INDEX

ACTS OF ASSEMBLY CONSTRUED.
Art. 6, Sec. 5, Constitution of Pa., 209.
Art. 3, Sec. 6, Constitution of Pa., 324.

1828, April 24, P. L. 222, Trusts, 44.

1830, April 3, P. L. 130, Landlord and tenant, 242.

1834, February 24, P. L. 75, Specific performance in decedent's

estates, 362.

1851, April 14, P. L. 613, Decedent's estates, 26.

1863, July 18, (1864) P. L. 1102, Corporations, 93.

1867, March 16, P. L. 485, Salary County Treasurer, 145.

1869, March 29, P. L. 22, Cruelty to animals, 31 and 39.

1874, April 22, P. L. 108, Corporations, 209.

1874, April 29, P. L. 73, Corporations, 93 and 118.

1887, May 23, P. L. 173, Private Detectives, 342.

1889, P. L. 157, Specific performance in Decedent's estates, 362.

1889, May 23, P. L. 325, Municipal Liens, 193.

1893, June 8, P. L. 344, Married women, 286.

1895, May 23, P. L. 114, Trusts, 44.

1895, May 30, Elevators, 336.

1901, June 4, P. L. 364, Municipal Liens, 193.

1901, June 11, P. L. 431, Mechanic's Lien, 10 and 411.

1901, June 4, P. L. 394, Taxes, 319.

1905, March 28, P. L. 62, Bulk Sales Act, 29.

1905. April 14, P. L. 169, Trespass, 239.
1909, March 24, P. L. 65, Mechanic's Liens, 411.
1909, April 1, P. L. 87, Intestate Laws, 370.
1909, May 1, P. L. 353, Sec. 25, Fish Law 3.

1911, April 20, P. L. 71, Divorce, 154.

1911, May 31, P. L. 468, State Highways, 105.
1911, June 8, P. L. 720, Divorce, 324.

1912, June 17, P. L. 507, Taxes, 145.

1913. July 22, P. L. 498, State Highways, 105.

1913, May 21, P. L. 285, Taxes, 319.

1913, June 26, P. L. 1408, Public Service 351.

1915. April 21, P. L. 154, Divorce, 324.

1915, June 2, P. L. 736, Workmen's Compensation, 206 and 408.
1915, Practice Act, 293.

1918, May 10, P. L. 162, Taxes, 319.

AFFIDAVIT OF DEFENSE.

1. In suit for balance of rent, an affidavit of defense is insuf-
ficient, which avers landlord promised to make repairs to put
house in a tenantable condition and that later water came through
walls, making repairs necessary, the affidavit of defense not aver-
ing a continuing promise to repair or that premises were untenant-
able when defendant moved in, 35.

2. An affidavit of defense to an insurance policy is sufficient
which is as specific as the plaintiff's statement and which avers
that false answers appear in the application to questions whether
the property was encumbered and whether the plaintiff had ever
before suffered loss by fire, 234.

3. An averment that defendant is informed and believes that
a contract of bailment is not a correct copy of the agreement is
not sufficient without averring that he expects to be able to prove
the same or setting out specially the sources of his information or
the facts upon which his belief exists, 250.

4. An affidavit of defense to a written contract setting up that
it was varied by an agent of the plaintiff is of no avail without
alleging that the terms were omitted from the written contract
by fraud or mistake, 374.

5. It is no defense that contract was signed without knowledge
of its contents where defendant does not allege fraud or inability
to read, 374.

ALIENATION OF AFFECTION. SEE HUSBAND AND WIFE.
BAILMENT. SEE SALES.

1. A bailor may recover his property which was sold at Sheriff's
hands and full value paid by the transferee without notice of
bailor's title, 250.

2. A written contract, in which an automobile is rented on in-
stallments with provision that when paid the article shall become
the property of one who has possession under the written contract
but no title to vest until rental is paid, is one of bailment and not
a conditional sale; the absence of an express covenant to return
a chattel at the end of the term does not change a bailment into
a conditional sale, 379.

BANKRUPTCY.

1. A paid up policy of insurance is not payable to creditors
of a bankrupt when the beneficiary is the wife of the bankrupt, 132.
BENEFICIAL ASSOCIATIONS.

1. Contributions by a beneficial association to defray funeral
expenses cannot be diverted from that purpose; the surplus is not
held in trust but may be kept by the widow absolutely, 229.

2. Where no provision exists for the application to funeral ex-
penses of sum paid to nearest relative upon the death of a mem-
ber, there is no obligation that same shall be so applied, 229.
BILLS AND NOTES. SEE NEGOTIABLE INSTRUMENTS.
BOROUGHS.

