ALLEGHENY COUNTY CASES AS REPORTED IN THE

PITTSBURGH LEGAL JOURNAL WITH THEIR PARALLEL CITATIONS TO THE DISTRICT AND COUNTY REPORTS

BY

TSEGAYE BERU BA, MLIS, JD

ASSISTANT DIRECTOR FOR PUBLIC SERVICES

DUQUESNE LAW SCHOOL CENTER FOR LEGAL INFORMATION/ ALLEGHENY COUNTY LAW LIBRARY

JULY 2001

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1891-92 Collins v. Dispatch Publishing Co., 39 PLJ 290 (1891-92), 1 PA D 773 (1892). Libel - Office of innuendo and colloquium - Evidence - Opinion of Witnesses. Commonwealth v. Bruner, 39 PLJ 349 (1891-92), 1 PA D 641 (1892). Criminal law - New Trial - Statements by Counsel. Commonwealth v. Jones, 39 PLJ 201 (1891-92), 1 PA D 29 (1892).

Wholesale liquor license - Repeal by implication - Acts of May 24, 1887 and June 9, 1891.

Commonwealth v. Tierney, 39 PLJ 397 (1891-92), 1 PA D 17 (1892). Liquor license - Incorporated social clubs - Sale above cost - Act of May 13, 1887. Dunkel v. Dunkel, 39 PLJ 335 (1891-92), 1 PA D 683 (1892). Divorce - Cruel Treatment - Pleading - Amendment - Practice, C.P. Estate of Simcox, 39 PLJ 378 (1891-92), 1 PA D 653 (1892). Wills - Probate - Forgery - Evidence. In Re Lutz's License, 39 PLJ 369 (1891-92), 1 PA D 306 (1892).

Liquor licenses - Brewers and Wholesalers - Number to be granted to single applicant - Acts of May 24, 1887 and June 9, 1891.

McClelland v. Rush, 39 PLJ 431 (1891-92), 1 PA D 370 (1892). Landlord and Tenant - Lease - Parol Renewal - Statute of Frauds. Meyer v. Cadwalader, Collector, 39 PLJ 191 (1891-92), 1 PA D 274 (1892).

New trial on account of unfair newspaper articles, Presumption of jury seeing articles in newspapers, Waiver of Right to move for new trial on particular ground.

Pennsylvania Railroad Co. v. Braddock Electric Railway Co. #2, 39 PLJ 413 (1891-92), 1 PA D 626 (1892). Highways - Electric railways - Constitutional law - Act of May 14, 1889. Youghiogheny River Coal Co. v. Pierce, et al., 39 PLJ 348 (1891-92), 1 PA D 809 (1892). Equity - Injunction - Lateral railroads - Act of July 5, 1883.

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1892-93 Beaver County v. Geneva College, 40 PLJ 86 (1892-93), 2 PA D 70 (1893). Taxation - Exemption - Colleges - Act of May 14, 1874. Commonwealth ex rel. v. Dalzell, 40 PLJ 69 (1892-93), 1 PA D 657 (1892).

Corporate Elections - Ownership of Stock - How Evidenced - Certificate and stock book prima facie evidence- Proxies - Act of May 7, 1889.

Commonwealth v. Huggins, 40 PLJ 290 (1892-93), 2 PA D 329 (1893). Criminal law - Costs - Power of jury over - Plea of once in jeopardy. Commonwealth v. O'Donnell, 40 PLJ 77 (1892-93), 2 PA D 131 (1893). Criminal law - Bail - Murder - Riot. Commonwealth v. Redshaw, 40 PLJ 100 (1892-93), 2 PA D 96 (1893). Disorderly Conduct - What constitutes the same. Commonwealth v. Stewart, 40 PLJ 59 (1892-93), 2 PA D 43 (1893).

Criminal law - Wilful neglect of minor child - Definition of neglect and wilful - Act of June 11, 1879.

Dickson v. Porter, 40 PLJ 237 (1892-93), 2 PA D 159 (1893). Application of the statute of limitations by way of analogy. Estate of Clements, 40 PLJ 35 (1892-93), 2 PA D 341 (1893). Distribution – Proof of interest. Estate of Miller, 40 PLJ 200 (1892-93), 2 PA D 335 (1893).

Appeal from probate of will – One appeal only is allowed – Party having notice is bound thereby.

Estate of Steel, 40 PLJ 189 (1892-93), 2 PA D 459 (1893). Legacies – Charge on land – Blending of real and personal estate in residuary bequest – Interest – Fraud – Inadequate consideration.

First Independent Ladies' Aid Society of Bloomfield, 40 PLJ 105 (1892-93), 1 PA D 754 (1893).

Corporations – Married women – Corporation composed entirely of – Acts Feb.24, 1859, April 29, 1874, April 19, 1879, and Married Women’s Act of 1887.

Guaranty Trust & Safe Deposit Co., to use, v. Powell, 40 PLJ 15 (1892-93), 1 PA D 247 (1893). Practice – Assigned estate – Unauthorized use of assignee’s name – Discontinuance. Hess, Ritchie & Co. v. Monier, et al., 40 PLJ 44 (1892-93), 1 PA D 606 (1892).

Penalties – Description of offence – Amendments before justice of the peace – Act of May 21, 1885.

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Homestead Strike Cases, 40 PLJ 106 (1892-93), 1 PA D 785 (1892). Treason – Against the Commonwealth of Pennsylvania defined – Act of March 31, 1860, P.L. 385 – The sudden act of a mob not treason.

New Castle Northern Railway Co. v. New Castle & Shenango Valley Railroad Co., 40 PLJ 61 (1892-93), 1 PA D 768 (1892). Railroads – Ejectment for part thereof – Public policy – Fraud – Remedies. Oil City v. Oil City Trust Co., 40 PLJ 127 (1892-93), 1 PA D 661 (1892). Taxation – License fees – Police power – Act of June 30, 1885. Pierce v. Hacke, et al., 40 PLJ 8 (1892-93), 1 PA D 517 (1892).

Incorporation – Act April 29, 1874 – Certificate of Incorporation – Failure to record – Corporation de facto – Estoppel – Individual liability of stockholder.

Ralston v. Ralston, 40 PLJ 254 (1892-93), 2 PA D 241 (1893). Divorce – Bigamy a ground – Scienter of guilty party – Act of 1815. Zane v. Rosenberry, 40 PLJ 379 (1892-93), 1 PA D 436 (1892). Right of burgess to preside at council’s meetings – Act of 1871. 1893-94 City of Pittsburgh v. Madden, 41 PLJ 283 (1893-94), 3 PA D 771 (1894).

Certiorari – Limitation – Suit for penalty – Jurisdiction – Local statute ordinance – Notice of entry of Judgement.

Commonwealth v. Feinberg, 41 PLJ 131 (1893-94), 3 PA D 361 (1894).

Hawking and Peddling – Goods of their own manufacture – Agents – Act of March 29, 1867.

Davis v. Davis, 41 PLJ 46 (1893-94), 2 PA D 621 (1893). Divorce – Desertion in another state. Enfield v. Squires’ Hardware Co., 41 PLJ 368 (1893-94), 3 PA D 349 (1894).

Justice of the Peace – Attachment against nonresident debtor – Jurisdiction – Act of May 8, 1874.

In Re Assistant Assessors #1, 41 PLJ 312 (1893-94), 3 PA D 252 (1894).

Township Officers – Act of April 15, 1834 – Borough Officers – Act of April 3, 1851 – Repeal – Act of Feb. 14, 1889.

In Re Assistant Assessors #2, 41 PLJ 313 (1893-94), 3 PA D 254 (1894).

Borough and township officers – Election – Acts of April 15, 1834, April 3, 1851, and Feb. 14, 1889.

In Re Beaver Falls Election, 41 PLJ 334 (1893-94), 3 PA D 677 (1894). Constables – Term of – Appointment – Act of Feb. 14, 1889.

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In Re Iowa Street, 41 PLJ 468 (1893-94), 3 PA D 509 (1894). Streets – Owner of land within Act of May 16, 1891. In Re McKenzie's Election, 41 PLJ 76 (1893-94), 2 PA D 518 (1893). Election Officers – Eligibility – Acts of June 13, 1840 and June 19, 1891. Leone v. Hammond, 41 PLJ 368 (1893-94), 3 PA D 351 (1894). Certiorari – No execution for costs on reversal. Lindsay v. Bridgewater Gas Co., 41 PLJ 276 (1893-94), 3 PA D 716 (1894). Insurance – Set off – Damages for negligence. McDermott v. City of New Castle, 41 PLJ 97 (1893-94), 3 PA D 221 (1894). Street Damages – Essentials of report of viewers – Act of May 16, 1891. Robinson v. Montgomery, 41 PLJ 194 (1893-94), 3 PA D 661 (1894). Practice, C.P. – Demurrer – Insufficient statement. Taylor v. W.H. Brown & Sons, 41 PLJ 110 (1893-94), 3 PA D 570 (1894).

Service on agent of non-resident defendant – Essentials of Return – Practice, C.P. – Return of service must show essentials – Approval form of return under Act of 1852.

-1894-95- Batley v. Foederer, 42 PLJ 112 (1894-95), 3 PA D 167 (1894). Commonwealth ex rel v. Dauphin County Commissioners, 42 PLJ 84 (1894-95), 3 PA D 584 (1894). Collectors of Taxes – Bonds of. Commonwealth ex rel v. Cornelius, 42 PLJ 69 (1894-95), 3 PA D 680 (1894).

Assessors – Single election districts – One accessor for wards in boroughs – Townships of more than one district – elect assistants – Term of assessors – Term of Assistant assessors.

Commonwealth ex rel v. Yeakel, 42 PLJ 107 (1894-95), 3 PA D 665 (1894).

Boroughs – Wards – Residence of councilmen – Act of May 10, 1878 – Removal during term – Effect of – Quo warranto.

Cornell v. Beaver County, 42 PLJ 262 (1894-95), 3 PA D 783 (1894).

Constitutional Law – Art. Iii, sec. 13 of const. – Fees of justices and constables – Act of May 23, 1893.

Davis' Nomination, 42 PLJ 206 (1894-95), 3 PA D 824 (1894). Election Law – Objections to nominations.

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Estate of Fow, 42 PLJ 35 (1894-95), 3 PA D 316 (1894). Executors’ accounts – Lumping chargers without vouchers. Executor and trustee – Renewal of lease or license belonging to testatrix. Retention of Rentals by executrix – Penalty therefor.

Estate of McCormick, 42 PLJ 91 (1894-95), 3 PA D 838 (1894). Collateral inheritance tax – Grant of land in consideration of maintenance. Gannon v. Widman, 42 PLJ 248 (1894-95), 3 PA D 835 (1894).

Dower – Not divested by sale in voluntary bankruptcy. Dower – Jurisdiction, C.P., inequity. Endowments as of time of assignment. Dower – mesne profits – Damages.

In Re Election of Little Beaver, 42 PLJ 75 (1894-95), 3 PA D 685 (1894).

Elections – Ballots must be prepared in official booths – Name may be inserted in official blank at right of ballot. Blanket printed slips are not permitted.

Meadville v. Hummel, 42 PLJ 177 (1894-95), 3 PA D 780 (1894). Cities of third class – Board of health – License – Police regulation. Mellon v. Allegheny County, 42 PLJ 18 (1894-95), 3 PA D 422 (1894). Taxation – Temporary structures in producing oil not liable. O'Neill v. Insurance Co., 42 PLJ 97 (1894-95), 3 PA D 778 (1894).

Fire insurance – Standard Policy – Act of April 16, 1891 – Interpretation thereof. Agency – Waiver of.

Simpson v. Cameron, 42 PLJ 62 (1894-95), 3 PA D 612 (1894). Mechanics’ liens – Joinder of claims. Practice C.P. Stevenson v. Hanyon, 42 PLJ 381 (1894-95), 4 PA D 395 (1895). Religious exercises – Constitution, art. X, sec. 2. -1895-96- Anderson v. Pittsburgh & Lake Erie Railroad Co., 43 PLJ 470 (1895-96), 5 PA D 400 (1896).

Negligence – Contractual relation between plaintiff and defendant – Failure to establish – Non-suit.

Bauer v. Rihs, 43 PLJ 18 (1895-96), 4 PA D 583 (1895).

Practice – Judgement – Lost warrant of attorney. Attorney-at-law – Authority to confess judgement.

Bell v. Oakdale Borough, 43 PLJ 317 (1895-96), 5 PA D 198 (1896).

Constables – Service of summons on defendant – When fatally defective. Justices of the peace – Judgement by default – Requisites to justify – Act of March 20, 1810, P.L. 212.

Byers v. Pennsylvania Railroad Co., 43 PLJ 447 (1895-96), 5 PA D 683 (1896).

Constitutional Law – Limitation of Actions – Personal injuries – Statutes – Construction – Act of 1895 – Constitution of Pennsylvania.

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Carlisle v. Rankin, 43 PLJ 364 (1895-96), 5 PA D 246 (1896). Justice of the Peace – Right of defendant to appear by agent – Practice. Commonwealth v. Hartzell, 43 PLJ 264 (1895-96), 5 PA D 148 (1895). Constitutional Law – Title of Statutes – Requisites thereof. Commonwealth v. Moore, 43 PLJ 143 (1895-96), 4 PA D 649 (1895). Statutes - Constitutional Law – Livery Stable Keepers. Commonwealth v. Pfaff, 43 PLJ 254 (1895-96), 5 PA D 59 (1896). Liquor law – Selling to minors – Act of March 31, 1856 – Indictment – Sufficiency thereof. Commonwealth v. Wood, 43 PLJ 181 (1895-96), 5 PA D 179 (1896). Criminal law – Computation of time – Statute of limitations – Indictment. Dippel v. Cullom, 43 PLJ 311 (1895-96), 5 PA D 216 (1896). Parol agreement for sale of land – Damages for breach – What allowed. Echard v. Fayette County, 43 PLJ 461 (1895-96), 5 PA D 371 (1896).

Deputy coroner – Fees – Mileage – Act of May 9 , 1889, P.L. 162 – Constitutional Law – Act of May 9, 1889 – Case stated practice.

Estate of Gillespie, 43 PLJ 222 (1895-96), 5 PA D 65 (1896). Will – Republication of by parol – Married woman. Estate of Heyer, 43 PLJ 90 (1895-96), 4 PA D 756 (1895). Widow’s exemption – Sale of real estate – Jurisdiction, O.C. Estate of McClurg, 43 PLJ 82 (1895-96), 4 PA D 655 (1895).

Jurisdiction, O.C. – Sale of real estate – Distribution. Municipal liens – Validity – Registered owner.

Franz v. Riehl, 43 PLJ 401 (1895-96), 4 PA D 627 (1895), 5 PA D 565 (1896).

Parent and child – Right of mother to sue for minor’s wages. Minors – Wages – Rights of mother.

Gillespie v. Keating, 43 PLJ 362 (1895-96), 5 PA D 484 (1896). Execution – Priority – Sheriff’s sale – Distribution. Execution – Assignment for creditors – Distribution.

Gold v. Gleason, 43 PLJ 10 (1895-96), 4 PA D 603 (1895). Landlord and Tenant – Distraint on goods removed – replevin. Heptasoph Building & Loan Association v. Linhart, 43 PLJ 94 (1895-96), 4 PA D 620 (1895).

Building and loan associations – Authority to issue paid up stock. Object and purpose of building associations.

In Re Millvale Borough Annexation, 43 PLJ 411 (1895-96), 5 PA D 726 (1896). Boroughs – Annexation of – Statutes – Constitutional law.

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In Re The American Banking & Trust Co., 43 PLJ 213 (1895-96), 4 PA D 757 (1895).

Orphans’ Court – Jurisdiction as to security. Constitutional Law – Distribution of governmental functions – Jurisdiction of courts. Statutes – Act of 1895, P.L. 343, unconstitutional – surety company.

Kerr v. Sharpsburg & Kittanning Turnpike Co., 43 PLJ 354 (1895-96), 5 PA D 564 (1896).

Turnpikes – Tolls – Collection thereof. Act of April 20, 1874, P.L. 85 – Act of April 30, 1879, P.L. 35 – Certiorai – Essentials of record.

Long v. Goodwin, 43 PLJ 449 (1895-96), 5 PA D 335 (1896).

Attachment under Act of July 12, 1842, P.L. 345 – Certiorari – Affidavit, sufficiency of – Sufficiency of affidavit. Bond – Plaintiff may sign by another's hand.

Lord & Co. v. The Toby Valley Supply Co., 43 PLJ 450 (1895-96), 5 PA D 290 (1896).

Sheriff’s Costs – Foreign attachment – Expense of preserving goods – When allowed to sheriff. Wage claims – Preferences – Wages not earned within six months of sale – Transfer of goods – What does not constitute.

Melaney v. Atkins, 43 PLJ 124 (1895-96), 4 PA D 644 (1895).

Practice, C.P. – Actions against receivers – Leave of Court. Practice, C.P. – Service on a witness attending court.

Morris v. Hainer, 43 PLJ 133 (1895-96), 4 PA D 635 (1895). Municipal liens in cities of third class – Effect of judicial sales. Murray v. Vaughn, 43 PLJ 422 (1895-96), 4 PA D 631 (1895).

Landlord and Tenant – Wrongful distraint – Trespass – Unlocking door – Words and phrases – Legal force.

Ripple v. Keast, 43 PLJ 205 (1895-96), 5 PA D 31 (1896).

Justice of the Peace – Practice, C.P. – Motion to dismiss – Certiorari – Jurisdiction – Claim for consequential damages.

Schultzman v. McCarthy, 43 PLJ 169 (1895-96), 5 PA D 10 (1896). Statutes – Repeal – Illegal fees by justice – Remedy. Thomas v. School District of Henry Clay Township, 43 PLJ 365 (1895-96), 5 PA D 230 (1896). Teaching on legal holidays – Compensation not recoverable – Act of May 31, 1893. Wood v. Boyle, 43 PLJ 263 (1895-96), 5 PA D 193 (1896). Libel – Death of Plaintiff after verdict – Effect thereof - Practice.

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1896 - 97 Bodnarik v. National Slovanic Society, 44 PLJ 460 (1896-97), 6 PA D 449 (1897).

Beneficial Associations – Power to designate beneficiaries- Rule in Pennsylvania. Beneficial Associations – Death Benefits – Power to designate beneficiaries outside of lawful heirs.

Clark's Son & Co. v. Pittsburgh Natural Gas Co., 44 PLJ 301 (1896-97), 6 PA D 173 (1896).

Equity – Practice – When an appeal is a supersedeas – Discretion of court. Receivers – Appeal from appointment – Supersedeas.

Commonwealth v. Livingston, 44 PLJ 153 (1896-97), 5 PA D 666 (1896).

Practice, Q.S. – Defect in indictment – Arrest of judgement. Criminal law – Indictment – Variance – Amendment – Practice, Q.S. – Criminal law – Practice, Q.S. – Remarks of counsel.

Commonwealth v. Phillipi, 44 PLJ 461 (1896-97), 6 PA D 426 (1897). Criminal law – Gambling – Common gambler defined. Dawson v. Kirby, 44 PLJ 234 (1896-97), 6 PA D 13 (1897).

Justice of the Peace – Jurisdiction – Practice, C.P. – Attachment for wages – Act of 1842. Attachment for wages – Defective return. Words and Phrases – “Property” defined by Act of 1842.

Estate of Gannon, 44 PLJ 398 (1896-97), 6 PA D 541 (1897). Statute of limitations – Tolling of – When provision in will sufficient acknowledgement. Foster v. Strayer, 44 PLJ 390 (1896-97), 6 PA D 333 (1897).

Act of 1876 – Unconstitutionality of – Class legislation – Con Law – Wages of manual labor – Appeals from judgements for – Construction of Act of 1876 – Effect of Act of 1879, extending jurisdictions of magistrates – Bail absolute –Magistrate’s Courts, Conflict of statutes. Concurrent jurisdiction –of magistrates and courts of Common Pleas under Act of 1879.

Fraser v. Allegheny County, 44 PLJ 412 (1896-97), 6 PA D 380 (1897).

Criminal Law – Criminal Procedure – Act of March 31, 1860, P.L. 427, construed costs, Requisition Papers – Right of officer executing to compensation for services.

Gillespie v. Keating, 44 PLJ 328 (1896-97), 5 PA D 484 (1896).

Execution – Priority – Sheriff’s sale – Distribution. Execution – Assignment for creditors – Distribution.

Graham v. Blank & Welsh, 44 PLJ 320 (1896-97), 6 PA D 133 (1897).

Practice, C.P. – Judgement for want of appearance. Practice, C.P. – Requirements as to notice of statement field.

Gregg v. Krebs, 44 PLJ 193 (1896-97), 5 PA D 779 (1896). Computation of Time – Within Five Days – Interview Sunday not counted.

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Harvester Co. v. Hodge, 44 PLJ 424 (1896-97), 6 PA D 378 (1897). Jurors – Integrity of verdict – Policy of the law. In Re Naturalization, 44 PLJ 121 (1896-97), 5 PA D 597 (1897). Naturalization – Obligation of state courts to act. Naturalization – Essential Prerequisites. In Re Ohio Valley Gas Co., 44 PLJ 321 (1896-97), 6 PA D 200 (1897).

Oil and gas lines – Petitioner for – Location of proposed line. Eminent domain – Foreign corporation – When invested with the right of.

Karnes v. Rosena Furnace Co, et al., 44 PLJ 195 (1896-97), 5 PA D 752 (1896).

Execution attachment – Attachment of wages for boarding – Exemption. Jurisdiction – Right to question at any time – Limit of this right.

Klein v. The Livingston Club, 44 PLJ 179 (1896-97), 5 PA D 85 (1897). Liquors – Right of clubs to sell to minors – License. Kuhn v. Ogilvie, 44 PLJ 161 (1896-97), 6 PA D 102 (1897).

Married woman – Mortgage – Validity of collection clause – Mortgage – General collection clause – Liquidation of damages.

Laird v. Wack, 44 PLJ 111 (1896-97), 5 PA D 606 (1896). Taxes – Lien of – Acts of May 22, 1895, P.L. 111, and June 2, 1881, P.L. 45. Meade, Trustee, v. Israel & Son, 44 PLJ 423 (1896-97), 6 PA D 389 (1897).

Opening judgements – Feigned issues – Acts of 1836 and 1846 – Evidence – Fraud – Duty of Court. Practice, C.P. – Opening judgements – Feigned issue – Evidence – Duty of Court.

Murphy v. Fayette County, 44 PLJ 413 (1896-97), 6 PA D 506 (1897). Constables’ fees – Service of subpoenas – Act of May 23, 1893, P.L. 117. Palmer v. Leader Publishing Co., 44 PLJ 300 (1896-97), 6 PA D 182 (1897).

Practice, C.P. – New Trials – Province of Court and jury. Libel – Nominal damages – Vindicatory damages.

Pittsburgh & Birmingham Traction Co. v. Seidell, 44 PLJ 441 (1896-97), 6 PA D 414 (1897).

Corporations – Street railways – Power of. Corporations – Street railways - Contracts of – Right to lease space in – Cars for advertising purposes – Ultra vires. Corporations – Powers of. Corporations – Contracts of – Ultra vires – Estoppel.

Ritchey v. Ritchey, 44 PLJ 434 (1896-97), 6 PA D 406 (1897).

Divorce – Evidence – Admissions of husband – Adultery – Divorce – Evidence – Adultery – Value of testimony as to resemblance of child to punative father.

Saxman Bros. v. Perkins, 44 PLJ 369 (1896-97), 6 PA D 548 (1897).

Practice, C.P. – Transcript of justice – Control of record in common pleas. Transcript of justice – Presumption of regularity – Motion to strike off.

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Sewickley School District v. Osborne School District, 44 PLJ 440 (1896-97), 6 PA D 211 (1897). School law – Constitutional law – Statutes – Act of 1895. Smithko v. Pittsburgh & Western Railway Co., 44 PLJ 17 (1896-97), 5 PA D 543 (1896). Eminent domain – Railroads – Right to condemn land for water station or reservoir. Taylor v. Bowling, 44 PLJ 103 (1896-97), 5 PA D 605 (1896).

Taxes – Lien thereof – Acts of June 2, 1881, P.L. 45, and May 22, 1895, P.L. 111. Constitution, art. Iii, sec. 48 – Act of May 22, 1895, P.L. 111.

Young v. Lynch, 44 PLJ 289 (1896-97), 6 PA D 348 (1897).

Remainders – Tenancy by curtesy in – Necessity of termination of particular estate during coverture. Act of 1833 – Construction of – Birth of issue – Necessity of wife’s seisin.

1897 - 98 Booth & Flinn v. McCance, 45 PLJ 197 (1897-98), 7 PA D 454 (1898). Execution – Distribution – Priority of liens – Wage claims. Brace Bros. v. Pennsylvania Water Co., 45 PLJ 277 (1897-98), 7 PA D 71 (1898).

Water companies – Requirements of law as to quality of water furnished – Definition of “pure water” – Construction of Acts of April 29, 1874, P.L. 73, and June 2, 1887, P.L. 310 – Corporations. Water companies – Duty to filter. Water companies – Liability of, for supplying impure water – Duty to filter.

Commonwealth v. Ainsworth, 45 PLJ 146 (1897-98), 6 PA D 707 (1897).

Divorce – Effect of decree of foreign state, where respondent never had a domicile – Conflict of laws – Criminal law – Desertion and non-support.

Commonwealth v. Brown, 45 PLJ 179 (1897-98), 6 PA D 773 (1897).

Constitutional law – Act of July 15, 1897 – Mining law – Personal rights –Liberty of contract.

Commonwealth v. Ferree, 45 PLJ 118 (1897-98), 6 PA D 639 (1897). Justice of the Peace – Summary conviction – Appeals. Commonwealth ex rel. United Presbyterian Women's Association of North America v. Heckert, 45 PLJ 296 (1897-98), 7 PA D 186 (1898).

Building law – Location of hospitals – Act of June 10, 1887 – Constitutional Law – Special Legislation. Hospitals – Location of –Remedy where building inspector refuses to issue permitunder Act of 1895 – Appeals – Powers of Board of Appeal.

Cook & Sons v. Dolan, et al., 45 PLJ 24 (1897-98), 6 PA D 524 (1897).

Strikes and trade unions – Camping and meetings – Marching and counter-marching upon public highways. Patrolling in squads and the use of opprobrious epithets.

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Crawford v. Ligonier Borough, 45 PLJ 328 (1897-98), 7 PA D 176 (1898). Taxation – Dog tax – Statutes – Act of 1889 not a repealing statute. Delp v. Hoffman & Co., 45 PLJ 315 (1897-98), 7 PA D 256 (1898).

Trespass – Landlord and tenant – Liability of leased chattels to distress – Liability of owner for removing same after levy under landlords warrant – Treble damages – Necessity of knowledge of distress.

Deni v. Pennsylvania Railroad Co., 45 PLJ 31 (1897-98), 6 PA D 15 (1897). Negligence – Cause of Action – Family Relation – Burden of proof. Dunns v. Cutter, 45 PLJ 189 (1897-98), 6 PA D 666 (1897).

Mechanic’s lien – Sub-contractors – What claim must show – Necessity of specifying items furnished under sub-contract – When claimant presumed to be a sub-contractor – Practice, C.P.

Estate of Ferris, 45 PLJ 444 (1897-98), 7 PA D 425 (1898).

Inn-Keepers - Nature of European plan hotel. Decedent's estates - Claim of proprietor of "European hotel" not preferred.

Estate of Grimm, 45 PLJ 34 (1897-98), 6 PA D 21 (1897). Will - Construction - Conflicting clauses - Potentiality of later cause. Estate of Hough, 45 PLJ 147 (1897-98), 6 PA D 623 (1897). Partition - Liability of c0-tenants in possession for rent. Estate of Voetter, 45 PLJ 355 (1897-98), 7 PA D 230 (1898).

Assignment for benefit of creditors - Right of holders of notes endorsed by assignor and falling due after date of assignment, to participate in distribution.

Fletcher v. Fletcher, 45 PLJ 357 (1897-98), 7 PA D 476 (1898).

Divorce - Attachment for costs - Requisites of petition - Practice, C.P. Divorce - Attachment for costs - Powers of court.

Fredericks, et ux. v. Hanover Fire Insurance Co., 45 PLJ 259 (1897-98), 7 PA D 79 (1898).

Husband and wife - Individuality of each under present laws - Effect of statutes as to married women - Testimony of husband and wife is that of two witnesses - Evidence - Act of May 23, 1887, P.L. 158, construed.

Gordon v. Fulmer, 45 PLJ 317 (1897-98), 7 PA D 368 (1898).

Mechanic's liens - No-lien building contracts - Act of June 26, 1895, P.L. 369, construed - The necessity of proper record - Duty of owner.

Griffin v. Pittsburgh Supply Co., 45 PLJ 129 (1897-98), 6 PA D 624 (1897).

Certiorai - Attachment execution - What record of magistrate must show - Act of April 15, 1845, P.L. 459. Certiorai - When writ will be allowed after statutory period has expired.

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Guest v. Philadelphia Company, 45 PLJ 99 (1897-98), 6 PA D 594 (1897). Costs - Bills of - Alteration and correction of - Practice, C.P., Costs - Attorneys - Powers and duties of as to bills and costs. Costs - Attorneys - Witnesses - Remedy of witness where fees are reduced by Attorney and reduced amount only collected - practice, C.P.

Hamburger Co. v. Friedman, 45 PLJ 137 (1897-98), 6 PA D 693 (1897).

Constitutional Law - Act of July 9, 1897 - Defective title of - Personal rights - Compelling witness to give evidence against himself - fraudulent debtors.

Hook v. McCune, 45 PLJ 110 (1897-98), 6 PA D 611 (1897).

Decedents' estates - Liens against - Sales of real estate for debts - Act of Feb. 24, 1834, sec. 24, P.L. 77, construed. Decedents' estates - Act of Feb. 24, 1834, sec. 24 - "Action" defined.

In Re Society Principesso Montenegro Savoya, 45 PLJ 42 (1897-98), 6 PA D 486 (1897).

Corporations - Incorporation of - Inability of aliens to be incorporators - Necessity of conducting business in English language. Corporations - Application for charter - Articles of association - By-laws - Practice, C.P.

Jeannette Borough v. Eschallier, 45 PLJ 383 (1897-98), 7 PA D 268 (1898). Municipal law - Sewers - Power to regulate - Boroughs. Kittanning Academy v. Kittanning Borough, et al., 45 PLJ 87 (1897-98), 6 PA D 603 (1897). Exemption from taxation - Public charities - Act of May 14, 1874, P.L. 158. Liquor Dealers' Petition, 45 PLJ 16 (1897-98), 6 PA D 723 (1897). Liquor selling - Special election - District within which prohibited. McCann v. Barr, 45 PLJ 155 (1897-98), 6 PA D 721 (1897). Drunkenness - Fines - Police power to search prisoner for money - Right to retain fine. McCarthy v. Sykes, 45 PLJ 377 (1897-98), 7 PA D 243 (1898).

Landlord and Tenant - Recovery of possession upon non-payment of rent - Practice. Landlord and Tenant - Service of notice - When defective.

Neal v. McElhenny, 45 PLJ 153 (1897-98), 6 PA D 679 (1897).

Ejectment - Laches - Non pros - Effect of lond delay in prosecuting suit after new trial granted by Supreme Court.

New York & Cleveland Gas Coal Co. v. City of Pittsburgh, et al., 45 PLJ 162 (1897-98), 6 PA D 122 (1897).

Contract - Default in delivery - Excuse of overwhelming cause - Act of God. Contracts - "Strike clause" - Effect of condition not to be contemplated. Contract - Relief from penalties - Overwhelming conditions. Municipal law - Contracts -Bidder's duty to examine specifications.

Piper v. Piper, 45 PLJ 280 (1897-98), 7 PA D 135 (1898). Attachment execution - Fund in hands of master in partition attachable.

13

Ridgeway v. Speelman, 45 PLJ 327 (1897-98), 7 PA D 290 (1898) Husband and wife - Slander - Liability of husband for torts of wife - Act of June 8, 1893 construed.

Riley v. Phillips, Nimick & Co., Garnishees, 45 PLJ 462 (1897-98), 7 PA D 398 (1898).

Certiorari - Partnership - Service of attachment execution upon. Certiorari - Attachment execution before justice - Answers to interrogatories binding upon alderman unless traversed and hearing had.

Serena v. Guilfoy, 45 PLJ 290 (1897-98), 7 PA D 141 (1898).

Wages - Attachment of for boarding - Necessity of precedent judgement.

Von der Ahe's Petition, 45 PLJ 267 (1897-98), 7 PA D 131 (1898).

Principal and surety - Right of bail to remove principal from one State to another for purpose of surrender - Due process of law. Principal and surety - Rights of bail to surrender principal - Office of bail-piece.

Wilhelm's Assigned Estate, 45 PLJ 105 (1897-98), 6 PA D 236 (1897).

Partition - Jurisdiction, O.C. - Act of March 13, 1847, P.L. 319.

1898 - 99

Allegheny County Commissioners v. Kelly, 46 PLJ 403 (1898-99), 8 PA D 290 (1899).

Taxation - Mortgages held as collateral security not taxable.

Appeal of City of Pittsburgh, 46 PLJ 373 (1898-99), 8 PA D 641 (1899).

(Different Cases) Bank of Pittsburgh v. Zweidinger, 46 PLJ 161 (1898-99), 7 PA D 694 (1898).

Mortgages - Default in payment of - When scire facias may issue - Act of 1705, 1 Sm. Laws, 59.

Commonwealth ex rel. v. Bane, 46 PLJ 307 (1898-99), 8 PA D 518 (1899).

Habeas corpus - Minor child - Lawful custody.

14

Commonwealth v. Townley, 46 PLJ 4 (1898-99), 7 PA D 413 (1898).

Criminal Law - Statutes - Practice of medicine - Registration. Criminal Law - Doctors' licenses - Words and Phrases - Transient office.

Contested Election of Jenkinson, 46 PLJ 123 (1898-99), 7 PA D 598 (1898).

Election laws - Contested elections - Requisites of petition - Practice, Q.S. Election laws - Contested elections - Amendments to petition - When allowable under Act of May 19, 1874, P.L. 210.

Estate of Hazlett, 46 PLJ 376 (1898-99), 8 PA D 201 (1899).

Evidence - Compulsory production of defendant's books. Evidence - Assignment for creditors - Assignor's property in his books.

Estate of Mount, 46 PLJ 180 (1898-99), 7 PA D 713 (1898).

Recognizance - Payment of money into court - Practice, O.C.

Estate of Moran, 46 PLJ 454 (1898-99), 8 PA D 315 (1899).

Practice, C.P. - Lunacy - Adjudications of partial accounts.

City of Pittsburgh v. Hannon, 46 PLJ 333 (1898-99), 8 PA D 188 (1899).

Taxation - Assessment of taxes - Registry of lots - Name of registered owner not essential to the validity of tax lien - Necessity of same upon scire facias - Practice.

Heckel v. Heckel, 46 PLJ 239 (1898-99), 8 PA D 27 (1899).

Divorce - Adultery - Proof of by participant insufficient.

In Re Springfield Borough, 46 PLJ 99 (1898-99), 7 PA D 559 (1898).

Eminent domain - Enlargement of school site - Powers of school directors.

Inskeep v. Hook, 46 PLJ 386 (1898-99), 8 PA D 241 (1899).

Jurisdiction, C.P. - Admiralty - Bill for receiver for a towboat - Demurrer.

La Ross v. Allegheny County, 46 PLJ 410 (1898-99), 8 PA D 301 (1899).

Constitutional law - Class legislation - Act of May 15, 1893, P.L. 83 - Mines and mining - Municipal law - County not liable for physician's services to persons suffering personal injuries in mines who are unable to pay therefor.

Nelson Morris & Co., 46 PLJ 141 (1898-99), 7 PA D 607 (1898). Attachment - Imprisonment for debt - Act of July 12, 1842, P.L. 339.

15

Rankin v. City of Pittsburgh, 46 PLJ 82 (1898-99), 8 PA D 489 (1898). Municipal law - Street assessments - Property abutting on part of street already opened is not assessable for improvements to other portions of same street. Municipal law - Street assessments - When damages for change of grade are assessable - Act of may 26, 1891, P.L. 117 construed.

Shannon v. Shannon, 46 PLJ 90 (1898-99), 7 PA D 552 (1898). Divorce - Desertion - Separation caused by imprisonment. Singer v. Caldwell, 46 PLJ 121 (1898-99), 7 PA D 583 (1898).

Practice, C.P. - Affidavits must distinctly aver facts and not be evasive. Practice, C.P. - Affidavit insufficient in allegations of defective evidence title. Vendor and Vendee - Sale by co-tenant - Statutes of limitations. Mortgage - Defect in evidence of title as a defense.

Vogt v. The Covenant Building & Loan Association, 46 PLJ 223 (1898-99), 7 PA 768 (1898). Practice, C.P. - Foreign attachment - Motion to quash - Foreign receiver. Winkler v. Commonwealth, 46 PLJ 168 (1898-99), 7 PA D 696 (1898). Sunday law - Fishing - Constitutional law - Statutes. -1899-1900- Appeal of City of Pittston, 47 PLJ 157 (1899-1900), 8 PA D 641 (1899).

Road law - Changing streets - Act of May 16, 1891 - Right of city to Appeal. Road law - Defective appeal from award of viewers.

Boggs v. Select & Common Councils of Monongahela City, 47 PLJ 154 (1899-1900), 9 PA D 594 (1900).

Mandamus - When same lies against public officers. Deliberate bodies - Elections - Right to change common law rule that majority of these voting is sufficient to elect.

Bradley v. Clearfield & Mahoning Railroad Co., 47 PLJ 119 (1899-1900), 8 PA D 493 (1899). Execution - Costs as part of the judgement - Practice, C.P. City of Allegheny v. Dietrich, 47 PLJ 88 (1899-1900), 8 PA D 570 (1899).

Municipal Corporation - Liens for street improvements - Repeal of ordinance - Duty of City - Attorney fee as part of costs, under Act of May 16, 1891.

