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the manner of service thereof.—Leonard v. Allas party attacking his authority to apply for a rule to
Nitrate Products Co., Inc., 124.

show cause why he should not be required to file his
11. Service of a writ regular on its face cannot warrant under Section 71, of the Act of April 14,
be contradicted and set aside merely by the unsup- | 1834, P. L. 333.-Daron v. Prudential Insurance
ported affidavit of the party upon whom the service Co. of America et. al., 74,
was made.-16.

18. An attachment execution is civil process
12. In jurisdictions where appearances de bene within Section 60, of the Act of April 9, 1915, P.
esse are abolished by rule of court, the defendant L. 80, which provides that “no civil process shall is-
cannot, without a general appearance, be heard to

sue or be enforced against any person mustered into
object to the cause of action stated; but may ap- the service of this Commonwealth or of the United
pear specially to challenge a jurisdictional fact, by States during so much of the term as he shall been
deposition or proof dehors the record.-Macan v. engaged in active service under orders, nor thirty
Scandinavia Belting Co., 129.

days after he shall have been relieved therefrom,”
13. Bail demanded by the plaintiff in foreign and cannot issue while the defendant is in active
attachment will not be reduced upon a motion to service, although service of the writ be made on the
quash. That question can not only be considered garnishee only for the purposes of acquiring a lien
upon a rule to show cause why bail should not be and no effort be made to serve the defendant per-
reduced.]b.

sonally.-11.

TOWNSHIP

APPRAISEMENT, 70-73.

AUDITORS,

PRACTICE BEFORE, 75-76.
ASSETS, 59a.

APPEAL FROM REPORT OF, 303.
ASSIGNEES, 223-225.

19. An appeal from township auditors' settle-
ASSIGNMENT.

ment of the township treasurer's account will be
14. Where a defendant when he gave judgment stricken off where no recognizance was filed within
for a pre-existing debt, falsely stated to the plaintiff thirty days from the time of the settlement, as re-
that he had given no prior judgments, this does not quired by Sec. 104 of the Act of 15 April, 1834,
constitute such fraud or deceit in contemplation of P. L. 556.-Bailer's Appeal, 144.
Section 33 of the Act of June 4, 1901, P. L. 404,

AUTHORITY,
as will permit the plaintiff to issue execution on his
judgment after having received and duly released OFFICER OF CORPORATION, 60.
for, a dividend from the assigned estate of the de-

PRESUMED, 17.
fendant who was a farmer.-Minnich v. Hagen, 195. RIGHT TO DELEGATE, 31.

15. As to farmers the Insolvency Act of June 4, SCHOOL DIRECTORS, 293.
1901, is not suspended by the Federal Bankrupt

WANT OF, 188.
Act of July 1, 1898, but is in force.-16.

16. A falsehood or deceit can only be taken BAIL, IN FOREIGN ATTACHMENT, 13.
cognizance of by the courts where it has induced

BAILMENT, 287-289.
some one to do some act to his own injury.- 1b.

20. Where one obtains possession of

a chattel
ASSOCIATION, OFFICER OF, 37.

upon a written contract in which he declares that he
ATTACHMENT, 94.

has rented the chattel, that he is to pay a certain

amount, in instalments, as rental and when paid the
ATTACHMENT, DISTRIBUTION OF PRO- article shall become his property, but until the rent-
CEEDS OF, 86.

al is paid no title is to be acquired by or vested in

him, the contract is one of bailment and not a con-
ATTACHMENT OF ROAD SUPERVISORS,

ditional sale. The absence of an express eovenant
275-279.

to return a chattel at the end of the term does not
ATTORNEY-AT-LAW,

turn a bailment into a conditional sale.-Hughes v.

Murphy, 173.
FEES AND COMPENSATION, 89a, 222.

21. Where the bailee of a chattel replaces a part

of it, such a new part does not become the property
17. An appearance by an Attorney-at-Law is of the bailor and be sold

execution
presumed to be authorized, and the burden is on the / against the bailee.- 1b.

