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BANKRUPTCY- Continued.
A bankrupt is entitled to his exemption if he files
his schedules within ten days after the adjudica-
tion, even if the goods have been sold in the
meantime.........

302
The right to occupy a stall in city market is assets

in the hands of the trustee....
Several pieces of property subject to separate liens

being sold, each piece should bear its share of
the expense....

329
Rent accruing to bankrupt's estate after adjudica-

tion should go to the lien creditors and not to the
general fund..

Ib
BENEFICIAL ASSOCIATIONS. Under Act of

April 28, 1876,. assumpsit cannot be maintained
against a beneficial lodge or its members for
death benefits.............

104.
BOROUGHS. What ordinance restricting peddlers
and street merchants is valid..

107
Borough councils in selling bonds must act in

good faith so as to obtain a fair price for the
bonds.....

218
Duties of commissioners appointed to divide bor.
ough into wards...

267
Resolutions of council do not require signature of
burgess.......

289
Under what facts incorporation will be refused... 308
Borough ordinances regulating excavations in

streets must be reasonable in their restrictions
on public corporations..

419
Under Act of June 26, 1895, the incorporation of a

borough is within the reasonable discretion of
the court to be determined by the peculiar facts
in each case..........

433
BRIDGES. Right of county to condemn a bridge

when within one-fourth of a mile of another
bridge........

272
BUILDING AND LOAN ASSOCIATIONS.

Building and loan associations may issue pre-
paid stock, but not to exceed the instalment
stock..

112
CEMETERIES. See Municipal Improvements.
CHURCHES. Upon division of church, that part

maintaining regular forms of organization, ac-
sording to laws of church, retain title to prop-
erty....

1
What action of minority of members of church in
occupying church lot and building thereon, will
estop majority from bringing ejectment to re-
cover....

Ib
CONSPIRACY. Acts in obtaining an option and

attempting to sell real estate which do not
amount to conspiracy.....

391
CONSTITUTIONAL LAW. Policemen, being

appointed offlcers witnin the ineaning of Ari.
IV., sec. 4, of Constitution of Pennsylvania, may
be removed at pleasure of power appointing
them

9
Act of May 26, 1897, prohibiting removal of soldiers

of civil war, who hold public office, is unconsti-
tutional....

Ib
All proposed amendments must be presented to
Governor for his approval......

51
Secretary of Commonwealth cannot be compelled

by mandamus to cause advertisements to be made
for proposed amendments when no appropriation
has been made.

Ib
CONTRACTS. Architect employed to draw plans,

etc., for remodeling a building for specified sum
can recover reasonable compensation for work
done, though building is destroyed by fire before
completion ....

27
CORONER. See Witness.
A coroner's inquest will not be reviewed in Com.

mon Pleas where petitioner does not show an

interest and the review would do him no good..... 410
CORPORATIONS. Under what facts charter of
first class should be refused ........

47
In suit for subscription to capital stock of corpora-

tion affidavit of defense is insufficient which re-
cites that if afsant was fraudulently induced to
sign the paper upon belief that objects therein
stated would be carried out, but that they had
not been ....

78
A party cannot recover or offset extortionate tolls

unless at the time he made due protest of the toll. 93
A theatre company borrowing money to loan to its

lessee to run the theatre is not acting ultra vires... 230
Facts not authorizing the appointment of a re-
ceiver....

Ib
The Act of May 22, 1887, does not give exclusive
franchises to water companies.......

239

CORPORATIONS-Continued.
Under Act of May 11, 1889, traction companies do

not have the exclusive use of public bridges.......... 333
Borough ordinances regulating excavations in

streets must be resonable in their restrictions on
public corparations..................

419
COSTS. County from which criminal has fled can.

not be made liable for costs of extradition im-
posed by treaty with another country.......... 16
Under what circum tances judgment upon verdict

should be entered for plaintiff without costs
purusant to Act of March 20, 1810.....

71
Decree made by register without reference to costs

raises inference that no costs were to be paid by
party incurring them, and when no appeal is
iaken within three years such decree is conclu-
sive.....

72
Where two cases between same parties are tried

together and each party wins one, the witness
fees should be equitably apportioned between
them........

87
A non-resident plaintiff may be required to give
security for costs in an equity suit....

IM
After satistaction of a judgment on execution the

plaintiff cannot issue a second execution for costs 119
Costs on appeal from board of viewers........

271
Plaintiff having bad the court appoint an engineer

to survey a coal mine in an action for damages
10 the surface must pay the engineer's costs
himself......