Commonwealth v. Kerbey, 47 PLJ 162 (1899-1900), 8 PA D 671 (1899). Wife desertion - Liability of husband for support - Not barred by Statute of Limitations. Commonwealth ex rel. Attorney General v. Griest, 47 PLJ 51 (1899-1900), 8 PA D 468 (1899).

Proposed Constitutional Amendments require executive approval. Public officers not required to incur unauthorized expense.

16

Commonwealth ex rel. Jones v. Blackley, 47 PLJ 375 (1899-1900), 9 PA D 381 (1900).

Municipal law - Townships - Constitutional Law - Special legislation - Act of April 28, 1899. Special legislation - General laws - Incompatibility of duties under local Act with later general statutes repeals former - Act of April 14, 1853, repealed.

Commonwealth ex rel. Koons, et al., v. Rutheford, et al., 47 PLJ 9 (1899-1900), 8 PA D 349 (1899).

Constitution of Pennsylvania - Statutes - Act of 1897 unconstitutional - Removal of honorably discharged soldier. Policemen subject to removal as police officers.

Dicken v. Balbach, et al., 47 PLJ 430 (1899-1900), 9 PA D 449 (1900). Joint trespass - Satisfaction of judgement in one suit - Effect on second judgement. Estate of Ike, 47 PLJ 501 (1899-1900), 8 PA D 501 (1899). Decedent's estate - Disputed claims - Issue to try validity. Estate of Israel & Son's, Assigned, 47 PLJ 9 (1899-1900), 8 PA D 368 (1899).

Assignments for the benefit of creditors - Auditors - Distribution - Rights of creditors attacking fraudulent judgements.

Estate of Stifler, 47 PLJ 184 (1899-1900), 8 PA D 400 (1899). Decedent's estate - Sale of real estate for payment of debts - Creditors restricted to fund. George v. McCutcheon, 47 PLJ 133 (1899-1900), 8 PA D 591 (1899).

Justice of the Peace - Certiorari - Cause of Action - Defective Transcript. Judgement against M. and wife defective.

Graff's Petition, 47 PLJ 423 (1899-1900), 9 PA D 372 (1899).

Mines - Lateral railroad - Act of May 5, 1832 - Viewers - Petition for appointment - Exceptions thereto.

Green v. Reed, 47 PLJ 83 (1899-1900), 8 PA D 503 (1899). New trial - After-discovered evidence. Gregg v. Keenan, 47 PLJ 345 (1899-1900), 9 PA D 262 (1900). Wills - Construction of - What constitutes residuary clause - Lapsed device. Heath v. Walton & Co., 47 PLJ 350 (1899-1900), 9 PA D 218 (1900).

Costs - Expenses of survey ordered by court on petition of plaintiff not taxable as costs against defendant.

Holmes v. Graham, et al., 47 PLJ 68 (1899-1900), 8 PA D 476 (1899). Assumpsit - Will not lie where no conversion exists - Practice, C.P. Hull v. Hull, 47 PLJ 208 (1899-1900), 8 PA D 420 (1899). Divorce - Jurisdiction of Courts - Power to declare status of citizens - Service. In Re Black's Nomination, 47 PLJ 258 (1899-1900), 9 PA D 164 (1900).

17

In Re Building & Loan Associations, 47 PLJ 112 (1899-1900), 8 PA D 567 (1899). Building associations - Right to issue full paid and prepaid stock. In Re Douglass' Nomination, 47 PLJ 259 (1899-1900), 9 PA D 187 (1900). Election law - Primary elections - Party rules - Interpretation of - Power of Court. In Re Mercantile Tax Law, 47 PLJ 278 (1899-1900), 9 PA D 117 (1900). Mercantile taxes - Act of May 2, 1899 - Who are exempt from its provisions. In Re Plains Township Taxpayers' Petition, 47 PLJ 300 (1899-1900), 9 PA D 379 (1900). Constitutional law - Local legislation - Act of April 28, 1899. Keyer v. Cosmopolitan Savings & Loan Association of Pittsburgh, 47 PLJ 153 (1899-1900), 8 PA D 708 (1899).

Mortgages - Satisfaction of - Act of April 3, 1851, gives exclusive remedy - Equity jurisdiction - Injunction will not be granted to enjoin issuing of scire facias.

Kile v Hill Elgin Butler Co., Ltd., 47 PLJ 134 (1899-1900), 8 PA D 543 (1899). Justice of the Peace - Appeals - Affidavit required by Act of July 14, 1897. Konicz v. Teutonia Insurance Co. and Orient Insurance Co., 47 PLJ 140 (1899-1900), 8 PA D 575 (1899). Fire Insurance - Proof of loss - When insured must make some. Kreimendahl v. Nueheuser, 47 PLJ 60 (1899-1900), 8 PA D 558 (1899).

Ejectment - Sale of minor's interest in real estate - Effect of failure to follow Acts regulating sales by guardians - Collateral attack.

Kreimer & Clark's Nominations, 47 PLJ 163 (1899-1900), 8 PA D 603 (1899). Election laws - Nomination papers - Signed in blank - Right to party name. Lew v. Nolan, 47 PLJ 47 (1899-1900), 8 PA D 531 (1899). Ejectment - Arbitration - Party not bound by his attorney's agreement to refer - Attorneys. McCullough & Linn v. Goodhart, 47 PLJ 44 (1899-1900), 8 PA D 378 (1899).

Practice, C.P. - Domestic Attachment - Sheriff's interpleader. Bankruptcy Act of 1898 - Domestic Attachment.

Moore v. Bundy, et al., 47 PLJ 99 (1899-1900), 8 PA D 529 (1899). Justice of the Peace - Jurisdiction to enter judgement - Act of July 7, 1879. O'Neil v. Ben Avon Borough, 47 PLJ 249 (1899-1900), 9 PA D 130 (1900).

Boroughs - Municipal law - Street improvements - Remedy for destruction of springs by reason of.

Oil City v. Petroleum Bridge, 47 PLJ 272 (1899-1900), 9 PA D 110 (1900). Bridges - Condemnation of - Acts of May 8, 1876 and June 10, 1881.

18

Pentecost v. Parks, 47 PLJ 96 (1899-1900), 8 PA D 636 (1899). Witnesses - Fees of - When a partner who is not joined can claim same - Partnership - Practice, C.P.

Petition for Improvement of Washington Pike, 47 PLJ 242 (1899-1900), 9 PA D 52 (1899).

Roads and highways - Improvement of, under Act of June 26, 1895 - Submission to grand jury - Refusal of grand jury to hear testimony of remonstrates invalidates proceedings. Roads and highways - Act of June 26, 1895 - Alteration or change of portion of road requires vacation of part rendered unnecessary thereby, and must set this forth - Quarter sessions Practice.

Pierson v. Gaskil, 47 PLJ 250 (1899-1900), 9 PA D 554 (1900).

Foreign attachment - Appeal - Entry of bail conditioned for payment of costs - Dissolution of Attachment - Jurisdiction.

Ralston's Petition, 47 PLJ 410 (1899-1900), 9 PA D 514 (1900).

Coroner - Certiorari to - When allowable - Witness has not sufficient interest - Jurisdiction, C.P.

Ralston v. Tobin, 47 PLJ 350 (1899-1900), 9 PA D 234 (1900). Witnesses - Privilege from arrest - Capias ad respondeadum. Rayburn Water Co. v. Armstrong Water Co., 47 PLJ 239 (1899-1900), 9 PA D 24 (1900).

Corporations - Water companies - Exclusive privileges. Corporations - Rivalry in business - Ultra vires - Injunction.

Rupert v. Rittenhouse, 47 PLJ 71 (1899-1900), 8 PA D 483 (1899). Judgement - Costs - Act of March 20, 1810. Sharrow v. Yohoghany Lodge No. 364, 47 PLJ 104 (1899-1900), 8 PA D 616 (1899).

Unincorporated beneficial associations - Suits for benefits by beneficiary of deceased member lie in equity only - Practice, C.P.

Singer, et al. v. Solomon, 47 PLJ 19 (1899-1900), 8 PA D 402 (1899).

Sales - Vendor and purchaser - Agreement to sell land - Rent accruing thereafter belongs to vender - Landlord and Tenant - Rent not apportionable.

Terrill v. Crawford County, 47 PLJ 106 (1899-1900), 8 PA D 169 (1899). Costs - Desertion Cases - Witness fees - The word "and" to be read "in". Trimble Sides & Co. v. Mulhollen, 47 PLJ 89 (1899-1900), 8 PA D 441 (1899).

Practice, C.P. - Commissioners - Subpoena duces tecum. Practice, C.P. - Attachment - Evidence - Witnesses.

Wertzler v. Herchelroth, 47 PLJ 53 (1899-1900), 8 PA D 426 (1899). Justice of the Peace - Certiorari and appeal - Both not allowable.

19

Wolf v. Altmeyer, 47 PLJ 27 (1899-1900), 8 PA D 408 (1899). Contracts - Impossibility of performance does not prevent recovery upon a quantum meruit for services rendered prior to its becoming so.

1900 - 01 Appeal of Abe (#1), 48 PLJ 361 (1900-1901), 10 PA D 367 (1901).

Municipal Corporations - Streets - Vacation of - Act of May 16, 1891, construed - Appeals under. Conveyances - construction of - Base fee - Reversioners of are not such of are not such owners as are required to petition for vacation of street. Municipal Corporations - Right of husband to appeal when title is in wife's name - Amendment of parties after expiration of time for taking appeal - Husband and wife - Parties - Amendments.

Appeal of Abe (#2), 48 PLJ 363 (1900-1901), 10 PA D 370 (1901).

Municipal Corporations - Streets - Act of May 16, 1891 - Appeals under - Who liable for costs.

Bank of Saginaw v. Western Pennsylvania Title & Trust Co.¸ 48 PLJ 211 (1900-1901), 10 PA D 74 (1901).

Bills and notes - Certificates of deposit - Negotiability of - Federal courts not bound by decisions of state courts on matters of the general commercial law.

Byers, Administrator, v. Hay, Executor, 48 PLJ 54 (1900-1901), 9 PA D 502 (1900).

Summons - Service - Suit on administratrix's bond - Defendant residing outside county - Act of March 27,1854.

Cleveland Builders Supply Co. v. Hoosier Cement Co., 48 PLJ 430 (1900-1901), 10 PA D 491 (1901).

Foreign corporations - Service on - Corporation, whose president lives in Pennsylvania, but which does no business here, not subject to jurisdiction here - Practice, C.P.

Clopper v. Greensburgh Borough, 48 PLJ 112 (1900-1901), 9 PA D 598 (1900).

Municipal law - Streets - Repairs - discretion of councils. Office - Right to same - Injunction. Equity practice - Proper form and essentials of bill - Violation of rule.

Commonwealth v. Hodusko, 48 PLJ 235 (1900-1901), 10 PA D 230 (1901).

Constitutional law - Act of May 27, 1897 - Original and amendatory Act, under sec.3, art. iii - Criminal law. Criminal law - Motion in arrest of judgement.

Commonwealth ex rel. O'shea v. O’Shea, 48 PLJ 348 (1900-1901), 10 PA D 580 (1901). Lunacy - Fees of counsel - When taxable - Costs - Practice, C.P. Commonwealth v. Roenick, 48 PLJ 191 (1900-1901), 10 PA D 51 (1901). Boroughs - Peddlers' and hawkers' licenses - Butcher not subject to. Commonwealth v. Thompson, 48 PLJ 382 (1900-1901), 10 PA D 634 (1901). Practice of medicide and surgery - Osteopathy - Act of May 18, 1893.

20

Ellis v. Lamb, 48 PLJ 44 (1900-1901), 9 PA D 491 (1900). Landlord and tenant - Distress proceedings - Liability of landlords to act of bailiff - Trespass - Torts. Landlord and tenant - Distress - Liability for acts of bailiff.

Erskine v. Adams, 48 PLJ 41 (1900-1901), 9 PA D 444 (1900). Ejectment - summons - Service - Adults - Minors. Estate of Corbett, 48 PLJ 101 (1900-1901), 10 PA D 53 (1901).

Equitable relief - Demurrer - Gross laches - Jurisdiction, O.C. - Vacation of decree after term of entry. Married women dying intestate - Mortgage to pay debts. Practice, O.C. - As to mortgage of decedents real estate. Mortgage of real estate as defendant - Right of heirs to invoke relief. Revocation of mortgage - Fraud - Laches.

Estate of Magoffin, 48 PLJ 440 (1900-1901), 10 PA D 473 (1901).

Competency of witnesses - Suit against administrator - Incompetency of party not cured by subsequent calling of enabling witness. Guardian and ward - laches - Statute of limitations applied by analogy - Ratification of investment.

Estate of Miller, 48 PLJ 355 (1900-1901), 9 PA D 510 (1900). Debts of decedent - Lien of - When not divested by Orphans' Court sale. Estate of Raeder, 48 PLJ 357 (1900-1901), 10 PA D 282 (1901).

Executors and administrators - Legacy -Right of attaching creditor of legatee to cite executor to account.

Estate of Scully, 48 PLJ 307 (1900-1901), 10 PA D 731 (1901). Jurisdiction, O.C. - Guardian - Appointment - use of word "guardian" in will unnecessary. Estate of Semple, 48 PLJ 428 (1900-1901), 10 PA D 605 (1901).

Decedent's estate - Distribution - Preference - Costs of administration - Compensation of discharged executrix - Counsel fee.

Estate of Thompson, 48 PLJ 306 (1900-1901), 10 PA D 276 (1901). Decedent's estate - Gift to a class - When distribution per stripes and per capita. Ferree & Co. v. Pierce, 48 PLJ354 (1900-1901), 10 PA D 746 (1901). Practice, C.P. - Witness - Privilege - Premature service of process - Setting aside. Gibson v. Penn, Recorder of Deeds, 48 PLJ 173 (1900-1901), 9 PA D 724 (1900). Deed - Subscribing witness - Power of justice of the peace - Ex parte probate. Hotchkiss & Bros. v. Pinney, 48 PLJ 403 (1900-1901), 10 PA D 219 (1900).

Attachment - Acts of July 12, 1842, and March 17, 1869 - Construction - Practice - Service - Question of Fraud.

Hughes v. Snee, 48 PLJ 75 (1900-1901), 9 PA D 526 (1900).

Practice - Pleading - Trespass - Statement and bill of particulars - Sufficiency of Right of way - Title to - Notice thereof to be given in statement and bill of particulars - Granting non-suit - Allowing amendments to statement.

21

In Re Goldsmith, 48 PLJ 194 (1900-1901), 9 PA D 452 (1900). Bankruptcy - False oath - Discharge of bankrupt. In Re Myers, 48 PLJ 175 (1900-1901), 9 PA D 499 (1900).

Bankruptcy - Liquor license - Rent as preferred claim. Exemption - Sale of liquor license of bankrupt.

Keeler v. Westgate, 48 PLJ 413 (1900-1901), 10 PA D 240 (1901). Constitutional law - Bicycle tax - Act of April 11, 1899. Kremery v. Ameisen, 48 PLJ 134 (1900-1901), 9 PA D 708 (1900). Justices of the peace - Petition for rehearing - Time of Appeal - Act of 1810. McClure v. Krumbholz & Riley, 48 PLJ 3 (1900-1901), 9 PA D 544 (1900).

Mercantile tax - Hotel keepers licensed by the court of Quarter Sessions under the Act of May 13, 1887, and its supplements, exempt. Hotels conducted upon the "European Plan" not restaurants or eating houses.

McDevitt v. Kepple, 48 PLJ 43 (1900-1901), 9 PA D 581 (1900).

Replevin - Validity of title through constable's sale, under Act of May 8, 1874 - What record of Alderman should show. Justice of the peace - Service of process by constable. Justice of the peace - Record - Presumption of regularity.

Patterson v. Consolidated Traction Co., 48 PLJ 4 (1900-1901), 9 PA D 362 (1900).

Corporations - Street railways - Power of employee to bind for services of physician rendered to injured passenger - Master and servant - physicians.

Ruffner v. Brown, 48 PLJ 349 (1900-1901), 10 PA D 186 (1901). Interpleader - Act of May 26, 1897 - Claimant's bond - Wife's affidavit. United States ex rel. Flynn & Berriman v. Fuellhart, 48 PLJ 283 (1900-1901), 10 PA D 194 (1901). Secret Service - Agents of - When they make a search or arrest without warrant. Washington Borough v. Sherwood, 48 PLJ 228 (1900-1901), 9 PA D 766 (1900). Boroughs - Licensing of retail merchants - Acts of 1889, 1893, and 1899. Watson v. Hue, 48 PLJ 69 (1900-1901), 9 PA D 519 (1900).

Record - Recorder of deeds - Copy of oil lease - Authority to record same - Admission in evidence. Record - Word "copy" written across instrument - Effect thereof - Inference to be deduced. Ejectment - lease - Necessary to show possession thereunder - Common source of title.

** 49 PLJ (1901-02) is missing from the stacks. **

22

1902 - 03 Addy v. Western Pennsylvania Medical College, et al., 50 PLJ 157 (1902-1903), 11 PA D 687 (1902).

Corporations - Educational institutions - Powers of trustees - Refusal to recommend diploma - When courts will interfere.

Allegheny County v. Smith, 50 PLJ 167 (1902-1903), 11 PA D 704 (1902).

Municipal corporations - Eminent domain - Act of June 1, 1883. Petition - Amendments - Report.

Application for Charter of Donora Light, Heat & Power Co., 50 PLJ 269 (1902-1903), 12 PA D 115 (1903). Corporations of second class - Charter - Approval by Executive. Bailey v. Bailey, 50 PLJ 33 (1902-1903), 12 PA D 37 (1903). Divorce - Infamous crime - Larceny - Acts of May 8, 1854, and June 1, 1891. Brown v. Kenefick & Hunt, 50 PLJ 266 (1902-1903), 12 PA D 750 (1903).

Practice, C.P. - Appeal from justice of the peace - Declaration - Non pros. - Rules of Court.

City of McKeesport v. Pittsburgh Railway Co., et al., 50 PLJ 377 (1902-1903), 12 PA D 541 (1903).

Street railways - Franchise upon condition - Paving street - Running cars regularly - Jurisdiction of equity to enforce.

City of Pittsburgh v. Kennedy, 50 PLJ 141 (1902-1903), 12 PA D 247 (1903).

Municipal liens - Redemption - Constitutional law - Art. iii, sect. 3, of Constitution - Act of June 4, 1901. Municipal liens - Redemption - Liens prior to passage of Act of June 4, 1901.

Commonwealth ex rel. Hersha v. Hitchens, 50 PLJ 332 (1902-1903), 12 PA D 752 (1903).

Cities of third class - Controller - Physician - Mandamus - Act of May 23, 1899. Cities of third class - Board of health - Appointment of physicians - Act of May 23, 1889.

Commonwealth v. Graham, 50 PLJ 393 (1902-1903), 12 PA D 548 (1903). Attachment - Contempt - Service of order and rule to show cause. Habeas Corpus. Commonwealth v. Mansfield, 50 PLJ 111 (1902-1903), 12 PA D 103 (1903).

Crimes - Construction of Penal statutes - General words following particular words - Act of May 6, 1887.

Davis v. Wheeling, Pittsburgh & Baltimore Railroad Co., 50 PLJ 27 (1902-1903), 12 PA D 93 (1903). Railroads - Act of Feb. 19, 1849 - Statutory remedy exclusive. Dollman v. Allegheny County, 50 PLJ 328 (1902-1903), 12 PA D 535 (1903). Road law - Improvements - Costs on appeal - Act of June 26, 1895.

23

Estate of Kroch, 50 PLJ 171 (1902-1903), 12 PA D 168 (1903). Jurisdiction, O.C. - Torts by minors. Guardian and Ward - Minors - Judgement by default. Estate of Reel, 50 PLJ 128 (1902-1903), 12 PA D 608 (1903). Decedents' estates - Adopted children - Act of May 19, 1887. Hall Yarn & Waste Manufacturing Co., 50 PLJ 375 (1902-1903), 12 PA D 548 (1903). Corporations - Charters - Cash in treasury - Property purchased - Act of April 29, 1874. Harbison-Walker Refractories Co. v. Fredericks & Munro, 50 PLJ 362 (1902-1903), 12 PA D 419 (1903). Practice, C.P. - Setting aside service - Enticing within jurisdiction. Hayes v. German Beneficial Union, 50 PLJ 274 (1902-1903), 12 PA D 170 (1903).

Beneficial societies - Necessity of compliance with Act of April 4, 1873 - Effect of by-laws upon prior certificates - effect of Act of April 6, 1893, in validating void certificates.

Hildreth v. Kepner, 50 PLJ 213 (1902-1903), 11 PA D 789 (1902). Foreign attachment - Method of settling title to attached property - Dissolution. Howard v. Allison, 50 PLJ 267 (1902-1903), 12 PA D 117 (1903). Mechanic's lien - Notice by sub-contractor - Act of June 4, 1901, sec. 8. In Re Franklin County Liquor Licenses, 50 PLJ 372 (1902-1903), 12 PA D 212 (1903). Liquor Law - Power of court to order saloons to close during certain hours. In Re Oleomargarine Licenses, 50 PLJ 344 (1902-1903), 12 PA D 201 (1903).

Pure food - Oleomargarine - License to sell at various places on different days - Act of May 29, 1901.

People’s Gas, Light & Fuel Co. of Bucks County, 50 PLJ 413 (1902-1903), 12 PA D 184 (1903).

Corporations of the second class - Application for charter - Number of subscribers - Acknowledgement - Acts of April 29, 1874 and May 29, 1901.

Thomas v. Western Union Telegraph Co., 50 PLJ 211 (1902-1903), 12 PA D 682 (1903).

Telegraph companies - Failure to deliver telegraph announcing death and date of funeral - Damages for business loss and "mental pains." "Mental Pain" - When a legal element of damage.

Van der Vere v. Monheim, et al., 50 PLJ 398 (1902-1903), 12 PA D 681 (1903). Married women - Deeds - Acknowledgement - Act of April 4, 1901.

24

Werner Saw Mill v. General Chemical Co., 50 PLJ 193 (1902-1903), 11 PA D 722 (1903). Mechanics' liens - Notice by subcontractors to owners - Act of June 4, 1901. Zelt Brothers v. Sanders, 50 PLJ 39 (1902-1903), 12 PA D 28 (1903). Practice, C.P. - Act of 1869 - Return - Day of writ. 1903 - 04 Butz’s License, 51 PLJ 415 (1903-1904), 13 PA D 715 (1904). Liquor law - Sales to minors - Act of May 25, 1897. Byerly v. Consolidated Real Estate Co., 51 PLJ 390 (1903-1904), 13 PA D 746 (1904). Certiorari - Practice, J.P. - Record. City of Pittsburgh v. Wright, 51 PLJ 387 (1903-1904), 13 PA D 723 (1904).

Tax liens - Striking of. Collector of taxes - Duty to bid at sheriff's sale. Taxes - Constitutionally - Cities of second class. Practice, C.P. - Striking off tax liens.

Clyde Coal Co. v. Pittsburgh & Lake Erie R.R. Co., 51 PLJ 129 (1903-1904), 13 PA D 132 (1904).

Mandamus - Return thereto - When sufficient under Act of 1893, P.L. 345 - Railroads not obligated to transport all freight offered - Discrimination between shippers of freight.

Commonwealth v. Densmore, 51 PLJ 345 (1903-1904), 13 PA D 639 (1904). Automobiles - Act of April 23, 1903. Commonwealth ex rel. v. Fox, 51 PLJ 309 (1903-1904), 13 PA D 390 (1904). Public Schools - Directors - Withdrawing before adjournment of meeting - Removal of directors from office - Act of Feb. 12, 1869. Commonwealth v. Schulte, 51 PLJ 181 (1903-1904), 13 PA D 294 (1904). Constitutional law - Mines and mining - Act of May 13, 1903. Contested Election of Upperman, 51 PLJ 216 (1903-1904), 13 PA D 268 (1904). Election contests - Costs - Act of April 28, 1899. Estate of Belcher, 51 PLJ 286 (1903-1904), 13 PA D 327 (1904).

Executors and administrators - Surcharge - Gifts inter vivos - Rights of existing creditors of insolvent estates. Practice, O.C. - When counsel fees a charge upon fund.

Estate of Devlin, 51 PLJ 75 (1903-1904), 12 PA D 595 (1903).

Assignments for the benefit of creditors - Surcharge - Contradicting inventory. Assignments for the benefit of creditors - Commissions - Disallowance. Assignments for the benefit of creditors - Liquor license - When same is included in assignment.

25

Estate of Littell, 51 PLJ 285 (1903-1904), 13 PA D 545 (1904). Wills - Testamentary trustees for sale - Liability for rent where premises are occupied by one of the beneficiaries.

Estate of Schlegel, 51 PLJ 410 (1903-1904), 13 PA D 764 (1904). Guardian and Ward - Acceptance of stocks of private corporation from administrator. Estate of Willison, 51 PLJ 17 (1903-1904), 13 PA D 136 (1904). Wills - construction - Life-estate, with power to consume. Hamill v. Andresak, 51 PLJ 401 (1903-1904), 13 PA D 316 (1904).

Taxes - Lien of - Failure to revive as required by Acts of May, 1889, and June 4, 1897 - Effect of general law upon local legislation.

Improved Street Sweeper Co. v. City of Pittsburgh, 51 PLJ 278 (1903-1904), 13 PA D 122 (1904). Municipal contracts - Cities of second class - Mandamus - Act of March 7, 1901. In Re Road in Amwel Township, 51 PLJ 43 (1903-1904), 13 PA D 22 (1904).

Road law - Conclusiveness of report of viewers - Necessity of road. Road law - Entertainment of viewers.

Manufacturers' Light & Heat Co. v. Rentz, 51 PLJ 299 (1903-1904), 13 PA D 609 (1904). Ejectment - "Scrambling" possession - Acts of March 8, 1889, and June 19, 1893. Meadville v. Mahoney, 51 PLJ 193 (1903-1904), 13 PA D 472 (1904).

Municipal Claims - Averments of - Notice to owner and kind and character of work - Amendment after statutory time - Act of June 4, 1901.

Schmidt v Gibson, 51 PLJ 37 (1903-1904), 12 PA D 561 (1903).

Vendor and vendee - Mortgages - Assumption of by vendee - Continuing liability - Act of June 12, 1878.

Tomer, et al. V. McFarland, et al., 51 PLJ 409 (1903-1904), 13 PA D 758 (1904). Ejectment - Judgement for want of appearance - Act of April 13, 1807. Van Voorhis, et al. v. Pittsburgh & Charleroi Railway Co., 51 PLJ 150 (1903-1904), 13 PA D 719 (1904).

Street railways - Municipalities - Power to grant rights over other streets than of charter route. Equity - Injunction - street railways - Abutting owners.

Walker v. Walker, 51 PLJ 292 (1903-1904), 13 PA D 278 (1904). Divorce - Practice - Ineligibility of counsel to take affidavit as notary public.

26

1904 - 05 Commonwealth v. Beilstein, 52 PLJ 351 (1904-1905), 14 PA D 499 (1905). Fish and game - Act of May 29, 1901 - Proof required for conviction. Commonwealth v. Kebort, 52 PLJ 182 (1904-1905), 13 PA D 677 (1904). Pure food law - Constitutionality of Act of June 26, 1895. Commonwealth v. Mikesell, 52 PLJ 149 (1904-1905), 14 PA D 819 (1905).

Liquor law - Breweries - Selling beer at places other than the brewery - Act of June 9, 1891.

Commonwealth v. Ross, 52 PLJ 43 (1904-1905), 13 PA D 493 (1904). Jurisdiction, O. and T. - Habeas corpus - Prisoner undergoing sentence in another county.

Estate of Patterson, 52 PLJ 303 (1904-1905), 14 PA D 897 (1905). Assignments - Pledges - Stock exchange seat. Estate of Zaccaginni, 52 PLJ 177 (1904-1905), 14 PA D 267 (1905).

Decedents' estates - Widow's exemption - Foreign non-resident widow not entitled - United States treaty with Italy construed.

Ford v. Pittsburgh Railways Co., 52 PLJ 345 (1904-1905), 14 PA D 718 (1905). New trial - Verdict illogical - Damages awarded not commensurate with loss. Getz v. Getz, 52 PLJ 206 (1904-1905), 14 PA D 69 (1905). Divorce - Libel - Amendment. Griffith v. Whitestone, 52 PLJ 294 (1904-1905), 14 PA D 622 (1905).

Malicious prosecution - Indictment charging crime different from information - Verdict not conclusive as to original information.

Hamilton, et al. v. City of Pittsburgh, et al., 52 PLJ 339 (1904-1905), 14 PA D 671 (1905). Nuisance - Injunction - Restraining circus performance. Holtzman, et al. v. Braddock Borough, et al., 52 PLJ 178 (1904-1905), 14 PA D 547 (1905).

Boroughs - Elections - Increase of indebtedness - Ballots - Acts of April 20, 1874, June 9, 1891, and April 29, 1903.

In Re Duquesne Brewing Co., 52 PLJ 54 (1904-1905), 14 PA D 140 (1905). Corporations - Amendment to charter - Act of June 13, 1883. In Re National Metal Edge Box Co., 52 PLJ 239 (1904-1905), 13 PA D 787 (1905). Foreign corporations - Advertisements - Bonus - Act of June 9, 1881.

27

Neely v. Fell, 52 PLJ 346 (1904-1905), 14 PA D 686 (1905).

Practice, J.P. - Appeals from justice nun pro tunc - Act of March 25, 1903. Phelan v. Baltimore & Ohio Railroad Co., 52 PLJ 294 (1904-1905), 14 PA D 634 (1905).

Ejectment - Insufficient answer - Bill of particulars - Practice. Watch Tower Bible & Tract Society v. City of Allegheny, 52 PLJ 22 (1904-1905), 14 PA D 695 (1905). Charities - Exemption from taxation - Publication of tracts, books, pamphlets, etc. Wood Mowing & Reaping Machine Co. v. Hotchkiss, 52 PLJ 209 (1904-1905), 14 PA D 342 (1905). Jurisdiction, C.P. - Transcript from justice - Striking off. 1905 - 06 American Specialty Stamping Co. v. Larvin, 53 PLJ 187 (1905-1906), 15 PA D 908 (1906). Damages - Measure of - Breach of contract of sale of goods. Bank of Pittsburgh v. Porter, 53 PLJ 169 (1905-1906), 15 PA D 197 (1906). Collateral note - Sale of security - Notice to sell. Beech v. De Armitt, 53 PLJ 186 (1905-1906), 15 PA D 936 (1906). Conflict of laws - Bankruptcy - Receiver appointed by state court. Brennan’s Liquor License, 53 PLJ 87 (1905-06), 14 PA D 737 (1905).

Liquor laws - Transfer of License - Corporations - Acts of June 25, 1895, and July 9, 1901.

Clyde Coal Co. v. Neel, 53 PLJ 120 (1905-06), 15 PA D 971 (1906). Service of Process - Non-residents - Acts of May 4, 1852, and July 9, 1901. Commonwealth v. Enterprise National Bank, 53 PLJ 173 (1905-06), 15 PA D 949 (1906).

State depositories - Liability of sureties on bond given to Commonwealth - Act of June 15, 1897.

Commonwealth v. Hawkins, 53 PLJ 35 (1905-06), 14 PA D 592 (1906). Municipal Corporations - Automobile licenses - Acts of April 1, 1868 and April 23, 1903. Commonwealth v. Rabe, 53 PLJ 108 (1905-06), 15 PA D 700 (1906). Peddler - Refusal to exhibit license - Constitution, art. iii, sec. 3 - Act of June 14, 1901.

28

Commonwealth ex rel Stewart v. 1st National Bank of Sheraden, 53 PLJ 118 (1905-06), 14 PA D 721 (1906).

Boroughs - Municipal officers - National banks ineligible to office of treasurer - Jurisdiction, C.P. Boroughs - Treasurer - Necessity of giving bond - Waiver thereof.

Estate of Clark, 53 PLJ 4 (1905-06), 14 PA D 452 (1905). Jurisdiction, O.C. - Partition - Adverse interests - Estates by entirety. Estate of Holmes, 53 PLJ 269 (1905-06), 15 PA D 774 (1906).

Wills - Provision for after-born children - Revocation pro tanto. Conversion - Discretionary power to sell.

Estate of Lloyd, 53 PLJ 225 (1905-06), 15 PA D 932 (1906).

Collateral inheritance tax - Stepchildren - Decedent dying before amending act - Acts of May 6, 1887, and April 22, 1905.

Estate of Pare, 53 PLJ 235 (1905-06), 15 PA D 553 (1906). Lost will - Proof to prevent probate of prior will. Estate of Strickler, 53 PLJ 243 (1905-06), 15 PA D 855 (1906). Testamentary trusts - Acceleration of period of distribution. Greer v. Reese, 53 PLJ 17 (1905-06), 14 PA D 658 (1905).

Town council - Absent member - Warrant of arrest to compel attendance. Excessive damages - Remittitur.

In Re Building of Public Roads by State Aid, 53 PLJ 177 (1905-06), 14 PA D 623 (1906). Public roads - State Highway Commissioner - Acts of April 15, 1903, and May 1, 1905. In Re Harbor Master Salaries, 53 PLJ 103 (1905-06), 14 PA D 719 (1905).

Public officers - Increase of salary during term of office - Harbor Master - Sec. 13, art. iii, Constitution of Pennsylvania.

In Re Judicial Mileage, 53 PLJ 55 (1905-06), 14 PA D 642 (1905). Judges - Mileage - Acts of June 4, 1883 and April 14, 1903. In Re Pennsylvania Power Co., 53 PLJ 70 (1905-06), 14 PA D 677 (1905). Dams - Fishways therein - Act of May 29, 1901. In Re Public Officers’ Responsibility, 53 PLJ 187 (1905-06), 15 PA D 715 (1906).

Commercial fertilizers - Act of March 25, 1901 - Secretary of Agriculture - Liability for damages.

Kennedy v. Orem, 53 PLJ 143 (1905-06), 15 PA D 329 (1906). Marriage with paramour - Act of March 13, 1815, sect. 9.

29

Lincoln Party Nomination Papers in Berks County, 53 PLJ 165 (1905-06), 14 PA D 791 (1905).

Ballot law - Nomination papers - State and district offices - Insufficient number of signatures - Vouchers to signatures - Amendments.

Lofink v. Schuette, 53 PLJ 90 (1905-06), 14 PA D 558 (1905). Mechanic's lien - Sub-contractors - Service of notice of intention to file claim. Morris v. Pennsylvania Railroad Co., 53 PLJ 11 (1905-06), 15 PA D 857 (1906). Railroads - Discontinuance of station - injunction. Renovo Borough Poor District v. Clinton County, 53 PLJ 318 (1905-06), 15 PA D 887 (1906). Poor law - Local legislation - Act of March 6, 1903 - Art. iii, sect. 7, Constitution. Suter v. Wilmerding Borough, 53 PLJ 288 (1905-06), 14 PA D 391 (1905).

Boroughs - Improvement of streets - Appointment of viewers - Acts of May 24, 1878, and May 16, 1891 - Practice, C.P.

1906 - 07 Berkey v. Berwind-White Coal Mining Co., 54 PLJ 419 (1906-07), 16 PA D 429 (1907).

Mines and mining - Surface support - Removing ribs - Substituting artificial props - Injunction.

Brown v. Neal, 54 PLJ 58 (1906-07), 16 PA D 599 (1907). Sheriff's sale - Title of purchaser - Leased premises - Act of April 20, 1905. City of Titusville v. American Express Co., 54 PLJ 51 (1906-07), 15 PA D 823 (1906). Taxation - Corporations engaged in interstate commerce - Local ordinance - Validity of. Commonwealth ex rel. Kirschler v. Brown, 54 PLJ 66 (1906-07), 15 PA D 582 (1906).

Municipal corporations - Power to appropriate money for relief of citizens of foreign states - Constitutional law.

Commonwealth v Altoona & Phillipsburg Connecting Railroad Co., 54 PLJ 96 (1906-07), 15 PA D 812 (1906). Corporations - Quo warranto - Intervention by mortgagees and bondholders. Commonwealth ex rel Stewart v. Price, 54 PLJ 280 (1906-07), 16 PA D 1007 (1907).

Election law - Uniform primaries - Act of Feb. 16, 1906 - Proviso permitting nominations by pre-existing laws - Constitutionality.

30

Commonwealth v. Chalfant, 54 PLJ 332 (1906-07), 16 PA D 298 (1907). Quarter sessions - Bond - When forfeited. Cumberland Valley & Waynesboro Railroad Co. v. Chambersburg & Gettysburg Electric Railway Co., 54 PLJ 24 (1906-07), 15 PA D 965 (1907). Railroads - Right of way - Property therein - Crossings - injunction. Dipple v. Dipple, 54 PLJ 50 (1906-07), 15 PA D 547 (1907).

Divorce - Alimony pendente lite - Power of court to enforce payment by attachment after dismissal of libel.

Fuchs v. Eichenlaub, 54 PLJ 376 (1906-07), 16 PA D 932 (1907). Sales - Warranty - No implied warranty of purity in sale of food for domestic animals. Grant v. Commonwealth, 54 PLJ 281 (1906-07), 16 PA D 826 (1907).

Summary conviction - Absence of defendant from trial - Disposition of penalty - Record - Testimony - Certiorari - Acts of June 8, 1881, and June 18, 1895.

Hill Top Savings & Trust Co. v. Worley, 54 PLJ 261 (1906-07), 16 PA D 250 (1907).

Husband and wife - Estates by entirety - Judgements against husband - Sheriff's sale - Distribution of proceeds.

In Re Celtic Club Charter, 54 PLJ 247 (1906-07), 15 PA D 630 (1906). Corporations - Application for charter - Purposes. In Re Lehigh Valley Passinger Railway Co., 54 PLJ 240 (1906-07), 15 PA D 475 (1906).

Corporations - Street railways - Merger - Consolidation - Acts of Feb. 9, 1901, and May 29, 1901.

In Re Philadelphia Co., 54 PLJ 449 (1906-07), 16 PA D 523 (1907).

