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INDICTMENT.

ment.-

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WITNESSES.

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articles which she chose, at the appraised price.
67. Motions to quash the indictment and in arrest

Heid, to be a manifestly fair method of appraise-
of judgment were refused where it was alleged that
the information charged the common law crime of

72. The appraisers awarded to her a certificate
rape, while the indictment founded upon it charged of deposit and a judgment at their face value, with-
the statutory crime of rape, and the information out taking the interest into consideration. Held,
charged Albert Ramsey, while the indictment charg- that the interest, up to the time of the appraisement,
ed Berdett Ramsey, in that defendant was indicted must be accounted for as part of the estate. - Ib.
ard tried for the offense actually committed, and 73. A refusal to permit the presence of interest-
the only place where the name Albert really appeared heirs at an appraisement is a fact to be taken
ed was upon the endorsement which was no essential into consideration when the fairness of the appraise-
part of the record, the name Albert in the indictment ment has been questioned.--Ib.
proper having been scratched out and Berdett sub-
tituted presumably before the administration of the
oath.--Com. v. Ramsey, 207.

74. Claimant testihed to services rendered by
68. The fact that in an information charging the herself and minor children to decedent during her
defendant with the crime of rape, the additional | lifetime Held, that her testimony should have been
and mistaken allegations of force and that the promptly rejected by the Auditor, as she was clearly
carnal knowledge was against the will of the 13. incompetent.-- Brockley's Estate, 78.
year-old girl did not any the less make it the crime 75. Evidence objected to should ordinarily be
of statutory rape. The particular kind of rape com- admitted or rejected at once by the auditor, so that
mitted by defendant would necessarily depend upon counsel offering it may know whether or not to of-
the proof adduccd.- 1b.

fer other similar evidence, and objecting counsel

whether or not to cross-examine the witness.--1b.
CRUEL AND BARBAROUS TREATMENT.

76. If objections to her testimony had been de-
98.

ferred until after the close of the testimony, or to
DAMAGES, 168, 230-232.

the argument of the exceptions, which the claimant

might not have been able to substitute other evidence
DECEDENTS' ESTATES, 147, 210, 271, 300.

for her own testimony, they could not then have been
301.

sustained to her prejudice.--}b.

77. Testatrix's statements to several physicians
69. The act of February 24, 1834, P. L. 75, that claimant should receive something for what she
provides for legal representatives of a decedent or had done were too indefinite to establish a contract-
the purchaser of real estate or other person interest-

ual relation.--!b.
ed to have {pecific performance of a written con- 78. The exceptions must be dismissed, because
tract.-Grenbowshi's Estate, 167.

without the claimant's own testimony the evidence is
69a. The act of 1889, P. L. 157, requires that clearly insufficient to establish her right to re-
notices shall be given the heirs when an application cover anything more than what was awarded her
of this nature is made.- 1b.

by the auditor.- 1b.
€9b. A bill for pecific performance must show

79. Even admitting her testimony, as the Auditor
that the decedent contracted in writing to sell or con-

did, his findings of fact, on which he based the
vey his real estate or that he authorized another rejection of this claim, are not so clearly errone-
to contract for him; that the decedent received part ous as to justify the Court in sustaining the excep-
of the purchase money and that he had knowledge tions.--1b.
or the contract.- 1b.
widows' EXEMPTION.

80. Where a sister lives with a brother under a
70. The fact that a second-hand automobile, promise that he would give her a home, and
which was appraised at $250, afterward sold for while she is thus living with him he becomes ill,
$300, is no evidence of undervaluation or collusion the sister is not entitled to compensation and a
or wrongdoing on the part of the appraisers.-Lo-elaim against the brcther's estate will not be sus-
gan's Estate, 166.

tained.Wells' Estate, 105.
71. The appraisers first valued all of decedent's 81. In such case a statement by the brother that
personal property, without knowing which the widow he wanted the sister to have something, is nol suffici-
would elect to take, and then set aside to her the ent to establish a contractual relation.- 1b.

SPECIFIC PERFORMANCE.

1

SERVICES.

PROCEEDS OF MORTGAGE.

