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A defendant's appeal will not be stricken
off because a member of the bar became
surety on the appeal in violation of a rule of
court prohibiting such action.

It is an obligation of a member of the bar
to obey and respect rules of court relating to
attorney's conduct, but a client should not be
prejudiced by the conduct of the attorney.

A citizen should not be deprived of a boon
given by law, unless he has done something
to warrant a forfeiture of the privilege con-
ferred.

-SCHIESSER V. HARTMAN, 15

Statutes Construction-Taxation
Act of April 19, 1889.

-MEINIG V. MILLER ET AL., COUNTY COM-
MISSIONERS, 134

ASSUMPSIT.

Conversion of bailed goods-Assump
sit--Waiver of tort.

Though a defendant dealt in good faith
with an apparent owner and thus obtained
posession of chattels belonging to another,
it is a conversion if such defendant refuses
or is unable to return such chattels to the

Justice of the peace-Appeal-Strik-rightful owner on request and he renders
ing off appeal-Appeal nunc pro tunc.

-CHESTER ATUO RADIATOR COMPANY V. SAM
CARDILE, 24

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Plaintiff's statement

himself liable in damages to such rightful
owner, or the owner may waive the tort
and recover from him in an action for goods

made no promise to pay.

-DONOVAN CO. V. TROUP MUSIC HOUSE, 203

Practice, C. P.-Appeals from justice sold and delivered though the defendant
-Pleading
Striking off- Affidavit-Acts of April
14, 1921, P. L. 144, and May 14, 1915,
P. L. 483.

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Act of April 19, 1889.

ATTACHMENT.

Attachment Requirements must be
strictly complied with-Bond must be
approved by a judge-Cannot be substi
tuted.

The language of the acts of assembly au-

thorizing the issuing of writs of attachment
against fraudulent debtors is imperative, and
must receive a strict construction. A party,
acts, must strictly comply with all the re-

in order to be entitled to the benefits of these

quirements.

The bond, under the Act of 1887, must be
approved by a judge of the court of common
pleas, before the attachment can be issued,

filing the bond which, or the approval of it
by, the prothonotary, will not be sufficient.

-MEINIG V. MILLER ET AL., COUNTY COM- It is too late after the writ has been issued
MISSIONERS, 134

APPOINTMENTS.

or executed to ask for such approval; neither
can a new or sufficient bond be filed or ap-
proved as a substitute for a bond already

-MCMASTERS V. MAJEWSKI, 54

Appointments by the court to fill va- filed and found to be defective.
cancies Political affiliations of ap-
pointees.

-IN RE TAX COLLECTOR IN SPRINGETTSBURY
TOWNSHIP, 77

APPRAISEMENT.

Decedent's estate-Appraisement un-
der Section 2 (a), of Act of June 7,
1917, P. L. 431-432-Exception to ap-
praisement.

-LEATHERY'S ESTATE, 93

ASSESSMENT.

Practice-Foreign attachment-Affi-
davit of cause of action.

An affidavit of cause of action to support
a writ of foreign attachment must aver in-
ter alia that defendant was the owner of

property within the jurisdiction of the court,
and that he was not within the county at

the time of the issuance of the process of
foreign attachment.

-WARNER V. LEVINE, 180

Practice, J. P.-Attachment execution

Taration-County taxes-Assessment | —Judgment--Act of April 15, 1845.
—Appeal — Uniformity of assessments —SHAPRIS V. PASKAWITCH, 126

--

ATTORNEY AND CLIENT.

Transcript-Diminution of record-Act

Attorney and client-Purchase of real of June 14, 1923, P. L. 718.
estate by attorney in execution—Eject-
ment by client-Statute of limitations--
Acts of April 22, 1856, March 27, 1865,
and June 12, 1919.

-EXCELSIOR EXPRESS CO., V. CAULK, 88

If an attorney in an execution purchases
the real estate, he becomes trustee for his
client, and the client can maintain ejectment
against him and those claiming under him,
unless barred by the statute of limitations.

The statute of limitations begins to run
from the date the attorney parts with the
title.

Acts of April 22, 1856, P. L. 532 (as am-
ended March 27, 1865, P. L. 56), and June
12, 1919, P. L. 478, considered.
-BELL V. PARRELL ET AL., 148

ATTORNEYS.

Defendant's appeal-Striking off ap-
peal Attorney at law as surety-Rule
of court.

-SCHI SSER V. HARTMAN, 15

BAIL.

