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ment-Revier' of refusal to strike off Acts of April 29, 1874, P. L. 73, and May
verbose pleadings.

14, 1891, P. L, 61, considered.

-COM. EX REL. NEAL V. SHIELDS ET AL COM.
-KAUFFMAN'S APPEAL, 161

EX REL. NEAL V. SHIELDS, 57

Corporations - Charter application
CONVERSION.

-More than one purpose contained-
Conversion of bailed goods-Assump-Act of July 15, 1897, P. L. 283.
si!-Waiver of tort.

A petition for a charter for a corporation
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203

of the first class, not for profit, must be de-

voted to a single purpose mentioned in either
CORPORATIONS.

the Act of 1874 or Act of 1897.

-INCORPORATION OF AMERICAN LITHUANIAN
Judgment-Opening Corporation- POLITICAL CLUB, 204
Power of officer to confess-Directors.
-FINANCE & GUARANTY COMPANY V. E. A. COSTS.
MYERS COMPANY, 192

Practice Rules of court Rule to
Corporations application for char- strike off judgment for want of affidavit
ter-First classSimilar names-Act of of defense-Rule for security for costs
March 28, 1907.

-Notice to con07sel.

-COLT COMPANY V. SHIRK, 5
In an application for a charter of the first
class, the name "Ancient Free and Accepted

Slander - Damages Costs-Act of
Masons Temple Association" was held to be March 27, 1713.
of such close similarity to the name "Grand

-LEITZEL V. ROMBERGER, 26
Lodge Free and Accepted Masons of Penn-

Costs--Dizorce-Witness fees-Hear-
sylvania" as to be confusing and productive

ing before master--Appeal.
of litigation and controversies, and in viola-

--STEWART V. STEWART, 68
tion of the Act of March 28, 1907, P. L. 35,
and for such reasons the application was re-

COUNTER CLAIM.
fused.
-IN RE ANCIENT FREE AND ACCEPTED MA- Pleading Affidavit of defense
SONS TEMPLE ASSOCIATION, 4

Counter-claiin.
Corporations - Corporate elections -BRUBAKER V. KOLLER, 9
1/ectings-- Quoruum-Majority in inter-

Practice, C. P. Counter claim
est-Stock-By-laws-Acts of April 29. Waiver of tort.
1874, and May 14, 1891.

-FREY V. LEHIGH VALLEY SHOE CO., 86
If no special rule exists, it requires a ma-

Practice - Municipal lien - Counter-
jority of the members of any constituted
body of persons, whose presence at or parti- 1 counter-claim will not be stricken off-

claim for damages in trespass-When
cipation in a meeting is required to consti-
tute a quorum, to be present at such meet-

ilcts of May 1, 1915, and May 28, 1915.
ing in order to render its proceedings valid

-NEW HOLLAND BOROUGH V. RANCK, OWN-

ER, ETC., 158
or to enable it to transact business legally.
Where the stock of a corporation consists

Practice Act of May 14, 1915, P. L.
of 500 shares, and the by-laws provide that 483Trespass--Set off-Counter claim.
a "majority in interest shall constitute a

-II. W. MUSSER V. WATT & SHAND, 176
quorum," and that "each share of stock shall

Landlord and tenant-Duty of land-
entitle the holder thereof to one vote," pro-

lord to repair Practice Set-off or
vided that he has held such stock for thirty

Demurer

counter-claim
days prior to the annual meeting, a majority

Motion to
of all the stock, that it, 251 shares, is neces-

strike off-Notice to be endorsed-Cop-
sary for a quorum.

its of contracts-Practice Act of May
In such case, where it appears that 106 14, 1975: P. L. 183.
shares had not been held by their owners for -DAVIS V. GREGG, 182
thirty days prior to the meeting, it cannot be
successfully contended that, only 394 CRIMINAL LAW.
shares were eligible for voting purposes, 214

Criminal law-- Indictment- Informa-
shares present constituted a quorum, and
that the election of directors who received lion-Variance between information and
212 votes was legal.

indictment-- Fortune telling.

as

An information may be so worded that it Criminal law--Indictment--Felonious
will sustain an indictment for either of sev-entry Larceny and receiving stolen
eral distinct offenses, and in such case the

goods.
drafting of the bill of indictment is a mat-

A count of an indictment intended to
ter largely within the discretion of the dis-
trict attorney.