82. Where services are rendered there is an im- maker against the defendant.— Farmers' National
plied contract to pay for them, excepting in case Bank of Lilitz v. Hertzler, 97.
of parent and child, or where a condition of fam-
ily relationship is shown to have existed.- 1b.
83. Family relationship is such living together

87. The real estate of defendant was sold upon
in a common abode, that services may reasonably foreclosure of a mortgage, executed prior to the
be expected by the recipient to be gratuitous, and Act of June 4, 1901, P. L. 364. Claims for Town-
may also be considered by the giver to be without ship, School and County taxes were filed with the
the expectation of compensation.Ib.

Sheriff. The Sheriff distributed the entire proceeds,

which were less than the amount of mortgage to the
REMAINDER.

plaintiff. Help, upon exceptions to the Sheriff's
84. Where a married woman devised her real distribution, that the plaintiff's mortgage had priority
estate to her husband for life with remainder to in distribution of the fund.-Yost v. Yeakle, 135.
charitable uses, and died without issue or known

PROCEEDS OF INSOLVENT CORPORATION.
kindred, and the charitable uses failed, the hus-
band took a fee simple estate and on his death it 88. A, an officer of C, the insolvent corporation,
descended to his heirs. Section 12 of the Act of as an agent for B, cold and delivered to C a
April 8, 1833, P. L. 313, prevented its escheat to press and other material with the understanding
the Commonwealth.-Hunkley's Estate, 107. that B was "to carry" the machinery so cold until

I was "convenient for C to pay for it." Subse-
DECEIT, 16.

quently A, as an inducement for S and M to pur-

chase stock in the corporation stated to them that
DECLARATIONS, UNAUTHORIZED. 88.

the equipment of the plant was entirely free of debt.
DETECTIVE LICENSE.

Before the auditor distributing the balance on the

account of the receiver of C, B claimed the full
85. Affirmative and convincing proof ought to be purchase price and the auditor awarded him a div-
furnished to the Court that the applicant for a de idend thereon. On exceptions filed, Held, that in
tective license has the proper qualifications.-Roth the absence of any testimony to show that A had
Petition, 149.

been authorized to make such untrue declaration,

that the execptions must be dismissed.--Hardnett
DELIVERY OF GOODS NOT SOLD, 55.

Company v. Poultry Fancier Publishing Company,

169.
DEMURRER, 102, 113, 236-237, 335.

89. A agreed to sell his stock in the C company
DEPOSIT, CERTIFICATE OF, 38.

to the company for a fixed sum, part to be paid in

cash and the balance in installments, sccured by
DEPOSITOR, 266-269.

judgment On receipt of the cash he sent the stock
DESERTION AND NON MAINTENANCE, to the secretary of the company with instructions to

hold the same until the judgment was secured. C
DEVISAVIT, VEL NON, 315.

refused to give the judgment and after come
DEVISES, 308-314, 326.

responderce expressed its willingness, by its attor-

ney, to declare the whole thing off but directed the
DISCRETION.

secretary to hold on to the stock. Before the audi-
OF GUARDIAN, 125 - 126.

tor, A claimed the balar.ce of the purchase price.
OF SCHOOL DIRECTORS, 291-292.

Held, that exccptions to the allowance of the claim

must be dismissed.--16.
DISTRIBUTION.

89a. E, as attorney, succeessfully resisted the
PROCEEDS OF ATTACHMENT.

payment of claims amounting to $1227.12. Held,
86. On distribution of the proceeds of an at- that an allowance of $300 to him out of the fund
tachment the amount of a protested note held by a

cor-

for distribution, will be sustained.-16.
bank on which the defendant in the attachment is

90. D advanced to the corporation $3,000 to pay
endo-ser can not be set off against and deducted for the stock of A, under an agrecment that $3,000
from the dividend allowable on a claim of the l worth of stock was to be transferred to him. By
maker, who is insolvent, against the defendant, I reason of the failure of the corporation, acting un-
and awarded to the bank in full payment of the der his cdvice, to give the judgment desired by A,

A regular dividend should be allowed on the stock was never delivered to the company, or
the rcte and credited on the full claim of the i any part to him. The auditor found that his partic-

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FRAUD UPON CREDITORS.