Corporations - charters - Purpose and powers - Guaranteeing mortgages - Acts of April 29, 1874, and July 9, 1901.

McKown & Beattie v. Harris, 54 PLJ 92 (1906-07), 15 PA D 611 (1907).

Mechanics' liens against landlord's interest in improvements by tenant - Act of June 4, 1901.

Pittsburgh Coal Co. v Allegheny National Bank, 54 PLJ 285 (1906-07), 16 PA D 857 (1907).

Deed - Construction - Covenants running with land - Action in other county - Appearance and demurrer waiver of objection to jurisdiction.

Reed v. Dipple, 54 PLJ 258 (1906-07), 16 PA D 126 (1907). Judgements - Opening of - Defence of discharge in bankruptcy. Rothey v. Worcester, 54 PLJ 297 (1906-07), 16 PA D 692 (1907). Stray law - Appraisement of damages - Notice - Act of April 13, 1807.

31

State Bank of Elizabeth v. Bolander, 54 PLJ 328 (1906-07), 16 PA D 987 (1907). Affidavit of defence - Promissory note - Notice to endorser of non-payment. Swingle v. Itzel, 54 PLJ 318 (1906-07), 16 PA D 339 (1907).

Affidavits of defence - Set-off - Necessity of definite allegations of. Affidavits of defence - Necessity of stating whether to whole or part of the claim - Rules of Court.

Van Wert National Bank v. The Ellis Co., 54 PLJ 432 (1906-07), 16 PA D 794 (1907).

Checks - Presentment for payments - Notice of dishonor - Waiver of notice by promise to pay - Act of May 16, 1901.

Verona School District v. McKay, 54 PLJ 23 (1906-07), 15 PA D 531 (1907). Taxes - Liens - Revival of within five years - Acts of May 4, 1889, and June 4, 1897. 1907- 08 Appeal of Allegheny Coal Co., 55 PLJ 129 (1907-08), 17 PA D 271 (1908).

Mines and mining - Appeals from decision of mine inspector - Exceptions to commissioner's report - Jurisdiction, Q.S. - Prohibition of open lights when gas is detected by safety lamp - Weight of evidence - Act of May 15, 1893.

Appeal of Pittsburgh Coal Co., 55 PLJ 380 (1907-08), 17 PA D 909 (1908).

Mines and mining - Jurisdiction to inspect - Notice from inspector to remove dangerous condition - Appeal - Injunction - Act of May 15, 1893.

Buck’s Insolvent Estate, 55 PLJ 359 (1907-08), 17 PA D 1073 (1908).

Insolvency - Preferences - Power of Court to order delivery to recover of property transferred by insolvent - Act of June 4, 1901.

Commonwealth v. Allegheny County, 55 PLJ 243 (1907-08), 17 PA D 134 (1908).

Prisons - Commutation of sentence - Act of May 11, 1901 - Constitutional law - Pardons - Power of Governor.

Commonwealth v. Brisbin, 55 PLJ 139 (1907-08), 17 PA D 558 (1908).

Quo warranto - Return-day of writ - Act of June 14, 1836. Quo warranto - Quashing writ - Expiration of term of office.

Commonwealth v. 25th Ward School Directors, 55 PLJ 269 (1907-08), 17 PA D 716 (1908). School directors - Ouster by board - Act of Feb 12, 1869 - "Refusal" to act - mandamus. Commonwealth ex rel. v. Legel, 55 PLJ 209 (1907-08), 17 PA D 762 (1908). Costs - Habeas corpus - Discretion of court.

32

Commonwealth ex rel. McElroy v. Booth, 55 PLJ 95 (1907-08), 16 PA D 929 (1907).

Assistant district-attorney - Allegheny County - Public office distinguished from public employment - Acts of July 14, 1897, and April 25, 1907.

Commonwealth v. Reeher, 55 PLJ 29 (1907-08), 17 PA D 18 (1908). Practice, J.P. - Certiorari - Voluntary payment of fine before certiorari. Commonwealth ex rel. Todd v. Iron City Trust Co., 55 PLJ 307 (1907-08), 17 PA D 924 (1908).

Banking Corporations - Insolvency - Dissolution - Receivers - Right of creditors to apply for appointment of - Right of Commonwealth - Act of Feb. 11, 1895.

Crafton Borough v. Richards, 55 PLJ 279 (1907-08), 17 PA D 835 (1908). Municipal improvements - Assumpsit - Acts of April 23, 1889, and April 4, 1907. Dickinson v. Middletown Shale Brick Co., 55 PLJ 247 (1907-08), 17 PA D 843 (1908).

Equity - Jurisdiction - Discovery - Multifariousness - Joint liability of corporation and stockholders - Adequate remedy at law.

Estate of Tegetoff, 55 PLJ 123 (1907-08), 17 PA D 798 (1908). Collateral inheritance tax - Illegitimates - Acts of July 10, 1901 and March 26, 1903. Frank v. Adams Express Co., 55 PLJ 335 (1907-08), 17 PA D 469 (1908).

Common carriers - Express companies - Limitation of liability in bill of lading - Effect of not giving value of goods - Where contract is enforceable. Common carriers - Interstate commerce - Failure to give value - False classification to obtain lower rate under ICA.

Guardian Trust Co. v. Grove, 55 PLJ 182 (1907-08), 16 PA D 975 (1907).

Trust companies - Prohibition against banking in Act of May 9, 1889, does not extend to purchase of negotiable paper.

Hall v. Homan, 55 PLJ 218 (1907-08), 16 PA D 789 (1908). Practice, J.P. - Certiorari - Amendment. Haseltine v. Whitney, 55 PLJ 325 (1907-08), 16 PA D 512 (1907). Affidavit of defence - Married women - Accommodation paper - Conflict of laws. Independence Township v. Dodds, 55 PLJ 217 (1907-08), 17 PA D 416 (1908). Taxes - Non-residents - Road tax - Poll tax. In Re Bank Reports, 55 PLJ 136 (1907-08), 16 PA D 825 (1907). Banks - Receipts for deposits - Act of June 12, 1907. In Re Pittsburgh No. 8 Coal Co., 55 PLJ 153 (1907-08), 16 PA D 577 (1907). Corporations - Application for charter - Names - Similarity - Amendment. In Re Washington County Liquor Licenses, 55 PLJ 255 (1907-08), 17 PA D 944 (1908).

33

Kenyon v. Davis, 55 PLJ 236 (1907-08), 17 PA D 340 (1908). Equity - Process to execute decree - Equity rules - Executions. Lang v. City of Allegheny, 55 PLJ 89 (1907-08), 16 PA D 960 (1907). Municipal corporations - Increase of debt - Effect of conditions not in original ordinance. Lipewitz v. Siglin, 55 PLJ 353 (1907-08), 17 PA D 655 (1908).

Alderman - Powers and duties - Summons - Service - Amendment. Alderman - Partnership - Service of summons - Judgement - Duty of Common Pleas on certiorari. Summons - Service - Certified copy - True and attested copy.

Lord Co. v. O’Brien, 55 PLJ 52 (1907-08), 16 PA D 965 (1907). Mechanic's lien - Notice of intention to file - Act of June 4, 1901. Malone v. Mounts, 55 PLJ 296 (1907-08), 17 PA D 884 (1908). Legacies - charge upon land. McNary v. Southwest Pennsylvania Pipe Lines, 55 PLJ 232 (1907-08), 17 PA D 847 (1908). Negligence - Pipe lines - Leakage - Presumptions - Nuisance. Ohio & Baltimore Short Line Railway v. Gallagher, 55 PLJ 35 (1907-08), 17 PA D 142 (1908).

Railroads - Abandonment of easement - right of landowner to appropriate rails - Act of March 5, 1903.

Pittsburgh, C., C., & St. Louis Railway Co. v. Crafton Borough, 55 PLJ 205 (1907-08), 17 PA D 204 (1908). Pittsburgh Coal Co. v. Allegheny National Bank, 55 PLJ 207 (1907-08), 16 PA D 857 (1907).

Deed - Construction - Covenants running with land - Action in other county - Appearance and demurrer waiver of objection to jurisdiction.

Pittsburgh Construction Co. v. West Side Belt Railroad, 55 PLJ 294 (1907-08), 16 PA D 670 (1907). Foreign Corporations - Registration - "Doing Business" - Act of April 22, 1874. Prouty v. Marshall, 55 PLJ 59 (1907-08), 16 PA D 608 (1907).

Recording Acts - Mistake in recording initial of name of mortgager - Acts of March 18, 1775, March 28, 1820 and March 18, 1875.

Reed v. California Borough School District, 55 PLJ 3 (1907-08), 17 PA D 788 (1908).

34

Richmond & Son v. Francis, 55 PLJ 251 (1907-08), 17 PA D 679 (1908). Affidavit of defence - Sufficiency - Set - off. Ridgway Grain Co. v. Pennsylvania Railroad Co., 55 PLJ 390 (1907-08), 17 PA D 967 (1908). Railroads - Contract of Carriage - Negligence - Affidavit of defence. Road in Scott and Union Townships, 55 PLJ 181 (1907-08), 17 PA D 791 (1908).

Road law - Jurisdiction, Q.S. - Road between townships of first class - Acts of June 13, 1836, April 28, 1899, and June 7, 1901.

Rodgers Sand Coal Co. v. Pittsburgh, Carnegie & Western Railway Co., 55 PLJ 302 (1907-08), 17 PA D 377 (1908). Mechanic's liens - Amendment of name of defendants - Acts of June 4, 1901. Sell v. Stevenson, 55 PLJ 200 (1907-08), 17 PA D 190 (1908).

Decedents' estates - Lien of judgements - After-acquired land - Acts of Feb. 24, 1834, and June 8, 1893.

South Strabane Township v. Patterson, 55 PLJ 18 (1907-08), 17 PA D 253 (1908).

Township road supervisors - Road tax - "Last adjusted valuation" - Act of April 12, 1905, sect. 2.

Swanson Grocery Co. v. Terwilliger, 55 PLJ 117 (1907-08), 17 PA D 11 (1908).

Practice, C.P. - Attachment - Interpleader - Fraudulent sale in bulk - Acts of March 17, 1869, May 26, 1897, and March 28, 1905.

1908 - 09 Bellevue Borough v. Pennsylvania Railroad Co., 56 PLJ 225 (1908-09), 18 PA D 945 (1909).

Mandamus - Right of borough to institute proceeding - Opening road - Act of June 8, 1893.

Citizens National Bank of Tionesta v. Osgood, 56 PLJ 123 (1908-09), 18 PA D 192 (1909).

Actions against joint defendants - Survival - Personal representatives - Scire facias - Acts of March 22, 1861, and Feb. 24, 1834.

City of Pittsburgh v. Pittsburgh Metals, Mining, & Milling Co., 56 PLJ 12 (1908-09), 17 PA D 821 (1908). Foreign corporations - Bill to compel registry of stock transfer - Jurisdiction, C.P.

35

Commonwealth ex rel. Halferty v. Schmitz, 56 PLJ 31 (1908-09), 18 PA D 861 (1909).

Municipal corporations - School districts - Increase of indebtedness - Mandamus - State tax - City and county assessments - Sinking fund - Limitation of 2 per centum of valuation - Const., art. ix, sect. 8 - Act of April 20, 1874.

Commonwealth v. Kephart, 56 PLJ 147 (1908-09), 17 PA D 1051 (1908). Constitutional law - Pure Food Law - Constitution, art. iii, sect. 6 - Act of June 1, 1907. Commonwealth ex rel. Goehring, District Attorney, v. Melvin, 56 PLJ 204 (1908-09), 18 PA D 155 (1909).

Boroughs - Councilmen - Interest in borough contracts - Act of May 28, 1907 - Employment of councilmen by municipality - Act of May 15, 1874.

Commonwealth ex rel. Goehring, District Attorney, v. Booth, et. al., 56 PLJ 280 (1908-09), 18 PA D 190 (1909).

Public officers - District-attorney - Increase in salary during term - Constitution, art. iii, sect 13.

Commonwealth ex rel. Goehring, District Attorney, v. Collins, 56 PLJ 212 (1908-09), 18 PA D 893 (1909).

Boroughs - Removal of councilman for interest in contracts - Acts of March 31, 1860, and May 28, 1907.

Cornelius v. Ungar, et al., 56 PLJ 233 (1908-09), 18 PA D 1020 (1909). Mechanic's lien - Architect - Preliminary plans - Act of June 4, 1901. Denny, et al. v. Bellevue Borough, 56 PLJ 25 (1908-09), 18 PA D 839 (1909).

Boroughs - Annexation - Signing by majority of freeholders - Withdrawing signatures - Costs - Act of March 21, 1907.

Dravo v. Carpenter & Sechrist, 56 PLJ 172 (1908-09), 17 PA D 344 (1908).

Equity jurisdiction - Specific Performance - Contracts of decedent for sale of land - Courts of Common Pleas have no jurisdiction to enforce.

Estate of Lammert, 56 PLJ 205 (1908-09), 18 PA D 142 (1909).

Wills - Acceleration of legacies - Distinction between general and residuary legacies - Effect of election by widow to take against the will.

Gibson v. Gibson, 56 PLJ 348 (1908-09), 18 PA D 671 (1909). Divorce - Libel - Amendment of. Glock v. Commonwealth, 56 PLJ 121 (1908-09), 17 PA D 913 (1908).

Jurisdiction, J.P. - Loaf-bread - sale of - Action for penalty - Act of April 1, 1797. Same - Justices record - Requirements of.

Herler v. Armour & Co., 56 PLJ 105 (1908-09), 18 PA D 60 (1909). Foreign corporations - Registration of - Service of process - Practice, C.P.

36

In Re Pittsburgh Public School Teachers’ Retirement Fund Association, 56 PLJ 111 (1908-09), 17 PA D 867 (1908). Charters - Several corporations of first class for same purposes. Murphy v. Booth, 56 PLJ 115 (1908-09), 18 PA D 791 (1909). Practice, J.P. - Amendment - Striking off parties - Act of May 4, 1852. People’s National Bank of Waynesburg v. McGovern, 56 PLJ 228 (1908-09), 18 PA D 986 (1909).

Affidavit of defence - Promissory note - averment of grounds of belief - Holder in due course - Notice.

Reed v. Smith, 56 PLJ 21 (1908-09), 18 PA D 916 (1909). Interest - Recovery of usurious payment - Act of May 28, 1858. Trimbar v. Allegheny County Commissioners, 56 PLJ 307 (1908-09), 18 PA D 239 (1909).

Elections - Political Parties - Nomination Papers - Political parties cannot nominate candidates by nomination papers - Act of Feb. 17, 1906.

Utecht’s Nomination, 56 PLJ 206 (1908-09), 18 PA D 992 (1909).

Election law - Nomination Papers - Omission of political party to nominate at primary election - Act of Feb. 17, 1906.

Walters v. Adams Express Co., 56 PLJ 97 (1908-09), 18 PA D 330 (1909). Common carriers - Express companies' limitations upon suit - Goods shipped C.O.D. Wishart v. Patterson, 56 PLJ 226 (1908-09), 18 PA D 991 (1909). Attorney's fees - Provision in note omitted in mortgage. 1909 - 10

Baltimore & Ohio Railroad v. Fayette County, 57 PLJ 489 (1909-10), 19 PA D 485 (1910).

Railroad state regulation - Constitutional law - Const., art. xvi, sect. 10 - Act of April 5, 1907.

Beckner v. Beckner, 57 PLJ 606 (1909-10), 19 PA D 598 (1910).

Divorce - Order entered without opinion - Request for opinion after appeal - Counsel fees and expenses - Entry of order after decree.

Commonwealth v. Cameron, 57 PLJ 104 (1909-10), 18 PA D 753 (1909).

Bribery - Corruption solicitation - Compulsory self incrimination - Exemption from prosecution - Constitutional law - Pa. Const., art. i, sect. 9, art. iii, sect. 32 - 5th and 14th amendments, U.S. Const. - Act of May 23, 1874.

Commonwealth v. Cosick, 57 PLJ 337 (1909-10), 19 PA D 309 (1910).

Constitution, U.S. - Game laws - Prohibiting aliens from taking game - Possession of shot-guns and rifles - Due process of law - Act of May 8, 1909.

37

Commonwealth v. Fetter, 57 PLJ 61 (1909-10), 19 PA D 302 (1910).

Criminal law - Fines - Payment after commitment - Authority of warden to release upon request or order of committing magistrate - Habeas corpus.

Commonwealth v. Kukic, 57 PLJ 307 (1909-10), 19 PA D 281 (1910). Criminal law - Witnesses - Fees during detention in jail at instance of commonwealth. Commonwealth v. Lissen, 57 PLJ 27 (1909-10), 19 PA D 918 (1910).

Summary conviction - Disorderly conduct - Appeals - Special allocatur - Constitutional law - Acts of May 2, 1901, April 22, 1905, and April 17, 1876 - Const., art. v., sect. 14.

Commonwealth v. O'Brien, 57 PLJ 609 (1909-10), 19 PA D 361 (1910). Criminal law - Grand jury - Selection from qualified electors - Act of April 10, 1867. Commonwealth v. Papsone, 57 PLJ 342 (1909-10), 19 PA D 311 (1910).

Constitution, U.S. - Game laws - Prohibiting aliens from hunting game - Possession of shot-guns and rifles - due process of law - Act of May 8, 1909.

Commonwealth v. Walker, 57 PLJ 83 (1909-10), 18 PA D 926 (1909). Adult probation - Act of May 10, 18909 - Practice. Commonwealth ex rel. v. Pennsylvania Railroad Co., 57 PLJ 118 (1909-10), 19 PA D 1024 (1910). Railroads - Changing site of highway - Relocation - Act of Feb. 19, 1849. Economy Improvement Co. v. Woodlawn Electric Street Railway Co., 57 PLJ 273 (1909-10), 19 PA D 491 (1910).

Street railways - Eminent domain - Relocation - Consent of abutting owners - Act of June 1, 1907.

Estate of Umbstaetter, 57 PLJ 604 (1909-10), 19 PA D 1121 (1910). Practice, O.C. - Claim after audit - Suspension of distribution. Estate of Zug, 57 PLJ 176 (1909-10), 19 PA D 266 (1910). Wills - After-born child - Probate of after-discovered letter affirming original will. Farmers Handy Wagon Co. v. J. Wilson Hamilton, 57 PLJ 646 (1909-10), 19 PA D 827 (1910). Sale - Warranty - Fraud - Delivery to common carrier. Hodges v. Weeden, et al., 57 PLJ 614 (1909-10), 19 PA D 731 (1910). Evidence - Telephone - Admissibility of conservation by. In Re Fines for Violation of Blue Law, 57 PLJ 664 (1909-10), 19 PA D 464 (1910). Fines - Blue law - For use of sinking fund - Acts of May 15, 1850, and March 31, 1860.

38

In Re Judges' Terms, 57 PLJ 678 (1909-10), 19 PA D 348 (1910). Judges - Terms - Office - Constitutional Amendments. Kelly-Wood Real Estate Co. v. Wilson, 57 PLJ 622 (1909-10), 19 PA D 612 (1910). Real estate brokers - dividing commissions - Trade customs. Layne v. Eder Construction Co., 57 PLJ 654 (1909-10), 19 PA D 1115 (1910). Master and servant - Adoption of appliance by defendant. Ley Construction Co. v. Allegheny County, 57 PLJ 506 (1909-10), 19 PA D 1152 (1910).

Constitutional law - Special legislation - Changing methods for the collection of debt - Lien of sub-contractors for municipal improvements - Act of May 6, 1909 - Constitution, art iii, sect. 7.

McClintock v. Sheldon, 57 PLJ 370 (1909-10), 18 PA D 305 (1910). Elections - Primary elections - Qualifications of electors - Registration - Payment of taxes. Mackey Baking Co. v. Mackey, 57 PLJ 221 (1909-10), 19 PA D 893 (1910).

Corporations - Cancellation of illegal and fictitious issue of stock - Promoters' fiduciary relation to corporation - "Property" in consideration of stock - Const., art. xvi, sect. 7.

MacLean v. MacLean, 57 PLJ 212 (1909-10), 19 PA D 98 (1910).

Divorce - Effect of voluntary disappearance by respondent - Evidence - Competency of libellant to testify.

Mawhinney v. Weston, 57 PLJ 34 (1909-10), 19 PA D 982 (1910).

Mortgage - Foreclosure - Interest - Tender before declaration of default, after non-payment of interest for thirty days.

Montgomery, et al. v. Haymaker, et al., 57 PLJ 9 (1909-10), 18 PA D 1009 (1910).

Streets - Dedication - Plan of lots - Rights of lot owners in unopened streets - Act of May 9, 1889.

Pittsburgh Legal Journal v. Bruff, Sheriff, 57 PLJ 577 (1909-10), 19 PA D 591 (1910).

Legal advertisements - Publication in legal newspapers in counties of more than 500,000 inhabitants - Act of April 6, 1871, relating to Allegheny county, and Act of May 3, 1909.

Reynoldsville Borough v. 1st Methodist Episcopal Church, 57 PLJ 345 (1909-10), 19 PA D 400 (1910).

Taxation - Exemption of churches - Municipal assessments for paving - Estoppel by petitioning for improvement - Act of June 4, 1901.

39

Schroeder, et al. v. Frederick, et al., 57 PLJ 184 (1909-10), 19 PA D 1013 (1910).

Equity - Withdrawal of bill - Consent of defending claiming affirmative relief - Act of June 7, 1907 - Equity rule 28.

Seger v. Walschmidt, 57 PLJ 99 (1909-10), 19 PA D 41 (1910).

Equity - Specific performance - Agreement to sell both real and personal property - Sales - Incumbrances - Coal rights - Return of hand money - Equity practice - Cross-bills.

Stranburg v. Manross, 57 PLJ 533 (1909-10), 19 PA D 849 (1910).

Judgement by confession - Averment of breaches - Record must show basis for computation of damages.

Thompson's Petition, 57 PLJ 85 (1909-10), 19 PA D 1151 (1910). Witnesses - Attendance before notary - Depositions in cause pending in another state. Umbel's Primary Election Expenses, 57 PLJ 313 (1909-10), 19 PA D 190 (1910).

Election law - Audit of candidate's account - Expenditures made by agents - Contributions by others - Employment of voters - Treating to cigars - Costs of audit - Acts of April 18, 1874, and March 5, 1906.

Washalefski v. Ciemieski, et al., 57 PLJ 360 (1909-10), 19 PA D 213 (1910).

Beneficial associations - Sick benefits - "Sickness" defined - By-laws as to going about the streets and use of intoxicating liquors construed.

West v. West, 57 PLJ 359 (1909-10), 19 PA D 268 (1910).

Foreign judgement - Alimony - Pleading to merits bars inquiry regarding method of service as affecting jurisdiction - Errors of record of foreign court.

Wilmerding Lodge, Loyal Order of Moose, 57 PLJ 637 (1909-10), 19 PA D 651 (1910).

Application for charter - Refusal to approve - Fraternal society - Remonstrances - Supplying intoxicants to members.

Wise, et al. v. Pressed Steel Car. Co., 57 PLJ 442 (1909-10), 19 PA D 112 (1910). Arbitration - Act of May 18,1893 - Constitutional law. 1910 Brecht v. Balias, 58 PLJ 63 (1910), 19 PA D 664 (1910).

Mortgages - Sale of mortgaged premises - Vendees - Effect of granting extension of time of payment without notice to mortgagor - Principal and surety - Acts of June 12, 1878, and April 28, 1903.

City of Pittsburgh v. Edwards, 58 PLJ 102 (1910), 18 PA D 444 (1910).

Municipal corporations - Officers - Right of city officials to hold state office also and retain fees thereof - Act of June 20, 1901.

40

Commonwealth v. Lewis, 58 PLJ 175 (1910), 19 PA D 770 (1910). Criminal law - "Month" - Meaning of, in sentence. Commonwealth ex rel. v. York County Commissioners, 58 PLJ 320 (1910), 19 PA D 920 (1910).

Election law - Constitutional Amendment-of 1909 - Local laws - Terms of office - Poor directors of York county - Acts of Feb. 6, 1804 and Feb. 17, 1906.

In Re Automobiles, 58 PLJ 255 (1910), 19 PA D 781 (1910). Automobiles - Licenses - Several joint owners of one automobile - Act of April 27, 1909.

1911 Appeal from Assessment in Homestead Borough, 59 PLJ 98 (1911), 20 PA D 661 (1911). Taxation - Board of Tax revision - Power to correct assessment - Act of March 24, 1905. Bell, et al. v. McIntyre, et al., 59 PLJ 395 (1911), 20 PA D 833 (1911). Decedent's estates - Right of next of kin to collect note by action in their own names. Bellevue Borough, et al. v. Manufacturer's Light & Heat Co., 59 PLJ 93 (1911), 20 PA D 547 (1911).

Equity - Parties plaintiff - Joinder of - Natural gas companies - Borough law - Validity of ordinance allowing use of streets upon condition of furnishing free gas to churches. Equity - Bills in - Multifariousness. Equity - Adequate remedy at law.

Brownsville Bridge Case, 59 PLJ 621 (1911), 20 PA D 1077 (1911).

County bridges - Overstreams forming boundary lines of counties - Damages for franchise of bridge company - Acts of June 13, 1856, May 6, 1897, May 13, 1901, July 9, 1901, April 23, 1903, April 25, 1907, and May 8, 1907.

City of Pittsburgh v. Pittsburgh Railways Co., 59 PLJ 17 (1911), 20 PA D 409 (1911).

Municipal law - Cities of second class - Street railways - Power of city to regulate rates of fare and transfers - Act of March 7, 1901.

Chadwick v. Chadwick, 59 PLJ 29 (1911), 20 PA D 305 (1911). Divorce - Subpoena - Time of making service. Commonwealth ex rel. Alexander v. Erie County Commissioners, 59 PLJ 550 (1911), 20 PA D 792 (1911).

Public officers - Terms - Power of legislature to change - Retroactive legislation - Mayor of city of third class - Constitutional amendments of 1909 - Acts of May 23, 1889, and June 21, 1911.

Commonwealth v. Richardson, 59 PLJ 119 (1911), 20 PA D 350 (1911). Criminal law - Sentence - Powers of court to modify after term.

41

Dusenberry v. Dusenberry, 59 PLJ 133 (1911), 20 PA D 678 (1911). Divorce - Collusion - Voluntary appearance of respondent - Foreign divorces - Validity of. Estate of Ninehouser, 59 PLJ 465 (1911), 20 PA D 969 (1911).

Marriage of first cousins - Invalidity not to be set up after death to defeat rights of survivor - Act of June 24, 1901.

Golligher v. Pennsylvania Railroad Co., 59 PLJ 86 (1911), 20 PA D 273 (1911).

Constitutional law - Jurisdiction of Congress to vest judicial power in state courts - State sovereignty - Federal railroad employers' liability acts - Action thereunder not maintainable in state courts - Objection raised by demurrer - Acts of Congress of April 22, 1908, and April 5, 1910.

Gottschall v. Campbell, et al., 59 PLJ 439 (1911), 20 PA D 612 (1911).

County Court of Allegheny County - Establishment of - Act of May 5, 1911 - Power of legislature to establish new courts - Local or special legislation - Const., art iii, sect. 7, and art. v, sect. 26.

Hale v. Hale, 59 PLJ 105 (1911), 20 PA D 957 (1911).

Legal arbitration - Report must be in form of special verdict - Authority of court to correct - Reference back - Answers to special requests - Act of April 6, 1870.

Land Trust Co. v. Biggerstaff, 59 PLJ 28 (1911), 20 PA D 662 (1911). Banks -Insolvency - Receivers - Right of debtor to set off deposit against liability. McDowell v. Allegheny County, 59 PLJ 603 (1911), 20 PA D 961 (1911).

Alderman - Cities of the second class - Consolidation of wards - Constitutional amendments of 1909 - Extension of term.

McGrew v. Pittsburgh & Mt. Shasta Gold M & M Co., et al., 59 PLJ 324 (1911), 20 PA D 826 (1911).

Foreign corporations - Inspection of books in state where business is carried on - Mandamus.

Manufacturer's Corp. v. Marsh, et al., 59 PLJ 235 (1911), 20 PA D 884 (1911). Mechanics' liens - Notice of intention to file - Service of - Practice, C.P. Martire's Liquor License, 59 PLJ 156 (1911), 20 PA D 740 (1911). Liquor license - Eviction of applicant - Failure to pay license fee -Transfer to third person. Methodist Cemetery Case, 59 PLJ 643 (1911), 20 PA D 972 (1911). Cemeteries - Abandonment of use - Removal of dead bodies - Act of May 12, 1887. Nicholson, et al. v. Earle, et al., 59 PLJ 547 (1911), 20 PA D 781 (1911).

Uniform primaries - Official ballot - Taxpayer's bill will not lie to restrain printing name of candidate upon averment of ineligibility - Act of Feb. 17, 1906.

Penn, et al. v. Bruff, Sheriff, 59 PLJ 607 (1911), 20 PA D 989 (1911).

Elections - Proclamation by sheriff - Act of June 10, 1893, and amendment of June 26, 1895, construed - General and municipal elections under constitutional amendments of 1909, distinguished.

42

Pitts v. Duquesne Borough, 59 PLJ 25 (1911), 20 PA D 669 (1911).

Boroughs - Boards of health - Secretary who is member of board not entitled to salary or rent for an office leased by him to board - Acts of May 11, 1893, and March 31, 1860.

Pittsburgh, McKeesport & Youghiogheny Railroad Co. v. Guth, 59 PLJ 499 (1911), 20 PA D 621 (1911).

Railroads - Eminent domain - Right to condemn dwelling-house occupied by owner - Act of March 17, 1869. Railroads - Eminent domain - Right to possession of land appropriated - Writ of assistance in form of habere facias possessionem - Equity Rule 87.

Railway Co. v. McMillan, et al., 59 PLJ 48 (1911), 20 PA D 327 (1911). Wages - Attachment for board - Act of April 10, 1905 - Const., art. iii, sect. 7. Schofield v. Schofield, 59 PLJ 567 (1911), 20 PA D 805 (1911).

Divorce - Marriage between first cousins beyond jurisdiction to evade Act of June 24, 1901.

Snyder v. Johnson, 59 PLJ 127 (1911), 20 PA D 670 (1911). Negligence - Minor less than sixteen without employment certificate, not chargeable with contributory negligence - Misrepresentation as to age - Act of May 2, 1905.

South Union Township School District v. Moyer, et al., 59 PLJ 719 (1911), 20 PA D 941 (1911).

Statutes - Effect of repealing statutes upon remedies for existing rights. Judgements - By confession must be self-sustaining. Counties - Township school tax collector's accounts - Adjustment by township auditors - Act of May 3, 1909.

Trajanowski v. National Union Fire Insurance Co., 59 PLJ 467 (1911), 20 PA D 743 (1911).

Costs - Verdict not exceeding $100 - Affidavit attached to statement of claim - Act of March 20, 1810.

United States Fidelity & Guaranty Co. v. Commonwealth, 59 PLJ 326 (1911), 20 PA D 572 (1911).

County commissioners - Official bonds - Defalcation as poor district officer - Acts of May 24, 1878, and June 4, 1879.

Weil's Appeal from Order of Board of Registration Commissioners, 59 PLJ 551 (1911), 20 PA D 854 (1911).

Cities of first and second classes - Personal registration - Act of Feb. 17, 1906 - Special registration by petition when unable to appear on regular registration days.

1912 Alter's Account, 60 PLJ 215 (1912) 21 PA D 374 (1912).

Elections - Expenses of - Accounts of political parties and committees - Manner of payment - Use of agents - Act of March 5, 1906 - Audit of accounts under - Exceptions - Practice, Q.S.

43

Aldridge v. Baltimore & Ohio Railroad Co., 60 PLJ 164 (1912), 21 PA D 892 (1912).

Beneficial associations - Railroad relief association - Forfeiture upon termination of employment - Waiver by deducting dues from wages.

Application for Appointment of Appraiser, 60 PLJ 457 (1912), 21 PA D 1140 (1912).

Limited partnership associations - Ancillary administrator - Election to membership - Appraisement of decedent's interest - Acts of June 2, 1874, and June 25, 1885.

Brockwayville Borough v. Rittenhouse, 60 PLJ 206 (1912), 21 PA D 863 (1912). Borough ordinances - Requisites - Transcription in ordinance book - Acts of April 3, 1851,

and May 23, 1893. Brownsville Township Election, 60 PLJ 313 (1912), 21 PA D 429 (1912). Election law - form of ballots - Act of April 29, 1903. Commercial Bank v. Blauvelt, 60 PLJ 740 (1912), 21 PA D 997 (1912). Negotiable instruments - Drafts - discounting before acceptance - Holder in due course. Commonwealth ex rel. Attorney General v. Harmony Society, et al., 60 PLJ 434 (1912), 21 PA D 431 (1912).

Service of process - Quo warranto - Service beyond the county and beyond the commonwealth - Acts of June 14, 1836, and July 9, 1901.

Commonwealth ex rel. Blakely, District Attorney v. Johnstin, 60 PLJ 269 (1912), 21 PA D 993 (1912).

Public officers - Councilmen - Removal for interest in city contract - Subcontractor - Acts of March 31, 1860, and May 23, 1889.

Commonwealth ex rel Bates v. McKenty, 60 PLJ 521 (1912), 21 PA D 589 (1912).

10, 1909. Habeas corpus - Right to discharge after sentence under invalid act. Constitutional law - Special legislation - Act of May 10, 1909. Constitutional law - Interference with judicial power of mercy - Title of Act - Const., art iii, sec 3. The pardoning power of the Governor not affected by the Act of May 10, 1909. Modifying prior acts without republication - Const., art iii, sec. 6 - Act of May 10, 1909.

Commonwealth ex rel. v P.W. Finn Construction Co., et al., 60 PLJ 183 (1912), 21 PA D 644 (1912).

Corporations - incorporation of - Necessity of payment of 10 percent in cash - Quo warranto.

Commonwealth ex rel. Huhn v. Cunningham, et al., 60 PLJ 209 (1912), 21 PA D 219 (1912).

Municipal law - Boards of viewers - Act of June 23, 1911 - Const., art. iii, sections 3 and 5.

44

Commonwealth ex rel. Hutchinson v. County Commissioners, 60 PLJ 24 (1912), 21 PA D 265 (1912). Elections - Boroughs and Townships - Registration of voters - Constitutional law. Commonwealth ex rel. Wilson v. Gregg, 60 PLJ 447 (1912), 21 PA D 725 (1912). Election law - Terms of constables in cities of third class - Constitutional amendment of 1909 - Act of June 21, 1911. Commonwealth v. Adams, 60 PLJ 175 (1912), 21 PA D 532 (1912). Costs - Criminal cases - Summary convictions - Act of Sept. 23, 1791. Commonwealth v. Glick, 60 PLJ 536 (1912), 21 PA D 690 (1912). Summary conviction - Breach of the peace - Ball game - Sunday. Yates v. Connellsville Borough, 60 PLJ 438 (1912), 21 PA D 1048 (1912).

Municipal indebtedness - Increase not exceeding 2 per centum of assessed value - Deduction of outstanding debts due municipality - Borough of Connellsville - Const., art. ix, sec. 8 - Act of April 20, 1874. Boroughs - Ordinances - Submission to burgess - Contracts - Burden to show that there was no proceeding authorizing ordinance - Act of May 23, 1893.

Davis v. Rocks Coal & Coke Co. 60 PLJ 533 (1912), 21 PA D 649 (1912). Tax sales - County treasurer cannot make - Act of June 4, 1901. Dull, et al. v. Shields, et al., 60 PLJ 62 (1912), 21 PA D 587 (1912). Ejectment - Issue - Several independent tax titles may be relied upon. Dunn’s Tax Assessment Appeal, 60 PLJ 541 (1912), 21 PA D 665 (1912). Taxation - Assessments - Uniformity - Act of April 19, 1889. East Liberty Lodge No. 58, Loyal Order of Moose Charter, 60 PLJ 258 (1912), 21 PA D 438 (1912).

Corporations of the first class - Purposes of - Similarity - of names - fraternal societies - Clubs.

Estate of Bradley, 60 PLJ 381 (1912), 21 PA D 1022 (1912). Estate of Graham, 60 PLJ 381 (1912), 21 PA D 528 (1912).

Jurisdiction, O.C. - Waste - Life tenant and remainderman - Setting off compensation for waste against arrearanges of income due equitable life tenant.

Estate of Shook, 60 PLJ 385 (1912), 21 PA D 662 (1912).

Practice, O.C. - Executions - Distribution of money realized by Sheriff - Special returns - Act of June 4, 1901. Fell v. Schlieper, 60 PLJ 262 (1912), 21 PA D 989 (1912). Corporations - Foreign corporations - Submission of subscriber to jurisdiction of state in which corporation is created. Contract with promoter - Subscription for stock - Liability to receiver for unpaid subscription.

45

Guth v. Costa, 60 PLJ 310 (1912), 21 PA D 202 (1912). Verdicts - Recorded oral verdict cannot be amended to conform to verdict slip. Houze v. Masontown Glass Co., 60 PLJ 745 (1912), 21 PA D 745 (1912). Promissory notes - Immaterial alterations. Hunnings v. Hunnings, 60 PLJ 420 (1912), 21 PA D 825 (1912).

Husband and wife - Desertion - Seizure of husband's property - Jurisdiction - Domicile - Acts of April 13, 1867, May 23, 1907, and April 27, 1909.

In Re Banks and Banking, 60 PLJ 560 (1912), 21 PA D 682 (1912).

Banking corporations - Cashier ineligible as treasurer of building and loan association - Act of May 13, 1876.

In Re Licenses of Undertakers, 60 PLJ 576 (1912), 21 PA D 741 (1912). In Re Mine Examiners, 60 PLJ 479 (1912), 21 PA D 439 (1912).

Bituminous coal mines - Board of examiners - Mine foremen not eligible - Act of June 9, 1911.

Kephart v. Straub & Sherrick, 60 PLJ 371 (1912), 21 PA D 477 (1912).

Escheat - Landlord and tenant - Time of vesting in commonwealth - Right to collect rents - Act of April 27, 1909.

