INDEX

ACTS OF ASSEMBLY CONSTRUED.

1794, April 22, Sunday Laws, 191.

1811, March 30, Taxes, 28.

1833, April 8, Wills Act 311.

1834, February 24, Decedents' Estaes, 76, 214.

1834, April 14, Partnership, 217.

1836, June 13 Foreign Attachment, 113.

1849, April 9, Exemption, 231.

1851, April 3, Boroughs, 398, 409.

1851, April 15 Action for Negligence Not Abated by Death, 117.
1855, April 26, Action for Negligence After Death, 117.

1856, April 9, Corporations, 202.

1862, April 11, Schools, 398.

1864, April 24, Partition, 44.

1874, May 14, Taxation, 383.

1877, March 23, Schools, 156.

1879 July 7, Affidavit of Claim, 182.

1887, May 23, Witnesses, 117, 315.

1887, May 25, Water Rights of Boroughs, 22.

1889, June 7, Corporation Loan Tax, 28.

1891, May 26, Preparing and Keeping Indices in Several Offices

of County, 107.

1893, May 23, Boroughs, 398.

1893, May 23, Fees, 76.

1895, June 24, Tenants in Common, 44.

1901, June 4, Municipal Liens, 317.

1905, May 2, Industrial Establishments, 163.

1906, February 15, Legislative Apportionment, 174, 183.

1906, March 5, County Bridges, 190.

1907, April 15, Water Rights of Boroughs, 22.

1907, May 7, Free Hydrophobia Treatment, 33.
1907, June 10, Employers' Liability, 95.

1909, April 27, Legislative Apportionment, 174.
1911, June 11, Private Banks, 220.

1913, June 27, Municipalities of Third Class, 396.

ADOPTION.

1. Deed of adoption must be recorded in life time of adopting
parent, 349.

1. Amending Act of Feb. 15, 1909, P. L. 213, is confined in its
operation to legislative districts of Pittsburg, 174.

2. A representative district under Act of Feb. 15, 1906, can be
changed only by Act of Legislature, 183.

ASSIGNMENT FOR BENEFIT OF CREDITORS. SEE SUBROGA-
TION.

ATTACHMENT EXECUTION. SEE JUSTICE OF THE PEACE.
BAILMENT. SEE SALES.

BANKRUPTCY.

1. A bankrupt claiming his exemption must select it from the
property owned by him not the proceeds of a sale of such prop.
erty, 231.

BILLS AND NOTES.

1. Want of consideration no defense to a note under seal, 76.
2. A judgment note not of record may be presumed to be paid
under certain circumstances, 177.

BONDS.

1. Sureties are liable to full amount on appeal to Superior
Court; credit for costs paid by defendant not allowable, 53.
BOROUGHS.

1. May pass ordinances regulating hawking and peddling, 97.
2. An ordinance with a general repealer clause repeals an
earlier ordinance on the same subject, 97.

3.

Resignation of a councilman creates no vacancy until same
is accepted by council and a successor elected and qualified, under
Act of 1851, P. L., 320, 409.

4. A councilman cannot vote upon his own resignation, 409.
5. Damages are recoverable against a borough for grading
street although previously laid out and for grading sidewalk, 293.
6. If meeting was not held because of lack of quorum, an ordi-
nance which was vetoed by burgess and returned before the next
regular meeting is a nullity and cannot be acted upon, 398.
BUILDING ASSOCIATIONS. SEE CORPORATIONS.
CASE STATED. SEE PRACTICE.

COMMON CARRIERS. SEE INTERSTATE COMMERCE.

1. Lien for arrearages on previous shipments may be extended
to subject certain goods by agreement, 58.

2. Estopped from asserting lien for previous shipment where
no notice of such claim is given and usual delivery receipt is
taken from consignee, 58.

CONSTITUTIONAL LAW.

1. Title of Act of April 15, 1907, P. L., 90, is constitutional, 22.
2. Act of May 7, 1907, P. L., 170, providing for free treatment
in hydrophobia cases declared unconstitutional, 33.

3. Act of May 26, 1891, P. L., 129, empowering court to change,
alter and direct mode of keeping indices in the several offices'
declared constitutional, 107.

