ment-Review of refusal to strike off verbose pleadings.
-KAUFFMAN'S APPEAL, 161
Acts of April 29, 1874, P. L. 73, and May 14, 1891, P. L. 61, considered.
-COM. EX REL. NEAL V. SHIELDS ET AL COM. EX REL. NEAL V. SHIELDS, 57
Corporations Charter application - -More than one purpose contained-
Conversion of bailed goods-Assump- Act of July 15, 1897, P. L. 283. sit-Waiver of tort.
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203
CORPORATIONS.
Judgment-Opening - Corporation- Power of officer to confess-Directors. -FINANCE & GUARANTY COMPANY V. E. A. MYERS COMPANY, 192
A petition for a charter for a corporation of the first class, not for profit, must be de- voted to a single purpose mentioned in either the Act of 1874 or Act of 1897. -INCORPORATION OF AMERICAN LITHUANIAN POLITICAL CLUB, 204
Practice Rules of court · Corporations-Application for char-strike off judgment for want of affidavit ter-First class-Similar names-Act of of defense-Rule for security for costs
In an application for a charter of the first class, the name "Ancient Free and Accepted Masons Temple Association" was held to be of such close similarity to the name "Grand Lodge Free and Accepted Masons of Penn- sylvania" as to be confusing and productive of litigation and controversies, and in viola - tion of the Act of March 28, 1907, P. L. 35, and for such reasons the application was re- fused.
-IN RE ANCIENT FREE AND ACCEPTED MA- SONS TEMPLE ASSOCIATION, 4
Corporations Corporate elections — Meetings-Quorum-Majority in inter- est-Stock-By-laws-Acts of April 29. 1874, and May 14, 1891.
If no special rule exists, it requires a ma- jority of the members of any constituted body of persons, whose presence at or parti-
-Notice to counsel.
-COLT COMPANY V. SHIRK, 5
Slander Damages - Costs-Act of March 27, 1713.
-LEITZEL V. ROMBERGER, 26
Costs-Divorce-Witness fees-Hear- ing before master-Appeal.
-STEWART V. STEWART, 68
COUNTER CLAIM.
Pleading Affidavit of defense Counter-claim.
-BRUBAKER V. KOLLER, 9
Practice, C. P. Counter claim Waiver of tort.
-FREY V. LEHIGH VALLEY SHOE CO., 86
Practice Municipal lien Counter- claim for damages in trespass-When cipation in a meeting is required to consti- counter-claim will not be stricken off— Acts of May 4, 1915, and May 28,
tute a quorum, to be present at such meet- ing in order to render its proceedings valid or to enable it to transact business legally.
Where the stock of a corporation consists of 500 shares, and the by-laws provide that a "majority in interest shall constitute a quorum," and that "each share of stock shall entitle the holder thereof to one vote," pro- vided that he has held such stock for thirty days prior to the annual meeting, a majority
1915. -NEW HOLLAND BOROUGH V. RANCK, OWN- ER, ETC., 158
Practice Act of May 14, 1915, P. L. 483-Trespass-Set off-Counter claim.
-H. W. MUSSER V. WATT & SHAND, 176
Landlord and tenant-Duty of land- lord to repair Practice Set-off or
of all the stock, that it, 251 shares, is neces- strike off-Notice to be endorsed-Cop-
In such case, where it appears that 106 shares had not been held by their owners for thirty days prior to the meeting, it cannot be successfully contended that, as only 394 shares were eligible for voting purposes, 214 shares present constituted a quorum,
its of contracts-Practice Act of May 14. 1915. P. L. 483.
CRIMINAL LAW.
Criminal law-Indictment- Informa-
that the election of directors who received tion-Variance between information and
indictment-Fortune telling.
An information may be so worded that it will sustain an indictment for either of sev- eral distinct offenses, and in such case the drafting of the bill of indictment is a mat- ter largely within the discretion of the dis- trict attorney.
Criminal law--Indictment--Felonious entry Larceny and receiving stolen
A count of an indictment intended to charge felonious entry which gives no de- scription or particulars of the premises en- tered other than the name of the owner is defective and should be quashed.
The courts do not expect committing mag- istrates to know the distinction in cases having similar elements, therefore the dis- Counts of an indictment charging larceny trict attorney must be vested with discretion as to the manner and form of laying the of- and receiving stolen goods in which the stol- fenses in the indictment; and as long as heen goods are described as "a lot of fresh beef sets out in the bill the charge for which the arrest was made and the hearing had, he should be sustained.
An information need not contain as full and specific a statement of the offense as is required of the indictment.