Leonard v. Bankers Protective Life & Benefit Association, 60 PLJ 726 (1912), 21 PA D 1108 (1912).

Life insurance - Warranties in Application - Copy must be attached to policy - Act of May 11, 1881.

Lesser v. Warren Borough, 60 PLJ 619 (1912), 21 PA D 578 (1912).

Constitutional law - Limitation of municipal indebtedness. Water companies - Acquisition by municipalities - Constitutional limit of municipal indebtedness - Acts of May 31, 1907, and April 22, 1909 - Const., art. ix, section 8.

Live Stock Sanitary Board, 60 PLJ 477 (1912), 21 PA D 510 (1912). Health - Branding Tuberculosis cattle - Acts of May 21, 1895, and April 1, 1905. Ritenour v. Barger, 60 PLJ 520 (1912), 21 PA D 628 (1912). New Trial - Mental incapacity of witness. Schuckers v. Schuckers, et al., 60 PLJ 387 (1912), 21 PA D 608 (1912).

Replevin - de retorno habendo - After entry of counter-bond, title to property remains in abeyance - Act of April 19, 1901.

46

1913 Barricklow v. Howard, 61 PLJ 360 (1913), 22 PA D 311 (1913).

Wages - Preferred claims - Attorney's stenographer and office girl - Acts of April 19, 1872, June 13, 1883, and May 12, 1891.

Bates v. Carter Construction Co., 61 PLJ 525 (1913), 22 PA D 1059 (1913).

Parties - Joinder - Action by plaintiff in his own right and to use. Statement - Loss of profits - Special Damages.

Beardsley v. Fulton, 61 PLJ 444 (1913), 22 PA D 921 (1913).

Pledge and collateral security - Pledge as trustee - Pledge or may require pledge to account for market value of collateral. Promissory notes - Fraudulent sale of collateral - Right of debtor to market value.

Blakeley’s Petition, 61 PLJ 206 (1913), 22 PA D 221 (1913).

Grand juries - Powers of - Duties of - Presentments by - Nature of - Right to reconvene after discharge - District-Attorneys - Duties of.

Commonwealth ex rel. District Attorney v. Armstrong, et al., 61 PLJ 103 (1913), 22 PA D 457 (1913). Cities of third class - Plumbing inspector - Board of health - Act of May 14, 1909. Commonwealth v. O’Brien, 61 PLJ 533 (1913), 22 PA D 1045 (1913).

Horse stealing - Constable - Reward for apprehension of offender under Act of March 15, 1821.

Commonwealth ex rel. Vannata v. Fayette County Commissioners, 61 PLJ 465 (1913), 22 PA D 654 (1913).

Constitutional law - Cities of the third class - Elections - Non-partisan ballot law - Borough incorporated as a city - Act of June 27, 1913 - Mandamus.

Donaldson, et al. v. Montour Railroad Co., 61 PLJ 420 (1913), 22 PA D 1069 (1913).

Eminent domain - Railroads - Bond not required in penal sum - Form of approved bond - Const., art. xvi, sect. 8 - Acts of Feb. 19, 1849, and April 9, 1856. Sureties - Decree approving surety company makes prima facie case in favor of right to do business in county.

Duggan v. Strange, 61 PLJ 136 (1913), 22 PA D 638 (1913).

Judgement on sci. fa. Sur mortgage - Striking off - Affidavit of claim - Presumption of payment. Mortgage - Scire facias - Presumption of payment - Affidavit of defence. Presumption of payment - Purchasers - Intervening creditors. Terre tenants - Plea - Affidavit of defence.

Estate of Griffin, 61 PLJ 535 (1913), 22 PA D 1093 (1913). Wills - What certificates necessary to entitle foreign will to record. Estate of Semple, 61 PLJ 382 (1913), 22 PA D 902 (1913). Wills - Specific and general legacies - Ademption.

47

Feinberg v. New York Life Insurance Co., 61 PLJ 433 (1913), 22 PA D 1001 (1913). Life insurance - Evidence - Papers not mentioned in policy - Act of May 11, 1881. Gillespie v. United States Express Co., 61 PLJ 159 (1913), 22 PA D 687 (1913). Express companies - Assumpsit for loss of goods - Affidavit of defence. Golligher v. Pennsylvania Railroad Co., 61 PLJ 44 (1913), 22 PA D 369 (1913).

Jurisdiction, C.P. - Subject matter and person - Negligence - Local actions - Waiver of objection by appearance and demurrer.

Green v. West Penn Railways Co., 61 PLJ 426 (1913), 22 PA D 509 (1913). Negligence - Infants - Live wire - Proximate cause. Henkel, et al. v. Beitsch, 61 PLJ 145 (1913), 22 PA D 895 (1913).

Statute of limitations - Negligence of malpractice of surgeon - Acts of March 27, 1713, and June 24, 1895.

In Re Hamilton Avenue Extension, 61 PLJ 383 (1913), 22 PA D 581 (1913). Municipal corporations - Assessments and claims - Right of city to discontinue

proceedings - Terms of discontinuance - Appointment of auditor - Act of May 16, 1891 - Practice, C.P.

In Re Big Sewickley Creek Road, 61 PLJ 263 (1913), 22 PA D 729 (1913).

Roads - State - Aid highways - Sharing of cost by state, county and township - When township's proportion exceeds debt limitation - Act of May 31, 1911.

Johnston v. Johnston, 61 PLJ 153 (1913), 22 PA D 649 (1913). Sheriff's fees - Counties - Classification of - Acts of April 1, 1887, and July 11, 1901. Nevin v. O’Neil, et al., 61 PLJ 531 (1913), 22 PA D 894 (1913).

Elections - Primaries - Increasing pay of election officers during term - Act of June 27, 1913 - Constitutional Law.

Sankey v. Commonwealth Trust Co., 61 PLJ 330 (1913), 22 PA D 1081 (1913).

Partition - Judgements - Lien of, against decedents - Failure to revive - Act of June 14, 1901.

Sinclair’s Nomination, 61 PLJ 141 (1913), 22 PA D 1016 (1913).

Election law - Ballots - Refusal of commissioners to print name - Mandamus - Act of June 10, 1893.

Singer Sewing Machine Co. v. Peluso, et al., 61 PLJ 438 (1913), 22 PA D 1068 (1913). Landlord and Tenant - Distraint for rent - Time of appraisement - Act of March 21, 1772. Snowden v. Porter, 61 PLJ 529 (1913), 22 PA D 995 (1913). Ejectment - Adverse possession - Life tenant's possession not adverse to remainderman.

48

Speer v. Monongahela Railroad Co., 61 PLJ 76 (1913), 22 PA D 292 (1913). Eminent domain - Railroads - Right to damages after location - Abandonment of location- Executors and administrators.

Wilson v. Commonwealth, 61 PLJ 449 (1913), 22 PA D 999 (1913). Justices of the peace - Certiorari - Amendment of return - Disqualification of justice to hear case. 1914 Allen v. Osborne, 62 PLJ 138 (1914), 23 PA D 394 (1914).

Interest - Recovery of usurious payments - Anticipating maturity of mortgage debt - Act of May 28, 1858.

Commonwealth ex rel. Christy v. Walters, 61 PLJ 230 (1914), 23 PA D 728 (1914). Mandamus - Service of writ in alternate form - Acts of June 8, 1893, and July 9, 1901. Commonwealth ex rel. v. Francies, 61 PLJ 184 (1914), 23 PA D 920 (1914). Habeas corpus - Criminal law - Conviction in another country - Jurisdiction, C.P. Commonwealth v. Grossman, et al., 62 PLJ 110, 23 PA D 379 (1914). Private Banks - Bond to commonwealth - Act of June 19, 1911 - Constitutional Law. Commonwealth v. Kelley, 62 PLJ 389 (1914), 23 PA D 766 (1914). Desertion and non-support - "And" not to be construed "or" in Act of March 13, 1903. Commonwealth v. Moran, 62 PLJ 155 (1914), 23 PA D 418 (1914).

Criminal law - Fornication and bastardy bonds for maintenance p Suretyship - Death of principal.

Contested Election of South Connellsville, 62 PLJ 100 (1914), 23 PA D 915 (1914). School law - Directors - Contested elections - Acts of May 19, 184, and May 18, 1911. Doverspike v. Keown, et al., 62 PLJ 69 (1914), 23 PA D 237 (1914).

Partition - Plea - Necessity of including all real estate held as tenants in common from common ancestor.

Estate of Swan, 62 PLJ 217 (1914), 23 PA D 737 (1914). Partition, O.C. - Adverse possession - Duty of Court p Evidence - Ejectment. Fayette County v. Baltimore & Ohio Railroad Co., 62 PLJ 123 (1914), 23 PA D 187 (1914).

Eminent domain - Railroad companies - Compensation of viewers - County cannot recover back - Acts of February 19, 1849, June 23, 1911, and May 29, 1913.

49

Goldstein v. Allegheny County, 62 PLJ 226 (1914), 23 PA D 901 (1914). Criminal law - Practice, Q.S. - Writs - Service of, by constable of another borough - Fees- Justices of the peace.

Hyde v. Holland, 62 PLJ 99 (1914), 23 PA D 319 (1914).

Bankruptcy - Exemption - Attachment execution - Goods in hands of trustee - Executions- Practice, C.P.

In Re Medical Practice, 62 PLJ 210 (1914), 23 PA D 296 (1914).

Bureau of Medical Education and Licensure - Prosecutions for violation of Act of July 25, 1913.

In Re School District Indebtedness, 62 PLJ 551 (1914). 23 PA D 917(1914).

School law - District indebtedness - Limit p Amendment to const., art. ix, sect. 8, adopted in 1913 - Enabling legislation.

James, et al. v. City of Pittsburgh, et al., 62 PLJ 223 (1914), 23 PA D 637 (1914). Municipal law - Public markets - Rent of stalls - Limitation on amount of. Kinografen Ltd. V. Henius, 62 PLJ 410 (1914), 23 PA D 980 (1914).

Foreign judgements - Statement of claim - Affidavits by agent - Necessity of full record - Translations - Certificate of competency of translator.

Manchester v. Addy, 62 PLJ 128 (1914), 23 PA D 854 (1914).

Rules of court - Abatement by death of party - Notice to representatives - Allegheny County Court Rule 1.

McKelvey v. McKelvey, 62 PLJ 408 (1914), 23 PA D 1092 (1914).

Divorce - Notice of hearing - Service must show identity of respondent - Affidavit to libel - Libellant's attorney ineligible to take - Practice, C.P.

McLaughlin v. Jefferson County, 62 PLJ 54 (1914), 23 PA D 479 (1914).

Wild animals - Probation of claim for bounty for killing - Justices' fees - by whom to be paid - Acts of April 10, 1907, and April 23, 1909. Constitutional law - Title of Act - Omission of title to mention by whom justices' fees to be paid - Notice to counties made liable for - Act of April 23, 1909.

Nash v. Douglas, 62 PLJ 40 (1914), 23 PA D 254 (1914). Practice, J.P. - Certiorari - Costs on reversal - Act of May 11, 1901. Porreca v. Marks, 62 PLJ 70 (1914), 23 PA D 276 (1914). Set-off - Judgements - Trespass - Assumpsit. Smith v. Smith, 62 PLJ 483 (1914), 23 PA D 572 (1914).

Landlord and Tenant - Recovery of possession at expiration of term - Appeals - Proceedings in Common Pleas - Ejectment - Continuance - Acts of December 14, 1863, and May 8, 1901.

Standard Talking Machine Co. v. Bonani, 62 PLJ 149 (1914), 23 PA D 201 (1914).

50

Service of process - Handing copy to defendant's wife - Certiorari may issue after twenty days where justice without jurisdiction - Acts of March 20, 1810 and July 9, 1901.

Wysocki, Admx., v. Tomoski, 62 PLJ 30 (1914), 23 PA D 358 (1914). Foreign attachment - Lien of - Sheriff's sales - Distribution of proceeds of real estate.

1915 Automobile Club v. City of East McKeesport, 63 PLJ 51 (1915), 24 PA D 815 (1915). Automobiles - Right of borough to place warning signs on its streets - Injunction. Baltimore & Ohio Railroad v. Black, 63 PLJ 137 (1915), 24 PA D 490 (1915). Equity - Injunction - Prescriptive right to use water. Clark v. Clark, 63 PLJ 126 (1915), 24 PA D 475 (1915). Divorce - Desertion- Jurisdiction - Respondent not served - Act of May 9, 1913. Commonwealth v. McKinnie, 63 PLJ 49 (1915), 24 PA D 317 (1915).

Insanity - Act of June 26, 1895 - Habeas corpus - right of Common Pleas to overrule Quarter sessions - Jurisdiction, C.P.

Dickson’s Estate v. Lee, Exec., et al., 63 PLJ 105 (1915), 24 PA D 375 (1915). Real estate - Sheriffs' sales - Fees - Poundage. Drake v. Woods, Secretary of the Commonwealth, 63 PLJ 591 (1915), 24 PA D 944 (1915).

Election law - Non-partisan primary - Judicial vacancies - Sole nominee - Act of June 18, 1915.

East End Savings & Trust Co. v. Johnson, et al., 63 PLJ 319 (1915), 24 PA D 1078 (1915).

Pleading - Partnership - Confusion of partnership and individual claims - Necessity of setting out contract - Practice, C.P.

Hartley v. Langkamp 63 PLJ 295 (1915), 24 PA D 950 (1915).

Equity - Cancellation of deed - Repayment of purchase price, less costs of proceedings -Accrued taxes not deductible.

Homestead Nest of Owls v. Abels, 63 PLJ 286 (1915), 24 PA D 1040 (1915). Arbitration - Absence of one arbitrator - Award -Validity of. Huselton v. Woods, Secretary of the Commonwealth, 63 PLJ 588 (1915), 24 PA D 941 (1915).

Election law - Non-partisan primary - Right as sole nominee - Acts of July 24, 1913 and June 18, 1915.

51

In Re Constitutional Amendments, 63 PLJ 400 (1915), 24 PA D 591 (1915). Constitutional Amendments - Advertising and Printing on official ballot - Requisites - Senate Resolution 1406.

In Re Joint or Concurrent Resolutions, 63 PLJ 346 (1915), 24 PA D 721 (1915). Joint or concurrent resolutions - When to be approved or disapproved by the Governor. In Re Mothers’ Pension Act, 63 PLJ 60 (1915), 24 PA D 285 (1915). Mothers' pensions - Mother, with husband in asylum, not within Act of April 29, 1913. In Re Trust Companies Acting as Real Estate Brokers, 63 PLJ 518 (1915), 24 PA D 970 (1915). Trust companies acting as real estate brokers - Taxation - Act of May 7, 1907. In Re Workmen’s Compensation Act, 63 PLJ 297 (1915), 24 PA D 373 (1915).

Workmen's Compensation Act - Aliens - Treaty with Italy - 14th Amendment of the Federal Constitution.

Kaiser v. Kaiser, 63 PLJ 174 (1915), 24 PA D 701 (1915).

Husband and wife - Divorce - Desertion - Cruelty - Practice - Cross-bill - Testimony after master's report.

Locomobile Co. of America v. Malone, 63 PLJ 179 (1915), 24 PA D 1058 (1915).

Foreign corporations - Registration of -Act of June 8, 1911 - Constitutional law. Foreign corporations - Necessity of registering branch offices - Effect of failure to do upon right to do business.

Moll v. Morrow, City Controller, et al., 63 PLJ 177 (1915), 24 PA D 451 (1915).

Municipal law - Cities of second class - Bureau of public morals - Delegation of municipal functions to special commissions - Act of June 27, 1913 - Const., art. iii, sect. 20

Newmann, et al. V. Goldhammer, et al., 63 PLJ 128 (1915), 24 PA D 402 (1915). Attorneys - Appearance - Withdrawal of - Replevin - Arbitration. Rossiter v. Woods, Secretary of the Commonwealth, 63 PLJ 586 (1915), 24 PA D 1024 (1915). Election law - Non-partisan primary - Right as sole nominee - Act of July 24, 1913. Vaughan v. Magee, 63 PLJ 35 (1915), 24 PA D 76 (1915).

Trial - Negligence - Remarks of Counsel - Reference to amount claimed in statement - Pennsylvania rule applied in Federal Courts.

Walter v. Mahaffey, et al., 63 PLJ 333 (1915), 24 PA D 954 (1915). Mandamus - Right to compel extension of borough water service.

1916

52

Antram v. Receivers of Tower Hill Connellsville Coal & Coke Co., 64 PLJ 239 (1916), 25 PA D 773 (1916).

Tax collector - Petition for order on receivers of corporation to pay taxes as first lien on real estate.

Central Trust Co. v. Rieger, et al., 64 PLJ 228 1916), 25 PA D 1074 (1916).

Attachment - execution - Commissions of superintendent -of construction and supervising architect - Act of April 15, 1845.

Commonwealth v. Mountain, 64 PLJ 340 (1916), 25 PA D 714 (1916).

Summary conviction - Certiorari - Special allowance - Act of March 20, 1810. Children - Cruel Punishment - Jury trial - Act of June 1, 1879.

Commonwealth v. Skirball, 64 PLJ 66 (1916), 25 PA D 399 (1916).

Motion pictures - Summary conviction - Separate and distinct offences - Act of May 15, 1915.

Commonwealth v. Sutton, 64 PLJ 175 (1916), 25 PA D 712 (1916).

Children - Cruel Punishments - Trial by jury - Act of June 11, 1879 - Art. I, sect. 6, of Constitution.

Dunn v. Dunn, 64 PLJ 321 (1916), 25 PA D 379 (1916). Divorce - Master's hearing - Service of notice of - Attorneys - Extra-territorial service. Eicher v. Eicher, 64 PLJ 322 (1916), 25 PA D 972 (1916). Divorce - Jurisdiction - Act of April 26, 1905. Estate of Pappas, 64 PLJ 177 (1916), 25 PA D 1019 (1916).

Jurisdiction, O.C. - Recovery of money paid administrator under mistake of fact - Effect of negligent payment through failure to investigate.

Independent School District of Morris Township, 64 PLJ 100 (1916), 25 PA D 38 (1916). School law - Establishment of independent districts - Practice - Act of may 18, 1911. In Re Corporation Accounts & Reports, 64 PLJ 469 (1916), 25 PA D 955 (1916).

Corporations - Reports filed with the Auditor General in March - Penalty for delay - Act of June 2, 1915.

In Re Employment of Minors in Cigar Manufacturing, 64 PLJ 335 (1916), 25 PA D 903 (1916). Child Labor Act of May 13, 1915 - Employment of minor in manufacturing cigars. In Re Free Public Library, 64 PLJ 612 (1916), 25 PA D 1065 (1916).

School Code - Appropriation by a school district to public library - Const., art. iii, sect. 3, art. ix, Sect. 7 - Title of Act - Act of May 18, 1911, sect. 2510.

In Re Indebtedness of School District, 64 PLJ 417 (1916), 25 PA D 460 (1916).

School law - District indebtedness - Limit - Amendment to Const., art. ix, sect. 8, adopted in 195 - Enabling legislation - Acts of April 20, 1874, and May 14, 1915.

53

In Re Mercantile Appraisers, 64 PLJ 60 (1916), 25 PA D 337 (1916).

Public officers - De facto officers - Mercantile appraisers - Assessments - Act of May 2, 1899.

In Re Title to Islands, 64 PLJ 266 (1916), 25 PA D 554 (1916). Pre-emption right to islands. In Re Slot Machines, 64 PLJ 416 (1916), 25 PA D 671 (1916). Mercantile license tax - Retail vendors - Automatic slot-machines - Act of May 2, 1899. Kramfert v. Dauphin Co., 64 PLJ 222 (1916), 25 PA D 153 (1916).

Witnesses - Commitment in default of bail - Murder - Rate of fee - Acts of March 31, 1860, and April 17, 1913.

Mandelblatt, et al. v. Congregation Base Abraham, et al., 64 PLJ 406 (1916), 25 PA D 741 (1916).

Corporations - Illegal admission of members - Remedy for - Equity jurisdiction - Quo warranto.

McMichael v. McMichael, 64 PLJ 329 (1916), 25 PA D 677(1916). Divorce - Cruelty - Uncorroborated testimony of libellant before an examiner. Merkel v. Naftzinger, 64 PLJ 466 (1916), 25 PA D 905 (1916). Evidence - Admissions by next friend - Admissibility. Pennsylvania Railroad Co. v. Diulius, 64 PLJ 45 (1916), 25 PA D 396 (1916).

Common carriers - Freight and demurrage charges - Sales for - Duty of carrier to sell upon notice by cosignee - Notice to "representative" - Affidavits of defence.

Road Near La Grange Station, 64 PLJ 139 (1916), 25 PA D 67 (1916).

Road law - Terminus a railroad station - Width of road - Requisites of petition for review - Act of June 13, 1836.

Snyder v. Jenkins, 64 PLJ 429 (1916), 25 PA D 929 (1916).

Negligence - Automobiles - Violation of speed limit - Acquiescence of passenger in unlawful act.

Solomon v. Reymer, 64 PLJ 1 (1916), 25 PA D 479 (1916).

Negligence - Automobiles - Acts of Chauffeur - Distinction between abandonment of, and deviation from, employer's business.

United States ex rel. Salak v. Keeper ofJuvenile Court Detention Rooms, 64 PLJ 247 (1916), 25 PA D 780 (1916).

Juvenile Court - Detention for physical or mental examination - Constitution, U.S> - Due Process of law - Habeas corpus.

54

Vernon Township v. United National Gas Co., 64 PLJ 150 (1916), 25 PA D 966 (1916).

Gas companies - Township supervisors - Acceptance of offers - Estoppel - Eminent domain - Act of May 29, 1885.

Watson v. Pennsylvania Railroad Co., 64 PLJ 432 (1916), 25 PA D 1034 (1916). Practice Act, 1915 - Service of statement before return-day. Weber, et al. v. Consolidated Ice Co., 64 PLJ 432 (1916), 25 PA D 992 (1916).

Practice, C.P. - Trespass - Statement of claim - Necessity of affidavit and endorsement - Act of may 14, 1915.

1917 Adler v. Tucker, 65 PLJ 620 (1917), 26 PA D 977 (1917).

Damage to real estate - Negligence - Contributory negligence - Practice Act of May 14, 1915.

Armstrong, for use, v. Wolcott, 65 PLJ 389 (1917), 26 PA D 899 (1917).

Tax liens - Property belonging to city - Sheriff's sales - Return - Liability of city to county for taxes - Acts of May 28, 1915, and April 27, 1909.

Blair v. Blair, 65 PLJ 81 (1917), 26 PA D 1003 (1917). Parent and child - Habeas corpus - Custody of child. Brownsworth & Co. v. Sulkin, 65 PLJ 173 (1917), 26 PA D 660 (1917).

Practice Act - Affidavit of defence - Judgement for want of, before return-day - Acts of June 13, 1836, and May 14, 1915.

Commonwealth v. Keister, 65 PLJ 407 (1917), 26 PA D 922 (1917). Automobiles - Standing on the highway without showing lights - Acts of July 7, 1913. Corosu, et al. v. Allegheny River Mining Co., 65 PLJ 217 (1917), 26 PA D 379 (1917).

Practice, C.P. - Affidavit to statement of claim in trespass - Statement sworn to by some one other than plaintiff - Practice Act of May 14, 1915.

Dilworth Bros. Co. v. Thomas Canning co., 65 PLJ 356 (1917), 26 PA D 1018 (1917).

Practice, C.P. - Return of summons - Signature of sheriff by rubber stamp. Foreign corporations - Doing business within state.

Estate of Carroll, 65 PLJ 788 (1917), 26 PA D 1058 (1917). Practice, O.C. - Burial expenses of minor's mother. Estate of Imblum, 65 PLJ 384 (1917), 26 PA D 852 (1917). Decedent's estates - Deeds - Failure of wife to join - Damages - Allowance.

55

Estate of McClure, 65 PLJ 306 (1917), 26 PA D 892 (1917). Decedents' estates - Execution - Attachment - Liability of income after plea pleaded - Jurisdiction, O.C.

Estate of Tucker, 65 PLJ 329 (1917), 26 PA D 1097 (1917).

Divorce - Conflict of laws - Validity of divorce in sister state - Rights in estate of intestate who had remarried after being divorced. Presumption of receipt of notice by mail.

Farmers & Breeder's Mutual Reserve Etc. Co. v. Elliot, 65 PLJ 438 (1917), 26 PA D 436 (1917). Practice, C.P. - Counter-claim in assumpsit - Insurance - Practice Act of May 14, 1915. In Re Federal Reserve Banking Notes, 65 PLJ 447 (1917), 26 PA D 1050 (1917).

Banks and Banking - Federal Reserve Bank notes as part of cash reserve - Act of May 8, 1907.

In Re Filing Inventory for Collateral Inheritance Tax, 65 PLJ 437 (1917), 26 PA D 1096 (1917). Collateral inheritance tax - Compelling the filing of an inventory. In Re Oleomargarine Retailing, 65 PLJ 385 (1917), 26 PA D 1064 (1917).

Oleomargarine - Agent of manufacturer holding wholesale license selling at retail - Act of June 5, 1913.

In Re Satisfaction of Mortgages, 65 PLJ 63 (1917), 26 PA D 240 (1917).

Mortgages - Satisfaction by recorder of deeds - Form of authorization required - Act of May 28, 1715.

In Re Sheriff's Compensation for Boarding Prisoners, 65 PLJ 193 (1917), 26 PA D 1021 (1917).

Public officers - Sheriff's compensation for boarding prisoners - Counties of not more than 150,000 inhabitants - County commissioners - Act of May 23, 1913.

Hall, et vir. V. Pittsburgh Coal Co., 65 PLJ 57 (1917), 26 PA D 422 (1917).

Workmen's Compensation Act of June 2, 1915 - Definition of relatives dependent upon injured employee.

Klein v. Oliver Iron & Steel Co., 65 PLJ 645 (1917), 26 PA D 932 (1917).

Workmen's compensation - Blindness due to loss of eye remaining after previous accident - Total disability - Partial disability - Act of June 2, 1915, sect. 306, construed.

Luzerne County National Bank v. Stout, 65 PLJ 238 (1917), 26 PA D 1093 (1917). Practice Act of May 14, 1915 - Failure to serve copy of affidavit of defence. Mishkin v. Edelson, 65 PLJ 71 (1917), 26 PA D 26 (1917). Magistrates - jurisdiction - Damages - Consequential - Contract.

56

O'Kane v. Murray, 65 PLJ 155 (1917), 26 PA D 1075 (1917). Practice, C.P. - Sci.fa. sur mechanic's lien - Personal judgement against the owner or contractor - Mechanic's Lien Act of June 4, 1901. Constitution Law - Art. iii, sect. 7, of the Constitution - Providing a new method for the collection of a debt or the enforcement of a judgement.

Pittsburgh & Allegheny Telephone Co. v. Kirker, 65 PLJ 152 (1917), 26 PA D 1052 (1917).

Judgements - Transcript of judgement obtained before magistrate - Waiver of stay of execution, inquisition or exemption to be noted by prothonotary - Act of June 24, 1885.

Shipe, et ux. v. Reed, et al., 65 PLJ 311 (1917), 26 PA D 1080 (1917).

Workmen's Compensation Act of June 2, 1915 - "Reckless indifference to danger" where provisions of art. iii of the act have been accepted.

Weaver v. Welsh, 65 PLJ 686 (1917), 26 PA D 1120 (1917). Landlord and tenant - Possession - Act of March 31, 1905. 1918 Ayres, et al. v. John Dunlap Co., 66 PLJ 17 (1918), 27 PA D 552 (1918).

Workmen's Compensation Act of June 2, 1915, not applicable to minors unlawfully employed.

Chatham Hotel Liquor License, 66 PLJ 27 (1918), 27 PA D 395 (1918).

Liquor licenses - Duration of - Applications for less than period of year and after time for regular hearings.

City of Pittsburgh v. Cohn Brothers Co., 66 PLJ 304 (1918), 27 PA D 975 (1918).

Municipal corporations - Recovery against property owner for damages paid for injuries sustained through dangerous sidewalks - Assumpsit - Trespass - Practice, C.P.

Commonwealth v. Anderson, 66 PLJ 56 (1918), 27 PA D 528 (1918). Summary conviction - Appeal - Reasonable doubt - Fish law of May 1, 1909. Commonwealth v. Druschell, 66 PLJ 520 (1918), 27 PA D 791 (1918). Motor-vehicles - Operating recklessly. Commonwealth v. George, et al., 66 PLJ 702 (1918), 27 PA D 845 (1918).

Criminal law - Desecration of the flag - Advertisement containing a printed representation of the United States flag - Acts of April 29, 1897, and May 23, 1907.

Commonwealth v. Ramsey, 66 PLJ 95 (1918), 27 PA D 889 (1918).

Practice, Q.S. - Rape - Variance between information and incident - Motion for arrest of judgement.

57

Crookshank v. Home for Aged Protestants, 66 PLJ 31 (1918), 27 PA D 346 (1918).

Workmen's compensation - Appeals - Duty of court - Findings of fact by referee conclusive - Evidence - Charitable institutions - Liability of.

DiCosso v. DiCosso, 66 PLJ 392 (1918), 27 PA D 818 (1918).

Divorce - Evidence - Interpreters - Necessity of using court interpreter or one specially appointed by court.

Estate of Michalowski, 66 PLJ 217 (1918), 27 PA D 503 (1918).

Decedents' estates - Distribution of - Attachment execution against executor - Partnership - Jurisdiction of Orphan's Court - Amendment of distribution decree to show names of individual partners. Practice, O.C. - Estoppel by voluntary answers.

Estate of Murray, 66 PLJ 203 (1918), 27 PA D 104 (1918).

Decedents' estates - widow's share of her husband's estate - Preference of $5000 under the Act of April 1, 1909 - Right of deceased widow's next of kin.

Estate of Post, 66 PLJ 761 (1918), 27 PA D 748 (1918). Widow's exemption - Family relation - Fiduciaries Act of June 7, 1917. Flucker v. Carnegie Steel Co., 66 PLJ 271 (1981), 27 PA D 718 (1918).

Workmen's Compensation Act - Absence from work without permission - Evidence - Findings of fact distinguished from conclusions based on admitted facts or uncontradicted evidence - Duty of court on appeal.

Freidburg v. Seeherman, 66 PLJ 806 (1918), 27 PA D 972 (1918). Practice Act, 1915 - Affidavit of defence. Gephart v. Kisinger, 66 PLJ 259 (1918), 27 PA D 567 (1918).

County road engineer - Salary to be fixed by county commissioners - Acts of March 31, 1876, and May 11, 1911.

Grimaldi v. Martin, 66 PLJ 551 (1918), 27 PA D 734 (1918). Partnership - Sale of assets by partner. Hollander v. Dawson Construction Co., 66 PLJ 97 (1918), 27 PA D 555 (1918). Automobiles - Collision - Measure of damages - Hire of another automobile - Physicians. In Re Dog Laws, 66 PLJ 209 (1918), 27 PA D 891 (1918).

Police officers - Authority to detain or kill dogs - Fees for such services - Dog Law of July 11, 1917. Dog Law - Neglect of official duty prescribed by law - Definition of "any person" in the Act of July 11, 1917.

In Re Dog Licenses, 66 PLJ 212 (1918), 27 PA D 893 (1918).

Conflict of laws - Borough ordinance for bidding discharge of firearms - Killing dogs running at large - Act of July 11, 1917. Dog Law - Meaning of words "running at large" - Act of July 11, 1917. Dog Law - Licenses to keep dogs - Date when application must be made.

58

In Re Employment of Minors, 66 PLJ 614 (1918), 27 PA D 1047 (1918). Boys under fourteen distributing merchandise - Child Labor Law of May 13, 1915. In Re Employment Agencies, 66 PLJ 425 (1918), 27 PA D 584 (1918).

Employment agencies - Department of Labor and industry - Power to make rules for such agencies - "Labor Scouting" - Act of June 7, 1915, P.L. 888.

In Re Food Control Act, 66 PLJ 506 (1918), 27 PA D 184 (1918).

Conflict of laws - Food Control Act - Cold storage law - Use of boric acid as a food reservative - Dried fish - Act of May 16, 1913.

In Re Injured Employees of the Commonwealth, 66 PLJ 598 (1918), 27 PA D 400 (1918).

Workmen's Compensation Act - Employees of the Commonwealth - Method of payment - Act of June 2, 1915.

In Re National Banks, 66 PLJ 572 (1918), 27 PA D 986 (1918).

National Banks - Right to engage in trust business - Act of Congress of Dec. 23, 1913 - Acts of April 29, 1874, and May 9, 1889. National Banks - State regulation of their trust business - Courts - Commissioner of Banking - Acts of Feb. 11, 1895, and June 7, 1907.

In Re Notary Public, 66 PLJ 703 (1918), 27 PA D 820 (1918). Notary Public - Appointment of mayor as notary public. In Re Pardons, 66 PLJ 513 (1918), 27 PA D 830 (1918).

Indeterminate sentence - Parole - Second offence - Pardons - Acts of June 19, 1911, and June 3, 1915.

In Re Private Bankers, 66 PLJ 535 (1918), 27 PA D 858 (1918). Death - license - Conduct of business by executor or administrator - Legate In Re State Employees, 66 PLJ 597 (1918), 27 PA D 98 (1918).

Status of officers and employees of the Commonwealth in the military or naval service of the United States - Compensation to dependents - Act of June 7, 1917.

In Re State Forest Lands, 66 PLJ 225 (1918), 27 PA D 934 (1918). Leased lands - Liability of building to taxation. In Re Volunteer Police Officers' Powers, 66 PLJ 492 (1918), 27 PA D 163 (1918).

Criminal law - Volunteer police officers - Arresting persons outside the county in which the officer is commissioned - Acts of May 2, 1899, and July 18, 1917.

In Re Widening of Elmira Street, 66 PLJ 287 (1918), 27 PA D 752 (1918). Municipal claims - Streets - Report of viewers - Qualified award. In Re Workmen's Insurance Fund, 66 PLJ 101 (1918), 27 PA D 807 (1918). State Workmen's Insurance Fund - Federal Income Tax. Jordan v. Abrams & Jones, et al., 66 PLJ 65 (1918), 27 PA D 485 (1918). Workmen's Compensation Act of June 2, 1915 - Independent contractor.

59

Kalisch v. Siesel & Tole, 66 PLJ 713 (1918), 27 PA D 771 (1918). Power of court to correct or complete verdict. Mitchell v. McGinley, 66 PLJ 107 (1918), 27 PA D 399 (1918).

Automobiles - Injuries to person - Damages to personal property - Joinder of causes of action - Pleading and Practice, C.P. Insurance - Separate verdicts on separate causes of action, where only one cause is protected by insurance.

National Foundry Co. v. the Wilkoff Co., 66 PLJ 305 (1918), 27 PA D 329 (1918).

Foreign attachment - Service outside of the country - Acts of June 13, 1836, July 9, 1901, and April 3, 1903.

Patterson v. Harkless, 66 PLJ 275 (1918), 27 PA D 556 (1918). Service of process - Defendant in criminal case - Privilege. Perrett, Admin'r., v. Baltimore & Ohio Railroad Co., 66 PLJ 276 (1918), 27 PA D 684 (1918).

Aliens - Actions by enemies - Effect of citizenship of legal representative - Stay of proceedings during war.

Phlor, Claimant, v. Zimmer Fidelity & Casualty Co., 66 PLJ 629 (1918), 27 PA D 943 (1918).

Workmen's Compensation Act of 1915 - Claim by employee of sub-contractor - Liability of the principal contractor to such employee - Failure to give notice of intention not to be bound by the Compensation Act.

Richards v. Dravosburg Borough, 66 PLJ 253 (1918), 27 PA D 915 (1918).

Municipal corporations - Street improvements - Amounts received in settlement of - Right of property owner to accounting - Equity jurisdiction.

Schick v. Hood, 66 PLJ 415 (1918), 27 PA D 639 (1918). Corporations - By-laws - Corporate elections. Sen v. Lewellyn, 66 PLJ 236 (1918), 27 PA D 834 (1918). Aliens - Actions by subjects of enemy powers, resident in Pennsylvania. Shipley-Massington Co. v. Golden, 66 PLJ 21 (1918), 27 PA D 953(1918). Practice, C.P. - Judgement for want of an affidavit of defence - Practice Act of 1915. Slish v. Stoezka, 66 PLJ 249 (1918), 27 PA D 1046 (1918).

Principal and surety - Bond in capias - Failure to surrender principal - Affidavit of defence - Statute of limitations.

Speer's Petition, 66 PLJ 161 (1918), 27 PA D 851 (1918).

Feme sole trader - Divorce - Effect of extra-domiciliary proceedings for - Remarriage in state of domicile - Status of parties - Act of May 9, 1913 - Comity.

60

Sperry, et ux. v. Eiler Lumber & Mill Co. 66 PLJ 312 (1918), 27 PA D 777 (1918). Husband and wife - Negligence - Joint actions - Separate judgements - Act of May 8, 1895 - Practice, C.P.

Strandness v. Strandness, 66 PLJ 345 (1918), 27 PA D 903 (1918).

Divorce - Marriage by weak-minded person - Procedure for annulment - Insanity as cause for divorce - Acts of April 13, 1843, and April 18, 1905.

United States v. Mallon, 66 PLJ 393 (1918), 27 PA D 228 (1918).

Military law - selective Draft Act - Failure to return questionnaire. Selective Draft Act - Classification card - Failure to have upon person - Criminal law, U.S.A. Selective Draft Law - Failure to register - Procedure in cases of.

Van Meter v. Berryman, 66 PLJ 99 (1918), 27 PA D 380 (1918). Judgements - Opening of - Bond given is settlement of litigation - Duress. Willis Manufacturing Co. v. Pennsylvania Railroad Co., 66 PLJ 223 (1918), 27 PA D 657 (1918). Mechanics' liens - Public service corporations - Partial use of railroad property by tenants. Wise v. Cambridge Springs Borough, 66 PLJ 441 (1918), 27 PA D 840 (1918). Borough policeman not employee under Workmen's Compensation Act. Woloszynowski v. Woloszynowski, 66 PLJ 33 (1918), 27 PA D 441 (1918).

