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Annexation of contiguous territory:-

Exception to property taken by citi-
zens of township; when annexation
should not be permitted. In re Mt.
Joy Boro.

517
Incorporation. When should not be

allowed, sentiment being divided. In
re Florin

523
Same-Advertisement.Failure to ad-

vertise application cannot be cured
by extending the return day by

amendment. Id.
Same.-Petitioners cannot deprive court

of jurisdiction by withdrawing

names. Id.
Borough line.-Should not be run be-

tween buildings of landowner against

his objection. In re Florin. Id.
BRIDGES.
Guard rail. — Where township liable

for accident caused by failure to
maintain guard rail; Act of 1919
providing for state supervision does
not alter township liability. Bene-
dict v. Fulton Twp.

367
CHECKS: See CRIMINAL LAW.
CITIES: See BOROUGHS; MUNICIPALI-

TIES; ROADS, STREETS AND HIGH-

WAYS.
COMMON CARRIERS: See Rail-

ROADS AND RAILWAYS.
CONSTABLE: See CRIMINAL LAW.
CONSTITUTIONAL LAW.
Act of May 31, 1911, P. L. 468, re-

lating to State Highways is consti-
tutional

181
CONSTRUCTION: See ActS OF As-

SEMBLY; WILLS.
CONTRACTS: See AFFIDAVIT OF DE-
FENSE; EQUITY; EVIDENCE; LAND-

AND TENANT; LEASE; ME-
CHANICS LIENS; PARENT AND
Child; PRACTICE (C. P.) ; PRACTICE

(EQUITY); REAL ESTATE; SALE.
Advertising. — When publisher cannot

sue for price agreed upon but can
sue for breach of contract. Baum-
gartner, trading as The Contractor,
v. Drushel, trading as O. K, Clutch
and Machinery Co.

61
Mutual mistake of law.-Does not re-

lieve parties to contract. Warfel v.

Burkholder
Insurance.-When contract to pay over

insurance money when received, be-
tween parties to agreement relating
to sale of controlling stock of cor-
poration, burden on party individ-
ually and could be withheld pend-
ing other litigation. Wilson et al.
v. Zimmerman

..273, 275
Oral inducement. - Proper defense to

PAGE
written contract. Eshbach v. Hoff-
meister

· 311, 314
Modification. Parties may show by

parol abandonment of change in
written contract and two witnesses
not necessary to show, if mere moli-
fication of a stipulation. John T.
Fahey & Co. v. Adams

390
Written or oral.—Where case for jury

and properly tried on questions as
to whether there was an oral con-
tract by the day as claimed by the
plaintiff or a written contract for a
fixed amount as claimed by defend-
ant in suit for cost of building alter-
ations. Good v. Kachel

408
Fictitious name-Agency. Contract

solicited here by agent and ratified
by principal in another state where
goods shipped not within fictitious
name act. Serenado Mfg. Co. v.
Sensenig

477
Signing without reading.-Not an ex-

cuse except where party unable to

read. Id.
Misrepresentations.-When party can-

not recover money paid on contract
alleged to have been signed because
of misrepresentations as to its con-
tents. Serenado Mfg. Co. v. Echter-
nacht

479
CONTRIBUTORY NEGLIGENCE:

See NEGLIGENCE.
CORPORATIONS: See AFFIDAVIT OF

DEFENSE; PROMISSORY Notes ; SALE.
Partnership Equity. Where two

stockholders acquire and own all the
stock of a corporation under agree-
ment, they are partners as to each
other, and equity will enforce the

agreement. Cuppy v. Ward et al... 297
Stockholder.-Interest of is personal

and follows domicil; action to
reach is quasi in rem. Eshleman v.
Iron Co, et al.

