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V.

OF

THE

OF

DIRECTORS

OF

DEPOSITIONS.

Divorce - Jurisdiction of court of
Practice-Rule to take deposition of state in which parties had no residence

Maintenance.
witnesses out of the Commonwealth--
Requirements of petition for such rule- Where a husband, after the court of quar-
Distance of place of taking testimony ter sessions made an order on him for the
from parties.

support of his wife, went to the State of Ne-
-FURBY V. PENNSYLVANIA RAILROAD CO., 89

vada and there procured a decree of divorce,

without his wife having appeared to the pro-
DIRECTORS OF THE POOR.

ceeding or ever having been in Nevada, such

decree of divorce was not a ground for the
Directors of the Poor of York Coun- revocation of the order to maintenance.
IV-Powers, Acts of February 6, 1804, --COMMONWEALTH V. MILLER, 206
* Sm. I. 113, and of pril 17, 1866, P.

Maintenance--Divorce-Agreement to
L. 110.

contine maintenance.
Prior to the special Act of March 20th, -WILLIS DIRECTORS

POOR
1917, P. L. 4, the Directors of the Poor of

YORK CO., 197
the House of Employment for the County of
York, incorporated by the special act of EJECTMENT.
February 6, 1804, 4 Smith's Law, 113, had

Pleading and practice-Equity-Eject-
no power to enter into a contract for the
employment and payment of an architect for ment Title to real estate

Foreign
the preparation of plans for a new alms- judgment-Lien-Creditor's bill.
house; and an architect who was employed

-AMERICAN TRUST CO., V. KAUFMAN, 160
by said directors on November 2nd, 1914,

ELECTIONS
and who prepared such plans cannot recover
from said directors for his services.

Elections--Polling place-Petition to
-WILLIS V.

OF THE POOR
YORK CO., 197

change--Quarter sessions court-County

commissioners --- Jurisdiction - dcts of
DISTRIBUTION

1895, 1903 and 1919.
Mechanic's licn-Sheriff's special re- A petition to change the polling place in
turn-Erceptions to schedule of distri-.in c'ect'on district presented to the quarter
bution-Mortgagee New structure --

sess ons court was quashed for want of jur-

isdiction, where the petition was presented
Alteration and repairs-Acts of 1901

more than three weeks before election, as
and 1905.

under the Act of 1903, P. L. 187, it was a
-EISENERG V. WOLF, 173

inatter for the county commissioners. This

court has jurisdiction to change the polling
DIVORCE.

place when such a change is sought within

hree weeks of an election.
Costs-Divorce-Witness fees-Hear-

Jurisdiction being fundamental, it is the
'ing before master--Appeal.

duty of the court sua sponte to quash a pro-
Witness fees in divorce proceedings are credin; not brought within its statutory au-
taxable as costs and it is immaterial whether 'hority, even when the question is not raised
the hearing is had before a master or in by the parties.
open court. Appeal from prothonotary's re- The quarter sessions court had no power
fusal to tax witness fees as costs sustained. to grant or refuse a petition to change the
-STEWART V. STEWART, 68

polling place in election district filed

more than three weeks prior to an election.
Husband and wife Divorce Void

The Act of 1903, P. L. 187, and the amend-
marriages-Bigamy-dunument L11-

atory Act of 1919, P. L. 769, repealed the Act
nocent or injured party"-Act of April f Vay 18, 1895, P. L. 106, and vested this
14, 1859.

power in the county commissioners. Pro-

ceedings quashed.
A man who goes through the ceremony of

-IN RE POLLING PLACE, 107
marriage with a woman knowing that she
has obtained only an interlocutory decree of ElectionsTownship school board-
divorce from her husband, is not an “inno- Certificate of election--School Code, Sec.
cent or injured party" within the meaning of

222--Q10 warranto.
the Act of April 14, 1859, P. L. 647, and can-
not maintain proceedings for the annulment

In a suggestion for a writ of quo warranto
of the marriage.