350
CRIMINAL LAW. The insolvent laws do not

free a man from Jaibility to arrest for payments
required in bastardy proceeding which accrued
after the insolvency proceedings.........

117
The Act of May 15, 1874. does not require that petro-

leum be retested on every sale, the one original
test being sufficient........

161
The Act of March 31, 1863, making it a crime to loan
city money does not involve the borrower

195
DAMAGES. In action for damages to land facing

on street upon which an abutment for bridge has
been built, damages cannot be recovered for land
facing on street running under the abutment of
bridge which is held by separate and distinct title
and held and used separately from that on the
other street, though the houses on each street used
same hydrants and were supplied with gas from
same pipes....

11
DECEDENTS' ESTATES. Duration of lien of

judgment as against defendant and his heirs is
unlimited........

77
In distribution of proceeds of decedent's real estate

among heirs or devisees, certificates as to judg-
ments against heirs are necessary fo twenty
years...

Ib
Where lien of general creditors of decedent has ex.

pired upon certificate of prothonalary bei g filed
ihat no suits have been entered, distribution will
be made to heirs.......

Ib
An issue to try the validity of a will should not be

granteil without substantial evidence to support
it........

90
A bank having discounted a forged note and

placed proceeds to forger's credit cannot after his
death retain the proceeds....

138
An administrator having lost the fund raised by
sale of real estate for payment of debts through
the failure of a bank, a creditor is not entitled to
other money of the heirs.....

184
In an attachment execution of a legacy distribute

tion of the fund is solely in the hands of the Or-
phans' Court....

206
Testamentary provision for claimant not a bar to
claim for wages...

261
Specific legacy of a debt does not abate in order to
contribute to pay general legacies.....

269
Effect of inventory in charging liability on execu-
tor....

273
Specific performance of an agreement to sell real
'estate will not be decreed where petitioner may

not be able to perform his part of contract. 393
A lile tenant in stocks is not entitled to undivided

surplus earnings, but is entitled to them is paid
out at any time.........

352
A creditor and heir of decedent can require oil

produced from decedent's real estate to be sold
and proceeds applied to paying debts.......... 365
Premiums received for bonds are part of the cor-
pus of the estate and not income as are increase
of the value of the stock over par...

371
An agreement by husband and wife for separation

does not extinguish the wife's right to dower...... 394
The heirs of a decedent having given a judgment

for a debt the lien or which had expired cannot
afterward contest it for want of consideration...... 125

1
1

INDEX

OF SUBJECT'S.

III

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DESERTION. A husband's. liability to support

his wife is oot barred by the statute of limita
lions nor is the right to arrest the husband for
non-support..........

162
DIVORCE. What evidence sufficient to justify di-
vorce on ground of adultery..

13
What evidence is not sufficient to obtain a decree
on ground of desertion ......

94
The libel should state the ground for divorce in the

words of the act. Each ground should be stated
separately....

109
What is not sufficient evidence of desertion............. 110
Leaving a husband for non-support is not snicient
evidence of desertion .....

Ib
A decree will not be amended after four months so

as to require respondent to pay attorney's lees..... 111
Separation in a quarrel without further attempt at

reconcilation is not sufficient evidence of malici.
ous desertion...

133
A resident of this State may obtain a divorce

against a non-resident for causes occurring in an-
olher State...

208
A. having married a person who at the time has a

............ 361

wife living need not procure a divorce before
marrying again.......

238
Subpæna cannot be served outside the State....... 272
Pariies living apart under articles of separation

cannot obtain a divorce on the ground of deser-

tion
DOMESTIC ATTACHMENTS. See Bankruptcy.
DOWER. Under what circumstances purchaser at

sheriot's sale against dowress who has purchased
the fee takes it discharged of the dower...
Where a guardian of children entitled to a lee con-
veys the same to the dowress, who covenants
that the principal of her dower shall remain
charged on the land until her death, she in the
meantime retaining the interest, the effect is to
make the part of the gross price of the land,
which represents the dower, not paya' le until
her death, and then without interest..

Ib
Dower is not extinguished by an agreement be-

tween husband and wife to live separate and
apart............

394
EJECTMENT. Where jurisdiction of Orphans'

Court in regard to sale had failed, sale cannot be
attached collaterally in ejectment in Common
Pleas

60
ELECTION LAWS. A political party has the

right to use its name on the ballot and indepen.
dent person cannot preempt the name...

