INDEX AFFIDAVITS OF DEFENSE 1. Insufficient affidavit to open judgment-Woodruff, Admin- 2. Not sufficient when material information in possession of 3. Implied contracts of indemnity in sale of land-Modzel- 4. Implied contract of indemnity-Vendor may recover loss 5. To be filed by Administrator-Practice Act of 1915-Rathe, 6. Specific denial required Practice Act of 1915-Schoen- APPEALS 1. From Justice of the Peace-Rule of Court requiring notice 3. Failure to prove set-off before Magistrate-Act of March ARBITRATORS 1. Conclusiveness of written submission-Woodruff, Admin- AUTOMOBILES 1. Trespass vi et armis-Lorenson v. Shock, 20. BOROUGHS 1. Borough ordinance must be pleaded like any other matter CERTIORARI 1. Decision of Common Pleas is a final determination on all 1. Request for instruction to the jury should be made before CITATION 1. Service upon persons in possession-Act of May 20, 1905, CITIES 1. Third class-Bids upon Public Buildings-Albracht et al 2. Eminent domain-Security for damages to be tendered COMMISSION 1. To take depositions-(See depositions). COMMON CARRIER 1. Loss of goods by connecting line-Act of 1913, P. L. 1374. COMMON SCHOOLS 1. Failure to educate children-Refusal of School authorities CONTRACTS 1. Breach of —Measures of damages-Jourdan v. Boettinger, 2. Measures of damages for breach-Market value-Shenango 3. Liability of one holding himself out as a partner-Erie 4. Implied contracts of indemnity-Encumbrance deducted 6. Sales-Recission-Act of ownership-Lays Brothers v. 7. Decedent's Estate-Habitual Drunkard-Claim for Ser- 8. Implied contract of indemnity-Purchase subject to lien- 9. Warranty-No particular form necessary-Pettinatto v. 10. Specific performances-Time Acts-Stoker v. Wetmore, 152. of performance-Mutual 11. Parol testimony to vary written contract admissible when 12. Usurious contract-Set off by third person who assumes 13. Minor under 18 not permitted to be employed in the oper- CORPORATIONS 1. Application for charter for first class corporation-Mem- COUNTY COMMISSIONERS 1. Power to increase County Solicitor's salary during term. COUNTY CONTROLLER 1. The certifying of County Solicitor's bills and countersign- COUNTY OFFICERS 1. Jury Commissioner is a County Officer under the Consti- 2. A County office is determined by the incumbent's duties COUNTY SOLICITOR 1. Increase in salary during term-Thomas v. Leslie, County 5. 2. Not a Public Officer-Thomas v. Leslie, County Controller, DAMAGES 1. Measure of for breach of cantract-Jourdan v. Boettinger, 2. Measure of damages for breach-Shenango Coal Co. v. 3. Measure of for breach of contract by non-acceptance--Illi- DECEDENT'S ESTATE 1. Habitual drunkard-Contracts-Claim for services-Dur- 2. Claim for services-Family relation-Presumption-- Estate of Samuel P. Thompson, Deceased, 171. 3. Claim for domestic services-Presumption of payment- DEPOSITIONS 1. Inadmissible when taken to be read upon retrial if there 2. Unrestricted oral examination should not be enforced un- DOCKET FEE 1. On Certiorari attorney is entitled to docket fee under Act EDITOR 1. Associate editors responsible as EJECTMENT principals-Common- 1. A road properly laid out by viewers and their report con- EMINENT DOMAIN 1. Third class cities-Security for damages to be tendered be- EQUITY 1. Appeal to restrain removal of sand and gravel from the 2. Remedy at law-Rights and liabilities fixed by agreement 3. Remedy at law must be shown to be adequate-Caldwell EXPERTS 1. Testimony admissible to aid Court in deciphering or trans- EVIDENCE 1. Measure of damages for breach of contract-Jourdan v. 2. Čriminal libel-Statement required by Act of 1907, P. L. 3. Requisites of after discovered evidence to obtain new trial FEASERS 1. Joint tort feasers-Conflicting testimony-Question for FICTITIOUS NAME 1. Persons who have not registered in accordance with Act FOREIGN ATTACHMENT 1. Petition of third party to dissolve-Disputed ownership- GUNNISON 1. Frank-Word of appreciation by Henry E. Fish, 47. 1. Habitual drunkard cannot during such disability bind him- HOMICIDE 1. Presumption from use of deadly weapon-Commonwealth 2. Presumption-Burden of proof to raise or lower degree- INJUNCTION 1. Trespassers on lake beach-Riparian rights on great lakes INTEREST 1. Agreement to pay interest above legal rate is voidable- 2. Usurious Contract-Set off by third person who assumes 3. Usurious Contract-Set off by third person who assumes JUDGMENTS 23. 1. Opening judgment-Equitable relief-Hanley v. Stewart, 3. Judgment not opened after inquisition-Blakeslee v. Guck- 4. Breach of covenant-Sci. Fa. necessary before Fi. Fa.- 5. Rule to open-Burden of proof-Merchants Bank v. 6. Rule to open-Contemporaneous parol agreement-Mer- 7. The court will open judgment upon note given pursuant JURY 1. (See Justice of the Peace) 1. Instruction of-Request for instruction to be made before JURY COMMISSIONER 1. Is a county officer under the constitution and eligible to JUSTICE OF THE PEACE 1. Jurisdiction in Trespass-Lorenson v. Shock, 20. 2. Landlord and tenant law-Jurisdiction-Ketner v. Nott, 3. Appeals-Rule of Court requiring notice of appeal-Mer- 4. Duty to attempt to effect settlement before hearing— 130. 5. Jurisdicton-Title to real property involved-Act of 1879, LACHES LAKES LAMB 1. (See Equity) 1. Riparian rights on great lakes-Pelton v. Strycker, 24. 1. T. A.-Resolutions of the Erie County Bar Association, LANDLORD AND TENANT 1. Jurisdiction of the Justice of the Peace to secure possession 2. Right of landord to enter upon premises under terms of 1. Judgment not opened in the absence of guarantee or con- |