511
COSTS: See CRIMINAL Law; INSOL-

VENCY; JUSTICE OF THE PEACE;
PRACTICE (Q. S.); REAL ESTATE ;

REPLEVIN.
Tender. - To be valid must include

interest and costs to date. Dosch v.
O'Brien

186
Taxation.-Costs may be taxed imme-

diately after verdict, but can only
be collected when case is finally dis-
posed of. Clark v. Reardon

551
Same Witness fees. Proper where

witness was not called or failed to

receive notice not to appear. Id.
CRIMINAL LAW: See EVIDENCE ;

PRACTICE (Q. S.).
Costs.-When imposition of on prose-

cution will be stricken off. Com. v,
Newhouser

7

LORD

173

PAGE

PAGE
Costs. When imposition of costs on Evidence-Rape. — Evidence of what
prosecution will not be stricken off.

prosecutrix said immediately after
Com. v. Richmond

8 offense and as to conduct and ap-
Com. v. Newhouser

9 pearance of defendant admissible.
Banks. — When defendant who took

Com. v. Reinhold
advantage of a mistake guilty of Good character.-Evidence of not to
defrauding a bank under the Act of

overcome conclusion of jury beyond
1917. Com. v. Altland

13 reasonable doubt that defendant
Costs. - Costs imposed on a federal

guilty. Id.
officer stricken off. Com. v. Steiner. 66 Larceny-Rent.–Verdict of guilty set
Embezzlement as employee. What

aside when defendant took cash
register to secure rent.

Com. 3.
necessary to convict. Com. v. Bitts. 71
Plea.- Plea to indictment prevents ob-

Kinzer
jection that it is in O. and T. in-

Perjury. - Divorced husband of de-
stead of Q. S. Id.

fendant may testify against her as
Libel Malice. When inference of

to her residence. Com, v. Bennett.. 465
malice in publication arises. Com.

Bankrupt-Fraudulent debtor.—Quar.
v. Stambaugh

87

ter Sessions has jurisdiction to try
Failure to blow horn.-When indict-

bankrupt for concealment of prop
ment for sufficient. Com, v. Burk-

erty. Com. v. Altland ......501, 503
hart

90

Bankrupt Conspiracy to defraud.-

What not necessary for indictment
Complaint.-Sufficient when sets forth

to contain. Id.
essential elements of offense in

Arson – Confession. — Act of July 1,
common parlance. Id.

1919, does not prevent admission of
Rape.- Indictment charging statutory

confession to state constabulary.
rape and assault with intent may be

Com. v. Murr and Kise

535
founded upon a complaint for com-

Same, — Where two defendants are
mon law rape. Com. v. Ely .. 105

jointly indicted, confession of one
Bankruptcy Fraudulent debtor.-

made not in presence of other ad-
What actions of defendant tend to

missible. Id.
show intention to defraud creditors.

Reasonable doubt and good character,
Com. v. Leventhal

145

-When jury properly instructed as
Promissory note-Perjury.-Need not

to. Com. v. Murr and Kise 585
await determination of action in

Bigamy:—When indictment for suffi-
which committed; falsely swearing

cient. Com. v. Miedl

592
that word “ Agent” was after his

Husband and wife Limitations-De
on promissory note when

murter. Questions of the complaint
material is perjury. Com. v. Hilton, 160

being made by defendant's husband
Constable - Reward. — Duty of con-

and whether limitations a bar prop-
stables to arrest criminals; not en-

erly raised on trial and not by de-
titled to reward for arrest and con-

murrer which goes only to the facts
vi offered after arrest,

of record. Id.
where a constable did not assist in

Giving bad check.-On trial of indict.
conviction ; knowledge prior to per-

ment for, defendant cannot raise
formance of reward offered essen-

question as to consideration. Com.
tial to recovery.
Smith v. Lancas-

o. Loose
ter Co.

177 Same-New trial.- New trial granted
Regulations of highway commissioner.

where defendant convicted of giving
- Violation of a misdemeanor as

bad check under Act of April 18,
under Act of 1911. Com, v. Esben-

1919, but it was not shown what
shade

181 hour another check was presented
Abortion
Evidence. On trial for

the same day and whether defend-
abortion evidence of admission

ant's balance had been reduced by
made more than a year after of.

it when other check was given. Id.
fense. Com. v. Zimmerly

216 DECEDENTS' ESTATES: See Issue
Indictment. — Sufficient when charges

D. V. N.; PRACTICE (O. C.); TRUSTS.
crime substantially in language of Husband and wife. — Husband living
Act. Com. v. Heagy

425 separate from wife not liable for
Nuisance.-When indictment sufficient.

funeral expenses. Roth v. Rensel.. 60
Id.

Labor claimPresumption.-Day la-
False pretense.-False representations

borer presumed paid promptly;
that suit of clothes
was made of

when not allowed. Zell's Estate ... 67
wool and fitted ” will not sustain Devise at valuation. Converts real
indictment. Com. v. Kronberg .... 433 estate. Buch's Estate ...