163
Powers and duties of a can vasing board of a party
in the primary election........

255
Withdrawal of a minority of a canvasing board
from the meeting..

238
Rigbt of court to review decision of the canvasing
board in a primary election.

259
Rights and term of omce of a judge of election ap-
pointed by the minority inspector.....

260
Commissioner cannot examine ballots as to which
be has no testimony......

318
The addition of a cross mark besides inserting the

name in the blank column does not make the
ballot Illegal.......

318
Voters may use individual stickers in inserting a

name in the blank column of the ballot, but a
paper covering the centre column makes the bal-
Tot illegal.........

Ib
EQUITY. A. entered into an agreement with B..

whereby B. was to lay out into lots a tract of
land belonging to A. and have the exclusive
right to sell the lots for one year. A. agreed to
acknowledge the plan and sign deeds as sales
were made, and after enough money was realized
to pay a certain mortgage on the property and
pay A. $3,400. A. was to make a deed of the bal-
ance of the property to B. B. made a plan and
sold enough lois to pay A. his money, but A, re-
Sused to execute the deeds and repudiated the
contract. B. filed a bill equity to compel A. to
sign the deeds to purchasers and convey to him
the balance of the lot. Held, that A. could re-
voke the authority of B. to sell the lots, and as
there was no binding agreement between A, and
the purchasers, specific performance of this part
of the contract could not be enforcad. As B.
had performed his part of the contract he was
entitled to a deed for the balance of the prop-
erty..........

48
On a decree in equity for payment of a specific
sum attachment execution may issue.....

82
A decree of the court appointing a receiver and
directing an assessment of the stock holders is
binding on them in an action for the assess.
ment.......

101, 102

EQUITY-Continued.
Equity will restrain members of a labor union

from enticing apprentices away from their em-
ployer and urging them to strike.....

129
Where grantees of a right to use a spring have

made improvements and used them for eight
years, equity will protect their rights though
they are not established in law.

132
A particular use of an easement in a spring will

not be restrained where the supply of water is
suficient for all....

Ib
Evidence of a mistake in the amount of a mort-
gage must be clear and certain to have the in-
strument retorined......

171
In a bill for specific performance, if the evidence

leaves the rights of the parties in doubt, a decree
will be refused.....

172
In decreeing specific performance of a contract to

exchange real estate equity will require the
plaintiff to account for profit which would have

belonged to the defendant under the contract...... 216
Equity will not restrain ultra vires acts of corpo-

ration at the suit of a rival corporation simply
to prevent competition....

239
Several owners of different houses connot join in

one bill to prevent the location of a hospital......... 359
On a bill in equity for specific damages for the de-
fault.....

367
Where defendant secures a deed on false repre-
sentations he cannot prevent its cancellation in
equity by setting up that plaintiff made it to de-
feat an ejectment suit......

399
A bill in equity for mesne profits cannot be main-
tained...

401
In a bill in equity filed to obtain plaintiff's own

peculiar rights to certain profits other parties
cannot be allowed to intervene....

401
ESTOPPEL. See Churches.
EVIDENCE. A commissioner to take depositions

cannot issue a subpena duces lecum without
order of court..

89
Surviving party cannot testify as to matters taking

place before a third party unless the third party
first testifies.......

329
An ordinance of the city requiring certain precau-
tions is not evidence of negligence, the ordinance
not being followed......

351
EXECUTION. On decree in equity for payment

of specific sum attachment execution may issue. 82
Staying of lev. fa , though money could have been
niade on execution, does not effect right to issue
a second one.....

85
In an attachment execution of a legacy distribution
of the lund is solely in the hands of the Orphans'
Court.....

206
Out of the proceeds of sale on an execution the

landlord is not entitled to water rent which he
has paid for the tenant........

215
An atiachment execution stops interest on the debt

due from garnishee only from the date of the

attachment and on the amount attached...... 306
Execution or attachment execution cannot be

issued on a judgment of a justice after five
years....

307
An attachment execution binde all nds that

come into the hands of the gernishee up to the
time of taking judgment on his answer...

343
A waiver of exemption is irrevocable....

425
EXECUTORS AND ADMINISTRATORS. See

Fraud.
An executor having carried on a business with the
consent of the heirs is not liable for losses which
occurred through no fault of his..

188
Determination of an executor's cominission where
losses have occurred in business carried ou)..

Ib
Executors making a contract that is fair and rea-

sonable to the other parties will not be sur-
charged although it results in giving up part of a
valid claim...

