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Guaranty. Where payee on judgment note also signs assignment and guaranty on back with warrant, separate judgments may be entered on each warrant, only one judgment can be entered on single warrant, such judgments are tered by virtue of the Act of 1806 which must be followed. Trust Co. v. Shaub Amendment.

Id.

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When judgment has been entered in substantial accord with terms of warrant but execution is irregular, it can be amended to conform to its terms. Misused note. - Judgment entered on note given for other purpose will be opened. Christ v. Mink Opening of. Should be opened where defendant denies signature and there are corroborating circumstances. Kauffman v. Wright Two judgments-Interpleader. Borrower who gave two judgments for same debt not entitled to interpleader issue. Ripple, Atty., and Sherts' Use v. Wolf Same-Husband and wife.-Where a debtor gave a judgment to a husband and afterwards another to his wife for the same debt the burden is on the wife to show that the money loaned was hers, and having failed, her judgment will be opened. Ripple, Atty. v. Wolf

JURY: See PRACTICE (Q. S.).

JUSTICE OF THE PEACE.
Jurisdiction Bet.

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159

355

485

591

Magistrate has jurisdiction in suit to recover money paid but not to collect money won in bet; record must show facts giving jurisdiction. Kline v. Mowery. 85 Jurisdiction - Trespass. Magistrate has no jurisdiction in action of trespass based on defendant's negligent handling of automobile. Strasser v. Seaman

Jurisdiction-Automobile.

damages in

Shoenberger v. Wolf

Leibowitz v. Keim

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170

Farm lease. -Written farm lease on halves may be changed into oral lease for fixed sum by oral agreement. Long v. Book Same. When sum stipulated for performance of farm lease is penalty, not liquidated damages. Warfel v. Burkholder Sub-lease.-Sub-tenant bound by terms of lease and cannot stay writ issued by landlord. Harnish v. Kauffman. 384 Farm lease.-Tenant on halves entitled to half of way-going crop or onefourth for harvesting, if he ob tained the growing crop when he went in. Metzger v. Messner ... 565 LEASE: See EVIDENCE; LANDLORD AND TENANT.

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automobile

· Suit for collision

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Sentman v.

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properly brought before magistrate.

Appeal-Costs.-On appeal, appellant

must pay costs or give bond to pay both debt and costs.

Sentman

Appeal-Practice Act.-Does not apply on appeals from magistrate. Philip Schum, Son & Co. v. Waitz

.......

LACHES: See PRACTICE.
LANDLORD AND TENANT: See

CRIMINAL LAW; EVIDENCE; PRAC-
TICE.

442

MAGISTRATE: See JUSTICE OF THE PEACE.

MALICIOUS PROSECUTION. Probable cause.-Want of, and malice must be shown in action for; verdict of not guilty prima facie evidence of want of probable cause; advice of counsel rebuts presumption of want of probable cause and

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451

237

577

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281

481

Same. When statement which avers
that plaintiff had right of way and
defendant driving at unlawful
speed. Dabler v. Mann
Passing car stopped for passengers.—
In action for damages for injury
to passenger only question whether
car had stopped; defendant who
violated law cannot allege contribu-
tory negligence. Clark v. Reardon. 503
Collision at night with truck standing
without lights on highway.-When
does not necessarily show contribu-
tory negligence and question for
jury. Hallman v. Sterner
Injury of child in street.-When non-
suit properly entered in suit for
damages, no negligence being shown.
Steffero v. Martin

547

553

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PHYSICIAN.

PAGE

Negligence-Damages.-Suit for non-
suited when not shown that physi-
cian was negligent. Boltz v. Thome. 229
POWER OF ATTORNEY: See JUDG-
MENT.

PRACTICE: See COSTS; EQUITY; ER-

RORS AND APPEALS; EVIDENCE; Jus-
TICES OF THE PEACE; LANDLORD AND
TENANT; MORTGAGES; MOTOR VE-
HICLES; PARTNERSHIP; RAILROADS
AND RAILWAYS; ROADS, STREETS
AND HIGHWAYS; SCHOOL LAW.
Mechanics' liens-Affidavit of defense.

-Rule to strike off items of me-
chanics' lien discharged when some
items good. Better practice to ob-
ject by affidavit. Ott & Co. v. Dun-
lap Silk Corp.
Promissory note-Executor-Affidavit
of defense.-One of two endorsers
who both paid a note cannot sue for
use of both; in suit by endorsee
negotiations should not be set forth;
judgment cannot be entered for
plaintiff on question of law what
executor need set forth in affidavit
of defense. Rhodes et al. v. Ter-
heyden et al.
Affidavit of defense.-Court may allow
supplemental affidavit of defense to
be filed provided it does not raise a
new question or defense. Trethaway
Bros. v. Israel

....