charge felonious entry which gives no de-

scription or particulars of the premises en-
The courts do not expect committing mag-tered other than the name of the owner is
istrates to know the distinction in cases defective and should be quashed.
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 he goods are described as “a lot of fresh beef
sets out in the bill the charge for which the dressed" do not furnish the defendant with
arrest was made and the hearing had, he sufficient information of the charge he is to
should be sustained.

meet to enable him to prepare for his de-

fense, or to protect him from a second pros-
An information need not contain as full

cution in the event of his acquittal or con-
and specific a statement of the offense as is viction on the first indictment, and should
required of the indictment.

be quashed.
An information which sets forth that the --COMMONWEALTH V. FRENCH, 101
defendant, with intent to defraud another
falsely, represented that the latter was af-

Criminal law_Indictment for carrying
flicted with a curse, and fraudulently re-concealed weapons by foreigner-Com-
ceived money for the removal of the curse, plaint-Act of March 18, 1875, May 8,
is sufficient to sustain an indictment under 1909, and May 24, 1923Constitution,
paragraph 111, of the Act of 1860, P. L. 410,.irt. II, Sect. 3.
relating to fortune telling, although it might
be sufficient to sustain an indictment charg-

An indictment for carrying a concealed,
ng false pretenses.

deadly weapon under the Act of March 18,
-COMMONWEALTH V. DICE, 41

1875, P. L. 33, cannot be based on a complaint

under the Act of May 8, 1909, P. L. 466.
Criminal law Embezzlement Bail

The Act of May 8, 1909, was specifically re-
for appearance-Constitutional law.

pealed by the Act of May 24, 1923, P. L. 359,
In fixing bail for appearance the Constitu- and an indictment under it cannot be sus-
tion provides that excessive bail shall not be tained.
required.

The offense not being designated as a mis-
In general, the matters to be considered in demeanor or a felony under the Act of May
fixing the amount of bail in cases of this 24, 1923, should have been proceeded with
character are: (1) The gravity of the of- before the alderman as a summary convic-
fence; (2) the sum embezzled; (3) the pen- tion, and an indictment cannot be main-
alty in case of conviction; (4) the age and tained.
condition of health of the defendant; · and

Quaere, whether the Act of May 24, 1923,
(5) the prior standing and reputation of the

is not unconstitutional as in violation of
defendant.
-COMMONWEALTH V. WILLIAMS, 92

Article III, Section 3, of the Constitution.

-COMMONWEALTH V. RINALDI, 143
Criminal law-Statutory rape--Age of Criminal law-Issuing a check with-
defendant--Proof of.

out sufficient funds in bank-Jurisdic-
The age of the defendant is a constituent tion, crime begun in one county and com-
element of the crime of statutory rape, and pleted in anotherImproper remark by
must be proven by the Commonwealth. counsel, manner of putting objections on

Where there was no specific testimony on the record.
either side at the trial an indictment

to bring objecionable
charging statutory rape to establish the age

The proper way

remarks of counsel before the court for ad-
of the defendant, but where the defendant justment, is to formally and definitely ex-
was on the witness stand on his own behalf cept to the remarks at the time of their ut-
and had the full size and appearance of adult terance, so that the exceptions will become
manhood, well over sixteen years of age, and a part of the record.
the question of the want of proper proof of A remark made in the course of the cross-
the defendant's age was not raised until on

examination of a defendant indicating that
the motion for a new trial, a verdict of guilty he is a Hebrew was held not prejudicial to
was sustained.

the defendant so as to require a withdrawal
-COMMONWEALTH V. KINARD, 97

of a juror, or the granting of a new trial.

on

9

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.

When an account is filed by an adminis-

trator d. b. n. c. t. a. and the money in his
Where, in the trial under an indictment hands arises from real estate, he must show
charging the drawing of a check without
having sufficient funds in

the manner in which this money came into

the depository,
there was evidence that the check was sent

his hands; how he became such administra-
by mail by the prosecutor from the county

tor and what authority he had to sell the real
in which he resided to an alderman in an-

estate.
other county acting for the payee, a convic-

-ESTATE OF GEORGE W. FARQUHAR, 20
tion in the latter county was sustained.