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ipation in the meetings of the corporation as presi- for divorce consists of such conduct in one of the
dent and director, and his failure to assert any claim married parties as to render further cohabitation
for the money advanced until after the apppointment dangerous of the physical safety of the other, or
of the receiver, fixed his status as that of a stock-create in the other such reasonable apprehension
holder, and rejected the claim. Held, that excep- of bodily harm as materially to interfere with the
tions to this finding must be dismissed.-16.

discharge of marital duties.-Huyelt v. Huyelt, 102.
91. A presented a claim for money loaned to the 99. Neglect by wife of household duties, indif-
corporation. As others had been induced to loan ference, bad temper, nagging, jealousy and refusal
money to the corporation by reason of his state- to have sexual intercourse are not such indignities
ments that it was not indebted to him, the auditor to the person of a husband as will entitle him to
rejected the claim. Held, that exceptions to his a divorce.--/b.
findings must be dismissed.-16,

100. Divorce is of statutory origin, and the libel

should contain the language of the statute.—Troxell
DIVORCE.

v. Troxell, 33.
92. To a libel in divorce charging the wife with 101. In an action by a wife for divorce, an alle-
desertion and adultery, the respondent replied gation of personal indignities is insufficient without
charging her husband with adultery, and demanding the allegation that these forced the libellant to
trial by jury. Subsequently she asked for alimony withdraw from respondent's house and family.—16.
pendante lite and counsel fee. Held, that an al-
lowance will be made for counsel fee.—March v.

EMPLOYER'S LIABILITY ACT, FEDERAL
March, 86.

329,
93. Under the circumstance appearing from the EQUITABLE OWNERSHIP, 129-131.
record, alimony at this time would be improper.--
Ib.

EQUITY
94. After an interval of several months, the hus- JURISDICTION, 49, 130.
band not having paid the counsel fee, an attach- REMEDY TO ESTABLISH TRUST, 273.
ment for contempt was asked. Held, as no time
for payment was fixed in the original order, the at-

102. Plaintiff's bill alleged a collusive convey-
tachment must be denied; but a new order, requiring
payment within thirty days, was made.-16.

ance of B's property to C., for the purpose of de-
95. Where the admitted and controverted facts tion of the deeds, an injunction against conveying or

frauding B's creditors, and praying for a cancella-
make it incumbent for the respondent to justify her

encumbering the property and other relief. C de-
desertion by proving the facts set forth in her an-

murrred because plaintiff's claim had not been re-
swer, she is entitled to an order compelling the li- duced to judgment and because there was a remedy
bellant to contribute to the expense of the trial which ar law. Held, that the demurrrer must be dismissed.
his action has made incumbent upon the respondent.

-Bank of Glen Rock v. Sheffer et. al., 13.
Metzel v. Melzel, 113.

103. Defendant B being a non-resident, no per-
96. The respondent denied the facts set forth in sonal action could be successfully prosecuted against
the libel, and asked for an allowance for counsel him in this jurisdiction and a proceeding in rem
fees and expenses.

Subsequently liberant asked would be so inconvenient and slow as to make it
leave to withdraw the suit. The facts showed that

an inadequate remedy as compared with a bill in
the husband had been ordered by the court of an-

equity.--16.
other county to pay respondent a weekly allowance;

104. The equity court is itself the judge of
and that he had begun proceedings in divorce in
still another county. Held, that the petition for al- whether the legal remedy is an adequate one, and

where such action is circuitous and burdensome, and
lowance must be granted.—Anderson v. Anderson,

in any way uncertain, it will not prevent the court

of equity from taking jurisdiction of the case.-]b.
97. The meandering of the libellant in his effort
to shifi jurisdiction not having been explained, jus-
tice requires that he shall pay the expenses in this 105. Plaintiff presented his petition, alleging
court and those incurred by his wife in following that while the lands. tenements and hereditaments
him from another county so that she might vindi- concerning which suit was brought are located in
cate herself from the charges he has placed on rec-York County, the defendant corporation had no
ord against her.-16.