309
EXEMPTION. See Execution-Bankrupt.
EXTRADITION. A defendant having been extra-

dited for a crime cannot on the expiration of his
sentence be arrested on a capias.......

347
FALSE IMPRISONMENT. The authorities of

an insane asylum are not liable for detaining an
inmate who has become sane unless they acted

wilfully and maliciously in the matter...... 422
FIXTURES. May remain personal property under
agreement.......

263
FRAUD. See Practice.
Act of July 9, 1897, authorizing courts to inquire

into validity or judgment alleged to be fraudulent
is not unconstitutional and void........

32

45

FRAUD-Continued.
What evidence in the sale and mortgaging of real
estate is insufficient to show a fraudulent par.
pose to defeat mechanic lien creditors.....

103
A conveyance to A., subject to a mortgage and sub-

sequent payment of the mortgage by A., makes
A. a purchaser for value..

125
A bank having discounted a forged note and placed
the proceeds to maker's credit cannot after his
death retain the proceeds...

138
A trustee of bonds having fraudulently pledged

them, his executor is not entitled to the bonds on
paying the debt........

232
A sale as security for a debt without transfer of
possession is void.....

329
GAME LAWS. Under Act of March 23, 1803, the

owner of dam must maintain sluice-ways for
fish, though the dam was originally cunstructed

by the State and sold to the defendant............... 190
Act of May 22, 1889, construed.

232
GUARDIAN AND WARD. Whataction on part

of guardian in collecting money from beneticial
society for benefit of his wards, will make him
liable for its loss......

29
Where guardian sells interest of minor in real

estate, but who gives no bond as required by
order of court and Act of 1853, ejectment will lie
upon minor's becoming of age....

61
HABEAS CORPUS. Superior Court has right to

issue habeas corpus only where it has revisory

jurisdiction over lower court.......
Relator arrested by Common Pleas upon a warrant

under Act of 1812, based upon debts exceeding
$50,000, can not have his case reviewed by Superior
Court by habeas corpus.......

Ib
HOSPITALS. The Act of April 20, 1899, forbidding

hospitals in the built-up portion of city does not
poeation.......
prevent an existing hospital from changing 118

359
Under above act a private person is not entitled to
relief unless he shows special damage......

Ib
INSANITY. See False Imprisonment.
INSOLVENCY. A party who has taken the bene-

fit of the insolvency laws may be arrested for
payments accruing afterwards in a bastardy
case...

117
INSURANCE. See Affidavit of Defense.
Meaning of word “ good health" in policy is for

jury where it appears that insured at iime of
payment of premium and delivery of policy was
in bed with cold which developed into pneu-
monia.........

31
An agent of insurance company is not responsible

to company for loss arising from clerk or agent
violating instructions given him in relation to
placing insurance on prohibited risks.....

75
A decree of a court appointing a receiver of a
mutual insurance company and directing an as-
sessment of the members to pay debts is binding
on them in an action for the assessment......... 101, 102
Prools or loss must be sworn to by the insured and

not an agent or good reason shown for the failure
to do so....

140
“Amrmative proof of death" in an accident policy

means simply prooi that the assured is not
living...........

270
Construction of a mutual insurance policy which

provides for advance payments and their appli.
cation to keeping the policy alive..........

429
INTEREST. When judgment creditor of debtor

will not be allowed interest on his judgment to
the exclusion of other creditors of debtor...

42
JUDGMENT. Only one judgment can be confessed
on a judgment note..

96
A Judgment note illegally given, but afterwards

properly ratified will not be stricken from the
record.

Ib
A judgment will not be opened unless the testi-
mony shows fully a good defense......

315
In distribution of the proceeds of a judicial sale be-

fore a master the validity of a judgment cannot
be questioned for want o consideration....

4:25
After a decree in equity has been affirmed by a

higher court, the lower court has no authority to

modify it on after-discovered evidence.................. 117
JURISDICTION. The Common Pleas has no juris.

diction over the recorder to order satisfaction of
a mortgage to be stricken off on petition of mort.
gagee.....

149
A party having submitted his rights to a court of
bankruptcy cannot afterward object to its juris.
diction...

322

JUSTICE OF THE PEACE. In action for dam.-

ages for obstructing ditch in such a way that
water therefrom after heavy rain injured plain-
tiff's land, what facts constitute such a case as
to make action one of trespass on the case, and
hence not subject to jurisdiction of Justice........
Vacancy in office of the justice of the peace, which

was settled pursuant to cominission from the
Commonwealth, should be filled by court, if rec-
ords of Commonwealth do not show any vacancy
to exist.......

