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-MEINIG V. MILLER ET AL.. COUNTY COM

or

A defendant's appeal will not be stricken -Statutes ConstructionTaxation 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. 131-132Erception 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

foreign attachment.

-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

tence.

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 AutomobilesCertiorari - Magistrate stolen honds, in defending against the claim - Jurisdiction in motor t'ehicle cases of the owner thereof, to show that he ac

BOROUGH

FOR DE-

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

Attachment - Requirements must be

strictly complied with-Bond must be
Where an assistant cashier of a bank re-
ceived bonds, negotiable by delivery, for sale, approved by a judge-Cannot be substi-
and subsequently fraudulently pledged them tuted.
with his bank to secure his own debt, and the -McMASTERS V. MAJEWSKI, 54
hank failed, while the securities were thus
pledged, the bank was effected with a guilty

BOOK ACCOUNT.
knowledge of its officer, and, therefore, was

Practice, C. P.-Plaintiff's statement
not an innocent holder of the securities; and
the owner of the bonds was entitled to have

-Goods sold and delivered-Book ac-
the same redelivered to him by the liquid-count with101:t dates or descriptive items
ator of the bank.

- Affidavit of defense in lieu of demur-
--PETITION OF YORK LODGE OF MOOSE, 185

rer.

-DOMBROWSKI V. WALCZLGLOWA, 122
Equity - Jurisdiction Demurrer -
Bill to enforce personal liability of stock- BOROUGHS.
holders-Filing and recording of certifi-
cate of taking possession of bank-Bank-

Declaratory judgment-Power of bor-
ing Act of 1923Secretary of banking, ough to pave street without petition of
powers, &c.-appointment of secretary

abutting property owner-Acts of May
of banking questioned collaterallyTak- 14., 1915, P. L. 312, and June 7, 1923,
ing possession of bank without hearing. ?. L. 677Repeal of one Act by another
&C. -Administrative Code of 1923 is

by implication.

-PETITION OF WINTON
constitutional

CLARATORY JUDGMENT, 27
-CITY BANK, ETC., V. BENTZ, ET AL. 13

BUILDING RESTRICTION.
BENEFICIAL ASSOCIATIONS.

Nuisance Autoinobiles-Public ser-

vice garage in residential district-Build-
Beneficial association--Benefits paya- ing restriction-Injunction.
ble to executor or applicable to payment -WHEALEN ET AL. V. SATZ ET AL., 90
of funeral expenses.

BY-LAWS.
Where the by-laws of beneficial as-
sociation provide that upon the death of

Corporations - Corporate clections
a member, the relief committee shall pay Meetings-QuorumMajority in inter-
to the widow, or heirs, certain benefits, est-Stock-By-law's--Acts of April 29,
provided the member does not leave a will 1874, and May 14, 1891.
designating who shall receive the benefits, -COM. EX REL. NEAL V. SHIELDS ET AL COM.
and directs the committee to see that all EX REL. NEAL V. SHIELDS, 57
funeral expenses are provided for, if not,
to pay the same; the executor of a de- CARRYING CONCEALED WEAP-
ceased member who by his will specifical ONS.
ly bequeathed the benefits payable by the
association, entitled

receive the Criminal law-Indictment for carrying
amount payable as benefits by the asso- : concealed weapons by foreigner-Com-
ciation; the testator in bequeathing th

in bequeathing the plaint-Act of March 18, 1875, May 8, ,
benefits relieved the association from pay-

1909, and May 24, 1923Constitution,
ment of the funeral expenses.

Art. III, Sec. 3.
-SAMUEL KURTZ, ADMINISTRATOR V. YORK

VOLUNTEER FIREMEN'S RELIEF ASSOCIA: -COMMONWEALTH V. RINALDI, 143
TION, 193

CERTIORARI.

Automobilcs-Certiorari-Magistrate
BIGAMY.