Cash bail-Act of May 12, 1921, P. L.
548-Cash deposited in support of bail
on recognizances-Liability of cash
for payment of costs imposed on defend-
ant-Failure of court to designate de-
pository for cash-Interest.

Where one, who was about to become bail
for several persons under indictment, with
approval of the court, deposited with the
clerk of the court a sum of money equal to
the amount of the several recognizances
upon which he became bail, because he was
not a resident of the country in which the
recognizances were entered and therefore,
without the deposit was not acceptable as
bail, he was entitled to have the money so
deposited, less the clerk's commission, repaid

to him, notwithstanding that one of the de-
fendants was convicted and sentenced to pay

costs and failed to comply with the sen-
tence.

In the case mentioned, the money was paid

Decedent's estate-Attorney's fees- not in lieu of surety but as additional sup-
Contract for.

-ESTATE OF JACOB F. SCHEAFFER, DEC'D, 84

AUDITOR.

Partition-Appointment of an auditor
-Confirmation of account.

-ESTATE OF JOHN L. GEIGER, 11

AUDITORS.

port of the person who became bail on the
recognizances; it was not the property of
the defendant sentenced to pay costs, and,
therefore, could not be held for the payment
of the costs.

Where no order was made by the court des-
ignating a depository in which the clerk
shall deposit the moneys deposited with him
and the clerk placed the same in a bank
other than a national bank or trust company
approved by the court, and said bank failed,

Auditors-Fee-Acts of June 4, 1879, the clerk was ordered to pay the amount he

and June 7, 1917.

had received, less his commissions, and with-
out interest.

The Act of June 4, 1879, P. L. 84, has been
repealed by the Act of June 7, 1917, P. L.-GILL'S PETITION, 137

447, and there is no longer a per diem basis
for allowance of auditor's fees.

Criminal law Embezzlement

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Auditors are entitled to fair and reasonable for appearance-Constitutional law.

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-COMMONWEALTH V. WILLIAMS, 92

Conversion of bailed goods-Assump-
sit-Waiver of tort.

-DONOVAN CO. V. TROUP MUSIC HOUSE, 203

BANKS.

Stolen goods- Banks-Bonds stolen
by assistant cashier-Notice of fraudu-
Int acquisition.

The burden of proof is upon the holder of
stolen bonds, in defending against the claim

of the owner thereof, to show that he ac-

quired them without knowledge, or notice, BOND.
either actual or constructive, of the fraud-
ulent acquisition of the same.

Where an assistant cashier of a bank re-

ceived bonds, negotiable by delivery, for sale,
and subsequently fraudulently pledged them
with his bank to secure his own debt, and the
bank failed, while the securities were thus
pledged, the bank was effected with a guilty
knowledge of its officer, and, therefore, was
not an innocent holder of the securities; and

the owner of the bonds was entitled to have
the same redelivered to him by the liquid-

ator of the bank.

-PETITION OF YORK LODGE OF MOOSE, 185

Equity Jurisdiction - Demurrer —
Bill to enforce personal liability of stock-
holders-Filing and recording of certifi
cate of taking possession of bank-Bank-
ing Act of 1923-Secretary of banking,
powers, &c.-Appointment of secretary
of banking questioned collaterally-Tak-
ing possession of bank without hearing,
&c.-Administrative Code of 1923 is
constitutional.

-CITY BANK, ETC., V. BENTZ, ET AL. 13

BENEFICIAL ASSOCIATIONS.

Beneficial association Benefits paya-
ble to executor or applicable to payment
of funeral expenses.

Where the by-laws of a beneficial as-
sociation provide that upon the death of

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Attachment Requirements must be
strictly complied with-Bond must be
approved by a judge-Cannot be substi-
tuted.

-MeMASTERS V. MAJEWSKI, 54

BOOK ACCOUNT.

Practice, C. P.-Plaintiff's statement
Goods sold and delivered-Book ac-
Count without dates or descriptive items
-Affidavit of defense in lieu of demur-

rer.

-DOMBROWSKI V. WALCZLGLOWA, 122

BOROUGHS.

Declaratory judgment-Power of bor-
ough to pave street without petition of
abutting property owner-Acts of May
14, 1915, P. L. 312, and June 7, 1923,
by implication.
P. L. 677-Repeal of one Act by another

-PETITION OF WINTON BOROUGH FOR DE-
CLARATORY JUDGMENT, 27

BUILDING RESTRICTION.

Nuisance-- Automobiles-Public ser-
vice garage in residential district-Build-
ing restriction-Injunction.

