Графични страници
PDF файл


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

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.
ir occurred and that when he returned his only act
was to take or pull his wife away from the scene. INDIGNITIES TO PERSON, 99, 101.
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 INHERITANCE TAX, 300-301.
could have been properly rendered against anyone."
- Elhins v. Rosenberger, 142.

INJUNCTION, 113, 136-139, 291.


FIRE, 118.


INSURANCE, 125-127.
12). 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 benehciary 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, I belong to any of the classes designated as possible
paying taxes and insurance. Heild, 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
ehcial ownership is in the son, ar.d 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.lence 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-
et al., 35.

breme Lodge Knights and Ladies of Honor, 31.
In an action in equity where it is shown

134. There is no rule or law that prevents a ben-
that such benehcial owner had wilfully deserted his ficial insurance asscciation from waiving any of the
wife and child without reasonable cause, removed provisions of its constitution or by-law's, if it sees fit
to another state, and thereafter wholly neglected to so to do.--1b.
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- 135. In an action on a policy of life insurance,
ed and sold to recover the amount so awarded, and where the defendant sets up alleged false answers
both mother and son be enjoined from disposing of

as to the excessive use of spiritous liquors, and as
or encumbering the same pending the sale.- 1b. to prior diseases, and as to the attendance of a phy-

sician, and all these facts are contradicted by wit-
131. As to what standing, if any,

the mother

nesses who knew the decedent, and were in a posi-
may have to reclaim an unpaid balance of the loan

tion to know the facts as to his use of liquors, and
out of the property, in absence of any agreement

as to his health, the case must be submitted to
relating thereto, is a question to be determined on

jury.-Bednar's Admr. . Prudential Insurance Co.,
the distribution.-16.

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

OF, 1.
daughter had attained the age of fifteen years



INJUNCTION, 102, 113.
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

the markings used by a rival brewer for many years

man, 150.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]







[merged small][merged small][merged small][ocr errors][ocr errors]

before the imitator came into the field, will be en- are proper for the consideration of a jury.-Berger
joined.--Pennsylvania Central Brewing Co. v. An- v. McCluan. 119.
thracite Beer Co., 14.

144. A copy of a letter was incompetent as evi-
137. As relating to the necessary daily recovery dence where it did not appear that the letter was
of empty beer kegs for refilling, peculiar to the mailed or how it was brought to the attention of
brewery business, the defendant's act must be re- plaintiff, and no demand was first made to have
garded as mischievous, and tending to cause confu- the original produced. Where such an exhibit was
sion of property, and to increase both the hazard of a part of a deposition taken on a rule to open a
mistake in collection and the expense of handling in judgment, the court refused to consider it.- 1b.
that branch of the service, and on that ground the
complaintant is entitled to relief in equity.- 1b.

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.- :he court to direct the prothonotary to mark judg.

ment satisfied, applies only to a clear case of a paid
139. There is no rational ground of distinction, judgment. If there is any dispute as to the fact of
in respect to the need of reliet, between an injury payment the defendant must to have the
which operates to impose additional cost of service judgment opened and the disputed facts decided by
on another, and one which directly tends to take a jury.-Hofi man v. Marker, 92.
away his trade.-1b.

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.- 1b.


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.
JUDGMENT, 22, 270.

The sale was duly confirmed and deed executed and

delivered; but respondent, having entered into pos-

session before the public sale, refused to vacate,
OPENING, 121-122, 238-239.

whereupon, a petition was fled under the Act of
140. Where the defendant can neither read nor April 20, 1905, P. L. 239, and citation was granted.
write and signed a judgment exemption note upon HELD, that judgment must be entered against the
the representation that it was to secure a smaller respondent.-Cellel's Petition, 151.
sum than the face of the note the court will permit 148. The facts plainly disclose that the petition-
him to show such imposition.--Moskovitz v. Kal- er is the owner of the real estate in question, having
such, 128.

his title through an order and decree of the Orphans
141. A person cannot represent both parties to a Court

, and from all the facts, he has a present right
transaction without the knowledge of such fact by of the possession thereof.1b.
both parties and if such agent deceives either of

the parties he cannot recover commissions from

142. The defendant in a judgment entered by APPPEARANCE TO CHALLENGE, 12.
confession in his promissory note has no standing to

OF JUSTICE OF THE PEACE, 149-151, 153.
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- JURY, QUESTION FOR, 163.
tary confession.—Mahon v. Mahon, 11.
143. A judgment entered on


