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of her husband." The defendants were not alleged IGNORANCE OF RIGHTS, 121-122.
to have been tort-feasors, neither was any concert

IGNORED INDICTMENT, 123.

of action averred or shown. The testimony clearly
showed that the husband defendant was not an ac- IMPROVEMENT BONDS, 179.
tive tort-feasor; that he did not either actively or
passively participate in the alleged assault by his INDEPENDENT CONTRACTOR, 156-157.
wife upon plaintiff; that he was not present when INDICTMENT, 67-68, 123-124, 279.
it occurred and that when he returned his only act
was to take or pull his wife away from the scene.
HELD, on a motion to take off compulsory non-suit
that "upon the record as it stood at the time of the
trial, and upon the plaintiffs' evidence, no verdict
could have been properly rendered against anyone."
Elkins v. Rosenberger, 142.

MAINTENANCE.

INDIGNITIES TO PERSON, 99, 101.
INFORMATION, CRIMINAL, 67-68,
INHERITANCE TAX, 300-301.
INJUNCTION, 113, 136-139, 291.
INSOLVENCY, 14-15.

INSURANCE, 125-127.

FIRE, 118.

BENEFICIAL ASSOCIATION.

123. When a son purchased an improved town
lot, for his own use, with money in part borrowed
from his mother on his oral promise to repay the
same in certain installments, and caused the deed
133. Judgment will be entered for plaintiff in an
to be made in the mother's name as grantee, but action by a beneficiary under a beneficiary insurance
without her knowledge or request, and for several policy where the defense was that plaintiff did not
years lived on the premises in undisputed possession, belong to any of the classes designated as possible
paying taxes and insurance, HELD, that the mother beneficaries under the constitution and by-laws of
merely holds the legal title as trustee, while the ben- the association, and it appeared that all premiums
eficial ownership is in the son, and as such the prop had been paid regularly and decedent was in good
erty is liable to seizure for his debts, or other lia-tanding at the time of death, and there was no evi
bilities in the nature of debt, when reduced to judg-dence to show that plaintiff was not the beneficiary
ment either at law or in equity.-Jayne v. Jayne named on the books of the lodge.-Green v. Su-
preme Lodge Knights and Ladies of Honor, 31.

et al., 35.

130. In an action in equity where it is shown
that such beneficial owner had wilfully deserted his
wife and child without reasonable cause, removed
to another state, and thereafter wholly neglected to
provide for their maintenance, and he is directed
to make certain monthly payments to the wife, the
property may, in default of such payments, be seiz-
ed and sold to recover the amount so awarded, and
both mother and son be enjoined from disposing of
or encumbering the same pending the sale.-Ib.
131. As to what standing, if any, the mother
may have to reclaim an unpaid balance of the loan
out of the property, in absence of any agreement
relating thereto, is a question to be determined on
the distribution.-Ib.

134. There is no rule or law that prevents a ben-
ficial insurance association from waiving any of the
provisions of its constitution or by-laws, if it sees fit
so to do.-lb.

LIFE.

135. In an action on a policy of life insurance,
where the defendant sets up alleged false answers
as to the excessive use of spiritous liquors, and as
to prior diseases, and as to the attendance of a phy-
sician, and all these facts are contradicted by wit-
nesses who knew the decedent, and were in a posi-
tion to know the facts as to his use of liquors, and
as to his health, the case must be submitted to a
jury.-Bednar's Admr. v. Prudential Insurance Co.,

81.

LIVESTOCK, 1.

INSURANCE COMPANY, LIQUIDATION
OF, 1.

132. Where one under sentence to pay his wife
three, dollars per week for the support of his wife
and daughtered petitioned the court for modification
of the order, and it was made to appear that since
sentence was imposed he was divorced and that the
daughter had attained the age of fifteen years and
was earning from three to three and a half dollars
per week as wages, the court reduced the amount of 136. The use by a brewer of certain markings
the weekly payment to two dollars.-Com. v. Rod-of his beer kegs in unnecssary and exact imitation of
man, 150.
the markings used by a rival brewer for many years

INJUNCTION, 102, 113.

before the imitator came into the field, will be en-
joined.-Pennsylvania Central Brewing Co. v. An-
thracite Beer Co., 14.

