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so adjusted that they could be used together. sets and assion ption of contracts—Sim-
-NORTH V. YORK METAL ALLOYS CO. (NO. 2),
Mechanics' liens-Ict ! June, 1901, P. NEW TRIAL.
New tria!-Impeachment of verdict--
Ifler-discovered evidence- Intoxication
by the declarations of a juror as to what
matter to the attention of the court at once.
The trial of a case is under the inspection
A witness may be asked, when on the
stand, upon cross-examination, whether he
had been convicted of a crime or not, for the
purpose of affecting his credibility, or the
other side may introduce the record that he
has been convicted of a crime, without in-
terrogating the witness upon the subject.
-COMMONWEALTH V. WILSON, 33
Now trial granted because irrelevant
matter may have influenced jury-The
cretion of the trial court.
Where, in the trial of a case, irrelevant
matter was brought before the jury, and the
court was in great doubt as to the extent to
which this matter influenced the minds of
court will not interfere with the inherit ex-
authority, except in cases
where the record shows unmistakable
abuse of discretion.
-RIEST V. WOGAN, 69
Practice-New trial on court's own.
On a rule for judgment n. 0. V., the court,
could not be entered, but that a new trial
should be awarded, of its own motion, en-
Cered a rule to show cause why a new trial
should not be granted.
-AMERICAN INSULATION CO., INC. V. BEST. 140
Such use, at the instance of the owners of
properties in the neighborhood, will be en-
An indictment charging that a supervisor
furnished his own team for work on a town-
ship road and accepted pay for the same,
charges an offence under section 66 of the
Act of March 31, 1860, P. L. 400, although it
is not averred that there was any corrupt
or dishonest intent or unfairness in the price
charged for the services.
was ORPHANS' COURT.
Orphans' court – Jurisdiction - Sub-
On a demurrer to a petition in the orphans'
court, raising the question of the jurisdiction
A demurrer to a petition in the orphans'
court does not raise “a sub tantial dispute"
within the intendment of the act of assem-
he orphans' court to the common pleas in
mertain cases in which there is a substan-
A fact is properly said to be in disput
when it is alleged by one party and denied
mere naked allegation without
evidence or against the evidence, cannot cre-
ate a dispute within the meaning of the law.
A substantial dispute exists when a con-
Cusion of fact to be drawn from the testi-
is one about which reasonable men
might honestly differ.
The orphans' court has jurisdiction of a
petition averring that an executor has in h's
custody, as executor, certain shares of the
capital stock of certain corporations which
were pledged, by the petitioner to the tes-
tator in his life time, and which the executor
contends are the unqualified property of the
the executor from disposing of the same un-
til further order of the court, and ordering
him to deliver the same to the petitioner
upon the payment of the debt for which the
-GREENAWAY'S ESTATE, 169
of orphans' court-Uniform Declaratory
Judgments Act of June 18, 1923, P. L. ency of the averment, the admission did the
defendant no harm.
-WETTER V. SMITH, 35
Plaintiff's statement-Endorsement of
claims for damages-Particulars of neg-
ligence must be shown.
A plaintiff's statement which does not have
endorsed thereon address within the
county where all papers are to be served,
A reason in support of a motion to strike
general terms that the statement lacks "con-
ciseness," without pointing out specifically
the alleged defect, is too general, and will
Claims for damages in a plaintiff's state-
mestic help," etc., are not within the re-
quirements of the Practice Act.
In a suit in trespass where the charge is
negligence arising out of alleged acts of
omission, the grounds of complaint must be
tiff's statement; facts must be averred suf-
ficient to show that a duty required by law
has been breached or neglected by the de-
fendant, and plainly to indicate the casual
connection between this breach or neglect
and the injury complained of.
-DIEHL V. STEWARTSTOWN RAILROAD CO., 19
Plaintiff's statement-Want of neces-
sary particulars-Striking off
A plaintiff's statement in an action to re-
cover the cost of erecting a dwelling house,
modifications of the contract, full particu-
lars of the materials and labor so furnished
must be set out.
Such a statement, where the additional
Plaintiff's statement-llotion to strike
Electric wires-Necessity to inspect
electric wires-Averment of ownership ant paid for all the goods, less two per cent
of the specified price; that nine car loads
were not paid within ten days, without in-
were not so paid; and claiming the two per
cent deducted from the price of the nine
car loads, is uncertain and will be stricken
A plaintiff's statement, the body of which
is in typewriting, with interlincations in ink,
without any explanation whether the inter-
-PENN PAPER STOCK CO. V. YORK PAPER
ment-Affidavit of defense not required
- Motion to strike off, when too late,
service of copy.
-PRENTZEL, TRUSTEE V. SNYDER, 25
-FRITZ ET UX. V. McGEEHAN, 45
Plaintiff's statement Practice De-
Acts of Jwe 16, 1836, P. L. 719, May
14, 1815, P. L. 483, and April 10, 1921,
--CROYLE V. GROFF & WOLF CO., 95
Practice, C. P.-Plaintiff's statement
-DOMBROWSKI V. WALCZLGLOWA, 122
-STICK V. GROVE, 164
The defendant's set off or counter claim is
to be regarded as his statement of claim, and
the same way that an original
P. L. 144.
under the authority contained in Section 21 fense set up thereto; and where the defense
includes alleged contacts and arrangements
between the parties, followed by a series of
ness relations and financial obligations from
some latitude must be allowed in setting the
taining such paragraphs in a counter-claim
was stricken off.
-REICHARD V. PARIS, 125
Pleading and practice--Administrator
- lction in trespass—Negligence-Act
aries Act of 1917, P. L. 504, Section 35.
fendant. The Act of April 26, 1855, P. L. 309,
is not disturbed by the 35th Section of the
eral averments of negligence-Striking
them by such evidence as he can produce.
The Practice Act of 1915, P. L. 483, re-
A plaintiff's statement in which the neglig-
ence charged was averred in general terms,
without particulars, was stricken off.
of sale-Set-off-Affidavit of defense.
-BLAEBAUM V. JULIUS, 149
Guarantors, liability to one another for
-KAUFFMAN'S APPEAL, 161
Afidavit of defense — Pleading and