after other rights have intervened;
not allowed where personalty be-
Shaub's
instead" of it.
queathed
Estate

-

Rent. Where will directs executor to
rent real estate he may allow heir to
live in it in return for services in set-
tling estate. Ib.
Commissions. - Executor who commin-
gles estate money with other accounts
and neglects his duties will be denied
commissions. Evans' Estate...
Account-Distribution.-When court will
save intermediate accounts as between
a trustee and executor of the cestui
Bruner's Estate...
que trust.
Attorney-O. C. Practice.-Court cannot
make order on attorney of former ex-
ecutor to pay over funds of estate.
Locher's Estate
Devise in trust.-Executor need not act
as trustee where real estate devised in
trust without further directions; need
be no trustee of real estate. Robin-
son's Estate.
Funeral expenses.-Cost of dinner not
allowed as part of funeral expenses.
Kampel's Estate.

Error-Facts.

-

Finding of facts by
auditing judge confirmed on exception
will not ordinarily be set aside on ap-
peal. DeHaven's Estate..
Hersh's Estate

Charge in deed-Presumption-Limita-
tions. Presumption of payment_of
charge under Act of April 27, 1855.
different from Statute of Limitations
of 1713: what evidence sufficient to re-
but presumption of payment of charge
in deed to decedent. DeHaven's Es-
tate

Right to cash-Agreement with execu-
tor.-Distributees entitled to payment
in cash; if they agreed with executor
to take stock instead, his remedy is
against
Hilde-
them individually.
brand's Estate
Presumption-Gift.-When payment of
father-in-law's debts by son-in-law
presumed to be gift and not recover-
able against his estate as loan. Hirsh's
Estate

Claim for services.

19

22

337

43

53

61

When will be al-

lowed though evidence conflicting.
Long's Estate

132

Note endorsed by decedent.-Estate not
liable for where executor who was
maker lifted it and secured his co-
executor's name as endorser on new

note in its place. Hildebrand's Estate. 164
Assignment. - Devisee cannot transfer
his interest by a release to the exec-
utor. Hart's Estate .
Wills-Distribution.-Beneficiaries can-

181

421

PAGE

209

Family settlement. When will not be
set aside at instance of one subse-
quently interested. Graham's Estate.. 230
Devise-Stock incorporation.--When de-
vise to one of decedent's sons did not
cancel indebtedness to son or release
stock held as collateral, though said
son could not hold other stock be-
queathed to him without returning
certain shares held in his name but
included in his father's bequest to
himself and his brothers. Martin vs.
Martin
Services. Absence of evidence as to
value of the services will not prevent
recovery on a quantum meruit, but re-
duces amount to minimum; how much
will be allowed for services as
countant and bookkeeper and for nurs-
ing. Baker's Estate.
Byers' Estate

Contracts. It is not "an unlawful,
undue or unreasonable discrimination"
for an electric light company to divide
its consumers into two classes, using
respectively more or less than a cer-
tain quantity of light and power per
annum, and to make a smaller charge
to the larger than to the smaller con-
sumers, under contracts by which the
former agree to purchase from it ex-
clusively for from three to five years;
only undue and unreasonable discrimi-
nation unlawful. Steinman and Foltz
vs. Edison Elec. Illum. Co.......
EMINENT DOMAIN: See RAILROADS
AND RAILWAYS.

EMPLOYER AND EMPLOYEE:

See

HUSBAND AND WIFE: JUSTICE OF THE
PEACE; TAXES AND TAXATION.
Damages - Negligence.—Employee can-
not recover for injury while working
at machine obviously wanting in safety
appliances or if defects in machine
not proximate cause of accident; when
boy of fourteen not entitled to in-
struction as to danger of machine
which he has worked near to for more

PAGE

409

than a year; negligence for court
when facts not disputed. Smith vs.
Brown's Sons
....169, 369
Same-Parent and child.-In an action
by a father to recover for loss of ser-
vices of minor son injured in employ
of defendant the same burden is on
him as in the son's individual case,
although not shown to have consented
to son's employment. Smith VS.
Brown's Sons...

