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
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
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.
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
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
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
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
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
Defendant's appeal-Striking off ap- peal Attorney at law as surety-Rule of court.
-SCHI SSER V. HARTMAN, 15
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
Partition-Appointment of an auditor -Confirmation of account.
-ESTATE OF JOHN L. GEIGER, 11
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
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
Auditors are entitled to fair and reasonable for appearance-Constitutional law.
-COMMONWEALTH V. WILLIAMS, 92
Conversion of bailed goods-Assump- sit-Waiver of tort.
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203
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-
-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
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-
-DOMBROWSKI V. WALCZLGLOWA, 122
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
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
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
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.
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
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
Criminal law-Issuing a check with-
out sufficient funds in bank-Jurisdic-|—Appeal — Uniformity of assessments tion, crime begun in one county and com--Statutes
pleted in another-Improper remark by Act of April 19, 1889. counsel, manner of putting objections on the record.
-COMMONWEALTH V. ROGOWSKI, 145
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
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.
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
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
Guarantors, liability to one another for contribution — Position at trial conclu- sive--Evidence to vary a written instru-
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