.....

CONTRACTS: See AFFIDAVIT OF DE-
FENSE; EQUITY; EVIDENCE; LAND-
LORD AND TENANT; LEASE; ME-
CHANICS' LIENS; PARENT AND
CHILD; PRACTICE (C. P.); PRACTICE
(EQUITY); REAL ESTATE; SALE.
Advertising. When publisher cannot
sue for price agreed upon but can
sue for breach of contract. Baum-
gartner, trading as The Contractor,
v. Drushel, trading as O. K. Clutch
and Machinery Co.
Mutual mistake of law.-Does not re-
lieve parties to contract. Warfel v.
Burkholder

Insurance.-When contract to pay over
insurance money when received, be-
tween parties to agreement relating
to sale of controlling stock of cor-
poration, burden on party individ-
ually and could be withheld pend-
ing other litigation. Wilson et al.
v. Zimmerman
Oral inducement.

-

181

61

173

..273, 275

Proper defense to

Eshbach v. Hoff-

PAGE

.311, 314

written contract.
meister
Modification. - Parties may show by
parol abandonment of change in
written contract and two witnesses
not necessary to show, if mere moli-
fication of a stipulation. John T.
Fahey & Co. v. Adams
Written or oral.-Where case for jury
and properly tried on questions as
to whether there was an oral con-
tract by the day as claimed by the
plaintiff or a written contract for a
fixed amount as claimed by defend-
ant in suit for cost of building alter-
ations. Good v. Kachel
Fictitious name-Agency. Contract
solicited here by agent and ratified
by principal in another state where
goods shipped not within fictitious
name act. Serenado Mfg. Co. v.
Sensenig

-

390

408

477
Signing without reading.-Not an ex-
cuse except where party unable to
read. Id.

Misrepresentations.-When party can-
not recover money paid on contract
alleged to have been signed because
of misrepresentations as to its con-
tents. Serenado Mfg. Co. v. Echter-
nacht

CONTRIBUTORY
See NEGLIGENCE.

NEGLIGENCE:

479

CORPORATIONS: See AFFIDAVIT OF
DEFENSE; PROMISSORY NOTES; SALE.
Partnership Equity. Where two
stockholders acquire and own all the
stock of a corporation under agree-
ment, they are partners as to each
other, and equity will enforce the
agreement. Cuppy v. Ward et al... 297
Stockholder.-Interest of is personal

and follows domicil; action to
reach is quasi in rem. Eshleman v.
Iron Co. et al.

COSTS: See CRIMINAL LAW; INSOL-
VENCY; JUSTICE OF THE PEACE;
PRACTICE (Q. S.); REAL ESTATE;
REPLEVIN.

Tender. To be valid must include
interest and costs to date. Dosch v.
O'Brien

Taxation.-Costs may be taxed imme-
diately after verdict, but can only
be collected when case is finally dis-
posed of. Clark v. Reardon
Same-Witness fees. - Proper where
witness was not called or failed to
receive notice not to appear. Id.
CRIMINAL LAW: See EVIDENCE;
PRACTICE (Q. S.).

Costs. When imposition of on prose-
cution will be stricken off. Com, v.
Newhouser

511

186

551

7

......

90

105

145

Complaint.-Sufficient when sets forth
essential elements of offense in
common parlance. Id.
Rape.-Indictment charging statutory
rape and assault with intent may be
founded upon a complaint for com-
mon law rape. Com. v. Ely
Bankruptcy Fraudulent debtor.
What actions of defendant tend to
show intention to defraud creditors.
Com. v. Leventhal
Promissory note-Perjury.-Need not
await determination of action in
which committed; falsely swearing
that word "Agent" was after his
name on promissory note when
material is perjury. Com. v. Hilton, 160
Constable Reward. - Duty of con-
stables to arrest criminals; not en-
titled to reward for arrest and con-
viction, offered after an arrest,
where a constable did not assist in
conviction; knowledge prior to per-
formance of reward offered essen-
tial to recovery.
Smith v. Lancas-

-

ter Co.

-

Regulations of highway commissioner.
-Violation of a misdemeanor as
under Act of 1911. Com. v. Esben-
shade
Abortion

-

Perjury. Divorced husband of de-
fendant may testify against her as
to her residence. Com. v. Bennett.. 465
Bankrupt-Fraudulent debtor.-Quar-
ter Sessions has jurisdiction to try
bankrupt for concealment of prop-
erty. Com. v. Altland ........501, 502
Bankrupt Conspiracy to defraud.—
What not necessary for indictment
to contain. Id.

Arson-Confession. — Act of July 1,
1919, does not prevent admission of
confession to state constabulary.
Com. v. Murr and Kise

Same. Where two defendants are
jointly indicted, confession of one
made not in presence of other ad-
missible. Id.

Reasonable doubt and good character.
-When jury properly instructed as
to. Com. v. Murr and Kise
Bigamy. When indictment for suffi-
cient. Com. v. Miedl
Husband and wife-Limitations-De-
murrer.- -Questions of the complaint
being made by defendant's husband
and whether limitations a bar prop-
erly raised on trial and not by de-
murrer which goes only to the facts
of record. Id.

585

585

592

594

Giving bad check.-On trial of indict-
ment for, defendant cannot raise
question as to consideration. Com.
v. Loose
Same-New trial.-New trial granted
where defendant convicted of giving
bad check under Act of April 18,
1919, but it was not shown what
hour another check was presented
the same day and whether defend-
ant's balance had been reduced by
it when other check was given. Id.
DECEDENTS' ESTATES: See ISSUR
D. V. N.; PRACTICE (O. C.); Trusts.
Husband and wife. - Husband living
separate from wife not liable for
funeral expenses. Roth v. Rensel.. 60
Labor claim-Presumption.-Day la-
borer presumed paid promptly;
when not allowed. Zell's Estate... 67
Devise at valuation. Converts real
estate. Buch's Estate
69

death benefits were paid to dece-
dent's mother who paid them out
for funeral expenses, she is not en-
titled to be reimbursed from estate.
Smith's Estate

"Union Church."- Legacy to, with-
held for proper identification. Eby's
Estate

260

153

199

-

.....