APPEARANCE BY

may

upon

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22. There can be no judgment excepting one on MEMBERS OF COUNCIL.
the verdict, unless a point for binding instructions is

28. The act of March 31, 1860, P. L. 382, does
refused or reserved.-1b.

not conhne the interest of a member of town council
23. Where an execution creditor levies upon a

to a money or pecuniary interest coming directly
bailed chattel and disputes the title of the bailor, to the member of the corporation.—Com. ex rel.
he cannot upon interpleader recover upon a con- Brown v. Pfeil et al., 89.
tingent interest of bailee.--Ib.

29. Members of Council who are also members
BANKS, 266-269.

of a fire company violate the Act of Assembly if

they enter into a contract between the borough and
BANKRUPTCY, 15.

Cuch fire company and will be ousted from their

office of Counc:1.- 1b.
BANKRUPT LEGATEE, 322.

30. A member of council who is secretary of

the fire
BENEFICIAL ASSOCIATION, 133-134.

company comes clearly within the provis-

ons of the Act of May 28, 1907, P. L. 262-1b.
BENFICIAL OWNERSHIP, 129.

POLICE, REMOVAL.
BEQUEST, 321-322.

31. A borough council has exclusive authority

under the Borough Act of May 14, 1915, P. L.
BOARD OF GAME COMMISSIONERS, 117. 312, to summarily remove a policeman from office

for proper cause, and may, by ordinance, delegate
BOND,

to the chief of police the right to exercise that au-
FOR MUNICIPAL IMPROVEMENTS, 179.

thority subject to the supervisory control of the
DEATH OF SURETIES,

council.-Pfahler v. Borough of Dunmore, 87.
24. To settle a controversy between a

32. That authority is not abridged by the clause
railroad company and a trolley company, concern-

in the Act of 1915 giving the burgess certain con-
ing grade crossings, the latter gave a bond to cover

trol of the police with the power to suspend a po-
all damages that might accrue at said crossings by liceman pending the action of the council.—Ib.
reason of the negligence of itself, its officers, agents

PERMIT, OR LICENSE.
or employees. Subsequently there was a change of

33. The Borough of Norristown enacted an or-
sureties, and when the second set of sureties were all

dinance, requiring "each person, partnership. asso-
dead, the plaintiff railroad company petitioned for

ciation or corporation, engaged in the buying and
new bond. Held, that the petition must be

selling of junk, rubber, rags, rope, scrap iron, brass,
granted.--Baltimore and Harrisburg Railroad Co. v.
Hanover and McSherrystown Street Railway Co.,

lead, copper or other metal, commonly known as

junk dealers, to pay an annual license fee of Ten
145.

Dollars." The defendant was convicted before a
25. There being no past or present claim during Justice of the Peace of engaging in the business of
the life of the sureties, nor any credit which could junk dealer in said Borough without first obtaining
have been obtained because of their names on the

a license permit. The justice imposed a penalty
bord, it is plain that no liability under the bond of ten dollars. Upon certiorari, Held, that the
now exists for which the sureties could be held proceedings must be affirmed.— Borough of Norris-
liable.---/b.

town ». Puelo, 99.
26. The Public Service act of June 26, 1913, P.

34. The supervision over junk dealers falls with-
L. 1408. provides that “nothing in this act contained in the police power of the State because this power
shall in any way abridge or alter the existing embraces all manner of wholesome and reasonable
rights of actions or remedies in equity or under the laws, statutes and ordinances, not repugnant to the
common or statutory law of the Comnmonwealth."— Constitution, which the Legislature may judge to be
Ib.

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for the good and welfare of the Commonwealth
27. The decree providing for a bond isscued out and of the objects of the same. The State has the
of a Court of Equity on August 30, 1893, and has inherent right to protect health, life and limb,
been in force ever since. It is such a condition as individual liberty of action, private property and
the legislature apprehended when it passed the sec- the legitimate use thereof and to provide generally
tion (29) above referred to.- 1b.

for the safety and welfare of its people.—1b.

BOROUGHS,

PAVING LIEN.

PLOT, ROADS, 274a.