the relator set forth that at a township elec-
-MALLON V. MALLON, 179

tion at which there were only two candi-

an

a

dates for school director, she was elected to ceded to establish by adequate legislation
the school board, that she was not declared the future powers and duties of said officer
elected, and that the school board appointed in the administration of said department, be-
the respondent to fill the alleged vacancy. fore it repealed the Act of 1919; therefore,
Respondent opposed the writ because a cer- the authority of the secretary of banking
tificate of relator's election was not excueted under the Acts of 1919 and 1923 was con-
in accordance with Section 222 of the School tinuous for all necessary proceedings in the
Code, and because the relator had not de- administration of the affairs of a bank of
manded admission to the board. Ordering which the Commissioner of Banking had
the writ to issue, Held, (1) that relator's taken possession prior to the approval of the
prima facie right as the successful candidate Act of 1923.
at the election being assented to, the non-

The secretary of banking is a de facto
production of a proper certificate issued in officer, the regularity of whose appointment
accordance with the provisions of Section by the governor can not be inquired into col-
222 of the School Code is immaterial; and

laterally.
(2) that the appointment of respondent by

A detailed statement showing the insol-
the school board was an implied refusal of

vency of the bank and its unsafe and un-
admission to the relator making demand on

sound condition for the transaction of
her part for admission useless.
-COMMONWEALTH

banking business, is a sufficient allegation
EX REL WOLFE V. LE-
VAN, 132

in a bill by the secretary of banking to en-

force the payment of personal liability of
EQUITY.

stock holders of the bank to justify the tak-
Equity -- Jurisdiction Demurrer ing possession of the property of such bank
Bill to enforce personal liability of stock- by the secretary of banking without first

having a formal hearing on the subject or
holders--Filing and recording of certifi-

securing the official approval of the attorney
cate of taking possession of bank-Bank-

general.
ing Act of 1923–Secretary of banking, -CITY BANK, ETC., V. BENTZ, ET AL. 13
powers, &c. --Appointment of secretary

Equity-Accounting-Adequate rem-
of banking questioned collaterally Tak- edy at law.
ing possession of bank without hearing,

Although the Practice Act of 1915 provides
&c. -Administrative Code of 1923 is

an adequate remedy at law for an account-
constitutional

ing, yet this remedy is not exclusive, and a
When special equitable jurisdiction is con-

bill in equity for an accounting may be
ferred by statute, the general rule limiting a

maintained.

-KELLER V. KELLER, 37
plaintiff to his remedy at law does not apply.

Pleading and practice-EquityEject-
Sec. 37 of the Act of June 15, 1923, P. L.

ment -- Title to real estate -- Foreign
809-826 confers upon the courts of common
pleas equitable jurisdiction to enforce the judgment-Lien-Creditor's bill.
payment of personal liability of stock hold-Ejectment is not an exclusive remedy to
ers of an insolvent state bank on bill of test the validity of a conveyance made to
complaint by the Secretary of Banking. hinder, delay or defraud creditors but equity

Where the records of the prothonotary's has jurisdiction where judgment was recov-
office and of the recorder's office of the pro-

ered in a foreign jurisdiction and the credi.

tor's bill did not pray for a restraining order
per county showed that the Secretary of

but that the suit be indexed on the judg-
Banking had filed and recorded a copy of his

ment docket, as it involved title to real es-
certificate that he has taken possession of

tate. In no other way could purchasers or
the property of an insolvent bank, as

mortgagors be notified, and a judgment cred-
quired by Sections 22 and 32 of the Act of

itor, whose judgment was not a lien, had a
June 15, 1923, P. L. 809-820-823, a demurrer right to invoke the aid of a court of equity.
to a bill in equity by the Secretary of Bank-

-AMERICAN TRUST Co., V. KAUFMAN, 160
ing to enforce the payment of the personal

Equily-Landlord and tenant - For-
liability of stock holders of the bank, on the
ground that the bill does not aver the filing

feiture-Rent-Place of payment-De-
and recording of such certificate, was dis-mand-Default-Injunction.
missed.

