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INDICTMENT.

articles which she chose, at the appraised price.
HELD, to be a manifestly fair method of appraise-
ment.--lb.

67. Motions to quash the indictment and in arrest
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-
HELD,
the statutory crime of rape, and the information out taking the interest into consideration.
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.-lb.
and 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-
stituted presumably before the administration of the
oath.-Com. v. Ramsey, 207.

WITNESSES.

74. Claimant testified 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
the proof adduced.-lb.

CRUEL AND BARBAROUS TREATMENT.
98.

DAMAGES, 168, 230-232,

counsel offering it may know whether or not to of
fer other similar evidence, and objecting counsel
whether or not to cross-examine the witness.-Ib.

76. If objections to her testimony had been de-
ferred until after the close of the testimony, or to
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.

SPECIFIC PERFORMANCE.

69. The act of February 24, 1834, P. L. 75,
provides for legal representatives of a decedent or
the purchaser of real estate or other person interest-
ed to have specific performance of a written con-
tract.--Grenbowshi's Estate, 167.

69a. The act of 1889, P. L. 157, requires that
notices shall be given the heirs when an application
of this nature is made.-Ib.

69b. A bill for specific performance must show
that the decedent contracted in writing to sell or con-
vey his real estate or that he authorized another
to contract for him: that the decedent received part
of the purchase money and that he had knowledge
of the contract.- lb.

WIDOWS EXEMPTION.

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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-claim against the brother's estate will not be sus-
gan's Estate, 166.
tained. Wells' Estate, 1C5.

71. The appraisers first valued all of decedent's
personal property, without knowing which the widow
would elect to take, and then set aside to her the

81. In such case a statement by the brother that
he wanted the sister to have something, is not suffici-
ent to establish a contractual relation.-Ib.

82. Where services are rendered there is an im-
plied contract to pay for them, excepting in case
of parent and child, or where a condition of fam-
ily relationship is shown to have existed.-Ib.

83. Family relationship is such living together
in a common abode, that services may reasonably
be expected by the recipient to be gratuitous, and
may also be considered by the giver to be without
the expectation of compensation.-Ib.

REMAINDER.

84. Where a married woman devised her real
estate to her husband for life with remainder to
charitable uses, and died without issue or known
kindred, and the charitable uses failed, the hus-
band took a fee simple estate and on his death it
descended to his heirs. Section 12 of the Act of
April 8, 1833, P. L. 313, prevented its escheat to
the Commonwealth.-Hunkley's Estate, 107.

DECEIT, 16.

DECLARATIONS, UNAUTHORIZED. 88.

DETECTIVE LICENSE.

maker against the defendant.-Farmers' National
Bank of Lititz v. Hertzler, 97.

PROCEEDS OF MORTGAGE.

87. The real estate of defendant was sold upon
foreclosure of a mortgage, executed prior to the
Act of June 4, 1901, P. L. 364. Claims for Town-
ship, School and County taxes were filed with the
Sheriff. The Sheriff distributed the entire proceeds,
which were less than the amount of mortgage to the
plaintiff. HELD, upon exceptions to the Sheriff's
distribution, that the plaintiff's mortgage had priority
in distribution of the fund.-Yost v. Yeakle, 135.

PROCEEDS OF INSOLVENT CORPORATION.

88. A, an officer of C, the insolvent corporation,
as an agent for B, sold and delivered to Ca
press and other material with the understanding
that B was "to carry" the machinery so sold until
It was "convenient for C to pay for it." Subse-
quently A, as an inducement for S and M to pur-
chase stock in the corporation stated to them that
the equipment of the plant was entirely free of debt.
Before the auditor distributing the balance on the
account of the receiver of C, B claimed the full

purchase price and the auditor awarded him a div-

85. Affirmative and convincing proof ought to be
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'

Petition, 149.

DELIVERY OF GOODS NOT SOLD, 55.

DEMURRER, 102, 113, 236-237, 335.
DEPOSIT, CERTIFICATE OF, 38.
DEPOSITOR, 266-269.

DESERTION AND NON MAINTENANCE.

DEVISAVIT, VEL NON, 315.

DEVISES, 308-314, 326.

DISCRETION.

OF GUARDIAN, 125-126.

OF SCHOOL DIRECTORS, 291-292.

DISTRIBUTION.

PROCEEDS OF ATTACHMENT.

86. On distribution of the proceeds of an at-
tachment the amount of a protested note held by a
bank on which the defendant in the attachment is
endo ser can not be set off against and deducted
from the dividend allowable on a claim of the
maker, who is insolvent, against the defendant,
and awarded to the bank in full payment of the
ncte A regular dividend should be allowed on
the rcte and credited on the full claim of the

the absence of any testimony to show that A had
been authorized to make such untrue declaration,
that the execptions must be dismissed.-Hardnett
Company v. Poultry Fancier Publishing Company,
169.