-WHEALEN ET AL. V. SATZ ET AL., 90

BY-LAWS.

Corporations Corporate elections

-COM. EX REL. NEAL V. SHIELDS ET AL COM.
EX REL. NEAL V. SHIELDS, 57

a member, the relief committee shall pay Meetings-Quorum-Majority in inter-
to the widow, or heirs, certain benefits, est-Stock-By-laws-Acts of April 29,
provided the member does not leave a will 1874, and May 14, 1891.
designating who shall receive the benefits,
and directs the committee to see that all
funeral expenses are provided for, if not,
to pay the same; the executor of a de-
ceased member who by his will specifical-
ly bequeathed the benefits payable by the
association, is entitled to receive the

amount payable as benefits by the asso-
ciation; the testator in bequeathing the
benefits relieved the association from pay-

ment of the funeral expenses.

-SAMUEL KURTZ, ADMINISTRATOR V. YORK
VOLUNTEER FIREMEN'S RELIEF ASSOCIA-
TION, 193

BIGAMY.

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CARRYING CONCEALED WEAP-
ONS.

Criminal law-Indictment for carrying
concealed weapons by foreigner-Com-
plaint-Act of March 18, 1875, May 8,
1909, and May 24, 1923-Constitution,
Art. III, Sec. 3.

-COMMONWEALTH V. RINALDI, 143

CERTIORARI.

Automobiles-Certiorari -Magistrate
-Jurisdiction in motor vehicle cases-
Husband and wife - Divorce - Void Transcript-Diminution of record-Act
marriages-Bigamy-Annulment "In- of June 14, 1923, P. L. 718.
nocent or injured party"-Act of April
14, 1859.

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giving magistrates jurisdiction for damages

resulting from collisions between motor ve-

hicles, as the transcript failed to show that

the damages had been repaired and a receipt-
ed bill properly verified by oath had been
presented at the hearing.

The court at the argument on a certiorari
from a magistrate cannot embody in the re-
cord any document not returned by a magis-
trate. After the statutory period for the re-
turn of a record has passed, a suggestion of

holders-Filing and recording of certifi
cate of taking possession of bank-Bank-
ing Act of 1923-Secretary of banking,
powers, &c.-Appointment of secretary
of banking questioned collaterally-Tak-
&c.-Administrative Code of 1923 is
ing possession of bank without hearing.
constitutional.

-CITY BANK, ETC., V. BENTZ, ET AL. 13

dimunition of record can only be accom- CONCLUSION OF LAW.
plished by waiving the requirement

of

Plaintiff's statament - Sufficiency

Amended Rule 69 of the Common Pleas Court General averments-Averments of con-

of Allegheny County.

-EXCELSIOR EXPRESS CO., V. CAULK, 88

CHATTEL MORTGAGE.

Intoxicating liquors-Criminal law-
Forfeiture of vehicle-Statute strictly
construedChattel mortgage-Act of
March 27, 1923, P. L. 34.

-COMMONWEALTH V. MATHIS, 18

Criminal Law Interpretation of stat-
utes-Condemnation of vehicle used in
unlawful transportation of intoxicating
liquor-Rights of chattel mortgagee out
of possession--Act of March 27, 1923,
P. L. 34, Sec. 11, subdivision (D), and
Clause (III) of subdivision (B).

-COMMONWEALTH V. ONE DODGE AUTOMO-
BILE, 30

CHECK.

Criminal law-Issuing a check with-

clusion of law.

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out sufficient funds in bank-Jurisdic-|—Appeal — Uniformity of assessments
tion, crime begun in one county and com--Statutes

-

Construction-Taxation

pleted in another-Improper remark by Act of April 19, 1889.
counsel, manner of putting objections on
the record.

-COMMONWEALTH V. ROGOWSKI, 145

CODE OF 1923.

-

Equity Jurisdiction - Demurrer
Bill to enforce personal liability of stock-
holders-Filing and recording of certifi
cate of taking possession of bank-Bank-
ing Act of 1923-Secretary of banking,
powers, &c.-Appointment of secretary
of banking questioned collaterally-Tak-
ing possession of bank without hearing,
&c.-Administrative Code of 1923 is
constitutional.

-CITY BANK, ETC., V. BENTZ, ET AL. 13
COLLATERAL.

Equity Jurisdiction - Demurrer

-MEINIG V. MILLER ET AL., COUNTY COM-
MISSIONERS, 134

Intoxicating liquors-Criminal lawe-
Forfeiture of vehicle-Statute strictly
construed-Chattel mortgage - Act of
March 27, 1923, P. L. 34.