-MYERS V. BOYLAN, 39
The Banking Act of 1923, P. 'L. 809 took Real estate - Contracts Indefinite
up the department of banking with the Sec- contract-Specific performance-Equity
retary of Banking at its head, as provided in -Statute of frauds and perjuries.
the general administrative code, and pro- |--CASSONE V. WINTER, 78

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re-

EMPLOYER IND EMPLOYEE. FICTITIOU'S NAME.

Emplover and employee--Sale of as- Suit by. fictitions name-Mechanics'
sets and assumption of contracts-Sim- lien - Affidavit of defense -- Practice-

-
ilarity of names.

Acts of we t, 1915, June 28, 1917, and
-NORTH V. YORK METAL ALLOYS Co. (No. May 10, 1921.

-TRISSLER ELECTRICAL SHOP V. WRIGHT, 2

2). 65

EVIDENCE.

FIDUCIARIES.
Maintenance - Erridende - Parol eri-
dence to contradict judicial record

Pleading and practice-- Administrator
Criminal law-Failure to support illegit- of April 26, 1855, P. 1. 309, and Fiduci-

-Action in trespass-Negligence-Act
imate child— Act 11 July, 1917, P. L.
773-Prior acquittal on bastard y charge.

aries Act of 1917, P. I.. 504, Section 35.

-CONROY V. WEISBROD, 136
Parol evidence may not be received to con-
tradict, explain or impair the effect of a ju-
dicial record.

FOREIGN ATTACHMENT.
Under the provisions of the Act 11 July,

Foreign attachment -- Statement of
1917, P. L. 773, a conviction for failure to

claim Affidavit of defence Striking
support a child born out of wedleck will
stand, although the defendant had been ac-

off judgment-Practice, C. P.
quitted of the charge of bastardy because

In foreign attachment proceedings, judg-
the court in which he was tried had no jur- ment cannot be entered for want of an affi-
isdiction owing to the birth of the child

davit of defence if no declaration or state-
having occurred in another state.

ment of claim has been filed.
-COMMONWEALTH V. GOTTSCHALL, 178

The affidavit of cause of action is merely
Replez'in Affidavit of value Eri- a part of the proceeding to bring the defend-
dence-Prothonotarp-New trial.

ant into court, and is not a substitute for
-KRELL V. WINGEROT, ET AL. 36

the statement of claim, which is an essential

part of the proceedings in the action of as-
Guarantors, liability to one another for sumption to determine whether or not the
contribution Position at trial conclu- 'plaintiff is entitled to judgment.
sive-Ezidence to vary a atritten instrut- -McBRIDE V. BARTOL ET AL., 127
ment-Retica of refusal to strike off
l'erbose pleadings.

FORFEITURE.
-KAUFFMAN'S APPEAL, 161

Intoricating liquors-Criminal laa-
EXECUTORS AND ADMINISTRA- Forfeiture of chicle-Statute strictly
TORS.

construed - Chattel mortgage --- Act of

March 27, 1923, P. L. 37.
Wills-Erectors and administrators

-COMMONWEALTH V. MATHIS, 18
-Power of testator to substitute.
-ESTATE OF DAVID CRANDALL, DECEASED, 70

Equity-Landlord and tenant - For-
Decedent's estate-- Additional inten-fciture-Rent-Place of payment-De-
tory-Duty of crecutor-det of Tue 7,

mand-Default-Injunction.
1917, P. I. #17

-MYERS V. BOYLAN, 39
-CUMMINGS' ESTATE, 94
Beneficial association-Benefits pava-

FORTUNE TELLING.
ble to executor or applicable to payment Criminal lari-IndictmentDuforma-
of funcral er penses.

tion-l'ariance betacen information and
-SAMUEL KURTZ, ADMINISTRATOR V: YORK indictment-Fortune telling.
TION, 193

-COMMONWEALTH V. DICE, 41

VOLUNTEER FIREMEN'S RELIEF ASSOCIA-

FRIDS.
Criminal laat Indictmont-Fclonious Contract for the sale of real estate
entry Larceny and receiving stolen modified by oral agreement-Statute of
goods.

