페이지 이미지
PDF
ePub

PAGE
Note Guaranty. - Where payee on Partnership.-Tenants in common not
judgment note also signs assignment

partners except by agreement, Trust
and guaranty on back with war-

Co. v. Eby
rant, separate judgments may be

Wilson v. Wilson
entered on each warrant, only one Same. — After dissolution of partner-
judgment can be entered on single

ship between tenants in common one
warrant, such judgments are en-

may sue other for share of income
tered by virtue of the Act of 1806

under Act of 1895. 15.
which must be followed. Trust Co. Rent-Insolvent. Landlord entitled
v. Shaub

123 to preference for rent on distribution
Amendment. When judgment has

under insolvent law, Quinn Re-
been entered in substantial accord

ceivership

15
with terms of warrant but execution Farm lease. — Written farm lease on
is irregular, it can be amended to

halves may be changed into oral
conform to its terms. Id.

lease for fixed sum by oral agree-
Misused note. — Judgment entered on

ment. Long v, Book ..

93
note given for other purpose will be Same-When sum stipulated for per-
opened. Christ v. Mink

159

formance of farm lease is penalty,
Opening of.-Should be opened where

not liquidated damages. Warfel 9.
defendant denies signature and there

Burkholder

170
are

corroborating circumstances. Sub-lease.-Sub-tenant bound by terms
Kauffman v. Wright

355 of lease and cannot stay writ issued
Two judgmentsInter pleader. Bor-

by landlord. Harnish o. Kauffman. 384
rower who gave two judgments for Farm lease.—Tenant on halves entitled
same debt not entitled to inter-

to half of way-going crop or one-
pleader issue. Ripple, Atty., and

fourth for harvesting, if he ob
Sherts' Use v. Wolf

485

tained the growing crop when he
Samen-Husband and wife.- Where a

went in. Metzger v. Messner 565
debtor gave a judgment to a hus- LEASE: See EVIDENCE; LANDLORD AND
band and afterwards another to his

TENANT.
wife for the same debt the burden

LETTER OF ATTORNEY: See JUDG
is on the wife to show that the

MENT.
money loaned was hers, and having
failed, her judgment will be opened.

LARCENY: See CRIMINAL LAW.
Ripple, Atty. v. Wolf

591 LIBEL: See CRIMINAL LAW.
JURY: See PRACTICE (Q. S.).

Libel per sem

-Special damages-Prior

lege-Malice-Non-suit.-Definition
JUSTICE OF THE PEACE.

of; when actionable per se; if not
Jurisdiction - Bet. Magistrate has

special damages must be proved;
jurisdiction in suit to recover money

when privileged and

no

malice
paid but not to collect money won

shown or special damages shown,
in bet; record must show facts giv-

non-suit proper. Pritchard o. Wen-
ing jurisdiction. Kline v. Mowery. 85 ger

219
Jurisdiction Trespass. Magistrate Pritchard, Appellant, v. Wenger .. 234
has no jurisdiction in action of

LIQUOR LICENSE.
trespass based on defendant's negli-

Reimbursement, - Permitted for time
gent handling of automobile. Stras-

after July 1, 1919, during which he
ser v. Seaman

103
Jurisdiction - Automobile.

was prevented from doing business

Suit for
damages in

by government regulation. Good-
automobile collision

man's License
properly brought before magistrate.

129
Miller's License

208
Shoenberger v. Wolf

281

Same. — Court will order state treas-
Leibowitz v. Keim

309

urer to reimburse. Goodman's Li-
Appeal-Costs.-On appeal, appellant

cense (No. 2)

198
must pay costs or give bond to pay

Miller's License

208
both debt and costs. Sentman v.
Sentman

MAGISTRATE: See JUSTICE OF THE
AppealPractice Act.-Does not apply

PEACE.
on appeals from magistrate. Philip

MALICIOUS PROSECUTION.
Schum, Son & Co. v. Waitz

442

Probable cause.—Want of, and malice
LACHES: See PRACTICE.

must be shown in action for; ver.

dict of not guilty prima facie evi-
LANDLORD AND TENANT: See

dence of want of probable cause;
CRIMINAL LAW; EVIDENCE; PRAC-

advice of counsel rebuts presump-
TICE.

tion of want of probable cause and

[ocr errors]

328

PAGK

PAGE
shows lack of malice but does not Failure to blow horn at crossing.-Not
relieve defendant entirely from

negligence as to accident that hap-
showing reasonable investigation.

pened beyond crossing. Id.
Herr v. Lollar

213 MUNICIPALITIES: See BOROUGHS;
False imprisonment. Not provable

TOWNSHIPS.
when arrest was op warrant. Id.