69

name

an

594

98

Hess v.

2

V.

PAGE
Debts.- Voluntary payment when lien

lost commendable. Id.
Insolvent estate. When proceeds of

sale of real estate more than year
after death of decedent distributed
pro rata to creditors who had not
brought suit as well as those who

had. Hoch's Estate
Labor claim.-When claimant can re-

cover notwithstanding receipt in full
not set forth in affidavit.
McAleer

136
Mortgage. Mortgage by administra-

tor can only be impeached in C. P.
for fraud; mortgage to pay debts
for which administrator personally
liable not such fraud. Mendenhall,
Adm'r v. Jackson, Adm'r

241
Real estate.-Devise in fee cannot be

limited by condition restricting
alienation. Hackman Shenk's
Ex'rs

251
Funeral expenses-Benefits. Where

death benefits were paid to dece-
dent's mother who paid them out
for funeral expenses, she is not en-
titled to be reimbursed from estate.
Smith's Estate

260
Union Church.Legacy to, with-

held for proper identification. Eby's
Estate

278
Debt due by legatee.-Payable out of
legacy. Greiner's Estate

305
Sale of land.-May be decreed under

Revised Price Act against objec-
tions of living part owners. Jef-
fries' Estate

435
Inheritance tax-Land.-Appraisement

should not be set aside because
growing crops embraced in land
valuation where not inequitable as
whole. Houser's Estate

474
DEED: See EQUITY; EVIDENCE; FRAU-

DULENT CONVEYANCE.
Recording. Prior unrecorded deed

carries title against subsequent re-
corded deed with notice of former
deed. Martin v. Hoshauer

153
Inquiry. Duty of subsequent pur.

chaser to make inquiry as to title of

one in possession. Id.
Description. Parol evidence admis-

sible to explain. Id.
Construction of.–First words prevail

over latter; fee simple in premises
cannot be modified in habendum ex-
cept to reduce it in fee tail; rule in
Shelly's Case applies notwithstand-
ing intervention of a trust not
active. Omission of his or her be-
fore heirs and assigns not impor-

tant. Frankhouser v. Kreider 199
Notice.- Mention of mortgage in deed

PAGE
notice to subsequent purchasers.
Hupper v. Smith

237
Marks.-Control courses and distances.

Id.
Evidence.-Deed evidence though not

recorded. Id.
Street. Where street called for as

boundary, title extends to middle
except contrary intent shown by
courses and distances; where one of
two courses and distances wrong,
quantity of land may show which
correct; title extends to adjoiners
as given though courses and dis-
tances do not include all of it.

Hensel v. A. L. Herr & Bro. 395
DEPOSITIONS: See PRACTICE (O. C.).
Law.–When not objectionable for in-

volving question of law. Galvin v.

Bowman & Co.
Personal attendance. - If can be se-

cured, deposition not admissible.
Mitsios v. Morios

265
DEVISAVIT VEL NON: See ISSUE

D. V. N.
DIVORCE: See Trusts.
Cruel treatment Evidence, What

evidence admissible to show cruel
treatment; personal violence need
not be shown or even threats; con-
donation of ill-treatment not a de-
fense. Stover v. Stover

25
Same. — Improper conduct with im-

moral women admissible. Id.
Domicile-Fraud. - Divorce properly

vacated when false domicile was set
up. Rottger v. Rottger

345
Vacation. - Respondent who entered

appearance and subsequently with-
drew it cannot have decree set aside
because both parties non-resident or
for collusion because he had agreed

not to resist it. Brown v. Brown .. 556
EJECTMENT: See Real Estate.
Conditional verdict.—Where after be-

ing made absolute for plaintiff on
defendant's failure to pay money
stipulated, defendant cannot obtain
deed on payment of money. Carroll

v. Carroll
ELECTRIC POLES: See BOROUGHS.
EMINENT DOMAIN: See ERRORS

AND APPEALS.
EMPLOYER AND EMPLOYEE: See

AFFIDAVIT OF DEFENSE; PRACTICE
(C. P.). WORKMAN'S COMPENSA-
TION LAW.
WagesPresumption. Presumption

that domestic servants paid at
stated intervals rebutted by proof of
engagement to marry though former
husband had disappeared and was
not known to be dead.
McAleer

136

348

Hess v.