FELONIOU'S ENTRY.

frauds.
-COMMONWEALTH V. FRENCH, 101

-ITAMMER V. GROVE, 29

Real estate Contracts Indefinite Where a party on the trial of a case, by
contract-Specific performance--Equity the presentation of a point to the court, took
-Statute of frauds and perjuries.

a certain position, which was also the view
-CASSONE V. WINTER, 78

of the trial court and of the opposite party,

on appeal by the former, the position 80
FUNERAL EXPENSES.

taken was treated as a fixed fact.

Plain words of a written agreement can
Beneficial association-Benefits paya- not be varied by testimony as to what was
ble to erecutor or applicable to payment the “understanding" of a party to the agree-
of funeral expenses.

ment at the time of its execution.
-SAMUEL KURTZ, ADMINISTRATORV. YORK

A written agreement can not be varied by
VOLUNTEER FIREMEN'S RELIEF ASSOCIA-
TION, 193

uncertain testimony of the purpose for which

it was given, obtained by leading questions,
GAMBLING.

without dates or circumstances being given,

without referring to the presence or absence
Contracts- Gambling device

Prises

of the other parties in interest, and without
by lot or chance--Choice or skill-Affi- any reference to the time the party offering
davit of defense-Rule for judgment. the evidence executed the agreement.
A contract for the sale of phonographs to

It is difficult to imagine a case where an
be used for gambling purposes was illegal appellate court would reverse a judgment en-
and unenforceable where plaintiff was the

tered on a verdict, simply because the lower
principal offender. He knew they were ille-

court retused to strike off uunnecessarily
gal, and for the consideration he now sues

verbose pleadings.

-KAUFFMAN'S APPEAL, 161
to recover he placed them on the market,
knowing they would be used as he intended HUSBAND AND WIFE.
them to be used, and in violation of law.

Jlaintenance Husband and wife -


Rule for judgment entered for defendant.

Agreement of separation-Bar to pro-
A lottery is a scheme for the distribution

ceeding for support under Act 13 April,
of prizes by lot or chance. It is a scheme by

1867, P. L. 78.
which a result is reached by some action or
means taken, in which result man's choice or

An agreement between a husband and wife
will has no part, and which human reason,

to live separate and apart, accompanied by
foresight, sagacity, or design cannot enable

or embracing as a part of its terms a reason-
him to know or determine, until the same has

able provision for the wife's support, if not
been accomplished. Any contract intended

fraudulently procured, if based upon a good

consideration, if reasonable in its terms and
to carry such a plan into execution is illegal

actually carried into effect and performed by
and will not be enforced.

both parties, and which has not become null
-EPSTEIN, ETC., V. HOUSTON, 102

and void by acts of the parties (by reconcili-

ation, waiver or abandonment), is a bar to a
GARAGE.

proceeding for support instituted by the wife
Nuisance Automobiles-Public ser in the Quarter Sessions under the Act 13
vice garage in residential district-Build-April, 1867, P. L. 78.

-COMMONWEALTH V. PENGELLY, 129
ing restriction-Injunction.
WHEALEN ET AL. V. SATZ ET AL., 90

Plaintiff's statement - Husband and
wife-Automobiles - Collision State-

-
GUARANTORS.

ment-dverment of wife's agency as
Guarantors, liability !o one another for driver -- Admission Practice Act of
contribution-Position at trial conclu- May 14, 1915.
sive--Evidence to vary a written instru- -WETTER V. SMITH, 35
ment-Review of refusal to strike off

Husband and avife Divorce Void
verbose pleadings.

marriages-Bigam - Annulment "In-

"
Where five persons guaranteed the credit nocent or injured party"-Act of April
of another, and, after the insolvency of the

14, 1859.
debtor and one of the guarantors, two of the

-MALLON V. MALLON, 179
guarantors each paid one fourth, and a third
paid one half of the amount for which the ILLEGITIVI.ITE CHILD.
guarantors were liable, he who paid one half

Maintenance Ex'idence Parol cain
can recover from the fourth guarantor who

dance to contradict judicial record
has paid nothing one fourth of the amount

Criminal law-Failure to support illegit-
for which the guarantors were liable.

ex-

imate child-Act 11 July, 1917, P. L. create a waiver of a plainly expressed stipu-
773Prior acquittal on bastardy charge. lation which the plaintiff knew or ought to
-COMMONWEALTH V. GOTTSCHALL, 178

have known.

