PAGE

terest for note handed him by maker,
he being a legatee. Pennell's Estate.. 258
Murder An accessory. - On trial for
murder as accessory it is error to ad-
mit record of conviction of principal
on which judgment has not been en-
tered. Com. v. Vitale

Attorney. Attorney for both of de-
ceased parties in a transaction out of
which a suit grows can testify as to
transactions. Schwebel, et al., V.
Wohlsen's Ex'trix
Party. Defendant called as on cross-
examination as to matters occurring
prior to the death of the plaintiff's
decedent, becomes a competent wit-
ness as to all relevant transactions
with the decedent. Id.

Husband and wife. Where a wife

....

would be incompetent to testify, the
husband is also incompetent. Id.
Expert witness-Fee. - Expert witness
may be asked what compensation he
received. Pennell v. McLaughlin
Scire facias-Not error to admit in evi-
dence though signature not proven,
where jury properly instructed. Id.
Deceased party. Surviving party com-
petent only if living witness is called,
and then only as to matters testified
to by him. Schwebel v. Wohlsen's
Ex'trix

305

369

417

422

JUDGMENT: See EXECUTION; JUSTICE
OF THE PEACE; LANDLORD AND TEN-
ANT; PRACTICE; PROMISSORY NOTE;
SCHOOL LAW.

Collateral. A judgment given as secur-
ity for one purpose may be continued
by agreement as security for another
purpose. Farmers Trust Co. V'.
Franks
Opening of Forgery.-A judgment will
be opened on the allegation of the de-
fendant that he did not sign the note
on which it was entered, where he is
corroborated by another witness, but
contradicted by the uncorroborated
testimony of the plaintiff. Pennel v.
McLaughlin

III

198

201

25

44

Mortgage. When judgment on mort-
gage bond will be opened to credit a
board bill. Weitzel v. Holbein ... ... 205

......

Opening of Note. — Judgment entered
by transference of a note will be
opened where there were parol agree-
ments and irregularities that a jury
should pass upon. Simplex Surface
Contact Co. v. Hornafius
l'alidity-Equity. - Power of equity
to inquire into validity of judgment
at instance of creditor not taken away
by Act of 1897; right to relief must
be clearly shown when petitioner en-
titled to relief, and issue should be
granted. Felser v. Wilson

JUSTICES OF THE PEACE: See
FALSE ARREST.

--

Appeal nunc pro tunc.. When should
be allowed. Queen City Motor Co. v.
Berger

-

Tucker v. Russian Aid Society
Trespass-Summary conviction. — Tres-
pass under Act of 1905 is summary
conviction and affidavit that title to
land in question will not take case to
court. Com. v. Church
Summary conviction. Must be ex-
pressly authorized by statute and
record must show affirmatively that
record was violated; proceedings for
violation of Act of April 1, 1797, as to
selling bread not summary conviction.
Com. v. Oglesby
Appeal-Costs. Will not be stricken
off for defective recognizance, which
may be perfected; appeal will be
stricken off where defendant gave bail
for future costs but neglected to pay
accrued costs. Mellinger v. Bower-

PAGE

294

331

12

25

73

152

172

PAGE

245

Physician-Summary conviction-Costs.
-Action for failure to report con-
tagious disease need not be brought
within sixty days; Act of 1909 com-
plete in itself; conviction carries
costs; court controls costs in sum-
mary conviction. Com. v. Evans ...
Service. Presumed to be made in
county where there was legal authority
to serve it. Landis Machine Co. v.
Zellner
379
Affidavit of c'aim. Not material
whether served when judgment was
not taken for want of it. Id.
Same. Magistrate cannot give judg-
ment on affidavit but only on proofs
and allegations. Id.

LANDLORD AND TENANT.
Rent. Where place of payment not
specified in lease rent is payable on the
premises; landlord who accepts rent
not paid in advance as required in
lease cannot afterwards forfeit for
non-payment in advance. Gross v. St.
Clair

Lease-Judgment. - Judgment entered
for fixed sum on lease on written
order of plaintiff's attorney without
averment of breaches of covenant or
anything to show how amount ar-
rived at will be stricken off. Schaef-
fer v. Clover Club Relief
LARCENY: See CRIMINAL LAW.

LAWYER: See AGENCY; ATTORNEY AT
LAW; EVIDENCE.

LEASE: See CRIMINAL LAW; LANDLORD
AND TENANT; TURNPIKES.

LIBEL.

Physician giving out names of slow-
pay patients. Article.

LIEN: See AUTOMOBILES;

LIEN.

113

319

216

MUNICIPAL

205

MARRIED WOMEN: See HUSBAND AND
WIFE.

MARTIAL LAW.

PAGE

Martial law in South Africa. Article .. 135
MASTER AND SERVANT: See EM-
PLOYER AND EMPLOYEE.