PAGE
this may vary its terms. Greider %.

Eshleman
EVIDENCE: See CRIMINAL LAW;

DEPOSITIONS; DIVORCE ; REPLETIN.
Receipt.- When verdict should be di-

rected for defendant who produces
receipt in full. Reisner v. Teachers'

Protective Union
Widow.—Competent to testify in sap-

port of claim for exemption. Bit-

ner's Estate
Landlord and tenant-Lease. When

tenant under lease on halves com-
petent to testify in suit that landlord
orally agreed to let him have half
of surplus hay and straw. Morri-
son v. Altland

118
Deed. — Parol evidence admissible to

explain ambiguous description
Martin v. Hoshauer

149
Same.-Admissible in evidence though

not recorded. Id.
Possession.—Evidence that defendants

in possession of disputed land when

plaintiffs took title admissible. Id.
Perjury Signature. Evidence of

bank clerks admissible as to signa-
ture on note when it passed through
the bank. Com. v. Hilton

160
Same.-Evidence of expert as to photo-

graph of signature admissible. Id.
Notary public. Record of deceased

notary admissible on proof of sig.

nature. Id.
Sale Satisfaction.Oral evidence ad-

missible to show how long vendee
had to decide that goods bought
under a written contract were satis-

factory. Burkholder v. Hess ...... 165
Contract. Evidence of quantum

meruit inadmissible when clause of
contract made. Usner et al. 7. Gass
et al.

387
Good v. Kachel
Admission.-Not to be excluded from

evidence because coupled with an
offer to compromise. Good y, Ka-

chel
Deed. Evidence as to what took

place between parties admissible to
explain ambiguities. Octoraro Water

Co. v. Garrison et al.
Judicial notice. Court cannot take

PAGE
Same. Such presumption of non-

payment only arises from beginning
of intimate relations. Hess v. Mc-
Aleer's Admr.

209
Negligence. — When in suit for dam-

ages for death of plaintiff's son by
being struck by an elevator while
in the employ of the defendant the
evidence shows contributory negli-
gence in the plaintiff's son but no
negligence in defendant and non-
suit properly entered.

Phelan v.
Armstrong Cork Co.

545
EQUITY: See CORPORATIONS; HYDRO-

ELECTRIC COMPANIES; PARTNERSHIP;

PRACTICE (EQUITY); WAYS.
There being an adequate remedy at

law, a bill in equity will not lie by
a partner farming land in common
to recover share of income from
other partner but may bring bill

for accounting. Trust Co, v. Eby.. 9
Practice-Delay-Accounting.- Delay

of more than year in entering de-
cree on finding of referee in pro-
ceedings for accounting not fatal

to proceedings. Kopcke v. Schwarz. 131
Quia timet. — Equity has jurisdiction

to remove cloud in title to incor-
poreal hereditament by cancelling
deeds. Octoraro Water Co. v. Gar-
rison et al.

413
Convenience. Bill in equity may be

sustained because most convenient

remedy. 1d.
Specific performance, Equity has

jurisdiction to decree for sale of
personal property as stock in cor-
poration. Eshleman v. Iron Co.
et al.

514
Same.-Corporation not party to suit

against stockholders to compel trans-
fer of stock. Eshleman v. Iron Co.
et al.

515
ERRORS AND APPEALS: See Jus-

TICES OF THE PEACE.
Account.-Exceptions should be taken

to decree and not to credits in ac-
count, Ruch's Estate

69
Award of viewers.-Where both par-

ties appeal, one may withdraw ap-
peal without consent of other. Lund
v. Com.

107
Decree Facts. Where decree logi-

cally follows facts found which are
not excepted, the appeal falls.
Kopcke v. Schwarz

131
Supersedeas.-Appeal after more than

three weeks not supersedeas. Adams-
town v. Hartman

270
Written agreements varied by parol.

Parol evidence is admissible to ex-
plain a written agreement, or show
a condition annexed or verbal prom-
ise leading to its execution though

judicial notice of untruth of repre-
sentations about a judge thereof in
an affidavit of defense. S. R. Bit-
ner, Inc. v. Warfel

443
PerjuryRecord of other trial.- Rec-

ord of a trial in another state ad-
missible in prosecution for perjury
to show that defendant then swore
differently; Master who took testi-
mony or stenographer who recorded
it need not be produced nor need it
have been signed. Com. 4. Bennett, 465