Decedent's estate --- Lawyer's fees — -
-COMMONWEALTH V. ROGOWSKI, 145

Contract for.
Intoricating liquorsCriminal law- Counsel fees of one-third of the amount
Forfeiture of vehicleStatute strictly ecovered may be allowed on a quantum
construed Chattel mortgage Act of

meruit even though the original agreement
March 27, 1923, P. L. 34.

llowing the same might not be binding,

vhere the counsel, after a struggle of twen-
-COMMONWEALTH V. MATHIS, 18

y-five years, succeeded in getting through
Criminal LawInterpretation of stat ongress and recovering from the government
utesCondemnation of vehicle used in i repayment of whiskey tax wrongfully col-

ected,
unlawf!ıl transportation of intoxicating

--ESTATE OF JACOB F. SCHEAFFER, DEC’D, 84
liquor-Rights of chattel mortgagee out
of possession-Act of March 27, 1923,

Decedent's estate-Appraisement un-
P. L. 34, Sec. II, subdivision (D), and der Section 2 (a), of Act of June 7,
Clause (III) of subdivision (B). 1917, P. L. 431-432-Exception to ap-
-COMMONWEALTH v. ONE DODGE AUTOMO- praisement.
BILE, 30

There is no provision for an appeal from
Public Officers - Supervisors Fur- in appraisement made under Section 2 (a),
nishing 0200 teams Criminal law

of the Act of June 7, 1917, P. L. 431-432, as
Road law-Act of March 31,

mended by the Act of June 11, 1917, P. L.
1860.

755; but the courts have sanctioned a review
-COMMONWEALTH V. McCOY, 42

if such appraisements upon exceptions.
Maintenance Evidence Parol evi- The act does not restrict the spouse in the
dence to contradict judicial record selection of any class or kind of real estate,
Criminal law-Failure to support illegit-

nor does it allow any relative or other heir.

or creditor to restrict the choice.
imate childAct 11 July, 1917, P. L.

The valuation placed by sworn appraisers
773Prior acquittal on bastardy charge. upon the property selected by the spouse
-COMMONWEALTH V. GOTTSCHALL, 178

be respected, unless there is clearly

hown fraud or collusion, or such evident
DAMAGES.

indervaluation of the property as may sug-
Slander Damages -- Costs-Act of

Costs-Act of est fraud or collusion.
March 27, 1713.

An appraisement of real estate selected by
-LEITZEL V. ROMBERGER, 26

! surviving spouse in which the real estate

vas valued at $4,000.00 was permitted to
Landlord and tenant-Proceedings for stand where an exception offered to pay
possession - Conclusiveness of - Dam- $4 500.00 for the same real estate.
ages for lawful eviction

Act of -LEATHERY’S ESTATE, 93
March 31, 1905.

Decedent's estate-Additional inven-
--STEELY V. LORAH, 38

tory--Duty of executor-Act of June 7,
Plaintiff's statement-Endorsement of 1917, P. I. 447.
address acre papers may be scried-- After death of testator an inventory was
General reasons to strike off Gross led by the executrix. Subsequently, per-
claims for damages-Particulars of ney-sonal property consisting of household goods
ligence imust be shown.

end cash in bank was discovered which was
-DIEHL V. STEWARTSTOWN RAILROAD CO., 49

not included in the inventory, and a petition

was filed asking for an additional inventory.
DECEDENTS' ESTATES.

A citation was awarded and the executrix

in her answer claimed the property referred
Decedents' Estates Idministration

to, under the provisions of decedent's will,
accommnt-Source of money in hands of belonged to her.

inust

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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
tory of the personal estate of the decedent

Decedent's estate-Competency of wit-
and file the same in the register's office
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
or knowledge of the executor, he shall make executor brought proceedings against her
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-
der the provisions of the will, the proper gard to her demand for payment to her of
time and place to assert claims is on the set-

her widow's exemption and as to the alleged
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 exemption.
measure of his responsibility to creditors When a widow in her life time has duly
or distributees.

made her demand on the executor of her
-CUMMINGS' ESTATE, 94

husband's estate for payment of her exemp-
Decedent's estates-Widow's exemp-

tion fund, her administrator or executor, af-

ter her death, can collect it from such ex-
tion-Fiduciaries Act 7 June, 1917, Sec-

ecutor.
tion 12 (a).

Where the whole of a decedent's estate has
The right of a widow to claim her exemp been converted into money, a proceeding to
tion out of her husband's estate de pends set aside by an appraisement the widow's ex-
upon the existence of the family relation emption is unnecessary, the proper practice
Where the evidence shows that the decedent is to make an immediate order for the pay-
and his wife had not lived together for six ment of the same.
years prior to his death, but their separa.

-MEADS' ESTATE, 117
tion had been caused by circumstances over
which the wife had no control and did not Decedents' estates-Collateral inheri-
amount to a desertion, but was unavoidable, tance tax on life estate.
the family relation continued and she is en- -WANNER ESTATE, 62
titled to her exemption.
-REISS' ESTATE, 98

DECLARATORY JUDGMENTS.
Decedents' Estates--Orphans' court- Declaratory judgments - Jurisdiction
Suit pending in other court-Claimant of orphans' court-Uniform Declaratory
must present claim in orphans' court-udgments Act of June 18, 1923, P. L.
Jurisdiction.