- Jurisdiction in motor vehicle cases -
Husband and wife - Divorce - Void Transcript-Diminution of record-Act
inarriages-Bigam y-- Annulment --- "In- of June 14, 1923, P. L. 718.
nocent or injured party"-Act of April On certiorari the transcript of a magis-
14, 1859.

trate was defective, where the action was
-MALLON V. MALLON, 179

under the Act of June 14, 1923, P. L. 718,

a

is

to

of

giving magistrates jurisdiction for damages holders-Filing and recording of certifi-
resulting from collisions between motor ve.

cate of taking possession of bank-Bank-
hicles, as the transcript failed to show that ing Act of 1923-Secretary of banking,
the damages had been repaired and a receipt-

powders, &c.-Appointment of secretary
ed bill properly verified by oath had been

of banking questioned collaterallyTak-
presented at the hearing.
The court at the argument on a certiorari &c.-Administratize Code of

ing possession of bank without hearing.

1923 is
from a magistrate cannot embody in the re-

constitutional.
cord any document not returned by a magis-

-CITY BANK, ETC., V. BENTZ, ET AL. 13
trate. After the statutory period for the re-
turn of a record has passed, a suggestion of
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-Aterments of con-
of Allegheny County,
-EXCELSIOR EXPRESS CO., V. CAULK, 88

clusion of law.
-AUTOMOTIVE

LEACHEY, 205.
CHATTEL MORTGAGE.
Intoxicating liquors-Criminal law-

CONSIDERATION.
Forfeilure of vehicle-Statute strictly
construed - Chattel mortgage --- Act of Promissory notes Accommodation
March 27, 1923, P. L. 34.

maker-Want of consideration - Suffi-
-COMMONWEALTH V. MATHIS, 18

ciency of evidence to establish defense-
Criminal Law Interpretation of stat- Question for jury.

-SCHLOUGH ET AL. V. YETTER, 153
utes-Condemnation of vehicle used in
unlawful transportation of intoxicating
liquor-Rights of chattel inortgagee out CONSOLIDATION OF ACTIONS.
of possession--Act of March 27, 1923, Practice- Affidavit of defense raising
P. L. 34, Sec. II, subdivision (D), and questions of lawConsolidation of ac-
Clause (III) of subdivision (B).

tions.
-COMMONWEALTH V. ONE DODGE AUTOMO-

BILE, 30

STORES

CORPORATION

V.

-WINDER ET AL. V. LUKACHER, 189

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

MISSIONERS, 134

--COMMONWEALTH V. MATHIS, 18

CHECK.

CONSTRUCTION OF STATUTE.
Criminal law-Issuing a check with Taxation County Pares-Assessment
out sufficient funds in bank-Jurisdic

--Appeal Uniformity of assessments
tion, crime begun in one county and com- -Statutes Construction-Taration
pleted in another-Improper remark by Act of April 19, 1889.
cousel, manier of putting objections on
the record.
-COMMONWEALTH V. ROGOWSKI, 145

Intoricating liquorsCriminal law-
CODE OF 1923.

Forfeiture of tchicle-Statute strictly
Equity - Jurisdiction - Deuuurrer

construed Chattel mortgage Act of
Bill to enforce personal liability of stock- March 27, 1923, P. L. 34.
holders-Filing and recording of certifi-
cate of taking possession of bank-Bank-
ing Act of 1923–Secretary of banking. CONTRACTS.
powers, EC. Appointment of secretary

Contract for the sale of real estate
of banking questioned collaterallyTak- modified by oral agreement-Statute of
ing possession of bank without hearing, frauds.
&c. -Administrative Code of 1923 is
constitutional.

A written contract for the sale of real es-
-CITY BANK, ETC., V. BENTZ, ET AL. 13

tate, modified by a subsequent oral agree-

ment changing the date for the delivery of
COLLATERAL.

the deed and possession and for the payment

of the purchase money, will sustain an action
Equity Jurisdiction - Demurrer

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.
-HAMMER V. GROVE, 29

-NORTH V. YORK METAL ALLOYS CO. (NO.