office or place of business in actual operation in
98. Cruel and barbarous treatment as a ground said county; but averred that defendant's business

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offices were in New York City, and that it had a a nuisance must first be determined by an action at
place of business in Lancaster County, and further law; and asked for a jury trial. Held, that the
prayed that service might be made at those places. demurrer must be dismissed and the prayer for a
The petition was granted and service made, where-jury trial denied.-Niles et. al. v. Richley, 94.
upon defendant moved to have it set aside. Held, 114. The allegations that the proposed garage,
that the inotion must be granted.–V andersloot v. if it should be erected, would necessarily become a
Pennsylvania Water & Power Co. No. 2., 157.

nuisance; that it would interfere with the safe and
106. The bill makes it plain that the defendant quiet use of plaintiff properties, and of the streets
was lawfully incorporated under the laws of the and sidewalks adjacent thereto; and that it would
State of Pennsylvania; if it has not properly or le- interfere with divine services in a nearby church,
gally pursued its franchise as conveyed to it by the (one of the plaintiff's,) if fullly proven, entitle the
act of incorporation there exists some remedy at law; \ plaintiffs to equitable relief, because of the inade-
either by ejectment proceedings, or otherwise, ac- quacy of an action at law as a remedy for such in-
cording to the irregular or illegal encroachment.- 1b.juries.- 1b.
107. It is quite plain from a perusal of the

ESTOPPEL, 60a, 146, 160, 174.
amended bill that the ultimate object of the plain-
tiff is to have this Court make an order which in EVIDENCE, 60a, 77-78, 169-171, 182-186, 192,
effect would be to change the purpose for which the

196.
dam was constructed, presumably in accordance

115. On a suit to recover balance owing by de-
with its corporate rights.- 1b.

fendant on his purchase of plaintiff's interests in a
108. As only a small portion of the dam is in

certain company, where the amount of defendant's
this county the Court has no authority to direct ser-

down payment is in dispute, and it is shown that
vice of process upon a non-resident-1b.

defendant, in a letter written to R, whose inter-
109. Plaintiff below (appellee) presented his perests in the same company he had also purchased,
tition, alleging that while the lands, tenements and admitted the down payment to be as alleged by
hereditaments concerning which suit was brought plaintiff, an offer by defendant to prove that the
are located in York County, the defendant cor- letter was so written at plaintiff's instance in order
poration had no office or place of business in to deceive R, is objectionable both on ground of
actual operation in said county; but averring that

immateriality and also as tending to introduce a col-
defendant's business offices were in New York lateral issue.--Allen v. Nichter, 77.
City, and that it had a place of business in Lan-

116. That defendant at the time of his purchase
caster County, and further prayed that service

borrowed money sufficient to make such down pay-
might be made at those places. The petition was

ment as he alleged, is irrelevant, when plaintiff was
granted and a motion to set aside the service was

neither
subsequently denied. HELD, to be error.-- Pennsyl-

a party nor privy to the transaction.-16.
vania Water and Power Co.'s. Appeal, 42.

EXECUTION, WRONGFUL SALE UNDER,
110.

The Act of April 6, 1859, P. L. 387, does 168.
not apply to persons or property outside the juris-
diction of the court.- 1b.

EXECUTOR, RIGHT OF ACTION IN, 263.
111. Having entered a conditional appearance, EXEMPTION FROM TAXATION, 302.
defendant had a right to appeal from the order re-

EXISTING RIGHTS AND REMAINDERS,
fusing to set aside the service out of the county.- 1b.

26-27.
112. The court fell into error by relying exclu-
sively on the averments in the bill, and failing to FALSE PRETENSE, 65-66.
take into account the controlling importance of the
prayers for relief.- Ib.

FAMILY RELATION. 82-83.
FEDERAL EMPLOYER'S LIABILITY ACT,

329.
113. Plaintiff's bill set forth the proposed erec-
tion of a public service garage by defendant, the FEES, 297.
injuries that would result therefrom to their respec-

FERRETS.
tive properties, and prayed for an injunction. De-
fendant demurred, contending that no injunction

117. Section 9 of Act April 21, 1915, P. L.
could be issued in advance of the erection of the 146, prohibiting the breeding or selling of ferrets, or
garage; that the question of whether or not it was having such animals in possession, except by license

NUISANCE.

