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-MEINIG V. MILLER ET AL.. COUNTY COM
A defendant's appeal will not be stricken -Statutes Construction—Taxation off because a member of the bar became Act of April 19, 1889. surety on the appeal in violation of a rule of court prohibiting such action.
MISSIONERS, 134 It is an obligation of a member of the bar to obey and respect rules of court relating to ASSUMPSIT. attorney's conduct, but a client should not be
Conversion of bailed goods-Assumpprejudiced by the conduct of the attorney.
sit-W'aiver of tort. A citizen should not be deprived of a boon given by law, unless he has done something Though a defendant dealt in good faith to warrant a forfeiture of the privilege con with an apparent owner and thus obtained ferred.
posession of chattels belonging to another, -SCHIESSER V. HARTMAN, 15
it is a conversion if such defendant refuses
or is unable to return such chattels to the Justice of the peace-Arreal-Strik
rightful owner on request and he renders ing off appeal-Appeal nunc pro tue. himself liable in damages to such rightful -CHESTER ATUO RADIATOR COMPANY V. SAM
owner, the owner may waive the tort CARDILE, 24
and recover from him in an action for goods Practice, C. P.-Appeals from justice sold and delivered though the defendant Pleading - Plaintiff's statement
made no promise to pay. Striking off Affidavit dots of April
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203 14, 1921, P. L. 147, and May 14, 1915, P. L. 183.
ATTACHMENT. --KUREY V. KOCZENOCZ, 51
Attachment - Requirements must be Costs--Divorce-Witness focs--Hear- strictly complied with-Bond must be ing before master--Appeal.
approved by a judge-Cannot be substi-STEWART V. STEWART, 68
tuted Plaintiff's statement Practice De The language of the acts of assembly aufective statement on appeal from magis- thorizing the issuing of writs of attachment trate - Amendment-Rule to arbitrate
against fraudulent debtors is imperative, and Acts of June 16, 1836, P. L. 719, May must receive a strict construction. A party, 14, 1815, P. L. 483, and April 10, 1921, acts, must strictly comply with all the re
in order to be entitled to the benefits of these P. L. 144.
quirements. -CROYLE V. GROFF & WOLF CO., 95
The bond, under the Act of 1887, must be Taration County taxes-Assessment approved by a judge of the court of common -Appeal l'niformity of assessments pleas, before the attachment can be issued, -Statuites Construction-Taxation filing the bond which, or the approval of it Act of April 19, 1889.
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 apAPPOINTMENTS.
proved as a substitute for a bond already Appointments by the court to fill va- filed and found to be defective. cancies - Political affiliations of ap
-McMASTERS V. MAJEWSKI, 54 pointees. -IN RE TAX COLLECTOR IN SPRINGETTSBURY
Practice-Forcign attachment-AffiTOWNSHIP, 77
dazit of cause of action. APPRAISEMENT.
An affidavit of cause of action to support
a writ of foreign attachment must aver inDecedent's estate-Appraisement 111 ter alia that defendant was the owner of der Section 2 (a), of Act of June 7, property within the jurisdiction of the court, 1917, P. I. 131-132—Erception to ap- and that he was not within the county at praiscinant.
the time of the issuance of the process of -LEATHERY'S ESTATE, 93
-WARNER V. LEVINE, 180 ASSESSMENT.
Practice, J. P.-Attachunent execution Taration County taxes-Assessment -- Judgment--Act of April 15, 1845. -Appeal - l'niformity 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.
-EXCELSIOR EXPRESS CO., V. CAULK, 88 estate by attorney in execution-Ejectment by client-Statute of limitations
BAIL. Acts of April 22, 1850, March 27, 1865, and June 12, 1919.
