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partners except by agreement, Trust
Co. v. Eby
Wilson v. Wilson
ship between tenants in common one
may sue other for share of income
under Act of 1895. 15.
123 to preference for rent on distribution
under insolvent law, Quinn Re-
halves may be changed into oral
lease for fixed sum by oral agree-
ment. Long v, Book ..
formance of farm lease is penalty,
not liquidated damages. Warfel 9.
corroborating circumstances. Sub-lease.-Sub-tenant bound by terms
355 of lease and cannot stay writ issued
by landlord. Harnish o. Kauffman. 384
to half of way-going crop or one-
fourth for harvesting, if he ob
tained the growing crop when he
went in. Metzger v. Messner 565
LETTER OF ATTORNEY: See JUDG
LARCENY: See CRIMINAL LAW.
591 LIBEL: See CRIMINAL LAW.
Libel per sem
of; when actionable per se; if not
special damages must be proved;
when privileged and
shown or special damages shown,
non-suit proper. Pritchard o. Wen-
Reimbursement, - Permitted for time
after July 1, 1919, during which he
was prevented from doing business
by government regulation. Good-
Same. — Court will order state treas-
urer to reimburse. Goodman's Li-
cense (No. 2)
MAGISTRATE: See JUSTICE OF THE
Probable cause.—Want of, and malice
must be shown in action for; ver.
dict of not guilty prima facie evi-
dence of want of probable cause;
advice of counsel rebuts presump-
tion of want of probable cause and
negligence as to accident that hap-
pened beyond crossing. Id.
213 MUNICIPALITIES: See BOROUGHS;
Time.—Municipal action cannot change
standard time. Smith v. Pittsburgh. 499
Cancellation. - Certificate should not
be cancelled because applicant was
exempted on three grounds and
claimed exemption as alien formally
and did not withdraw declaration
of intention. In re Stotzky
NEGLIGENCE: See EMPLOYER AND
EMPLOYEE; MOTOR VEHICLES; RAIL-
ROADS AND RAILWAYS; ROADS,
STREETS AND HIGHWAYS; WORK-
Struck by milk wagon.—When verdict
for plaintiff should stand, where she
was struck by wheel of milk wagon
after purchasing milk. Gardner v.
Sanitary Milk Co.
Sudden emergency. – Negligence can-
not be imputed for failure to per-
form duty in sudden emergency.
Bentzel v. Traction Co.
Helman v. Traction Co.
577 NEGOTIABLE INSTRUMENTS: See
NEW TRIAL: See PRACTICE.
By record.—Whatever puts party on
inquiry amounts to notice as record
of deed. Adamstown v. Hartman.. 267
NOTE: See PROMISSORY Note,
NUISANCE: See CRIMINAL LAW.
Boiler works. When boiler works
does not constitute a nuisance to
• 73, 169
281 ESTATES; PRACTICE.
that plaintiff had right of way and
Contract to pay board. — Burden on
party alleging to prove. Usner et
In action for damages for injury PARTNERSHIP: See CORPORATIONS;
EQUITY; LANDLORD AND TENANT.
test between alleged partners. Wil-
will be denied by court as unneces-
sary; abandonment of partnership
works dissolution. Mentzer's Admr.
sue partner for partnership
property; he may for individual
553 property. Piehler v. Zaepfel ...... 464
suited when not shown that physi-
cian was negligent. Boltz v. Thome. 229
RORS AND APPEALS; EVIDENCE; JUS-
AND HIGHWAYS; SCHOOL Law.
-Rule to strike off items of me-
of defense.-One of two endorsers
supplemental affidavit of defense to
where no points reserved or excep-
tion taken. Stevens v. Brown 47
agent of defendant in another county
an officer of subordinate lodge of
Firemen and Engineers .... 63
of subordinate lodge in this county.
