DOMESTIC ANIMALS: See CONSTITU- TIONAL LAW; CRIMINAL LAW. EJECTMENT: See LANDLORD AND TENANT. EMBEZZLEMENT: See CRIMINAL LAW. EMINENT DOMAIN: See DAMAGES. EMPLOYER AND EMPLOYEE: See AFFIDAVIT OF DEFENSE; ATTORNEY-AT LAW; NEGLIGENCE; PRACTICE; RAIL- ROADS AND RAILWAYS. Discharge-Wages.-Employee may be discharged for misconduct on payment of wages to end of next payment period; what constitutes misconduct; this a question for court, with facts, if disputed for jury. Barr v. Ameri- can Caramel Co.
When payable monthly con- sidered payable at end of month; such contract severable monthly. Harvey v. Richardson
Workmen's Compensation Legislation. Article.
Damages-Negligence.-When employee assumed risk in unloading logs from wagon without skids being fastened; must show negligence of emplover was proximate cause; liability for court where facts not disputed. Gallicher v. Kinports.
EQUITY: See CONTRACT. Jurisdiction-Estate of living person.- Equity has no jurisdiction to enjoin the exercise of undue influence over a living person, and interference with his estate. Felding . Witmer Allegations of bill.-Must be taken as true when not denied although proof demanded. Wrightsville Hardware Co. v. Assets Realization Co. Cross-bill-Practice. Where defend- ant offers matters beyond a mere de- fense and seeks affirmative relief he must file a cross bill which will be considered with the original bill. Davis v. Willig Same-Prescription. Where plaintiff under protection of preliminary in- junction moves a line fence and de- fendants file a cross bill showing pre- scription, plaintiff will be enjoined from preventing defendant's putting back the fence, they being entitled to possession until plaintiff establishes title by law. Ib.
Water-rights-Land owner cannot en- join neighbor from building wall across abandoned mill race used for drainage where it enters his land; trespass proper remedy. Nissley v. Drace
ERRORS AND APPEALS: See JUSTICE OF THE PEACE; PRACTICE; SUMMARY CONVICTION; WEAK-MINDED PERSONS. ESTOPPEL.
Undivided interest-Recitation in deed. -When recitation in deed inconsis-
tent therewith does not estop claim of undivided interest in land conveyed, nor does failure to stop building on land unless plaintiff knew of his title at time; no estoppel where truth is or could be known by both parties. Zeigler v. Stauffer
Expert opinion. Not error to charge that jury should follow opinions of expert witnesses if facts true. Lands- kron v. Graber Burden of proof.-Where a party has the burden of proving a negative, and the subject-matter lies peculiarly with- in the knowledge of the opposite party, full proof is not required, it is con- sidered sufficient if he offers such evidence as, in the absence of counter testimony, would afford ground for presuming that the allegation is true. Com. v. Myers
Self-serving letter. On the trial of a cause, a letter written by the plaintiff to the defendant repeating the same objections made in a prior letter, in answer to a letter from the defend- ant, may be regarded as also written in reply to the defendant's letter, and not merely a self-serving declaration, and may be admitted in evidence. Oterie & Co. v. Vitale Husband and wife-Real estate agent.- In suit for commissions by real estate agent engaged by husband to sell wife's property, evidence is not ad- missible that at time of sale wife was negotiating with another party; evi- dence of mental incapacity of husband to contract not admissible where wife ratified acts. Hepler v. Scheetz ..... 116 Water-rights- Prescription.-In water- right case evidence that former own- ers had backed water on plaintiff's land inadmissible as prescription lost because no dam was there for period before defendant erected his. Hess v. Hess False pretense. Daily reports of em- ployee who was receiving money on false pretense that he was working for this employer alone, not admis- sible in evidence. Com. v. Snyder.... 129 Contract-Specific performance.-Where subject matter completely identified by writing, it may be identified and lo- cated by parol evidence. Wrights- ville Hardware Co. v. Assets Reali- zation Co. Privileged communications.—Admissions and matters learned by an attorney while drawing up a will to settle a claim by a legacy are not privileged. Good v. Good's Ex'r Contract. Surviving party to contract may testify as to what happened in presence of third party. Good 2'. Good's Exr.
Contract of sale-Agent.-Evidence of representations by agent at sale not admissible in suit on contract which forbids agent to change it. Interna- tional Harvester Co. v. Leeking Fraud. Great latitude allowed in case of fraud. Bank v. Kunzler Damages-Water-rights-Real Estate.- In action for damages against a water company for appropriating certain springs, evidence permissible as how long water taken would run plain- tiff's mill, as to leakage and want of repair of dam; much latitude should be allowed witnesses as to land dam- ages; competency of witnesses as to values. Hoober New V. Holland Water Co. Insurance-Proofs. - Letter by agent after fire not admissible to show waiver as to time of filing proofs of loss. Edelson v. Ins. Co. Book entries-Sale-Loan.· - Book en- tries competent proof of sale of goods but not of money advanced. Hill's Estate EXECUTION:
See ASSIGNMENT CREDITORS; ATTACHMENT UNDER ACT OF 1869; EXEMPTION (DEBTORS); HUS- BAND AND WIFE; JUDGMENT; JUSTICE OF THE PEACE. Interpleader-Costs. - Non-resident de- fendant in interpleader need not give security for costs. Hilton v. Leibig Mfg. Co. Sheriff's sale-Notice.-Not necessary to give notice to terre tenant on execu- tion on judgment against former owner. Peoples Trust Co. v. Mc- Grann Sheriff's sa e.-Not to be set aside for adequacy of price alone. Ib. Sheriff's return of levy.-Can not be contradicted where full and explicit. Herr's Ex. v. Krady.
