AFFIDAVIT OF DEFENSE:

Sale. When in suit for price of shoes
sold affidavit is insufficient which avers
failure to continue sending shoes as
agreed without averring payment for
those received. Selz, Schwab & Co.
vs. Cohn ...
Set-off.-Affidavit averring set-off must
be specific as to source, character and
amount. Ib.

-

365

97

Note. When affidavit insufficient on
suit by payee's executors, which avers
oral contemporaneous agreement not
to collect principal, and lack of consid-
eration. Kauffman vs. Kauffman.... 101
Note-Set-off. When in suit on note
with endorsement of settlement, an
affidavit is sufficient averring a set-off
for services prior to settlement. Bard
vs. Johns .....
105
Same. When in suit on note affidavit is
sufficient setting off loss from stock
purchased for store rented from plain-
tiff who re-rented and refused posses-
sion. Rost & Co. vs. Globe Cigar Co. 148

Averments. Need not aver that expects
to be able to prove what is stated in
defendant's own knowledge. Ib.
Replevin Judgment-Practice.-A gen-
eral judgment should be entered for
plaintiff on a rule when affidavit of
defense is insufficient in replevin suit.
Salant vs. Miller.....
Sale. In suit for price of lime, affi-
davit of defense insufficient which
avers that price was to be what lime
was worth but was higher than mar-
ket price without showing how much.
Baker Co. vs. Evans....
AGENCY: See PRINCIPAL AND AGENT.
AGREEMENT: See CONTRACT.

ALDERMEN: See JUSTICES OF THE
PEACE.

APPEALS: See ERRORS AND APPEALS.
ASSIGNMENT: See DECEDENTS' Es-
TATES; RAILROADS.

ATTACHMENT: See DESERTION.

ATTACHMENT-EXECUTION.

Evidence. To recover plaintiff must
show such evidence as would enable
him to recover in assumpsit; answers
to interrogatories are primary evi-
dence. Pollock to use vs. Johnson
et al. ...
ATTORNEY-AT-LAW: See DECEDENTS'
ESTATES.

AUTOMOBILES: See JUSTICE OF THE
PEACE.

PAGE

180

384

222

Lien.-Bailee who has agreed that noth-
ing due for work done on the bailed
goods until they are delivered, has no
lien thereon. Salant vs. Miller...... 180
BANKS AND BANKING: See PROMIS-
SORY NOTES; TRUST COMPANIES.
Guaranteeing Bank Deposits. Article.. 207
Directors' liability-Bank directors are
not personally liable for losses by
fraud of president who deceived them;
only liable for their own fraud and
for gross neglect: not liable for bor-
rowing more than statutory allowance
where loans repaid. Rathfon
Locher, et al....

VS.

BENEFICIAL SOCIETIES.
Suit-Husband and wife - Benefits.
Member may bring suit against soci-
ety for benefits where constitution pro-
vides that a member may appeal to the

337

tribunals of the order but does not
say must; wife of member not a
"member" because a beneficiary;
where arrearage stops benefits for
period after payment, benefits due for
death after, from sickness beginning
during, non-beneficial period. Tucker
vs. Jr. O. U. A. M...
Husband and wife.-Wife's estate is not
liable for debts incurred by her de-
ceased husband to obtain money for
dues to a beneficial society from which
the money of her estate was derived.
Nutto's Estate

BEQUEST: See DECEDENTS' ESTATES;
WILLS.

BOND: See GUARDIAN AND WARD;
RECOGNIZANCE; TRUSTS.

BOROUGHS: See CONSTRUCTION; WATER
COMPANIES.

BRIDGES: See CITIES.

CAPIAS: See JUSTICE OF THE PEACE;
PRACTICE.

CARRIERS: See RAILROADS AND RAIL-

PAGE

121

376

CITIES: See CONSTITUTIONAL LAW.
Damages-Gutter bridge. Where per-
son is injured by stepping on defective
gutter bridge while looking straight
ahead the question of contributory
negligence is for jury where not
shown that plaintiff could have seen
the defect by looking down. Clark vs.
City
...113, 385
Damages-Defect in sidewalk.-When
person injured by stepping on defec-
tive place in sidewalk cannot recover
damages, being guilty of contributory
negligence. Stitzel vs. Marietta Boro. 117
Sewers. Opening of new system of
sewers should be by ordinance.
tion of Lancaster City....

Peti-

233

Streets. Ordinance opening a street

in southeast ward" to another street
is too indefinite. Ib.
Bridge-Court cannot compel street com-
missioner to build bridge in connec-
tion with the opening of a street.
Road in W. Lampeter Twp...... 377
Streets-Act of Jan. 31, 1857, applies to
street not on plan of Lancaster though
only partly in city. Ib.

COLLATERAL INHERITANCE TAX:
See DECEDENTS' ESTATES.

Foreign property. - Foreign personalty
but not realty estate is liable when
owner lived and died in this state.
Mentzler's Estate

Life interest.-Whole tax on legacy may
be paid at once notwithstanding inter-
vening life interest. Hildebrand's Es-

tate

18

241

259

Fish law-Act of May 1, 1909, P. L.
353, as to fishing is not unconstitu-
tional for more than one subject in
title. Com. vs. Hippy...
Health law-Health Act of April 27,
1905, P. L. 312, is not unconstitutional
because its punitive features are not
in its title. Com. vs. Grube.
Garb_law-The Act of June 27, 1895,
P. L. 395, forbidding the wearing of a
religious dress by a public school
teacher is not unconstitutional by rea-
son of religious discrimination or de-
fective title. Com. vs. Herr et al.... 313
CONSTRUCTION: See COLLATERAL IN-
HERITANCE TAX; WILLS.