89. A agreed to sell his stock in the C company
to the company for a fixed sum, part to be paid in
cash and the balance in installments, secured by
judgment On receipt of the cash he sent the stock
to the secretary of the company with instructions to
hold the same until the judgment was secured. C
refused to give the judgment and after come cor-
respondence expressed its willingness, by its attor-
ney, to declare the whole thing off but directed the
secretary to hold on to the stock. Before the audi-
tor, A claimed the balance of the purchase price.
HELD, that exccptions to the allowance of the claim
must be dismissed.-Ib.

89a. E, as attorney, succeessfully resisted the
payment of claims amounting to $1227.12. HELD,
that an allowance of $300 to him out of the fund
for distribution, will be sustained.—Ib.

90. D advanced to the corporation $3,000 to pay
for the stock of A, under an agreement that $3,000
worth of stock was to be transferred to him. By
reason of the failure of the corporation, acting un-
der his advice, to give the judgment desired by A,
the stock was never delivered to the company, or
any part to him. The auditor found that his partic-

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-
tions to this finding must be dismissed.-Ib.

91. A presented a claim for money loaned to the
corporation. As others had been induced to loan
money to the corporation by reason of his state-
ments that it was not indebted to him, the auditor
rejected the claim. HELD, that exceptions to his
findings must be dismissed.-Ib.

DIVORCE.

of bodily harm as materially to interfere with the
discharge of marital duties.-Huyett v. Huyett, 102.
99. Neglect by wife of household duties, indif-
ference, bad temper, nagging, jealousy and refusal
to have sexual intercourse are not such indignities
to the person of a husband as will entitle him to
a divorce.-lb.

100. Divorce is of statutory origin, and the libel
should contain the language of the statute.-Troxell
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.—Ib.
pendante lite and counsel fee. HELD, that an al-
EMPLOYER'S LIABILITY ACT, FEDERAL,
lowance will be made for counsel fee.-March v.
March, 86.

93. Under the circumstance appearing from the
record, alimony at this time would be improper.-
Ib.

94. After an interval of several months, the hus-
band not having paid the counsel fee, an attach-
ment for contempt was asked. HELD, as no time
for payment was fixed in the original order, the at-
tachment must be denied; but a new order, requiring
payment within thirty days, was made.-lb.

329.

EQUITABLE OWNERSHIP, 129-131.
EQUITY.

JURISDICTION, 49, 130.

REMEDY TO ESTABLISH TRUST, 273.

FRAUD UPON CREDITORS.

102. Plaintiff's bill alleged a collusive convey-
ance of B's property to C., for the purpose of de-
frauding B's creditors, and praying for a cancella-
tion of the deeds, an injunction against conveying or
encumbering the property and other relief. C de-
murrred because plaintiff's claim had not been re-
duced to judgment and because there was a remedy

95. Where the admitted and controverted facts
make it incumbent for the respondent to justify her
desertion by proving the facts set forth in her an-
swer, she is entitled to an order compelling the li-
bellant to contribute to the expense of the trial which
at 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. Metzel, 113.

96. The respondent denied the facts set forth in
the libel, and asked for an allowance for counsel
fees and expenses. Subsequently liberant asked

leave to withdraw the suit. The facts showed that
the husband had been ordered by the court of an-
other county to pay respondent a weekly allowance;
and that he had begun proceedings in divorce in

still another county. HELD, that the petition for al-

lowance must be granted.—Anderson v. Anderson,
26.

97. The meandering of the libellant in his effort
to shift jurisdiction not having been explained, jus-
tice requires that he shall pay the expenses in this
court and those incurred by his wife in following
him from another county so that she might vindi-
cate herself from the charges he has placed on rec-
ord against her. Ib.

103. Defendant B being a non-resident, no per-
sonal action could be successfully prosecuted against
him in this jurisdiction and a proceeding in rem

would be so inconvenient and slow as to make it
an inadequate remedy as compared with a bill in
equity.--Ib.

104. The equity court is itself the judge of
whether the legal remedy is an adequate one, and

where such action is circuitous and burdensome, and
in any way uncertain, it will not prevent the court
of equity from taking jurisdiction of the case.--Ib.

SERVICE.

105. Plaintiff presented his petition, alleging
that while the lands, tenements and hereditaments
concerning which suit was brought are located in
York County, the defendant corporation had no
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

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 motion must be granted.-Vandersloot 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.-Ib. | juries.—Ib.

107. It is quite plain from a perusal of the
amended bill that the ultimate object of the plain-
tiff is to have this Court make an order which in
effect would be to change the purpose for which the
dam was constructed, presumably in accordance
with its corporate rights.-lb.