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from the State Board of Game Commissioners, and of the judgment and the transcript being filed in
providing penalties for the violation thereof, is strict- the Court of Common Pleas, the application to
ly and closely germane to the subject matter of the open judgment must be refused.- 1b.
act as expressed in the title, and is therefore not in
violation of Section 3, Article 3, of the constitution. GIFT, 5, 38.
--Com. v. Boero, 109.

GRADE, LIABILITY FOR CHANGE OF,
FIRE INSURANCE.

158.
118. Plaintiff brought suit on

a policy of in-

GRAND JURY.
surance, averring loss by fire. The affidavit of de-
fense alleged false answers in the application to the

123. The return of ignoramus made on indict-
questions as to whether the property insured was

ment by a Grand Jury should be the end of the
encumbered, and as to whether the defendant had prosecution originating in the information returned
ever suffered a loss by fire before. Held, that a by the committing magistrate. If public interests
motion for judgment for want of a sufficient affidavit require further action it should be by a new war-
of defense must be refused. Shreiner v. Codorus rant on a new information except where the Dis-
and Manheim M. P. Insurance Company. No. 2, 29. trict Attorney is justified in preferring an indictment.
119. An affidavit of defense which is as specific

--Com. v. Andruchek, 27.
as the plaintiff's statement, is sufficient to prevent 124. Grand Jurors constitute a part of the Court
summary judgment.--1b.

and if their returns are in proper form and there

no evidence of misconduct or irregularity at-
FOREIGN ATTACHMENT, 63.

ending their acts and where there is no allegation
120. Where a man having a residence in Penn- or proof that a bill was ignored in consequence of
sylvania, marries a woman who owns a hotel in

oversight, mistake or fraud, or where no grave emer-
Florida, and lives in the hotel during the winter ency or urgent public need requires it a bill should

not be recommitted to a Grand Jury nor a new one
but continues to maintain, and intends to
to his Pennsylvania home in the spring, his resi- committed to a subsequent Grand Jury.-16.
dence continues in Pennsylvania, and a writ of GUARDIAN AND WARD, 209.
Foreign Attachment against him will be quashed.--

125. Where beneficiaries named in a life insur-
Wolford 1. Warrington, 165.

ance policy have the opinion to accept the surrender
FOREIGN CORPORATION, 58.

value of the policy, a guardian of minor benefici-

aries is authorized by virtue of his office, and with-
FRAUD, 14, 16, 60, 104-141.

out any order of court, to accept the amount and
FRAUDULENT REPRESENTATION, 140.

five his receipt binding the wards, unless his powers

in this respect are restricted by statute.-Cadden v.
FUNERAL EXPENSES, 209.

Equitable Life Assurance Society, 10.
GAME COMMISSION. 117.

126. As between keeping a policy alive by pay-

ing the permiums, and accepting the surrender value
GARAGE, 113-114.

at a given time, it is the duty of a guardian to

elect whichever appears to most beneficial to the
GARNISHEE

ward.--1b.
121. Garnishee petitioned the Court to open 127. To be entitled to damages for detention at
judgment entered against him and to let him in for the legal rate of interest, the beneficiary has the
a defense, alleging ignorance of his rights and lia burden of showing surrender of the policy in the
bilities.-- Alleva v. Gravinese et al., 191.

manner required by his terms, or waiver thereof by
122. The facts show that the garnishee was per the company.--1b.
sonally served with interrogatories, that he had em-
ployed counsel, who notihed the Justice that he

HEIRS, 316.
represented the garnishee, and if garnishee failed HUSBAND AND WIFE.
to recompense counsel for services to be rendered,
he cannot now complain of the position in which

JOINT TORT FEASORS.
he has voluntarily placed himself.

128. Plaintiffs brought suit against husband and
ishee's rights would have been protected by ap- wife for the recovery of damages, which, accord-
peal or certiorari, but a period of more than eight ling to the statement of claim, were the result of
months having elapsed from the time of the entry , an assault committed by the wife “in the presence

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