8.40.
Whether or not a suit is pending in some

The Uniform Declaratory Judgments Act
other court all creditors who have had due of June 18, 1923, P. L. 840, contemplates the
notice are bound to present their claims be- solution of a real controversy between ad-
fore the orphans' court in order to partici-

verse parties, and the courts are not required
pate in the fund for distribution, and which

to answer abstract propositions of law or
is shown as a balance in the executor's ac-

moot questions which are merely academic.
count.

The act does not confer on the courts juris-
The orphans' court has general jurisdiction diction to advise fiduciaries in the discharge
over claimants against estates of decedents

of their duties. The act does not operate
and the funds to be distributed to creditors, where the evil intended to be remedied does
legatees and heirs. This jjurisdiction is not

not exist.
to be ousted by reason of a suit having been

The act of June 18, 1923, P. L. 840, does
filed in some other court, and while the or-

not extend, or in any wise affect, the juris-
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 within it cases, or a class of cases, not pre-
continues as to the fund in the estate to be viously cognizable there; hence, where the
distributed and the portion to be awarded to

court was asked to enter a declaratory judg-
such creditor.

ment touching the validity of a lease, which
Claimant being compelled to present his depended upon whether or not a testament-
claim in the orphans' court cannot be re- ary power of appointment had been proper-
standing that he shall in fact perform the
A declaratory judgment is

80

to

AND

ly exercised, it declined jurisdiction, as the other legal relations and is to be liberally
validity of the lease was a matter to be de- construed and administered. Nevertheless
termined by the court of common pleas, its privileges should be extended only in
whose jurisdiction would not be affected by cases which clearly come within the terms
the fact that its validity would depend upon of the act.
whether the power had been properly exer- A school district can not use part of the
cised.

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.

-PETITION OF DUNMORE SCHOOL DISTRICT
18, 1923, P. L. 840, as such judgment if en-

FOR DECLARATORY JUDGMENT,
tered would not terminate the controversy.
-DUFF'S ESTATE, 21

DEMAND.
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,

-MYERS V. BOYLAN, 39
P. L. 677Repeal of one Act by another
by implication.

DEMURRER.
Uniler the Borough Act of May 14, 1915, Libel-Demirrer-1;ffect of demurrer
P. L. 312, as amended by the Act of June 7,1 - 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,

mnents.
grade, pave, curb, macadamize, or otherwise

-KEEFER V. INTELLIGENCE

NEWS-
improve public streets, or parts thereof, and JOURNAL, 167
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- Detective license Act of May 23.
third to the borough, when said streets, or 1887--Judicial discretion Competency
parts thereof, do not exceed one thousand

and integrity of applicant-Not si!bsti-
feet in length and connect two streets, or
parts of a street theretofore paved and im. uted for public official-Act not to be

used as referendum vote of people.
proved.

The Act of May 23, 1887, P. L. 173, vests in
The Act of June 7, 1923, contains no re-

the court of quarter sessions authority to
pealing clause. It must be considered as an

appoint private detectives, when deemed
enlargement of or an addition to the classi-

necessary and expedient.
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
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- take the place and perform the functions of
nancy or irreconcilable inconsistency.

a constable or police officer.
-PETITION OF WINTON BOROUGH FOR DE- Where the applicant has been a candida e
CLARATORY JUDGMENT, 27

for the office of constable and defeated, the
Declaratory judgment-Act of June court will not set aside the will of the peo-
18, 1923, P. L. 8.10-Schools-Right to ple so publicly declared, by the subterfuge

of pretending to appoint such defeated can-
use balance of bond issue for payment didate a private detective, with the under-
of current expenses.

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functions of a public officer.

a judgment
which simply declares the rights of the par-

The testimony of an applicant to the ef-
ties, or expresses the opinion of the court on

fect that, while serving as chief of polica
a question of law, without ordering anything during the period of two years, he made but

two arrests for liquor law violations, nega-
to be done.

tives his competency as an officer; it being
Tlie Act of June 18, 1923, P. L. 840, is de-

as much the duty of a chief of police to en-
clared to be remedial. Its purpose

force the law, as a constable.
setile and afford relief from uncertainty and

-IN RE APPLICATION OF J. L. TRESSELL FOR
ingamurity with respect to rights, status and A DETECTIVE LICENSE, 133

is to

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