35. A notice to curb and pave sidewalks of a

borough, served before the sidewalk is brought CERTIORARI, 33, 153.
from the natural to the established grade, is not

40. The hearing of the suit before an alderman
sufficient to sustain a lien for curbing and paving

was continued from July 19 to July 25. On July
after the borough does the grading. To charge the

21 a certiorari was issued and served on the
property owner it is necessary to serve a notice after alderman July 24. Held, that proceedings under
the borough brings the sidewalk to grade.Lands the certiorari' must be dismissed.Perago v. York
downe Borough v. Burdsall, 84.

Railways Co., 84.
36. The credibility of oral testimony is for the

41. It is impossible for the court to determine
jury, but where the verdict shows that the jury found what the judgment of the alderman would have been
against uncontradicted evidence for which there if he had been allowed to proceed.-16.
was no reason to warrant its disbelief, a new trial
will be granted.--1b.

CHARGE ON LAND, 308-311.

BURDEN OF PROOF, 329, 336.

CHARITABLE USE, DEVISE TO, 84.

CONTRIBUTORY NEGLIGENCE OF,

BY-LAWS.

CHARITY, PUBLIC, 302.

CHATTEL MORTGAGE.
37. Where the by-laws of an association pro-
vide that action against any member for conduct 42. Where the maker of a promissory note gives
detrimental to the purposes of its organization shall as collateral security a bill of sale for two automo-
be based upon a charge in writing signed by the biles which are leased back to him and remain
person or persons making the same, and specify in his possession, the transaction is in effect a chat-
ing offense alleged to have been committted, the tel mortgage without possession and void against
association has no power, in the absence of such creditors of the motgagor.Ryder v. Jenkins, 160.
specific charge, to declare a vacancy in an office

CHIEF BURGESS, 31.
for the obvious purpose of ousting the incumbent
as a penalty for such misconduct.-Evans v. Scran- CHILD.
lon Protective Association et. al., 117.

198.

CUSTODY OF, 211-214.
CAPIAS AND RESPONDENDUM, 251-252.

MAINTENANCE OF, 215-221.
CERTIFICATE OF DEPOSIT, 4.

PRESUMPTION OF CAPABILITY, 198.
JOINT PAYEES.

SERVICES OF, 217, 220.
38. Plaintiff's decedent deposited six hundred CHILD LABOR ACT, 333-335.
dollars payable to the order of himself or another
(defendant), and received there for a certificate of CIVIL PROCESS, 18.
deposit. This certihcate contained a proviso that COLLATERAL SECURITY, 42.
the money belongs to the payees jointly, it being
understood that either may withdraw on his or her
individual order during their joint lives, and that

43. Plaintiff was the holder of two notes against
any balance remaining upon the death of either defendant, as collateral security for which it held
shali belong to the survivor. After the death of two mortgages against a third party, of which de-
the testator defendant presented the certificate to the fendant was the legal owner, and which mortgages,
bank and drew the entire amount with interest. by reason of the depreciat.on of the land which
Plaintiff brought suit, ard the affidavit of defense they covered, were worthless. Defendant offered
alleged that the statement did not disclose a suffi- evidence to show a notice to plaintiff by him, to
cient cause of action, averring survivorship and foreclose the mortgages, and claimed a loss, by rea-
consequent title to the fund in question. Held, son of failure to make such foreclosures, in excess
that a motion for judgment for plaintiff must be re-

of the amount due on the notes. The jury found
fused.—Waltrick's Executor v. Hockensmith, 115.

for the defendant. On a motion for judgment for
39. The language used in qualifying the general plaintiff n. o. v., Held, that the judgment must be
certificate of deposit implies an understanding or refused.-City Bank v. Rieker, 189.
agreement between the parties at the time the money 44. The disputed questions of fact (1) whether
was deposited. In the absence of any explanation notice to foreclose had actually been given; (2)
of this agreement, judgment cannot be entered upon whether or not the plainttiff had afterwards been
the proceedings.-- 1b.

guilty of culpable negligence in not foreclosing;

PROTECTION OF PLEDGE.

th

OFFER AND ACCEPTANCE,

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(3) whether plaintiff's negligence was the direct necessary to continue in force the provisions of said
cause of any loss to the defendant-were all nec- contract. -1b.
essarily left to the jury to decide upon the conflicting 49. In such a case the jurisdiction of the Equity
evidence on those subjects.- 1b.