AND ADMINISTRA- TORS: See DECEDENTS' ESTATES; SUBROGATION; WEAK-MINDED PERSONS. XEMPTION (DEBTORS): See JUDGMENT. Landlord and tenant-Bankruptcy. Landlord may distrain goods empted in bankruptcy under lease waiving exemption. Eger v. Bank Justice's transcript-Waiver.-Exemption waived before justice cannot be claimed on entry of transcript in C. P. Potts v. Guhl et al Bankruptcy-Execution.-Exempt prop- erty in bankruptcy proceedings may be sold on previous execution on judgment waiving bankruptcy. Herr's Ex. v. Krady
EXEMPTION (WIDOWS).
Married daughter.-Entitled to exemp- tion when living in family relation with father. Stevenson's Estate FALSE PRETENSE: See CRIMINAL LAW. FEES: See ATTORNEY-AT-LAW; COSTS.
Lease. When rule to open judgment on lease should be discharged. Weaver 2. Fager Scire facias-Transfer of property.-No defense that defendant transferred property to another who agreed to as- sume judgment. Dassinger . Danz 18 Note-Opening of. Judgment opened
on testimony of defendant that he did not sign note. Capital City Art. Limb Co. v. Daveler Set-off-Exemption (debtors). - When exemption can not be allowed to be added to the balance due on setting off a judgment in contract against a greater judgment in tort. Ehrhart . Esbenshade ... Deed Restriction-Levy. A daughter of a grantee with a restriction not to enter a judgment who nevertheless did confess a judgment, will not be heard to strike off the levy of an execution thereon. Wike . Schlotthauer ote-Sale. - Judgment on note for price of machine will not be opened because machine not satisfactory where provisions of contract in such case not followed; oral agreements can not vary signed contract. Inter- national Harvester Co. v. Leeking.. 196 Conclusiveness. Judgment conclusive as to every defense that might have been presented. Peoples Trust Co. v. Ehrhart
Set-off-Husband and wife.-Judgment opened generally can not be set off against another not opened; where husband and wife each owe whole amount, judgment may be set off against one held by husband alone. Hoffman v. Pennell Foreign judgment. Nul tiel record and payment only defenses to. Bank v.
Practice-Landlord and Tenant. In pro- ceedings for possession of leased premises notice on door insufficient; certiorari need not be taken out with- in ten days. Eisenberger v. Sulzner 46 Trespass-Damage to crops-Waiver.- Justice has jurisdiction in action for damages to growing crops by cattle; owner must show that he tried to fence his cattle in as defense; suffi- ciency of fence for jury unless ad- mittedly temporary and insufficient; too late after plea on appeal to claim trespass was in adjoining county. Hall v. Kreider Possessory proceedings-Appea'.-Fi. fa. may issue on judgment on appeal from judgment on sci. fa. to revive judg- ment for damages in possessory pro- ceedings. Trust Peoples Co. Ehrhart Laws-Repeal of acts.-Repeal of parts of Acts of June 16, 1836, P. L. 755 will not invalidate proceedings there- under. lb.
Lease Judgment-Ejectment.- Lease cannot be entered as a judgment against a transferee of original lessee but binds transferee as to possession. Gantz v. Morrett
Lease-Damages. - Lessee cannot re- cover damages for deprivation of pos- session during repairs. Spigelmyer v. Hess Rent-Possession. - Lessee can recover rent paid where deprived of posses- sion levy by third party. Burkins v. Carroll Lease Cove- nant not to injure means permanent impairment of value; judgment will be opened for alterations made with land- lord's consent and not permanent in- juries. Kray v. Kuhn
Damages-Judgment.
LARCENY: See CRIMINAL LAW. LAW.
Mediaeval English Law. Article
LAWYER: See ATTORNEY-AT-Law; Bar
The Barrister in England. Article Legal v. Business Career. Article
LEASE: See LANDLORD AND TENANT.
LIMITATIONS: See STATUTE OF LIMI
Constitutionality of Webb Act. Article 127
MAINTENANCE: See DESERTION.
Marriage and divorce in France. Article MARRIED WOMEN: See HUSBAND AND WIFE.
Right to change one's name. NATION.