Time.—Municipal action cannot change
MARRIAGE: See HUSBAND AND WIFE;

standard time. Smith v. Pittsburgh. 499
PRACTICE.

NATURALIZATION.
MARRIED WOMEN: See HUSBAND

Cancellation. - Certificate should not

be cancelled because applicant was
AND WIFE; PRACTICE.

exempted on three grounds and
MASTER AND SERVANT: See EM-

claimed exemption as alien formally
PLOYER AND EMPLOYEE.

and did not withdraw declaration
MECHANICS LIEN: See PRACTICE

of intention. In re Stotzky

371
(C. P.).

NEGLIGENCE: See EMPLOYER AND
Contractors and sub-contractors.-

EMPLOYEE; MOTOR VEHICLES; RAIL-
What constitute; what new erection ;

ROADS AND RAILWAYS; ROADS,
character of structure for court.

STREETS AND HIGHWAYS; WORK-
Snyder et al. v, Bordt

451

MEN'S COMPENSATION.

Struck by milk wagon.—When verdict
MORTGAGE: See DECEDENTS' ESTATE.

for plaintiff should stand, where she
Unrecorded.—Lien against those hav-

was struck by wheel of milk wagon
ing notice; mention in deed is notice

after purchasing milk. Gardner v.
to subsequent purchasers. Hupper

Sanitary Milk Co.

307
v. Smith

237

Sudden emergency. – Negligence can-
Execution.-Mortgagee in whose name

not be imputed for failure to per-
mortgage stood can issue execution

form duty in sudden emergency.
for whole amount due notwith-

Bentzel v. Traction Co.

459
standing part transfers. Pontz v.

Helman v. Traction Co.

439
Crawford

577 NEGOTIABLE INSTRUMENTS: See
Receiver.-Cannot have execution pro-
ceedings begun before appointment

PROMISSORY NOTE.
stayed for lack of notice. Id.

NEW TRIAL: See PRACTICE.
Judgment on sci. fa. – Will not be NOTICE.
opened to let in credits. Id.

By record.—Whatever puts party on
MOTOR VEHICLES: See JUSTICE OF

inquiry amounts to notice as record
THE PEACE; HUSBAND AND WIFE;

of deed. Adamstown v. Hartman.. 267
RAILROADS AND RAILWAYS; ROADS,

NOTE: See PROMISSORY Note,
STREETS AND HIGHWAYS.

NUISANCE: See CRIMINAL LAW.
Collision.—When non-suit entered be-

Boiler works. When boiler works
cause plaintiff did not have machine

does not constitute a nuisance to
under control approaching a cross-

neighboring residents.

Franks v.
ing. Brimmer v. Snyder

246
Lancaster Iron Works

• 73, 169
Same.-When suit for jury. Schoen- ORPHANS' COURT: See DECEDENTS'
berger v. Wolf ....

281 ESTATES; PRACTICE.
Same. - When statement which avers PARENT AND CHILD.

that plaintiff had right of way and
defendant driving

Contract to pay board. — Burden on
at unlawful

party alleging to prove. Usner et
speed. Dabler v. Mann

481
al. v. Gass et al.

387
Passing car stopped for passengers.-

In action for damages for injury PARTNERSHIP: See CORPORATIONS;
to passenger only question whether

EQUITY; LANDLORD AND TENANT.
car had stopped; defendant who Proof of. – Must be stronger in con-
violated law cannot allege contribu-

test between alleged partners. Wil-
tory negligence. Clark v. Reardon. 503 son v. Wilson

21
Collision at night with truck standing Receivership and accounting. — When
without lights on highway.--When

will be denied by court as unneces-
does not necessarily show contribu-

sary; abandonment of partnership
tory negligence and question for

works dissolution. Mentzer's Admr.
jury. Hallman v. Sterner
547 v. Hollinger

333
Injury of child in street.-When non- Suit against partner.

Partner may
suit properly entered in suit for

not

sue partner for partnership
damages, no negligence being shown.