Statute - Presumption.-When the lan-

129

233

guage of a statute is clear and un-
equivocal without ambiguity or uncer-
tainty it is presumed to express the
intent of the legislature and no con-
struction is necessary. Drumore
School District vs. Fulton School Dis-
trict.
Same.-Words to be taken in popular or
ordinary sense; title may aid in con-
struction; all presumptions favor con-
stitutionality. Petition of Lancaster
City....
Boroughs-Water companies.-The Act
of May 31, 1907, P. L. 355, is not un-
constitutional in allowing the taking of
property without securing damages.
Petition of Manheim Boro.....
Same. The Act of May 31, 1907, P. L.
355. is unconstitutional in confiscating
rights under its severe penalty. Ib.
Manheim Boro. vs. Manheim Water
Co.
326
Trust companies. - Words trust com-
panies" in Act of May 11, 1874, P. L.
135, refers only to those created by
special acts. Rathfon vs. Rhoads et al. 345
CONTRACT: See BAILMENT; CONTRACT;

66

CRIMINAL LAW; DECEDENTS' Es-
TATES; ELECTRIC LIGHT COMPANIES;
EMPLOYER AND EMPLOYEE; EVIDENCE;
PRACTICE; PRINCIPAL AND AGENT.
Breach-Damages.-When plaintiff can
recover for work notwithstanding de-
fects, they being caused by defendant;

321

When

113

standard fixed and facts not disputed.
Clark vs. City...
Negligence. No one can complain of
want of care in another when care is
only rendered necessary by his own
wrongful act. Mahler vs. Hartman.. 316
Negligence - Practice. - Plaintiff's con-
tributory negligence is a matter of de-
fense and is not presumed, and plain-
tiff need not disprove it in first in-
stance. Clark vs. City.....
... 385
CORPORATIONS: See BANKS AND
BANKING; CRIMINAL LAW; DECE-
DENTS' ESTATES; ELECTRIC LIGHT COM-
PANIES; EVIDENCE; TAXES AND TAXA-
TION; WATER COMPANIES.
Incorporating a name. Article.

Letter regarding change of corporation
law.

Charter-Practice.-Better practice to file
charter of first class in Prothonotary's
office before presentation to court,
but not legally necessary; advertise-
ment need not show residences of
incorporators or where meetings will
be held. Charter of St. John's Ben.
Union

Similarity.-Charter will not be refused
to St. John's Beneficial Union because
of existing society known as Knights
of St. John or because former is try-
ing to absorb latter. Ib.

COSTS: See JUSTICE OF THE PEACE;
PRACTICE.

Jurisdiction.-Orphans' Court has exclu-

sive jurisdiction over decedents' es-
tates and is not concerned about costs
in abandoned suit in C. P. Kampel's
Estate.

Practice. Where on suit for less than
$100 without affidavit and verdict
against one of two defendants and for
other, court cannot rule plaintiff at
instance of former to pay latter de-
fendant's bill of costs; bill should be
properly taxed and dispute settled by
appeal: latter defendant entitled to
costs for witnesses for himself alone.
Quarryville Bank vs. Hess and Hill,

15

128

359

61

86, 199

39

80

80

93

"Fixing up crime. Article.
Right to kill hounds. Article.
False pretense.-Knowingly and design-
edly inducing the sale of a horse by
falsely representing that it was sound
and gentle is indictable as false pre-
tense. Com. vs. Hinden..
Same-Evidence.-In such case evidence
of value of horse immaterial. Ib.
Rape - Evidence. - Statements made by
girl two days after offence in answer
to questions are not admissible to cor-
roborate her testimony on trial for
statutory rape. Com. vs. Dorwart.... 106
New trial. Will not be granted for
after-discovered evidence to impeach
credibility of a witness. Ib.
Larceny as bailee-Sale of horse.-Fail-
ure to return price for horse sold with
privilege to return and get money
back is larceny as bailee. Com. vs.
Resh

108

109

137

PAGE

140

142

225

263

may be conviction of murder on tes-
timony of accomplice alone; confes-
sion by another party implicating de-
fendant can be used against him when
made in his presence, though he was
not present voluntarily; confession not
involuntary because made in answer to
questions. Com. vs. Aston..
Trespass-Practice-Fine. - Trespass is
indictable as crime under Act of April
14, 1905; any act made unlawful is in-
dictable; imposition of fine and pen-
alty contemplates criminal proceeding.
Com. vs. Peaco.
Larceny as bailee.-When lessee of per-
sonal property liable for selling it.
Com. vs. Mantia
Indictment.-Indictment is had for du-
plicity where two offenses constituting
different violations of law are con-
tained in one count. Com. z's. Grube. 259
Compensatory administration of crim-
inal law. Article....
Forgery-Health officer.-Indictment for
forging name of health officer to
recommendation of preparation is
valid without stating that anybody was
prejudiced. Com. vs. Moore... 389
Liquor laze Indictment for selling
liquor without license founded on no-
tice to constable is sufficient though
notice does not set forth the manner
of violation of law, names of persons
to whom sold, or that they were un-
known. Com. vs. Fowl.....
390
Practice. While improper except in
case of pressing necessity to send in-
dictment to grand jury without hear-
ing or consent of court, court may
give approval by dismissing motion to
quash. Com. vs. Fowl....
Indictment Practice-Partnership.
Corporation.-Indictment against indi-
vidual members of partnership or cor-
poration on return against partnership
or corporation is fatal variance.
vs. Grebe

-

Com. vs. Rieker.

Com.

390

391
392

5