226 INDEX OF CASES REPORTED FOREIGN CORPORATION. Foreign corporation-Doing business in the State. -SEEBURG PIANO Co. v. WYOMING VALLEY FRAUD. Gift-Confidential relations—EquityConstructive fraud. -GILBERT'S ADMR. V. GLATFELTER, 9 Novation-Affidavit of deftnse-Oral agreement Statute of frauds. -EBERLY V. STOBER (No. 2), 28 GAME LAWS. Certiorari-Appeals - Allowance by the court-Game laws. -COMMONWEALTH V. MANN, 50 GIFT. Gift-Confidential relations—Equity— Constructive fraud. A settlement made by a parent on a child will always be presumed to be free from suspicion because it is the natural course for property to take. Where a gift or transfer of property was entirely consistent with honesty and good faith, and no advantage was taken of the donor or assignor, equity will not interfere. Where one who made her home for many years with her daughter and the latter's husFraud-Sale band and held the son's-in-law note for money loaned by her to him, assigned and of real estate for grossly inadequate price-Power of court to set aside sales. -PETITION OF HANOVER TRUST COMPANY, TRUSTEE, ET AL., 162 delivered the note to her daughter, the maker's wife, without consideration, and the inthere was no evidence of fraud, imposition tegrity of the transaction was shown and or confidential business relations between the parties, a bill in equity by the administrator of the payee of the note against the daughter Executors-Discretion to sell real es- and her husband for the re-delivery of the tate-Constructive fraud. -BUCHER'S ESTATE, 165 FRAUDULENT CONVERSION. Criminal law-Fraudulent conversion -Trust receipt-Charge on reputation. -COMMONWEALTH V. RICHLEY, 17 Embezzlement by agent-Fraudulent conversion. note or the payment of the amount thereof, was dismissed. -GILBERT'S ADMR. V. GLATFELTER, 9 GUARDIAN. Decedents' estates- Exemption for children-Payment of exemption to maternal grandmother without appointment of guardian. -McGOVERN'S ESTATE, 14 HABEAS CORPUS. -COMMONWEALTH V. DIEHL, 114 FULL FAITH AND CREDIT. Coroners-Inquest - Witness — Contempt-Refusal to appear-EvidenceWitness Privilege - Crime-Habeas Section 1, Article 4 of Constitution of corpus-Judgment of judicial officerU. S.-Full faith and credit to judicial Review. proceedings of other states-Foreign at--COMMONWEALTH EX REL. KELLEY V. tachment. Section 1, of Article 4, of the Constitution of the United States, requires that full faith WARDEN OF JAIL, 82 Parent and child-Habeas corpus and credit be given in each state to the judi- Custody of boy 5 years of age. cial proceedings of every other state. Judgment can not be entered against a garnishee in a foreign attachment, where, at the time the attachment was served upon him, he owed the defendant a certain sum of money and subsequently proceedings were begun by the defendant in the attachment and judgment was entered against him there for the full amount owing by him to the defendant in the attachment, which he duly paid. against him in a circuit court of Maryland -LEE V. KNIGHT, 121 -COMTH. EX. REL. HOUCK V. HOUCK, 207 HUSBAND AND WIFE. Feme sole trader-Contributions by husband-Order of court-Evidence by husband and wife-Incompetent—Rights of petitioner. A petition to be declared a feme sole trader was granted, where the husband had not contributed for more than a year to the At the hearing on a petition to be declared reaffirmed by the wife, after the death of Defendant is liable to the brokers under Execution attachment-Bank deposit should have been permitted to testify against Husband and wife-Estate by the en- each other. It his been said that the pro- Husband and wife-Joint ownership A bond and mortgage given to a husband er and is entitled to possession of the bond In an action of replevin by a surviving hus- allegation in the affidavit of defense that it wife should each own half of the mortgage is insufficient and does not change their inter- -HINDEN V. MCCLAIN, EXECUTOR, 127 tireties-Technical parties-Pleading. -BUSINESS REALTY CO. V. DICKSON, 30 Bridges-Inter-county toll bridges- Preliminary questions to popular sub- -RULER V. COUNTY OF YORK, ET AL., 37 INHERITANCE TAX. Taxation-Inheritance tax-Life es- Where husband and wife contract with a the contract. 228 INDEX OF CASES REPORTED To exempt a legacy from the payment of garage-Search without warrant-Sup an inheritance tax, it must be expressly stated that it is given free of tax, or, in the absence of such express statement, the intent must necessarily be implied from the language used. Where a testator gives money legacies, estates for life and an estate in remainder, names the same trust company as executor and trustee and directs "that all inheritance taxes upon my estate, both as to life estate and the estate in remainder, shall be paid by my executor in due course," the trust company qua executor must pay the taxes on the money legacies and life estates, and the company qua trustee must pay the tax on the remainder upon the termination of the life estates. Testator's mere statement that the executor shall pay the tax, without any directions as to how it shall be ultimately charged, makes applicable the general principle that each legatee must pay his own tax. -TALLMAN'S ESTATE, 202 INJUNCTIONS. pression