Cash bail-Act of May 12, 1921, P. L. If an attorney in an execution purchases 5.18-Cash deposited in support of bail the real estate, he becomes trustee for his
on recognizances-Liability of cash client, and the client can maintain ejectment for payment of costs imposed on defendagainst him and those claiming under him, ant-Failure of court to designate deunless barred by the statute of limitations. pository for cash-Interest. The statute of limitations begins to run
Where one, who was about to become bail from the date the attorney parts with the for several persons under indictment, with
approval of the court, deposited with the title.
clerk of the court a sum of money equal to Acts of April 22, 1856, P. L. 532 (as am
the amount of the several recognizances ended March 27, 1865, P. L. 56), and June upon which he became bail, because he was 12, 1919, P. L. 478, considered.
not a resident of the country in which the -BELL V. PARRELL ET AL., 148
recognizances were entered and therefore,
without the deposit was not acceptable as ATTORNEYS.
bail, he was entitled to have the money so
deposited, less the clerk's commission, repaid Defendant's appeal-Striking off ap- to him, not withstanding that one of the depeal Attorney at law as sureth-Rule rendants was convicted and sentenced to pay of court.
costs and failed to comply with the sen-SCHI SSER V. HARTMAN, 15
In the case mentioned, the money was paid Decedent's estate-Attorney's fres--- not in lieu of surety but as additional supContract for.
port of the person who became bail on the -ESTATE OF JACOB F. SCHEAFFER, DEC'D, 84
recognizances; it was not the property of the defendant sentenced to pay costs, and,
therefore, could not be held for the payment AUDITOR
of the costs. Partition-Appointment of an auditor
Where no order was made by the court des-Confirmation of account.
ignating a depository in which the clerk -ESTATE OF JOHN L. GEIGER, 11
shall deposit the moneys deposited with him
and the clerk placed the same in a bank AUDITORS.
other than a national bank or trust company
approved by the court, and said bank failed, duditors-Fee--1cts of June 4, 1879,
the clerk was ordered to pay the amount he and June 7, 1917.
had received, less his commissions, and withThe Act of June 4, 1879, P. L. 84, has been out interest. 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 Eimbesslement Bail Auditors are entitled to fair and reasonable for appearance-Constitutional law'. compensation, and no more.
-COMMONWEALTH V. WILLIAMS, 92 -HUBER'S ESTATE, 104
Conversion of bailed goods-Assump
sit-Ilaiter of tort. AUTOMOBILES.
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203 Plaintiff's statement - Husband and wifo-Automobiles - Collision - State BANKS. . ment-Averment of wife's agency as drieer – Admission - Practice Act of by assistant cashier-Notice of fraudu
Stolen goods -- Banks - Bonds stolen May 14, 1915.
Lint acquisition. -WETTER V. SMITH, 35
The burden of proof is upon the holder of Automobiles—Certiorari - Magistrate stolen honds, in defending against the claim - Jurisdiction in motor t'ehicle cases of the owner thereof, to show that he ac
quired them without knowledge, or notice, BOND.
Attachment - Requirements must be
strictly complied with-Bond must be
Practice, C. P.-Plaintiff's statement
-Goods sold and delivered-Book ac-
- 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
CLARATORY JUDGMENT, 27
Nuisance Autoinobiles-Public ser-
vice garage in residential district-Build-
Corporations - Corporate clections
receive the Criminal law-Indictment for carrying
in bequeathing the plaint-Act of March 18, 1875, May 8, ,
1909, and May 24, 1923–Constitution,
Art. III, Sec. 3.
VOLUNTEER FIREMEN'S RELIEF ASSOCIA: -COMMONWEALTH V. RINALDI, 143
- 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-
powders, &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 -
clusion of law.
maker-Want of consideration - Suffi-
ciency of evidence to establish defense-
-SCHLOUGH ET AL. V. YETTER, 153
-WINDER ET AL. V. LUKACHER, 189
-MEINIG V. MILLER ET AL., COUNTY COM-
--COMMONWEALTH V. MATHIS, 18
CONSTRUCTION OF STATUTE.
--Appeal Uniformity of assessments
Intoricating liquors—Criminal law-
Forfeiture of tchicle-Statute strictly
construed Chattel mortgage — Act of
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
A party who has advanced money or done
to its ultimate conclusion, the other party
being ready and willing to proceed to fulfill
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-
chase money under the contract, denies spe-
to perform his part of the contract, and al-
-SCHUMAN V. BARRY, 66
Sales det of May 19, 1915, P. L. 513
-FRANK PURE FOOD CO., V. DODSON CANNING
Real estate -- Contracts — Indefinite
-CASSONE V. WINTER, 78
Contracts-Gambling device – Prises
by lot or chance-Choice or skill-Affi-
datit of defense-Rule for judgment.
-EPSTEIN, ETC., V. HOUSTON, 102
policy by parole—Substitution of insured
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