Judgment n. o. v.-Cannot be entered
where no points reserved or excep-
tion taken. Stevens v. Brown ...
Service of writ. Writ served on
agent of defendant in another county
will be set aside where defendant
does its business by shipping mer-
chandise from another state on order
received from traveling agents.
Grube v. J. B. Colt Co.
Same.-Writ served in this county on
an officer of subordinate lodge of
another county improper where
grand lodge transacts all business.
Oster v. Brotherhood of Locomotive
Firemen and Engineers ....
Same.-Writ may be served on officer
of subordinate lodge in this county.
Oster v. Brotherhood

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279

Defense. Not permitted unless set
forth in affidavit. Hess v. McAleer. 136
Affidavit.-Affidavit insufficient which

denies truth of statement in general
way. Union Trust Co. v. Martin.. 156
Set-off-Sales-Set-off must be stated
with same detail as statement. Har-
risburg Auto & Repair Co. v. Econ-
omy Accessory Stores

157

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Statement.-Statement not insufficient
because fails to show residence or
relationship of parties whose names
are same; if plaintiff an alien enemy
or married to defendant, these are
matters of defense. Miedl v. Miedl. 317
Statement - Contract. — Sufficient to

allege that defendant took and car-
ried away money; contract to return
implied. Id.

Laches.-Non pros will not be entered
for delay in prosecuting suit unless
the statute of limitations has inter-
vened; plaintiff should be ruled to
file statement under local rule. Lan-
caster v. American Bonding Co. ... 320
Farm lease-Affidavit of defense.-In
suit on farm lease and renewals for
removal of straw, plaintiff not en-
titled to judgment for want of a
sufficient affidavit of defense when
his statement violates Secs. 5 and 9
of the Practice Act of 1915 and
does not state whether lease was
under seal or contain copies of re-
newals. Rockey v. Barr
339
Verdict-New trial.-Verdict will not
be set aside because necessarily a
compromise verdict. Adams v. J. F.
Apple Co.

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347

408

443

New trial. When additional reasons
filed too late. Good v. Kachel
Fictitious name. - Failure to register
cannot be raised as defense to part
of debt sued for contracted before
passage of Act. Philip Schum, Son
& Co. v. Waitz
Order for inspection.-Will be refused
when petition not sufficiently spe-
cific. Mowery v. Weaver ...... 445
Employer and employee-Statement.—
When in suit for damages for in-
jury by machinery statement not
sufficiently specific as to what ma-
chinery caused the accident and
how. Welsh v. Marietta Holloware
Co.
..470, 480
Withholding goods — Implied sale.—
Assumpsit will not lie for goods
taken and still held, but if out of
possession of the taker, assumpsit
will lie on implied sales.
V. Kauffman (No. 2)

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Ehrhart

.... 471

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New trial.-When case for jury. Tansy
Tobacco Corp. v. Granat
Suit on contractor's bond.-Statement
sufficient which alleges amount
plaintiff had to pay above original
contract price. City v. American
Bonding Co.
Minority of defendant. Cannot be
taken advantage of on trial; should
be raised by affidavit under Sec. 20
of Practice Act of 1915. Reinfried
v. Heiss
Points.-Need not be specifically an-
swered when covered in charge.
Benedict v. Fulton Twp. ....
Landlord and tenant-Affidavit of de-
fense. In proceedings for possession
under Act of 1863 defendant may
prove damages; no pleading is nec-
essary; affidavit of defense not re-
quired. Fehl v. Pfaeffle
Newly discovered evidence.

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When

sufficient to warrant new trial. Id.
Return of service.-Return of service
conclusive on defendant. Pontz v.
Crawford

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Sale-Warranty. · When money paid
to same execution on judgment for
price of a horse not as warranted
cannot be recovered; proper remedy
action for breach of warranty.
Smith v. Pearce
Affidavit of defense.-Court cannot, on
motion, strike out irrelevant matter
in affidavit; this can be excluded on
the trial. Hilton v. Sharpless
Breach of promise to marry. - State-
ment in suit for must state whether
promise written or oral. Minnick
v. Denny
Statement.-Must be signed by plain-
tiff's attorney and sworn to by
plaintiff or some one who alleges he
knows facts. Id.

Amendment.

Defects in statement
may be cured by amendment. Id.

PRACTICE (O. C.).

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Amendment.
even after demurrer. Agricultural
Trust Co. v. Eby

Bill may be amended

Answer. Should meet all allegations
of complaint and also set forth de-
fendant's case clearly and specifi-
cally. L. & Y. F. St. Ry. Co. v.
Ea. N. P. Co.
Contract to sell real estate - Specific
performance.-When one of two de-
fendants served locally not prin-
cipal defendant so as to permit
extra-territorial service on other
under Act of 1859. Graybill v.
Mau
Specific performance. — Who is prin-
cipal defendant within meaning of
Extra-territorial Service Act when
two of three defendants are non-
residents. Id.