Court is not ousted by the Public Service Act of
45. The Court instructed the jury "if the jury find July 26, 1913, P. L. 1374.-1b.
that plaintiff (after notice to foreclose) was guilty
of supine negligence in not doing so, and this
negligence caused a loss to the defendant, plain-

50. Plaintiff offered to furnish and erect for de-
tiff would be liable to him for such loss." Held, fendant certain covering material. Defendant
not to be error.
r.- 1b.

agreed to accept said offer if plaintiff would give
46. An instruction that the bank could not be bond for the proper completion of the work on
held liable under any and all circumstances for

time. Plaintiff consented to give the bond if de-
failure to foreclose these mortagges, but would be fendant would pay the cost thereof. To this de-
held only to the exercise of such care of the col- fendant replied that it would pay half the cost.
lateral as a man of ordinary prudence would give Not having received an answer in five days, de-
to important affairs of his own, was favorable

fendant placed its order elsewhere. Plaintiff then
to the plaintiff as the rules of law would permit16. brought suit to recover the profits it would have

made on the contract. The affidavit of defense de-
COMPETITION, UNFAIR, 136-139.

nied libility, owing to the plaintiff's unreasonable

delay in answering defendant's last offer. Held,
CONDITIONAL DEVISE, 308-309.

that a motion for judgment for want of a sufficient

affidavit of defense must be denied.-American In-
CONDITIONAL SALE, 20.

sulation Co. v. Lindemuth Engineering Co., 178.
CONSIDERATION, WANT OF, 142.

51. The general rule of law in Pennsylvania is

that a contract is concluded at the time of the mail-
CONSTITUTION.

ing of the acceptance of an offer, and not at the time
ARTICLE 3, SECTION 3, 117.

of its receipt by the party addressed.- 1b.
ARTICLE 16, SECTION 5, 58.

52. If the offer itself fixes a time within which

it must be accepted, the acceptance thereof must be
CONTEMPT, ATTACHMENT FOR, 94. made within the period specified. If no such time

is fixed, as in this case, the acceptance must never-
CONTRACT, 77, 81, 88-89, 230, 293,

theless be mailed within a reasonable time after the

receipt of the offer or it will lapse.- 1b.
PROHIBITED, 28-30.

53. What is a reasonable time in any case depends
EXTENSION OF TERM OF.

upon the location of the parties, the nature of the
47. Where the subject matter of a suit between which the parties are engaged, and also upon the

transaction, the usages of the trade or business in
a borough and a light company is a contract where-
in it is provided that it is mutually agreed by selves in the matters in controversy, and it is a ques-

previous rules of conduct between the parties them-
and between the parties hereto, for themselves tion for the jury.-1b.
and their and each of their successors and assigns

54. The statement must show clearly what items
that this contract shall go into effect on the thir-

of damages or profits are claimed, and the defendant
tieth day of January, A. D. one thousand nine
hundred and eleven and shall expire on the thir- cannot be expected to deny in detail these matters

connected with plaintiff's business of which it can
tieth day of January, A. D. one thousand nine

have no personal knowledge.-16.
hundred anl sixteen: provided, however, that the
borough may at its opinion renew this contract for
another period of five years from the thirtieth

55. Defendant agreed to purchase all the “Ohio
day of January, A. D. one thousand nine hundred warehouse leaves" plaintiff had in stock. Plaintiff
and sixteen, under the

and conditions shipper three carloads, one of which defendant re-
hereof." Held, the word "renew" as used in the fused to receive, because it contained also some
contract should be construed to mean, “to continue,"other tobacco. On the trial of the case the Court
or "extend." —Borough of Sunbury v. Northumbers below charged that "the defendant was not obliged
land County Gas and Electric Company, Ill.

de

ol
P

IMPLIED, 82.

