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Divorce Jurisdiction of court of
state in which parties had no residence –
Practice-Rule to take deposition of
witnesses out of the Commonwealth-
Requirements of petition for such rule-
Distance of place of taking testimony ter sessions made an order on him for the
-FURBY V. PENNSYLVANIA RAILROAD CO., 89
DIRECTORS OF THE POOR.
Directors of the Poor of York Coun-
ty-Powers Acts of February 6, 1804,
4 Sm. L. 113, and of April 17, 1866, P.
Prior to the special Act of March 20th,
1917, P. L. 4, the Directors of the Poor of
the House of Employment for the County of
Where a husband, after the court of quar-
support of his wife, went to the State of Ne-
vada and there procured a decree of divorce,
without his wife having appeared to the pro-
ceeding or ever having been in Nevada, such
decree of divorce was not a ground for the
revocation of the order to maintenance.
-COMMONWEALTH V. MILLER, 206
-WILLIS V. DIRECTORS OF THE POOR OF
YORK CO., 197
York, incorporated by the special act of EJECTMENT.
February 6, 1804, 4 Smith's Law, 113, had
no power to enter into a contract for the
employment and payment of an architect for
Pleading and practice-Equity-Eject-
ment Title to real estate
-AMERICAN TRUST CO., V. KAUFMAN, 160
the preparation of plans for a new alms- judgment-Lien-Creditor's bill.
house; and an architect who was employed
by said directors on November 2nd, 1914,
and who prepared such plans cannot recover
from said directors for his services.
-WILLIS V. DIRECTORS OF THE POOR OF
YORK CO., 197
Mechanic's lien-Sheriff's special re-
turn-Exceptions to schedule of distri-
bution-Mortgagee New structure
Alteration and repairs-Acts of 1901
-EISENERG V. WOLF, 173
ing before master-Appeal.
Witness fees in divorce proceedings are
taxable as costs and it is immaterial whether
the hearing is had before a master or in
open court. Appeal from prothonotary's re-
fusal to tax witness fees as costs sustained.
-STEWART V. STEWART, 68
Husband and wife Divorce Void
Elections--Polling place-Petition to
change-Quarter sessions court-County
commissioners - Jurisdiction Acts of
1895, 1903 and 1919.
A petition to change the polling place in
in election district presented to the quarter
sessions court was quashed for want of jur-
isdiction, where the petition was presented
more than three weeks before election, as
under the Act of 1903, P. L. 187, it was a
matter for the county commissioners. This
court has jurisdiction to change the polling
place when such a change is sought within
hree weeks of an election.
Jurisdiction being fundamental, it is the
duty of the court sua sponte to quash a pro-
ceeding not brought within its statutory au-
hority, even when the question is not raised
by the parties.
The quarter sessions court had no power
to grant or refuse a petition to change the
polling place in an election district filed
more than three weeks prior to an election.
The Act of 1903, P. L. 187, and the amend-
"In-atory Act of 1919, P. L. 769, repealed the Act.
nocent or injured party"-Act of April of May 18, 1895, P. L. 106, and vested this
A man who goes through the ceremony of
marriage with a woman knowing that she
has obtained only an interlocutory decree of
divorce from her husband, is not an "inno-
cent or injured party" within the meaning of
the Act of April 14, 1859, P. L. 647, and can-
not maintain proceedings for the annulment
of the marriage.
-MALLON V. MALLON, 179
power in the county commissioners. Pro-
-IN RE POLLING PLACE, 107
Elections Township school board-
Certificate of election--School Code, Sec.
In a suggestion for a writ of quo warranto
the relator set forth that at a township elec-
tion at which there were only two candi-
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-
production of a proper certificate issued in
accordance with the provisions of Section
222 of the School Code is immaterial; and
(2) that the appointment of respondent by
the school board was an implied refusal of
admission to the relator making demand on
her part for admission useless.
-COMMONWEALTH EX REL WOLFE V. LE-
The secretary of banking is a de facto
officer, the regularity of whose appointment
by the governor can not be inquired into col-
A detailed statement showing the insol-
vency of the bank and its unsafe and un-
sound condition for the transaction of a
banking business, is a sufficient allegation
in a bill by the secretary of banking to en-
force the payment of personal liability of
stock holders of the bank to justify the tak-
having a formal hearing on the subject or
-CITY BANK, ETC., V. BENTZ, ET AL. 13
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
holders-Filing and recording of certifi
cate of taking possession of bank-Bank-securing the official approval of the attorney
ing Act of 1923—Secretary of banking,
powers, &c.-Appointment of secretary
of banking questioned collaterally—Tak-
ing possession of bank without hearing,
&c.-Administrative Code of 1923 is
When special equitable jurisdiction is con-
ferred by statute, the general rule limiting a
plaintiff to his remedy at law does not apply.
Sec. 37 of the Act of June 15, 1923, P. L.