property; he may for individual
Steffero v. Martin

553 property. Piehler v. Zaepfel ...... 464

-

PAGE
PHYSICIAN.
Negligence-Damages.-Suit for non-

suited when not shown that physi-

cian was negligent. Boltz v. Thome. 229
POWER OF ATTORNEY: See JUDG-

MENT.
PRACTICE: See Costs; EQUITY; ER-

RORS AND APPEALS; EVIDENCE; JUS-
TICES OF THE PEACE; LANDLORD AND
TENANT; MORTGAGES; MOTOR VE-
HICLES; PARTNERSHIP; RAILROADS
AND RAILWAYS; Roads, STREETS

AND HIGHWAYS; SCHOOL Law.
Mechanics' liens-Affidavit of defense,

-Rule to strike off items of me-
chanics' lien discharged when some
items good. Better practice to ob-
ject by affidavit. Ott & Co. v. Dun-
lap Silk Corp.

24
Promissory note-Executor- Affidavit

of defense.-One of two endorsers
who both paid a note cannot sue for
use of both; in suit by endorsee
negotiations should not be set forth;
judgment cannot be entered for
plaintiffon question of law what
executor need set forth in affidavit
of defense. Rhodes et al. v. Ter-
heyden et al.

31
Affidavit of defense.-Court may allow

supplemental affidavit of defense to
be filed provided it does not raise a
new question or defense. Trethaway
Bros. v. Israel

39
Judgment n. 0. V.—Cannot be entered

where no points reserved or excep-

tion taken. Stevens v. Brown 47
Service of writ. Writ served on

agent of defendant in another county
will be set aside where defendant
does its business by shipping mer-
chandise from another state on order
received from traveling agents.
Grube v. J. B. Colt Co.

53
Same.-Writ served in this county on

an officer of subordinate lodge of
another county improper where
grand lodge transacts all business.
Oster v, Brotherhood of Locomotive

Firemen and Engineers .... 63
Same.-Writ may be served on officer

of subordinate lodge in this county.

Oster v. Brotherhood
Defense. Not permitted unless set

forth in affidavit. Hess v. McAleer. 136
Affidavit.-Affidavit insufficient which
denies truth of statement in general

way. Union Trust Co. v. Martin .. 156
Set-of-Sales.-Set-off must be stated

with same detail as statement. Har-
risburg Auto & Repair Co. v. Econ-
omy Accessory Stores

157

Waiver.—Thirty days required on ser-

vice on insurance commissioner by
Act of 1895 may be waived by de-

fendant. Oster v. Brotherhood, etc. 2,3
Damages-Excessive verdict. - When

will be reduced by court. Weber 9.
Gibney

303
Set-of. Practice where same set-off

claimed by same defendant in two
separate suits. Eshbach v Hoff-
master

... 313
Statement.--Statement not insufficient

because fails to show residence or
relationship of parties whose names
are same; if plaintiff an alien enemy
or married to defendant, these are

matters of defense. Miedl o. Miedl. 317
Statement Contract. Sufficient to

allege that defendant took and car-
ried away money; contract to return

implied. Id.
Laches.—Non pros will not be entered

for delay in prosecuting suit unless
the statute of limitations has inter-
vened; plaintiff should be ruled to
file statement under local rule. Lan.

caster v. American Bonding Co. 320
Farm leasen Affidavit of defense.-In

suit on farm lease and renewals for
removal of straw, plaintiff not en-
titled to judgment for want of a
sufficient affidavit of defense when
his statement violates Secs. 5 and 9
of the Practice Act of 1915 and
does not state whether lease was
under seal or contain copies of re-
newals. Rockey v. Barr

339
Verdict-New trial.-Verdict will not

be set aside because necessarily a
compromise verdict. Adams v. J. F.
Apple Co.

347
New trial. - When additional reasons

filed too late. Good v. Kachel .... 403
Fictitious name. — Failure to register

cannot be raised as defense to part
of debt sued for contracted before
passage of Act. Philip Schum, Son

& Co. v. Waitz
Order for inspection.-Will be refused

when petition not sufficiently spe-
cific. Mowery v. Weaver

445
Employer and employee-Statement.-

When in suit for damages for in-
jury by machinery statement not
sufficiently specific as to what ma-
chinery caused the accident and
how. Welsh v. Marietta Holloware
Co.