137. As relating to the necessary daily recovery
of empty beer kegs for refilling, peculiar to the
brewery business, the defendant's act must be re-
garded as mischievous, and tending to cause confu-
sion of property, and to increase both the hazard of
mistake in collection and the expense of handling in
that branch of the service, and on that ground the
complaintant is entitled to relief in equity.-Ib.

are proper for the consideration of a jury.-Berger
v. McCluan, 119.

144. A copy of a letter was incompetent as evi-
dence where it did not appear that the letter was
mailed or how it was brought to the attention of
plaintiff, and no demand was first made to have
the original produced. Where such an exhibit was
a part of a deposition taken on a rule to open a
judgment, the court refused to consider it.-Ib.
OPENING OR VACATING, 237-239.

SATISFYING BY COURT.

138. Proof of actual deception is not essential.
Plaintiff's right to relief by injunction is the liabil- 145. The Act of 14 March, 1876, authorizing
ity of injury to his trade by means of deception.-the court to direct the prothonotary to mark judg-
Ib.
ment satisfied, applies only to a clear case of a paid
judgment. If there is any dispute as to the fact of
payment the defendant must
move to have the
judgment opened and the disputed facts decided by
a jury.-Hoffman v. Marker, 92.

139. There is no rational ground of distinction,
in respect to the need of relief, between an injury
which operates to impose additional cost of service
on another, and one which directly tends to take
away his trade.—Ib.

INSOLVENCY, 14-15.

INTENTION, MUNICIPAL, 184.

INTEREST, 127.

INTERPLEADER, 23.
INTOXICATION, 194.

JOINT TORT FEASORS, 128.
JUDGMENT, 22, 270.

FORM, ON PLEADINGS, 248.
OPENING, 121-122, 238-239.

140. Where the defendant can neither read nor
write and signed a judgment exemption note upon
the representation that it was to secure a smaller
sum than the face of the note the court will permit
him to show such imposition.—Moskovitz v. Kat-
such, 128.

141. A person cannot represent both parties to a
transaction without the knowledge of such fact by
both parties and if such agent deceives either of
the parties he cannot recover commissions from
either.-It.

142. The defendant in a judgment entered by
confession in his promissory note has no standing to
attack it on the ground that it was voluntary and
without consideration, inasmuch as only the defend-
ant's creditors are prejudiced in law by such volun-
tary confession.-Mahon v. Mahon, 11.

143. A judgment entered on a judgment note
given in payment of a contract for materials and la-
bor in the erection of a house will be opened where

146. A plaintiff who accepts in full settlement
of a judgment cash and and a note aggregating less
than his claim, is estopped from afterward claim-
ing the balance.-Ib.

JUDICIAL SALES.

147. Respondent and decedent's administratrix
agreed upon a private sale to the former of dece-
dent's real estate; but, upon exceptions filed, the
Court refused to confirm the sale and ordered a
public sale, at which petitioner bought the property.
The sale was duly confirmed and deed executed and
delivered; but respondent, having entered into pos-
session before the public sale, refused to vacate,
whereupon, a petition was filed under the Act of
April 20, 1905, P. L. 239, and citation was granted.
HELD, that judgment must be entered against the
respondent.-Gettel's Petition, 151.

148. The facts plainly disclose that the petition-
er is the owner of the real estate in question, having
his title through an order and decree of the Orphans
Court, and from all the facts, he has a present right
of the possession thereof.—Ib.
JUNK DEALERS, 33-34.
JURISDICTION, 297.

APPPEARANCE TO CHALLENGE, 12.

OF JUSTICE OF THE PEACE, 149-151, 153.
OF REGISTER OF WILLS, 272.
JURY, QUESTION FOR, 163.
JUSTICE OF THE PEACE, 40-41.

JURISDICTION.