46
Entry of appeal in Cominon Pleas Court is ground

for quasbing certiurari subsequently issued and
certiorari regularly issued and served, bars right
of an appeal..

53
Justice cannot enter judgment for want of suff-
cient affidavit of detense..

99
Under Act of June 8, 1893, relating to commitment

of minors to charitable institutions, a justice
cannot convict parent of cruelty......

100
A justice has no jurisdiction in an action for sell
ing a plated watch as a gold one...,

105
An appeal nunc pro tunc will be allowed from the

judgment of the justice where the justice pre-
vented its being taken in time....

123
The record of a justice showing an offer by defend-

ant and judgment entered for more than the
ofter is insufficient.............

133
A judgment against A. and wife without paming
the wise is detective as to her.....

Ib
An appeal may be perfected after the statutory
time where no injustice is done thereby..

134
A justice may issue attachment-execution on tran-

script of another justice, although defendant does
not reside and is not in the county..

118
Giving bail for costs on appeal does not waive the
right to object to prior errors.........

250
A magistrate's record showing an appeal allowed

without bail for costs, the Common Pleas may
allow bail to be perfected.......

315
Where an appeal from an alderman is not taken
in time the bond for costs is void..

371
Justice of the peace has jurisdiction in foreign at-
tachment to the amount of $300.

393
A Justice's transcript must set forth the facts suffl-

ciently to show that he had jurisdiction ............. 416
LANDLORD AND TENANT. See Bankruptcy.
Lessor who sells to his lessee the leased premises

during a quarter, the lease providi:g that rent is
payable in advance, and agreement to sell having
been made prior to commencement or quarter, is
entitled to rent for quarter..........

19
A landlord has no lien for rent on proceeds of sale
of leasehold..........

135
Rent penalties are not a preferred claim in bank.
ruptcy ......

177
Out of the proceeds of sale on execution the land-

lord is not entitled to be paid water rent which
he has paid for the tentant...

215
Words in a lease necessary to waive the three

months' notice required by Act of Dec. 14, 1863... 271
A landlord erecting a new building after a fire

cannot collect rent during time or building....... 309
In proceedings to obtain possession under Act of

December 14, 1863, the defendant may have both
a certiorari and an appeal, but it he wishes to

claim damages for eviction he must appeal....... 316
LIBEL AND SLANDER. In action for slander

charging crime, delendant need only prove truth
of words spoken by weight of evidence......

56
Plaintiff is entitled to compensatory damages re-
gardless of the wealth of defendant....

432
LIMITATION OF ACTIONS. The statute does

not run against the lessee of an oil and gas lease
who has the right to remove fixtures while the
forfeiture of the lease is in dispute in an eject-
ment proceeding..

205
The statute of limitations does not run against a

claim for services to be compensated for after
death........

261
An assignment for creditors tolls the running of
the statute..

411
LIQUOR LAWS. Sale of spirituous liquors in

army canteen or other place without regular
licenses is illegal.....

28
Under the Act of June 21, 1861, and July 30, 1897, a

brewing company may receive more than one
license in the same county.

179
MALICIOUS PROSECUTION. Evidence suffi-

cient to justify a verdict in action for............... 292
MARRIED WOMAN. Married woman may

mortgage her real estate to pay her husband's
debts, but where mortgagee has covenanted in
mortgage to pay such debts, she is not liable......... 71

410

MARRIED WOMAN-Continued.

MUNICIPAL IMPROVEMENT-Continued.
A married woman having elected to take real Property owner who is allowed damages is en.
estate under a will instead of its proceeds, which

titled to interest from the confirmation of the
were to be held for her separate use, cannot after-

award.

370
ward change her position and thus avoid a mort- Borough officers in constructing a sewer may
gage she has given.....

363

make slight variations from the petition without
Where a mechanic's lien, invalid on its face, is

vitiating the proceeding......

377
Aled against property of a married woman and Straighteping a curb line to its true boundary is
she afterwards gives a note in payment the lien

not changing the location of a street......
is thereby validated....

413
Where a married woman allows improvements to

NEGLIGENCE. Under what circumstances fail-
be made on her real estate under a contract

ure of borough to erect barriers on side or high-
signed by her husband alone, she will be bound

way, which results in personal injury, is negli.
gence..

21
therefor, the husband being presumed to have
authority.........