MORTGAGE: See AGENCY; Deeds;
DECEDENTS' ESTATES; JUDGMENT.
MUNICIPAL LIEN.

Sci. fa.-A scire facias on a municipal
lien defective in its service will not
obtain judgment nor continue the
original lien beyond the time of its ex-
piration. Pittsburgh v. McDonough.. 363
MURDER: See CRIMINAL LAW.
NATURALIZATION LAW.

Amendment. - Declaration of intention
may be amended. Skylas' Petition ...
NEGLIGENCE: See EMPLOYER AND EM-
PLOYEE; RAILROADS AND RAILWAYS.
Automobiles.-Owner of automobile not
liable for accident while machine
driven by minor son without his
knowledge or consent. McClellan v.
Rosenmiller

NEGOTIABLE INSTRUMENTS:

PROMISSORY NOTES.

NEW TRIAL: See PRACTICE.

NOTE: See PROMISSORY NOTE.

NUISANCE: See CRIMINAL LAW.

107

68

See

PARENT AND CHILD: See DIVORCE;
NEGLIGENCE.

PARTITION: See DECEDENTS' ESTATES.
PARTNERSHIP.

-

Proof of Accounting-Contract. As
between alleged partners

contract

...227, 421

must be shown, but as to third parties
one may be liable as partner by im-
plication; when receivership and ac-
counting should not be decreed. Swei-
gart v. Sweigart ...
PHYSICIAN: See JUSTICE Of the Peace.
PLEADING: See PRACTICE.
PRACTICE: See ATTACHMENT-EXECU-

TION; BENEFICIAL SOCIETIES; COLLAT-
ERAL INHERITANCE TAX; CRIMINAL
LAW; DECEDENTS' ESTATES; DIVORCE;
ELECTION LAW; EQUITY; ERRORS AND
APPEALS; NATURALIZATION; SLANDER.
Res adjudicata.-Dismissal of a case for
want of jurisdiction not a bar to sub-
sequent proceedings in proper count.
Wrightsville Hardware Co. v. Assets
Realization Co.

49

77

-

PAGE

86

189

222

230

not intervene in suit by administra-
tor. Horst's Admr. v. Order of
Otters
Assumpsit against grantee. Grantor
cannot bring assumpsit for personal
property detained on premises by
grantee. Hoover v. Haefner
Affidavit of defense.-When will not be
sent to jury though part admitted in
evidence. Id.
Same.-Sufficiency cannot be questioned
after case on trial list. Erie City Iron
Works v. Shuberth
Issue-Mistake in name.-Issue formed
by statement and plea, and defendant
being improperly named therein, ver-
dict set aside. Weitzel v. Black, Man-
ager, etc.
Points. Properly refused though cor-
rectly stating law when not applicable
to case on trial. Reutten v. Reutten.. 280
New trial-After-discovered evidence.-
If only affecting credibility of witness,
or if would not change verdict, after-
discovered evidence not ground for a
new trial. Id.
Judgment-Validity of. - Proper equi-
table relief against judgment is to
grant issue. Feldser v. Wilson ...
Judgment. On rule to open, averment
of answer as to amount taken as true
in absence of depositions. Jackson v.
Rannels
Agreement to dispense with jury.—
Under agreement to try without jury,
Act of 1874 must be followed and
judgment cannot be taken for want of
an answer to rule for judgment on
whole record. New Salem, etc.,
Church v. McClellandtown Church ...
Burden of proof. Not necessary that
words burden of proof" be used if
court in effect charge which party has
burden. Pennell v. McLaughlin

282

Holder-Fraud.-Holder without notice
can recover though he took it under
suspicious circumstances; only clear
fraud impeaches holder's title. Trust
Co. v. Martin
Alteration.-Substitution of written for
printed name of bank on note is a
material alteration and voids note un-
less plaintiff shows made with assent
of party liable, which is for jury; ad-
mission in affidavit that defendant
signed the note will not avail plaintiff
where copy in statement not that of
an altered note; no recovery where
note differs from copy in statement.
Trust Co. v. Lyte
Agency-Sale-When question for jury
whether note given for price of horse
bought at sale was given as agent
of seller. Wimer, et al., v. Harner .. 372
Limitations. - What words constitute a
sufficient promise to pay to toll statute.
Binkley v. Herr

321

385

45

339

-

of baggage not claimed for forty-
eight hours. Note

356

The decision in the Lackawanna Case.
Article

407

REAL ESTATE: See AFFIDAVIT OF DE-
FENSE; CRIMINAL LAW; ROADS.

RES ADJUDICATA: See PRACTICE.
Lien for repairs. — One having lien for
repairs on automobile cannot give
claim-property bond and retain pos-
session in replevin. Burgert v. Fitch. 420
REWARD. See CRIMES.