EQUITY:

.174. 372

Nuisance-Obstructing road — Jurisdic-
tion-Practice. - Equity has jurisdic-
tion to restrain often repeated nuisance
on public road; jurisdiction may be
questioned any time, and question need
not be raised by any particular form
of words or assertion of legal rem-
edy. Bowman et al. vs. McCaskey... 193
Practice.-Averments in bill denied by

answer must be sustained by more
than one witness. Martin vs. Martin,
et al.
Receiver-When facts not sufficient to
warrant appointment of a receiver;
when assessor should be appointed to
ascertain company indebtedness to one
of its officers. Ib.

265

New question.· Court cannot be con-
victed of error as to question not
raised before it. Lefever's Estate.... 57
EVIDENCE: See ATTACHMENT-EXECU-
TION; CRIMINAL LAW; EXECUTION;
FRAUDULENT CONVEYANCE; JUDG-
MENT; LANDLORD AND TENANT; PRAC-
TICE: RAILROADS AND RAILWAYS;
TRUSTS.

Will.-A will may be admitted in evi-

dence to show intent that services
should be paid for by a legacy. Kam-
pel's Estate.

61

120

Circumstantial evidence. Article.
Husband and wife. In action for de-
bauching plaintiff's wife, her declara-
tions in absence of husband as to why
she had left him are admissible; a
witness having testified that he told
defendant that plaintiff's wife had
signed a written confession and what
he said, he cannot further testify that
it was lost and what its contents were.
as this would cut out the right of
cross-examination. Reddig vs. Eberly. 123
Execution-Judgment. In an issue to
determine the ownership of goods
levied on, evidence affecting the valid-
ity of the judgment is not admissible.
Schot vs. Glottstein..
197
Stock-When certificate of stock is
claimed by an alleged transferee of a
decedent, the claimant cannot testify
in support of his claim. Martin us.

Martin

265

affairs in his lifetime was substituted
as plaintiff and on the trial testified
in support of the claim, the defendant
is competent under the Act of June
11, 1891, P. L. 287, not only to con-
tradict such testimony but also to
show other agreements affecting the
claim made with the exception as
manager for the decedent but not re-
ferred to in his testimony. Rieker vs.
Swartz

The fact that a party appears in a
representative capacity does not ex-
cuse him from being called as if under
cross-examination by the other party
under the Act of May 23, 1887, P. L.
158. Ib.

The Act of 1891 contemplates the
calling of the living witness only by
the party representing the deceased,
and not by the adverse party. Ib.

The competency of the surviving
party is to be determined by the con-
dition of things at the time when he
is called and he is not rendered com-
petent by the fact that the other side
subsequently calls the living witness.

Ib.

PAGE

404

Discrimination.-In suit against quasi-
public corporation for discrimination
evidence is properly admissible to
show the reasons on which the classi-
fication is based and the surrounding
circumstances and conditions. Stein-
man and Foltz vs. Edison El. Ill. Co. 409
EXECUTION: See EVIDENCE; MORT-
GAGE; SUBROGATION.

Practice-Plaintiff in interpleader issue
who has given bond and retained
goods entitled to have jury ascertain
their value. Keller vs. Longenecker.. 227
Same-Evidence. — Jury must ascertain
value of goods when verdict is against
party in possession; if this is not
done the court cannot grant an issue
to determine it but must grant a new
trial; appraised value is only prima
facie evidence of real value. Katzen
vs. Ehrhart
Fixtures-Lease-When improvements
before lease pass to landlord and after
lease belong to tenant. Detweiler vs.
Detweiler Sand Co.

EXEMPTION (WIDOW'S). See DECE-
DENTS' ESTATES.

EXECUTOR: See DECEDENTS' ESTATES;
JUDGMENT.

FALSE PRETENSE: See CRIMINAL
LAW.

FEES: See SHERIFF.

375

414

241

Ib.

.......