108. As only a small portion of the dam is in
this county the Court has no authority to direct ser-
vice of process upon a non-resident-lb.

ESTOPPEL, 60a, 146, 160, 174.

EVIDENCE, 60a, 77-78, 169-171, 182-186, 192,

196.

115. On a suit to recover balance owing by de-
fendant on his purchase of plaintiff's interests in a
certain company, where the amount of defendant's
down payment is in dispute, and it is shown that
defendant, in a letter written to R, whose inter-
109. Plaintiff below (appellee) presented his pe-ests 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-
caster County, and further prayed that service
might be made at those places. The petition was
granted and a motion to set aside the service was
subsequently denied. HELD, to be error.-
r.-Pennsyl-
vania Water and Power Co.'s. Appeal, 42.
110. The Act of April 6, 1859, P. L. 387, does
not apply to persons or property outside the juris-
diction of the court.- Ib.

116. That defendant at the time of his purchase
borrowed money sufficient to make such down pay-
ment as he alleged, is irrelevant, when plaintiff was
neither
a party nor privy to the transaction.-Ib.
EXECUTION, WRONGFUL SALE UNDER,

168.

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-
fusing to set aside the service out of the county.-Ib.
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.

EXISTING RIGHTS AND REMAINDERS,
26-27.

NUISANCE.

FAMILY RELATION, 82-83.

FEDERAL EMPLOYER'S LIABILITY ACT,
329.

FERRETS.

113. Plaintiff's bill set forth the proposed erec-
tion of a public service garage by defendant, the FEES, 297.
injuries that would result there from to their respec-
tive properties, and prayed for an injunction. De-
fendant demurred, contending that no injunction
could be issued in advance of the erection of the
garage; that the question of whether or not it was

117. Section 9 of Act April 21, 1915, P. L.
146, prohibiting the breeding or selling of ferrets, or
having such animals in possession, except by license

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.-Ib.
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.

FIRE INSURANCE. .

GRADE, LIABILITY FOR CHANGE OF,
158.

GRAND JURY.

118. Plaintiff brought suit on a policy of in-
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 new information except where the Dis-
and Manheim M. P. Insurance Company. No. 2, 29.trict Attorney is justified in preferring an indictment.
-Com. v. Andruchek, 27.
119. An affidavit of defense which is as specific
as the plaintiff's statement, is sufficient to prevent
summary judgment.-lb.

FOREIGN ATTACHMENT, 63.

120. Where a man having a residence in Penn-
sylvania, marries a woman who owns a hotel in
Florida, and lives in the hotel during the winter
but continues to maintain, and intends to return
to his Pennsylvania home in the spring, his resi-
dence continues in Pennsylvania, and a writ of
Foreign Attachment against him will be quashed.--
Wolford v. Warrington, 165.

FOREIGN CORPORATION, 58.
FRAUD, 14, 16, 60, 104-141.

FRAUDULENT REPRESENTATION, 140.

FUNERAL EXPENSES, 209.
GAME COMMISSION, 117.
GARAGE, 113-114.

GARNISHEE

121. Garnishee petitioned the Court to open
judgment entered against him and to let him in for
a defense, alleging ignorance of his rights and lia-
bilities.--Alleva v. Gravinese et al., 191.

a

124. Grand Jurors constitute a part of the Court
and if their returns are in proper form and there
S no evidence of misconduct or irregularity at-
tending their acts and where there is no allegation
ɔr proof that a bill was ignored in consequence of
oversight, mistake or fraud, or where no grave emer-
gency or urgent public need requires it a bill should
not be recommitted to a Grand Jury nor a new one
committed to a subsequent Grand Jury.-Ib.
GUARDIAN AND WARD, 209.

125. Where beneficiaries named in a life insur-
ince policy have the opinion to accept the surrender
value of the policy, a guardian of minor benefici-
aries is authorized by virtue of his office, and with-
out any order of court, to accept the amount and
give his receipt binding the wards, unless his powers
in this respect are restricted by statute.-Cadden v.
Equitable Life Assurance Society, 10.

126. As between keeping a policy alive by pay-
ing the permiums, and accepting the surrender value
at a given time, it is the duty of a guardian to
elect whichever appears to most beneficial to the
ward.-lb.

127. To be entitled to damages for detention at
the legal rate of interest, the beneficiary has the
burden of showing surrender of the policy in the
manner required by his terms, or waiver thereof by
the company.-Ib.

HEIRS, 316.

HUSBAND AND WIFE.

122. The facts show that the garnishee was per-
sonally served with interrogatories, that he had em-
ployed counsel, who notified the Justice that he
represented the garnishee, and if garnishee failed
to recompense counsel for services to be rendered,
he cannot now complain of the position in which
he has voluntarily placed himself. The gar-
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 eighting 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

JOINT TORT FEASORS.

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