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the manner of service thereof.—Leonard v. Allas party attacking his authority to apply for a rule to
show cause why he should not be required to file his
18. An attachment execution is civil process
sue or be enforced against any person mustered into
days after he shall have been relieved therefrom,”
PRACTICE BEFORE, 75-76.
APPEAL FROM REPORT OF, 303.
19. An appeal from township auditors' settle-
ment of the township treasurer's account will be
15. As to farmers the Insolvency Act of June 4, SCHOOL DIRECTORS, 293.
WANT OF, 188.
16. A falsehood or deceit can only be taken BAIL, IN FOREIGN ATTACHMENT, 13.
20. Where one obtains possession of
upon a written contract in which he declares that he
has rented the chattel, that he is to pay a certain
amount, in instalments, as rental and when paid the
al is paid no title is to be acquired by or vested in
him, the contract is one of bailment and not a con-
ditional sale. The absence of an express eovenant
to return a chattel at the end of the term does not
turn a bailment into a conditional sale.-Hughes v.
21. Where the bailee of a chattel replaces a part
of it, such a new part does not become the property
22. There can be no judgment excepting one on MEMBERS OF COUNCIL.
28. The act of March 31, 1860, P. L. 382, does
not conhne the interest of a member of town council
to a money or pecuniary interest coming directly
29. Members of Council who are also members
of a fire company violate the Act of Assembly if
they enter into a contract between the borough and
Cuch fire company and will be ousted from their
office of Counc:1.- 1b.
30. A member of council who is secretary of
company comes clearly within the provis-
ons of the Act of May 28, 1907, P. L. 262-1b.
31. A borough council has exclusive authority
under the Borough Act of May 14, 1915, P. L.
for proper cause, and may, by ordinance, delegate
to the chief of police the right to exercise that au-
thority subject to the supervisory control of the
council.-Pfahler v. Borough of Dunmore, 87.
32. That authority is not abridged by the clause
in the Act of 1915 giving the burgess certain con-
trol of the police with the power to suspend a po-
PERMIT, OR LICENSE.
33. The Borough of Norristown enacted an or-
dinance, requiring "each person, partnership. asso-
ciation or corporation, engaged in the buying and
selling of junk, rubber, rags, rope, scrap iron, brass,
lead, copper or other metal, commonly known as
junk dealers, to pay an annual license fee of Ten
Dollars." The defendant was convicted before a
a license permit. The justice imposed a penalty
town ». Puelo, 99.
34. The supervision over junk dealers falls with-
for the good and welfare of the Commonwealth
for the safety and welfare of its people.—1b.
PLOT, ROADS, 274a.
35. A notice to curb and pave sidewalks of a
borough, served before the sidewalk is brought CERTIORARI, 33, 153.
40. The hearing of the suit before an alderman
was continued from July 19 to July 25. On July
21 a certiorari was issued and served on the
Railways Co., 84.
41. It is impossible for the court to determine
CHARGE ON LAND, 308-311.
BURDEN OF PROOF, 329, 336.
CHARITABLE USE, DEVISE TO, 84.
CONTRIBUTORY NEGLIGENCE OF,
CHARITY, PUBLIC, 302.
CHIEF BURGESS, 31.
CUSTODY OF, 211-214.
MAINTENANCE OF, 215-221.
PRESUMPTION OF CAPABILITY, 198.
SERVICES OF, 217, 220.
43. Plaintiff was the holder of two notes against
of the amount due on the notes. The jury found
for the defendant. On a motion for judgment for
guilty of culpable negligence in not foreclosing;
PROTECTION OF PLEDGE.
OFFER AND ACCEPTANCE,
(3) whether plaintiff's negligence was the direct necessary to continue in force the provisions of said
Court is not ousted by the Public Service Act of
50. Plaintiff offered to furnish and erect for de-
agreed to accept said offer if plaintiff would give
time. Plaintiff consented to give the bond if de-
fendant placed its order elsewhere. Plaintiff then
made on the contract. The affidavit of defense de-
nied libility, owing to the plaintiff's unreasonable
delay in answering defendant's last offer. Held,
that a motion for judgment for want of a sufficient
affidavit of defense must be denied.-American In-
sulation Co. v. Lindemuth Engineering Co., 178.
51. The general rule of law in Pennsylvania is
that a contract is concluded at the time of the mail-
ing of the acceptance of an offer, and not at the time
of its receipt by the party addressed.- 1b.
52. If the offer itself fixes a time within which
it must be accepted, the acceptance thereof must be
is fixed, as in this case, the acceptance must never-
theless be mailed within a reasonable time after the
receipt of the offer or it will lapse.- 1b.
53. What is a reasonable time in any case depends
upon the location of the parties, the nature of the
transaction, the usages of the trade or business in
previous rules of conduct between the parties them-
54. The statement must show clearly what items
of damages or profits are claimed, and the defendant
connected with plaintiff's business of which it can
have no personal knowledge.-16.
55. Defendant agreed to purchase all the “Ohio
and conditions shipper three carloads, one of which defendant re-
PURCHASE BY CARLOAD OR POUND.
to receive and pay for a car containing tobacco other
56. Defendants did not buy by the carload, but by the secretary of the company in order to sell the
COSTS, ON APPEAL, 7.
IMPOSED BY GRAND JURY.
61. Defendant was acquitted of the larceny of a
newspaper, and one-half of the whole costs placed
on the prosecutor. Heid, that that portion of the
verdict must be set aside.-Com. v. Rodgers, 28.
62. The fact that a single newspaper may be of
no sufficient ground
upon which to ignore the true nature of the act
of taking it or impose any part of the costs on the
63. The prosecutor having had good grounds for
its prosecution should not have been made liable for
any portion of the costs.- 1b.
58. The purchase, by a foreign corporation not COUNCIL, MEMBER OF, 28-30.
or less permanent and in line COUNTER CLAIM, 227.
COUNTY CONTROLLER, REPORT OF
CREDITORS' RIGHTS UNDER RECEIVER
falsely represented himself as the insurance adjuster
for the company in which the prosecutor, who had
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.
66. It was
a question for the jury whether the
60a. In an action by a corporation on a note ta- cient to deceive an ordinary prudent man though the