PRISONERS, VICTUALING AND TREAT- were entitled to dividends awarded other depositors
PROMISSORY NOTE.
ENDORSER OF, 2.
and exceptions to an auditor's report refusing such dividends sustained.-Ib.
268. The mutual rights of debtors and creditors of an insolvent corporation become fixed as of the day when receivers were appointed.--Ib.
269. The receivers of an insolvent company were entitled to receive a bank deposit as of the time of their appointment and this deposit cannot be set-off against a note not then due. They were bourd to
263. Where an executrix accepts a promissory note made to her individually by a debtor of the es- tate, she may sue upon the note either individually pay the note when it becomes due, or such dividend as the assets of the company would afford. The ap- change these rights.—Ib. pointment of a receiver for the bank would not
or as executrix.-Beam v. Richard et al., 147.
264. Where the subject of a suit is a promissory note given by defendant to an executrix in payment of a debt due the decedent, the testimony of the RECORD. executrix is competent to show the consideration by stating what was said to her by the defendant at the time the note was given. The Act of 1887 does not apply, as the giving of the note was a transaction between the witness and the defendants, and not be tween the decedent and the defendants.-lb.
265. In such a case the testimony of the defend- ant that she was not indebted to the estate of the decedent is incompetent, since such testimony would relate to transactions between the witness and the decedent, and fall within the provisions of the Act of 1887.-lb.
PROXIMATE CAUSE, 204-207.
PUBLIC CARRIER,, DUTY, 195.
270. The question whether a bond accompany- ing a mortgage, after being filed in the prothonotary's office and before entry of the usual notation on the continuance dock, had been altered by the addition of certain words restricting the lien of the judgment to the specific lands bound by the accompanying mortgage, is one of fact for a jury, and cannot be determined by the court on motion to correct the record.-Weiland v. Weiland, 18.
REGISTER OF WILLS.
271. The register of wills has jurisdiction in all matters relating to letters which have been issued im- providently; error in the name of the decedent may be corrected by him.-Smith's Estate, 151.
REMAINDERMAN, 313.
PUBLIC SERVICE, CHARGE FOR, 305-307. REMEDY, INADEQUATE, 102-104, 114.
REPRESENTATION, TO TAKE BY, 318.
266. The receivers of a bank have no rights greater than or different from those of the bank REPRESENTATIVES, 326-328. itself at the moment of the creation of the receiver- ship, and those were the rights, fixed by law, at the time the depositor became insolvent, so that a deposit in a bank could not be set-off against a note held by the bank, said note not being then due. -Com. ex rel. v. Pittsburg Bank for Savings, 114.
273. Neither a rule to bring ejectment under 267. It was immaterial whether the bank went Act April 16, 1903, P. L. 212, nor a petition for into the hands of a receiver before suit entered an issue under Act June 10, 1893, P. L. 415, is an against the bank. The receivers of the depositor appropriate remedy to settle title of land, where
the petitioner's right, if any, arises from a parol 282. The petition having set forth that the road promise by the holder of the legal title, tending to is a public road, it is no ground for an exception in establish a resulting t.ust in her favor. The peti- that it is not stated how it became such.-Ib.
283. The sworn facts in the viewers' report, without legal refutation, must be assumed to be true.
284. If it is not such a road as is properly with- in the jurisdiction of this court, it is incumbent on the objector to show that fact.--Ib.
285. The petition for the opening of a new road not only gave the termini, but marked out the route over which the proposed road was to be constructed, and the names of the owners of the land through which it was to pass. HELD, that the report must be set aside.-Road in East Mancehster Township, 168. 286. The petition for the view lies at the founda- tion of all the subsequent proceedings, and can do no more than state the beginning and ending..-lb.
275. Petitioners asked for an attachment against the township supervisors for failure to open a public road according to the width set forth in the view- ers' report and fixed by the court. HELD, that an 287. Judgment was entered for defendant where attachment will not lic.-Road in East Manchester it appeared in replevin that defendant purchased Township, No. 2, 182.
an automobile from one who had failed to make 276. Neither the general road laws nor the York all the payments or comply with the conditions of County Act of February 17, 1860, P. L. 61, with an agreement, of which defendant had no knowl- its supplements, give any express statutory author-edge, when the agreement upon which the original ity for the issuing of an attachment to enforce obe-sale had been made in another state, was a condi- dience to the order of the court, in road cases.- tional sale and not a lease.-Jones & Whitaker v. Kunkle, 137.
ses.-Ib. 277. The supervisors, as such, are required to open a road as soon as practicable after the order of the court, and they have no discretion in the matter. --Ib.