An information which sets forth that the defendant, with intent to defraud another falsely, represented that the latter was af-
dressed" do not furnish the defendant with sufficient information of the charge he is to meet to enable him to prepare for his de- fense, or to protect him from a second pros- cution in the event of his acquittal or con- viction on the first indictment, and should be quashed.
COMMONWEALTH V. FRENCH, 101
Criminal law-Indictment for carrying concealed weapons by foreigner-Com- plaint-Act of March 18, 1875, May 8, 1909, and May 24, 1923-Constitution,
flicted with a curse, and fraudulently re- ceived money for the removal of the curse, is sufficient to sustain an indictment under paragraph 111, of the Act of 1860, P. L. 410,Art. III, Sect. 3.
relating to fortune telling, although it might be sufficient to sustain an indictment charg- ng false pretenses.
-COMMONWEALTH V. DICE, 41
Criminal laze- Embezzlement - Bail for appearance-Constitutional law.
In fixing bail for appearance the Constitu- tion provides that excessive bail shall not be required.
In general, the matters to be considered in fixing the amount of bail in cases of this character are: (1) The gravity of the of- fence; (2) the sum embezzled; (3) the pen- alty in case of conviction; (4) the age and condition of health of the defendant; and (5) the prior standing and reputation of the defendant.
-COMMONWEALTH V. WILLIAMS, 92
Criminal law-Statutory rape-Age of defendant--Proof of.
The age of the defendant is a constituent element of the crime of statutory rape, and
must be proven by the Commonwealth.
Where there was no specific testimony on either side at the trial on an indictment charging statutory rape to establish the age of the defendant, but where the defendant was on the witness stand on his own behalf and had the full size and appearance of adult manhood, well over sixteen years of age, and the question of the want of proper proof of the defendant's age was not raised until on the motion for a new trial, a verdict of guilty was sustained.
-COMMONWEALTH V. KINARD, 97
An indictment for carrying a concealed, deadly weapon under the Act of March 18, 1875, P. L. 33, cannot be based on a complaint under the Act of May 8, 1909, P. L. 466.
The Act of May 8, 1909, was specifically re- pealed by the Act of May 24, 1923, P. L. 359, and an indictment under it cannot be sus- tained.
The offense not being designated as a mis- demeanor or a felony under the Act of May 24, 1923, should have been proceeded with before the alderman as a summary convic- tion, and an indictment cannot be main- tained.
Quaere, whether the Act of May 24, 1923, is not unconstitutional as in violation of Article III, Section 3, of the Constitution. -COMMONWEALTH V. RINALDI, 143
Criminal law-Issuing a check with- out sufficient funds in bank-Jurisdic- tion, crime begun in one county and com- pleted in another-Improper remark by counsel manner of putting objections on the record.
The proper way to bring objectionable remarks of counsel before the court for ad-
justment, is to formally and definitely ex- cept to the remarks at the time of their ut- terance, so that the exceptions will become a part of the record.
A remark made in the course of the cross- examination of a defendant indicating that he is a Hebrew was held not prejudicial to the defendant so as to require a withdrawal of a juror, or the granting of a new trial.
Where one puts in force an agency for the administrator-Authority of administra- commission of a crime, in legal contempla- tor to sell real estate.
tion, he accompanies the same to the point where it becomes effective.
Where, in the trial under an indictment charging the drawing of a check without having sufficient funds in the depository,
there was evidence that the check was sent by mail by the prosecutor from the county in which he resided to an alderman in an- other county acting for the payee, a convic- tion in the latter county was sustained. -COMMONWEALTH V. ROGOWSKI, 145
Intoxicating liquors-Criminal law- Forfeiture of vehicle-Statute strictly construed Chattel mortgage Act of March 27, 1923, P. L. 34.
-COMMONWEALTH V. MATHIS, 18
When an account is filed by an adminis- trator d. b. n. c. t. a. and the money in his hands arises from real estate, he must show the manner in which this money came into
his hands; how he became such administra-
tor and what authority he had to sell the real estate.
-ESTATE OF GEORGE W. FARQUHAR, 20
Decedent's estate Lawyer's fees- Contract for.
Counsel fees of one-third of the amount ecovered may be allowed on a quantum meruit even though the original agreement llowing the same might not be binding, where the counsel, after a struggle of twen- y-five years, succeeded in getting through congress and recovering from the government repayment of whiskey tax wrongfully col-
-ESTATE OF JACOB F. SCHEAFFER, Dec'd, 84
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-praisement.
Public Officers - Supervisors - Fur- nishing own teams Criminal law Road lare-Act of March 31, 1860.
