INDEX

AFFIDAVITS OF DEFENSE

1. Insufficient affidavit to open judgment-Woodruff, Admin-
istrator v. Odd Fellows' Hall Association, et al, 4.

2. Not sufficient when material information in possession of
defendant is not alleged-Hand v. Penna. R. R. Co., 55.

3. Implied contracts of indemnity in sale of land-Modzel-
ewski et al v. Rossi, 81.

4. Implied contract of indemnity-Vendor may recover loss
due to vendee's default.-Modzelewski v. Rossi, 138.

5. To be filed by Administrator-Practice Act of 1915-Rathe,
Executor v. Porter, Administrator, 167.

6. Specific denial required Practice Act of 1915-Schoen-
bein v. National Surety Co., 207.

APPEALS

1. From Justice of the Peace-Rule of Court requiring notice
of appeal-Merchants' Publishing Co. v. Trost, 57.

3. Failure to prove set-off before Magistrate-Act of March
20, 1810, Habecker v. Baker, 127.

ARBITRATORS

1. Conclusiveness of written submission-Woodruff, Admin-
istrator v. Odd Fellows' Hall Association, et al, 4.

AUTOMOBILES

1. Trespass vi et armis-Lorenson v. Shock, 20.

BOROUGHS

1. Borough ordinance must be pleaded like any other matter
of fact-Borough of North Eeast v. Cushman, 45.

CERTIORARI

1. Decision of Common Pleas is a final determination on all
matters embraced in the writ.-Hocking et al v. Worrell, 128.
CHARGE OF COURT

1. Request for instruction to the jury should be made before
jury retire-Jourdan v. Boettinger, 32.

CITATION

1. Service upon persons in possession-Act of May 20, 1905,
P. L. 239-Young et al v. Hopkins, 79.

CITIES

1. Third class-Bids upon Public Buildings-Albracht et al
v. City of Erie et al, 1.

2. Eminent domain-Security for damages to be tendered
before taking-City of Erie v. Freund, 134.

COMMISSION

1. To take depositions-(See depositions).

COMMON CARRIER

1. Loss of goods by connecting line-Act of 1913, P. L. 1374.
-Sheffield Glass Bottle Co. v. Hines, Director General of Rail-
roads, 170.

COMMON SCHOOLS

1. Failure to educate children-Refusal of School authorities
to admit because not vaccinated-Commonwealth v. Washburn, 73.

CONTRACTS

1. Breach of —Measures of damages-Jourdan v. Boettinger,
32.

2. Measures of damages for breach-Market value-Shenango
Coal Co. v. Culbertson, et al, 74.

3. Liability of one holding himself out as a partner-Erie
Pump and Equipment Co. v. Leech, et al, 78.

4. Implied contracts of indemnity-Encumbrance deducted
from purchase price of real estate-Modzelewski et al v. Rossi, 81.
5. Measure of damages for breach by non-acceptance-Illi-
nois Refrigerator Co. v. H. S. Schneider, 88.

6. Sales-Recission-Act of ownership-Lays Brothers v.
Schabacker, 112.

7. Decedent's Estate-Habitual Drunkard-Claim for Ser-
vices-Durning v. Loop, Administrator, 115.

8. Implied contract of indemnity-Purchase subject to lien-
Modzelewski v. Rossi, 138.

9. Warranty-No particular form necessary-Pettinatto v.
Robbins, et al, 150.

10. Specific performances-Time

Acts-Stoker v. Wetmore, 152.

of performance-Mutual

11. Parol testimony to vary written contract admissible when
not subject to suit-Walker v. Walker, et al, 179.

12. Usurious contract-Set off by third person who assumes
payment of debt-Substitution not renewal-Foley v. Equitable
Investment Co. 185.

13. Minor under 18 not permitted to be employed in the oper-
ation of hoisting machines-Act of May 13, 1915, P. L. 286-Lin-
coln v. National Tube Company, 201.

CORPORATIONS

1. Application for charter for first class corporation-Mem-
bership-Purpose-In Re Charter of No-Tobacco Corporation, 94.
2. Is distinct from persons owning stock.-Foley v. Equitable
Investment Co., 142.

COUNTY COMMISSIONERS

1. Power to increase County Solicitor's salary during term.
Thomas v. Leslie, County Controller, 5.

COUNTY CONTROLLER

1. The certifying of County Solicitor's bills and countersign-
ing the warrants for the payment thereof are clearly ministerial
duties. Thomas v, Leslie, County Controller, 5.

COUNTY OFFICERS

1. Jury Commissioner is a County Officer under the Consti-
tution and eligible to hold office until successor is qualified--
Commonwealth, ex rel., Black v. Fruit, 60.

2. A County office is determined by the incumbent's duties
and election being co-extensive with the county limits-Common-
wealth ex rel, Black v. Fruit, 60.

COUNTY SOLICITOR

1. Increase in salary during term-Thomas v. Leslie, County
Controller, 5.

5.

2. Not a Public Officer-Thomas v. Leslie, County Controller,
3. Mandamus to certify bills-Thomas v. Leslie, County Con-
troller, 5.

DAMAGES

1. Measure of for breach of cantract-Jourdan v. Boettinger,
32.

2. Measure of damages for breach-Shenango Coal Co. v.
Culbertson, et al, 74.

3. Measure of for breach of contract by non-acceptance--Illi-
nois Refrigerator Co. v. H. S. Schneider, 88.

DECEDENT'S ESTATE

1. Habitual drunkard-Contracts-Claim for services-Dur-
ning v. Loop, Administrator, 115.

2. Claim for services-Family

relation-Presumption--

Estate of Samuel P. Thompson, Deceased, 171.