273. A delay of about fifteen months makes a clear case for the exercise of the court's authority for the enforcement of the order.-lb.
288. In an instrument, providing for the sale of an automobile and the payment of installments for the unpaid balance of the purchase money, the words "lessor" or "lessee" were not used, but the
parties were designated as “seller" and "buyer" and the word "rent" as used was equivalent to "liquidat- ed" damages, and it was not clear that a bailment 279. An indictment of the supervisors for fail- was intended, the court on a rule for want of suffi- ure to perform their duty is the proper remedy.--Ib. cient affidavit of defense in replevin determined that 200. On petition viewers were appointed to va- it was a conditional sale and not a bailment, dis- cate a public road, and reported that "the part of charged the rule and entered judgment for defendant. the road proposed to be vacated has become useless, |--lb. inconvenient and burdensome," and "there is no occasion for a public road between the termini set forth in the petition and order of court." Excep- tions were filed to the report on the ground of the indefiniteness and insufficiency of the petition and report. HELD, that the exceptions must be dis- missed.-Road in Carroll Township, 200.
289. An agreement to lease and demise a cer- tain oven for a term of eight months, with covenant for surrender of the property at the end of the term, coupled with an cption to buy at that time for a stated sum if the rent should then have been paid, the amount received as rent in that case to be ap- plied as purchase money, is a contract, of bailment. and cannot be made to operate as a sale at the time of its date, in the absence of anything to either im-
281. As the report set forth the holding of a public meeting at which all parties, with their coun- sel, were present, and was accompanied by the tes-peach or vary its terms.-Johnson Co. v. Pryor et
290. Where the property so leased was taken in execution and sold by the sheriff within eight
months' term on a judgment against the lessee at the suit of a creditor, the sheriff's vendee acquired no title.-Ib.
291. The necessity for the erection of a school building and its size and style are matters within the sound discretion of the directors, with the exercise of which the court will not interfere by injunction except in cases of a clear abuse of such discretion.- Schweitzer et al. v. Reichert et al., 76.
292. Under the Act of May, 1911, commonly called the School code, the directors have a discre- tion to award a contract to a person not the lowest bidder, if in their judgment the person to whom the contract was awarded was the best bidder; this discretion is reviewable only when the directors act arbitrarily, capriciously or fraudulently.-Ib.
295. Whether all the papers are treated as one petition, or regarded separately, is entirely imma- terial, because any one of them duly sworn to, would be sufficient to sustain this proceeding, so far as the provisions of the Act of August 9, 1915, P. L. 72, are concerned.-Ib.
296. Allegations in the petition of ill treatment of certain prisoners, without giving names of parties or nature of injuries, and not signed or sworn to by any of the sufferers, are not sufficient grounds upon which to base an unusual proceeding.--Ib.
297. The court has no jurisdiction to inquire into or change the fees or emoluments of the sheriff fixed by Act of Assembly.-Ib.
298. But the charges made against the sheriff in connection with victualling the prisoners are such as can be heard and determined by no one else except the court, because the amount of the sheriff's allowance is fixed by the court itself.-Ib.
DISTRIBUTION OF PROCEEDS, 87.
OF GOODS NOT OF DEFENDANT, 168, 290. SIDEWALK, 35.
293. A board of school directors agreed to pay to a teacher as his salary "$50 to $55. (1, $50, 1, $55) per mark per month." The County Superin- tendent in his report gave the teacher a No. 1 mark but the directors reduced his mark to 1-and refused to pay him more than $50 a month. On suit for $5 SPECIFIC PERFORMANCE, 69-69b. a month more, HELD, that the directors had au- thority to make such a contract but the mark desig- nated in the contract was the mark of the Superin- tendent and the plaintiff was entitled to a verdict.-- Miller v. Pequea Township School District, 33.