413

When question of whether plaintiff is guilty of

contributory negligence, who is injured by fall.
MASTER AND SERVANT. See negligence.

ing over embankment of recently excavated
MECHANIC'S LIEN. Material-man who gives public street, is for the jury .........

Ib
receipt to contractor for money paid for material Under what circumstances does injury to child of
of house and takes his check, which is worthless,

tender years, who is injured while playing on
cannot file lien against house after contractor has

street car, fail to show negligence on part of
received money from owner on faith of the re-

street car company

62
ceipt......

70

No evidence of negligence is shown by compa' y
Lien for alteration and repairs which does not

which puts boy or 18 years to work on electrical
aver notice to owner will be stricken from record. 83 machine, admittedly dangerous, but in common
A mechanic's lien containing one good item and

use, and who is injured while operating the ma-
other bad ones is valid....

96 chine after four weeks' instruction and three
MERCANTILE TAX LAW, Opinion of the

weeks' experience, he having been put to work
Altorney-General as to who are subject to the

at his own request......

67
tax....

278 A parent leaves a child four years old completely
MINES AND MINING. Lessee of coal mine who

out of his sight and care and the child is injured
stipulates to pay royalty of so much per bushel

by a car, the parent is guilty contributory negli.
gence...

153
for coal mined, as taken from pay-rolls of lessee,
must pay royalty for entry coal mined in opening

Where the plaintiff steps into the open door of an
passageways, though mining of it costs more..... 6

elevator from a dimly lighted hallway, the ques-
Where ierms of lease are not ambiguous custom of

tion of contributory negligence is for ihe jury...... 183
lessor in paying in a different manner for entry

What evidence on part of defendant is necessary to
coal does not effect lease......

Ib overcome presumption of negligence in injury to
It is an ordinary and usual precaution in mining to

passenger.......

290
leave support for the surface....

421

Where plaintiff's case depends on his own evi-

dence, and the accident could not have happened
MORTGAGES. Where a mortgagee assigns his

if plaintiff's evidence is true, a nonsuit will be
morigage to an oil and gas lessee and receives a

granted........

314
bonus, the mortgagor is not entitled to have

Plaintiff being injured by the negligence of A., who
the bonus credited on the principal..........

86

had the sub-contract for the root in erection of a
Court of Common Pleas has no jurisdiction over
the recorder so as to order satisfaction of a mort-

building, cannot recover from the general con-
tractor.....

351
gage to be stricken off on mere petition of mort-

An ordinance of the city requiring certain precau-
gagee.

149
Where mortgagee refuses to satisfy on tender of

tions is not evidence of negligence, the ordinance
not being followed....

Ib
payment the mortgagor's remedy is by paying A bicycle rider who rides in front of an approach-
ihe money into court under Act of 1851 and not

ing car withont attemping to get out of its way is
by bill in equity.

153
guilty of contributory negligence......

431
MUNICIPAL CORPORATIONS. The fact that
a city purchased all the stock of a bridge com.

NEW TRIAL. What party applying for new trial
pany and made it free does not invalidate prior

on ground of alter-discovered evidence must
show............

83
coniracts with traction companies for payment
of tolls.........

115 OIL AND GAS LEASE. Lessor is entitled to
Councils have the right to regulate their own pro-

have lessee or his assigns drill on his farın such
ceedings and interpret their own rules.....

154 a number of oil wells as may be reasonably neces-
What dealings with city money amount to fraud so

sary to develop and test it, and may bring bill in
that the borrower may be held responsible.......... 195 equity to compel lessee to drill.......

39
MUNICIPAL IMPROVEMENT. Cost of sewer

Owner of oil lease cannot prevent adjoining owner
accommodating other than abutting properties,

from using pump to pump oil from under the
or larger than necessary, cannot be charged

land......

58
wholly lo abutting owner. City must pay excess

Lessee of an oil and gas lease is bound to drill
of cost.......

without unnecessary delay as many wells upon

18
Assessments for cost of improving street is an en.

the leased premises as may be reasonably neces-
cumbrance dating from time work commenced. 57

sary to secure the oil for the common advantage
Land of cemetery company whose charter pro.

of the lessor and the lessee, and in doing so must
vides that land of company shall be used for

take into consideration the number and location
burial purposes only and not liable to be sold for

of the wells on adjoining farms....

68
debt is not liable for municipal assesment for

Where an oil and gas lease gives the lessee the
construction of sewer.......

63

right to remove fixtures he may bring an action
Where a city repeals an ordinance for street pave-

for their value if prevented from removing them. 205
ing after viewers are appointed the property own.

