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........

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.....
Rent accruing to bankrupt's estate after adjudica-
tion should go to the lien creditors and not to the
general fund..
BENEFICIAL ASSOCIATIONS. Under Act of
April 28, 1876, assumpsit cannot be maintained
against a beneficial lodge or its members for
death benefits........
BOROUGHS. What ordinance restricting peddlers
and street merchants is valid..
Borough councils in selling bonds must act in
good faith so as to obtain a fair price for the
bonds....

302

322

329

Ib

101-

107

CORPORATIONS-Continued.

Under Act of May 14, 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.........

COSTS. County from which criminal has fled can-
not be made liable for costs of extradition im-
posed by treaty with another country.
Under what circumtances judgment upon verdict
should be entered for plaintiff without costs
purusant to Act of March 20, 1810........
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
taken within three years such decree is conclu-
sive........

Where two cases between same parties are tried
together and each party wins one, the witness
fees should be equitably apportioned between
them......

419

16

71

72

87

218

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

267

289

308

.....

A non-resident plaintiff may be required to give
security for costs in an equity suit...
After satisfaction of a judgment on execution the
plaintiff cannot issue a second execution for costs 119
Costs on appeal from board of viewers..................................
Plaintiff having had the court appoint an engineer
to survey a coal mine in an action for damages
to the surface must pay the engineer's costs
himself.......

271

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

Under what facts incorporation will be refused...
Borough ordinances regulating excavations in
streets must be reasonable in their restrictions
on public corporations..
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............
BRIDGES. Right of county to condemn a bridge
when within one-fourth of a mile of another
bridge......
BUILDING AND LOAN ASSOCIATIONS.
Building and loan associations may issue pre-
paid stock, but not to exceed the instalment
stock...
CEMETERIES. See Municipal Improvements.
CHURCHES. Upon division of church, that part
maintaining regular forms of organization, ac-
Dording to laws of church, retain title to prop-
erty.

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

cover........

CONSPIRACY. Acts in obtaining an option and
attempting to sell real estate which do not
amount to conspiracy
CONSTITUTIONAL LAW. Policemen, being
appointed officers within the ineaning of Art.
IV., sec. 4, of Constitution of Pennsylvania, may
be removed at pleasure of power appointing
them

Act of May 26, 1897, prohibiting removal of soldiers
of civil war, who hold public office, is unconsti-
tutional...

All proposed amendments must be presented to
Governor for his approval.....
Secretary of Commonwealth cannot be compelled
by mandamus to cause advertisements to be made
for proposed amendments when no appropriation
has been made..........

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.........

CORONER. See Witness.

419

433

272

112

Ib

391

9

25

CRIMINAL LAW. The insolvent laws do not
free a man from laibility to arrest for payments
required in bastardy proceeding which accrued
after the insolvency proceedings.....

350

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........

DECEDENTS' ESTATES. Duration of lien of
judgment as against defendant and his heirs is
unlimited....

In distribution of proceeds of decedent's real estate
among heirs or devisees, certificates as to judg-
ments against heirs are necessary for twenty
years..

Where lien of general creditors of decedent has ex-
pired upon certificate of prothonatary bei g filed
that no suits have been entered, distribution will
be made to heirs.........

An issue to try the validity of a will should not be
granted without substantial evidence to support

Ib

51

Ib

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

206

27

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.....

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..
A life tenant in stocks is not entitled to undivided
surplus earnings, bat is entitled to them if paid
out at any time.......

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

269

273

393

352

365

371

A creditor and heir of decedent can require oil
produced from decedent's real estate to be sold
and proceeds applied to paying debts........
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.
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 of which had expired cannot
afterward contest it for want of consideration...... 425

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

The libel should state the ground for divorce in the
words of the act. Each ground should be stated
separately.

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

110

Ib

A decree will not be amended after four months so
as to require respondent to pay attorney's fees..... 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-
other State..

208

A. having married a person who at the time has a
wife living need not procure a divorce before
marrying again........

238

364

In a bill for specific performance, if the evidence
leaves the rights of the parties in doubt, a decree
will be refused.....

171

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......

Several owners of different houses connot join in
one bill to prevent the location of a hospital......
On a bill in equity for specific damages for the de-
fault.......

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...

239

359

367

399

Subpoena cannot be served outside the State....... 272
Parties living apart under articles of separation
cannot obtain a divorce on the ground of deser-
tion.......
DOMESTIC ATTACHMENTS. Sée Bankruptcy.
DOWER. Under what circumstances purchaser at
sheriff's sale against dowress who has purchased
the fee takes it discharged of the dower.....
Where a guardian of children entitled to a fee 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............
Dower is not extinguished by an agreement be-
tween husband and wife to live separate and
apart...........
EJECTMENT. Where jurisdiction of Orphans'
Court in regard to sale had failed, sale cannot be
attached collaterally in ejectment in Common
Pleas
ELECTION LAWS. A political party has the
right to use its name on the ballot and indepen-
dent person cannot preempt the name...
Powers and duties of a canvasing board of a party
in the primary election.....