403

408

413

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PAGE

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Larceny as employee. Evidence of HUSBAND AND WIFE: See Crim-
three embezzlements admissible to

INAL LAW; DeceDENTS' Estates;
show system. Com. v. Fembleaux.. 489 EMPLOYER AND EMPLOYEE; JUDG-
Motor vehicles. — In action for dam-

MENT.
ages for injury to child by automo- Trespass Automobile. — Wife cannot
bile evidence of the distance the car

sue husband for damages for injury
ran after striking the child inad-

in automobile accident.

Smith v.
missible. Steffero v. Martin .... 553

Smith

113
Landlord and tenant.-In proceeding Judgment.-Will be opened as to wife
for possession under Act of 1863,

who signed with husband, drew the
evidence that the defendant had at-

money and turned it over to hus-
tempted to renew the license for the

band. Manheim Bank v. Hacker.. 359
premises and the plaintiff did not

Hurst v. Hastings

589
is admissible to sustain the defend- Judgment.-Will be opened as to wife
ant's contention that the lease had

who received no benefit. Boyer v.
been extended. Fehl v. Pfaeffle 571

Hacker

362
EXECUTION: See PRACTICE (C. P.). HYDRO-ELECTRIC COMPANIES
EXEMPTION (WIDOW'S).

Raising damWater rights. — When
Appraisement.-When estimates should

in bill to enjoin raising of dam de-
be averaged up on exception. Bruce's

fendant, alleging acquired right to
Estate

12 flood adjacent property, must set
FALSE IMPRISONMENT: See MA-

out in answer from whom and when
LICIOUS PROSECUTION.

acquired. L. Y. F. Ry. Co. v. Pa.
N. & P. Co.

323
FALSE PRETENSE: See CRIMINAL
LAW.

INJUNCTION: See Ways.
FARM LEASE: See LANDLORD AND INSANITY.
TENANT.

Indigent insane.-State can recover cost
FICTITIOUS NAME: See CONTRACT ;

of maintenance without having ap-
PRACTICE; REPLEVIN.

plied for order; superintendent can
Family names.-A firm trading under

prove amount expended. Harnish's

Estate
the family names of two of the

249
three partners but not using the INSOLVENCY.
name of the third partner is within

Preference.--When preference will not
the Fictitious Name Act. Moyer &

be all owed on distribution by re-
Carpenter v. Kennedy
491 ceiver. Quinn Receivership

15
FRAUDULENT CONVEYANCE.

Execution Costs Assignment.-
Attachment of purchase money. Al-

Where defendant, a farmer, after
lowed to stand when real estate

paying debt, interest and costs to
sold to son and son-in-law when

sheriff, makes an assignment, money
indebted to bondsmen. Usner et al.

must be paid to assignee, and plain-
V. Gass et al.

387
tiff can

recover costs if has pre-

ferred claim. Kramer v. Shoemaker. 421
FRAUDULENT DEBTORS: See
CRIMINAL LAW.

INSURANCE: See CONTRACTS; Dece-
GIFT.

DENTS' Estates; UNINCORPORATED
Bank credit-Certificate of deposit.-

BENEVOLENT Societies; PRACTICE
To constitute gift there must be

(C. P.).
both intention and delivery; when INTEREST: See Costs.
placing certificate and bank book in
bank box with direction to deliver

INTERPLEADER ISSUE: See JUDG-
after death a gift as to certificate

MENT; REPLEVIN.
but not as to bank account. Skiles, ISSUE D. V. N.
Ex'r v. Trust Co., Guar.

285 Undue influence. When evidence in-
GUARDIAN AND WARD.

sufficient to justify issue. Brubaker's
Interest. Guardian using ward's

Estate

429
money surchargeable with legal in-

JUDGMENT: See HUSBAND AND WIFE ;
terest. Killian's Estate

5 MORTGAGE.
Sale. - When court has no power to Power of attorney to satisfy.-Where

confirm unauthorized sale by guar-
dian or order repayment of money

plaintiff died after signing, court

will decree satisfaction in absence
paid. Maule's Estate

231 of proof to contradict payment.
GUARANTY: See JUDGMENT; Sale.

Eidemiller v. Eidemiller

IOI

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