Oster v. Brotherhood
forth in affidavit. Hess v. McAleer. 136
way. Union Trust Co. v. Martin .. 156
with same detail as statement. Har-
Waiver.—Thirty days required on ser-
vice on insurance commissioner by
fendant. Oster v. Brotherhood, etc. 2,3
will be reduced by court. Weber 9.
claimed by same defendant in two
because fails to show residence or
matters of defense. Miedl o. Miedl. 317
allege that defendant took and car-
for delay in prosecuting suit unless
caster v. American Bonding Co. 320
suit on farm lease and renewals for
be set aside because necessarily a
filed too late. Good v. Kachel .... 403
cannot be raised as defense to part
& Co. v. Waitz
when petition not sufficiently spe-
When in suit for damages for in-
Assumpsit will not lie for goods
even after demurrer. Agricultural
Trust Co. v. Eby
Answer. — Should meet all allegations
of complaint and also set forth de-
fendant's case clearly and specifi-
505 cally. L. & Y. F. St. Ry. Co. v.
Ea, N. P. Co.
performance.-When one of two de-
fendants served locally not prin-
537 cipal defendant so to permit
extra-territorial service other
under Act of 1859. Graybill v.
cipal defendant within meaning of
Extra-territorial Service Act when
two of three defendants are non-
LAW; LIQUOR LAW; Roads, STREETS
577 changed by court by striking off
imposition of costs without jury re-
tiring or being polled, allowed to
stand. Com. v. Stambaugh ...
strict legal form and latitude al-
lowed in drawing indictments. Com.
Com. v. Benedict
the trial. Hilton v. Sharpless ... 550 question of sufficiency of indictment.
cision of case in which committed.
Nuisance.-Objection that indictment
did not aver a public or common
nuisance being to a matter of form
is made too late after jury sworn
and in arrest of judgment. Com. v.
Rape.-Count for may be joined with
one for assault with intent. Com.
Two indictments.-Defendant may be
two indictments at
406 PRINCIPAL AND SURETY: See
HUSBAND AND Wife; PRACTICE,
PROMISSORY NOTE: See AFFIDAVIT
OF DEFENSE; BANKS AND BANKING;
Accommodation maker.-Not liable on
note in hands of payee who has suf-
fered no injury. Geib v. Geib..... 65
signed by treasurer must set forth
standing husband of remarried
widow of decedent refused to sigt.
Miller v. Schaeffer
77 Agency-Damages.-In suit for dam-
ages for loss on contract to par-
chase real estate given by agent
ing rescinded the contract, can only
recover from agent the amount paid
him, if not already paid over to his
principal. Galvin v. C. F. Bowman
Contract to purchase.-Where prospec
tive purchaser elects to change his
mind and pay penalty provided in
the contract, he cannot defend against
206 the penalty on the ground that the
title was not good. Warfel v. Burk-
Costs — Trespass for diverting water
upon.-Plaintiff cannot recover costs
in excess of verdict where no certif-
cate that title involved. McElroy 2.
Agency.-When agent cannot be de-
nied commission on ground that he
represented both parties. Pontz v.
RECEIVER: See MORTGAGE.
140 RENT: See LANDLORD AND TENANT.
Affidavit of defense-Fictitious name
-Practice. Affidavit insufficient
which claims a lien for repairs but
fails to answer averment in state-
ment that defendant had not com-
plied with fictitious name act. Dona.
hue v. Mellinger
Costs. When defendant has filed
counter bond verdict for part of
goods carries all costs. Trust Co.
and Fry v. Eby.
Amendment of statement. Allowable
to show party who sold goods to
plaintiff acting as agent. Atlantic
Affidavit of defense. — Insufficient in
action for horse, where avers claim
for care of horse. Moore v. Wilson, 351
Lien-Counter bond.-Defendant who
claims lien for services cannot give
counter bond and retain possession,
Affidavit of defense.-Sufficient which
sets up lease signed in blank with
understanding that same rate was
to be inserted but it was made
greater; immaterial that defendant
had failed to pay either rate. At
lantic Motor Truck Co. v. Kachel.. 423
Affidavit of defense-In custodia legis.
-Defendant cannot defend that
goods are in custody of the law
where such defense not set up in