-COMMONWEALTH V. McCOY, 42
Decedent's estate-Appraisement un- der Section 2 (a), of Act of June 7, 1917, P. L. 431-432-Exception to ap-
There is no provision for an appeal from in appraisement made under Section 2 (a), of the Act of June 7, 1917, P. L. 431-432, as mended by the Act of June 11, 1917, P. L. 755; but the courts have sanctioned a review of such appraisements upon exceptions.
The act does not restrict the spouse in the selection of any class or kind of real estate, nor does it allow any relative or other heir. or creditor to restrict the choice.
Maintenance Evidence Parol evi- dence to contradict judicial record Criminal law-Failure to support illegit- imate child-Act 11 July, 1917, P. L. 773-Prior acquittal on bastardy charge. upon the property selected by the spouse
-COMMONWEALTH V. GOTTSCHALL, 178
The valuation placed by sworn appraisers
must be respected, unless there is clearly hown fraud or collusion, or such evident undervaluation of the property as may sug-
Slander Damages - Costs-Act of est fraud or collusion. March 27, 1713.
An appraisement of real estate selected by surviving spouse in which the real estate was valued at $4,000.00 was permitted to
stand where an exception offered to pay $4 500.00 for the same real estate.
-LEATHERY'S ESTATE, 93
Decedent's estate-Additional inven- tory--Duty of executor-Act of June 7, 1917, P. L. 447.
After death of testator an inventory was led by the executrix. Subsequently, per-
Plaintiff's statement-Endorsement of address where papers may be served-- General reasons to strike off Gross claims for damages-Particulars of neg-sonal property consisting of household goods ligence must be shown.
-DIEHL V. STEWARTSTOWN RAILROAD CO., 49 DECEDENTS' ESTATES.
and cash in bank was discovered which was not included in the inventory, and a petition was filed asking for an additional inventory. A c'tation was awarded and the executrix in her answer claimed the property referred to, under the provisions of decedent's will,
Decedents' Estates - Administration account-Source of money in hands of belonged to her.
The duty of every executor and adminis- quired to discontinue a suit for the same trator, under the Act of June 7, 1917, P. L. cause of action instituted in another court. 447, section 12 (a), is to make a true inven--HARVEY'S ESTATE, 99
and file the same in the register's office
tory of the personal estate of the decedent Decedent's estate-Competency of wit- within thirty days from the time of admin-ness-Widow's exemption, payable to her istration granted, and where personal prop-executor-Practice.
erty not contained in the inventory subse- Where, after the decease of a widow her
quently discovered comes to the possession executor brought proceedings against her or knowledge of the executor, he shall make an inventory thereof, and file the same with-husband's executor to compell payment of in thirty days from the time of the discov-the widow's exemption, the husband's ex- ery thereof. ecutor was incompetent to testify as to what occurred between him and the widow in re- Irrespective of the respondent's claim un- gard to her demand for payment to her of der the provisions of the will, the proper her widow's exemption and as to the alleged time and place to assert claims is on the set- tlement of her account. An executor or ad-payments by him to her on account of said ministrator should not be the arbiter of the measure of his responsibility to creditors or distributees.
-CUMMINGS' ESTATE, 94
Decedent's estates-Widow's exemp tion-Fiduciaries Act 7 June, 1917, Sec- tion 12 (a).
The right of a widow to claim her exemp tion out of her husband's estate depends upon the existence of the family relation Where the evidence shows that the decedent and his wife had not lived together for six years prior to his death, but their separa- tion had been caused by circumstances over which the wife had no control and did not
When a widow in her life time has duly made her demand on the executor of her husband's estate for payment of her exemp- tion fund, her administrator or executor, af- ter her death, can collect it from such ex- ecutor.
Where the whole of a decedent's estate has been converted into money, a proceeding to set aside by an appraisement the widow's ex- emption is unnecessary, the proper practice is to make an immediate order for the pay- ment of the same.
-MEADS' ESTATE, 117
Decedents' estates-Collateral inheri-
amount to a desertion, but was unavoidable, tance tax on life estate.
the family relation continued and she is en- titled to her exemption.
Decedents' Estates-Orphans' court-
DECLARATORY JUDGMENTS.
Declaratory judgments - Jurisdiction
Suit pending in other court-Claimant of orphans' court-Uniform Declaratory must present claim in orphans' court-Judgments Act of June 18, 1923, P. L.
Whether or not a suit is pending in some other court all creditors who have had due notice are bound to present their claims be- fore the orphans' court in order to partici- pate in the fund for distribution, and which is shown as a balance in the executor's ac- count.
The Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, contemplates the solution of a real controversy between ad- verse parties, and the courts are not required to answer abstract propositions of law or moot questions which are merely academic. The act does not confer on the courts juris- diction to advise fiduciaries in the discharge of their duties. The act does not operate where the evil intended to be remedied does not exist.