ROADS, STREETS AND HIGHWAYS.
Description-Intersecting roads. - What
description of intersecting road suffi-
cient in petition; not necessary to
state direction of each terminus from
intersecting road. Road in N. Co-
dorus Twp.

28

Legal status of motor vehicles and foot
passengers on the highway. Article.. 63
Drainage. Supervisors cannot change
the natural flow of surface drainage
and may revert to natural flow di-
verted for many years. Shaub .
Manheim Twp.

Opening streets-Sewers-Damages.-
Land-owner to whom damages have
been awarded for opening a street
cannot recover additional damages for
building a sewer along such street.
Carpenter . City ...

Opening of streets-Damages-Interest.
Land-owner entitled to damages for
property taken for street also entitled
to damages for detention of payment.
Davis . City

SALES: See AFFIDAVIT OF DEFENSE;
PROMISSORY NOTE,

82

297

367

.... 117

193

Sample. Vendee must notify vendor
promptly that goods not up to sample
although he agreed to try and sell
such goods. Lampher, Skinner & Co.
v. Herr
Agency.-Verdict for defendant proper
in suit for price of cigars where
bought as agent for third party. I. U.
Wolf & Son v. Solomon
Warranty. Vendee of horse where
breach of warranty shown can recover
difference between price and market
value, but not cost of re-sale. Pearce
7. Martin
Credit coin.” — Owner of lost credit
"coin" of department store is liable
for goods bought by finder of "coin'
on its credit. Wanamaker v. Megary. 396
SCHOOL LAW.

SURETYSHIP.
Sheriff's interpleader. The plaintiff in a
sheriff's interpleader cannot claim,
among other printing material that he
had bought, a printing-press and type
which he had not bought, on the
ground that when the defendant in the
execution bought it, it was agreed be-
tween them that it was to become part
of the plant and could not be re-
moved. Rudy v. Kegel
Claim by wife.- What proof necessary
to sustain. Hilton v. Leibig Mfg. Co. 217
Same.-Wife may recover horse traded
for one bought with her money.
Roth v. Bair

SLANDER.

.....

118

299

398

See

......

Contract of subscription. Article
SUMMARY CONVICTION: See ERRORS
AND APPEALS; CRIMINAL LAW; JUS-
TICE OF THE PEACE.

SURETYSHIP: See SCHOOL LAW.
Sheriff's interp'eader-Bond.-A surety
on a sheriff's interpleader bond who
was compelled to pay a judgment
against himself in a suit on the bond,
and has had transferred to him by
order of the court the creditor's judg-
ment and award in Orphans' Court
against his principal, can recover on
the same against the estate of a de-
ceased surety on the bond of the ad-
ministrator of his deceased principal,

119

PAGE

although such deceased surety was
also the creditor whose judgment he
had paid. Froelich v. Nolt's Ex. .... 116
SURFACE DRAINAGE: See REAL ES-
TATE; TURNPIKES.

TAXES AND TAXATION: See SALES;
SCHOOL LAW.

TOBACCO: See AFFIDAVIT OF DEFENSE.
TOWNSHIPS: See CRIMINAL LAW;

ROADS.

TRESPASS: See CRIMINAL LAW; Jus-
TICE OF THE PEACE; SALES; TURN-

PIKES.

TRUSTS AND TRUSTEES: See DEEDS;
WILLS.

Power to sell. When on death of an
executor and trustee named in a will,
a succeeding trustee and not a suc-
ceeding administrator c. t. a. can only
exercise the power of sale granted.
Hohein's Adm'r v. Rote
Maintenance.-Trustee may use part of
principal after interest used for main-
tenance of cestui que trust may buy
him tobacco, and should pay his board
on a farm to which he went on escap-
ing from an institution. Herr's Es

tate
Loan. When trustee who accepts ob-
jectionable loan cannot take credit for
it in account. Evans' Estate
Bank. Cannot appropriate trust fund.
Note
Guardian and ward-Commissions—In-
terest. Where money by being in-
vested at less than prevailing rates lost
for ward more than the amount of the
commissions, the guardian will be de-
prived of commissions. Shreiner's
Estate
Same.-Careless trustee chargeable with
prevailing rate of interest; trustee
who has taken commissions as admin-
istrator cannot take again as trustee;
executor of deceased trustee can, how-
ever, be compensated from trustee's
estate. Hershey's Estate ..
TURNPIKES: See CRIMINAL LAW.
Railways-Lease - Drainage. — A turn-
pike company which has leased its
road to a traction company is not
liable for flooding of adjacent lands.
Buckwalter v. L. & L. Turnpike Road
Co.

UNFAIR COMPETITION.

....

Cigar bands. When cigar band suffi-
ciently like band previously in use to
warrant injunction against its use.
Bayuk Bros. v. Henry Heymann's
Sons

Doctrine of idem sonans. Article
VENDOR AND VENDEE: See REAL
ESTATE; SALES.