Divorce - Residence of parties - Jurisdiction, C.P. - Acts of March 13, 1815, and April 26, 1905.

1919 Agricultural Trust Co., for use, v. Shaub, et al., 67 PLJ 525 (1919), 28 PA D 225 (1919).

Written instruments - Alterations - Addition of subscribing witness. Non-negotiable notes - Warrant to confess judgement - Signing note in blank - Loss as between two innocent parties. Petition to open judgement - Evidence - Act of May 28, 1913.

Alderdice, Superintendent of Police Bureau, v. Gordon et al., 67 PLJ 356 (1919), 28 PA D 492 (1919). Allegheny By-Products Co. v. Hillman & Sons Co., 67 PLJ 593 (1919), 28 PA D 1036 (1919).

Nuisance - building used for prostitution - Act of July 26, 1913 - Injunction - Constitutional law - Right of trial by jury.

Atlantic Refining Co. v. United States, 67 PLJ 510 (1919), 28 PA D 586 (1919).

U.S. District Court - Affidavit of defence law - Summary judgements in suits against the United States cannot be entered for want of a sufficient affidavit - Acts of May 14, 1915, and May 3, 1917.

61

Blume v. Battaglia, 67 PLJ 128 (1919), 28 PA D 689 (1919). Soldiers' and Sailors' Civil Relief Act. Borkey v. Faust, 67 PLJ 430 (1919), 28 PA D 411 (1919). Practice, C.P. - Verdict - Form of verdict. Trespass. Brook v. Bromley, 67 PLJ 335 (1919), 28 PA D 291 (1919).

Extinguishment of ground rent - Averments of petition - Acts of June 14, 1897, and July 19, 1917.

Brown v. Wertz & Co., 67 PLJ 469 (1919), 28 PA D 828 (1919).

Statutes - Repeal by implication - Warehouse receipts Act of March 11, 1909 - Act of Dec. 14, 1863.

Calton Manufacturing Co. v. Prospect Dye Works, 67 PLJ 13 (1919), 28 PA D 449 (1919). Affidavits of defence - Liens - Dyers' lien - Act of May 20, 1913. Commonwealth v. Bretz, 67 PLJ 153 (1919), 28 PA D 918 (1919). Quashing of indictment - Statute of limitations - Evidence - Fraudulent intent. Commonwealth v. Cutsavage, 67 PLJ 638 (1919), 28 PA D 736 (1919). Practice, J.P. - Surety of the peace - Transcript - Act of March 18, 1909. Commonwealth v. Deegan, et al., 67 PLJ 302 (1919), 28 PA D 319 (1919). Practice, Q.S. - Nolle prosequi - Imposition of costs upon the county. Commonwealth v. Eisenbise, 67 PLJ 488 (1919), 28 PA D 732 (1919).

Criminal law - Embezzlement - Unincorporated beneficial associations - Embezzlement of funds acquired by illegal practices - Evidence - Nol. Pros. - Reindictment.

Commonwealth v. Phillips, 67 PLJ 830 (1919), 28 PA D 968 (1919). Sheriff's levy - Stay of proceedings - Rights of execution creditors - Sheriff's liability. Commonwealth v. Silverman, 67 PLJ 429 (1919), 28 PA D 796 (1919).

Criminal law - Per jury - Venue - Jurisdiction - Affidavit to pleading made in another county - Quashing indictment.

Commonwealth v. Vogt, 67 PLJ 272 (1919), 28 PA D 865 (1919). Non-support - Warrant of arrest - Discharge. Commonwealth ex rel. v. The Bell Telephone Co., 67 PLJ 273 (1919), 28 PA D 400 (1919).

Telephone companies - Change of rates of companies taken over by the Federal Government under joint resolution of Congress, July 16, 1918.

Commonwealth ex rel. Coyne v. Lewis, 67 PLJ 427 (1919), 28 PA D 591 (1919).

Habeas corpus - Information - Defective where based on "information received," without stating from whom received, its nature and showing subscription by informant.

62

Delaney v. Buffalo, Rochester & Pittsburgh Railway Co., 67 PLJ 574 (1919), 28 PA D 919 (1919). Negligence - Railroads - Fall caused by lurching of train on curve. Di Tomasso v. Lehigh & New England Railroad Co., 67 PLJ 462 (1919), 28 PA D 473(1919). Railroads - Federal control - Rule to strike off service. Estate of Amodei, 67 PLJ 694 (1919), 28 PA D 803 (1919).

Trust for funeral expenses - Designation of minor as trustee - Attempt to repudiate contract with undertaker.

Estate of Anderson, 67 PLJ 232 (1919), 28 PA D 327 (1919).

Wills - Life estate with power to consume - Necessity of security from life-tenant - Earlier provision enlarged by later one.

Estate of Bowman, 67 PLJ 321 (1919), 28 PA D 766 (1919).

Decedents' estates - Real estate - Sale of, to pay debts - Period of advertisement - Judgements - Revival of - Fiduciaries Act of June 7, 1917.

Estate of Castor, 67 PLJ 389 (1919), 28 PA D 367 (1919).

Practice O.C. - Trustee's account, including proceeds of sale of real estate sold under a power given them as executors - Consent of all parties in interest - Costs of filing account and counsel fee charged to principal.

Estate of De Turck, 67 PLJ 679 (1919), 28 PA D 821 (1919).

Appeals - Costs - Printing paper-book - Counsel fee - Bond premium - Act of April 15, 1907.

Estate of Elwood, 67 PLJ 840 (1919), 28 PA D 972 (1919).

Jurisdiction, O.C. - Petition for sale of real estate in case of intestacy, where there are no debts - Jurisdiction by consent.

Estate of Grafflin, 67 PLJ 515 (1919), 28 PA D 563 (1919).

Collateral inheritance tax - Property of non-resident situated in this State - Act of May 6, 1887.

Estate of Jacoby, 67 PLJ 86 (1919), 28 PA D 7 (1919).

Guardian and ward - Jurisdiction, O.C. - Minor's residence - Petition for appointment of guardian.

Estate of Kenner, 67 PLJ 387 (1919), 28 PA D 383 (1919). Jurisdiction, O.C. and C.P. - Specific Performance of contract for sale of real estate. Estate of Klink, 67 PLJ 653 (1919), 28 PA D 760 (1919). Collateral inheritance tax - Appraisement - Inadvertent omission - Practice, O.C. Estate of Thaw, 67 PLJ 284 (1919), 28 PA D 962 (1919). Trusts and trustees - Principal and income - Awards for damages for rights of way.

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Estate of Young (#1), 67 PLJ 315 (1919), 28 PA D 814 (1919). Decedents' estates - Election by spouse against will - Rights of creditors - Partition. Estate of Young (#2), 67 PLJ 317 (1919), 28 PA D 816 (1919). Decedents' estates - Partition - Land in another county - Sale for payments of debt. Ferguson v. Ferguson, 67 PLJ 771 (1919), 28 PA D 913 (1919). Trespass - Title to land - Costs - Statute 22 and 23 Car. II, Ch.. 9. Hanna v. Hanna, 67 PLJ 154 (1919), 28 PA D 546 (1919).

Husband and wife - Desertion - Equity - Enforcement of maintenance out of husband's distributive share of an estate - Act of May 23, 1907.

Hardin, et ux. v. Pittsburgh Steel Foundy Co., 67 PLJ 186 (1919), 28 PA D 308(1919).

Workmen's compensation - Form of board's decisions - Right of Common Pleas Court to regulate.

Hibbs’ Executors v. Robinson, et al., 67 PLJ 298 (1919), 28 PA D 781 (1919). Practice, C.P. - Trial - Compulsory attendance of parties. Hocking, et al. v. Whorrell, 67 PLJ 544 (1919), 28 PA D 632 (1919). Practice, C.P. - Affirmance of justice's judgement - Attorney's fees. Jacubic v. Jones & Laughlin Steel Co., 67 PLJ 74 (1919), 28 PA D 522 (1919).

Workmen's Compensation Act of June 2, 1915 - Modification of compensation agreement - Setting aside final receipt for the compensation agreed upon - Necessity for reference to a referee.

Katchik v. Oliver & Snyder Steel Co., 67 PLJ 420 (1919), 28 PA D 860 (1919). Workmen's compensation - In the course of employment - Act of June 2, 1915. Kavjian v. Armstrong and Holden, 67 PLJ 531 (1919), 28 PA D 591 (1919). Practice, equity - Appeal - Bond - Supersedeas - Act of May 19, 1897. Kolesar v. Kolesar, 67 PLJ 229 (1919), 28 PA D 305 (1919). Divorce - Cruelty and indignities - Insanity of respondent. Kramer v. Slattery, 67 PLJ 124 (1919), 28 PA D 672 (1919). Case certified under Act of 1907 - Practice Act of 1915. In Re Limited Partnerships, 67 PLJ 102 (1919), 28 PA D 315 (1919).

Limited Partnerships - Bonus on capital - Necessity for recording receipt of State Treasurer - Filing with the Secretary of the Commonwealth - Acts of May 9, 1899, May 8, 1901, July 9, 1901, and April 12, 1917.

In Re Optometry, 67 PLJ 126 (1919), 28 PA D 67 (1919).

Practice of optometry in more than one town - "Temporary offices" construed - Act of March 30, 1917.

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In Re Volunteer Police Force 67 PLJ 95 (1919), 28 PA D 26 (1919). Volunteer Police Force - Duties and control thereof - Act of July 18,1917. McKelvey, et al. v. Gumbert, et al., 67 PLJ 636 (1919), 28 PA D 1026 (1919).

Taxation - Local - Public service corporations - Buildings and machinery necessary to the business - Buildings not necessary - Owner of the land - Lessee.

McSorley v. Mamaux, 67 PLJ 382 (1919), 28 PA D 1010 (1919).

Affidavits - of defence - Defendants acting in representative capacity - Effect of failure to file - Judgements by default - Practice Act 1915.

Mitchell v. Berlin Township, 67 PLJ 717 (1919), 28 PA D 903 (1919). Township supervisors - Hiring emancipated minor son - Act of April 12, 1905. Northern Trust Co., et al, Executors, v. Lederer, Internal Revenue Collector, 67 PLJ 401 (1919), 28 PA D 407 (1919). Taxation - Federal estate tax - Pennsylvania collateral inheritance tax - Deductions. No Tobacco Corp., 67 PLJ 457 (1919), 28 PA D 986 (1919).

Corporations - Not for profit - Power of court to grant charter to do business without the State. Corporations - Membership. Corporations - Purpose - Propagation of theories as to effects and consequences of personal habits - Political purposes.

Qualey v. Scott, 67 PLJ 476 (1919), 28 PA D 605 (1919).

Attorneys at law - Employment of - Warrants of - Necessity of filing where physical condition prevented formal execution in writing - Act of April 14, 1834.

Robertson, Etc., et al. v. Lazarus-Mensch Co., 67 PLJ 289 (1919), 28 PA D 608 (1919).

Negligence - Liability of shoe dealer for clerk's negligence in fitting shoes - Evidence - Allegata et probata - Pleading and Practice.

Rotonto v. Rotonto, 67 PLJ 459 (1919), 28 PA D 981 (1919). Divorce - Examination of witnesses - Indignities. Sipe v. Gasoline Supply Co., 67 PLJ 141 (1919), 28 PA D 321 (1919). Deeds - Husband and wife - Validity of execution by attorney in fact of wife. Solack v. Solack, 67 PLJ 388 (1919), 28 PA D 592 (1919).

Estate by entireties - Landlord and tenant - Husband and wife - Payment of rent to either valid.

Steiner v. Nemerofsky, 67 PLJ 789 (1919), 28 PA D 923 (1919).

Equity practice - Typewritten bill - Error to file typewritten bill that is not an injunction bill except in cases of poverty - Equity Rule 14.

Stirling v. Indian Oil Co., 67 PLJ 257 (1919), 28 PA D 725 (1919).

Corporations - Companies engaged in mechanical mining quarrying and manufacturing operations - Stockholders - Individual liability for work and labor - Act of April 29, 1874, as amended by Act of April 17, 1876 - Rights of contractors.

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Sykes Dept. Store v. Pennsylvania Railroad Co., 67 PLJ 517 (1919), 28 PA D 1037 (1919).

Act of June 28, 1917 - Registration of persons doing business under assumed or fictitious name - Carrying on unlawful business - Right to maintain suit.

Talley v. Gerson, 67 PLJ 689 (1919), 28 PA D 841 (1919).

Negligence - Duty of owner of premises towards the public whom he invites to enter - Presumption of negligence - Injury from electric shock.

United States v. Pittsburgh Brewing Co., et al., 67 PLJ 465 (1919), 28 PA D 611 (1919).

Intoxicating liquors - Act of Congress of Nov. 21, 1918 - Manufacture and sale of beer - Essential averments of information for violation.

Weiskircher v. Fisher, 67 PLJ 292 (1919), 28 PA D 455 (1919). Judgements - Confession by attorney under oral lease. Wright Wire Co. v. Levi, 67 PLJ 239 (1919), 28 PA D 795 (1919). Practice Act of 1915 - Affidavit of defence - Service of copy on plaintiff. Youghiogheny Bridge, 67 PLJ 119 (1919), 28 PA D 317 (1919).

County bridge - Submission of report disapproved by one grand jury to the next grand jury.

Young v. Masonic Life Assoc., 67 PLJ 443 (1919), 28 PA D 415 (1919). Interpleader - Counsel fee - Act of March 11, 1836. 1920 Abernathy v. Township School District., 68 PLJ 860 (1920), 29 PA D 1099 (1920). Public school teachers - Increase in salary - Act of July 10, 1919. Anderson, et al. v. Amalgamated Assoc., Etc., et al., 68 PLJ 173 (1920), 29 PA D 617 (1920).

Injunction - Pleadings - Jurisdiction - Strike of street car workers - Loss occasional by strike - General Equity Act of June 16, 1836.

Antonacci v. Commonwealth, 68 PLJ 494 (1920), 29 PA D 935 (1920). Summary convictions - Certiorari - Essentials of justice's record. Appeal of Harrison & Co., 68 PLJ 47 (1920), 29 PA D 444 (1920). Taxation - Steam shovels, tanks and tipples.

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Appeal of Penial Holiness Assoc., 68 PLJ 486 (1920), 29 PA D 488 (1920). Taxation - Charities - Exemptions - Act of June 13, 1911. Beener v. Morgan, 68 PLJ 350 (1920), 29 PA D 1032 (1920). Injunction - Landlord and tenant - Justice of the peace - Lease - Sale of land. Berks County v. Liebovitz, 68 PLJ 252 (1920), 29 PA D 243 (1920). County taxes - Assessment - Machinery - Acts of April 15, 1834, and April 29, 1844. Brillhart’s Petition, 68 PLJ 479 (1920), 29 PA D 524 (1920). Election laws - Amendment of nominating petition. Bunch's Petition, 68 PLJ 3 (1920), 29 PA D 139 (1920).

Prisoners - Discharge - Two-term rule - Act of March 31, 1860. Parent and child - Non-support - Bastards - Acts of April 13, 1867, and July 11, 1917.

Butler Highfields Co. v. Ralko, 68 PLJ 639 (1920), 29 PA D 621 (1920). Lease - Landlord's warrant - Warrant to confess judgement - Cumulative remedies. Codorus Planing Mills Co. v. Horn, 68 PLJ 26 (1920), 29 PA D 638 (1920). Fictitious name - unlawful contracts - Act of June 26, 1917. Commonwealth ex rel v. Briggs, etc., 68 PLJ 141 (1920), 29 PA D 727 (1920).

Habeas corpus - Inmate of industrial home - Release - Juvenile Court - Common Pleas - Jurisdiction - Act of June 1, 1915.

Commonwealth v. Donovan, 68 PLJ 70 (1920), 29 PA D 46 (1920).

Criminal law - Neglect of parent to support an illegitimate child - Prosecution not begun within two years - Acts of March 31, 1860, and July 11, 1917.

Commonwealth v. Gatti (#1), 68 PLJ 177 (1920), 29 PA D 537 (1920).

Possession of guns by unnaturalized foreign-born residents - Acts of May 8, 1909, and July 11, 1917.

Commonwealth v. Gatti (#2), 68 PLJ 178 (1920), 29 PA D 539 (1920).

Possession of guns by unnaturalized foreign-born residents - Acts of May 8, 1909, and July 11, 1917.

Commonwealth v. Kerr, 68 PLJ 278 (1920), 29 PA D 896 (1920).

Conflict of laws - Interpretation of statutes - Adulteration of sausage - Original package - Act of April 6, 1911 - Act of Congress of March 4, 1907.

Commonwealth ex rel. v. Neff, 68 PLJ 15 (1920), 29 PA D 1010 (1920).

State hospitals - Maintenance of inmate possessing an estate - Liability of parent of inmate - Duty of Commonwealth to present claim against inmate's estate - Act of June 1, 1915.

Commonwealth v. Newhouser, et al., 68 PLJ 221 (1920), 29 PA D 211 (1920). Imposition of costs on prosecutor - When to be stricken off - Conspiracy to abduct.

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Commonwealth v. Pennsylvania Water & Power Co., 68 PLJ 49 (1920), 29 PA D 163 (1920).

Taxation - Interpretation of statutes - Water and water-power companies - Electric light companies - Acts of June 1, 1889, and July 2, 1895.

Commonwealth v. Richmond, 68 PLJ 222 (1920), 29 PA D 212 (1920). Costs on prosecutor - When not stricken off. Commonwealth v. Sutton, 68 PLJ 300 (1920), 29 PA D 1002 (1920). Automobiles - Act of June 30, 1919 - Criminal Jurisdiction. Commonwealth v. York Haven Water & Power Co., 68 PLJ 51 (1920), 29 PA D 216 (1920).

Taxation - Water and water - Power companies - Electric-light companies - Acts of June 1, 1889, and July 2, 1895.

Cummings v. Gordon, 68 PLJ 391 (1920), 29 PA D 740 (1920). Practice, C.P. - Replevin - Motion to quash. Dunbar Township Road, 68 PLJ 73 (1920), 29 PA D 315 (1920). Road law - Termini - Description - Plot or draft. Estate of Baum, 68 PLJ 145 (1920), 29 PA D 449 (1920).

Account - Disputed claims - Descent and distribution - Claim for support - Date of will - Revival - Parol Publication.

Estate of Blessing, 68 PLJ 78 (1920), 29 PA D 3 (1920).

Register of wills - Jurisdiction to grant letters testamentary and of administration - Meaning of "family or principal residence" - Residence, not domicile, the controlling factor - Fiduciaries Act of June 7, 1917.

Estate of Crozer, 68 PLJ 445 (1920), 29 PA D 977 (1920).

Decedent's estate - Collateral inheritance tax - Real estate - Direction to sell land in another state with consent of life-tenant - Liability of proceeds to tax.

Estate of Davidson, 68 PLJ 351 (1920), 29 PA D 1089 (1920).

Jurisdiction, O.C. and C.P. - Guardian - Weak-minded person - Guardian's election of securities of decedent's estate.

Estate of Howe, 68 PLJ 301 (1920), 29 PA D 436 (1920).

Audit - Descent and distribution - Absentee Act of June 24, 1885 - Fiduciaries Act of 1917 - Presumption of death - Refunding bonds.

Estate of Mensdorf, 68 PLJ 506 (1920), 29 PA D 863 (1920). Wills - Children and grandchildren - Words and phrases - "Share and share alike." Estate of Metz, 68 PLJ 376 (1920), 29 PA D 975 (1920). Descent and distribution - Declarations - Evidence - Heirs-at-law - Children - Adoption.

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Estate of Poe, 68 PLJ 635 (1920), 29 PA D 857 (1920). Fiduciaries Act, 1917 - Sci. fa sur recognizance in partition - Costs - Jurisdiction, O.C. Farquhar v. Farquhar, 68 PLJ 270 (1920), 29 PA D 1160 (1920). Divorce - Cruelty and indignities - No cessation of cohabitation - Act of March 13, 1815. Fayer v. J.L. Hessey Co., 68 PLJ 40 (1920), 29 PA D 1 (1920).

Landlord and tenant - Ejectment - Judgement by confession on lease - Forfeiture for assignment of lease - Effect of bankruptcy or insolvency.

Fry v. Brubecker, 68 PLJ 425 (1920), 29 PA D 893 (1920). Tenement-house inspection - Liability of landlord to inspector - Act of March 25, 1903. Gay’s Petition, 68 PLJ 483 (1920), 29 PA D 524 (1920). Election laws - Amendment of nominating petition. Gilroy v. Boyle, 68 PLJ 336 (1920), 29 PA D 760 (1920). Sheriff's interpleader - Issue - Act of May 26, 1897. Goodman’s Liquor License, 68 PLJ 303 (1920), 29 PA D 870 (1920).

Reimbursement for license money after July 1st - Monthly installments - Act of May 8, 1919.

Guth v. Stein, 68 PLJ 394 (1920), 29 PA D 669 (1920). Jurisdiction, J.P. - Trespass - Automobile collision. Hanley v. McDermott, 68 PLJ 432 (1920), 29 PA D 864 (1920). Injunction - Real estate - Sheriff's sale - Conspiracy to defeat dower - Final hearing. Hannon v. Schilbe, 68 PLJ 500 (1920), 29 PA D 835 (1920).

Affidavit of defence raising questions of law - Set-off before justice of the peace - Acts of March 20, 1810, and July 7, 1879.

Herbertson v. Herbertson, 68 PLJ 211 (1920), 29 PA D 418 (1920).

Divorce - Desertion - Time of libellant's military service in France not to be deducted - Soldiers' and Sailors' Civil Relief Act of March 8, 1918. Divorce - Desertion - Time of pending action on other grounds not to be deducted.

Hoffman v. Geesey, 68 PLJ 276 (1920), 29 PA D 707 (1920). Promissory notes - Accommodation maker - Negotiable Instruments Act of May 16, 1901. In Re Auctioneers' Licenses, 68 PLJ 14 (1920), 29 PA D 1027 (1920).

Auctioneers' licenses - To be issued by the county treasurer - Acts of April 9, 1859, and June 26, 1873.

In Re Automobile Dealer Licenses, 68 PLJ 190 (1920), 29 PA D 388 (1920). Corporations - Duty of corporations dealing in automobiles to take out licenses - Act of June 30, 1919. In Re Escheats, 68 PLJ 157 (1920), 29 PA D 749 (1920).

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Escheat law - Unclaimed moneys in possession of fiduciaries - Acts of May 11, 1911, and May 16, 1919.

In Re Margolis, 68 PLJ 609 (1920), 29 PA D 1134 (1920). Attorneys-at-law - Conduct - Disbarment - Evidence - Opposition to Government - Oath. In Re Non-Partisan Nominations, 68 PLJ 655 (1920), 29 PA D 804 (1920).

Election law - Withdrawal of non-partisan nominations - Acts of June 10, 1893, July 24, 1913, and July 9, 1919.

In Re Stock Transfer Act, 68 PLJ 103 (1920), 29 PA D 1053 (1920).

Taxation - Transfers of shares of stock - Transfer of legal title to voting trustee is subject to tax - Act of June 4, 1915.

James v. Bortz, 68 PLJ 548 (1920), 29 PA D 1114 (1920).

Equity - Sales of coal lands - Failure of coal - Fraud - Duty to disclose facts - Representations - Rescission of sale - General rule.

Kline v. Mowery, 68 PLJ 528 (1920), 29 PA D 545 (1920). Magistrate's jurisdiction - Money won and paid for bet - Act of April 22, 1794. Lewis v. Lewis, 68 PLJ 11 (1920), 29 PA D468 (1920). Divorce - Service of subpoena by sheriff in another county. Lyda v. Hum Leatherman, Inc., 68 PLJ 170 (1920), 29 PA D 348 (1920). Workmen's Compensation Act of 1915 - Employees - Salesman paid on commission. Martin Construction Co. v. Ward & Mackey Biscuit Co., 68 PLJ 577 (1920), 29 PA D 1147 (1920).

Mechanics' liens - motion to strike off - Foreign corporation - words and phrases, "fabricated or furnished" - Itemized statement - Contractors.

Narberth Building and Loan Assoc. v. Sylvester, 68 PLJ 856 (1920), 29 PA D 1082 (1920). Practice, C.P. - Execution - Exceptions to sheriff's schedule of distribution. Packer, et al., Executors, v. Clemson, Guardian, 68 PLJ 161 (1920), 29 PA D 555 (1920).

Gifts - Inter vivos - Father - Minor son - Guardian - Stock certificates - Dividends - Safe deposit box.

Quartz v. Oakmont Motor Boat Co., 68 PLJ 248 (1920), 29 PA D 1087 (1920).

Certiorari - Improper service - Judgement - Time for issuing writ - Laches - Notice - Act of March 20, 1810.

Racunas v. Vaughan, 68 PLJ 25 (1920), 29 PA D 1058 (1920).

Judgements - Confession - Precipe of plaintiff's attorney - Prothonotary - Act of Feb. 24, 1806 - Military Service Act.

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Rick, Trustee, v, Bell, 68 PLJ 784 (1920), 29 PA D 953 (1920). Practice, C.P. - Joint contract - Suit by trustee for parties plaintiff. Roth v. Rensel, 68 PLJ 86 (1920), 29 PA D 515 (1920). Husband and wife - Separation under agreement - Funeral expenses. St. Joseph’s Church Petition, 68 PLJ 352 (1920), 29 PA D 1084 (1920). Churches - Petition to borrow money for a religious body - Necessary averments. Salvaggio v. Semerio, 68 PLJ 396 (1920), 29 PA D 297 (1920).

Equity jurisdiction - Judgement confessed to defraud creditors - Issue to try the question f fraud - Act of July 9, 1897.

Sam v. Czepull, 68 PLJ 138 (1920), 29 PA D 590 (1920). Practice, J.P. - Certiorari - and appeal. Sedlak v. National Slovak Society, 68 PLJ 32 (1920), 29 PA D 422 (1920).

Fraternal insurance - Beneficiary - Widow - Action by son - Petition to intervene - Procedure.

Shaub v. Shaub, 68 PLJ 152 (1920), 29 PA D 124 (1920). Promissory note - Assignment of - Witnesses - Act of May 28, 1715, sect. 8. Shughart v. Bowers, 68 PLJ 143 (1920), 29 PA D 106 (1920).

Parol contract to purchase land - Assumpsit to recover damages for violation - Costs - Act of March 20, 1810.

Souder v. Commonwealth, 68 PLJ 218 (1920), 29 PA D 254 (1920).

Special legislation - Constitutionality of Act of April 5, 1917 - Claims against the Commonwealth - Act of March 30, 1811.

State Bank of Elizabeth v. Rock Run Fuel Gas Co., 68 PLJ 225 (1920), 29 PA D 688 (1920).

Corporations - Stockholders - Trustees - Fraud - Mismanagement - Voting trust - Cestui que trustent.

Syrian New Home Society, 68 PLJ 76 (1920), 29 PA D 155 (1920).

Charters - Patriotic societies - Amendment of name and purpose without readvertisement.

Tillman v. Thomas, 68 PLJ 71 (1920), 29 PA D 43 (1920).

Attorney-at-law - Power to appear and confess judgement - Warrant of attorney in lease bearing no revenue stamp - U.S. Revenue Act of 1918.

Tollon v. Hand & Johnson Tug Co., 68 PLJ 286 (1920), 29 PA D 298 (1920). Foreign attachment - Method of settling title to attached property - Petition for dissolution. Union National Bank v. Wanamaker, 68 PLJ 142 (1920), 29 PA D 83 (1920). Practice, C.P. - Petition for interpleader, requisites of - Act of March 11, 1836

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United States v. Rosenblum, 68 PLJ 289 (1920), 29 PA D 551 (1920). Criminal law - Act of Congress of Oct. 22, 1919 - lever Act - Profiteering - Constitutionality.

Winter’s Petition, 68 PLJ 209 (1920), 29 PA D 184 (1920). Retail licenses - Brooks license law of May 13, 1887, and the 18th Amendment. Wynne v. Lackawanna & West Virginia Railroad Co., 68 PLJ 112 (1920), 29 PA D 84 (1920).

Practice - Trespass - No presumption of abandonment of suit from failure to file statement within two years.

Yake v. Schmoll, 68 PLJ 11 (1920), 29 PA D 107 (1920). Replevin - Goods in custody of the law - Act of April 3, 1779. Young v. Smith, et al., 68 PLJ 216 (1920), 29 PA D 470 (1920). Replevin - Distraint - Landlord and tenant - Goods on premises - Liability for rent. 1921 Appeal of Pittsburgh Coal Co., 69 PLJ 161 (1921), 30 PA D 768 (1921).

Taxation - Mercantile license - Sale of coal at retail by producing company - Act of May 2, 1899.

Bechtle v. Bechtle, 69 PLJ 352 (1921), 30 PA D 500 (1921). Divorce - notice of master's hearing - Acceptance of service by counsel - Collusion. Carroll v. Carroll, 69 PLJ 441 (1921), 30 PA D 1007 (1921).

Husband and wife - Separation - Appropriation of husband's real estate for her benefit - Whereabouts of husband must be unknown - Equity jurisdiction - Acts of May 23, 1907, and July 21, 1913.

Clark, for use v. O’Bryan, 69 PLJ 764 (1921), 30 PA D 918 (1921). Lease of personal property - Death of horse - Judgement - Opening same. Cohen v. Snyder, 69 PLJ 799 (1921), 30 PA D 1008 (1921). Assumpsit - Practice Act - Statement of claim - Affidavit to statement. Collins v. Dible, 69 PLJ 219 (1921), 30 PA D 1061(1921). Replevin - Judgement by default - Opening of - Act of April 19, 1901 - Practice, C.P. Commonwealth v. Keener, 69 PLJ 331 (1921), 30 PA D 641 (1921). Justice of the peace - Transcript - Surety of the peace - Act of March 18, 1909. Commonwealth v. Keiser, 69 PLJ 492 (1921), 30 PA D 456 (1921). Criminal law and procedure - Indictment for false pretence - Cheating by false Impersonation.

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Commonwealth v. Miller, 69 PLJ 678 (1921), 30 PA D 872 (1921). Husband and wife - Order on wife for support of husband. Commonwealth v. Mellott, 69 PLJ 210 (1921), 30 PA D 164 (1921).

Assault - Assault and battery - Act of battery - Act of May 27, 1919 - Hearing before justice - What the record must show.

Commonwealth v. Tannebaum, 69 PLJ 780 (1921), 30 PA D 943 (1921).

Justice's court - Summary conviction under Automobile Act of June 30, 1919 - Appeal - Filing time - Allowance - Security.

Commonwealth ex rel. Attorney General v. Millcreek Township School Directors, 69 PLJ 567 (1921), 30 PA D 474 (1921).

Mandamus - Jurisdiction - Common Pleas of Dauphin County - Acts of June 14, 1836, April 17, 1870, June 8, 1893, and June 19, 1913. Mandamus - statutory remedies - Vaccination of school children - Acts of June 8, 1895, and June 5, 1919. Constitutional law - Acts of June 18, 1895, and June 5, 1919. Townships - Municipalities.

Danziger v. Ferber, 69 PLJ 313 (1921), 30 PA D 556 (1921). Execution attachment - Salary - Bonus - Act of April 15, 1845. Estate of Beckert, 69 PLJ 817 (1921), 30 PA D 236 (1921).

Wills - Election of widow - Life estate - Legacies - Words and phrases - Words "remaining beneficiaries" - Annuities - Distribution.

Estate of Henry, 69 PLJ 737 (1921), 30 PA D 945 (1921).

Register of Wills - Effect of order to certify entire record upon jurisdiction to grant letters - Register of Wills Act of June 7, 1917.

Estate of Hill, 69 PLJ 177 (1921), 30 PA D 477 (1921). Wills - Adopted children - Act of June 7, 1917 - "Issue" and "children" interpreted. Estate of Rainier, 69 PLJ 75 (1921), 30 PA D 35 (1921).

Wills - Construction - Gift of furniture and rugs, "etc." Wills - Construction - Patent ambiguity - Parol evidence of the declarations of the testatrix to show her intention.

Estate of Scull, 69 PLJ 110 (1921), 30 PA D 56 (1921).

Widow's exemption - Right of widow who had no common household with her husband. Widow's exemption - Insolvent estate - Preference - Laches.

Farnella v. Commonwealth, 69 PLJ 209 (1921), 30 PA D 897 (1921).

Justice of the peace - Summary conviction - Certiorari - Defective information - Sunday law.

Frederick Piano Co. v. Lefkovitz, 69 PLJ 254 (1921), 30 PA D 1039 (1921). Bailments - Installment leases - Destruction of article by fire - Liability of lessee. Glover v. Errich, 69 PLJ 94 (1921), 30 PA D 720 (1921). Practice Act of 1915 - Affidavit of defence - Service of copy on opponent.

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Hine v. Horn, 69 PLJ 536 (1921), 30 PA D 499 (1921). Practice, C.P. - Practice Act of 1915, sect. 8 - Statement in action on book account. Hohman v. Hohman, 69 PLJ 260 (1921), 30 PA D 1100 (1921).

Husband and wife - Divorce - Desertion - Refusal of wife to leave home and go with her husband - Husband must provide suitable home.

In Re Jenkel Jacob Stotzky, 69 PLJ 124 (1921), 30 PA D 457 (1921).

Naturalization - Cancellation of certificate - Exemption from military service as friendly alien - Withdrawal of declaration on intention.

In Re Polling Place, 69 PLJ 751 (1921), 30 PA D 822 (1921).

Election law - Change of polling-place - Jurisdiction - Acts of May 18, 1893, April 14, 1903, and July 8, 1919.

In Re Small Loans Act, 69 PLJ 600 (1921), 30 PA D 372 (1921).

Small Loans Act of June 17, 1915 - Prothonotary's fee for entering judgement on loan note - Right of lender to be repaid the judgement fee.

Jason v. Slotlow, 69 PLJ 70 (1921), 30 PA D 347 (1921).

Injunctions - Building restrictions - Erection of structure prior to establishment of building - Effect of subsequent acceptance of deed containing building restriction.

Knight v. Knight, 69 PLJ 329 (1921), 30 PA D 27 (1921). Divorce - Cruelty - Acts rendering libellant's condition intolerable and life burdensome. Limpert v. Limpert, 69 PLJ 28 (1921), 30 PA D 383 (1921).

Husband and wife - Fund set apart for support by court order under Act of May 23, 1907, as amended by Act of April 27, 1909 - Medical services and hospital bills proper charge against fund.

Marks v. McCormick, 69 PLJ 542 (1921), 30 PA D 927 (1921).

Libel - Innuendo - Pleading Verdict. Practice, C.P. - Charge of court - Adequacy. Libel - Excessive verdict - Practice, C.P.

McDermott, to use v. Reiter, 69 PLJ 746 (1921), 30 PA D 901 (1921).

Contract - Sale of land subject to building restrictions - Defendant's violation of the restrictions is no ground for rescission of the contract and recovery of the money paid on account. Contracts - Breach of contract to buy real estate - Measure of damages - Vendee in default is not liable for vendor's loss of money paid as deposit on purchase of another property.

McDonough, for use v. Barnes, 69 PLJ 27 (1921), 30 PA D 263 (1921).

Mortgages - Over twenty-one years old - Judgements - Striking off - Presumption of payment - Acts of April 27, 1855, and April 4, 1919.

McElroy v. Filby, 69 PLJ 614 (1921), 30 PA D 788 (1921). Costs - Trespass quare clausem fregit - Title to land - Act of 22 and 23 Charles II, Ch. 9.

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McKees Rocks Borough v. Schwartz, et al, 69 PLJ 3 (1921), 30 PA D 410 (1921). Municipal improvements - Report of viewers - Exceptions to - Municipal liens - When order of court prerequisite to filing.

Medzvec v. First National Bank of Uniontown, 69 PLJ 273 (1921), 30 PA D 1019 (1921).

Fraud - Action by depositor against bank - Alleged withdrawal of deposit and acceptance of individual note of assistant cashier. Acceptance of interest from assistant cashier - Ratification. Statute of limitations - Tolling same - Receivership.

Moll v. Connors, 69 PLJ 570 (1921), 30 PA D 1001 (1921).

Process - Summons - Return as to place of service - Presumption of legality - Service by constable - Act of July 9, 1901.

Morris v. Samter, 69 PLJ 632 (1921), 30 PA D 812 (1921).

Production of books and papers in advance of trial - Bill of discovery - Act of Feb. 27, 1798.

Mountain Water Supply Co., et al. v. Melcroft Coal Co., 69 PLJ 245 (1921), 30 PA D 971 (1921).

Equity practice - Intervention - Water company buying water from plaintiff in bill to restrain pollution of stream may not intervene.

New York Central Railroad Co. v. Bright Coal Co., 69 PLJ 336 (1921), 30 PA D 1099 (1921).

Practice - Certiorari - Affidavit for writ - Officer before whom affidavit to be made - statutory requirements.

Pasquinelli v. Southern Macaroni Manufacturing Co., 69 PLJ 236 (1921), 30 PA D 704 (1921).

Foreign attachment - Fictitious name - Violation of Act of June 28, 1917, as basis for motion to quash. Set-off - Failure to present set-off in Allegheny County - When not a bar to subsequent suit.

Reed v. Reed, 69 PLJ 145 (1921), 30 PA D 373 (1921).

Husband and wife - Desertion and non-support - Equity jurisdiction to sell or mortgage real estate for maintenance - Act of July 21, 1913.

Republic Acceptance Corp. v. Patchin, 69 PLJ 521 (1921), 30 PA D 944 (1921). Replevin - Discontinuance - Rule to strike off - Action on bond. Smith v. City of Pittsburgh, 69 PLJ 342 (1921), 30 PA D 454 (1921).

Injunction - Municipal ordinances - Daylight saving - Authority of municipality as to legal time - Act of April 13, 1887.

Vaughan v. Tappan, et al., 69 PLJ 766 (1921), 30 PA D 939 (1921).

Process - Foreign attachment - Attachment of debt due defendant - Service on garnishee - Manner of service.

75

Watts, Jr. v. Horn, 69 PLJ 77 (1921), 30 PA D 325 (1921). Execution attachment - Husband and wife - Bank account subject to check of either - Joint account and estate by entireties distinguished - Liability of garnishee.