2), 65
Intoxicating liquors-Plaintiff's state-
ment-Contructs-Illegal contract-l'io-

l'endor and vendee - Contract-Sale
lation of liquor lau's -- Statement of of land Recovery of hand-money.
claim-Practice, C. P.-Affidavit of de 1ffidavit of defence--Failure of per-
fonce-Merits and lan-Statement of formance.
claim.

A party who has advanced money or done
Public policy forbids the prosecution of an an act in part performance of an agreement,
action founded on immoral or illegal grounds. and then stops short and refuses to proceed
The test whether a demand connected with

to its ultimate conclusion, the other party
an illegal transaction is capable of being en-

being ready and willing to proceed to fulfill
forced at law is, whether the plaintiff re all the stipulations according to the contract,
quires the aid of the illegal transaction to will not be permitted to recover back what
establish his case.

has thus been advanced or done.
Where the statement of claim does not

In an action by the vendee of real estate
show on its face that an illegal contract was

against the vendor, who contracted as equit-
made recovery can be had.

able owner, to recover back the first instal-
Where a statement of claim avers that

ment of purchase money, an affidavit of de-
plaintiff owned certain whiskey and had paid fence is sufficient which avers that plaintiff
defendant a stated amount of money to pro- did not pay the second instalment of pur-
cure the delivery of such whiskey, but the

chase money under the contract, denies spe-
plaintiff had failed to deliver it and retained cifically and clearly that defendant refused
the money, and the statement does not show

to perform his part of the contract, and al-
that the whiskey was to be transported in
violation of law, or for other than medical leges that defendant was always able and
purposes only, the statement shows a good willing to perform his part of the agreement

with plaintiff.
cause of action.

-SCHUMAN V. BARRY, 66
It is bad practice to file an affidavit of de-
fence to both the merits and law of a case.

Sales det of May 19, 1915, P. L. 513
Where such an affidavit of defence is filed -Passage of title of goods to be mana-
and the court finds against the defendant, factured in the future-Executory con-
both on the merits and law, leave to file an tract Measure of damages Specific
other affidavit will not be allowed and judg-performance.
ment will be entered for plaintiff.

-FRANK PURE FOOD CO., V. DODSON CANNING

CO., 73
A mere denial of an averment in a state-
ment of claim is insufficient.

Real estate -- Contracts Indefinite
-FRITZ ET UX. V. McGEEHAN, 45

contract-Specific performance-Equity
Employer and employce--Sale of us --Statute of frauds and perjuries.

-CASSONE V. WINTER, 78
sets and assumption of contracts-Sim-
ilarity of names.

Contracts-Gambling device Prises

by lot or chance-Choice or skill-Affi-
Where a company having a contract for

datit of defense-Rule for judgment.
the employment of one for a fixed time and

-EPSTEIN, ETC., V. HOUSTON, 102
at a definite salary, transferred its business
and assets to another corporation of a simi Contracts-Insurance against liability
lar name, which agreed to assume the lia- for injury by antomobile-variance of
bilities, obligations and contracts of the first

policy by paroleSubstitution of insured
corporation, ineluding the contract with the avithout endorsement on policyLimita-
employee mentioned, and the employee, un-

tion of agent's power-Effect of agent's
acquainted with the transfer, continued his

conduct on policy.
work with the second company which for

-THOMAS V. EMPLOYERS LIABILITY ASSUR-
some time accepted his services, a verdict

ANCE CORPORATION, 109
for the employee and judgment thereon
against the latter company for damages for

CONTRIBUTION.
his dismissal before the expiration of the
term of employment was sustained.

Guarantors, liability to one another for
Questions of the indentity of parties, turn- contribution Position at trial conclu-
ing on similarity of names, and the same site--Evidence to t'ary a written instru-

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