficial under by-laws. Id.

Agency-Practice.-Service on insurance commissioner allowable and valid

333

though society has not designated
commissioner as agent under Act of
1895. Rago v. Federation of Sick
Benefit Societies

CEMETERIES: See DECEDENTS' ESTATES.
See JUSTICES OF THE

CERTIORARI:

PEACE.
CHAMPERTY: See ATTORney-at-Law.
CITIES: See MUNICIPAL LIEN; ROADS,
STREETS AND HIGHWAYS.

COFFEE: See CRIMINAL Law.
COLLATERAL INHERITANCE TAX.
Appeal. Appeal from appraisement of
real estate must be taken within thirty
days. Coates' Estate
Devise as commissions.

Tax on farm
devised to executor in place of com-
missions should be computed on its
value less amount of commissions.
Montgomery's Estate

Bequest in remainder.-Tax on person-
alty bequeathed in remainder should
be paid at once. Id.
Remainder-Co latera's.-Where person-
alty is bequeathed to collateral kin for
life with remainder to collateral kin,
the tax should be awarded on the
whole bequest; Sec. 3, Act of May 6,
1887, does not apply. Montgomery's
Estate

'Condition or contingency," in Sec. 6,
Act of May 6, 1887, are not a qualifi-
cation, but a designation. Id.
Presumed decedent's estate.-Not liable
for tax. Burnite's Estate

CONSTABLE: See FALSE ARREST; JUs-
TICE OF THE PEACE,

PAGE!

Minor. Can disaffirm contract and re-
cover money paid if not benefited.
Eshleman v. Kirk Johnson & Co. ....
Husband and wife.-Wife bound by con-
tract to improve her separate estate
made by husband in her presence.
Leeking v. Wenger ..
Waiver of exact terms.-Where parties
all along have recognized an agree-
ment as in force although by its exact
terms they might have terminated it,
the defendant cannot claim on suit
that the plaintiff cannot recover be-
cause he did not comply with it.
Sheaffer v. Eichenberg
Building contract-Time of completion-
Waiver.-Completion on certain date
waived by owner making part payment
and permitting completion later; what
constitutes substantial compliance with
stipulation as to time of completion.
Ingram v. Brientnall

PAGE

185

89

381

Stock-Assignment of debtor. - Owner
of corporate stock cannot, while obli-
gated in excess of his assets, and hav-
ing entered into a new business involv-
ing large indebtedness, convey same
without consideration to his children.
Nauman, Assignee, v. Woods ........ 265
Charter-Whether corporation exceed-
ing its charter rights cannot be in-
quired into collaterally but only by
state. Woelpper v. Water Co.
Buckwalter v. L. & L. T. R. Co.

273

345

52

14

109

292

317

Stipulations restricting judicial func-
tions. Article

CRIMINAL LAW: See EVIDENCE.

Amendment. - Name of defendant may

be corrected in indictment.
Rupp

Motor vehicles.

55

Com. v.

65

-

When indictment for

operating while intoxicated sufficient.
Id.

-

65

Stolen goods-Costs. Grand jury can-
not impose costs on prosecutor on in-
dictment for receiving stolen goods.
Com. v. Hartman
Murder.-Facts must be shown by Com-
monwealth which would warrant jury
in finding intention. Com. v. Arnett.. 125
False pretense.-Pretense that defendant
could cure with a promise to cure a
disease indictable. Com. v. Howard.. 131
Larceny Quashing indictment.—Indict-
ment not quashed because pipe alleged
to be stolen was attached to land.
Com. v. Snavely, et al.
Same. Indictment only quashed for
reasons apparent on record. Id.
Murder-Amendment.-Indictment may
be amended where date not yet arrived
is averred as time of commission of
murder. Com. . Vitale
153

134

Murder Jurors.-Judge may determine
number of jurors to summon on
special venire. Id.
Same. Challenge to jurors who con-
victed accomplice overruled. Id.
Points. Defendant's points may be an-
swered in the general charge; point
may be modified or refused if liable
to mislead jury; point assuming as
true facts in dispute should be re-
fused. Id.

PAGE!

Notes of hearing. - Cannot be read to
jury by attorney on trial. Id.
Murder-Verdict.-On murder trial ver-
dict of guilty with recommendation
of mercy receivable. Com. v. Vitale.. 161
Note-Larceny by bailee.-One who ob-
tains a note for renewal, and trans-
fers it to third parties is guilty of
larceny by bailee; when actual conver-
sion takes place. Com. v. Dissinger.. 177
Tuberculous animals.-When indictment
good for driving tuberculosis animals.
Com. v. Falk

Invalid section of act.