Wray v. Allegheny County, 69 PLJ 172 (1921), 30 PA D 344 (1921). Negligence - Liability of county for operation of coroner's ambulance. Wright v. Wolf Creek Coal Co., 69 PLJ 676 (1921), 30 PA D 852 (1921).

Affidavit of defence - Judgement for default - Rules of court - Practice Act of May 14, 1915.

Wright & Co. v. Rooth, 69 PLJ 12 (1921), 30 PA D 296 (1921). Replevin - Affidavit of defence - Necessity of pleading ownership. 1922 Beattie’s Assigned Estate, 70 PLJ 830 (1922), 1 PA D&C 679 (1922).

Deeds - "Under and Subject" to judgements - Liens - Judgements - Assigned estate - Distribution of proceeds of real estate.

Clark v. Reardon, 70 PLJ 360 (1922), 1 PA D&C 270 (1922). Taxation of costs - Jury fee - Witnesses' fees - Service of subpoena. Commonwealth v. Doolittle, 70 PLJ 9 (1922), 1 PA D&C 493 (1922). Criminal law - Indictment - Place of offence - Act of May 28, 1885. Commonwealth v. Ebersole, 70 PLJ 205 (1922), 1 PA D&C 733 (1922). Fraudulent Conversion Act of May 18, 1917 - Constitutional law. Commonwealth v. Folk, 70 PLJ 535 (1922), 1 PA D&C 584 (1922).

Criminal law - Motor-vehicles - Bailments - Refusal to furnish descriptions - Act of June 30, 1919. Practice, Q.S. - Motion in arrest of judgement - Insufficiency of evidence - Conversion of motion in arrest of judgement into rule for new trial.

Commonwealth ex rel Shoop v. Fortney, et al., 70 PLJ 429 (1922), 1 PA D&C 324 (1922).

Practice, J.P. - Summary conviction - Right of the commonwealth to appeal. Trespass - Posted property - Separate offences - Joint action - Act of April 14, 1905.

Commonwealth v. Lawbowitz, 70 PLJ 480 (1922), 1 PA D&C 753 (1922).

Automobiles - Reckless driving - Summary proceeding - Contributory negligence of pedestrians - Act of June 30, 1919.

Commonwealth v. Lichter, 70 PLJ 433 (1922), 1 PA D&C 709 (1922).

Criminal law - Indictment - Arrest of judgement - Matters of form. Liquor law - Constitutional law - Title of act - Incorporation of reference to Act of Congress - 18th Amendment of the Federal Constitution - Act of May 5, 1921.

76

Commonwealth v. Neff, et al., 70 PLJ 54 (1922), 1 PA D&C 657 (1922). Road law - Supervisors - Neglect to repair highway - Nuisance - Indictment - Acts of March 28, 1808 and July 14, 1917.

Commonwealth v. Patler, 70 PLJ 160 (1922), 1 PA D&C 442 (1922). Grand Jury - Imposition of costs - Relief from payment of costs - Power of court. Commonwealth v. Robinson, 70 PLJ 258 (1922), 1 PA D&C 188 (1922). Jurisdiction, Q.S. - Venue of crime must be established. Commonwealth v. Shultz, 70 PLJ 361 (1922), 1 PA D&C 742 (1922). Liquor law - Warrant of arrest - Search - Seizure of still and whiskey. Commonwealth v. Travis, 70 PLJ 588 (1922), 1 PA D&C 455 (1922). Indictment - District attorney's bill - Fugitive from justice - Defendant under bail. Commonwealth v. Walters, 70 PLJ 706 (1922), 1 PA D&C 546 (1922).

Criminal law - Tramping growing crops - Act of June 18, 1895 - Justice of the peace - Certiorari - Laches - Special allocatur.

Estate of Brown, 70 PLJ 64 (1922), 1 PA D&C 29 (1922).

Wills - Construction - Will speaks from date - When gift to son's wife does not include second wife.

Estate of Carroll, 70 PLJ 233 (1922), 1 PA D&C553 (1922).

Insolvent estates - Distribution - Preferred claims - Order of preference - Claim of Commonwealth for maintenance - Claims of municipal hospital and nurse - Act of June 1, 1915, and Fiduciaries Act of 1917.

Estate of Filby, Assigned, 70 PLJ 782 (1922), 1 PA D&C 682 (1922).

Appeals - Supersedeas - Appeal bond - Second appeal - Acts of May 19, 1897, and June 4, 1901.

Estate of Pancoast, 70 PLJ 603 (1922), 1 PA D&C 488 (1922).

Inheritance transfer tax - Lineals and collaterals - Children of stepchildren - Acts of June 20, 1919, and May 4, 1921.

Estate of Pfeil, 70 PLJ 212 (1922), 1 PA D&C 339 (1922).

Wills - Contests - Descent and distribution - Family settlement - Remaindermen - Vested and contingent estates - Survivorship - Power of Orphans' Court.

Estate of Snyder, 70 PLJ 33 (1922), 1 PA D&C 513 (1922).

Issue devisavit vel non - Duty of executor to maintain will - Appointment of trustee by court suo motu.

Estate of Wheeler, 70 PLJ 101 (1922), 1 PA D&C 405 (1922). Widow's election - Revocation of - Knowledge of estate requisite to valid election.

77

Franklin Sugar Refining Co. v. Simon & John Bros., 70 PLJ 467 (1922), 1 PA D&C 317 (1922).

Practice, C.P. - Affidavit of defence - Sufficiency - Contracts. Contracts - Request for cancellation - Damages. Contracts - Broker's memoranda - Attempt to vary.

Gilbert v. Gougler, 70 PLJ 599 (1922), 1 PA D&C 459 (1922).

Practice, C.P. - Trespass - Affidavit of defence - Judgement - Act of May 14, 1915. Negligence - Automobiles - Father and son - Parties.

Hanan & Son v. McGowan, 70 PLJ 219 (1922), 1 PA D&C 356 (1922). Partnership - Family name - Fictitious names - Act of June 28, 1917. In Re Banks’ Reserve Fund, 70 PLJ 553 (1922), 1 PA D&C 778 (1922). Banks and banking - Deposit of Reserves in other institutions - Act of May 8, 1907. In Re Gasoline Storage, 70 PLJ 590 (1922), 1 PA D&C 663 (1922).

Statutes - Construction - "Buildings" - "Premises" - Acts of July 1, 1919, and May 11, 1921.

In Re Interstate Transportation of Liquor, 70 PLJ 497 (1922), 1 PA D&C 548 (1922).

Liquor laws - Transportation of liquor into state - Woner Act of May 5, 1921 - Reed Amendment.

In Re Mothers’ Assistance Fund, 70 PLJ 28 (1922), 1 PA D&C 344 (1922).

Marriage - Legality - Marriage of uncle and niece - Acts of March 13, 1915, and July 10, 1919, P.L. 893.

In Re National Banks as Executors, 70 PLJ 386 (1922), 1 PA D&C 698 (1922). Banks and banking - Executors and administrators - Act of May 20, 1921. Kennedy v. Gelbach, 70 PLJ 175 (1922), 1 PA D&C 121 (1922). Costs - Practice, C.P. - Malicious prosecution - Statute of 22 and 23 Charles II, chap. 9. Keown v. Patten, 70 PLJ 268 (1922), 1 PA D&C 178 (1922). Landlord and tenant - Distraint - Jurisdiction, J.P. - Act of March 20, 1810 - Certiorari. Keystone Pipe & Supply Co. v. Central Pipe & Supply Co., 70 PLJ 112 (1922), 1 PA D&C 59 (1922).

Foreign attachment - Quashing writ - Partnership - Failure to name members of firm - Amendment - Act of May 4, 1852.

Lambert v. Welfley’s Executor, 70 PLJ 463 (1922), 1 PA D&C 327 (1922). Practice Act of 1915 - Affidavit of defence by fiduciary. Lancaster v. Lancaster, 70 PLJ 840 (1922), 1 PA D&C 686 (1922). Divorce - Practice, C.P. - Amendment of libel - Desertion - Insufficient statement.

78

Marcus v. Woods, 70 PLJ 695 (1922), 1 PA D&C 586 (1922). Pleading and practice - Practice Act of 1915 - Affidavit of defence - Counter-claim - Notice - Expenses of trial - Damages.

Miller v. Keim, 70 PLJ 589 (1922), 1 PA D&C 460 (1922).

Practice, C.P. - Affidavit of defence - Statutory demurrer and averments of fact in same affidavit - Waiver of legal objections - Act of May 14, 1915.

Moore v. Moore, 70 PLJ 399 (1922), 1 PA D&C 749 (1922).

Husband and wife - Suits against each other - Statute of limitations - Incarceration in insane asylum - Acts of March 27, 1713, June 8, 1893, and March 27, 1913.

Mountain Water Supply Co. , et al. v. Melcroft Coal Co., 70 PLJ 123 (1922), 1 PA D&C 660 (1922).

Corporations - Water companies - Eminent domain - Waters - Contamination of water by mining company - Intervention by Commonwealth - Equity - Parties - Acts of May 28, 1915, and July 7, 1919.

Mountain Water Supply Co., et al. v. Sagamore Coal Co., 70 PLJ 129 (1922), 1 PA D&C 631 (1922).

Equity - Jurisdiction - Parties - Subject-matter of prior pending suit - Mines and mining - Contamination of waters - Multiplicity of suits - Multifariousness.

Primavera v. Jennings, 70 PLJ 376 (1922), 1 PA D&C 801 (1922). Practice - Discharge from arrest - Act of June 1, 1915. Reinfred v. Heiss, 70 PLJ 141 (1922), 1 PA D&C 53 (1922).

Trespass - Practice - Minority of plaintiff - Affidavit of defence - Practice Act of May 14, 1915.

Seaman v. Mealey, et al., 70 PLJ 260 (1922), 1 PA D&C 146 (1922).

Practice, C.P. - Affidavit of defence - Failure to serve - Failure to endorse address within county - Motion to strike off.

Snell v. Nickles, 70 PLJ 605 (1922), 1 PA D&C 487 (1922). Statutory demurrer to set-off or counter-claim - Practice Act of May 14, 1915. Stahlnecker v. Stalhnecker, 70 PLJ 781 (1922), 1 PA D&C 745 (1922). Judgement - Revival - Decedents' estates - Death of defendant - Act of June 7, 1917. Swick’s Nomination, 70 PLJ 500 (1922), 1 PA D&C 417 (1922). Election laws - Keeping polls open after time for closing - Act of April 16, 1903. Vanhorn v. Stroup, 70 PLJ 263 (1922), 1 PA D&C 198 (1922).

Justice of the peace - Appeals - Defective affidavit - Bond - Perfecting appeal - Practice, C.P.

Veech, et al. v. City of Connellsville, 70 PLJ 269 (1922), 1 PA D&C 758 (1922).

Municipalities - Cities of the third class - Judgement against city - Mandamus execution - Acts of April 15, 1834, and June 27, 1913.

79

Wagonseller v. Wagonseller, 70 PLJ 411 (1922), 1 PA D&C 369 (1922). Divorce - Weak-minded persons - Intervention by relative - Act of May 4, 1921. Wall v. Pittsburgh, Lisbon, & Western Railraod Co., 70 PLJ 752 (1922), 1 PA D&C 696 (1922). Practice, C.P. - Statement of claim - Signature of attorney - Act of May 14, 1915. Wanner v. Buch, 70 PLJ 139 (1922), 1 PA D&C 665 (1922). Arrest on Sunday - Damages for - Subsequent appearance - Act of Jan. 12, 1705. Wanner v. Danner, 70 PLJ 137 (1922), 1 PA D&C 666 (1922).

Justices of the peace - Issue of commitment on Sunday - Damages for - Subsequent appearance - Act of June 12, 1705.

Warrington v. Brooklyn Trust Co., Trustee, 70 PLJ 248 (1922), 1 PA D&C 125 (1922).

Wills - Mistake - Correction of misdescription of subject of devise - Bill to remove cloud on title.

Wilson v. Emery, 70 PLJ 286 (1922), 1 PA D&C 517 (1922). Automobiles - Parking regulations - Parking - False imprisonment - Malice. 1923 Anders & Co. v. Fiore, et al., 71 PLJ 757 (1923), 3 PA D&C 489 (1923).

Execution - Attachment execution - Cash deposited in lieu of bail - Custodia legis - Act of April 7, 1921.

Artisans Building & Loan Assoc. v. Campbell, 71 PLJ 254 (1923), 3 PA D&C 531 (1923). Building and loan associations - Fines - Computation - Act of April 10, 1879. Balog v. McGurl, et al., 71 PLJ 400 (1923), 3 PA D&C 828 (1923). Replevin - Impounding goods under Act of April 14, 1905 - Practice. Beaver Valley Water Co. v. Thayer, et al., 71 PLJ 618 (1923), 3 PA D&C 299 (1923).

Costs - Public Service Commission - Appeals - Record remanded - Costs improperly taxed in Common Pleas - Act of July 26, 1913.

Brock v. Atlantic Refining Co., 71 PLJ 99 (1923), 2 PA D&C 295 (1923). Building restrictions - Obstruction - Vaults and underground constructions - Injunction. Brown v. Syostek, 71 PLJ 104 (1923), 2 PA D&C 431 (1923). Practice - Pleading - Set-off and counter-claim in actions of trespass.

80

Cassone v. Alyea-Nichols Co., 71 PLJ 776 (1923), 3 PA D&C 430 (1923). Actions - Parties - Pleadings - Plaintiff's statement - Striking off. Criss v. Colonial Trust Co. of Pittsburgh, et al, 71 PLJ 182 (1923), 3 PA D&C 460 (1923).

Equity - Real estate under agreement to purchase - Husband and wife - Estate by the entireties - Survivorship.

Commonwealth v. Ballante, 71 PLJ 112 (1923), 2 PA D&C 538 (1923).

Criminal law - Banks and banking - Fraudulent check - Locus fori - Deposit in letter-box - Jurisdiction - Act of April 18, 1919.

Commonwealth v. Goda, 71 PLJ 178 (1923), 3 PA D&C 677 (1923). Adultery - Woman as accomplice - Testimony of an accomplice. Commonwealth v. Hayes, 71 PLJ 65 (1923), 3 PA D&C 473 (1923).

Practice, Q.S. - Allowance of appeal from summary conviction. Game laws - Violation of - Right to wounded deer.

Commonwealth v. Kekic, 71 PLJ 353 (1923), 3 PA D&C 273 (1923).

Constitutional law - Searches and seizures - Intoxicating liquors - Manufacture - Seizure - Arrest - Return of property unlawfully taken.

Commonwealth v. Kohler, et al., 71 PLJ 111 (1923), 3 PA D&C 295 (1923).

Criminal law - False pretenses - Broken promise - Indictment - Sufficiency Act of Act of March 31, 1860.

Commonwealth v. Kugler, 71 PLJ 146 (1923), 2 PA D&C 514 (1923). Defective indictment - Larceny - Ownership not properly set forth. Commonwealth v. Loughran, 71 PLJ 108 (1923), 2 PA D&C 400 (1923).

Justice of the peace - Criminal proceeding - Right of defendant to testify - Right to make statement.

Commonwealth v. One White Truck, 71 PLJ 977 (1923), 3 PA D&C 814 (1923).

Prohibition Enforcement Act - Illegal transportation of liquor - Proceedings by owner to recover truck seized - Act of March 27, 1923.

Commonwealth v. Peck, 71 PLJ 119 (1923), 2 PA D&C 498 (1923).

Waters - Fishing -Trespassing - Claim by prescription - Adverse use - Notice under Act of April 14, 1905.

Commonwealth v. Shippey, et al., 71 PLJ 198 (1923), 3 PA D&C 842 (1923). Trespass - Posted property - Joint action - Several defendants - Act of April 14, 1905. Commonwealth, to use of Stover v. Stover, 71 PLJ 724 (1923), 3 PA D&C 418 (1923). Recognizance - Increased order - Liability of surety.

81

Commonwealth ex rel. United Cigar Stores Co. v. Board of Revisions of Taxes, 71 PLJ 617 (1923), 3 PA D&C 283 (1923).

Taxation - Landlord and tenant - Right of lessee to appeal from tax assessment - Act of March 14, 1865.

Davis v. Hillman, 71 PLJ 17 (1923), 2 PA D&C 769 (1923).

Assumpsit - Future profits - Statute of frauds - Right of action - Partnership - Joint interest - Coal lands.

Diederichs v. Jefferson Township, 71 PLJ 497 (1923), 3 PA D&C 848 (1923).

Municipal indebtedness - Townships - Bond issue - Taxable value of property - Mining out of coal - Act of April 28, 1915.

Endsley v. Laurel Run Fuel Co., 71 PLJ 213 (1923), 3 PA D&C 73 (1923). Ejectment - Conditional verdict - Tender of deed - Striking off statement - Practice Act, 1915, inapplicable.

Estate of Cordes, 71 PLJ 169 (1923), 3 PA D&C 551 (1923). Survivorship - Common disaster - Presumption - Evidence - Descent and distribution. Estate of Clyde, 71 PLJ 76 (1923), 2 PA D&C 416 (1923).

Collateral inheritance tax - Proceeds of real estate in other jurisdictions sold by accountant and brought into Pennsylvania for distribution.

Estate of Kuhn, 71 PLJ 204 (1923), 2 PA D&C 542 (1923).

Jurisdiction, O.C. - Sale of decedent's lands for debts - Confirmation after expiration of lien - Fiduciaries Act of June 7, 1917.

Estate of Roberts, 71 PLJ 197 (1923), 2 PA D&C 541 (1923). Wills - Construction of will and codicil - Inheritance tax. Fearon v. Meads, 71 PLJ 44 (1923), 3 PA D&C 243 (1923).

Practice, C.P. - Action of assumpsit - Request for an accounting - Settlement of partnership accounts - Act of May 14, 1915.

Furman, et al. v. Hill, 71 PLJ 268 (1923), 3 PA D&C 334 (1923). Evidence - Ownership of automobile - Certified copy of registration and vendor and vendee papers.

George v. George, et al., 71 PLJ 801 (1923), 3 PA D&C 477(1923).

Parent and child - Support - Pauper - Poor person - Acts of June 13, 1836, April 6, 1905, and June 15, 1911.

Green v. Sbarske, et al., 71 PLJ 334 (1923), 3 PA D&C 623 (1923). Easement - Pipeline - Inference with easement - Injunction. Harris v. Brown, 71 PLJ 860 (1923), 3 PA D&C 684 (1923). Statement - Sufficiency of - Practice Act of May 14, 1915. In Re Dog License Transfers, 71 PLJ 391 (1923), 3 PA D&C 178 (1923). Dog law - Transfer of license - Fees - Act of May 11, 1921.

82

In Re National Banks as Trust Cos., 71 PLJ 604 (1923), 3 PA D&C 644 (1923). Corporations - National banks - Title - "Trust" companies - Acts of April 22, 1909, and May 19, 1923.

Kelly v. Kelly, 71 PLJ 205(1923), 2 PA D&C 626 (1923).

Justice of the peace - Adjournment of case without day - Judgement in absence of parties.

Lewis v. Commonwealth, 71 PLJ 289 (1923), 3 PA D&C 549 (1923).

Criminal law and procedure - Sunday baseball - Fines - Costs - Restitution - Joint defendants - Several prosecutions - Acts of April 22, 1794, April 26, 1855, and March 10, 1905.

McCaskey Register Co. v. Liggett, 71 PLJ 256 (1923), 3 PA D&C 654 (1923).

Practice, C.P. - Appeals - Appeals from justice of the peace - Cause of action - Action for goods sold - Action upon a written note.

Mifflin, et al. v. Columbia Water Co., 71 PLJ 837 (1923), 3 PA D&C 646 (1923). Payments of mistake of fact - Remedy - Public Service Commission. Milwaukee Locomotive Manufacturing Co. v. Point Marion Coal co., 71 PLJ 378 (1923), 3 PA D&C 131 (1923). Contract - Sale - Set-off - Damages - Tort - Affidavit of defence - Act of Jan. 12, 1705. Muckle v. Kendig, 71 PLJ 775 (1923), 3 PA D&C 417 (1923).

Trespass for damages - Affidavit of defence - Oral or written contract - Practice Act of May 14, 1915.

Neil v. Lee Tire & Rubber Co. , 71 PLJ 955 (1923), 3 PA D&C 811 (1923).

Workmen's Compensation Law - Practice, C.P. - Appeals - Notice - Proof of notice - Failure to file - Motion to strike off appeal - Appearance.

Petruska v. Packard Motor Car Co., 71 PLJ 765 (1923), 3 PA D&C 412 (1923). Negligence - Automobile - Principal and agent - Negligence of agent. Public Defence Assoc., et al. v. City of Pittsburgh, 71 PLJ 176 (1923), 3 PA D&C 317 (1923). Equity - Salaries of city employees - Not to exceed union scale - Ordinance - Statutory

requirements - Power of council. Quertinmont v. Fancy Hill Coal Works, 71 PLJ 349 (1923), 3 PA D&C 52 (1923). Coal lease - Reservation clause construed. Republic Connellsville Coke Co. v. Century Coke Co., 71 PLJ 563 (1923), 3 PA D&C 771 (1923).

Deed - Coal - Sale of coal - Severance of surface and minerals - Construction of deed - Evidence - Adverse possession.

Rohrer v. Greenawalt, 71 PLJ 568 (1923), 3 PA D&C 770 (1923). Costs - Surveys and draft.

83

Savage v. Z.S. Vertner Motor Sales Co., 71 PLJ 748 (1923), 3 PA D&C 505 (1923). Sales - Automobiles - Sale without warranty - Woods and phrases - "As is." Schmidt v. Schmidt, et al, 71 PLJ 315 (1923), 3 PA D&C 461 (1923).

Attachment of wages for board - Acts of May 8, 1878, April 10, 1905, and May 1, 1913 - Special legislation - Constitution, art. iii, sect. 7.

Simons, Brittain & English, Inc. v. Union Trust Co., 71 PLJ 865 (1923), 3 PA D&C 854 (1923). Architects - License - Making contract without license - Corporation - Act of July 12, 1919. Tabachnick v. Bloom, et al., 71 PLJ 43 (1923), 3 PA D&C 450 (1923).

Equity - promissory note - injunction to restrain negotiation - Assignment - Confidential relations.

Thornton v. Thornton, 71 PLJ 649(1923), 3 PA D&C 361 (1923). Divorce - Master's report - Finding of facts - Recommitting report - Act of March 10, 1899. Walls, et al. v. Graham, et al., 71 PLJ 417(1923), 3 PA D&C 417 (1923).

Equity - Plan of lots - Dedication - Public use - Streets - Coal mines - Rights of purchasers - Abutting owners - Good faith.

Wood v. Bradley, 71 PLJ 488 (1923), 3 PA D&C 65 (1923).

Fraudulent Debtors' Act - Affidavit for warrant - Removal and concealment of property - Act of July 12, 1842.

Young & Schmitt v. Peckman, 71 PLJ 432 (1923), 3 PA D&C 394 (1923). Mechanics' liens - Procedure - Judgement on scire facias - Rule to strike off. 1924 American Appraisal Co. v. Kresge, 72 PLJ 208 (1924), 4 PA D&C 114 (1924).

Execution - Sheriff's interpleader - Interpleader - Claimant - Sworn statement - Exception - Extension of time - Practice, C.P. - Acts of May 26, 1897, sect. 2, P.L. 95, and May 23, 1923, P.L. 346.

American Surety Co. v. McSpadden, 72 PLJ 671 (1924), 5 PA D&C 20 (1924-25).

Practice, C.P. - Court may postpone decision of legal questions raised by statutory demurrer until after jury trial - Practice Act of May 14, 1915.

Bridgewater Borough v. Beaver Valley Traction Co., 72 PLJ 420 (1924), 5 PA D&C 646 (1924). Public Service Commission - Jurisdiction - Street railways - Service.

84

Brownsville Township’s Supervisor, 72 PLJ 703 (1924), 4 PA D&C 741 (1924). Public officers - Township supervisors - Vacancy - Neglect to take oath - Filling vacancy by appointment - Act of July 14, 1917.

Commonwealth v. Axe, 72 PLJ 456 (1924), 5 PA D&C 297 (1924-25).

Practice, J.P. and Q.S. - Appeal from summary conviction - Sufficient cause - Records - Payment of penalty or costs - Act of July 11, 1917.

Commonwealth v. Burr, et al., 72 PLJ 263 (1924), 5 PA D&C 172 (1924-25). Criminal law - Sentence - Probation - Parole - Discretion of court - Acts of June 19, 1911. Commonwealth v. Degregorio, 72 PLJ 1068 (1924), 5 PA D&C 205 (1924-25).

Criminal law - Possession of liquor - Service - Warrant for arrest - Liquor law - Justice of the peace.

Commonwealth v. Goldberg, 72 PLJ 314 (1924), 5 PA D&C 59 (1924-25).

Criminal law - Bail-bond - Forfeiture - Remitting forfeiture - Cash bail - Jurisdiction of Quarter Sessions - Act of Dec. 9, 1783.

Commonwealth ex rel. James v. Dobrowolski, 72 PLJ 233 (1924), 5 PA D&C 16 (1924-25).

Boroughs - Public officers - Borough councilmen - Qualification for office - Payment of taxes - Quo warranto - Evidence - Presumption.

Commonwealth v. Klein, 72 PLJ 178 (1924), 4 PA D&C 397 (1924). Involuntary manslaughter - Pedestrian on sidewalk killed by automobile. Commonwealth v. Kelman, 72 PLJ 592 (1924), 4 PA D&C 425 (1924).

Jurisdiction, Q.S. - Prisoners - Petitions for parole - Acts of June 19, 1911, and June 29, 1923.

Commonwealth v. Lazo, 72 PLJ 780 (1924), 4 PA D&C 687 (1924).

Criminal law - Bigamy - Form of marriage - Annulment of bigamous marriage - Act of March 27, 1903.

Commonwealth, to use v. Lefever, 72 PLJ 287 (1924), 4 PA D&C 665 (1924).

Fornication and bastardy - Commitment in default of fine - Entry of judgement for fine - Scire facias - Attachment - Act of June 7, 1907.

Commonwealth v. Mathis, 72 PLJ 1035 (1924), 5 PA D&C 191 (1924-25).

Prohibition enforcement - Forfeiture of vehicle - Statute strictly construed - Chattel mortgage - Act of March 27, 1923.

Commonwealth v. Rinaldi, 72 PLJ 1081 (1924), 5 PA D&C 331 (1924-25).

Indictment for carrying concealed weapons by foreigner - Complaint - Acts of March 18, 1875, May 8, 1909, and May 24, 1923 - Constitution, art. iii, sect. 3.

Commonwealth v. Steenburg, 72 PLJ 734 (1924), 4 PA D&C 586 (1924).

Criminal law - Violation of Automobile Act - State highway - Portion of highway under construction -Operation of truck by contractors - Costs - Act of May 17, 1921.

85

Commonwealth v. Studebaker Touring Car, 72 PLJ 358 (1924), 4 PA D&C 276 (1924).

Liquor laws - Seizure of instrument of transportation - Automobile under lease - Bailment lease - Rights of owner - Lawful possession - Act of March 27, 1923 - Constitutional law - Police power.

Cook v. Sefton, et ux., 72 PLJ 495 (1924), 5 PA D&C 134 (1924-25).

Equity - Equity practice - Parties - Death of one of the parties plaintiff - Amendment - Demurrer - Equity rule 27.

Denver National Bank v. Robert M. Granat & Co., 72 PLJ 159 (1924), 5 PA D&C 363 (1924-25). Negotiable note - Holder in due course - Stoppage of payment - Privity of contract. Doehne’s Petition, 72 PLJ 561 (1924), 4 PA D&C 431 (1924).

Liquor laws - License - Brewer's license - Act of March 27, 1923 - Repealing clause - Acts of May 24, 1887, June 9, 1891, and July 30, 1897.

Duff, et al. v Perry Township School District, 72 PLJ 241 (1924), 4 PA D&C 439 (1924).

School law - School budget - Cost of erecting addition to school-house - Constitutional limitation upon the incurring of debt - School Code of May 18, 1911, and amendments.

Durkin v. Gavin, et al., 72 PLJ 150 (1924), 4 PA D&C 816 (1924). Practice, J.P. - Summons - Constable and deputy constable. Estate of Arnold, 72 PLJ 303 (1924), 4 PA D&C 33 (1924).

Decedents' estates - Partition - Life estate - Right of possession - Jurisdiction, O.C. - Acts of April 11, 1835, and June 7, 1917.

Estate of Duff, 72 PLJ 486 (1924), 4 PA D&C 315 (1924).

Declaratory judgements - Jurisdiction, O.C. - Uniform Declaratory Judgements Act of June 18, 1923.

Estate of Easby, 72 PLJ 431 (1924), 4 PA D&C 271 (1924).

Transfer inheritance tax - Intangible assets of foreign decedent upon ancillary accounting - Orphans' Court without jurisdiction where Auditor General has made assessment - Act of June 20, 1919.

Estate of Johann, 72 PLJ 76 (1924), 4 PA D&C 583 (1924).

Executors and administrators - Publication of notice - Legal periodicals - Creditors - Filing for accounts - Act of June 7, 1917, sect. 10, construed.

Estate of Johnson, 72 PLJ 716 (1924), 4 PA D&C 545 (1924).

Decedents' estates - Husband and wife - Allowance of $5000 - Intestate Act of June 7, 1917.

Estate of Justus, 72 PLJ 625 (1924), 5 PA D&C 749 (1924-25). Wills - Bequest - Condition void as against public policy.

86

Estate of Monroe, 72 PLJ 96 (1924), 4 PA D&C 8 (1924). Collateral inheritance tax - Presumption of payment from lapse of time - Rebuttal. Gitman Bros. v. Marantz, 72 PLJ 480 (1924), 5 PA D&C 164 (1924-25).

Foreign judgement - Suit on judgement of sister state - Notice of trial - Affidavit of defence.

Gross v. Dickinson, 72 PLJ 557 (1924), 4 PA D&C 505 (1924).

Practice, C.P. - Trespass - Affidavit not to be filed after fifteen days from service of statement - Practice Act of May 14, 1915.

Guyer v. Bender, 72 PLJ 701 (1924), 4 PA D&C 466 (1924). Practice, J.P. - Summons - Return-day - Computation of time - Five days - Act of March 20, 1810. Hare & Chase’s Petition, 72 PLJ 301 (1924), 5 PA D&C 413 (1924).

Liquor law - Confiscation of vehicle transporting intoxicating liquors in leased automobile -Act of March 27, 1923.

Harsh v. Willard, 72 PLJ 138 (1924), 4 PA D&C 79 (1924).

Bankruptcy - Trustee's sale - Bankrupt's possession of personal property not owned by him - Jurisdiction of federal court - Suit against trustee.

Hill v. British and Foreign Marine Insurance Co., 72 PLJ 52 (1924), 4 PA D&C 9 (1924).

Automobile insurance - Valued policy - Policy of adjuster to bind by agreement to pay full insured value.

In Re Architects’ Certificates, 72 PLJ 634 (1924), 4 PA D&C 766 (1924). Corporations - Architects' certificates not to be granted to - Act of July 12, 1919. In Re Cattle Testing for Disease, 72 PLJ 1085(1924), 5 PA D&C 773 (1924-25).

Department of Agricultural - Domestic animals - Education of diseases - Tuberculosis of cattle - Quarantine - Acts of May 9, 1899, July 22, 1913, and June 7, 1923.

In Re Constitutional Amendments, 72 PLJ 687 (1924), 5 PA D&C 314 (1924-25).

Constitutional Amendments - Timely and untimely submission - Construction of Armstrong v. King, Secretary of Commonwealth, 281 Pa. 207.

In Re Common Pleas Court Judges, 72 PLJ 388 (1924), 4 PA D&C 408 (1924).

Judges - Appointment - Member of legislature - Constitution, art. ii, sect. 3, and art. ii, sect. 6 - Civil office.

Knight & Cooley v. Dimas, 72 PLJ 759 (1924), 5 PA D&C 95 (1924-25).

Justice of the peace - Appeal - Rule to set aside summons - Former suits - Res judicata - Matter of defence - Evidence.

87

Lehigh County Brewers’ & Bottlers’ Licenses, 72 PLJ 479 (1924), 5 PA D&C 104 (1924-25).

Liquor law - Licenses - Brewers' and bottlers' licenses - Wholesale dealers - Acts of July 30, 1897, and March 27, 1923.

New Holland Borough v. Ranck, 72 PLJ 155 (1924), 5 PA D&C 307 (1924-25).

Municipal lien - Counter-claim for damages in trespass - When counter-claim will not be stricken off - Acts of May 14, 1915.

1925 Commonwealth v. Hendley, 73 PLJ 335 (1924), 5 PA D&C 716 (1924-25). Sunday - Judicial proceedings - Criminal procedure - Hearing on Sunday. Commonwealth ex rel. v. Swissvale Borough, 73 PLJ 17 (1924), 5 PA D&C 733 (1924-25).

Mandamus - Tax collectors of boroughs and school districts - Removal from office - Vacancy - Borough council - Board of school directors - Filling vacancy - Election - Article vi, Section 4, of Constitution - Statutory requirements - School Code.

Estate of Cuyler, 73 PLJ 895 (1924), 5 PA D&C 317 (1924-25).

Trusts and trustees - Unauthorized investments - No right on part of trustee to set off gains on one unauthorized investment against the losses on another. Trusts and trustees - Surcharge on income - Fiduciaries Act of June 7, 1917.

Eugene S. Reilly & Co. v. Kristufek, 73 PLJ 415 (1924), 5 PA D&C 708 (1924-25).

Practice, C.P. - Amendment - Affidavit of defence - Contract - Sunday - Costs - Act of May 14, 1915, P.L. 483.

In Re Registration of Veterinary Surgeons, 73 PLJ 14 (1924), 5 PA D&C 689 (1924-25).

Department of Justice - Opinions of the Attorney General - Conflict with opinions of the Attorney - General of the United Sates. Constitutional law - Constitution, U.S. - Federal laws creating Federal Bureau of Animal Industry. Veterinary surgeons - Surgeons acting as federal inspectors - Registration - Acts of May 5, 1915, and May 8, 1919.

1926 [Note- Volume 6 of D&C is missing] Adoption of Beech, 74 PLJ 49 (1926), 7 PA D&C 505 (1926).

Parent and child - Adoption - Consent of parents - Abandonment by father - Act of April 4, 1925.

Adoption of Bonnem, 74 PLJ 705 (1926), 8 PA D&C 146 (1926-27).

Adoption - Contest between divorced parents - Abandonment of child by father - Welfare of child - Act of April 4, 1925.

88

Alderman’s Election of Clairton, 74 PLJ 105 (1926), 7 PA D&C 455 (1926).

Municipalities - Cities of the third class - Public officers - Alderman - Elections - Acts of June 21, 1839, March 9, 1846, May 23, 1874, May 23, 1889, June 27, 1913, May 3, 1917, and July 27, 1917.

American Railway Express Co. v. Berry, 74 PLJ 484 (1926), 7 PA D&C 687 (1926). Justice of the peace - Appeal - Affidavit on appeal - Who may take affidavit - Mandamus. Commonwealth v. Carroll, et al., 74 PLJ 871 (1926), 8 PA D&C 271 (1926-27). Conspiracy - Adultery - Statutory rape - Indictment - Demurrer. Commonwealth v. Hall, 74 PLJ 766 (1926), 7 PA D&C 689 (1926).

Trial by jury - Right of defendant to waive jury trial and elect to be tried by the court - Constitution, art. i, sects 6 and 9.

Commonwealth ex rel. McClure v. Armstrong, et al. 74 PLJ 377 (1926), 8 PA D&C 531 (1926-27).

Election law - Primary elections - County commissioners - Inspection of returns - Mandamus - Districts .

Commonwealth v. Wisseman, 74 PLJ 383 (1926), 8 PA D&C 316 (1926-27). Husband and wife - Non-support proceedings - Wife's counsel fee. Crannell v. H.R. Moch, Inc., et al., 74 PLJ 358 (1926), 8 PA D&C 486 (1926-27).

Judgement - Default - Replevin - Rule to open - Sheriff returns - Non est inventus - Nihil habet - Act of March 19, 1923.

Criswell v. Martin, Attorney General, 74 PLJ 508 (1926), 8 PA D&C 425 (1926-27).

Declaratory judgements - Status of retired judge - Act of June 18, 1923. Judges - Status of retired judges - Engaging in business after retirement - Act of June 12, 1919.

Dahlstrom v. Taylor, 74 PLJ 506 (1926), 7 PA D&C 604 (1926).

Promissory note - Joint liability - Non-joinder - Practice - Affidavit of defence - Practice Act of May 14,, 1915, sect. 20, P.L. 483.

Ebersole v. Goodman, 74 PLJ 478 (1926), 7 PA D&C 605 (1926).

Husband and Wife - Estate by entireties - Divorce - Act of May 13, 1925 - Constitutionality.

Estate of Bonsall, 74 PLJ 369 (1926), 7 PA D&C 421 (1926).

Wills - Construction - Gifts over to lineal descendants according to the intestate laws, etc. - Act of June 29, 1923.

Estate of Wintermute, 74 PLJ 466 (1926), 7 PA D&C 613 (1926).

Decedents' estates - Appraisement - Value of estate - Deduction of debts - Act of June 20, 1919 - Inheritance tax - Taxation.

89

Gerstner v. Ayers, et al., 74 PLJ 427 (1926), 8 PA D&C 730 (1926-27).

School law - Misfeasance and nonfeasance of directors - Individual liability of directors - Care of grounds - Injury to pupil - Act of May 18, 1911.

Graeff v. Schlottman, et al, 74 PLJ 457 (1926), 7 PA D&C 269 (1926).

Public officers - Sheriff's solicitor - Counties of fourth class - Constitutional law - Title of act - Act of May 10, 1923.