149. A Justice of the Peace issued a summons
the evidence is conflicting and the facts presented in trespass; the defendant filed an affidavit of de-

fense alleging that the title of the land will come LAND, CHARGE ON, 310.
in question; the defendant tendered half the costs

but refused to enter into recognizance as required LANDLORD AND TENANT.
by the Act of July 2, 1901, P. L. 608; after judg-

154. Plaintiff occupied a suite under a monthly
ment for plaintiff a transcript was filed in the Com-lease from her landlord, directly below a suite with
mon Pleas and a statement was served to which a kitchenette, occupied by another party, and brought
plea of not guilty was entered; a rule was entered suit against defendant to recover damages done by
to amend the plaintiff's statement to claim damages water trickling down from said suite above her, into
to the amount of $2,500.00 instead of $300.00 her clothes' closet. The ground of recovery, as set
HIELD, the rule must be discharged.-Reinbold v
forth in the statement, being the alleged negligence
Myers, 70.
of the defendant landlord, the trial judge, holding
150. The Act of March 22, 1814, 6 Sm. 182, that the relation of landlord and tenant having ex-
conferred jurisdiction on Justices of the Peace in isted, entered a compulsory non-suit, which it sub-
actions of trespass brought for the recovery of dam-sequently refused to remove.-
e.-Yost v. Hamilton
ages for injury done or committed on real or per- Apartment Co., 125.
sonal estate in all cases where the value of the prop-
erty claimed or the damages alleged to have been
sustained shall not exceed one hundred dollars and

155. As regards the liability of landlords to
third persons, the tenant and not the landlord is lia-
ble to third persons for accidents and injury occa-
the Act of 1879, P. L. 194, increased such juris- sioned to them by the premises being in dangerous

diction to three hundred dollars.--Ib.

151. The Act of July 2, 1901, P. L. 608 pro-
vides that in cases where the title to land comes
in question the Justice shall not dismiss the suit but
transmit a copy of the record to the Prothonotary of
the county who shall enter the same on his docket
and the suit shall proceed as if originally brought in

the Common Pleas; this act does not increase the

amount of the jurisdiction of the Justices and the
amount cannot be enlarged after the case is in the
Common Pleas and the statement cannot be amend-
ed so as to show an action for a larger amount than
that before the Justice.-1b.

PRACTICE.

152. After hearing the evidence, the Justice of
he Peace, according to defendant's witnesses, said
he would inform the parties when he rendered his
judgment; the plaintiff's witnesses testified that the
Justice said he would render his opinion on a fixed
day. Judgment was duly given on that day, the
defendant being absent. The defendant presented
his petition sir months later, asking for a rule to file
an appeal nunc pro tunc; but the Court below, Ross.
J., refused the appeal. HELD, that the judgment
must be affirmed.-Troupe's Appeal, 53.

condition. Ib.

156. A lessee cannot recover damages from the
essor in an action of trespass for unlawfully enter-
ng upon the demised premises and depriving him
of the use thereof for a certain period during which
the building was being lowered to comply with a
new grade established by a city ordinance when the
work was under the control of an independent con-
tractor.-Hern v. Maeder, 61.

157. A lessor is not liable in damages for incon-
veniences to his tenants where the inconvenienc?
was caused by the work of a contractor, who em-
ployed his own methods and men in lowering a
building to comply with a new grade of a city
street, when the lessor had no control over the work,
and there is no evidence that the lessor knew or
might have known, from reasonable inquiry, that his
contractor, in doing the work committed to him,
would infringe on any of the rights of his tenants.-
Ib.

158. A municipality is not liable in damages tɔ a
lessee in a building lowered to comply with a grade,
where the inconvenience and damage complained of
was not the change of grade, but the lowering of
the building to comply with the grade.-1b.

159. In an action in assumpsit by two heirs of
an estate against one who had occupied part of a
building for several years under a lease with all
the heirs for an adjoining building, it is no de-
fense to claim that he received no notice and knew

153. In a suit before a Justice of the Peace, be-
fore any testimony was heard, defendant filed an
affidavit setting forth that the title to lands may and
will come into question." Notwithstanding, the Jus-
tice proceeded with the case, defendant offered no
evidence, and judgment was entered for the plain-ething of a partition proceeding whereby the real
tiff. On certiorari, HELD, that the proceedings must
be set aside.-Lerew's Executors v. Bentzel, 67.

LACHES, 121-122, 176.

IN TAKING APPEAL, 8.

estate of an estate had been apportioned and the
plaintiffs had been awarded the property for which
a claim was made since the partition, and a verdict
for plaintiff will not be disturbed.-Sutmeyer et al.
v. Thornton, 82.