1. A borough has no authority to limit the length of time that
a railroad crossing may be blocked by a train, 215.

BROKERS.

1. Where a real estate broker has opened negotiations with a
prospective buyer, the owner cannot sell the property and refuse
to pay the commission, 243.

CERTIORARI. SEE JUSTICE OF PEACE AND SUMMARY CONVIC-
TION.

COLLATERAL INHERITANCE TAX.

1. The thirty days limitation of the right to appeal from the
collateral appraisement of an estate begins to run from time
notice of filing of appraisement is given, 348.

2. The value to be placed upon the real estate of a decedent is
as of the date of his death, 348.

CONTRACTS.

1. An agreement to continue a partnership, cancel certain notes
existing between the partners, but the terms of the agreement to
be reduced to writing is not a completed contract which can be
set up as a defense upon a suit on note, 96.

2. A contract which stipulates that no agent or representative
of the plaintiff had made any statement modifying the terms there-
of cannot be attached in an affidavit of defense by alleging there-
by representations of plaintiff's agent that defendant was induc-
ed to sign same without alleging that they were omitted from the
written contract by fraud and mistake, 374.

3. A court will not construe a contract unless the pleadings or
proofs show in which state it was entered into, 405.

CONVEYANCING. SEE REAL ESTATE.

1. After delivery of a deed the vendee cannot avoid payment
of a judgment note given alleging deficiency in land conveyed,
in that a right of way was upon the premises without showing
clearly fraud, accidental or mutual mistake, 174.

2. Where a married woman has not acknowledged a deed she
may tender a deed of confirmation properly acknowledged, and the
defendant cannot raise a good reason for paying note given as
consideration, 174.

3. When a real estate broker opens negotiations with a pros-
pective buyer, the owner cannot sell the poperty and refuse to
pay commission to the broker, 243.

CORPORATIONS.

1. Liability of officers and directors of a corporation delinquent
in their duties must be determined according to the Act of July
18, 1863 and April 29, 1874, and not through a bill of equity by a
receiver, 93.

2. No law authorizes the granting of a retail liquor license to
a corporation, 118.

3. A foreign corporation not registered in the State, who pur-
chases book accounts and attempts to collect same during a
period of several months, is doing business within the state in
violation of the Constitution and the Act of 1874, 209.

1. A successful litigant may recover costs including those paid
by the party when the case was continued at his motion and the
costs of the term placed upon him, 223.

2. The service of a subpoena by the attorney for a successful
litigant must be paid as part of costs by losing litigant, 223.
CRIMES.

1. To sustain a conviction of cruelty to animals under Act of
1869, more must be shown than improper housing of a cow, 39.
CRIMINAL PROCEDURE.

1. The Grand Jury has no power to place costs on a person
who is not named as the prosecutor on the bill of indictment and
who has not been called before the jury to testify, upon ignor.
ing the bill, 212.

DAMAGES.

1. In action for damages resulting from defendant's truck run-
ning into plaintiff's automobile while standing on the street,
proper measure of damages include expense to which plaintiff was
put by hiring another automobile while his car was being repair-
ed, the costs of new parts and repairs and depreciation of car, 367.
DECEDENTS' ESTATES.

1. A widow is entitled to her exemption, though not living with
her husband, if her absence was occasioned by indignities to her
person so that her condition was intolerable and life burdensome,
26.

2. Widow's exemption may be claimed out of real estate with-
out regard to value of entire tract or the fact that it is encumber-
ed, 26.

3. An executor was permitted to enter a note more than ten
years old where the answer of the maker's defense as to ex-
tinguishment was not clear, 41.

4. Proceeds of writ for the collection of dower will be applied
to payment of first dower, where there are two dowers upon the
premises, but not the interest thereon, and the balance to the
second, 122.

5. A claim for services rendered by one who stands in a fam-
ily relation with the decedent cannot be sustained in the absence
of a contractual relation being clearly shown, 191,

6. An account which has been confirmed and becomes final
cannot be opened by a bill of review except for error of law ap-
parent on the record, or new matter which has arisen since the
decree or as a matter of grace for new proof discovered after the
decree which could not possibly have been used at time of de-
cree, 217.

7. Contributions by beneficial societies to defray funeral ex-
penses cannot be diverted from that use, but where provision is
made for its application there is no obligation to apply the sum
for funeral expenses, 229.