Hlawati v. Maeder-Hlawati Co., et al., 74 PLJ 459 (1926), 8 PA D&C 523 (1926-27). Corporations - Dissolution - Reduction of capital - Officers - Stockholders - Jurisdiction. Hoehn v. Miller, 74 PLJ 455 (1926), 7 PA D&C 516 (1926). Line-fences in cities - Repair of - Liability of adjoining owner - Act of April 14, 1905. Hoene v. Myers, et al., 74 PLJ 145 (1926), 7 PA D&C 558 (1926).

Insurance - Life insurance - Beneficiaries - Vested and contingent interests - Child of deceased son - Death of beneficiary prior to insured - Cases stated.

In Re Coal & Iron Police, 74 PLJ 267 (1926), 8 PA D&C 334 (1926-27).

Police - Coal and iron police - Appointments - Removal - Power of Governor - Act of April 11, 1866.

In Re Judges’ Retirement, 74 PLJ 122 (1926), 7 PA D&C 411 (1926). Judges - Retirement - Term of Service- Act of June 12, 1919. In Re Commissions of Notary Publics, 74 PLJ 150 (1926), 7 PA D&C 429 (1926).

Notaries public - Recess appointments - Confirmation by Senate - Special session - Date of lifting commissions and filing bonds - Acts of April 14, 1840, P.L. 334, and April 4, 1901, P.L. 70.

In Re Merger of Bank and Trust Companies., 74 PLJ 884 (1926), 8 PA D&C 502 (1926-27).

Banks and banking - Banks of discount - Trust companies - Merger - Sub-agency - Acts of July 28, 1917, P.L. 1235, and June 15, 1923, P.L. 809.

In Re Primary Elections, 74 PLJ 326 (1926), 7 PA D&C 797 (1926).

Primary elections - Loan elections - Assistance at primary elections - Acts of July 12, 1913, P.L. 719, and June 25, 1919, P.L. 581.

In Re Qualifications of Notary Publics, 74 PLJ 304 (1926), 7 PA D&C 587 (1926).

Public officers - Notary public - Qualifications - Membership of Bar of United States District Court - Constitutional law - Act of May 15, 1874, P.L. 186.

In Re Railroad Police, 74 PLJ 213 (1926), 7 PA D&C 596 (1926). Railroad police - Powers - Where exercised - Act of Feb. 27, 1865.

90

In Re Trust Companies’ Deposits of Trust Estates, 74 PLJ 389 (1926), 8 PA D&C 225 (1926-27). Trust companies - Deposit of trust funds - Co-trustees - Act of May 9, 1889, P.L. 159. In Re Vacancy of Recorder of Deeds, 74 PLJ 550 (1926), 8 PA D&C 469 (1926-27).

Public officers - Recorder of deeds - Vacancy by death - Appointment by Governor - Interim appointment - Acts of July 2, 1889, May 15, 1874, and March 17, 1897.

Ligonier Borough v. Deeds, 74 PLJ 491 (1926), 7 PA D&C 598 (1926).

Constitutional law - Local and special acts - Act of March 29, 1923. Road law - Municipal liens for paving - State highway - Acts of May 16, 1923, P.L. 207, and March 29, 1923.

McConnell v. Pitt Caliche Co., 74 PLJ 360 (1926), 8 PA D&C 256 (1926-27).

Pleading and practice - Assumpsit - Affidavit of defence - Counter-claim - Compulsory arbitration - Petition to withdraw answers - Act of June 16, 1836, P.L. 715.

McFadden, et ux. v. Stamm, 74 PLJ 644 (1926), 7 PA D&C 753 (1926). Imprisonment under process in civil action - Discharge - Act of July 1, 1915, P.L. 704. Mount Oliver Ballots, 74 PLJ 70 (1926), 7 PA D&C 637 (1926).

Election law - Primary election - Fraud - Irregularities - Voters not on registry list - Democrats voting Republican ballots - Effect on ballot of assistance without affidavit - Recount.

Patterson v. Dunkle, et al., 74 PLJ 317 (1926), 8 PA D&C 265 (1926-27).

Pleading and practice - Ejectment - Tax sales - Judgement of non pros. - Alias writ after judgement of non pros. - Motion to quash - Contempt - Constitutionality of Act of May 16, 1919.

Semple, Admr., v. City of Pittsburgh, et al., 74 PLJ 321 (1926), 8 PA D&C 314 (1926-27).

Equity - Injunction - Ejectment - Landlord and tenant - Right of occupancy - Trespass - Lease - Jurisdiction - Space in market-house owned by municipality.

Stoner v. Miller’s Executors, 74 PLJ 301 (1926), 8 PA D&C 160 (1926-27). Issue certified from Orphan's Court-Practice. Sutherland v. Paul, 74 PLJ 558 (1926), 8 PA D&C 475 (1926-27). Trusts and trustees - Spendthrift trust - Attachment for alimony - Act of May 10, 1921. 1927 Anderson v. Fredell, 75 PLJ 231 (1927), 8 PA D&C 567 (1926-27).

Sheriff's sale - Distribution of proceeds - Oral notice of sale - Divesture of liens - Constitutional law.

91

Appeal of County Treasurer, 75 PLJ 616 (1927), 9 PA D&C 324 (1927). Interest - Fund paid into court - Practice, C.P. - Act of May 25, 1878. Barry, Trustee, v. Gvoic, 75 PLJ 252 (1927), 8 PA D&C 544 (1927).

Rewards - Arrest by officers - Public policy. Rewards - Judgement bond to secure payment of reward - Reward offered for arrest of murderer - Voluntary manslaughter.

Buettner, etc. v. City of Washington, 75 PLJ 573 (1927), 9 PA D&C 225 (1927).

Eminent domain - Widening of street - Landlord and tenant - Tenant's damages - Dedication by landlord.

Clements v. Kandler, 75 PLJ 608 (1927), 9 PA D&C 310 (1927).

Constitutional law - Deprivation of property rights - Estate by entireties - Sale of property after divorce - Act of May 13, 1925.

Commonwealth v. Guzzi, et al., 75 PLJ 337 (1927), 8 PA D&C 760 (1926-27).

Liquor law - Padlocking - Nuisance - Equity - Act of March 27, 1923, sect. 6, Constitutional law.

Commonwealth v. Horrocks, 75 PLJ 743 (1927), 9 PA D&C 519 (1927).

Motor-vehicle laws - Violation - Complaint - Copy of charge - Failure to give - Waiver of rights - Act of June 30, 1919, P.L. 678.

Commonwealth ex rel. Kelly v. Warden of Jail, 75 PLJ 763 (1927), 9 PA D&C 395 (1927).

Coroners - Inquest - Witness - Contempt - Refusal to appear. Evidence - Witness - Privilege - Crime. Habeas corpus - Judgement of judicial officer - Review.

Commonwealth v. Mohr, 75 PLJ 610 (1927), 9 PA D&C 299 (1927).

Criminal law - Demurrer to evidence - Criminal law - Adultery - Evidence - Relations of parties after arrest.

Commonwealth v. Smith, 75 PLJ 342 (1927), 8 PA D&C 702 (1926-27).

Constitutional law - Title of act - Act of April 27, 1925, amending Act of June 30, 1919 - Automobiles.

Commonwealth v. Waid, 75 PLJ 610 (1927), 9 PA D&C 299 (1927).

Criminal law - Demurrer to evidence. Criminal law - Adultery - Evidence - Relations of parties after arrest.

Estate of Armstrong, 75 PLJ 80 (1927), 8 PA D&C 442 (1926-27). Wills - Parol evidence to vary date, when clear, precise and indubitable. Ademption of real estate specially devised. Estate of Blackburne, 75 PLJ 305 (1927), 8 PA D&C 655 (1926-27). Wills - Construction - Power of appointment - Execution of - Act of June 7, 1917. Estate of Bunting, 75 PLJ 322 (1927), 8 PA D&C 746 (1926-27).

Executors and administrators - Filing account before expiration of six months from grant of letters - Act of June 7, 1917.

92

Estate of Homrich, 75 PLJ 263 (1927), 9 PA D&C 327 (1927).

Recognizances - Recognizance for support of minor child - Death of recognizer - Discharge.

Estate of Hunter, 75 PLJ 173 (1927), 8 PA D&C 533 (1926-27).

Guardian and ward - Allowance of funeral expenses of minor's indigent father from minor's estate.

Estate of Ogilvie, 75 PLJ 588 (1927), 9 PA D&C 621 (1927).

War Risk Insurance - Designating beneficiary by will - Distribution to next of kin - Bequest to fiancee.

Estate of Zimmerman, 75 PLJ 911 (1927), 9 PA D&C 564 (1927).

Decedents' estates - Sale of land - Revised Price Act of June 7, 1917 - Executors and administrators.

Fleming v. Siegel, 75 PLJ 341 (1927), 8 PA D&C 680 (1927).

Practice Act of May 14, 1915, P.L. 483 - Affidavit of defence - General denials - Admissions.

Hammond v. Hammond, 75 PLJ 577 (1927), 9 PA D&C 228 (1927). Divorce- Abatement of actions - Death of party - Jury trial - Practice, C.P. Hansell v. Suburban Enterprises Co., 75 PLJ 97 (1927), 9 PA D&C 462 (1927).

Injunction - Preliminary - Upper and lower riparian owners - Swimming pool, bathrooms and toilets - Artificial collection of water - Discharge into ravine.

In Re Building & Loan Associations’ Annual Reports, 75 PLJ 244 (1927), 9 PA D&C 177 (1927).

Building and loan associations - Annual reports - Banking Department - Call for reports - Act of June 15, 1923.

In Re Child Labor Law, 75 PLJ 447 (1927), 9 PA D&C 779 (1927).

Child Labor - Children engaged in theatrical work - Resident and non-resident children - Industrial Board - Discretion - Act of May 13, 1915.

In Re Consolidated Banks, 75 PLJ 167 (1927), 9 PA D&C 192 (1927).

Banks and banking - Consolidation - Duration of existence - Special privilege - Act of May 3, 1909.

In Re Game in National Forest Lands, 75 PLJ 186 (1927), 8 PA D&C 688 (1926-27). Game laws - Preservation of game on national forest lands - Jurisdiction of Pennsylvania. In Re Tax on Judgments, 75 PLJ 106 (1927), 8 PA D&C 714 (1926-27).

Taxation - Writs - Sci. fa. To revive - Liens on premiums due to State Workmen's Insurance Fund - Acts of April 6, 1830, and June 2, 1915.

93

In Re Tax on Trust Companies’ Shares, 75 PLJ 90 (1927), 9 PA D&C 132 (1927).

Taxation - Penalties - Exemption - Resettlement - Acts of March 30, 1811, and July 11, 1923.

Linn v. Walker, 75 PLJ 77 (1927), 9 PA D&C 549 (1927).

Negligence - Minister - Automobile owned by congregation - Member of congregation as driver.

Marcus v. Kleinman, et al., 75 PLJ 171 (1927), 8 PA D&C 542 (1926-27).

Promissory notes - Filling in blanks - Attorney's commissions - Judgement note - Act of May 16, 1901.

McGowan v. Pennsylvania Railroad Co., 75 PLJ 47 (1927), 9 PA D&C 575 (1927). Carriers - Delivery - Delay - Reasonable and ordinary time - Decline in market. Neehan v. Smyth, 75 PLJ 658 (1927), 9 PA D&C 404 (1927).

Corporations - Mortgage - Illegal mortgage - Consideration - Mortgage to secure stockholders - Constitutional law - Estoppel.

Premier Cereal & Beverage Co. v. Pennsylvania Alcohol Permit Board, 75 PLJ 681 (1927), 9 PA D&C 554 (1927).

Liquor law - Alcohol permits - Acts of March 27, 1923, and Feb. 19, 1926 - Constitutional law - Trial by jury.

Rawlings v. Lewert, 75 PLJ 111 (1927), 9 PA D&C 701 (1927).

Judgements - Justice's Court - Entry against husband and wife - Summons against husband - Wife made party defendant by amendment at hearing - Act of May 4, 1852 - Notice - Certiorari.

Specktor, Larner & Peck v. Northwestern Fire & Marine Insurance Co., 75 PLJ 175 (1927), 8 PA D&C 510 (1926-27).

Abating writ distinguished from striking off service - While original writ is abated, alias summons may not be issued.

1928 Buccasi’s Naturalization, 76 PLJ 679 (1928), 10 PA D&C 651 (1928).

Naturalization - Declaration of intention - Act of Congress of June 29, 1906, 34 Stat. At L. 596.

Charter of St. John’s Church, 76 PLJ 16 (1928), 10 PA D&C 576 (1928). Corporations - Charter - Church - Holding corporation not in fact a church - Name. Commonwealth v. Allison, 76 PLJ 87 (1928), 11 PA D&C 18 (1928-29).

Poor law - Action against father of indigent insane for maintenance - Statement of claim - Averment of ability to pay - Acts of June 1, 1915, and May 10, 1921 - Practice, C.P.

94

Commonwealth v. Edeburn, 76 PLJ 253 (1928), 11 PA D&C 356 (1928-29). Extradition - Husband and wife - Desertion and non-support - Indictment in another state - Fugitive from justice - Habeas corpus.

Commonwealth ex rel. District Attorney v. Castetter, 76 PLJ 791 (1928), 11 PA D&C 223 (1928-29).

Public officers - Township commissioner - Qualifications for office - Payment of taxes - Quo warranto.

Commonwealth ex rel. District Attorney v. Coal Township School Directors, 76 PLJ 788 (1928), 11 PA D&C 259 (1928-29). Public officers - Township treasurer - Collection of school taxes - Act of May 18, 1911. Cunin v. Ehrlich, et al., 76 PLJ 807 (1928), 11 PA D&C 89 (1928-29).

Landlord and tenant - Rent - Distress - Goods of stranger - Possession by tenant under conditional sale.

Deppen Manufacturing Co., Inc. v. Pennsylvania Alcohol Permit Board, 76 PLJ 107 (1928), 11 PA D&C 305 (1928-29). Intoxicating liquors - Alcohol Permit Board - Bond - Forfeiture - Act of Feb. 19, 1926. Duchi v. Duchi, 76 PLJ 544 (1928), 11 PA D&C 610 (1928-29).

Marriage - First Cousins - Annulment - Jurisdiction - Act of March 13, 1815, 6 Sm. Laws, 286 - Act of June 24, 1901, P.L. 597 - Uniform Declaratory Judgements Act of June 18, 1923.

Estate of Raible, 76 PLJ 647 (1928), 10 PA D&C 747 (1928). Entireties - Estate by entireties - Husband and wife - Stock certificate. Estate of Tobey (Laura H.), 76 PLJ 260 (1928), 10 PA D&C 229 (1928). Taxation - Inheritance tax - Blending estates - Practice, O.C. Frye v. Lanning, 76 PLJ 161 (1928), 10 PA D&C 727 (1928).

Judgement of the peace - Jurisdiction - Damages to automobile - Acts of March 22, 1814, and July 7, 1879. Constitutional law - Amendment of Act - Damages to automobile - Receipted bill - Defective title - Act of June 14, 1923. Certiorari.

Harden v. Scheib, et al, 76 PLJ 158 (1928), 11 PA D&C 231 (1928-29).

Justice's court - Jurisdiction - Trespass - Damages arising from operation of automobile - Constitutional law - Acts of June 30, 1919, and June 14, 1923.

In Re Fraternal Benefit Societies’ Endowment Certificates, 76 PLJ 174 (1928), 10 PA D&C 589 (1928). Fraternal benefit societies - Endowment benefit certificate - Act of May 20, 1921. In Re Transfer of Building & Loan Association of Stock in Name of Decedent, 76 PLJ 354 (1928), 11 PA D&C 8 (1928-29).

Building and loan associations - Transfer of decedent's stock - Inheritance tax - Act of June 20, 1919.

95

Klauder, et al. v. Cox, et al., 76 PLJ 659 (1928), 10 PA D&C 613 (1928). Municipalities - Taxpayer's suit - Parties - Demand on proper officers to bring suit - Duplicity - Parties. Municipalities - Public officers - Personal responsibility - When officers are not responsible for their public acts.

Koons, et al. v. Koons, et al., 76 PLJ 537 (1928), 10 PA D&C 617 (1928). Will - Gift of contents of box - Deed for ground rents. Lappe v. Lappe, 76 PLJ 238 (1928), 11 PA D&C 209 (1928-29).

Equity - Bill - Service - Refusal of defendant to permit entrance to house - Special order under Rule 27 - Attaching copy of bill to door.

Mangos v. Cronis, et al., 76 PLJ 855 (1928), 10 PA D&C 812 (1928). Wage claims - Rent - Priority - Acts of May 12, 1891, and June 4, 1901. McGovern v. Armstrong, 76 PLJ 340 (1928), 11 PA D&C 397 (1928-29).

Primary election - Return board - County commissioner - Candidate for office - Election to office - Acts of July 12, 1913, and June 29, 1923.

Mutual Pannonia Building & Loan Association v. Lichtman, 76 PLJ 843 (1928), 11 PA D&C 74 (1928-29).

Mortgage bond - Judgement - Entry - Inquisition - Waiver - Effect on purchaser subject to mortgage.

Port Vue Borough v. Pittsburgh, &c. Railroad Co., 76 PLJ 545 (1928), 11 PA D&C 385 (1928-29).

Railroads - Eminent domain - Change of location of highway - Reconstruction of new highway - Defective construction - Injunctions - Mandatory - Limitations - Estoppel - Act of Feb. 19, 1849.

Shaffer v. Sewickley Borough, et al., 76 PLJ 207 (1928), 11 PA D&C 583 (1928-29). Mandamus - Borough lockup - Receiving outside prisoners - Act of April 25, 1909. Singer Sewing Machine Co. v. Baird, et al., 76 PLJ 794 (1928), 11 PA D&C 251 (1928-29).

Possession proceedings - Property purchased at sheriff's sale - Ownership - Joint defendants.

Union Trust Co. v. McCarthy, 76 PLJ 262 (1928), 10 PA D&C 243 (1928). Judgements - Name of defendant - Correction - Scire facias - Lien - When effective. 1929 Adoption of Kutz, 77 PLJ 322 (1929), 11 PA D&C 766 (1928-29). Adoption - Decree - Revocation of decree.

96

Bloom v. Bloom, 77 PLJ 352 (1929), 11 PA D&C 752 (1928-29). Practice, C.P. - Process - Subpoena in divorce - Service by sheriff - Act of May 17, 1921. Commonwealth v. Altoona Beverage & Ice Co., et al, 77 PLJ446 (1929), 12 PA D&C 736 (1929).

Manufacture of non-alcoholic beverages - Permit - Bond - Forfeiture - Penalty - Liquidation damages - Act of Feb. 19, 1926.

Commonwealth v. Meyers, 77 PLJ 380 (1929), 12 PA D&C 76 (1929).

Criminal law - Bail - Forfeiture - Acts of Dec. 9, 1783, sect. 2, 2 Sm. Laws, 84, July 30, 1842, sect. 26, P.L. 454, and July 11, 1917, P.L. 802.

Commonwealth v. Premier Cereal & Beverage Co, et al., 77 PLJ 120 (1929), 11 PA D&C 627 (1928-29).

Liquor laws - Registration of Federal permit - Pennsylvania permit - Bond - Act of Feb. 19, 1926.

Commonwealth v. Salyards, 77 PLJ 124 (1929), 12 PA D&C 388 (1929).

Boroughs - Councilman - Incompatible offices - Surety on treasurer's bond - Removal - Act of March 31, 1860 - Scope - Treasurer without salary.

Commonwealth v. Simmons, 77 PLJ 410 (1929), 12 PA D&C 75 (1929).

Criminal law - Murder - Parole - Probation - Acts of June 19, 1911, P.L. 1055, and June 19, 1911, P.L. 1059.

Commonwealth ex rel. v. Smith, 77 PLJ 74 (1929), 11 PA D&C 439 (1928-29).

Public officers -Vacancy in the office of borough tax collector - Acts of May 8, 1923, and May 4, 1927 - Constitutional law, article iii, section 13.

Commonwealth v. Sukena, 77 PLJ 79 (1929), 11 PA D&C 340 (1928-29).

Criminal law - Discharge of prisoner - Failure to try prisoner in proper time - Act of March 31, 1860.

Estate of Burton, 77 PLJ 788 (1929), 12 PA D&C 605 (1929).

Trusts and trustees - Principal and income - Right to subscribe for new stock of corporation.

Estate of Henderson, 77 PLJ 191 (1929), 11 PA D&C 636 (1928-29).

Decedents' estates - Liens on land - Jurisdiction of Orphans' Court to discharge liens - Parties - Act of June 7, 1917.

Estate of Knowles, 77 PLJ 225 (1929), 11 PA D&C 621 (1928-29).

Taxation - Transfer inheritance tax - Federal estate tax - Constitutional law - Acts of June 20, 1919 and May 7, 1927.

Estate of McCreery, 77 PLJ 145 (1929), 12 PA D&C 611 (1929).

Decedent's estate - Assets - Bonds claimed by a daughter - Joint use of safe-deposit box - Title - Proof.

97

Estate of Pietrazko, 77 PLJ 144 (1929), 11 PA D&C 521 (1928-29). Guardian and Ward - Allowance of funeral expenses of minor's parent from minor's estate.

Estate of Wanamaker, 77 PLJ 14 (1929), 11 PA D&C 341 (1928-29). Will - Probate - "Principal residence" of decedent - Finding of fact - Act of June 7, 1917. Garlic’s Case, 77 PLJ 151 (1929), 11 PA D&C 453 (1928-29).

Attorney-at-law - Disbarment - Embezzlement - Retention of moneys collected - Deceiving client.

Heberly v. Heberly, et al., 77 PLJ 786 (1929), 12 PA D&C 357 (1929). Mortgages - Failure of mortgager to pay taxes - Scire facias for non-payment of taxes. In Re Student Patrols, 77 PLJ 173 (1929), 11 PA D&C 660 (1928-29). School law - Student patrols - Guarding streets. In Re State Highway Construction Through Municipalities, 77 PLJ 537 (1929), 12 PA D&C 523 (1929).

State highways through municipalities - Construction and maintenance - Appropriation by State - Approval of plans and work by Highway Department - Payment of expenses - Act of May 1, 1929.

In Re Title Insurance for Corporations, 77 PLJ 557 (1929), 12 PA D&C 719 (1928-29). Corporations - Charters - Title insurance - Acts of April 29, 1874, and May 9, 1889. Schuylkill Trust Co., Administrator, v. Klemr, et al., 77 PLJ 137 (1929), 12 PA D&C 44 (1929). Banks and banking - Deposit - Trust and trustees. Select Furniture Co. v. Kearns, 77 PLJ 399 (1929), 12 PA D&C 604 (1929). Replevin - Retention of goods - Counter-bond. Stockwell v. McDowell, 77 PLJ 203 (1929), 12 PA D&C 515 (1929).

Evidence - Admissions based on hearsay - Negligence - Automobile - Driver - Agency for defendant.

Thissell’s Case, 77 PLJ 135 (1929), 11 PA D&C 521 (1928-29).

Attorneys-at-law - Misconduct - Disbarment - Master in divorce - Borrowing money from libellant.

United States v. Kerper & Norris, 77 PLJ 93 (1929), 11 PA D&C 445 (1928-29).

National Prohibition Act - Sales by bootlegger - Liability of purchaser for conspiracy with bootlegger.

Warfel v. Mutariello, 77 PLJ 732 (1929), 12 PA D&C 577 (1929).

Warrant for arrest - Contract - Fraud - Removing goods purchased without paying for same - Act of July 12, 1842.

98

1930 Adoption of Andrews, 78 PLJ 224 (1930), 14 PA D&C 343 (1930-31).

Parent and child - Adoption - Nature of proceeding - Requisites - Accuracy of statements - Names of Parties - Consent by parent or next friend - Time of execution.

Bowers v. Smith, County Treasurer, 78 PLJ 558 (1930), 14 PA D&C 220 (1930-31).

Constitutional law - Title of Statute - Sufficiency - Cognate provisions - Due process - 14th Amendment - Act of May 9, 1929 - Sale for taxes - Opportunity to be heard - Necessity - Time of hearing - Restrictions upon objections permitted.

Brumbach v. Pearson, et al., 78 PLJ 451 (1930), 13 PA D&C 762 (1930).

Liens - Priority - Judgement against purchaser - Equitable interest - Unrecorded agreement - After-acquired title - Identity of parties - Mortgage - Execution at delivery of deed - Act of April 27, 1927 - Discharge by sale under judgement - Acts of April 6, 1830, and May 8, 1901. Inquiry by mortgagee - Scope - Facts outside record.

Commonwealth v. Boyer, 78 PLJ 220 (1930), 13 PA D&C 254 (1930).

Costs - Detective and chemical expenses - Criminal law - Acquittal of defendant - Liquor law - Act of June 29, 1923.

Commonwealth v. Foch Cereal Co., et al., 78 PLJ 555 (1930), 14 PA D&C 133 (1930-31).

Bonds - Penal bond to Commonwealth - Duration - License under Act of Feb. 19, 1926 - Necessity - Renewal of license - Effect - Entry of judgement - Proof of damages - Penalty exacted by State.

Commonwealth v. Marter, 78 PLJ 479 (1930), 13 PA D&C 688 (1930).

Motor vehicles - Criminal offenses - Summary conviction - Act of May 1, 1929 - Prosecution before nearest available magistrate - Constitutional law - Title of act - Sufficiency - Exclusion of jurisdiction of other officers.

Estate of Ellwerth, 78 PLJ 703 (1930), 14 PA D&C 516 (1930-31). Legacy of income with power to consume principal - Funeral expenses of legatee. Estate of Mickelson, 78 PLJ 537 (1930), 13 PA D&C 686 (1931).

Decedents' estates - Distribution - Death of next of kin - Necessity of administrator to receive fund - Award to persons taking through next of kin.

Estate of McLaughlin, 78 PLJ 215 (1930), 14 PA D&C 665 (1930-31).

Gifts - Gift inter vivos - Validity sufficiency of delivery - Stock exchange seat - Evidence - Degree of proof required - Relationship of parties.

Estate of Wilson, 78 PLJ 315 (1930), 14 PA D&C 239 (1930-31).

Attorney and client - Privileged communications - Correspondence as agent - Collection of mortgages - Persons entitled to claim privilege - Subpoena duces tecum - Aid of probate proceeding in another state.

99

Forgang v. City of Philadelphia, et al., 78 PLJ 501 (1930), 13 PA D&C 431 (1930).

Practice, C.P. - Negligence - Sidewalks - Municipality - Owner of premises - Sci. fa. to bring in owner - Act of April 10, 1929.

Goldstein v. Marriott, 78 PLJ 472 (1930), 14 PA D&C 635 (1930-31).

Practice, C.P. - Precipe for writ - Issue by one not entitled to practice - Waiver by defendant - Effect as general appearance - Amendment of precipe.

Greene v. Brandt, 78 PLJ 732 (1930), 13 PA D&C 712 (1930).

Husband and Wife - Marriage - Minor - Consent by parent - Act of June 23, 1885 - Misrepresentation of age - Annulment.

In Re Advertisements for School Districts' Bids, 78 PLJ 583 (1930), 14 PA D&C 633 (1930-31).

School law - Bids off building work - "Public notice" - Nature and time - School Code of 1911 - Duty of school board - Publication contemporaneous with advertisement of bond issue.

In Re Christmas Clubs, 78 PLJ 23 (1930), 13 PA D&C 325 (1930). Banks and banking - Christmas clubs - Violation of Banking Acts. In Re Collection of Fines and Penalties, 78 PLJ 475 (1930), 14 PA D&C 205 (1930-31).

Department of Revenue - Functions - Collection of revenue - Fines and penalties imposed - Magistrates in Philadelphia - Constitution, art. V, sec. 13 - Courts of record - Payment into state or county treasury - Act of March 31, 1860 - Collection by state administrative agencies.

In Re Fictitious Names of Corporations, 78 PLJ 345 (1930), 13 PA D&C 524 (1930).

Corporations - Fictitious name - Corporate form - Acts of June 28, 1917, P.L. 645, and April 29, 1874, P.L. 73.

In Re Investment of Trust Funds by Trust Companies, 78 PLJ 511 (1930), 14 PA D&C 311 (1930-31).

Trust company - Investment of trust funds - Mortgage on real estate - Collateral note - Participation certificates issued by trust company.

In Re Mortgage Guarantee Companies, 78 PLJ 444 (1930), 14 PA D&C 766 (1930-31).

Mortgage guarantee company - Supervision by Department of Banking - Act of June 15, 1923, sect. 4 - Receipt of money.

In Re Power of Merged Trust Companies & Banks, 78 PLJ 171 (1930), 13 PA D&C 396 (1930). Trust companies - Banks and banking - Merger - Powers of merged companies - Continuance of trusts.

100

In Re Real Estate Brokers' Licenses, 78 PLJ 326 (1930), 13 PA D&C 439 (1930-31).

Real estate brokers - License Act of May 1, 1929 - Auctioneers - Officers of corporation - Place of business - Stenographer - Justice of the peace.

In Re Term of Notary Public, 78 PLJ 394 (1930), 13 PA D&C 736 (1930). Notaries Public - Term of Office - Computation - Reappointment. In Re Treasurers of School Districts, 78 PLJ 46 (1930), 13 PA D&C 395 (1930).

Public officers - Treasurers of school districts - Corporations - Trust companies and banks.

In Re Voting Machines, 78 PLJ 486 (1930), 14 PA D&C 207 (1930-31).

Election law -Voting machines -Approval by Secretary of Commonwealth - Revocation - Act of April 18, 1929 - Change in device - Procedure - Petition of elector - Security required.

Lehman v. Souders, 78 PLJ 249 (1930), 13 PA D&C 384 (1930). Sale - Standing crop - Delivery of possession - Notice. Loeb v. Romano¸78 PLJ 320 (1930), 14 PA D&C 53 (1930-31).

Time - Designation in legal process - Standard or "Daylight Saving" - Act of May 3, 1923 - Premature entry of judgement - Validity.

Pregrad v. Ocean Coal Co., 78 PLJ 517 (1930), 14 PA D&C 438 (1930-31).

Trespass - Adjoining landowners - Fumes and smoke - Burning "slate dump" - Negligence as basis of action - Measure of landowner's duty - Injuries incident to development of land - Damnum absque injuria.

Rubin v. Pennsylvania Securities Commission, 78 PLJ 292 (1930), 13 PA D&C 511 (1930).

Securities Commission - Registration of salesman - Petition of employer - Notice of refusal of application - Laches - Appeal - Constitutional law - Repute of applicant - Act of Act April 13, 1927.

State Mutual Benefit Society v. Jackson, et al., 78 PLJ 159 (1930), 13 PA D&C 167 (1930). Debtor's exemption - Costs - Act of April 9, 1849. Wey, et ux. v. Ben Avon School District, 78 PLJ 663 (1930), 14 PA D&C 690 (1930-31).

School law - Condemnation of land - School Code of 1911 - Acts of May 20, 1921, and April 27, 1925 - Acquisition of land for athletic field.

Wickersham v. Tubbs, et al., 78 PLJ 277 (1930), 14 PA D&C 140 (1930-31).

Bonds - Replevin - Feigned issue - Condition of forfeiture - Failure to maintain title - Voluntary nonsuit - Effect - Availability of defense - Failure to establish in feigned issue.

York County v. Fry, et al., 78 PLJ (1930), 13 PA D&C 141 (1930). Bonds - Appeal bonds - County treasurer's bond - Sureties - Affidavit of defense.

101

1931 Elevated and Subway Building & Loan Association v. Counties Real Estate and Mortgage Co., 79 PLJ 630 (1931), 15 PA D&C 539 (1931).

Building and Loan associations - Loans - Promissory note - Date of maturity - Pledge of stock as collateral - Effect of provisions of note - Maturity of stock.

In Re Unemployment Relief Fund, 79 PLJ 611 (1931),15 PA D&C 673 (1931).

Constitutional law - Charitable appropriations by legislature - Constitution, article III, section 18, - Effect on poor system - Unemployment relief - Appropriation to governmental or private agency - Political subdivision as "community."

Mehaffey v. Manufacturer's Light & Heat Co., 79 PLJ 45 (1931),15 PA D&C 275 (1931).

Ejectment - Nature of remedy - Recovery of corporeal property - Subjection to easement - Strip of land - Right to construct lines - "Right of way."

Miller v. Brink, 79 PLJ 86 (1931),14 PA D&C 292 (1930-31).

Evidence - Justice's transcript - Admissibility - Certification Authentication by oath - Action against constable - Erroneous admission in evidence - Necessity of new trial.

Musser v. Grove, 79 PLJ 639 (1931),15 PA D&C 628 (1931).

Mortgages - Foreclosure - Nature of proceeding - Compliance with statutes - Necessity parties - Mortgagor or representative - Terre tenant - Act of July 12, 1705 - Act of July 9, 1901 - Release of mortgagor - Act of April 4, 1919 - Irregularity of judgement obtained - Invalidity on face of record.

Pennsylvania Co., Trustee, v. Ash, et al., 79 PLJ 335 (1931),14 PA D&C 643 (1930-31).

Mortgages - Death of mortgagor - Sci. fa. against heirs - Act of Jan. 12, 1705 - Proceeding in rem - Necessity of judgement against heirs - Personal liability.

Shure v. Goodinate Co., Inc., 79 PLJ 16 (1931),14 PA D&C 209 (1930-31).

Judgement - Entry by confession - Sufficiency of warrant - Award under arbitration agreement - Recitals in confession of judgement - Amicable or adverse action - Necessity - Presumption of attorney's authority.

States v. Stapleton, 79 PLJ 6 (1931),14 PA D&C 177 (1930-31).

Execution - Condemnation of real estate - Inquisition - Jurors - Qualification - Freeholders - Act of May 10, 1881 - Value of property - Necessity of finding - Adequacy of return - Proof before jury - Presumption of sufficiency.

Wilson v. Hornstine, Executor, 79 PLJ 162 (1931),14 PA D&C 641 (1930-31).

Breach of promise to marry - Nature of action - Assumpsit or trespass - Period of limitations - Existing marriage of defendant - Concealment - Effect. Statute of limitations - Death of defendant - Action against personal representatives - Act of May 2, 1925 - Subsisting cause of action.

102

1932 Bailey v. Waters, Auditor General, 80 PLJ 41 (1932),16 PA D&C 160 (1932).

Courts - Salary of judge - Reduction by legislature - Constitutional law - Division of judicial district - Issuance of new commission - Applicability of general governing judges' salaries.

Commonwealth ex rel. v. Everett, et al., 80 PLJ 433 (1932),16 PA D&C 316 (1932).

Taxation - Default in payment - Imprisonment - Validity - Females - Act of May 4, 1927 - Release - Proceedings - Act of June 1, 1915 - Insolvency Act of 1836 - Power of court - Discretion in exercise - Petitioner's inability to pay - Proof - Application to municipal authorities - Costs of proceeding - Effect of discharge from custody.

Estate of Celenza, 80 PLJ 458 (1932),16 PA D&C 473 (1932).

Decedent's estates - Surviving spouse - Election to take against will - Execution by agent - Sufficiency of power of attorney - Forfeiture of rights - Desertion - Findings by auditing judge - Conclusiveness -Surcharging of account - Permitting removal of effects - Conspiracy to defraud. Practice, O.C. - Petition for review - Grounds - alleged error in translation of document - Immateriality - Reliability of testimony - Discretion auditing judge.

Gordon, Secretary of Banking, v. Winneberger, 80 PLJ 285 (1932),16 PA D&C 505 (1932).

Banks and banking - Trust companies - Exercise of banking powers - Act of May 9, 1923 - "Bank" scope of functions - Liability of stockholders - Act of May 11, 1874 - Repeal by General Banking Act of 1876 - Applicability to other banking corporations - Inconsistency of statute - Double or treble liability.

In Re Voting Machines, 80 PLJ 47 (1932),16 PA D&C 683 (1932).

Elections - Voting machines - Approval of voters - Purchase by county commissioners - Duty of Secretary of the Commonwealth upon default - Act of April 18, 1929 - Absence of funds available for purchase.

1933 Berardis' Application, 81 PLJ 280 (1933),18 PA D&C 686 (1933).

Alcoholic beverages - Licenses for sale - Application - Time of filing - License year - Interpretation of statute - Avoiding hardship or absurdity - Furtherance of apparent purpose.

103

Carver v. Hanover Township, 81 PLJ 130(1933),17 PA D&C 116 (1933). School law - Preparation of budget - Basis of tax rate - Suit to reduce levy -Abuse of board's discretion - Power to remit taxes - Error in estimate of available funds - Revision of budget by court - Elimination of positions - Reduction of salaries - Necessity of work performed - Receipt of other income - Librarians - Evasion of legal requirements - Transportation of pupils - Sinking fund for bond issue -Excessive allocation of funds - Accumulated interest - Allowance for contest of appeal from assessment.

Clark v. Stoker, 81 PLJ 126 (1933),18 PA D&C 708 (1933).

Practice, C.P. - New trial - Lack of stenographic record of first trial - Death of official stenographer - Lapse of time before disposition of motion.

Commonwealth v. Bates, 81 PLJ 141 (1933),17 PA D&C 626 (1933).

Motor vehicles - Vehicle Code of 1929 - Validity as exercise of legislative function - Constitution of 1874, Art. ii, Sec. 1 - Suspension of License - Vehicle Code, sec. 615(b)4 - Deprivation of property - Due process - Arbitrary power of secretary of revenue - Delegation of judicial function - Constitutionality.

Commonwealth v. Briscoe, 81 PLJ 164 (1933),18 PA D&C 615 (1933).

Criminal procedure - Destitute defendant - Assignment of counsel - Allowance of necessity of expenses - Physical or mental examination of defendant - Procedure - Representation of both parties.

Commonwealth v. Kormuth, 81 PLJ 375 (1933),19 PA D&C 590 (1933-34).

Criminal procedure - Cash bail - Deposit by surety - Right to return - Deduction of fine and costs - Acts of April 7, 1921, and May 12, 1921.

Commonwealth v. Purple Lines Co., 81 PLJ 367 (1933),18 PA D&C 504 (1933).