160. The owner of real estate is not estopped of May 9, 1913, P. L. 192. The defendant mov-

from recovering compensation for use and occupa-
tion because he has not notified the one who is oc-
cupying it to pay his rent.-Ib.

LEASE OF CHATTELS, 287-288, 289-290.

LEGACY, 310, 316.

LEGAL REPRESENTATIVES, 327.

LEVY, 23.

LIABILITY,

JOINT, 128.

OF CITY ON IMPROVEMENT BONDS, 180.

LINCENSE.

DETECTIVE, 85.

JUNK DEALERS, IN BORO., 33.

TO BREED FERRETS, 117.

LIEN.

FOR CURBING AND PAVING, 35.
MECHANICS, 172.

RESTRICTION OF, 270.

ON GOODS FOR WORK, 272.

161. In the absence of a special agreement, a
tradesman has a lien for work done on goods de-
posited with him for manufacture.-Gorli & Co.. v.
Perfect Silk Throwing Co., 9.

162. Where there is a contract to manufacture
several articles at an agreed price, the tradesman
has a lien upon any one or more of the articles in
his possession for labor bestowed upon other arti-
cles embraced in the contract.-Ib.

163. Where under a contract for finishing goods
for manufacture by lots, it is disputed as to whether
or not several separate shipments comprise a single
lot, the question is for the jury.-Ib.
LIFE ESTATE, 314, 326.
LIFE INSURANCE, 125-127, 135.
LIQUIDATION OF INSURANCE
PANY, 1.

MAINTENANCE, OF WIFE, 130, 132.
OF CHILD, 132, 215-221.

MANDAMUS.

FOR APPPEAL, 7.

PARTY INTERESTED.

ed to quash the writ, because plaintiff was not a
partly beneficially interested in the enforcement of
the law. HELD, that the writ must be quashed.-
Messiah Orphanage v, Monaghan Twp. School
District., 141.

165. Plaintiff is not pecuniarily interested in the
enforcement of the School Board's alleged public
duty, as the cost of such tuition would be payable
by the several school districts in which the
respec-
ive children have their legal residences.-lb.

166. Nor has it such a beneficiary interest, or is
it such legal representative of the personal interests
of these children, as will entitle it to sue out a writ
of mandamus in its own name.- -lb.

167. The Act of May 9, 1913, P. L. 192, pro-
vides that when an alternative writ of mandamus is
sued out "to procure the enforcement of a public
duty," the proceedings shall be prosecuted in the
name of the Commonwealth on the relation of the
Attorney General or of the District Attorney of the
proper county, as the case may require.—Ib.

MANUFACTURER'S

LIEN ON GOODS

FOR WORK, 161-162.
MARKINGS OF OWNER, 136-139.
MARRIED WOMEN.

168. Plaintiff sued to recover damages for the
sale of her property, under an execution against her
husband. At the trial the evidence showing the
purchase of the property by the plaintiff, due no-
tice of such ownership given to the defendant and
ample opportunity for defendant to ascertain the
truth of such claim before the day of sale, the jury
found for the plaintiff the amount for which the
mules were sold at the sale, interest and fifty dollars
damages. On a motion for new trial, on the ground
that there was no evidence to support the verdict
for punitive damages, HELD, that the motion must
be refused.--Tyson v. Tyson, 193.

169. There was admitted in evidence the note
COM- given by plaintiff at the time she bought the mules,
receipt for the payment of the same and statements
of the party from whom she bought the mules.
HELD, not to be grounds for a new trial.-Ib.

164. Plaintiff, a duly incorporated orphanage,
sued out, in its cwn name, a writ of mandamus to
compel defendant school district to furnish school-
ing to certain of its minor inmates, under the Act

170. These papers and statements were not of-
fered as complete and conclusive evidence of own-
ership, but as corroborative of plaintiff's direct tes-
tmony on the subject.-Ib.

171. In order to decide with accuracy upon the
character of any phenomenon or transaction we must
know all the facts of which it consists, and all the
circumstances that are truly connected with, and
influence it. Ib.

MECHANIC'S LIEN.

determine that question before a large expenditure
of money had been made on the faith of the ordi-
nance providing for the improvement.-lb.