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

[ocr errors]


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. Ilease 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.CO instead of $300.00 her clothes' closet. The ground of recovery, as set
HELD, the rule must be discharged.Reinbold v

forth in the statement, being the alleged negligence
Mivers, 70.

of the defendart landlord, the trial judge, holding
150. The Art 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 - 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-

155. As regards the liability of landlords to
erty claimed or the damages alleged to have been

third persons, the tenant and not the landlord is lia-
sustained shall not exceed one hundred dollars and
the Act of 1879, P. L. 194, increased such juris- sioned to them by the premises being in dangerous

ble to third persons for accidents and injury occa-
diction to three hundred dollars.--1b.

condition.- 1b.
151. The Act of July 2, 1901, P. L. 608 pro-

vides that in cases where the title to land comes

A lessee cannot recover damages from the
in question the Justice shall not dismiss the suit but

essor in an action of trespass for unlawfully enter-
transmit a copy of the record to the Prothonotary of

ng upon the demised premises and depriving him
the county who shall enter the same on his dockel of the use thereof for a certain period during which
and the suit shall proceed as if originally brought in the building was being lowered to comply with a
the Common Pleas; this act does not increase the

new grade established by a city ordinance when the
amount of the jurisdiction of the Justices and the work was under the control of an independent con-
amount cannot be enlarged after the case is in the

tractor.--Hern v. Macder, 61.
Common Pleas and the statement cannot be amend.

157. A lessor is not liable in damages for incon-
ed so as to show an action for a larger amount than veniences to his tenants where the inconvenierce
that before the Justice.-16.

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
After hearing the evidence, the Justice of street, when the lessor had no control over the work,
he Peace, according to defendant's witnesses, said and there is no evidence that the lessor knew or
he would inform the parties when he rendered his might have known, from reasonable inquiry, that his
judgment; the plaintiff's witnesses testified that the contractor, in doing the work committed to him,
Justice said he would render his opinion on a fixed would infringe on any of the rights of his tenants.-
day. Judgment was duly given on that day, the 16.
defendant being absent. The defendant presented 158. A municipality is not liable in damages to a
his petition sir months later, asking for a rule to file lessee in a building lowered to comply with a grade,
an appeal nunc pro tunc; but the Court below, Ross, where the inconvenience and damage complained of
J., refused the appeal. Held, that the judgment was not the change of grade, but the lowering of
must be afhrmed. - Troupe's Appeal, 53.

the building to comply with the grade.--Ib.
153. In a suit before a Justice of the Peace, be- 159. In an action in assumpsit by two heirs of
fore any testimony was heard, defendant filed an an estate against one who had occupied part of a
affidavit setting forth that the title to lands may and building for several years under a lease with all
will come into question." Notwithstanding, the Jus- the heirs for an adjoining building, it is no de-
tice proceeded with the case, defendant offered no tense to claim that he received no notice and knew
evidence, and jud ment was entered for the plain-acthing of a partition proceeding whereby the real
tiff. On certiorari, Huld, that the proceedings must estate of an estate had been apportioned and the
be set aside. Lerem's Executors v. Bentzel, 67. plaintiffs had been awarded the property for which

a claim was made since the partition, and a verdict
LACHES, 121-122, 176.

for plaintiff will not be disturbed.-Sulmeyer et al.

v. Thornlon, 82.



[merged small][ocr errors][ocr errors][ocr errors]

JOINT, 128.

[merged small][ocr errors]

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- ed to quash the writ, because plaintiff was not a
tion because he has not notified the one who is oc- partly beneficially interested in the enforcement of
cupying it to pay his rent.- 1b.

the law. Held, that the writ must be quashed.-

Messiah Orphanage v, Monaghan Twp. School
LEASE OF CHATTELS, 287-288, 289-290.

District., 141.
LEGACY, 310, 316.

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
LEVY, 23.

by the several school districts in which the respec-

ive children have their legal resider.ces.--Ib.

166. Nor has it such a beneficiary intere:t, 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.- 1b.

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 relat on of the

Attorney General or of the District Attorney of the

proper county, as the case may require.- 1b.


FOR WORK, 161-162.
161. In the absence of a special agreement, a MARKINGS OF OWNER, 136-139.
tradesman has a lien for work done on goods de-
posited with him for manufacture.-Corli & Co. v.

Perfect Silk Throwing Co., 9.