-

Indictment

185

189

drawn under good if good under other
section not invalid. Id.
Tuberculous animals.-When indictment
for selling valid. Com. 7. Falk ..... 188
Same. When indictment for failing to
report case valid. Com. v. Weber ...
Reward for arrest. Person who made
arrest entitled to reward and not per-
son who furnished information. Ring-
ler v. Bushong
Assault. Complaint must allege on
whom assault committed. Com. '.
Hastings
Indictment-Grand jury.—If timely no-
tice given indictment may be acted on
at different term from one to which
recognizance returnable. Id.
Demurrer. May be considered as mo-
tion to quash. Id.

Murder-Jurors.-Jurors who have con-
victed an accessory not qualified to sit
at trial of another accessory for same
murder. Com. v. Vitale
Same. Where challenges for cause
should have been sustained, new trial
should be allowed. Id.

Assault. Assault and battery against
three persons may be charged as a
single offense in one count of an in-
dictment. Com. v. Hastings
Trespass on right of wav-Lessee.-Les-
see of right of way within trespass
act of 1905; suit may be brought in
name of Commonwealth alone. Com.
v. Austin

Turnpikes-Indictment.-Indictment for
failure to repair pike "at Washington
Borough" sufficiently specific. Com. v.
C. & W. Turnpike Co.
Veterinarian Failure to report disease.
-Veterinarian not liable who pro-
cures and exhibits tuberculous organs

211

262

308

335

339

340

349

374

Flaws in prison system. Article
Health laws-Coffee.-Pure Food Act of
1909 does not embrace coffee; must be
strictly construed with regard to com-
mon understanding of language. Com.
v. Einhorn
381

Nuisance-Soliciting.-When indic:ment
for nuisance for soliciting on street
does not set forth a nuisance but sets
forth an indictable off nse at common
law; what allegat on of improper con-
duct too general to constitute criminal
offense. Com. v. Minnie Sta'cup .... 393
Habeas corpus-Pract ce.—A hear ng on
habeas corpus evidence must be suff-
cient upon which a verdict of guilty
would be permitted to stand. Com. v.
Collins

395
Nuisance Practice. Commonweal h
may take exceptions to ruling of court
in nuisance; court cannot give binding
instructions to convict unless facts are
admitted and the case submitted to the
court on the law. Com. z. Mason-
heimer
405
Disturbing a religious meeting. Article. 423
DAMAGES.

Liquidated damages or penalty. Article. 15
DECEDENTS' ESTATES: See BENE-

FICIAL SOCIETIES; COLLATERAL INHERI-
TANCE TAX; TRUSTS; WIDOW'S EX-
EMPTION; WILLS.
Partition-Illegitimates-Prescription-
Presumption of death. When parti-
tion will not be awarded to children
of deceased illegitimate children of
the decedent, the real estate having
vested either in the decedent's son
who had disappeared, notwithstanding
a legal presumption of his death, or
in the decedent's daughter-in-law, by
prescription. Sheaffer's Estate
Claim for labor. When should be dis-
allowed. Winters' Estate ...
Sale for debts. - Lien of first mortgage
not discharged by sale for payment of
debts, though scheduled, unless mort-
gagee agrees and same is announced
at sale. Waller's Estate ...
Same. An order to sell a decedent's
real estate for payment of debts

should not be revoked because the

9

25

333

Wilson's

Claim for boarding. When not suffi-
ciently sustained against estate of
claimant's mother-in-law. Shenk's
Estate
Cemeteries. Cannot accept legacy to
keep lot in repair where part of pur-
chase money set apart for that pur-
pose. Rieker's Estate
Note. When note handed by decedent
to executor who was also executor of
decedent's widow, the payee, allowed.
Pennell's Estate
Remainders.-When legacies in remain-
der will not be awarded to the per-
sonal representatives of legatees in re-
mainder who died before the termina-
tion of the particular estate. Killin-
ger's Estate

Wills. When after will set aside and
proceedings to reinstate it not per-
fected, estate distributable as intestate.
Hohein's Estate

Debts paid by widow.

PAGE

75

77

70

182

209

Limitations.-

DEED: See EQUITY; REAL ESTATE.
Charge. When charge payable on death
of grantor is payable to his next of
kin and not to his executor. Hoffer
v. Hoffer
Consideration.-May be shown different
from sum named in deed, but not dif-
ferent from sum sued for as purchase
money. Hoover v. Haefner
Re-conveyal Mortgage Trustee
Fraud.-Equity will not enforce oral
agreement to re-convey amounting to
defeasance, nor declare grantee trus-
tee ex maleficio in absence of fraud.
Good v. Fehl

-

Trust. When deed, both parties to
which are dead, not shown to have
been in trust, and no trust arises by
operation of law. Schwebel v. Wohl-
sen's Ex'trix
Building restriction.-When erection of
double house a violation of restriction
that only one house can be erected on
a lot. Anderson v. McGuire
DEPOSITION: See PRACTICE.