Ib

394

60

351

An ordinance of the city requiring certain precau-
tions is not evidence of negligence, the ordinance
not being followed......
EXECUTION. On decree in equity for payment
of specific sum attachment execution may issue. 82
Staying of lev. fa, though money could have been
made on execution, does not effect right to issue
a second one....

85

163

85

255

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

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

206

258

Rights and term of office 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.......

An attachment 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

318

An attachment execution binds all f nds that
come into the hands of the garnishes up to the
time of taking judgment on his answer..
A waiver of exemption is irrevocable.
EXECUTORS AND ADMINISTRATORS.
Fraud.

343

425

..........

See

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-
lot illegal............

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 lots to pay A. his money, but A. re-
fused 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 enforced. As B.
had performed his part of the contract he was
entitled to a deed for the balance of the prop-
erty.....

Ib

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......
Determination of an executor's commission where
losses have occurred in business carried on..
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........

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........

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............ 45
Vacancy in office of the justice of the peace, which
was settled pursuant to commission from the
Commonwealth, should be filled by court, if rec-
ords of Commonwealth do not show any vacancy
to exist.......

Entry of appeal in Common Pleas Court is ground
for quashing certiorari subsequently issued and
certiorari regularly issued and served, bars right
of an appeal.....

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

46

53

GAME LAWS. Under Act of March 23, 1803, the
owner of a dam must maintain sluice-ways for
fish, though the dam was originally constructed
by the State and sold to the defendant......................................
Act of May 22, 1889, construed...
GUARDIAN AND WARD. What action on part
of guardian in collecting money from beneficial
society for benefit of his wards, will make him
liable for its loss.....

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......
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 1842, based upon debts exceeding
$50,000, cannot have his case reviewed by Superior
Court by habeas corpus......

HOSPITALS. The Act of April 20, 1899, forbidding
hospitals in the built-up portion of city does not
prevent an existing hospital from changing its
location.........

190

61

99

232

29

A justice has no jurisdiction in an action for sell
ing a plated watch as a gold one......
An appeal nunc pro tune will be allowed from the
judgment of the justice where the justice pre-
vented its being taken in time......

105

123

A magistrate's record showing an appeal allowed
without bail for costs, the Common Pleas may
allow bail to be perfected.......

345

393

Where an appeal from an alderman is not taken
in time the bond for costs is void.
Justice of the peace has jurisdiction in foreign at-
tachment to the amount of $300...
A justice's transcript must set forth the facts suffi-
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 of quarter, is
entitled to rent for quarter.....

371

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.......
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
Proofs of loss must be sworn to by the insured and
not an agent or good reason shown for the failure
to do so....

"Affirmative proof of death" in an accident policy
means simply proof that the assured is not
living.........

140

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

A judgment note illegally given, but afterwards
properly ratified will not be stricken from the
record..

215

271

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...
Words in a lease necessary to waive the three
months' notice required by Act of Dec. 14, 1863
A landlord erecting a new building after a fire
cannot collect rent during time of building........ 309
In proceedings to obtain possession under Act of
December 14, 1863, the defendant may have both
a certiorari and an appeal, but if he wishes to
claim damages for eviction he must appeal........ 316
LIBEL AND SLANDER. In action for slander
charging crime, defendant need only prove truth
of words spoken by weight of evidence....
Plaintiff is entitled to compensatory damages re-
gardless of the wealth of defendant......
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....

56

432

42

96

205

Ib

A judgment will not be opened unless the testi-
mony shows fully a good defense......
In distribution of the proceeds of a judicial sale be-
fore a master the validity of a judgment cannot
be questioned for want of consideration...
........ 425
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

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

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 sheriff's sale
sheriff need not demand payment or notify first
purchaser.....

Requirement of second sale that payment be in
cash and not by check is not such condition as
effects right to recover.....

14

20

Ib

Giving bail for cost in appeal from justice of the
peace does not waive the right to object to prior
irregularities...

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, filed
nunc pro tune in court below, is not objected to
until record is in Supreme Court...
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....
Objectionable remarks by counsel..

32

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

229
248

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...

After delivery of a sheriff's deed, it will not be set
aside unless fraud is clearly shown.
Owelty charged on land in partition proceedings
by decree of court is not discharged by sheriff's
sale.......
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....

317

320

......

292

285

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

315

349

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 mine...
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...

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......
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.

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.

23

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........
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....

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
five-eighths for the Orphan's Relief Fund......
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..........
Where execution of will is so far defeated, because
it conflicts with statutes regulating wills as to re-

64

65