of evidence-Constables-Right of arrest-Act of March 27, 1923. A constable may arrest, without a warrant, for the unlawful transportation of intoxicating liquor in his presence, where, on receiving information that defendant intended to procure and transport certain liquor, he followed defendant's car to the latter's private garage, and immediately after the car had stopped in the garage, he rushed in and arrested defendant, who was in the car and in possession of a bag found to contain liquor. Under such circumstances, there is no unreasonable search and seizure within Article I, Section 8, of the Constitution of Pennsylvania, and defendant is not entitled to have the evidence suppressed. A constable may arrest without a warrant upon reasonable suspicion, founded on his own knowledge or information from others that a felony has been committed or such a breach of the peace as would probably result in a felony, but he may not arrest, without a warrant, for an ordinary misdemeanor, Equity-Injunction-Theatrical exhi- unless present at its commission. bition-Parties-Action by public author ities. —COHN V. NIXON-NIRDLINGER, ET AL., 112 -COMMONWEALTH V. BRENNEMAN, 102 JUDGMENT. Equity Real estate Injunction Judgment-Confessed on note payable -Alley-Right of way appurtenant to to maker-Striking off-Non-negotiable land-Acceptance by borough-Vacation of alley-Right of abutting owner. note. Authority in a promissory note to confess judgment before the date of the maturity of the note renders it non-negotiable; and the fact that judgment was not entered until after the maturity of the note does not make it a negotiable instrument. A note payable to the maker is not on its face an obligation to pay any one; but if the maker-payee endorses it, and passes it to another by simple delivery, the note is the same as if it had been made payable to the maker or bearer. Where a judgment note is made payable to the order of the maker, and the maker enddorses it and delivers it to another, and the latter enters judgment thereon, the judgment on a rule to strike off. is good on its face and cannot be stricken off Judgment-Opening judgment-Bond for costs by non-resident plaintiff-Right of defendant to such bond where confessed judgment has been opened. Where a confessed judgment has been opened on application of defendant, defendant is not entitled to require a non-resident plaintiff to file a bond for costs. -GALLONIA V. CIALLELIA, 6 and it became functus officio had no applicaamended declaration averring that defendant held over after the expiration of the tion, where plaintiff was allowed to file an lease. Rule to open judgment refused. -SIKOV V. WELLAND, 101 Judgments Opening-Requisites Promise to forgive debt. Where an application is made to open a Judgments-Entry of Striking off judgment, the relief demanded is in equity Warrant of attorney. In entering judgment on a warrant of attorney, the authority given thereunder must be strictly followed or the judgment cannot be sustained, and when the warrant authorizes an attorney of record to enter judgment after default and no averment of default is filed and no indication tending to establish such delinquency, the record is defective. -JORDAN V. KIRSCHNER, 59 Affidavit of defense-Judgment for want of affidavit of defense-Rule to strike off judgment-Defective statement. A judgment for want of an affidavit of defense may be stricken off if the plaintiff's statement does not disclose a legal claim. There is no legal claim enforceable by suit where there is nothing due. Where a statement of claim asserts that a sum certain is due, but an exhibit attached to the statement shows that the sum is not then due, it is insufficient to require an affidavit of defense, and if a judgment is en case and the applicant must make out a which would justify a chancellor in entering the decree. Where a defendant in a confessed judgment asks to have the judgment opened and to be let into a defense on the ground that the plaintiff had promised to for give the debt in consideration of his marrying another and "settling down," and the evidence in the depositions shows that at the time of the alleged promise he was in fact married, the ground alleged is not sufficient to warrant the court in opening the judgment. A promise to forgive in con sideration of the re-marriage of a man already married is not binding upon the prompublic policy. isor, since the agreement is void as against Neither the failure of the plaintiff to press the defendant for payment nor the fact that the plaintiff acted at the behest of other people would justify the opening of a confessed judgment. -SNYDER V. EBBERT, 123 Judgment-Petition for satisfactionPayment to plaintiff after assignment— tered for want of an affidavit of defense, it Notice by mail of assignment. may be stricken off. -CONTINENTAL JEWELRY CO. V. CAPIN, 81 The law casts upon the assignee of a bond or judgment note the duty of notifying the Judgments-Amount due not shown by obligor or promisor in order to protect his warrant of attorney-Warrant of attor ney. The power of a prothonotary to enter judgment upon an instrument containing a warrant of attorney for that purpose, conferred by the Act of February 24, 