177. The location of the population, the use
made of the streets, and many other considerations
enter into the question of how the payment of the

172. Section 10 of the Act of June 4, 1901, P.
L. 432, requires that the claimant in a mechanic's
lien issue a scire facias against the owner within
two years of the filing of the lien unless the owner
in writing filed before the expiration of such time,
waives the necessity for so doing for a further peri-improvement shall be made. This must be deter-
od not exceeding three years; if the plaintiff fails
to comply with this Act the lien may be stricken off.
--Eroh v. Payer, 140.

MILITARY SERVICE.

PROCESS AGAINST, PERSON IN, 18.

MINERS, 336-337.

MINORS.

EMPLOYMENT OF, 333-335.

ESTATES OF, 173, 209.

GUARDIAN

mined by the local government and courts should
not interfere unless a palpable injustice warranted it.
—Ib.

178. The Act of June 27, 1913, P. L. 582, is
not unconstituional, as a whole, on the ground that it
violates the provision against a bill containing more
than one subject.-lb.

179. The Act of June 4, 1901, P. L. 364, as
amended by the Act of March 19, 1903, P. L. 42,
requires, where the contractor performing the work
is to be paid by assessment bills, the lien is to be
iled to his use, and one month's notice must be given
to the owner of the property to be affected. Im-
173. The Fiduciaries Act of June 7, 1917, P. L.
447, vests the Orphans' Court with a new discretion that "the bonds shall rest alone upon and be pay-
provement bonds were issued, containing a clause
in minor's estates, so that where the legacy of fourable out of said assessment, ard from no other
minor children amounted to $50 each, the court fund." The lien was filed by the city, and no no-
direct that these legacies be paid direct to the moth-tice of filing given. For this reason the court below
er without the appointment of a guardian.-Dailey's
Estate, 132.

MUNICIPAL CLAIMS, TAXATION FOR
302.

MUNICIPAL INTENTION, 184-186.

MUNICIPAL LIENS.

174. Plaintiff city (appellee) paved the street in
front of appellant's property, and assessed the cost
thereof by the foot front rule. Other streets, prior
to this, having been paved at the sole cost of the
city, defendant contended that plaintiff was estopped
from atttempting to collect the cost by assessments
on the adjoining property owners; but the court be-
low, Ross, J., entered judgment for the plaintiff.
HEID, that the judgment must be affirmed.-Eyster's
Appeal, 45.

was asked to find as a fact that the lien was void
and enter judgment for the defendant, but refused.
HELD, not to be error.-lb.

180. As between the bondholder and the city,
the city's liability would not end if its officers were
negligent or careless in their collection, and its re-
ponsibility would not cease if there should be a
diminution in the amount of those collections, occa-
sioned through the voluntary act of the city.—Ib.

181. The ordinances authorizing paving need not
contain the clause relative to reductions in assessment
for irregularly shaped lots. If such reductions are
not made the affidavit of defense should set forth
that the amount of the lien is unjust by reason of
such failure. -Ib.

182. Appellee (plaintiff below) on the trial of a
sci. fa. sur municipal lien offered the lien in evi-
dence and then rested. Appellant (defendant be-
175. There is nothing in the Act of June 27, low) proved that years before plaintiff had ma-
1913, P. L. 582, which by any reasonable construc-cadamized said street from curb to curb at its own
tion changes the exiting law, that the city might use
ether plan of payment. When the municipality
led one system of pay .ent for certain streets it was
not prohibiting from adopting another system for dif-
ferent streets.-lb.

176. If a gross abuse of discretion is perpetrated
in determining what streets or parts of streets should
be paved wholly at the city's expense, and what
streets should be paved at the expense of the abut-
ting owner, the complaining parties should move to

cost, and had kept the street in repair ever since.
The court below, Ross, J., gave binding instructions
for the plaintiff. HELD, that the judgment must be
affirmed.-Holtzapple's Appeal, 49.

ac-

183. Defendant offered to prove by the testi-
mony of the street commissioner that he was
quainted with the methods employed by plaintiff city
in changing an ordinary dirt street to a permanent
street, which offer was rejected by the court. HELD,
not to be error.-Ib.

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