-COMMONWEALTH V. MATHIS, 18

CONTRACTS.

Contract for the sale of real estate
modified by oral agreement-Statute of
frauds.

A written contract for the sale of real es-
tate, modified by a subsequent oral agree-
ment changing the date for the delivery of
the deed and possession and for the payment
of the purchase money, will sustain an action
for damages resulting from the refusal of

Bill to enforce personal liability of stock-. the defendant to pay the purchase price when

tendered the deed at the time fixed by the officers of corporations, when the testimony
modified contract.
is conflicting, must be left to the jury.
-NORTH V. YORK METAL ALLOYS CO. (NO.
2), 65

-HAMMER V. GROVE, 29

Intoxicating liquors-Plaintiff's state-
ment-Contracts-Illegal contract-Vio-

Vendor and vendee-Contract-Sale

lation of liquor laws-Statement of of land-Recovery of hand-money-
claim-Practice, C. P.-Affidavit of de Affidavit of defence--Failure of per-
fence-Merits and law-Statement of formance.

claim.

Public policy forbids the prosecution of an
action founded on immoral or illegal grounds.
The test whether a demand connected with
an illegal transaction is capable of being en-
forced at law is, whether the plaintiff re-
quires the aid of the illegal transaction to
establish his case.

Where the statement of claim does not
show on its face that an illegal contract was
made recovery can be had.

Where a statement of claim avers that
plaintiff owned certain whiskey and had paid
defendant a stated amount of money to pro-
cure the delivery of such whiskey, but the
plaintiff had failed to deliver it and retained

the money, and the statement does not show
that the whiskey was to be transported in
violation of law, or for other than medical

A party who has advanced money or done
an act in part performance of an agreement,
and then stops short and refuses to proceed
to its ultimate conclusion, the other party
being ready and willing to proceed to fulfill
all the stipulations according to the contract,
will not be permitted to recover back what
has thus been advanced or done.

In an action by the vendee of real estate
against the vendor, who contracted as equit-
able owner, to recover back the first instal-
ment of purchase money, an affidavit of de-
fence is sufficient which avers that plaintiff
did not pay the second instalment of pur-
chase money under the contract, denies spe-
cifically and clearly that defendant refused
to perform his part of the contract, and al-
leges that defendant was always able and

purposes only, the statement shows a good willing to perform his part of the agreement

cause of action.

It is bad practice to file an affidavit of de-
fence to both the merits and law of a case.

Where such an affidavit of defence is filed
and the court finds against the defendant,

with plaintiff.

-SCHUMAN V. BARRY, 66

Sales Act of May 19, 1915, P. L. 543
Passage of title of goods to be manu-
factured in the future-Executory con-
tract Measure of damages Specific

both on the merits and law, leave to file an-
other affidavit will not be allowed and judg-performance.
ment will be entered for plaintiff.

A mere denial of an averment in a state-
ment of claim is insufficient.
-FRITZ ET UX. V. McGEEHAN, 45

-FRANK PURE FOOD CO., V. DODSON CANNING
CO., 73

-

Real estate Contracts Indefinite
contract-Specific performance-Equity

Employer and employee-Sale of us--Statute of frauds and perjuries.
sets and assumption of contracts-Sim--CASSONE V. WINTER, 78
ilarity of names.

Where a company having a contract for
the employment of one for a fixed time and
at a definite salary, transferred its business
and assets to another corporation of a simi-

lar name, which agreed to assume the lia-
bilities, obligations and contracts of the first
corporation, including the contract with the

employee mentioned, and the employee, un-
acquainted with the transfer, continued his
work with the second company which for
some time accepted his services, a verdict
for the employee and judgment thereon
against the latter company for damages for
his dismissal before the expiration of the
term of employment was sustained.

Questions of the indentity of parties, turn-
ing on similarity of names, and the same

Contracts-Gambling device - Prizes
by lot or chance-Choice or skill-Affi-
davit of defense-Rule for judgment.
-EPSTEIN, ETC., V. HOUSTON, 102

Contracts-Insurance against liability
for injury by automobile-variance of
policy by parole-Substitution of insured
without endorsement on policy-Limita-
tion of agent's power-Effect of agent's
conduct on policy.

-THOMAS V. EMPLOYERS LIABILITY ASSUR-
ANCE CORPORATION, 109

CONTRIBUTION.

Guarantors, liability to one another for
contribution — Position at trial conclu-
sive--Evidence to vary a written instru-

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