STATEMENTS, UNAUTHORIZED, 88. STATUTE, PLEADING OF, 249.
STOCKHOLDERS, 90.
STOCK SUBSCRIPTION, 60-60a.
STREET PAVING, PAYMENT OF COST OF, 174.
SUBSCRIPTION FOR STOCK, 60-60a.
SUMMARY CONVICTION.
299. On an appeal from a summary conviction for violation of the Act of April 2, 1794, 3, Sm. Laws 177, where the record shows no fatal defect of procedure, and the sale of cigars on Sunday clearly proven, the judgment of the Alderman must be affirmed.--Com. v. Degen, 132.
ENDORSEMENT OF NOTE ON, 2-3. VIOLATION OF LAWS RELATING TO, 299. SUPERVISION OF ROADS, 275-279. SURETY.
OF TAX COLLECTOR, 303-304.
300. A widow's $500 exemption claimed under UNFAIR COMPETITION, 133-139. Section 12, of the Fiduciaries Act of June 7, 1917, P. L. 471, is not subject to inheritance tax under the Act of July 11, 1917, P. L. 832.—Hildebrand's VERDICT, JUDGMENT ON, 22. Estate, 184.
VACANCY, IMPROPERLY FILLED, 304.
301. Such exemption does not pass "either by will or under the interstate law." It is a wife's in- choate property right in her husband's estate which becomes complete when she "retains" it.-Ib.
302. A playground, connected with a parochial school which dispenses education to the public free- ly and without discrimination, is an institution of purely public charity, within the Acts of 4 June, 1901, P. L. 364, and 19 March, 1903, P. L. 42, and is not subject to tax or municipal claims. Chester City v. Prendergast, 5.
WAIVER, 134, 172.
WARD, GUARDIAN AND, 125-126. WATER COMPANIES,
305. A charge of four cents per cubic yard of concrete used in the mixing of concrete for the pur- pose of street paving is an adequate price, the tes- timony disclosing that from thirty-five to forty-five gallons of water was sufficient to mix one cubic yard of concrete.-City of York et al. v. York Water Co., 54.
306. Where but two, out of the more than 11,000 consumers, request the installation of meters, and where it appears that the charge is based upon the number of the water connections or outlets, for which the consumers are entitled to an unlimited supply, and where it appears that such charge is legal and
303. An appeal from the report of school audi- tors will not be sustained upon the ground that the Court appointed another collector and gave him the duplicates; such appointment will not relieve the sureties on the former collector's bond.-Sitler's Ap-not excessive and in accordance with the charter peal, 179.
304. When the court appoints one to fill an al- leged vacancy in the office of tax collector and lacks such power the appointment so made will not oust the elected collector nor release the sureties on his bond. Com. ev rel. v. Sitler, 188.
TESTIMONY
CREDIBILITY OF ORAL, 36. PARTY BOUND BY OWN, 199.
TIME, REASONABLE, 53.
OF ACT OF ASSSEMBLY, 117. TO LAND, 149-151, 153.
REMEDY TO SETTLE, 273.
TOWN COUNCIL, MEMBER OF, 28-30.
powers of the company, the commission will make no order compelling the water company to install meters in all the homes, thereby entailing a needless expense upon the company, a necessary increase in rates and possible unjust discrimination.-lb.
307. Where no evidence of any kind or charac- ter was ever presented in relation to the value of the company's plant, the cost of management, the nature of its resources, the rate of return upon its invest- ment, or any proof that any dividend declared upon its stock was unfair or excessive, and where there is nothing in the case which would warrant any in- terference with the rates filed by the company, the complaint as to their unjustness will be dismissed.— Ib.
WIDOWS' EXEMPTION, 71-72, 300-301.