4. An Act, not embraced within Governor's call for a special
session, is unconstitutional, 190.

5. Title of Act of June 27, 1913, P. L., 568, governing cities of
the third class is not defective, 396.

6. Act of June 11, 1911, P. L., 1064, not defective in title, 220.
7. The unconstitutionality of one section will not affect the
whole Act if there remains an intelligent piece of legislation, 220.
CONTRACTS.

1. Where the terms of a lease of slate lands for royalty are
uncertain, jury may determine royalty, 192.

2. A contract to be paid after the death of testator for services
may be too indefinite to be enforced, 194.

3. Promise to pay goods furnished to another is a contract of
surety; it is immaterial that goods furnished exceeded amount
fixed in contract, 197.

CONVERSION.

1. A clear and express direction to sell real estate converts
it into personalty, 76.

CORPORATIONS. SEE TAXES.

1. One who deals with a corporation as such cannot attack its
validity collaterally, 25.

2. Stockholders could not be held as individuals until it was
shown that corporation was not liable as a corporation, 25.

3. A receiver will not be appointed to wind up a corporation
when the execution of a creditor would be affected and insolvency
is the only reason alleged in bill, 202.

4. When a payment of a loan to a building association was made
with bank stock which was used by secretary for the benefit of
the association, the objection of ultra vires cannot be raised
against payment, 286.

COVENANTS RUNNING WITH THE LAND.

1. A building restriction in deeds coming from a common
grantor are covenants running with the land, 406.

CRIMINAL LAW.

1. Bribery includes as the subjects of it all persons whose of-
ficial conduct is in any way connected with the administration of
government, 413.

2. Separate felonies of same general nature are chargeable in
separate counts of the same indictment, if triable in the same man-
ner and punishable similarly, 56.

3. To sustain a conviction of larceny by bailee, must appear
that identical property was to be returned after purposes of the
bailment had been accomplished, 267.

4. An indictment will be sustained which charges the corrupt
receipt of money by a city clerk for the purpose of influencing
legislation in councils, 413.

DECEDENTS' ESTATES.

1. Special legatees must be satisfied before there can be a re-
siduary estate, 1.

2. Exceptant who wins fund for all legatees is entitled to have
counsel fee borne by all equally, 1.

3. Tombstone is a proper item of expense, 76.

4. Fence around cemetery lot not proper item of expense, 76.

5. Fee for appraisement is one dollar per day, 76.

6. Lien of debts not divested by sale of real estate within two
years, 76.

7. Fee paid bookkeeper for stating an account is allowable, 76.
8. Wages fof servant allowed on quantum meruit, 76.

9. A contract to pay a good share of estate after death of tes-
tator in addition to weekly salary is too indefinite, 194.

10. Cost of tombstone not a part of funeral expenses nor a pre-
ferred claim against estate within Act of February 24, 1834, Sec.
21, P. L., 76, 214.

DEEDS.

1. Restriction against erection of building within 65 feet of side
of street will not prevent erection of house on rear of lot, 65.
DIVORCE.

1. Court cannot open or vacate a decree on ground of after
discovered evidence after term at which it was entered, 26.

2. Libel must be presented to court of county in which libellant
resides, 152.

3. Affidavit to libel must be made before a proper official of
the county in which libellant resides, 152.

4. Separation by agreement is not desertion, 270.

5. What constitutes cruel and barbarous treatment, 270.

6. There may be condonation of prior acts of cruel and bar-
barous treatment, 270.

7. Master should examine witnesses first according to rule of
court, 27.

EASEMENT.

1. Where water, flowing through land, is used for 21 years un-
der claim of right an easement by prescription is established, 110.
2. A stipulation contained in deeds of three contiguous lots
that 15 feet at rear of lots should be opened for an alley, and land
forms a cul de sac; after twenty years owners of lots my release
easement in face of objection from municipality, 253.

EJECTMENT. SEE PRACTICE C. P.,

EQUITY.

1. Injunction will not issue to restrain erection of building in
rear of lot where restriction in deeds prohibits erection within cer-
tain number of feet from side of street, 65.

2. Equity will not determine a right which party to cause has
no standing to raise, 144.

3. One who has privilege of using adjoining land in erection of
a building may use it a reasonable time and injunction will not lie
restraining use, 256.

4. Equity will not enjoin the painting of a sign upon a party
wall on side continued above the roof of building, 276.

5. As to requirements of an answer to a bill in equity, 331.

6.