809-826 confers upon the courts of common
pleas equitable jurisdiction to enforce the
payment of personal liability of stock hold-
ers of an insolvent state bank on bill of
complaint by the Secretary of Banking.
Where the records of the prothonotary's,
office and of the recorder's office of the pro-
per county showed that the Secretary of
Banking had filed and recorded a copy of his
certificate that he has taken possession of
the property of an insolvent bank, as re-
quired by Sections 22 and 32 of the Act of
June 15, 1923, P. L. 809-820-823, a demurrer
to a bill in equity by the Secretary of Bank-
ing to enforce the payment of the personal
liability of stock holders of the bank, on the
ground that the bill does not aver the filing
Although the Practice Act of 1915 provides
an adequate remedy at law for an account-
ing, yet this remedy is not exclusive, and a
bill in equity for an accounting may be
-KELLER V. KELLER, 37
Pleading and practice-Equity-Eject-
ment -- Title to real estate Foreign
Ejectment is not an exclusive remedy to
test the validity of a conveyance made to
hinder, delay or defraud creditors but equity
has jurisdiction where judgment was recov-
ered in a foreign jurisdiction and the credi-
tor's bill did not pray for a restraining order
but that the suit be indexed on the judg-
ment docket, as it involved title to real es-
tate. In no other way could purchasers or
mortgagors be notified, and a judgment cred-
itor, whose judgment was not a lien, had a
right to invoke the aid of a court of equity.
-AMERICAN TRUST CO., V. KAUFMAN, 160
Equity-Landlord and tenant-For-
feiture-Rent-Place of payment-De-
and recording of such certificate, was dis-mand-Default-Injunction.
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
Suit by, fictitious name-Mechanics'
Employer and employce-Sale of as-
sets and assumption of contracts-Sim- lien-Affidavit of defense-Practice-
ilarity of names.
Acts of June 4, 1915, June 28, 1917, and
-NORTH V. YORK METAL ALLOYS CO. (NO. May 10, 1921.
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.
Parol evidence may not be received to con-
tradict, explain or impair the effect of a ju-
Under the provisions of the Act 11 July,
1917, P. L. 773, a conviction for failure to
-TRISSLER ELECTRICAL SHOP V. WRIGHT, 2
Pleading and practice-Administrator
-Action in trespass-Negligence-Act
of April 26, 1855, P. L. 309, and Fiduci-
aries Act of 1917. P. L. 504, Section 35.
-CONROY V. WEISBROD, 136
Foreign attachment-Statement of
support a child born out of wedlock will claim-Affidavit of defence - Striking
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.
-COMMONWEALTH V. GOTTSCHALL, 178
Affidavit of value
-KRELL V. WINGEROT, ET AL. 36
ment of claim has been filed.
The affidavit of cause of action is merely
Evi- a part of the proceeding to bring the defend-
ant into court, and is not a substitute for
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-Evidence to vary a written instru- |-MCBRIDE V. BARTOL ET AL., 127
ment-Review of refusal to strike off
Intoxicating liquors-Criminal law-
EXECUTORS AND ADMINISTRA- Forfeiture of vehicle-Statute strictly
Wills-Executors and administrators
-Power of testator to substitute.
-ESTATE OF DAVID CRANDALL, DECEASED, 70
construed-Chatte! mortgage-Act of
March 27, 1923, P. L. 34.
-COMMONWEALTH V. MATHIS, 18
Equity-Landlord and tenant-For-
Decedent's estate-Additional inven- feiture-Rent-Place of payment-De-
tory-Duty of executor-Act of June 7, mand-Default—Injunction.
1917, P. L. 417.
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.
-CASSONE V. WINTER, 78
Beneficial association-Benefits paya-
ble to executor or applicable to payment
of funeral expenses.
-SAMUEL KURTZ, ADMINISTRATOR V. YORK
VOLUNTEER FIREMEN'S RELIEF ASSOCIA-
a certain position, which was also the view
of the trial court and of the opposite party,
on appeal by the former, the position so
taken was treated as a fixed fact.
Plain words of a written agreement can
not be varied by testimony as to what was
the "understanding" of a party to the agree-
ment at the time of its execution.
A written agreement can not be varied by
uncertain testimony of the purpose for which
it was given, obtained by leading questions,
without dates or circumstances being given,
without referring to the presence or absence
of the other parties in interest, and without
Contracts Gambling device. Prizes
by lot or chance--Choice or skill-Affi- any reference to the time the party offering
davit of defense-Rule for judgment.
A contract for the sale of phonographs to
be used for gambling purposes was illegal
and unenforceable where plaintiff was the
principal offender. He knew they were ille-
gal, and for the consideration he now sues
to recover he placed them on the market,
knowing they would be used as he intended
them to be used, and in violation of law.
Rule for judgment entered for defendant.