3. Claim for domestic services-Presumption of payment-
Estate of Margaret Loesch, 203.

DEPOSITIONS

1. Inadmissible when taken to be read upon retrial if there
is no retrial pending-Walker v. Walker, et al, 179.

2. Unrestricted oral examination should not be enforced un-
der a commission to take depositions-Wheat Export Company,
Inc. v. Pennsylvania Railroad Co., 8.

DOCKET FEE

1. On Certiorari attorney is entitled to docket fee under Act
of April 2, 1868, P. L. 3. Hocking et al v. Whorrell, 128.

EDITOR

1. Associate editors responsible as
wealth v. Phelps, et al, 35.

EJECTMENT

principals-Common-

1. A road properly laid out by viewers and their report con-
firmed such lines shall remain the boundary lines unless changed
by due course of law-Scarlett v. Millcreek Township Supervis-
ors, 105.

EMINENT DOMAIN

1. Third class cities-Security for damages to be tendered be-
fore taking-City of Erie v. Freund, 134.

EQUITY

1. Appeal to restrain removal of sand and gravel from the
beach of Lake Erie-Pelton v. Strycker, 24.

2. Remedy at law-Rights and liabilities fixed by agreement
-Laches-Kelleher v. Wellejus, 161.

3. Remedy at law must be shown to be adequate-Caldwell
et al v. McCalmont, 174.

EXPERTS

1. Testimony admissible to aid Court in deciphering or trans-
lating a will-Estate of C. W. Cross, 83.

EVIDENCE

1. Measure of damages for breach of contract-Jourdan v.
Boettinger, 32.

2. Čriminal libel-Statement required by Act of 1907, P. L.
157, is admissible-Commonwealth v. Phelps, et al, 35.

3. Requisites of after discovered evidence to obtain new trial
in a criminal case-Commonwealth v. Sansone (2) 199.

FEASERS

1. Joint tort feasers-Conflicting testimony-Question for
Jury-Walker v. Walker, et al, 179.

FICTITIOUS NAME

1. Persons who have not registered in accordance with Act
of 1917, P. L. 645, carry on an unlawful business-Sykes Depart
ment Store v. Pennsylvania Railroad Co., 100.

FOREIGN ATTACHMENT

1. Petition of third party to dissolve-Disputed ownership-
Procedure-Tollon v. Hand & Johnson Tug Co., 177.

GUNNISON

1. Frank-Word of appreciation by Henry E. Fish, 47.
HABITUAL DRUNKARD

1. Habitual drunkard cannot during such disability bind him-
self by a contract, either express or implied-Durning v. Loop,
Administrator, 115.

HOMICIDE

1. Presumption from use of deadly weapon-Commonwealth
v. Sansone, 187.

2. Presumption-Burden of proof to raise or lower degree-
Commonwealth v. Sansone, 187.

INJUNCTION

1. Trespassers on lake beach-Riparian rights on great lakes
-Pelton v. Strycker, 24.

INTEREST

1. Agreement to pay interest above legal rate is voidable-
Borrower may apply excess interest upon principal-Foley v.
Equitable Investment Co., 102.

2. Usurious Contract-Set off by third person who assumes
payment of debt-Foley v. Equitable Investment Co., 142.

3. Usurious Contract-Set off by third person who assumes
payment of debt-Substitution is not a renewal-Foley v. Equit-
able Investment Co., 185.

JUDGMENTS

23.

1. Opening judgment-Equitable relief-Hanley v. Stewart,
2. Opening judgment-Notes given as colateral security for
lease No guarantee or contemporaneous agreement-Nelson v.
Comstock, 29.

3. Judgment not opened after inquisition-Blakeslee v. Guck-
enbiehl, 30.

4. Breach of covenant-Sci. Fa. necessary before Fi. Fa.-
Szymanski v. Modzelewski, 54.

5. Rule to open-Burden of proof-Merchants Bank v.
Brown, 91.

6. Rule to open-Contemporaneous parol agreement-Mer-
chants Bank v. Brown, 91.

7. The court will open judgment upon note given pursuant
to a usurious contract-Foley v. Equitable Investment Co., 102.
JURISDICTION

JURY

1. (See Justice of the Peace)

1. Instruction of-Request for instruction to be made before
jury retire-Jourdan v. Boettinger, 32.

JURY COMMISSIONER

1. Is a county officer under the constitution and eligible to
hold office until successor is qualified-Commonwealth, ex rel,
Black v. Fruit, 60.

JUSTICE OF THE PEACE

1. Jurisdiction in Trespass-Lorenson v. Shock, 20.

2. Landlord and tenant law-Jurisdiction-Ketner v. Nott,
49.

3. Appeals-Rule of Court requiring notice of appeal-Mer-
chants' Publishing Co. v. Trost, 57.

4. Duty to attempt to effect settlement before hearing—
Transcript--Act of 1909, P. L. 42.—Commonwealth v. Cutsavage,

130.

5. Jurisdicton-Title to real property involved-Act of 1879,
P. L. 194.-Gusek v. Bernadowiecz, 204.

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,
206.

LANDLORD AND TENANT

1. Jurisdiction of the Justice of the Peace to secure possession
of premises-Ketner v. Nott, 49.

2. Right of landord to enter upon premises under terms of
lease Repairs and improvements-Bauer v. Meyer, et al, 108.
LEASE

1. Judgment not opened in the absence of guarantee or con-
temporaneous agreement-Nelson v. Comstock, 29.