PAGE

245

Evidence. Failure to record deed not
evidence of fraud.
Equity-Practice.-Creditor's bill to set
aside alleged fraudulent conveyance
should be dismissed, as there is a com-
plete remedy at law. Ib.
Husband and wife-Conveyal by insol-
vent husband and wife whose money
went into property not fraudulent
though she cannot give dates and
amounts. Brinton vs. Barnes....
GUARDIAN AND WARD:
Neglect. When balance due wards
should be awarded to other guardian
and not to testament guardian and
executor. Evans' Estate..
Rule to pay over — - Practice - Rule to
pay over should be made absolute
where petition to open adjudication is
filed which is not presented to court
and not responsive as answer. Shirk's
Estate
Adoption. When does not confer rights
of inheritance in lands in another
state. Note....
Bond-Practice-Order of payment to
foreign guardian will be made condi-
tional on bond sufficient to cover also
further sum which might be awarded:
guardian accountable not only for
what he received but for what he

246

247

247

247

248

241

245

246

249

253

22

III

112

PAGE

should have received. Lefever's Es-
tate

Liability.

When guardian will be
charged for misappropriation by for-
mer guardian. Shirk's Estate....
HEALTH LAW: See CONSTITUTIONAL
LAW; CRIMINAL LAW.
Indictment. When indictment sufficient
for interfering with health officer;
there must be an order or regulation
by board of health, properly promul-
gated, before there can be an offense
of interfering with an agent "in the
examination of questions affecting
security of life and health." Com. vs.
Grube
HUSBAND AND WIFE: See BENE-
FICIAL SOCIETY; DECEDENTS' ESTATES;
DESERTION; DIVORCE; EVIDENCE;
FRAUDULENT CONVEYANCE; INSUR-

66

ANCE JUDGMENT; MARRIED WOMEN.
Chastisement" and Correction." Ar-

ticle
Property Evidence

-

Presumption.—
Presumption that articles bought by
wife were bought with husband's
money and belong to him if no sep-
arate estate shown. Schott vs. Glott-
stein
Wages.-Verdict for wages against both
husband and wife valid where both
employed plaintiff. Wilson vs. Hart-

man.

INJUNCTION: See EQUITY.
INSOLVENCY: See PARTNERSHIP.
INSURANCE:

Conveyal to wife. — Insured cannot re-
cover insurance for fire loss after
property is transferred to his wife
though policy did not contain usual
provision as to transfer. King vs.
Mut. Ins. Co.

Husband and wife. - Wife cannot re-
cover for loss of her property on a
policy describing it as her huband's
and issued to both of them containing
the sole-ownership clause. Leaman vs.
Ins. Co. ...
Suit within year-Requirement that suit
must be brought within a year is com-
plied with where summons issued
within year is set aside and alias sum-
mons is issued after year. Ib.
Interest-Must be shown before recov-
ery on policy payable "as interest
may appear."
Pollock to use V's.

Johnson et al.

JUDGES:

Non-partisan judiciary nominations. Ar-
ticle
JUDGMENT: See AFFIDAVIT Of Defense;

COSTS; EVIDENCE: JUSTICE OF THE
PEACE: LANDLORD AND TENANT;
MORTGAGE: PRINCIPAL AND AGENT;
SUBROGATION.

-

PAGE

81

For and against same person. — Judg-
ment for an administrator against him-
self as executor will be opened at in-
stance of a creditor of the latter es-
tate. Phillips' Adm'r vs. Phillips'
Ex'or.
Opening — Fraud. — Adverse judgment
may be opened for fraud after expira-
tion of term at which obtained; where
party admits fraud, third party who
may suffer may have judgment opened
on his uncorroborated testimony. Bink-
ley vs. Nolt.....
185
Opening-Evidence-Note.-When judg-
ment on note of decedent opened on
evidence of declarations of decedent
and receipt. Erb's Ex'ors vs. Lane... 195
Note-Presumption.-Will not be opened
on ground that warrant of attorney
was executed and delivered on Sun-
day; where answer to petition avers
that note was not executed and deliv-
ered on day of date this overcomes
presumption that it was. Womelsdorf
Union Bank vs. Crouse.
Opening of Magistrate.-Court has no
power to open judgment on transcript
from magistrate. Miller vs. Gerson.. 367
Opening of Husband and wife.-Judg
ment will be opened as to wife where
she signed the note jointly with her
husband to secure his indebtedness.
U. S. F. & G. Co. vs. Rife.......
JUSTICE OF THE PEACE: See JUDG-

MENT.