168. Plaintiff sued to recover damages for the
162. Where there is a contract to manufacture sale of her property, under an execution against her
several articles at an agreed price, the tradesman husband. Al the tiial the evidence showing the
has a lien upon any one or more of the articles in purchase of the property by the plaintiff, due no-
his posseccion for labor bestowed upon other arti- tice of such ownership given to the defendant and
cles embraced in the contract.- 1b.

ample oppo: tunity for defendant to accertain the
163. Where under a contract for finishing goods truth of such claim before the day of sale, the jury
for manufacture by lots, it is disputed as to whether found for the plaintiff the amount for which the
or not several scparat? shipments comprise a single nules were sold at the sale, interest and fifty dollars
lot, the question is for the jury.- 1b.

damages. On a motion for new trial, on the ground

that there was no evidence to support the verdict
LIFE ESTATE, 314, 326.

for punitive damages, Held, that the motion must

be refused.--Tyson v. Tuson, 193.
LIFE INSURANCE, 125-127, 135.

169. There was admitted in evidence the note
LIQUIDATION OF INSURANCE COM- given by plaintiff at the time she bought the mules,
PANY, 1.

eceipt 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.
OF CHILD, 132, 215-221.

170. These papers and çtatements were not of-

fered as complete and conclusive evidence of own-

ership, but as corroborative of plaintiff's direct tes-

timony on the subject.- Ib.

171. In order to decide with accuracy upon the
164. Plaintiff, a duly incorporated orphanage, character of any phenomenon or transaction we must
sued out, in its cwn name, a writ of mandamus to kncw all the facts of which it consists, and all the
compel defendar! school district to furnish school circumstances that are truly connected

with. and
ing to certain of its minor inmates, under the Act influence it. ---Ib.

[ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors]





determine that question before a large expenditure
172. Section 10 of the Act of June 4, 1901, P. of money had been made on the faith of the ordi-
L. 432, requires that the claimant in a mechanic's

nance providing for the improvement.- 1b.
lien issue a scire facias against the owner within 177. The location of the population, the use
two years of the filing of the lien unless the owner made of the streets, and many other considerations
in writing filed before the expiration of such time, enter into the question of how the payment of the
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 mined by the local government and courts should
to comply with this Act the lien may be stricken off. not interfere unless a palpable injustice warranted it.
- Eroh v. Paver, 140.


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
MINERS, 336-337.

than one subject.--1b.

179. The Act of June 4, 1901, P. L. 364, as

amended by the Act of March 19, 1903, P. L. 42,

equires, where the contractor performing the work
ESTATES OF, 173, 209.

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 bords were issued, containing a clause
in minor's estates, so that where the legacy of four able out of said assessment, ard from no other
mizor 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

was asked to find as a fact that the lien was void
Estate, 132.

and enter judgment for the defendant, but refused.

Held, not to be error.- 1b.

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-
174. Plaintiff city (appellee) paved the street in sioned through the voluntary act of the city.- 1b.
front of appellant's property, and assessed the cost 181. The ordinances authorizing paving need not
thereof by the foot front rule. Other streets, prior contain the clause relative to reductions in assessment
to this, having been paved at the sole cost of the for irregularly shaped lots. If such reductions are
cly, defendant contended that plaintiff was estopped not made the affidavit of defense should set forth
from alempting to collect the cost by assessments that the amount of the lien is unjust by reason of
on the adjoining property owners; but the court be- such failure. --1b.
low, Ross, J., entered judgment for the plaintiff. 182. Appellee (plaintiff below) on the trial of a
Huid, that the judgment must be affirmed.-Eyster's sci. fa. sur municipal lien offered the lien in evi-
Appeal, 45.

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 cost

, and had kept the street in repair ever since.
cibier plan of it aint. When the municipality The court below. Ross, J., gave binding instructions
Hudcore system of pay .ent for certain streets it was for the plaintiff. Held, that the judgment must be
not prohibiting from adopting another system for dif- affirmed.--Holtz apple's Appeal, 49.
ferent streets.- 1b.

183. Defendant offered to prove by the testi-
176. If a gross abuse of discretion is perpetrated mony of the street commissioner that he was
in determining what streets or parts of streets should quainted with the methods employed by plaintiff city
be paved wholly at the cty's

expense, and what

in changing an ordinary dirt street to a permanent
streets should be paved at the expense of the abut-street, which offer was rejected by the court. Held,
ting owner, the complaining parties should move to I not to be error.-



[ocr errors]
« ПредишнаНапред »