C

d

PURCHASE BY CARLOAD OR POUND.

to receive and pay for a car containing tobacco other
48. Where the borough elects to exercise its op- than" that purchased. Held, to have been error.--
tion to renew, no additional contract or writing is Hoffman Leaf Tobacco Coi's Appeal, 47.

terms

56. Defendants did not buy by the carload, but by the secretary of the company in order to sell the
by the pound, and could not refuse the whole carload stock were false. Held, admissible as an admission
because part of it did not come up to the standard. by the company.--1b.
57. Defendant tendered a check for the tobacco

COSTS, ON APPEAL, 7.
accepted, but wrote thereon "in full to date." Held,
that whether the tender was sufficient to free the

IMPOSED BY GRAND JURY.
defendant from interest depended upon whether it

61. Defendant was acquitted of the larceny of a
was for all that was due.--Ib.

newspaper, and one-half of the whole costs placed
CONTRACTOR, LIABILITY OF EMPLOY-

on the prosecutor. Heid, that that portion of the

verdict must be set aside.-Com. v. Rodgers, 28.
ER, 157.

62. The fact that a single newspaper may be of
CONTRIBUTORY NEGLIGENCE, 190, 194,

money
value, was

no sufficient ground
197, 331.

upon which to ignore the true nature of the act

of taking it or impose any part of the costs on the
CORPORATION,

publishers.--1b.
INSOLVENT, 88, 267-269.

63. The prosecutor having had good grounds for
NON RESIDENT, SERVICE ON,

105-112.

its prosecution should not have been made liable for
FOREIGN.

any portion of the costs.- 1b.

very small

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FALSE PRETENSE.

58. The purchase, by a foreign corporation not COUNCIL, MEMBER OF, 28-30.
registered in this State, of book accounts covering
a number of transactions with different parties, the COUNSEL FEES, 92, 95-97, 222.
collection of which extended over a period of sev-
eral months, more

or less permanent and in line COUNTER CLAIM, 227.
of its corporate activities, the corporation at all times

COUNTY CONTROLLER, REPORT OF
exercising complete control over the transactions
within the State through its designated agents within 64. The annual report of the county controller
the State to carry on these corporate activities, is made to the court of common pleas of the county,
doing business within this State and is in violation is to be made by the acting controller, and not by
of Article 16, Section 5, of the Constitution of an ex-controller.--Controller's Report, 164.
Pennsylvania and the Act of April 22, 1874, P. L.
108.- Finance and Guaranty Company v. West Au-CREDITORS' BILL, 102.
burn Creamery Co., 19.

CREDITORS' RIGHTS UNDER RECEIVER
LIABILITY OF OFFICERS.

SHIP, 268.
59. The liabilities of officers and directors of a CRIMINAL LAW,
corporation, delinquent in the performance of their
duties as such, must be determined in the mode pro-
vided by the Act of July 18, 1863, P. L. (1864) 65. Where on the trial of a defendant charged
1102, and April 29, 1874, P. L. 73.Loux Cream with false pretense it is shown that the defendant
ery Co. v. Tice et al., 6.

falsely represented himself as the insurance adjuster
59a. They are not assets of the corporation so

for the company in which the prosecutor, who had
as to give a general receiver authority to enforce sustained a fire loss, was insured, and thereupon the
them through a proceeding in equity.-16.

defendant obtained the signature of the prosecutor to

contract employing the defendant to advise and

assist in the insurance claim at a fee of ten per cent.
60. Where the representations made by an officer of the amount of the adjustment, the case is for the
of a corporation to obtain a stock subscription are jury, notwithstanding that the defendant proposed to
such he may reasonably be presumed to have render service for his compensation.—Com. v. Ko-
authority to make, they are admissible to show | Eune, 201.
the fraud by which the subscription was procured.

66. It was

a question for the jury whether the
--Sanitary Casket Protec!or Co. v. Fisher, 88. false pretense in obtaining the signature was suffi-

60a. In an action by a corporation on a note ta- cient to deceive an ordinary prudent man though the
ken for a stock subscription, the defendant testified prosecutor signed without reading the instrument,
that the president of the corporation gave him in which would have shown the falsity of the de-
formation showing that certain representations made fendant's representations.- 1b.

a

STOCK SUBSCRIPTION.

as

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