308. Testator devised a tract of land of F for life and to "his children in equal shares, with this provision that they pay unto the other devisees nam- ed in this my last will, one-third of the valuation of said tract of land. In case the said Michael Fet-
TRADESMAN, LIEN FOR WORK, 161-162. row shall have no children at his death then the
said tract of land shall be sold and the proceeds under the following clause of the latter's will: "I thereof divided among the surviving devisees, named give and bequeath to my step-brother, James S. in this will in equal shares." Part of this tract was Stepp, the sum of $400. The above sum to be paid taken by a railroad company in condemnation pro- to him within one year after my decease, and should ceedings, and after the death of the life tenant the he die without heirs the above sum shall fall back fund came into court for distribution. The auditor to the children of my son, John H. Stepp." De- distributed one-third of it among the next of kin, cedent died without children, and the heirs of John legatees and personal representatives of "the other H. Stepp claimed the amount of the legacy out of devisees" named in the will, which report was con- his estate. HELD, that the words "die without heirs" firmed by the court below, Wanner, P. J. HELD, must be construed to mean death without heirs during that the decree must be confirmed.-Fetrow's Estate. the lifetime of the testator, and that decedent took No. 3, 51. the legacy unconditionally.-Stepp's Estate, 80.
309. The clause "with this provision that they pay unto the other devisees named" in the will, was a condition imposed upon the passing of the fee and chargeable upon the land.-Ib.
317. HELD, also, that the words "to be paid within one year after my decease," referred merely to the time of payment in case decedent should sur- vive the testator, and that decedent took the legacy
310. If it appear from the language of the will unconditionally.—Ib. that the testator intended to couple the payment of 318. Testator bequeathed the residue of his es- the legacy by the devisee with the devise of the land, tate "to my brothers and sisters, or their heirs, in so that payment is to be made because or as a con-equal shares, the child or children of any deceased dition on which the devise has, been made, then the brother or sister to take by representation of his, her, real estate is in equity chargeable with the payment or their parents." The auditor distributed the fund of the legacy.-lb. of the surviving brother and sisters and to the chil- 311. If the devise of the land, upon which the dren of a deceaced brother and sister. HELD, that legacy is charged, becomes vested either in posses-exceptions filed to his report must be dismissed.— sion or in interest immediately upon the death of the Martin's Estate, 106. testator, and by the terms of the will is given sub- ject to the payment of the legacy, the legacy must be considered likewise vested; and if the legatee should die before it becomes payable it will pass to his or her representatives; because in such a case it is plain, from the terms of the will, that the legatee was as much the object of the testator's bounty as the devisee, and that the testator intended that the latter should take the land cum onere.-Ib.
312. The value of the charge on one-third of the land devised was to be determined at the time when it was to be paid.--Ib.
319. The contention that the testator meant to give his estate only to the child or children of such brother or those sisters who were living at the time he executed his will cannot be sustained.—Ib.
320. A study of the whole will and the language used by the testator impels the conclusion that the
testator did not intend to exclude the children of any of his deceased brothers or sisters from the share which their deceased parent would have been en- titled to had they survived him.-Ib.
321. Testatrix bequeathed by one clause in her will specific portions of sums deposited in three banks which she named, to a sister and a nephew, and in the same clause willed, "and the remainder in the banks to my brother." She had funds deposited
313. The devisees, although receiving the fee, could not enjoy the use of it until the death of the life tenant and then when they entered into the en- joyment of the estate, the means of paying the leg-in two other banks. HELD, that the brother took acy became theirs.-Ib.
only the balance in the three banks specificially 314. Where a decedent left by his will all of his named in that clause.-King's Estate, 108. property to his widow for life with power to use 322. F. devised the "remainder of the share or the principal, or sell or encumber the real estate if each child" to his executors "in trust of * * the necessary for her maintenance, a promissory note income as it accrues to be paid to each child *** given by her for money borrowed will not be paid and at the death of either child the principal shall out of his estate after her death.-Hahn Estate, 131. go to his or their then surviving children." One of 315. The legal sufficiency of a writing alleged to the legatees becoming bankrupt, the trustees sold her be a will constitutes a question of fact which is suffi- interest and the auditor distrubuting the accumulated cient to award an issue to be determined by jury.-income in the hands of the trustee, awarded the same Egan's Estate, 206.
316. Decedent, prior to his death, received pay- ment of a legacy, from the estate of his step-brother
to the purchaser. Exceptions being filed to such award, HELD, that the exceptions must be dismissed. Frey's Estate. No. 2, 103.
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