The statute of limitations does not run against a
ers are entitlid to have attorney's sees paid as

lessee who has the right to remove fixtures if the

forfeiture of the lease is in dispute in an eject-
costs.

88
A city may regulate the width of sidewalks as it

ment proceeding.....

Ib
sees fit....

145

A lessee of oil and gas territories is not bound to
A city may appeal from the award of viewers, pro-

test all of the farm leased.

213
vided it does so by leave of court. The appeal

Unless the failure to drill amounts to fraud lessee
should show proper authority from city councils. 157

will not be required to fully test a farm for oil
Landowner noi entitled to damages for destruction

and gas, the lease not specifically requiring it....... 221
of a spring resulting from grading a street

249

A payment of rentals with a statement that it is in
Where notice to property owners is not necessary. 289

ruli settlement as the well had stopped producing
In an action to determine the benefits to properly

is not a surrender of the lease so as to release the
by a street improvement the jury should be sent

lessee from further liability......

281
to view the property at the request of either

Where a lease requires rental for a gas well by the
party...

year. Year's rental is due if the gas was actually

297
The verdict or the jury is limited to the amount of

used at the commencement of the year....

281
benefits fonnd by the viewers with interest from

Liabilities of assignees and sub-lessees of oil and

286
the date when the viewers' report would have

gas lease on covenants in the lease.....
been comfirmed if the appeal had not been

Where a gas well through no fault of the operator
taken......

becomes flooded and useless the lessee is relieved
A school house is not subject to a lien for street

from paying the royalty.......

316
improvements......

356 OYER AND TERMINER. See Quarter Sessions.

222

PARTITION. Owelty charged on land in parti-

tion proceedings by decree of court is not divested
by a sheriff's sale.

320
PARTNERSHIP. Marriage of a woman partner

or death of a partner dissolves the firm and notice
to third parties is not necessary.
Liability of a married woman for partnership debts Ib
Transaction changing a creditor of a firm into a
creditor of an individual partner ......

265
Rights of a surviving partner in winding up the
business.....

273
PETROLEUM. The Act of May 15, 1874, does not

require that petroleum be retested on every sale,
the original iest being sufficient..

161
PRACTICE. What is proper practice in relation to

exceptions filed to report of board of viewers
which has been filed in court.........

19
Act of July 9, 1897, relating to inquiry by courts

into validity of confessed judgments is manda-
tory as to intervening creditor filing bond, but
proceedings will not be quashed when bond, fled
nunc pro tunc in court below, is not objected to
until record is in Supreme Court.....

32
Assumpsit will not lie to recover article from per-

son whom plaintiff claims illegally detains it....... 68
Plaintiff's counsel in speech stating elements of

damage, when not ground for a new trial....... 229
Objectionable remarks by counsel..

248
Giving bail for cost in appeal from justice of the

peace does not waive the right to object to prior
irregularities......

250
Judgments for want of an affidavit of defense on
appeal from a justice

283
Plaintiff may discontinue or take a nonsuit at
any time...

285
A judgment will not be opened unless the evidence
ws clearly a good defense.....

315
In an action for damages to the surface from min-
ing coal, the court will on plaintiff's petition ap-
point an engineer to survey the mino.

349
QUARTER SESSIONS. Right of defendant to

object to jurisdiction after submitting to trial... 248
RAILROAD. The A. company negotiated a right

of way for the B. company in which it owned all
the stock. Held, that the former was not bound
to fulfil the covenants in the deed conveying the
right of way

187
A railroad must keep open a causeway left there

when the road was built, and it will be required
to do so in equity, Act of February 19, 1849.... 171
Viewers may be appointed for the construction of

a lateral railroad under Act of May 5, 1832, regard-
less of exceptions filed thereto. The exceptions
may be considered afterward...

423
REAL ESTATE. The use of an easement in a

spring will not be restrained by equity where the

supply of water is sufficient for all parties........ 132
A grant of right of way to a railway, being made

on a covenant of keeping up a switch, the as-
signee of the right of way is bound by the cove-
nant.......

187
Where under article of agreement for sale the wife

of vendor refuses to sign a deed the vendee may
require a deed without the wife or obtain a decree
for damages

367
His damages are limited to the purchase money
paid, interest and expenses..

Ib
An oral agreement between several lot owners fol-
lowed by its construction is binding.......

385
REFEREE'S RULES. See Bankruptcy Law.
REPLEVIN. In repleving, except in cases of dis-

tress for rent, the sheriff is not bound to take a
bond from plaintiff......