8. A petition for specific performance of a decedent's con-
tract to sell real estate must show that decedent contracted in
writing to sell, or authorized another to contract for him, that he
received part of the purchase money and had knowledge of the
contract, 362.

9. Whether there is a partial or total intestacy the Act of 1909
applies and widow when there is no issue is entitled to claim
$5000 and one-half of personal property absolutely, 370.
DESERTION AND NON SUPPORT.

1. Husband is liable for support of children though he and
wife are living separate and apart and children aree with her,
either by consent or where wife leaves him on good cause, but
it is otherwise where she leaves without cause, 313.

2. A step-father is entitled to the service of step-child and is
responsible for support, education and maintenance of such
child, 313.

3. Where a child is deserted by both parents, responsibility
rests on father, 313.

DETECTIVES.

1. Affirmative and convincing proof ought to be furnished to
court that an applicant for a detective license under the Act of
1887 has the proper qualifications, 342.

DIVORCE.

1. Court will not compel husband to pay support for wife and
children on a rule pendente lite where he is willing to take chil-
dren, 1.

2. Arrearages on an agreement to support wife and children
will not be made on rule pendente lite, 1.

3. Alimony of Five Dollars per week and fifty dollars counsel
fee allowed where husband earned eighty dollars per month, 1.

4. A divorce will be granted on grounds of desertion where wife
leaves place where she is living and writes to husband that she
cannot tell if she will ever see him again, 5.

5. Vague evidence of personal indignities are not sufficient to
defeat a divorce on grounds of desertion especially when the in-
dignities to the person were not the cause for leaving the libel-
lant. 17.

6. The Act of April 20, 1911, under which the Court may refuse
a trial by jury in a divorce case which would be prejudicial to
public morals, is constitutonal, 154.

7. A libel in divorce must contain the language of the statute
and an allegation of indignities to the person is insufficient with-
out the allegation that these forced libellant to withdraw from
respondent's house and family, 213.

8. Receiving mail and paying rent for a room in an apartment
is not sufficient evidence of residence within the county and state
for a year prior to filing libel where there is evidence that libel-
lant lived in another state during year, 322.

9. The Act of 1915 making witness competent generally in di-
vorce whether personal service was had or not and irrespective
of residence of respondent is not in violation of the Constitution
of Pennsylvania relating to amendments by reference to the
titles, 324.

10. The service of the notice of a master's meeting and of the
rule to show cause why of a divorce should not be granted need
be served upon the respondent only when a resident of the
County, 414.

11. A master and examiner has no authority to amend a libel in
divorce, 415.

12. Where a respondent was served personally and was pres-
ent a master's meeting, a divorce will not be refused because of a
variance in the proof of the date of marriage from the date alleged
in libel, 415.

DOWER.

1. Proceeds of writ for the collection of a dower will be applied
to the payment of first dower, when there are two dowers upon
the premises, but not to the payment of the interest thereon, and
the balance to the second dower, the interest of the heirs in the
second dower cannot be diminished by the payment of interest on
the first, 122.

EQUITY.

1. The proof of fraud must be direct, or at least clearly estab-
lished and will not be presumed in a bill which charged that the
transfer of assets was for purpose of delaying and defrauding cred-
itors, 18.

2. A demurrer to a bill for injunction was dismissed where it
was alleged that a garage which was about to be erected would
interfere with divine services, the safe and quiet use of the neigh-
borhood, for if fully proven would entitle plaintiffs to equitable
relief, because of the inadequacy of an action at law for such
injuries, 300.

3. A bill in equity with a notice endorsed upon it which is not
dated and fails to state the place of business of the Solicitor for
the plaintiff, violates rule four of the Equity Rules of the Supreme
Court, which have the force and effect of an Act of Assembly and
such a bill cannot be amended, 335.

4. Equity will not assume jurisdiction where there is an ade-
quate remedy at law; so held where defendants had promises if
execution were not issued against a corporation they would pay
plaintiff's claim against corporation in full within ten days but
failed to do so and property of corporation was sold, 345.
ESTOPPEL.

1. To work an estoppel it must be shown that the plaintiff in
replevin assented to making of a sheriff's sale or grossly neglect-
ed to discharge a duty which they owed to the defendant in the
replevin suit who bought goods held under bailment from the
plaintiff, 250.

2. Real owner of a chattel cannot be charged with an estoppel
by the purchase at a sheriff's sale where it does not appear that
purchaser acted on or was misled by anything said or omitted
by owner or his agent, and the party setting up an estoppel must
be personally misled by acts which constitute the estoppel alleged,
250.