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Exception to property taken by citi-
allowed, sentiment being divided. In
vertise application cannot be cured
of jurisdiction by withdrawing
tween buildings of landowner against
his objection. In re Florin. Id.
for accident caused by failure to
TIES; ROADS, STREETS AND HIGH-
ROADS AND RAILWAYS.
lating to State Highways is consti-
AND TENANT; LEASE; ME-
(EQUITY); REAL ESTATE; SALE.
sue for price agreed upon but can
lieve parties to contract. Warfel v.
insurance money when received, be-
· 311, 314
parol abandonment of change in
and properly tried on questions as
solicited here by agent and ratified
cuse except where party unable to
not recover money paid on contract
DEFENSE; PROMISSORY Notes ; SALE.
stockholders acquire and own all the
agreement. Cuppy v. Ward et al... 297
and follows domicil; action to
VENCY; JUSTICE OF THE PEACE;
interest and costs to date. Dosch v.
diately after verdict, but can only
witness was not called or failed to
receive notice not to appear. Id.
PRACTICE (Q. S.).
cution will be stricken off. Com. v,
prosecutrix said immediately after
8 offense and as to conduct and ap-
9 pearance of defendant admissible.
Com. v. Reinhold
overcome conclusion of jury beyond
13 reasonable doubt that defendant
aside when defendant took cash
Perjury. - Divorced husband of de-
fendant may testify against her as
to her residence. Com, v. Bennett.. 465
ter Sessions has jurisdiction to try
bankrupt for concealment of prop
erty. Com. v. Altland ......501, 503
Bankrupt — Conspiracy to defraud.-
What not necessary for indictment
to contain. Id.
Arson – Confession. — Act of July 1,
1919, does not prevent admission of
confession to state constabulary.
Com. v. Murr and Kise
Same, — Where two defendants are
jointly indicted, confession of one
made not in presence of other ad-
Reasonable doubt and good character,
-When jury properly instructed as
to. Com. v. Murr and Kise 585
Bigamy:—When indictment for suffi-
cient. Com. v. Miedl
Husband and wife Limitations-De
murter. Questions of the complaint
being made by defendant's husband
and whether limitations a bar prop-
erly raised on trial and not by de-
murrer which goes only to the facts
of record. Id.
Giving bad check.-On trial of indict.
ment for, defendant cannot raise
question as to consideration. Com.
177 Same-New trial.- New trial granted
where defendant convicted of giving
bad check under Act of April 18,
1919, but it was not shown what
181 hour another check was presented
the same day and whether defend-
ant's balance had been reduced by
it when other check was given. Id.
216 DECEDENTS' ESTATES: See Issue
D. V. N.; PRACTICE (O. C.); TRUSTS.
425 separate from wife not liable for
funeral expenses. Roth v. Rensel.. 60
Labor claim—Presumption.-Day la-
borer presumed paid promptly;
when not allowed. Zell's Estate ... 67
lost commendable. Id.
sale of real estate more than year
had. Hoch's Estate
cover notwithstanding receipt in full
tor can only be impeached in C. P.
limited by condition restricting
death benefits were paid to dece-
held for proper identification. Eby's
Revised Price Act against objec-
should not be set aside because
carries title against subsequent re-
chaser to make inquiry as to title of
one in possession. Id.
sible to explain. Id.
over latter; fee simple in premises
tant. Frankhouser v. Kreider 199
boundary, title extends to middle
Hensel v. A. L. Herr & Bro. 395
volving question of law. Galvin v.
Bowman & Co.
cured, deposition not admissible.
D. V. N.
evidence admissible to show cruel
moral women admissible. Id.
vacated when false domicile was set
appearance and subsequently with-
not to resist it. Brown v. Brown .. 556
ing made absolute for plaintiff on
AFFIDAVIT OF DEFENSE; PRACTICE
that domestic servants paid at
DEPOSITIONS; DIVORCE ; REPLETIN.
rected for defendant who produces
port of claim for exemption. Bit-
tenant under lease on halves com-
explain ambiguous description
not recorded. Id.
in possession of disputed land when
plaintiffs took title admissible. Id.
bank clerks admissible as to signa-
graph of signature admissible. Id.
notary admissible on proof of sig.
missible to show how long vendee
factory. Burkholder v. Hess ...... 165
meruit inadmissible when clause of
evidence because coupled with an
place between parties admissible to
Co. v. Garrison et al.
payment only arises from beginning
ages for death of plaintiff's son by
ELECTRIC COMPANIES; PARTNERSHIP;
PRACTICE (EQUITY); WAYS.
law, a bill in equity will not lie by
for accounting. Trust Co, v. Eby.. 9
of more than year in entering de-
to proceedings. Kopcke v. Schwarz. 131
to remove cloud in title to incor-
sustained because most convenient
jurisdiction to decree for sale of
against stockholders to compel trans-
TICES OF THE PEACE.
to decree and not to credits in ac-
ties appeal, one may withdraw ap-
cally follows facts found which are
three weeks not supersedeas. Adams-
Parol evidence is admissible to ex-
judicial notice of untruth of repre-
ord of a trial in another state ad-
INAL LAW; DeceDENTS' Estates;
sue husband for damages for injury
in automobile accident.
who signed with husband, drew the
money and turned it over to hus-
band. Manheim Bank v. Hacker.. 359
Hurst v. Hastings
who received no benefit. Boyer v.
Raising dam—Water rights. — When
in bill to enjoin raising of dam de-
fendant, alleging acquired right to
12 flood adjacent property, must set
out in answer from whom and when
acquired. L. Y. F. Ry. Co. v. Pa.
INJUNCTION: See Ways.
Indigent insane.-State can recover cost
of maintenance without having ap-
plied for order; superintendent can
prove amount expended. Harnish's
Preference.--When preference will not
be all owed on distribution by re-
Execution Costs Assignment.-
Where defendant, a farmer, after
paying debt, interest and costs to
sheriff, makes an assignment, money
must be paid to assignee, and plain-
recover costs if has pre-
ferred claim. Kramer v. Shoemaker. 421
INSURANCE: See CONTRACTS; Dece-
DENTS' Estates; UNINCORPORATED
BENEVOLENT Societies; PRACTICE
INTERPLEADER ISSUE: See JUDG-
285 Undue influence. When evidence in-
sufficient to justify issue. Brubaker's
JUDGMENT: See HUSBAND AND WIFE ;
confirm unauthorized sale by guar-
plaintiff died after signing, court
will decree satisfaction in absence
231 of proof to contradict payment.
Eidemiller v. Eidemiller