312
RES ADJUDICATA. See Securities.
ROADS. The Act of June 26, 1895, relating to county
roads, construed...

212
Notice required to supervisors of meeting of
viewers to lay out a road..

268
Under Act of June 2, 1887, in regard to condemning

toll roads, all damages must be paid by the
county..

283
Adverse possession of a highway for twenty-one

years does not bar the right of the public............... 401
RULES OF COURT. See Practice.
Referee's Rules in Bankruptcy...

86
Order of Court as to Appointment of Commis-
sioners in Divorce

48
Sherift's Interpleader Rules.......
Rule requiring registration fee to be paid by
students.....

213
SALES. Construction of a contract constituting a
oonditional sale and not a bailment...

95

SHERIFF'S INTERPLEADER. Where answer

to claimant to goods levied on raises question of
law and not of fact, no issue should be awarded
and question raised should be decided by court. 81
The claimant should file a formal statement with
the sheriff.....

95
SHERIFF'S SALE. An order that a sheriff's sale

of land be made as though the land were clear of
liens, and that whatever encumbrances shall be
found not to be discharged, shall be taken as part
of the purchase money is irregular and without
authority
In suit to recover for loss on second sherift's sale

sheriff need not demand payment or notify first
purchaser........

20
Requirement of second sale that payment be in

cash and not by check is not such condition as
effects right to recover..

Ib
Where the holder of a mortgage, who also holds an
oil lease on the property, releases the lien from
the oil lease, the property will be sold subject to
the lease...

86
In proceedings to obtain possession after a sheriff's

sale, it is sufficient if the notice under the Act of
1836 merely demands possession..

122
After delivery of a sheriff's deed, it will not be set
aside unless fraud is clearly shown..

317
Owelty charged on land in partition proceedings

by decree of court is not discharged by sheriff's
sale......

320
STATEMENT OF CLAIM. It should not set up

matters anticipatory of the affidavit of defense.... 231
What is sufficient statement of cause of action for
conspiracy...

292
SUPERIOR COURT. See Habeas Corpus.
SURETY. Suit on bond to recover for defalcation

of cashier-when question of whether bonds-
men paid cashier's indebtedness is for jury.......... 23
When surety of contractor, when sued on bond by

material-men of contractor whom latter had
failed to pay, can set up that bond was primarily
for benefit of city, and that all matters arising out
of contract, between contractor and city, had been
adjudicated in action by contractor against city. 35
A surety to a receiver for the rent of locomotives is

liable for rent accruing after the receiver has
been discharged....

305
Where one of several sureties receives an indemni-

fying bond, the bond does not inure to the bene-
fit of the other sureties..

361
TOLLS. See Corporations:
TORTS. Where separate judgments are recovered

against different persons for a joint tort, a satis-

faction of one is a satisfaction of the other......... 430
TOWNSHIPS. The Act of April 28, 1899, classifying
townships, is unconstitutional.

300
The Act of Apirl 28, 1899, classifying townships, is
constitutional......

375
TRUSTS AND TRUSTEES. One which provides

that testatrix's manufacturing business shall be
carried on by her husband during his lifetime, he
to be paid for his services, and at his death to be
disposed of with accumulations, will be sustained
by court......

81
UNITED STATES COURTS. Question of when

a suit is between citizens of different States.......... 207
WILLS. Testator gave some pecuniary legacies,

directed his executors to contest the widow's
claim, provided that she should have "nothing
more than the law will grant to her;" gave the
balance of his estate to a trustee to hold one-
fourth for D.'s children, one-eighth for J. and the
remaining portion for an orphan's relief fund.
The widow being entitled to one-half of the per-
sonalty. Held, that the bequest to the trustee
was the residue remaining after paying the pecu-
niary legacies and satisfying the legal claims of
the widow and that it held one-fourth of such
residue for D.'s children, one-eighth for J. and

tive-eighths for the Orphan's Relief Fund..... 64
F.entered into an agreement with B. to prosecute

a claim against the United States for a contin-
gent fee, B. having died, F. entered into another
agreement with the next of kin by which he
covenanted to prosecute the claim and have the
appropriation made to B.'s children. The amount
recovered, however, was appropriated to B.'s
widow. Held, that the second agreement was
fraudulent, and that the next of kin were estopped
from pleading it as a defense to a claim for com-

pensation under the original agreement...... 66
Where execution of will is so far defeated, because

it conflicts with statutes regulating wills as to re-

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