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.
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.
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.
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.
properly brought before magistrate.
Appeal-Costs.-On appeal, appellant
must pay costs or give bond to pay both debt and costs.
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.
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
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
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
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
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.
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)
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.
sufficient to warrant new trial. Id. Return of service.-Return of service conclusive on defendant. Pontz v. Crawford
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.
Defects in statement may be cured by amendment. Id.
PRACTICE (O. C.).
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.
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.
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
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
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.
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
- When question of for court.
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.
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
« AnteriorContinuar » |