The act of June 18, 1923, P. L. 840, does not extend, or in any wise affect, the juris-
The orphans' court has general jurisdiction over claimants against estates of decedents and the funds to be distributed to creditors, legatees and heirs. This jjurisdiction is not to be ousted by reason of a suit having been filed in some other court, and while the or- phans' court is bound by what has been de-diction of the orphans' court, so as to bring cided in such other suits, yet its jurisdiction continues as to the fund in the estate to be distributed and the portion to be awarded to such creditor.
Claimant being compelled to present his claim in the orphans' court cannot be re-
within it cases, or a class of cases, not pre- viously cognizable there; hence, where the court was asked to enter a declaratory judg- ment touching the validity of a lease, which depended upon whether or not a testament- ary power of appointment had been proper-
ly exercised, it declined jurisdiction, as the validity of the lease was a matter to be de- termined by the court of common pleas, whose jurisdiction would not be affected by the fact that its validity would depend upon whether the power had been properly exer- cised.
other legal relations and is to be liberally construed and administered. Nevertheless its privileges should be extended only in cases which clearly come within the terms
A school district can not use part of the proceeds of an issue of bonds made in 1923 Where the court in which the petition is for the "purpose of funding a portion of the filed is without power to enforce the decla-floating, temporary and current indebtedness" ratory judgment sought, it may refuse to of the district, for the payment of current enter it under section 6 of the act of June expenses in 1924. 18, 1923, P. L. 840, as such judgment if en- tered would not terminate the controversy. -DUFF'S ESTATE, 21
-PETITION OF DUNMORE SCHOOL DISTRICT FOR DECLARATORY JUDGMENT, 80
Declaratory judgment-Power of bor- ough to pave street without petition of feiture-Rent-Place of payment-De- Equity-Landlord and tenant — For- abutting property owner-Acts of May mand-Default-Injunction. 14, 1915, P. L. 312, and June 7, 1923, P. L. 677-Repeal of one Act by another by implication.
Under the Borough Act of May 14, 1915,
-MYERS V. BOYLAN, 39
DEMURRER.
Libel-Demurrer-Effect of demurrer
P. L. 312, as amended by the Act of June 7, Judgment for plaintiff on demurrer- 1923, P. L. 677, boroughs have the power,
Rule to open-Power of court over judg-
without petition of property owners, to grade, pave, curb, macadamize, or otherwise improve public streets, or parts thereof, and assess the cost thereof, one-third against the owners of the property abutting on each DETECTIVE LICENSE. side of the street and the remaining one- third to the borough, when said streets, or parts thereof, do not exceed one thousand feet in length and connect two streets, or parts of a street theretofore paved and im- proved.
-KEEFER V. INTELLIGENCE AND NEWS- JOURNAL, 167
Detective license Act of May 23. 1887-Judicial discretion Competency and integrity of applicant-Not substi- tuted for public official-Act not to be used as referendum vote of people.
The Act of May 23, 1887, P. L. 173, vests in the court of quarter sessions authority to appoint private detectives, when deemed necessary and expedient.
The Act of June 7, 1923, contains no re- pealing clause. It must be considered as an enlargement of or an addition to the classi- fication of streets found in the Act of 1915; "No such license shall be granted, until and it has no effect whatever on other legis-satisfactory proof of the competency and lation relating to the paving, etc., of other integrity of" the applicant has been made. streets in a borough. The function of such appointee is to make
take the place and perform the functions of a constable or police officer.
One Act is held to repeal another by im-investigations for hire or reward, and not to plication only in cases of very strong repug- nancy or irreconcilable inconsistency. -PETITION OF WINTON BOROUGH FOR DE- CLARATORY JUDGMENT, 27
Declaratory judgment-Act of June 18, 1923, P. L. 8.40-Schools-Right to use balance of bond issue for payment of current expenses.
A declaratory judgment is a judgment which simply declares the rights of the par- ties, or expresses the opinion of the court on a question of law, without ordering anything
The Act of June 18, 1923, P. L. 840, is de- clared to be remedial. Its purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status and
Where the applicant has been a candidate for the office of constable and defeated, the
court will not set aside the will of the peo- ple so publicly declared, by the subterfuge
of pretending to appoint such defeated can-
didate a private detective, with the under-
standing that he shall in fact perform the functions of a public officer.
The testimony of an applicant to the ef- fect that, while serving as chief of police during the period of two years, he made but two arrests for liquor law violations, nega- tives his competency as an officer; it being as much the duty of a chief of police to en- force the law, as a constable. -IN RE APPLICATION OF J. L. TRESSELL FOR A DETECTIVE LICENSE. 133
« ПредишнаНапред » |