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affidavit; such defense must be
made on motion to quash, before

case given to jury. Ryder v. Lutz.. 427
Evidence-Interpleader.—When record

of former interpleader case decided
against plaintiff not evidence for

defense in replevin suit. Id.
ROADS, STREETS AND HIGH-

WAYS: See Deeds; MOTOR VE-

HICLES.
Prescription-Dedication.- Dedication

of land to public use matter of in-
tention; what constitutes sufficient
proof of dedication; setting back
fences for own use not a dedication
and gives no prescriptive right.
Mountville Boro, v. Gable

33
Highway commissioner. – May make

rules and regulations the violation
of which is a misdemeanor. Com.
v. Esbenshade

181
Street railways. Relative rights of

street railways and drivers of ve-

hicles. Frey v. Traction Co.....233, 236
Boroughs.-Widening of streets partly

within borough and wholly within
borough; when owner put on in-
quiry by record that borough owns
to his line and he must lay side-

walk. Adamstown v. Hartman .... 267
Power of viewers.—The same viewers

may vacate part of a road, supply
its place, widen a part and assess

damages. U. Leacock Road .... 283
Motor truck-Negligence. Non-suit

properly entered in suit for dam-
ages to plaintiff's truck which had
skidded on suburban tracks on dark
night and was struck by fast-going

trolley car. Bentzel v. Traction Co. 429
Washouts. When non-suit granted

against plaintiff who drove into
washout in daytime. Montgomery v.
Paradise Twp.

401
Vacation.-When order to vacate will

not be refused on exceptions deny-
ing allegations of petition and aver-
ring that no notice was given to
supervisors. Vacation of Road
formerly Maytown & Marietta
Turnpike

475
Report of viewers-Damages.-Report

of viewers refusing all damages on
ground that benefits offset damages
need not set forth the damages and
benefits to each owner; injured
land owner has remedy by appeal.
Road in E. Donegal Twp.

552
SALE: See AFFIDAVIT OF DEFENSE;

GUARDIAN AND WARD; PRACTICE.
Possession.-Where a vendor agrees to

keep the goods for the vendee until

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called for, it is his duty to keep

them safe.. Frymyer v. Wenger... 59
Rescission by vendor. — When makes

him liable for damages. Clifton
Forge Milling & Feed Co. v. Jonas
F. Eby & Son

121
Goods to be satisfactory.-In sale sub-

ject to approval, where no time
limited for approval, intention of
parties as to time may be shown by
parol; if vendee satisfied he cannot
subsequently change his mind. Burk-
holder v. Hess

165
Warranty. Goods not as warranted

must be returned immediately if
vendee elects to return them, though
time allowed in contract has not ex-
pired. Pearce v. Steffy

318
Ben. Felsenthal & Co. v, Zook

369
Foreign corporation. May sell here

through agents without filing certifi-
cate and may sue for price. Excello
Mfg. Co. v. Ritchey

353
Warranty.—Vendee who is dissatisfied

with part of goods cannot return
part of order and keep part of
order. Ben. Felsenthal & Co. v.
Zook

369
Passing of title. Where goods sold

were burned before delivery f. o. b.,
vendee can recover purchase money.
S. H. Grammer & Sons v. Landis
Bros.

381
Lonker & Stevens v. Cohen

497
Failure to deliver.-Measure of dam-

ages difference between market price
and purchase price on day fixed for
delivery in original contract or as
afterwards extended. John T. Fahey
& Co. v. C. V. Adams

390
Government permit.Vendor's duty to

obtain when necessary. Id.
Agency - Tobacco. When plaintiff

could not recover for loss on resale
of tobacco alleged to have been sold
to and refused by agent of defend-
ant, which agency was not shown.
Book v. Froelich

455
SCHOOL LAW.
Removal of directors.-When directors

should not be removed because they
closed a school under advice of
County Superintendent. In re East

Cocalico Twp. School District 495
Proceedings to take property. — May

be withdrawn by board after appeal
from report of viewers, In re U.
Leacock School District

559
SET-OFF: See PRACTICE.
SPECIFIC PERFORMANCE: See

EQUITY; PRACTICE (EQUITY).
STATEMENT: See RAILROADS AND

RAILWAYS; PRACTICE,

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STATUTES: See ActS OF ASSEMBLY.
SUBROGATION: See WORKMEN'S

COMPENSATION.
SUMMARY CONVICTION: See CRIM-

INAL LAW.
SURETYSHIP: See HUSBAND AND

WIFE; PRACTICE.
TAXES: See BOROUGHS; DECEDENTS'

ESTATES.
TELEPHONE COMPANIES: See

BOROUGHS.
TRESPASS: See REAL ESTATE.
TOBACCO: See Sale.
TRUSTS AND TRUSTEES: See BANKS

AND BANKING; Wills.
Death-Divorce Husband and wife.

