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within the meaning or scope of this lan-
guage; he is not a bailor and he does not
While is may be proper to interpret Clause
(III) with some measure of liberality for the
purpose of protecting the rights of innocent
case which is plainly and clearly outside of
-COMMONWEALTH V. ONE DODGE AUTOMO-
The mortgagee in a chattel mortgage has fence-Merits and law—Statement of
-FRITZ ET UX. V. McGEEHAN, 45
Criminal Law— Interpretation of stat- ISSUE.
Wills_“Issue does not include an
Decedent's estate-Additional intent-
tory-Duty of crecutor-Act of June 7.
1917. P. L. 147
Judgments-Opening and letting de-
have been a warranty, and clearly showed
Where the defendant's testimony in a pro-
ly proven that the cow then was not fresh, material averments of the petition are denied
--ANSTINE V. WILT, ET AL., 165
Judgment-Opening — Corporation
A judgment confessed on a warrant in a
tors to do so. Ordinarily confessing judg-
ment against it is not any part of the power
of an officer of a corporation.
-FINANCE & GUARANTY COMPANY V. E. A.
Rules of court Rule to
strike off judgment for want of affidavit
of defense-Rule for security for costs
-COLT COMPANY V. SHIRK, 5
Declaratory judgments - Jurisdiction
of orphans' court-Uniform Declaratory
-DUFF'S ESTATE, 21
Where judgment is entered upon a written 14, 1915, P. L. 312, and June 7, 1923,
P. L. 677—Repeal of one Act by another
siumption of residence-Service of pro-
cess—Act of April 14, 1851.
-QUINN V. REED, 91
Practice, J. P.-Attachment execution
-SHAPRIS V. PASKAWITCH, 126
Foreign attachment - Statement of
-McBRIDE V. BARTOL ET AL., 127
Libel-Demurrer-Effect of demurrer
- Judgment for plaintiff on demurrer-
Rule to open-Power of court over judg-
INTELLIGENCE AND NEWS-
Practice, C. P.-Partnership-Service
-CHESTER ATUO RADIATOR COMPANY V. SAM
JUSTICE OF THE PEACE.
tion permits an appeal to be taken, it will
not be stricken off.
-DITCHFIELD V. BERNHARD, 68
ages for unlawfı:/ eviction - Act of
March 31, 1905.
A judgment of possession in favor of a
Act of March 31, 1905, P. L. 87, not appealed
from is conclusive as to the right of the
landlord to evict his tenant, and in a sub-
sequent suit by the tenant against the land-
lord to recover damages for unlawful evic-
are properly given to the jury.
If the constable negligently executed the
this cause would be against the constable
and not against the landlord.
Where the tenant occupied a house with
two doors and two street numbers, the fact
that only one of the numbers was mentioned
in the notice was immaterial.
-STEELY V. LORAH, 38
Equity-Landlord and tenant-For-
Defendant was restrained from forfeiting
a lease and ousting plaintiff from possession
previously accepted rent on days later in the
month than the one in question, and had
served no notice on plaintiff that thereafter
the terms of the lease would be strictly en-
forced and a forfeiture declared in case of a
where payment of rent was to be made, the
place of payment was on the demised pre-
mises, and a forfeiture was refused when it A court has control over its own judg-
The court has power to open a judgment
entered for plaintiff on a demurrer in an ac-
Except in cases under the Practice Act of
1915 or in equity, the effect of a demurrer
admits the facts and leads to a judgment
In this case the court opened a judgment
entered for the plaintiff on a demurrer in an
action for libel, on the allegation of the de-
fendant's counsel that the demurrer was filed
under a misapprehension of the law as to
its effect, where otherwise, the next step be-
have been a writ of inquiry under common
law practice to determine the amount of
damages due the plaintiff.
INTELLIGENCE AND NEWS-
in which to bring action is cffected by
-WEINSTOCK V. PENNSYLVANIA RAILROAD
Attorney and clienl-Purchase of real
The Practice Act of May 14, 1915, P. L. VÄGISTRATES.
- Jurisdiction in motor z'chicle cases --
Transcript-Diminution of record-Act
-EXCELSIOR EXPRESS Co., V. CAULK, 88
An order for maintenance is no longer ef-
fective after the parties are divorced al-
though the parties, before the divorce, en-
tered into an agreement that the amount so
married if there should be a divorce. Such
a magistrate or in common pleas.
-COMMONWEALTH V. KINZER, 196
Maintenance Husband and wife portioned. A separate lien must be filed
, portionment of what is due.
A separate petition is necessary on motion
for leave to amend, and should conform to
the requirements of section 51, of Act of
June 4, 1901, P. L. 431.
A deduction or set-off alleged in an affida-
vit of defense must, in order to be of any
avail, be stated with precision and exactness
as to the amount, and the court must be left
and this rule is applicable to an affidavit of
defense filed to a scire facies sur mechanic's
Where an owner of a building in course of
erection accepted materials from a material
man, and in his affidavit of defense to a scire
ranty of the same, and admits the retention
and use thereof, but does not aver that the
tract, he cannot rescind the sale of the ma-
Where an affidavit of defense to a scire fa.
cias sur mechanic's lien avers a set-off for
lars and details in relation to the same, the
--BLA EBAUM V. JULIUS, 149
Alteration and repairs-Acts of 1901
Exceptions were sustained to a sheriff's
In a mechanics' lien proceeding, it was held
robe for a new erection and construction
and not alteration and repairs, where the
rear walls of an old structure were left
standing, but a new building, about 30 by 60
fcet, was built, two stories high. This was