1806, sec. 28, 4 Sm. L. 278, is limited to "the amount which on the face of the instrument may appear to be due." Where no specific amount is authorized and where the amount for which judgment is entered cannot be determined by calculation from the fact of the writing, the prothonotary has no power to enter judgment for any amount, and in such case the judgment entered by the prothonotary must be stricken from the record. -FINANCE & GUARANTY CO. V. MITTLEMAN MOTOR CO., 95 rights thereof and prevent the extinguishment of the debt by payment to the obligee or promisee. An assignment of a judgment on record is not constructive notice thereof to the debtor; hence, payment by him to the obligee before notice of the assignment is good. Testimony that a notice was deposited in the United States post office in an envelope properly addressed with the sender's return address thereon, and that it was not returned to the sender is prima facias evidence that the notice was received by the person to whom it was addressed; but evidence by the latter that he did not receive the notice is positive evidence of its non-receipt. On petition to the court to satisfy a judgment, where the judgment was assigned by the plaintiff and the assignee testified he had mailed to the defendant notice of the assign Judgment-Confessed on lease-War- ment, and the defendant testified that he had rant of attorney-Functus officio Amended declaration. On a rule to open a judgment confessed on a warrant in a lease, the doctrine that a judgment confessed exhausted the warrant not received the notice, and it appeared that after the alleged notice was mailed the assignee received part payment through the plaintiff and it was not shown that the assignee took any further steps to bring notice of the assignment to the defendant, and it being shown that the judgment was paid in 230 INDEX OF CASES REPORTED full to the original plaintiff, the court made JURISDICTION. -DIEHL, FOR USE OF CONRAD V. FICKES, Maintenance-Liability of child for support of parent-Liability of fiduciary -Act of 1915-Effect of joinder by disClaim of county. Judgments-Striking off-Certificate tributee upon trustee-Jurisdiction of residence. No authority is given to the courts to strike off judgment that has been entered without a certificate as to the residence of the plaintiff. CO. V. -TITLE TRUST GUARANTEE & HERSHBERGER & SELAH, 167 Justices of the peace-Time of entry of judgment-Notice of CertiorariLaches-Transcript-Opening judgment on-Acts of March 22, 1877, P. L. 13 and June 24, 1885, P. L. 160. -NISSLEY V. BINKLEY, 51 A child is liable for the support of her mother at a State hospital. The Commonwealth may not obtain an order against a fiduciary having charge of a legacy distributable to a child or other relative of an inmate of a State hospital. A distributee, by her joinder, cannot waive rights of a trustee, nor confer jurisdiction upon the court where such jurisdiction did not otherwise exist. The orphans' court has no jurisdiction of cases arising between a legatee and a stran ger to the estate. The Act of June 1, 1915, P. L. 661, as amended by the Act of May 10, 1921, P. L. 438, does not permit the county to pro-rate Lunatics-Estates of-Custody of law with the Commonwealth in a proceeding in-Judgments-Not a lien. -ENGLISH COMMITTEE, ETC., V. BANK, 32 stituted by the Commonwealth under said acts against a daughter for the support of her lunatic mother. In such case said act applies only in relief of the Commonwealth -COMMONWEALTH TRUSTEE, 125 V. YORK TRUST CO., Pleading and practice-Assumpsit for and not in aid of the county. an account-Affidavit of defense—Plaintiff's reply-Judgment-Practice Act of 1915. -DUGGAN V. DUGGAN, 63 Judgment-Lease-Landlord and tenant-Peaceful and beneficial enjoyment of premises-Eviction-Evidence. -KAUFMAN V. CAPLAN, 88 Criminal law Jurisdiction-Issuing of check without sufficient funds in bank. -COMMONWEALTH V. HELLER, 26 Appeal from magistrate-Jurisdiction -Practice-Acts of May 14, 1915, P. L. Jurisdiction-Declaratory judgments-483, April 14, 1921, P. L. 144, and March Act 18, June, 1923, P. L. 840-Construc- 5, 1925, P. L. 23. tion-Orphans' court. -FREDERICK'S ESTATE, 98 Actions-Second suit on same contract -Installments of interest-Failure to include whole claim-Remedy exhausted -Judgment for defendant. -HAZZARD V. IVORY, 110 JUDICIAL NOTICE. -LUTZ V. FREY, 60 Boroughs-Claim of against property owner for curbing-Assumpsit-Jurisdiction of magistrate-Notice-Practice -Affidavit of defense-AmendmentActs of May 14, 1915, P. L. 426, and March 5, 1925, P. L. 23. -BORO. OF STRASBURG V. ALEXANDER, 72 Jurisdiction of magistrate-Amount in June 30, 1919, P. L. 678, and July 7, 1879, P. L. 194-Automobile collisionDamages. Road law-Duty of county to repair-volved-Acts of June 14, 1923, P. L. 718, Abandoned turnpike road-State highways-Acts of June 2, 1887, P. L. 306, April 20, 1905, P. L. 237, April 25, 1907, P. L. 104, May 10, 1909, P. L. 499, March 15, 1911, P. L. 21, and May 31, 1911, P. L. 468-Evidence-Judicial notice-Existence of roads. -COM. EX REL. WALKER V. CENTRE -WENGER V. DULL, 79 Jurisdiction-Declaratory judgmentsAct 18, June, 1923, P. L. 840—Construction-Orphans' court. --FREDERICK'S ESTATE, 98 |