The ...

Lackawanna Jurist.

CONTAINING

Decisions of the Supreme and Superior Courts of Pennsylvania, and of the Various Courts of Lackawanna County, Together With a Number of Cases Decided in Other Courts Between

January, 1903, and January, 1904.

VOLUME IV.

EDITED BY

FRANK J. FITZSIMMONS,

A MEMBER OF THE LACKAWANNA COUNTY BAR.

SCANTON, PA.

1904

TABLE OF CASES

REPORTED IN VOLUME IV.

PAGE.

Abington Dairy Co., Limited, assigned to the Abington Dairy Co., vs.
T. H. Reynolds

145

Ansley M. C., successor to Joseph Ansley vs. Nicholas Behres, Defendant and the Dunmore Lumber Co., Garnishee

331

Biglin, Margaret vs. Scranton Railway Co.

Barnett, S. & Son vs. Becker Bros..

Barry, Agnes Hallock vs. Thomas Barry

Bethlehem Steel Co. vs. The Damon Safe and Iron Works Co., et. al..
Bischoff, August vs. Benj. Du Bree, et. al.

Bucks County Prison Board.....

264

6

386

43

285

153

City of Scranton vs. Scranton School District

367

City of Scranton vs. Richard Gilgallon, et. al.

387

Commonwealth of Penna. ex, rel., Jas. F. Noone vs. John P. Kelly.

Commonwealth to the use of Kate M. Stark vs. Thomas W. Stark.

Davies, Eben P. vs. First Welsh Baptist Church, of Scranton.

In Re:

In Re: Revocation of Hotel License of Stephen McKenna
Incorporation of Stanislaus Polish National Reformed Church

1

of Scranton, Pa.

21

In Re:

In Re:

37

45

53

77

99

149

159

In Re:
In Re:
In Re:

Exceptions to Annexation of lands of the Borough of Taylor..
Est. of Ambrose Mulley, deceased
Est. of John Handley, deceased
Est. of Cornelius Compton, deceased
Est. of Joseph Chase, deceased

In Re: Est. of Mary A. Flaherty, deceased

204

293

301

327

365

354

In Re:

Indebtedness of Old Forge Twp. School District and Old
Forge Borough School District....

Kennedy, Thomas J., Treasurer vs. Joseph A. Scranton

357

Kline, Annie vs. John J. Richards, et. al. Executors and Trustees of

Parks Bros. & Co., Limited, for use vs. Oil City Boiler Works.
Pendred, George vs. N. Y. O. & W. Railway. Co

79

355

Safety Investment & Loan Co. to the use of C. H. Lewis, Receiver

vs. Harvey Van Kleeck et. al......

135

Scranton Gas & Water Co. vs. N. A. Hulbert

253

Siniawa, George, et. al. vs. George Chylak, et. al. and Rev. John J.
Skivington, H. W. vs. H. W. Palmer, et. al.

Executors of John

Handley Est

244

Skivington, H. W. vs. H. W. Palmer, et. al. Executors of John

State Capitol Savings & Loan Association of Harrisburg vs. Michael

INDEX OF CASES

REPORTED IN VOLUME IV.

AFFIDAVIT OF DEFENCE.

No judgment for want of a sufficient affidavit of defense should
unless the plaintiff's statement is such as will support a judgment.

be entered

Instead of declaring for unpaid installments, the proper practice is to declare
for and enter judgment for the penalty for the liquidation of the amount then
due and afterwards from time to time liquidate the amount due in case of fur-
ther default. This practice is regulated by Act of 14th of June, 1836, P. L. 638.
Com. to use vs. Stark, et. al-150.

ASSUMPSIT.

See Injunction. 14.

ATTACHMENT.

Rule to Quash Writ, 386.

AUDITOR'S REPORT.

Exceptions to..

There can be no mechanics' lien for alterations or additions unless, as a matter
of fact, notice has been given to the owner as required by the Act of 1887.

It is an essential element of proper pleading that the giving of such notice
be averred in the lien. A failure to do so will be cause for striking off the Hen;
but in this respect the lien is amendable at any time before trial and no third
party can be prejudiced thereby

While no particular form of words is necessary to give the notice required by
the Act of May 18, 1887, of an intention to file a mechanics' lien for additions, such
notice to be effective, should be framed in language sufficiently clear and definite
to inform the person notified that the material-man intends to file a lien under the
Act of Assembly for the price of the material furnished.

A lien was entered of record on August 5, 1897, and a mortgage nine days
later. The mortgagee contended that because the lien itself failed to aver notice
of the claimant's intention to file a lien the claim was "fatally defective," and,
after the expiration of six months. could not be amended to the prejudice of the
mortgagee.

Held: That such contention is untenable. The mortgagee certainly had notice.
The lien was entered and recorded in the "Mechanics' Lien, Docket" in accordance
with the provisions of the third section of the Act of 1836.

This section specifies in detail the nature of the entries to be made on the
docket. A mechanics' lien claim is not a record; the lien docket is the record, and
it alone effects encumbrances and purchasers.-Winton's Executors vs. Leonard,
338.

BIGAMY

See Divorce. 83.

BOARD OF HEALTH.

"It is apparent that it was the intention of the Legislature by the Acts of 1893
and 1895 to protect the public from the danger of infectious and contagious diseases
in the municipality as far as possible."