An insurance company may waive a con-
INJUNCTION.

dition in its policy by parole, although it con-
Equity-Landlord and tenant For-

tains a stipulation that there shall be no

waiver of any condition except by an
feiture--Rent-Place of payment--De-
mand-Default-Injunction.

pressed agreement endorsed on the policy;

but the mere statement of opinion, expressed
-MYERS V. BOYLAN, 39

by an agent is not enough to constitute such

a waiver.
INSOLVENCY.

Where the owner of an automobile insured
Insolvency -- Petition for receiver -

against personal liability, while the car is
Death of insolvent-Abatement of pro-driven by himself, died before the policy of
ceedings--Act of June 4, 1901.

insurance was delivered to him, and the
Where, pending a petition for the appoint- the automobile, that if she desired, the policy

agent informeed his widow, the legatee of
ment of a receiver in insolvency proceedings
under the Act of June 4, 1901, P. L. 404, the could be made to protect her, if she would
insolvent dies, the proceedings abate, and the indicate the person who would drive the auto-
executor's of the insolvent will not be substi- mobile, and some time later she expressed
tuted for him of record.

her desire to have the benefit of the insur-
Proceedings in insolvency are purely stat- ance under the policy mentioned and named
utory, nd the court in exercising its author- the person who would drive the automobile,
ity is limited by the statute.

and the agent wrote a letter to the general
-MOONEY'S INSOLVENCY, 82

office of the insurance company, giving no-

tice of the death of the insured in the origin-
Insolvency Goods delivered to re-

al policy, of the desire to have the insured
ceiver-Sales-Passing of title-Delizi-

changed, and the name of the person who
ery to carrier-Act of May 19, 1915.

will drive the automobile, there being, how-
-IN RE HESSEL, RECEIVER, 96

ever, no evidence that this letter was received

by the company or that it acted upon the
INSURANCE.

information therein contained, and subse-
Contracts-Insurance against liability quently the agent informed the legatee of the
for injury by automobilevariance of automobile that the interest in the original
policy by paroleSubstitution of insured policy has reverted to her and that no en-
without endorsement on policy-Limita- dorsement or other action was necessary, and

that she might use the automobile, driven by
tion of agent's power-Effect of agent's
conduct on policy.

the person designated by her, with the as-

surance that she would be protected by the
When a person dealing with an insurance policy; and where the policy contained a
agent is by the circumstances put on notice

stipulation that terms should not be
that he is a special agent, or that his powers varied without the written endorsement of
are otherwise limited, such person is bound the officers of the company, and no such en-
at his peril to ascertain and take notice of dorsement had been made: it was Held that
the limitations imposed.

the legatee of the automobile could not re-
General agents of an insurance company cover for damages she had sustained while
have no power to waive any express condi- the automobile was driven by the person de-
tions in the policy.

signated as her driver.
Where a policy of insurance expressly pro- -THOMAS V. EMPLOYERS LIABILITY ASSUR-
vides that an agent can not waive any of its

ANCE CORPORATION, 109
provisions, the only method by which its
conditions can be changed, unless it can be INTEREST.
shown that the company knew of and assent-

Cash bail - det of May 12, 1921, P. L.
ed to the change, is by written endorsement
properly signed.

578-Cash deposited in support of bail

on recognisances Liability of cash
An insurance company may be estopped
by the authorized acts of its agent, or by for payment of costs imposed on defend-
misrepresentations of its general agent; but ant-Failure of court to designate de-
mere statement of opinion, given by an agent pository for cash-Interest.
without the assent of his principal, will not -GILL'S PETITION, 137

its

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