395

If can be se-
admissible.

265

cured, deposition not
Mitsios v. Morios

DEVISAVIT VEL NON: See ISSUE

D. V. N.

DIVORCE: See TRUSTS.

-

Cruel treatment Evidence. What
evidence admissible to show cruel
treatment; personal violence need
not be shown or even threats; con-
donation of ill-treatment not a de-
fense. Stover v. Stover
Same. Improper conduct with im-
moral women admissible. Id.
Domicile-Fraud. - Divorce properly
vacated when false domicile was set
up. Rottger v. Rottger
Vacation. Respondent who entered
appearance and subsequently with-
drew it cannot have decree set aside
because both parties non-resident or
for collusion because he had agreed
not to resist it. Brown v. Brown.. 556
EJECTMENT: See REAL ESTATE.
Conditional verdict.-Where after be-
ing made absolute for plaintiff on
defendant's failure to pay money
stipulated, defendant cannot obtain
deed on payment of money. Carroll
v. Carroll

ELECTRIC POLES: See BOROUGHS.
EMINENT DOMAIN: See ERRORS
AND APPEALS.

-

Same. Such presumption of non-
payment only arises from beginning
of intimate relations. Hess v. Mc-
Aleer's Admr.
Negligence. When in suit for dam-
ages for death of plaintiff's son by
being struck by an elevator while
in the employ of the defendant the
evidence shows contributory negli-
gence in the plaintiff's son but no
negligence in defendant and non-
suit properly entered. Phelan v.
Armstrong Cork Co.
EQUITY: See CORPORATIONS; HYDRO-
ELECTRIC COMPANIES; PARTNERSHIP;
PRACTICE (EQUITY); WAYS.
There being an adequate remedy at
law, a bill in equity will not lie by
a partner farming land in common
to recover share of income from
other partner but may bring bill
for accounting. Trust Co. v. Eby..
Practice-Delay-Accounting.-Delay

PAGE

209

545

9

this may vary its terms. Greider v
Eshleman
EVIDENCE: See CRIMINAL LAW;
DEPOSITIONS; DIVORCE; REPLEVIN.
Receipt.-When verdict should be di-
rected for defendant who produces
receipt in full. Reisner v. Teachers'
Protective Union
Widow.-Competent to testify in sup-
port of claim for exemption. Bit-
ner's Estate
Landlord and tenant-Lease. When
tenant under lease on halves com-
petent to testify in suit that landlord
orally agreed to let him have half
of surplus hay and straw. Morri-
son v. Altland

-

Signature.

-

PAGE

160

Possession.-Evidence that defendants
in possession of disputed land when
plaintiffs took title admissible. Id.
Perjury
Evidence of
bank clerks admissible as to signa-
ture on note when it passed through
the bank. Com. v. Hilton .......
Same.-Evidence of expert as to photo-
graph of signature admissible. Id.
Notary public. - Record of deceased
notary admissible on proof of sig
nature. Id.
Sale-Satisfaction.-Oral evidence ad-
missible to show how long vendee
had to decide that goods bought
under a written contract were satis-
factory. Burkholder v. Hess...... 165
Contract. Evidence of quantum
meruit inadmissible when clause of
contract made. Usner et al. v. Gass
et al.

-

387

Good v. Kachel

Admission.-Not to be excluded from

408

evidence because coupled with an
offer to compromise. Good v. Ka-
chel
408

Deed.

Evidence as to what took
place between parties admissible to
explain ambiguities. Octoraro Water
Co. v. Garrison et al.
413
Judicial notice. Court cannot take
judicial notice of untruth of repre-
sentations about a judge thereof in
an affidavit of defense. S. R. Bit-
ner, Inc. v. Warfel
Perjury-Record of other trial.-Rec-
ord of a trial in another state ad-
missible in prosecution for perjury
to show that defendant then swore
differently; Master who took testi-
mony or stenographer who recorded
it need not be produced nor need it
have been signed. Com. v. Bennett. 465

443

Larceny as employee.

.....

PAGE Evidence of three embezzlements admissible to show system. Com. v. Fembleaux.. 489 Motor vehicles. In action for damages for injury to child by automobile evidence of the distance the car ran after striking the child inadmissible. Steffero v. Martin ... 553 Landlord and tenant.-In proceeding for possession under Act of 1863, evidence that the defendant had attempted to renew the license for the premises and the plaintiff did not is admissible to sustain the defendant's contention that the lease had been extended. Fehl v. Pfaeffle .... 571 EXECUTION: See PRACTICE (C. P.). EXEMPTION (WIDOW'S).

Appraisement.-When estimates should
be averaged up on exception. Bruce's
Estate

FALSE IMPRISONMENT: See MA-
LICIOUS PROSECUTION.

FALSE PRETENSE: See CRIMINAL
LAW.

FARM LEASE: See LANDLORD AND

12

491

387

285

Undue influence.

5

dian or order repayment of money paid. Maule's Estate GUARANTY: See JUDGMENT; Sale.

231

sufficient to justify issue. Brubaker's Estate

JUDGMENT: See HUSBAND AND WIFE; MORTGAGE.

Power of attorney to satisfy.-Where plaintiff died after signing, court will decree satisfaction in absence of proof to contradict payment. Eidemiller v. Eidemiller

ΙΟΙ