..470, 480
Withholding goods Implied sale.-

Assumpsit will not lie for goods
taken and still held, but if out of
possession of the taker, assumpsit
will lie on implied sales. Ehrhart
v. Kauffman (No. 2)

471

279

482

as

on

87

PAGE

PAGE
New trial.- When case for jury. Tansy Amendment. — Bill may be amended
Tobacco Corp. v. Granat

even after demurrer. Agricultural
Suit on contractor's bond.—Statement

Trust Co. v. Eby

9
sufficient which alleges amount

Answer. — Should meet all allegations
plaintiff had to pay above original

of complaint and also set forth de-
contract price. City v. American

fendant's case clearly and specifi-
Bonding Co.

505 cally. L. & Y. F. St. Ry. Co. v.
Minority of defendant. Cannot be

Ea, N. P. Co.

323
taken advantage of on trial; should Contract to sell real estate - Specific
be raised by affidavit under Sec. 20

performance.-When one of two de-
of Practice Act of 1915. Reinfried

fendants served locally not prin-
v. Heiss

537 cipal defendant so to permit
Points.—Need not be specifically an-

extra-territorial service other
swered when covered in charge.

under Act of 1859. Graybill v.
Benedict v. Fulton Twp. ..., 543

Mau

340
Landlord and tenant-Affidavit of de- Specific performance. Who is prin-
fense.-In proceedings for possession

cipal defendant within meaning of
under Act of 1863 defendant may

Extra-territorial Service Act when
prove damages; no pleading is nec-

two of three defendants are non-
essary; affidavit of defense not re-

residents. Id.
quired. Fehl v. Pfaeffle
571 New Equity Rules

357
Newly discovered evidence. When PRACTICE (Q. S.): See CRIMINAL
sufficient to warrant new trial. Id.

LAW; LIQUOR LAW; Roads, STREETS
Return of service.—Return of service

AND HIGHWAYS.
conclusive on defendant. Pontz v. Verdict Jury Costs. Verdict
Crawford

577 changed by court by striking off
Sale-Warranty. – When money paid

imposition of costs without jury re-
to same execution on judgment for

tiring or being polled, allowed to
price of a horse not as warranted

stand. Com. v. Stambaugh ...
cannot be recovered; proper remedy Variation.-Complaints need not be in
action for breach of warranty.

strict legal form and latitude al-
Smith v. Pearce

549

lowed in drawing indictments. Com.
Affidavit of defense.-Court cannot, on

v. Eby

105
motion, strike out irrelevant matter

Com. v. Benedict

465
in affidavit; this can be excluded on Demurrer. Proper mode to raise

the trial. Hilton v. Sharpless ... 550 question of sufficiency of indictment.
Breach of promise to marry. - - State-

Id.
ment in suit for must state whether Perjury.—Trial for need not await de-
promise written or oral. Minnick

cision of case in which committed.
v. Denny

569
Com. v. Hilton

160
Statement.--Must be signed by plain-

Nuisance.-Objection that indictment
tiff's attorney and sworn to by

did not aver a public or common
plaintiff or some one who alleges he

nuisance being to a matter of form
knows facts. Id.

is made too late after jury sworn
Amendment. Defects in statement

and in arrest of judgment. Com. v.
may be cured by amendment. Id.

Heagy

425

Rape.-Count for may be joined with
PRACTICE (O. C.).

one for assault with intent. Com.
Depositions-Wills.Testimony of ap-

v. Reinhold
pellant from admission of will may

448

Two indictments.-Defendant may be
be taken by deposition. Bleakley's

tried on

two indictments at
Estate

29
time. Com. v. Fembleaux

480
Errors in petition. When make it PRESCRIPTION: See Roads, STREETS
impossible to adjudicate. Buch's

AND HIGHWAYS.
Estate

406 PRINCIPAL AND SURETY: See
Direct inheritance tax. - Too late to

HUSBAND AND Wife; PRACTICE,
take exception to decree of adjudica-

PROMISSORY NOTE: See AFFIDAVIT
tion because appraisement for tax
improper though not excepted to.

OF DEFENSE; BANKS AND BANKING;
Hess's Estate

JUDGMENT; PRACTICE.
407

Accommodation maker.-Not liable on
PRACTICE (EQUITY).

note in hands of payee who has suf-
Demurrer. - Cannot be filed without

fered no injury. Geib v. Geib..... 65
leave of court after answer. Octo- Corporation.-Plaintiff in suit on note
raro Water Co. v. Garrison

signed by treasurer must set forth

same

V.