Set-off. Claim cannot be recovered
which might have been set-off in prior
suit. Buckius vs. Flick.
Certiorari.-Must be issued within twenty
days except for want of jurisdiction
or notice to defendant.

Bostwick vs. Smithson.
Practice

318

367

6

Knight &

54

Affidavit. — Affidavit of claim
under Act of 1879 sufficient when
made by bookkeeper who does not
state that he is cognizant of the facts.
Ib.
Judgment

-

Presumption.

-

Judgment
presumed to have been entered within
twenty days when docket does not
show date. Wallace & Son vs. Wat-

PAGE

146

175

296

not be written out, but enough must
appear to authorize conviction. Com.
vs. Williams
Jurisdiction.-Justice has jurisdiction for
damages where injury is immediate,
and case is vi et armis as for defend-
ant's driving into and wrecking plain-
tiff's buggy. Becker vs. Palm.
Capias. May issue capias ad satisfacien-
dum in execution on judgment in tres-
pass. Ib.
Certiorari. — On certiorari court cannot
inquire into the action of the alderman
in disregarding defendant's claim of
the statute of limitations and payment.
Spurrier vs. Missemer....
Practice.-An alderman need not write
out and return evidence though re-
quested to do so by defendant. Spur-
rier vs. Missemer.
Appeal.-May be entered nunc pro tunc
when party was misled by the magis-
trate, but he must aver that he had a
good defense. Shnavely vs. Crouse.. 319
LANDLORD AND TENANT: See
DECEDENTS' ESTATES; EXECUTION;
WAYS.
Married woman — Judgment note — Dis-
tress.-Married woman may give judg-
ment note to relieve property from dis-
tress for rent owed by her husband,
to the extent of her interest in the
property. Groff vs. Cooper..
Evidence-Receipt -Testimony of land-
lord not admissible that his receipt
apparently for last two quarters' rent
was not intended to cover last quar-
ter. Doerr vs. Ziegler.

---

-

Distress. Where goods are distrained
for rent and sold, the landlord be-
comes liable to the owner of the goods
as a trespasser ab initio if the ap-
praisement is made before the lapse of
five days after the seizure, excluding
Sunday and the day of seizure. Ehr-
hart vs. Esbenshade.
Trustee-Rent.-Rents payable to equi-
table owner whose title draws legal
title in trustee with no duties to per-
form. Spatz vs. Anderson....

296

60

100

314

349

-

83

84

Welsh Mountain Co. vs. Moss.
Striking off.-Sec. 23 of the Act of June
4. 1901, P. L. 431, does not authorize
the court on the application of the
owner to strike off a lien regular on
its face for matters dehors the record.
The owner's remedy is by scire facias.
W. F. Hiestand & Sons vs. Keath.... 289
MORTGAGE: See TRUSTS AND TRUSTEES.
Deed and defeasance. — Conveyance and
agreement to reconvey on repayment
of purchase money constitute a mort-
gage and will be ordered satisfied
under Act of June 10, 1881, where no
demand or payment for twenty-one
years. Stone's Petition..
165
Judgment Execution-Sale-Sale un-
der execution issued on a judgment
given after but recorded before a pur-
chase-money mortgage discharges lien
of mortgage but makes it payable be-
fore judgment. Ib.

MUNICIPALITIES:

Billboards. Cannot be forbidden by
municipality, Note....

MURDER: See CRIMINAL Law.

NEGLIGENCE: See CITIES; CONTRIBU-
TORY NEGLIGENCE; EMPLOYER AND EM-
PLOYEE; RAILROADS AND RAILWAYS.
Imputed negligence. Article

NEW TRIAL: See PRACTICE.

NON-SUIT: See PRACTICE.

LEGACY: See DECEDENTS' ESTATES.
LIBEL:

Privilege-Burden of proof-Libel per
se.-Words imputing lack of qualifica-
tions to practice or guilty or corrupt
practices to a lawyer are actionable
per se, and on proof by plaintiff, de-

63

7

239