–Testamentary trust made termin-
able on death of cestui que trust;
husband held not terminable on her
divorce. Henry's Estate

217
Issue.—When “ heirs and legal repre-

sentatives means “issue" and re-
mainder in trust should be awarded
absolutely. Wise's Estate

248
Funeral expenses. When allowable

out of trust fund. Roland's Estate, 293
Care of grave. Testamentary trust

for care of grave is a charitable
use and void if testator dies within
thirty days after making will.
Eby's Estate

329
Rule in Shelly's Case.—Will not trans-

form active trust into absolute be-
quest. Miller's Estate

487
Wills. When active trust created.
Buch's Estate

506
Estoppel. Cestui que trust having

signed an agreement fixing amount
of his share, cannot take exception

to such sum. Id.
Uninvested funds.—Trustee must pay

6 per cent for. Id.
TOWNSHIP: See BOROUGHS; BRIDGES;

ROADS.
Treasurer and secretary.—Compensa-

tion of under Act of 1917. In re
Manor Twp.

167
UNINCORPORATED BENEVOLENT

SOCIETIES: See DECEDENTS' Es-

TATES; PRACTICE.
Benefit-Waiver.-Acceptance of pre-

mium from delinquent member
waives by-law and makes him bene-
ficial. Kurtz v. Clergymen's Co-op.
Ben. Ass'n

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VERDICT: See PRACTICE (C. P.);

PRACTICE (Q. S.).
WAGES: See EMPLOYER AND EMPLOYEE.
WAIVER: See UNINCORPORATED BENE-

FICIAL SOCIETIES.
WARRANT OF ATTORNEY: See

JUDGMENT.
WARRANTY : See PRACTICE (C. P.);

SALES.
WATER POWER ELECTRIC COM-

PANIES: See HYDRO - ELECTRIC

COMPANIES.
WAYS.
ObstructionInjunction. — Placing of

removable rails across a right-of-
way will not be restrained by in.

junction. Ziegler v. Hoffman ..... 533
WIDOW: See DECEDENTS ESTATES;

EVIDENCE; UNINCORPORATED BE-

NEVOLENT SOCIETIES; WILLS.
WIDOW'S EXEMPTION: See Ex-

EMPTION (WIDOW's).
Separation. Exemption allowable

after separation where relations

were renewed. Bitner's Estate .... III
WILLS: See PRACTICE (O. C.); TRUSTS.
Heirs."—When widow takes as heir

to personalty. Longenecker's Estate. 4
“Per stirpes and not per capita” in
will. Miller's Estate

36
Remainder.—When vests

57
Lapsed legacy Partial intestacy:-

When legacy of rents and personalty
to children without further disposi-
tion in case of death, causes intes-
tacy as to share of dead son.

Wacker's Estate
Exclusion. — Where specific exclusion

of two children shows intention not
to exclude the third although ex.
cluded in prior part of will. Bitt-
ner's Estate

135
Heirs. When covers personalty,
Eshleman's Estate

147
“My nephews and nieces of my full

brothers” means descended from
decedent's full brothers. Kochel's
Estate

184
Remainder-Vesting of. · Remainder

vests in those of a designated class
living at death of testator. Becker's

Estate
RemaindersVesting of. When re-

193
Widow.—Widow and beneficiary can-

not sue in assumpsit. Gottselig v.
Union

244
VENDOR AND VENDEE: See REAL

ESTATE; SALES.

mainders to go to “relatives under
intestate law” and not to widow of
testator and widow of son the life

legatees. Hildebrand's Estate ..... 337
'Heirs and legal representatives."—

When means issue. Wise's Estate.. 248

... 226

PAGE Remainder to son.-When devise for

life to testator's son with remainder to his son, not naming him, carries title to son and only grandson of testator and the remainder is not for a

class. Hamaker, Ex. v. Charles

291 Remainder to brothers and sisters.

Only those living when will drawn

can participate in. Greiner's Estate. 305 Interest due cestui que trust on debt

of decedent, payable to his executor
after his death though not audited
in account of decedent's executor.
Greiner's Estate ...

305 Impossibility of constructions.-When

PAGE estate distributed under intestate law because will impossible of construction by constantly referring to one child when the testator left three. McIlvaine's Estate

404 WITNESS: See Costs; EVIDENCE. WORKMEN'S COMPENSATION

LAW.
Subrogation Limitations. — Employer

found liable entitled to subrogation
to right of employee against third
party also liable; name may be
added by amendment where statute
of limitations would bar new suit.
Phelan v. Armstrong Cork Co. .... 83

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