A lottery is a scheme for the distribution
of prizes by lot or chance. It is a scheme by
the evidence executed the agreement.
It is difficult to imagine a case where an
appellate court would reverse a judgment en-
tered on a verdict, simply because the lower
court refused to strike off uunnecessarily
-KAUFFMAN'S APPEAL, 161
HUSBAND AND WIFE.
Maintenance-Husband and wife-
Agreement of separation-Bar to pro-
ceeding for support under Act 13 April,
1867, P. L. 78.
An agreement between a husband and wife
to live separate and apart, accompanied by
or embracing as a part of its terms a reason-
able provision for the wife's support, if not
fraudulently procured, if based upon a good
which a result is reached by some action or
means taken, in which result man's choice or
will has no part, and which human reason,
foresight, sagacity, or design cannot enable
him to know or determine, until the same has
been accomplished. Any contract intended
to carry such a plan into execution is illegal consideration, if reasonable in its terms and
and will not be enforced.
-EPSTEIN, ETC., V. HOUSTON, 102
actually carried into effect and performed by
both parties, and which has not become null
and void by acts of the parties (by reconcili-
ation, waiver or abandonment), is a bar to a
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.
-WHEALEN ET AL. V. SATZ ET AL., 90
-COMMONWEALTH V. PENGELLY, 129
Plaintiff's statement Husband and
wife-Automobiles Collision State-
ment-Averment of wife's agency as
Guarantors, liability to 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 wife Divorce Void
Where five persons guaranteed the credit nocent or injured party"-Act of April
of another, and, after the insolvency of the
debtor and one of the guarantors, two of the
guarantors each paid one fourth, and a third
paid one half of the amount for which the ILLEGITIMATE CHILD.
guarantors were liable, he who paid one half
can recover from the fourth guarantor who
Maintenance-Evidence - Parol evi-
has paid nothing one fourth of the amount dence to contradict judicial record
for which the guarantors were liable.
Criminal late-Failure to support illegit-
Insolvency-Petition for receiver-
An insurance company may waive a con-
dition in its policy by parole, although it con-
tains a stipulation that there shall be no
waiver of any condition except by an ex-
pressed agreement endorsed on the policy;
but the mere statement of opinion, expressed
by an agent is not enough to constitute such
Where the owner of an automobile insured
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.
Where, pending a petition for the appoint-
ment of a receiver in insolvency proceedings
under the Act of June 4, 1901, P. L. 404, the
insolvent dies, the proceedings abate, and the
executors of the insolvent will not be substi-
tuted for him of record.
Proceedings in insolvency are purely stat-
utory, nd the court in exercising its author-
ity is limited by the statute.
-MOONEY'S INSOLVENCY, 82
Insolvency -Goods delivered to re-
ceiver-Sales-Passing of title-Deliv-
ery to carrier-Act of May 19, 1915.
-IN RE HESSEL, RECEIVER, 96
Contracts Insurance against liability
for injury by automobile-variance of
policy by parole-Substitution of insured
without endorsement on policy-Limita-
tion of agent's power-Effect of agent's
conduct on policy.
When a person dealing with an insurance
agent is by the circumstances put on notice
that he is a special agent, or that his powers
are otherwise limited, such person is bound
at his peril to ascertain and take notice of
the limitations imposed.
General agents of an insurance company
have no power to waive any express condi-
tions in the policy.
Where a policy of insurance expressly pro-
vides that an agent can not waive any of its
provisions, the only method by which its
conditions can be changed, unless it can be
shown that the company knew of and assent-
ed to the change, is by written endorsement
An insurance company may be estopped
insurance was delivered to him, and the
agent informeed his widow, the legatee of
the automobile, that if she desired, the policy
could be made to protect her, if she would
indicate the person who would drive the auto-
mobile, and some time later she expressed
her desire to have the benefit of the insur-
ance under the policy mentioned and named
the person who would drive the automobile,
and the agent wrote a letter to the general
office of the insurance company, giving no-
tice of the death of the insured in the origin-
al policy, of the desire to have the insured
changed, and the name of the person who
will drive the automobile, there being, how-
ever, no evidence that this letter was received
by the company or that it acted upon the
information therein contained, and subse-
quently the agent informed the legatee of the
automobile that the interest in the original
policy has reverted to her and that no en-
dorsement or other action was necessary, and
that she might use the automobile, driven by
the person designated by her, with the as-
surance that she would be protected by the
policy; and where the policy contained a
stipulation that its terms should not be
varied without the written endorsement of
the officers of the company, and no such en-
dorsement had been made: it was Held that
the legatee of the automobile could not re-
cover for damages she had sustained while
the automobile was driven by the person de-
signated as her driver.
V. EMPLOYERS LIABILITY ASSUR-
ANCE CORPORATION, 109
Cash bail-Act of May 12, 1921, P. L.
548-Cash deposited in support of bail
on recognizances Liability of cash
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