PAGE
in the statement how and when he

standing husband of remarried
was authorized to sign it. Bom-

widow of decedent refused to sigt.
berger's Ex'or v. Fulton Farmers

Miller v. Schaeffer

97
Ass'n

77 Agency-Damages.-In suit for dam-
Innocent holder. - Court may direct

ages for loss on contract to par-
verdict for innocent holder of frau-

chase real estate given by agent
dolent note. St. Clair v. Hastings.. 185 without authority, the plaintiff, hav
Fraud in procuring signature.-Invali-

ing rescinded the contract, can only
dates note, and where it was non-

recover from agent the amount paid
negotiable and defendant took it for

him, if not already paid over to his
an existing debt it may be im-

principal. Galvin v. C. F. Bowman
peached. D. & C. Mut. Fire Ins.

& Co.

I15
Co. v. Shaub

203

Contract to purchase.-Where prospec
Signing on Sunday. Does not void

tive purchaser elects to change his
note if not delivered until Tuesday

mind and pay penalty provided in
though. dated Sunday. Bank

the contract, he cannot defend against
Weaver's Ex.

206 the penalty on the ground that the
Bank v. Gehman

483

title was not good. Warfel v. Burk-
Holder. Not necessary in suit by

holder

170
holder against maker to aver that

Costs Trespass for diverting water
plaintiff had no notice of defense.

upon.-Plaintiff cannot recover costs
Farmers Trust Co. v. Myers . 394

in excess of verdict where no certif-
RAILROADS AND RAILWAYS: See

cate that title involved. McElroy 2.
Filby

463
AFFIDAVIT OF DEFENSE; MOTOR VE-

Agency.-When agent cannot be de-
HICLES; ROADS, STREETS AND HIGH-

nied commission on ground that he
WAYS.

represented both parties. Pontz v.
Bill of particulars.—When allowed in

Crawford

582
suit for damage from sparks from
locomotive. Brubaker v. P. R. R.

RECEIVER: See MORTGAGE.
Co.

140 RENT: See LANDLORD AND TENANT.
Same. When statement need not

REPLEVIN.
specify number of engine that set

Affidavit of defense-Fictitious name
fire to property or what direction it

-Practice. Affidavit insufficient
was going Martin v. P. R. R. Co. 261

which claims a lien for repairs but
Automobile.-When in suit for dam-

fails to answer averment in state-
ages for trolley car striking auto-

ment that defendant had not com-
mobile after it skidded on the track,

plied with fictitious name act. Dona.
a non-suit is properly entered. Hup-

hue v. Mellinger
per v. Tracton Co.

373

Costs. When defendant has filed
Explosion in controller box. Where

counter bond verdict for part of
caused panic and passenger who was

goods carries all costs. Trust Co.
hurt sued company, case for jury on

and Fry v. Eby.
negligence of conductor and plain-

Amendment of statement. Allowable
tiff and verdict for plaintiff sus-
tained. Helman v. Conestoga Trac-

to show party who sold goods to

plaintiff acting as agent. Atlantic
tion Co.

439
Motor Truck Co. v. Kachel

290
Contributory negligence.—Where plain-

Affidavit of defense. — Insufficient in
tiff must have seen an approaching

action for horse, where avers claim
train had he properly complied with

for care of horse. Moore v. Wilson, 351
the rule to stop, look and listen, he

Lien-Counter bond.-Defendant who
cannot recover for injury at the

claims lien for services cannot give
crossing. Abel v. Payne

573

counter bond and retain possession,
Same. — When question of for court.
Id.

Affidavit of defense.-Sufficient which
RAPE: See CRIMINAL LAW; PRACTICE

sets up lease signed in blank with
(Q. S.).

understanding that same rate was

to be inserted but it was made
REAL ESTATE: See DECEDENTS' Es-

greater; immaterial that defendant
TATES; DEEDS; FENCES; FRAUDU-

had failed to pay either rate. At
LENT CONVEYANCE; LANDLORD AND

lantic Motor Truck Co. v. Kachel.. 423
TENANT; PRACTICE (EQUITY).

Affidavit of defense-In custodia legis.
Title Power to sell. When legatees

-Defendant cannot defend that
by mutual agreement execute deed

goods are in custody of the law
to one of them, title good notwith-

where such defense not set up in

id.

« 이전계속 »