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Perjury-Trial for need not await de-
cision of case in which committed.
Com. v. Hilton
... 160
Nuisance.-Objection that indictment
did not aver a public or common
nuisance being to a matter of form
is made too late after jury sworn
and in arrest of judgment. Com. v.
Heagy
Rape.-Count for may be joined with
one for assault with intent. Com.
v. Reinhold

Two indictments.-Defendant may be
tried on two indictments at same
time. Com. v. Fembleaux
PRESCRIPTION: See ROADS, STREETS
AND HIGHWAYS.

PRINCIPAL AND SURETY: See
HUSBAND AND WIFE; PRACTICE.
PROMISSORY NOTE: See AFFIDAVIT
OF DEFENSE; BANKS AND BANKING;
JUDGMENT; PRACTICE.

425

448

480

Accommodation maker.-Not liable on
note in hands of payee who has suf-
fered no injury. Geib v. Geib..... 65
Corporation.-Plaintiff in suit on note
signed by treasurer must set forth

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standing

77

in the statement how and when he
was authorized to sign it. Bom-
berger's Ex'or v. Fulton Farmers
Ass'n
Innocent holder. Court may direct
verdict for innocent holder of frau-
dolent note. St. Clair v. Hastings.. 185
Fraud in procuring signature.—Invali-
dates note, and where it was non-
negotiable and defendant took it for
an existing debt it may be im-
peached. D. & C. Mut. Fire Ins.
Co. v. Shaub

Signing on Sunday. Does not void
note if not delivered until Tuesday
though dated Sunday. Bank v.

Weaver's Ex.

Bank v. Gehman

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Not necessary in suit by
holder against maker to aver that
plaintiff had no notice of defense.
Farmers Trust Co. v. Myers ...
RAILROADS AND RAILWAYS: See
AFFIDAVIT OF DEFENSE; MOTOR VE-
HICLES; ROADS, STREETS AND HIGH-
WAYS.

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206
483

394

140

373

Bill of particulars.-When allowed in
suit for damage from sparks from
locomotive. Brubaker v. P. R. R.
Co.
Same. When statement need not
specify number of engine that set
fire to property or what direction it
was going. Martin v. P. R. R. Co. 261
Automobile.-When in suit for dam-
ages for trolley car striking auto-
mobile after it skidded on the track,
a non-suit is properly entered. Hup-
per v. Tracton Co.
Explosion in controller box. - Where
caused panic and passenger who was
hurt sued company, case for jury on
negligence of conductor and plain-
tiff and verdict for plaintiff sus-
tained. Helman v. Conestoga Trac-
tion Co.
Contributory negligence.-Where plain-
tiff must have seen an approaching
train had he properly complied with
the rule to stop, look and listen, he
cannot recover for injury at the
crossing. Abel v. Payne

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- When question of for court.

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439

573

husband of remarried

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115

widow of decedent refused to sign.
Miller v. Schaeffer
Agency-Damages.—In suit for dam-
ages for loss on contract to pur-
chase real estate given by agent
without authority, the plaintiff, hav-
ing rescinded the contract, can only
recover from agent the amount paid
him, if not already paid over to his
principal. Galvin v. C. F. Bowman
& Co.
Contract to purchase.-Where prospec
tive purchaser elects to change his
mind and pay penalty provided in
the contract, he cannot defend against
the penalty on the ground that the
title was not good. Warfel v. Burk-
holder
Costs-Trespass for diverting water
upon.-Plaintiff cannot recover costs
in excess of verdict where no certifi-
cate that title involved. McElroy 2.
Filby
463
Agency. When agent cannot be de-
nied commission on ground that he
represented both parties. Pontz v.
Crawford

RECEIVER: See MORTGAGE.

RENT: See LANDLORD AND TENANT.
REPLEVIN.

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to show party who sold goods to
plaintiff acting as agent. Atlantic
Motor Truck Co. v. Kachel
Affidavit of defense. Insufficient in
action for horse, where avers claim
for care of horse. Moore v. Wilson, 351
Lien-Counter bond.-Defendant who
claims lien for services cannot give
counter bond and retain possession.
Id.
Affidavit of defense.-Sufficient which
sets up lease signed in blank with
understanding that same rate was
to be inserted but it was made
greater; immaterial that defendant
had failed to pay either rate. At-
lantic Motor Truck Co. v. Kachel.. 433
Affidavit of defense-In custodia legis.
-Defendant cannot defend that
goods are in custody of the law
where such defense not set up in

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