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A defendant's appeal will not be stricken -Statutes Construction—Taxation
-MEINIG V. MILLER ET AL., COUNTY COM-
Conversion of bailed goods--Assump-
sit--Waiver of tort.
posession of chattels belonging to another,
it is a conversion if such defendant refuses
or is unable to return such chattels to the
on request and he renders
Owner, 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
Attachment -- Requirements must be
approved by a judge-Cannot be substi-
in order to be entitled to the benefits of these
acts, must strictly comply with all the re-
The bond, under the Act of 1887, must be
by, the prothonotary, will not be sufficient.
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
darit of cause of action.
An affidavit of cause of action to support
a writ of foreign attachment must aver in-
the time of the issuance of the process of
-WARNER V. LEVINE, 180
Practice, J.P. -Attacluncit c.recution
P. L. 144.
ATTORNEY AND CLIENT.
Transcript-Diminution of record-Act
--EXCELSIOR EXPRESS CO., V. CAULK, 88
Cash bail-Act of May 12, 1921, P. L.
recognizances--Liability of cash
Where one, who was about to become bail
approval of the court, deposited with the
clerk of the court a sum of money equal to
the amount of the several recognizances
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
costs and failed to comply with the sen-
In the case mentioned, the money was paid
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,
had received, less his commissions, and with-
-GILL'S PETITION, 137
Criminal law' Embezzlement Bail
-COMMONWEALTH V. WILLIAMS, 92
Conversion of bailed goods--Assump-
sit-Maiter of tort.
-DONOVAN co. V. TROUP MUSIC HOUSE, 203
Stolen goods -- Banks --- Bonds stolen
The burden of proof upon the holder of
-WETTER V. SMITH, 35
quired them without knowledge, or notice, BOND.
Attachment - Requirements must be
Practice, C. P.-Plaintiff's statement
Affidavit of defense in lieu of demur-
-DOMBROWSKI V. WALCZLGLOWA, 122
Declaratory judgment-Power of bor-
abutting property owner-Acts of May
-PETITION OF WINTON BOROUGH
CLARATORY JUDGMENT, 27
Nuisance Automobiles-Public ser-
vice garage in residential district-Build-
Corporations – Corporate clections
Criminal law-Indictment for carrying
Art. III, Sec. 3.
VOLUNTEER FIREMEN'S RELIEF ASSOCIA- -COMMONWEALTH V. RINALDI, 143
Automobiles-Certiorari - Magistrate
- Jurisdiction in motor vehicle cases-
trate was defective, where the action was
under the Act of June 14, 1923, P. L. 718,
giving magistrates jurisdiction for damages holders-Filing and recording of certifi-
cate of taking possession of bank-Bank-
powers. &c.-Appointment of secretary
of banking questioned collaterally— Tak-
ing possession of bank without hearing.
-CITY BANK, ETC., V. BENTZ, ET AL. 13
Plaintiff's statament --- Sufficiency -
General averments-Azerments of con-
clusion of law.
-AUTOMOTIVE STORES CORPORATION V.
maker-Vant of consideration - Suffi-
ciency of evidence to establish defense-
-SCHLOUGH ET AL. V. YETTER, 153
-WINDER ET AL. V. LUKACHER, 189
CONSTRUCTION OF STATUTE.
Into.ricating liquors-Criminal laa-
Forfeiture of whicle-Statute strictly
construed - Chantel mortgage - Act of
-COMMONWEALTH V. MATHIS, 18
Contract for the sale of real estate
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
tendered the deed at the time fixed by the officers of corporations, when the testimony
is conflicting, must be left to the jury.
-NORTH V. YORK METAL ALLOYS CO. (NO.
l'endor and vendee - Contract-Sale
of land - Recovery of hand-money-
A party who has advanced money or done
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-
to perform his part of the contract, and al-
-SCHUMAN V. BARRY, 66
Where such an affidavit of defence is filed -Passage of title of goods to be manu-
-FRANK PURE FOOD CO., V. DODSON CANNING
Real estate -- Contracts – Indefinite
Contracts--Gambling device — Prices
by lot or chance-Choice or skill-Affi-
-EPSTEIN, ETC., V. HOUSTON, 102
without endorsement on policy-Limita-
tion of agent's power-Effect of agent's
-THOMAS V. EMPLOYERS LIABILITY ASSUR-
ANCE CORPORATION, 109
Guarantors, liability to one another for