Our Nation's Birth. Article ........ NEGLIGENCE: See EMPLOYER AND EM- PLOYEE; RAILROADS AND RAILWAYS; ROADS. Damages for slipping in store. Where case for jury on question of condition of floor. Spahn v. F. W. Woolworth Co. 164 Damages. Negligence complained of must be shown to be proximate cause, to recover damages; what is proxi- mate cause; case for court when facts not disputed. McGallicher v. Kin- ports Electric wires.-One who is brought by his employment into contact with electric wire apprently insulated not guilty of contributory negligence unless lacking in ordinary precautions; can recover damages for injury where wire not insulated enough to protect from con- tact where it entered a building; proof of notice to company not necessary. Yeager . Edison Elec. Co. NEGOTIABLE INSTRUMENTS: See BANKS AND BANKING; PROMISSORY NOTE
97, 98 NEW TRIAL: See PRACTICE. NOTE: See PROMISSORY NOTE. NUISANCE: See POLLUTION. PARENT AND CHILD: See BANKS; DECEDENTS' ESTATES; DESERTION; EXEMPTION; WILLS. PARTNERSHIP.
Contract. To avoid contract burden on her to bring it within exceptions. Kemper v. Weidler Husbands debts Note Surety Judgment. May borrow money to pay husband's debts and give note therefor; this not suretyship. Ib. Same. Where husband and wife both sign a note presumed to be joint debtors and not principal and surety, although check made to husband; where however part of money retained for debt due from husband, this makes her surety for that amount. Kemper 7. Weidler Same.-Judgment opened on note signed by husband and wife given as collateral security for previous note of husband. Kemper v. Weidler MASTER AND SERVANT: See EMPLOYER AND EMPLOYEE.
Abrogation Outside transactions. Partner who knew of outside trans- actions by other partner contrary to agreement cannot recover share of profits thereof. Newman v. Bitner 273 Same. Contention of a partner that articles were abandoned and never in force will not prevail against articles themselves and denial by other part- ner. Ib.
Same. In order to sustain conviction Commonwealth must show that substances put in streams are injurious to fish. Com. v. Crowther Barnyards.-Order of Health Commissioner sustained against draining barnyard into mill-race. Brinton's Appeal 356 PRACTICE (C. P.): See ASSIGNMENT
FOR CREDITORS; ATTACHMENT UNDER ACT OF 1869; EQUITY; INSURANCE; JUSTICE OF THE PEACE; RULES OF COURT.
Judgment l'erdict. Court may enter judgment n. o. v. although no excep- tion was taken to charge or refusal of defendant's points and no question of law reserved. Spigelmyer . Hess.......... Jurisdiction.-Question can be raised any time. Metzgar's Estate
New trial.-Plaintiff making no request cannot complain of items of claim not submitted to jury in retrial on record of former trial where they omitted. Hart v. Drumm Vox et Præterea Nihil. Article New trial-Witnesses.-Evidence of conversation indicating an agreement between witnesses not to testify against one of the parties on a trial not ground for a new trial unless shown to have been acted upon. Becker '. Elizabeth Twp. Errors.-Affirmation of point not consistent with general charge not reversible error where no injury shown by verdict. Hilton . Leibig Mfg. Co.
Bill of particulars.-Matter of grace in tort but where plaintiff undertakes to particularize he should do so with some certainty. Eshleman v. P. R. R. Co. Trespass. When proper remedy for damming mill race. Nissley v. Drace 269 Assumpsit.-Lies for value of personal property left on premises of defendant and sold by him. Reilly & Holman v. Holman Wages-Custom.-Charge of customary
Trespass. Action of trespass quare claus um fregit not proper unless plaintiff had possession where land is improved. Albright 7. Zeigler ... Insolvency. When hearing allowed on application for discharge notwithstanding long delay. In re Philip Butt... 370 Same-Bond-Costs.-When defendant will be discharged and exoneratur entered in bond forfeited by failure to appear notwithstanding long delay on payment of costs. In re Philip Butt. 371 Guardian of weak-minded person Judgment. Counsel for guardian of weak-minded person can not order entry of judgment for balance due from former guardian; how alone judgment can be entered. Wesley, guardian v.. Whiteside, guardian 385 Same-Appeal.-Appeal by former guardian, as guardian, not a supersedeas if no bond filed. Com. v. Whiteside 386 Surety Judgment—Guardian. Judg
ment can not be obtained on bond of former guardian until balance owed to his successor is finally ascertained; proceeding against sureties should not be set aside but contined. Rules of court-Abatement.-Rule as to abatement on death of party void for want of provision as to notice to representatives. Manchester v. Addy .. 391 PRACTICE (O. C.).
Jurisdiction.—Question of, can be raised any time; cannot be given by consent. Metzgar's Estate
Petition. Should aver that petitioner believes and expects to be able to prove its allegations. Laub's Estate Missing distributees.-Confirmation suspended as to shares of. Beam's Estate 141 Interest.-Must be computed by claimant. Craig's Estate
Death of Executor.-A balance in a decedent's estate, on the death of the executor, may be awarded direct to the parties entitled thereto instead of to an administrator d. b. n., where distribution is the only matter necessary to complete the administration. Hinkle's Estate
Account-Review-Notice. Review will not be granted for want of notice, where account properly advertised or where the award objected to has been paid; except where improperly paid to accountant himself. Small's Estate 374
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