PAGE

99

189

241

369

..... 418

Service.-Act of 1913 does not alter re-
quirement of alias subpoena before
publication. Becket v. Becket
Alimony. Defendant who has nothing
but what she earns in a factory will
be allowed alimony and counsel fee.
Ruetten v. Ruetten
Cruel treatment.-Where in divorce pro-
ceedings for cruel treatment the de-
fense is retaliation, the defendant
must show that the retaliation was not
excessive. Ruetten v. Ruetten ..
Alias subpana - Publication — Fraud.-
While service by publication of alias
subpoena when respondent could easily
have been found in the county is
fraud, a decree founded thereon will
not be opened unless petition shows a
defense. Boyer v. Boyer
290
Cross bill-Practice.-Cross bill for di-
vorce from libelant may be filed after
ex parte hearing and a recommenda-

289

tion of divorce by the master. Kaiser
v. Kaiser
Cruel treatment. Divorce will be
granted a wife who refuses to live
again with a husband after he left her,
on account of his cruel treatment of
her. Id.
Desertion

Cruel treatment. — Cruel
treatment as a defense for desertion
must be such as would entitle the re-
spondent to a divorce; intercourse
after desertion without reconciliation
not bar to divorce for desertion. Ster-
ner. Sterner
Desertion. When evidence shows con-
sent to desertion which bars divorce.
Ames v. Ames

DOMESTIC ATTACHMENT: See Ar-
TACHMENT.

DRAINAGE: See REAL ESTATE; TURN-

PIKE.

EJECTMENT: See EQUITY.

PAGE

364

387

389

Rule for.-Rule allowed although re-
spondent avers petitioner does not
own property and came into posses-
sion by force, for which he is under
indictment. Albright's Petition ...... 115
ELECTION LAW.

Bond. - Bond may be filed any time
within ten days after amount fixed in
contested election; sufficient if peti-
tion set forth prima facie case with-
out express averment of illegality.
Golden's Contested Election

Possession. - Petition for rule to bring
ejectment should be dismissed where
petitioner concededly had life estate.
Johnson's Petition
Improper registration.

Names should
be stricken from the registry list
which were handed in without per-
sonal application and inserted without
alphabetical separation or residence
given. Redstone Township Registra-
tion

311

344

Jurisdiction. Not taken by remedy at
law provided by subsequent statute
where equity had jurisdiction origin-
ally. Felser v. Wilson
Plaintiff's averments. Not being sup-
ported by more than one witness, can-
not be sustained. Schwebel, et al., 2'.
Wohlsen's Ex'trix

ERRORS AND APPEALS.
Assignments of error.

330

369

Reasons given

169

by court below for its action not as-
signable. Lentz . Raum
Same. Assignments must be self-sus-
taining. Id.

Summary conviction. — Appeal from to
Superior Court is by certiorari and
court does not consider testimony, but
only regularity. Com. 2. Evans
... 245
EVIDENCE: See DEPOSITIONS.
Contract-Specific performance. - Parol

evidence may identify and locate sub-
ject of contract for specific perform-
ance. Wrightsville Hardware Co. v.
Assets Realization Co.
Declarations made in sleep. Article
Crimes-Accomp ice. - Evidence of ac-
complice should be received with cau-
tion in murder trial and should not
lead to conviction if uncorroborated.
Com. v. Vitale ....
Same-Principal and accomplice. — Rec-
ord of conviction of principal admis-
sible on trial of accomplice. Id.
Introduction of evidence in appeal. Ar-
ticle
Invoice and revenue book. When in
suit for price of cigars, invoice
marked by defendant to plaintiff
with direction to charge goods to de-
fendant in revenue book is admitted,
the revenue book is also properly ad-
mitted. Wolf & Son . Solomon ..
Judicial notice - Board. Where not
proven, the court may find the value
of board when essential to case as
lowest usually charged in vicinity.
Schoenberger 7. Spencer, Ex. ....
Fire insurance-Proofs of loss-Waiver.
-In suit on policy letter denying lia-
bility of company received after
proofs of loss were submitted is not
admissible where proofs of loss were
filed too late. Edelson z'. Ins. Co.
Note of decedent. When executor of
maker and administrator of payee
competent to testify against his in-

49

135

153

167

193

198

201