Bill for specific performance cannot supply by averments
deficiencies in the contract; the latter must be complete and self-
sustaining, 354.

7. Is not necessary to allege in bill to enforce building restric-
tions in deed, from a common grantor, that general plan of lots
was made known to buyers, 406.

EVIDENCE. SEE VERDICT.

1. Court cannot withdraw from jury a question which belongs to
them upon assumption of probable prejudice, sympathy or lack of
comprehension, 242.

2. Widow may testify against estate matters not confidential
communications, 76.

3. Letters signed on typewriter admissable, 240.

4. Spontaneous utterances are admissible as part of res ges-
tae, 258.

5. When a case has been tried on theory of an oral contract,
defendant cannot later ask that verdict be disturbed when he
had in his possession a written contract and did not produce
same, 196.

6. A non-expert witness may express opinion as to rate of
speed of automobile, 258.

7. A husband may not be called as of cross-examination
against his wife doing business under a firm name, 315.

8. Attempt to establish right of possession, by parol, in a
suit in ejectment without previous averment is objectionable, 349.
EXECUTOR.

1. Executor is entitled to two and one-half per centum for
responsibility and a fair compensation for his trouble, 1.
FEES. SEE JUSTICE OF PEACE.

FELLOW SERVANT. SEE NEGLIGENCE.
FOREIGN ATTACHMENT.

1. A wife who has separated from her husband in Pennsylva-
nia, moved to New York and resided there for four years is not
a "resident within this Commonwealth," 113.

HUSBAND AND WIFE. SEE EVIDENCE.

1. If a wife leaves a husband with justification she may ac-
quire a domicile of her own in another stae, 113.

2.

Former husband cannot claim possession of real estate of
wife sold on execution, on the ground that valuable improve-
ments were made thereon by him, 200.

HAWKING AND PEDDLING. SEE BOROUGHS.

INDICES. SEE CONSTITUTIONAL LAW.

1. What is an alphabetical system of indexing, 107.

INDUSTRIAL ESTABLISHMENTS. SEE MASTER AND SERVANT.
INSURANCE.
1.

Insurance contract may be parol, 69.

2. Proof of authority on part of agent must be shown to ex-
tend insurance contract beyond terms in original policy, 69.
INTERSTATE COMMERCE ACT.

1. A common carrier may recover from a shipper the dif
ference between the legal published rates under the Interstate
Commerce Commission and the rate paid, after shipment has
been made, 127.

JUDGMENT.

1. The name of a party named by the description "and wife,"
cannot be added on a writ of Scire Facias to revive, 40.

2. The lien of a judgment against a tenant in common in pos-
session is subject to the rights of the tenant out of possession, 44.
3. The defendant having been discharged in bankruptcy, the
revival of a judgment entered previous to the discharge will be
restricted to the real estate originally bound by it, 201.
JURISDICTION.

1. Question of whether a sale is necessary under a will can
only be determined by the Orphans Court of the County in which
decedent lived and died, where his property is located and where
his will was probated, 392.

JUSTICE OF THE PEACE.

1. A justice of the peace has no jurisdiction in a suit for dam-
ages resulting from a refusal to permit removal of growing
crops, 55.

2. A justice is allowed fees in only one case where one prose-
cutor brings charge against same defendants on charge of
felonious entry, 56.

3. An "attested" copy of an affidavit of claim is not a certi-
fied copy as required under the Act of July 7, 1879 P. L. 194, 182.
4. What a record in summary conviction before a justice for
circulating a petition on Sunday must show, 191.

5. An appeal non pro tunc will not be allowed from a judg-
ment against the garnishee in an attachment execution after
the twenty days have expired, 306.

LANDLORD AND TENANT.

1. A lessee of a hallway acquires no right to erect a show
case on the front of the building which equity will preserve, 144.
2. A lease contained an option that lessor might purchase "the
aforesaid leasehold together with all things thereunto belong-
ing or appertaining." Held that the exercise of the option did
not pass title to new chattel which had replaced an old one
on the premises, 166.

LIFE ESTATES. SEE WILLS.

LIQUOR LAW.

1. Reasons for granting or refusing licenses, 179.

LIENS.

A judgment creditor was induced to make a loan on the rep-
resentations of decedent and his son, that son had a judgment