Motor vehicle - Foreign vehicles - Necessity of Pennsylvania license - Act of August 15, 1932 - Validity - Inclusion in subjects enumerated in proclamation - Constitution, art iii, sec. 25 - Interpretation as revenue measure - Unconstitutionality - Interference with interstate commerce.

Commonwealth v. Schmitt, 81 PLJ 53 (1933),19 PA D&C 53 (1933-34).

Motor vehicles - Suspension of operator's license - Vehicle Code of 1929, sec. 615(b) - Grounds - Sufficiency - Operation of car involved in fatal accident - Culpability of driver - Adequacy of inquiry by Secretary of Revenue - Reversal by action of court.

Di Lallo, et al. v. Corea, et al., 81 PLJ 119 (1933),19 PA D&C 282 (1933-34).

Banks and banking - Joint deposit - Right of survivorship - Murder of one codepositor by other - Intestate Act, sec. 23 - Wills Act, sec. 22 - Applicability.

Estate of Cassone, 81 PLJ 181 (1933), 19 PA D&C 272 (1933-34).

Courts - Jurisdiction - Orphans' Court - Life insurance trust - Audit of trustee's account - Act of June 26, 1931 - Residence of settlor or trustee.

Farmers & Merchants Trust Co. v. Brumback, 81 PLJ 427 (1933), 18 PA D&C 656 (1933).

Execution - Sheriff's sale of realty - Poundage - Payment by receipt of lien creditor - Act of July 11, 1901 - Interpretation.

104

Federal Land Bank of Baltimore v. Feague, et ux., 81 PLJ 323 (1933), 18 PA D&C 239 (1933).

Judgements - Lien - Judgement against husband and wife - Property in name of husband - Distribution of proceeds of sheriff's sale - Priority.

Frazier, et al. v. Aronsberg-Freed Co., 81 PLJ 317 (1933), 19 PA D&C 710 (1933-34).

Master and servant - Restriction on employment by contract - Public building - Control of subcontractor's employee by general contractor - Wage scale - Establishment by Act of Congress - Controversy as to prevailing wage - Jurisdiction of State Court.

G.F. Higgins Co.v. Hermes, 81 PLJ 80 (1933), 18 PA D&C 593 (1933).

Magistrates - Alderman - Substitution on account of illness - Jurisdiction of substituting alderman - Invalidity of judgement - Estoppel by attendance at hearing.

Gordon v. City Banking Co., 81 PLJ 55 (1933), 18 PA D&C 528 (1933).

Banks and banking - Insolvency - Unincorporated banking association - Possession by Secretary of Banking - Release of shareholders' liability - Impracticability of enforcement - Delay in liquidation of bank.

Gordy v. Buscillo, et al., 81 PLJ 395 (1933), 18 PA D&C 224 (1933).

Execution - Attachment - Exemption - Wages - Form of payment - Act of June 16, 1836 - Interest in annuity policy - Deposit by employee as cash surrender value - Act of June 28, 1923 - Service of writ - Effect on contractual relations - Security - Liability to attachment.

Heckard v. Heckard, 81 PLJ 239 (1933), 19 PA D&C 118 (1933-34).

Husband and wife - Marriage - Annulment - Grounds - Bigamy - Divorce Law of 1929, sec. 12 - Validity - Effect of subsequent common law marriage.

In Re Abatement of School Taxes, 81 PLJ 540 (1933), 19 PA D&C 694 (1933-34).

Taxation - Penalty for delinquency - Abatement - Acts of August 26, 1932, and May 1, 1933 - Extent of power - Limitation to 3-month period - Right to extend - Revival of penalties on taxes not paid during abatement.

In Re Additional Services by School Directors, 81 PLJ 16 (1933), 18 PA D&C 477 (1933).

School law - Employment of director by school district - Payment of additional compensation - School Code of 1911, Secs. 226 and 2804.

In Re Banks Operating on a Restricted Basis, 81 PLJ 492 (1933),19 PA D&C 270 (1933-34).

Banks and banking - Insolvency - Institution operating on restricted basis - Act of March 8, 1933 - Payment of "new deposits" - Set-off - Application against old deposit - Depositor's liability as stockholder - Attachments - Checks of new depositor - Rediscount of notes by institution.

In Re Beneficial Societies' Issuance of Insurance, 81 PLJ 525 (1933), 19 PA D&C 602 (1933-34).

105

Beneficial societies - Powers - Issuance of beneficial certificates - Acts of May 20, 1921, and April 26, 1929 - Organization before or after May 20, 1921 - Form of policy - Approval by Insurance Department - Necessity before issuance.

In Re Custody of Ballot Boxes, 81 PLJ 83 (1933),19 PA D&C 183 (1933-34).

Elections - Ballet boxes - Appointment of sheriff as custodian - Act of May 29, 1931 - Employment of special deputies - Authorization by court or salary board - Necessity - Payment of salaries - Act of April 9, 1915.

In Re Exoneration of School Taxes, 81 PLJ (1933), 18 PA D&C (1933).

Taxation - Exoneration of taxpayer - Mistake - Unseated lands - Indigency - School Code of 1911, secs. 530, 545, 559 - Validity - Constitution, art. ix, secs. 1 and 2.

In Re Farm Products, 81 PLJ 233 (1933), 18 PA D&C 576 (1933).

Municipal corporations - Ordinances - Validity - Licensing of farmer selling own produce - Requirement of license fee - Regulation of delivery.

In Re Foreign Corporations, 81 PLJ 521 (1933), 19 PA D&C 704 (1933-34).

Corporations - Foreign business corporation - Domestication - Act of June 9, 1881 - Effect of Business Corporation Law of 1933 - Organization of domestic corporation.

In Re Home Owners' Bonds, 81 PLJ 347 (1933), 18 PA D&C 602 (1933).

Banks and banking - Investments - Home Owners' Loan Corporation bonds - Banking Code of 1933 - Banks operating on restricted basis - Act of March 8, 1933 - Acceptance of bonds in exchange for mortgage - Avoidance of loss - Investment of trust funds - Secretary of Banking in possession - Extent of powers.

In Re Restriction on Bank Deposit Withdrawals, 81 PLJ 193 (1933),18 PA D&C 12 (1933).

Banks and banking - Restriction on withdrawl - Act of March 8, 1933 - Authorization by Secretary - Control over conduct of business - Prohibition of further loans - New Deposits - Separation from other assets - Repayment by secretary of banking in possession.

In Re Tax on Bank Deposits, 81 PLJ 344 (1933),19 PA D&C 187 (1933-34).

Taxation - Corporate loans tax - Interest-bearing bank deposits - Act of June 17, 1913, sec. 17 - Amendment of July 15, 1919.

Lewis v. James, 81 PLJ 207 (1933), 19 PA D&C 16 (1933-34).

Process - Service - Action against nonresident - Automobile accident - Act of May 14, 1929 - Registered mail return receipt - Inclusion in sheriff's return - Necessity to jurisdiction.

Stewart, et al. v. Presto Manufacturing Co., 81 PLJ 25 (1933), 19 PA D&C 174 (1933-34).

Insolvency - Sale of goods on leased premises - Priorities - Rent claim - Administration expenses - Act of July 17, 1919 - Payment tot landlord - Deduction of cost of distraint.

Stromeyer v. Topping. 81 PLJ 340 (1933), 19 PA D&C 658 (1933-34).

New trial - Weight of evidence - Testimony involving foreign law - Surprise - Failure to raise issue in pleadings.

106

Wertheimer v. Morris Haber Building & Loan Association, 81 PLJ 401 (1933), 18 PA D&C 683 (1933). Zatkovich v. Greek Catholic Union, 81 PLJ 240 (1933), 18 PA D&C 724 (1933).

Beneficial associations - By laws - Interpretation - Compilation of by laws by legal advisor - Presentation to "Supreme Assembly" - Reference to present incumbent - Expiration of term before session of Supreme Assembly. Judgements - Declaratory judgements - Availability of remedy - Interpretation of bylaws of association.

1934 Allman, et al. v. Rexer, 82 PLJ 367 (1934), 21 PA D&C 431 (1934).

Nuisances - Use of real estate - Raising bees - Liability for trespass - Property damage to neighbors - Nuisance per se - Negligence - Proximity to public place - Vicious nature of bees - Notice to owner - Identification as defendant's property.

Appeal of Atwood Hotel, 82 PLJ 222 (1934), 21 PA D&C 345 (1934).

Alcoholic beverages - Retail license - Refusal by Liquor Control Board - Appeal - Functions of Court - Reputation of applicant and place of business - Liquor Control Act of 1933, sec. 2 - Arrest of former proprietor - Issuance of malt liquor license - Relevancy.

Appeal of Baldwin (#1), 82 PLJ 67 (1934), 19 PA D&C 400 (1933-34).

Taxation - Third class cities - Assessment - Reduction - Third Class City Law, sec. 2506(d) - General depreciation in real estate.

Appeal of Baldwin (#2), 82 PLJ 70 (1934), 19 PA D&C 403 (1933-34).

Taxation - Third class cities - Assessment - Additions subsequent to triennial assessment - Appeal - Limitations - Notice of adverse decision - Third Class City Law, Sec. 2531.

Appeal of Shindor, 82 PLJ 73 (1934), 19 PA D&C 596 (1934).

Intoxicating liquor - License for retail sale - Issuance by Liquor Control Board - Discretion to refuse - Person recently convicted of violation of liquor laws - Appeal to quarter sessions - Extent of power - Control of board's discretion.

Brodt, et ux. v. Price, 82 PLJ 147 (1934), 19 PA D&C 574 (1934).

Constitutional law - Impairment of obligation of contract - Const., art. I, sec. 10 - Stay of execution - Waiver by contract - Public Policy - Act of May 18, 1933 - Emergency legislation.

Burrell v. Bolling, 82 PLJ 342 (1934), 20 PA D&C 209 (1934).

Practice, C.P. - Costs - Taxation - Affidavit to bill - Presumption of verity - Party subpoenaing own witness - Allowance of fees - Service of subpoena on witness in another State - Presumption of Service at State line.

107

Commonwealth v. Charlton, 82 PLJ 392 (1934), 21 PA D&C 301 (1934). Criminal procedure - Summary conviction - Right to appeal -Necessity for allowance - Amount of fine - Const., art. v, sec. 14 - Act of April 17, 1876 - Effect on existing legislation - Act of March 29, 1869 - Cruelty to animals.

Commonwealth v. Kittell, 82 PLJ 4 (1934), 19 PA D&C 509 (1933-34).

Criminal law - Intoxicating liquor - Act of March 27, 1923 - Repeal - Effect on pending prosecution - Absence of saving clause or reenactment of provisions - Entry of nol. pros.

Commonwealth v. McKendry, 82 PLJ 540 (1934), 21 PA D&C 383 (1934).

Boroughs - Ordinances - Licensing of salesmen - Validity as police regulation - Discriminatory enforcement - Administration as trade regulation in favor of local merchants.

Commonwealth v. Ward, 82 PLJ 181 (1934), 21 PA D&C 392 (1934).

Magistrates - Summary conviction - Sufficiency of record - Findings of fact - Unlawful possession of registered milk bottles - Act of June 15, 1911 - Constitutionality - Sufficiency of title.

Gangewer's Disbarment, 82 PLJ 107 (1934), 19 PA D&C 698 (1933-34).

Attorneys - Disbarment - Embezzlement - Act of April 14, 1834, sec. 74 - Mandatory nature - Power of court to grant clemency.

Gordon, Secretary of Banking v. Shilcock, et al., 82 PLJ 548 (1934), 21 PA D&C 395 (1934).

Mortgages - Foreclosure - Deficiency judgement - Determination of "fair value" - Act of January 17, 1934 - Nature of property - Partial subdivision - Necessity for further expenditures for development and sale - Defendants in judgement - Terre-tenant - Mortgagor.

In Re Butler Liquor Protest, 82 PLJ 6 (1934), 20 PA D&C 437 (1934).

Alcoholic beverages - State liquor store - Location - Proximity to church and residences - Act of November 289, 1933 - Availability of better location - Regulations governing conduct of business.

In Re Liquor Fines & Penalties, 82 PLJ 410 (1934), 21 PA D&C 495 (1934).

Alcoholic beverages - Liquor Control Act of 1933 - Fines and penalties - Disposition - Payment into State Treasury - Functions of Liquor Control Board.

In Re Mortgage Pools, 82 PLJ 276 (1934), 21 PA D&C 199 (1934).

Banks and banking - Mortgage Pools - Prohibition by Banking Code of 1933 - Continuation of old pool - Maintenance for trust estates - Issuance of participation certificates in single mortgage - Sale and assignment of mortgage - Guaranty of certificate mortgages.

In Re State Liquor Store Employees, 82 PLJ 149 (1934), 20 PA D&C 595 (1934).

Alcoholic beverages - State liquor stores - Qualifications of employees - "Qualified electors" - Necessity for registration - Liquor Control Act of 1933, sec. 302.

108

In Re Sunday Concerts, 82 PLJ 98 (1934), 20 PA D&C 451 (1934). Public entertainment's - Sunday concerts - Admission charge - Application of proceeds to charitable purpose - Necessity for permit from Department of Public Instruction - Act of June 2, 1933.

In Re Teachers' Salaries, 82 PLJ 124 (1934), 20 PA D&C 607 (1934).

Schools - Salaries of teachers - Annual increments - School Code of 1911, sec. 1210 - Cancellation of contract - Immediate reemployment - Effect on right to increase.

Kassow v. Integrity Trust Co., 82 PLJ 205 (1934), 19 PA D&C 159 (1934).

Banks and banking - Adverse claim to deposit - Effect of notice - Banking Code of 1933, sec. 905 - Status of prior notice - Claimant's failure to comply with statutory requirements.

Market Street National Bank, et al. Executors, v. Huff, et al., 82 PLJ 422 (1934), 21 PA D&C 157 (1934).

Mortgages - Foreclosure - Deficiency judgement - Determination of fair value of property by court - Act of January 17, 1934 - Uncontradicted evidence by mortgagee - Valuation of amount less than prior lien.

1935 Addleman v. Addleman, 83 PLJ 579 (1935), 24 PA D&C 565 (1935-36).

Divorce - Pleading - Alleging two grounds in single paragraph - Executed separation agreement - Sufficiency of averment of reconciliation -Forfeiture of alimony - Sufficiency of affidavit.

Altemose, Sheriff, v. Woolbaugh, et al., 83 PLJ 514 (1935), 23 PA D&C 148 (1935).

Counties -Action for sheriff's fees - Parties defendant - County - County Commissioners - Amendment - Effect - Jurisdiction - Justices of the peace.

Bear v. Hallgren, 83 PLJ 401 (1935), 22 PA D&C 682 (1935).

Practice, C.P. - Entry of judgement n.o.v. - Failure to pay costs - Institution of second suit on same cause of action - Staying proceedings - Act of August 2, 1842, sec. 12.

Boteler v. Catanzaro, 83 PLJ 285 (1935), 23 PA D&C 186 (1935).

Contracts - Construction - Execution of promissory note by alleged bankrupt - Promise of payee to secure consent of "90 percent" of creditors to extension - Percentage in number of indebtedness.

Britton, et al. v. Sappie, et al., 83 PLJ 248 (1935), 23 PA D&C 306 (1935). Practice, C.P. - Continuance - Surprise - Amendment at trial - Addition of item of damage.

109

Commonwealth ex rel. v. Ashe, Warden, 83 PLJ 126 (1935), 22 PA D&C 715 (1935).

Criminal procedure - Habeas corpus - Legality of sentence - Maximum and minimum limits - Jurisdiction - Court other than one imposing sentence - Questions open for consideration.

Commonwealth v. Fohl, 83 PLJ 677 (1935), 24 PA D&C 687 (1935-36).

Motor vehicles - Criminal offenses - Unlawful parking - Designation of "no parking" areas by Secretary of Highways - Business or residence districts - Lawfulness of delegation - Vehicle Code of 1929, sec. 1019(a).

Commonwealth v. Frazier, 83 PLJ 471 (1935), 24 PA D&C 362 (1935-36).

Motor vehicles - Operator's license - Suspension - Failure to prove financial responsibility - Uniform Liability Security Act of May 15, 1933 - Right of appeal.

Commonwealth ex rel. v. Harris, 83 PLJ 171 (1935), 23 PA D&C 254 (1935).

Municipal corporations - Ordinances - Validity - Construction - Prohibition of "loitering" - Applicability to picketing.

Commonwealth v. Kincaid, 83 PLJ 53 (1935), 22 PA D&C 672 (1935).

Criminal procedure - Parole - Jurisdiction to grant - Conviction of robbery - Commitment to penitentiary or county prison - Act of June 19, 1911.

Commonwealth v. Morris, 83 PLJ 117 (1935), 22 PA D&C 111 (1935).

Evidence - Physical examination of party - Blood tests - Power of court to compel submission - Refusal to permit trial - Civil action - Criminal prosecution - Public policy.

Commonwealth v. Roberts, 83 PLJ 318 (1935), 23 PA D&C 446 (1935).

Statutes - Constitutionality - Sufficiency of title - General statement of purpose - subsequent qualifying language - Liquor Control Act, sec. 602(b) - Unlawful possession.

Commonwealth ex rel. v. Visocki, 83 PLJ 113 (1935), 23 PA D&C 103 (1935). Parent and child - Desertion and nonsupport - Paternity of child - Evidence - Blood tests. Derhamer v. Derhamer, 83 PLJ 128 (1935), 22 PA D&C 673 (1935).

Divorce - Ground - Cruelty and indignities - Sufficiency of evidence - Deliberate course of humiliation - Neglect to secure medical attention for child.

Duggan's Account, 83 PLJ 237 (1935), 22 PA D&C 681 (1935).

Guardians - Investment - Surcharge - Nonlegal securities - Acquisition in exchange for stock of ward - Legality of underlying security - Charge against succeeding guardian - Counsel for guardian - Fees - Amount - Filing of exceptions to account.

Elder, et al., Commissioners, v. McCaslin, City Commissioner, et al., 83 PLJ 571 (1935), 23 PA D&C 558 (1935).

Taxation - Penalties and Interest - Remission - Act of June 22, 1935 - Constitutionality - Uniformity - Constitution, article ix, sec. 1 - Diminishment of collector's salary - Constitution, article iii, sec. 13 - Act of May 6, 1854.

Estate of Spracale, 83 PLJ 293 (1935), 24 PA D&C 304 (1935-36). Husband and Wife - Estate by entireties - Creation - Bank account in fictitious name.

110

Fine v. Wholesale Cleaners & Dyers Association, 83 PLJ 505 (1935), 24 PA D&C 281 (1935-36).

Evidence - Sufficiency - Suit for destruction of business - Causation by defendants - Refusal of cleaner to join association - Threats - Theft of customer's articles - Right of proprietor to sue for value thereof - Proof of value - Testimony of owners - Admissibility.

Gaynor v. Force Building & Loan Association, 83 PLJ 103 (1935), 22 PA D&C 328 (1935).

Building and loan associations - Withdrawing stockholder - Subsequent merger - Right to withdrawal value of shares - Insolvency of association - Deduction of unpaid dues and penalties.

In Re Appointment of Judge of Elections, 83 PLJ 250 (1935), 24 PA D&C 365 (1935-36).

Elections - Judge of election - Vacancy in office - Determination of political party entitled to appointee - Majority of votes cast at last general election - Act of May 16, 1921, sec. 1.

In Re Charter for Club, 83 PLJ 70 (1935), 22 PA D&C 669 (1935).

Nonprofit corporations - Social and athletic club - Application for charter - Refusal - Grounds - Unsuitability of location - Immaturity of officers - Inadequacy of dues - Failure to establish standards of membership.

In Re Sales of Liquor to Soldiers, 83 PLJ 372 (1935), 24 PA D&C 263 (1935-36).

Alcoholic beverages - Sales to members of National Guard - Prohibition of sales to Federal soldiers - Act of Congress of February 2, 1901, and May 18, 1917 - State Act of April 12, 1875 - Application to licensees of Pennsylvania Liquor Control Board - Right of commanding officer to prohibit sales at National Guard encampments - Act of June 22, 1917 - Regulations of Pennsylvania Liquor Control Board.

In Re Summary Convictions, 83 PLJ 322 (1935), 23 PA D&C 679 (1935).

Magistrates - Summary conviction - Review - Certiorari - Appeal - Necessity for special allowance - Constitution, art. v, sec. 14 - Fish Law of May 2, 1925, sec. 278 - Right to waive hearing and enter bail for appeal.

In Re Supreme Court Vacancies, 83 PLJ 407 (1935), 24 PA D&C 338 (1935-36).

Courts - Supreme Court - Vacancy in membership - Nomination of appointee by Governor - Filling vacancy at election - General or municipal election - Constitution, art. iv, sec. 8, as amended, art. v. sec. 25, and art. vii, secs. 2 and 3, as amended.

In Re Tax Refunds, 83 PLJ 95 (1935), 22 PA D&C 386 (1935).

Taxation - Refunds by Board of Finance and Revenue - Refusal of application - Petition for review - Limitations - Procedure - Lack of funds for payment - Postponement of hearing - Credit on claimant's account.

Lebar, et al. v. Patterson, 83 PLJ 303 (1935), 22 PA D&C 495 (1935).

Judgement - Lien against real estate - Revival against terre-tenants and alienees alone - Right to subsequent revival against judgement debtor - Assumption of judgement by grantee - Conclusiveness on judgement creditor - Acceptance of substitution - Revival of judgement against grantees as defendants.

111

Macaluso v. Moore, 83 PLJ 517 (1935), 24 PA D&C 483 (1935-36). Judgements - Res judicata - Sci. fa. to revive lien of judgement - Verdict for terre-tenants - Subsequent revival against same parties - Proof of matters determined in first action.

Merkel, et ux, v. Ruth, 83 PLJ 340 (1935), 22 PA D&C 663 (1935).

Practice, C.P. - Sci. fa. to join additional defendant - Issuance of writ - Limitations - Reasonable time - 9 months - Failure to justify delay - Act of April 10, 1929, as amended by the Act of May 18, 1933.

Musmanno v. Lawrence, Secretary of the Commonwealth, 83 PLJ 459 (1935), 24 PA D&C 93 (1935-36).

Elections - Supreme Court justices - Selection of two justices at same time - Right of political party to nominate more than one candidate - Constitution, article v, sec. 16 - Acts of July 12, 1913, May 10, 1921, and June 22, 1931 - Contemporary interpretation.

Narzisi v. Meyer Dairy Corp., 83 PLJ 120 (1935), 22 PA D&C 258 (1935).

Practice, C.P. - Physical examination of plaintiff - Discretionary power of court - Number of examinations - Selection of physicians - Objection by plaintiff.

New York Life Insurance Co. v. Guaranty Corp., 83 PLJ 309 (1935), 22 PA D&C 407 (1935).

Mortgages - Foreclosure - Petition for deficiency judgement - Notice of presentation of petition - Notice before sale - Failure to give effective notice - Right to jury trial - Act of January 17, 1934.

Panagulias v. Sappas, 83 PLJ 342 (1935), 24 PA D&C 216 (1935-36).

Execution - Stay - Entry of special bail - Act of June 16, 1836, secs. 3 and 4 - Act of April 3, 1873 - Limitations - Expiration of year from return day of writ.

Pustel's Petition, 83 PLJ 637 (1935), 24 PA D&C 346 (1935-36).

Elections - Primary elections - restriction on printing of candidate's name to ballots of one party - right of voters of other parties to insert name with stickers - Act of July 12, 1913, secs. 5,6, and 8 - Party Raiding Act of June 14, 1935.

School District v. Hahne, 83 PLJ 56 (1935), 22 PA D&C 693 (1935).

Practice - Discontinuance - Entry without leave of court - Striking off - Assumpsit against tax collector - Discharge of rule for judgement for want of sufficient affidavit of defense - Discontinuance - Appeal from auditor's report - Deprivation of right to trial by jury.

Toram v. Maynes, et al., 83 PLJ 181 (1935), 22 PA D&C 216 (1935).

Mortgages - Foreclosure - Sale by sheriff - Validity of purchaser's title - Attack in suit to recover possession - Execution on bond before foreclosure - Restriction of execution - Petition under Judgement Deficiency Act of 1934 - Action by mortgagor or Mortgagee.

Trees, et al. v. Glenn, 83 PLJ 141 (1935), 23 PA D&C 78 (1935).

Judgement - Res judicata - Identity of issues involved - Questions which might have been but were not raised Bill for accounting for proceeds of corporate assets - Subsequent bill relating to particular asset - Enjoining second action - Laches - Vexatious litigation.

112

Varian, et al. v. Valley Forge Cement Co., et al., 83 PLJ 268 (1935), 22 PA D&C 298 (1935).

Appeal and error - Assignments of error - Statement of evidence to be printed - Order of filing - Omission of evidence - Propriety - Availability to support trial courts decision.

Wildermuth v. Philadelphia & Reading Railway Co., 83 PLJ 252 (1935), 22 PA D&C 374 (1935).

Practice, C.P. - Non pros - Notice to plaintiff - Petition for rule - Entry of judgement - Act of February 21, 1767, sec. 1 - Treatment of petition for nonsuit as request for non pros - Grounds - Failure to bring case to trial.

York Trust Co., Guardian, v. Blum, 83 PLJ 169 (1935), 22 PA D&C 313 (1935).

Parent and child - Suit by minor against parent for personal tort - Right to sue parent's estate - Fiduciaries Act of 1917, sec. 35(b).

1936 Commonwealth v. Harned, 84 PLJ 509 (1936), 25 PA D&C 578 (1936).

Magistrates - Prosecution for violations of The Vehicle Code - Entry of bail without hearing - Effect - Regularity of proceedings - Sufficiency of information.

Commonwealth ex rel. v. Harris, 84 PLJ 402 (1936), 27 PA D&C 466 (1936-37).

Marriage - Common-law marriage - Performance of ceremony while one party is married - Continuance of marriage relationship after obtaining divorce.

Commonwealth v. Ryan, et. al.. 84 PLJ 545 (1936), 26 PA D&C 261 (1936).

Crimes - Furnishing cigarettes on relief order - Evidence of investigator - Necessity for corroboration - Validity of order - Imposition of penalties - Corporate owner of store - Employees - Act of May 3, 1933, sec. 2.

Commonwealth v. Weitzman, 84 PLJ 404 (1936), 25 PA D&C 469 (1936). Courts - Contempt of court - Misbehavior of jurors - Determining verdict by lot. Cummings v. Whitney, 84 PLJ 539 (1936), 27 PA D&C 343 (1936-37).

Beneficial associations - Amendment of bylaws - Validity - Provisions for amendment in certificate - Impairing vested rights - Unaccrued benefits - Extension of probationary period - Reasonableness.

Dayton v. Seafern, 84 PLJ 159 (1936), 26 PA D&C 445 (1936).

Alienation of affections - Parties liable therefor - Act of June 2, 1935 - Apparent absurdity - Right of court to correct error in typing or printing.

Felix v. Kane, et al., 84 PLJ 213 (1936), 27 PA D&C 38 (1936-37).

Elections - Voting machines - Mechanical defect - Ability to vote for more delegates than permitted - Enjoining use of machines - Inability to provide other means for voting.

113

Houck v. Houck, 84 PLJ 497 (1936), 25 PA D&C 701 (1936). Execution - Sheriff's sale - Purchase by real owner - Right to give receipt for balance coming to him - Applicability of Act of April 20, 1846.

Howells v. Howells, 84 PLJ 170 (1936), 26 PA D&C 423 (1936).

Judgements - Revival - Issuance of sci. fa. - attack on original judgement - Procedure - Affidavit of defense to sci. fa. - Petition to open original judgement.

In Re Liquor Licenses, 84 PLJ 646 (1936), 27 PA D&C 1 (1936-37).

Alcoholic beverages - Retail liquor license - Place of amusement - Restaurant on same premises - Means of communication - Incidental entertainment - Act of July 9, 1881, sec. 1.

In Re Liquor Store Profits, 84 PLJ 524 (1936), 27 PA D&C 169 (1936-37).

State government - Tax anticipation notes - Pledge of current revenues - Excess profits from State liquor store system - Acts of June 22, 1935, and July 18, 1935.

In Re Marriage Licenses, 84 PLJ 717 (1936), 27 PA D&C 164 (1936-37).

Marriage - Issuance of license - Three-day period - Act of May 7, 1935 - Computation - Sundays and holidays - Act of June 20, 1883.

In Re Personal Property Taxes on Trust Estates, 84 PLJ 173 (1936), 25 PA D&C 565 (1936).

Taxation - State personal property tax - Subject of taxation - Property held by resident trustee for nonresident beneficiaries of nonresidnets - Act of June 22, 1935, sec. 3 - Materiality of date on which property is received by trustee.

In Re School Athletics, 84 PLJ 700 (1936), 27 PA D&C 325 (1936-37).

Schools - Physical education program - Authority of board - Lease of athletic fields - Purchase of athletic equipment - Transportation from school to fields.

In Re Taking of Bail by Justices of the Peace, 84 PLJ 672 (1936), 27 PA D&C 462 (1936-37).

Criminal procedure - Arrest in county other than that in which offense was committed - Right to enter bail before justice of the peace in county of arrest - Act of March 31, 1860, sec. 3, as amended - Waiver of right.

In Re Tax Penalty Abatements, 84 PLJ 654 (1936), 27 PA D&C 455 (1936-37).

Taxation - Abatement of penalties and interest on delinquent taxes - Act of June 4, 1936 - Legislative intent - Methods of obtaining benefits of act - Necessity for paying 1936 taxes - Constitutionality.

In Re Trust Investments, 84 PLJ 437 (1936), 26 PA D&C 651 (1936). Constitutional law - Unconstitutional statute - Amendment to Constitution - Validation. Ireland v. Pennsylvania Indemnity Corp., 84 PLJ 240 (1936), 26 PA D&C 512 (1936).

Insurance - Automobile public liability policy - Coverage of claims against persons "legally operating" automobile - Interpretation in light of specific exceptions - Unlicensed operator - Disclaimer of liability by insurer - Liability for counsel fees.

114

Lansinger v. Lansinger, et al., 84 PLJ 511 (1936), 26 PA D&C 701 (1936). Divorce - Procedure to determine validity - Declaratory judgement - Uniform Declaratory Judgements Act of 1923, as amended.

Malaga v. Holmes, 84 PLJ 482 (1936), 26 PA D&C 647 (1936). Limitations - Tolling of statute - issuance of writ - failure to deposit costs with sheriff. Milk Products Corp. v. Pennsylvania Milk Control Board, 84 PLJ 554 (1936), 26 PA D&C 489 (1936).

Pleading - Appeal from Milk Control Board - Sufficiency of petition - Milk Control board Law of 1935, sec. 14© - Allegations of fact - Propriety - Declaratory judgement.

Myers v. United Utility Workers, 84 PLJ 389 (1936), 26 PA D&C 502 (1936).

Trade associations - Authority of officers - Necessity of proof thereof - Employment contract - Workmen's compensation.

Provident Trust Co. v. Hofstetter, et al., 84 PLJ 282 (1936), 27 PA D&C 55 (1936-37).

Mortgages - Foreclosure - Death of Mortgagor - Service of writ - Single return of nihil habet - Acts of July 9, 1901, April 23, 1903, and April 24, 1931 - Deficiency judgement proceedings - Necessary parties.

Rakus v. Vallish, et al., 84 PLJ 527 (1936), 25 PA D&C 457 (1936).

Costs - Joint defendants - Entry of judgement by default against one - Subsequent entry of judgement against others - liability of costs of entering judgement by default and of execution thereunder.

Realty Co. v. Port Vue Borough, 84 PLJ 441 (1936), 26 PA D&C 677 (1936).

Municipal corporations - Municipal bond issue - default in interest and sinking fund installments - Foreclosure - Extent of bondholder's participation - Absence of acceleration clause.

Union National Bank v. Saylor, 84 PLJ 506 (1936), 26 PA D&C 204 (1936).

Sheriff's - Fees - Stay of execution - Sale of judgement - Continuance of lien - Act of June 1, 1933, sec. 1(e).

1937

Anderson v. Hamilton, Sheriff, 85 PLJ 235 (1937), 27 PA D&C 521 (1937).

Taxation - Documentary stamp tax - Sheriff's deed - Determination of value - Purchase at foreclosure sale by execution plaintiff.

Appeal of Reamer, et al., 85 PLJ 321 (1937), 29 PA D&C 577 (1937).

Taxation - Amusement tax - Act of June 22, 1935 - Applicability to billiards and bowling - Strict construction - Legislative intent.

115

Bailey, et al. v. City of New Castle, 85 PLJ 577 (1937), 30 PA D&C 179 (1937-38).

Negligence - Municipalities - Defective sidewalk - Action against municipality - Sci. fa. to join real owners as additional defendants - failure to serve all - Right to proceed to judgement against those served - Act of April 6, 1830, sec. 1 - failure of writ to disclose ground of alleged liability - Motion to strike off - Motion for more specific writ.

Butler, Assignee, v. Cornelius, et al, 85 PLJ 362 (1937), 28 PA D&C 162 (1937).

Husband and wife - Tenancy by entireties - Judgement of one tenant against other - Lien on property held by entireties.

Commonwealth v. Bostigal, 85 PLJ 255 (1937), 29 PA D&C 349 (1937).

Crimes - disorderly conduct - sufficiency of information - Necessity for charging willfulness - Act of May 21, 1901, as amended by Act of May 19, 1913.

Commonwealth v. Joseph, 85 PLJ 529 (1937), 30 PA D&C 98 (1937-38).

Criminal law - Misbranding - "Bacon" - Neck or jowl of hog - Sale under distinctive trade label - approval by Federal authority - Act of may 13, 1909.

Commonwealth v. Lickstein, 85 PLJ 294 (1937), 28 PA D&C 132 (1937).

Husband and wife - Support order - Jurisdiction of Municipal Court - Absence of husband from Commonwealth - Act of April 13, 1867.

Commonwealth ex rel. v. Smith, 85 PLJ 145 (1937), 29 PA D&C 123 (1937).

Husband and wife - Support order - Jurisdiction - Instituting proceedings in one county - Subsequent reconciliation - Change in residence - Instituting proceedings in other county.

Edmunds v. Jordan, 85 PLJ 643 (1937), 30 PA D&C 114 (1937-38). Attorneys - Fees - Amount - Mortgage foreclosure - Ten percent commission provided for In bond.

Estate of Galliford, 85 PLJ 30 (1937), 28 PA D&C 606 (1937).

Partition - Procedure - Orphans' Court Partition Act of June 7, 1917 - Inquest - Conclusiveness of return - Refusal or acceptance of purparts - Province of Court - Amendment of return.

Estate of Polke, 85 PLJ 641 (1937), 30 PA D&C 521 (1937-38).

Wills - Appeal from probate - necessity for filing bond - register of Wills Act of June 7, 1917, sec. 20(a) - Jurisdiction of court to dispense with requirements - Constitutionality - Constitution of Pennsylvania, art. I, sec. 9 - Fourteenth Amendment to Federal Constitution.

In Re Motor Vehicle Inspections, 85 PLJ 735 (1937), 30 PA D&C 86 (1937-38).

Motor vehicles - Inspection - Periods therefor - Necessity for inspection during previous Inspection period - Vehicle Code of May 1, 1929, sec. 823(h), as amended by Act of June 29, 1937.

116

In Re Nomination Petitions, 85 PLJ 582 (1937), 30 PA D&C 15 (1937-38). Elections - nomination petitions - Signers - Qualifications - registration Law of 1937 - election Code of 1937.

In Re Nomination of Associate Judges, 85 PLJ 588 (1937), 29 PA D&C 715 (1937).

Elections - Right to run as candidate of more than one party - Judges - Lay associate judges - Pennsylvania Election code of 1937.

In Re Tax Notes, 85 PLJ 538 (1937), 30 PA D&C 44 (1937-38).

Trusts - Investment of trust funds - Tax anticipation notes, series CT - Act of May 20, 1937 - Act of July 2, 1935.

In Re Teachers' Contracts, 85 PLJ 343 (1937), 29 PA D&C 456 (1937).

Schools - Termination of teachers' contracts - Act of April 6, 1937, sec. 6 - effect on notices of dismissal which had not become effective at time of enactment - Construction in light of legislative purpose.

In Re Turnpike Revenue bonds, 85 PLJ 757 (1937), 30 PA D&C 261 (1937-38).

State government - "Debt" of Commonwealth - Constitution, article ix, sec. 4 - Turnpike revenue bonds - Act of may 21, 1937.

In Re Unemployment Taxes on Banks, 85 PLJ 556 (1937), 29 PA D&C 694 (1937).

Unemployment compensation - Act of December 5, 1936, as amended - exemptions - federal instrumentalities - state banks and bank trust companies - membership in federal Reserve System.

Meyers v. Metropolitan Life Insurance Co., 85 PLJ 19 (1937), 29 PA D&C 16 (1937).

Insurance - Total and permanent disability benefits - Total and apparently permanent disability - Rights to benefits - Recovery.

Moss v. Blue Ridge Transportation Co., et al., 85 PLJ 657 (1937), 30 PA D&C 154 (1937-38).

Negligence - Contributory negligence - Fall from raised platform for toilets - Familiarity with room - Lighting.

Pritchard's Petition, 85 PLJ 676 (1937), 30 PA D&C 367 (1937-38).

Public officers - Sheriffs - Custody of jail - Allowance for maintaining and supporting prisoners - Act of June 1, 1933 - Allowance on per diem basis - Retroactive order - Amount of allowance - Distinction between duties of sheriffs and county commissioners - Permanent improvement and equipment for jail - The General County Law of May 2, 1929, secs. 23 and 552.

Sloan v. Hirsch, 85 PLJ 183 (1937), 30 PA D&C 163 (1937).

Mortgages - Foreclosure - Right of purchaser at sheriff's sale to reimbursement for taxes paid - land situated in counties other than Philadelphia.

117

Vaselenak v. Moxham National Bank of Johnstown, Administrator, 85 PLJ 691 (1937), 28 PA D&C 253 (1937). Judgements - revival - filing of praecipe - stay of writ - Necessity for return. Zayc v. John Hancock Mutual Life Insurance Co., 85 PLJ 494 (1937), 30 PA D&C 34 (1937-38).

Insurance - Life insurance - Application for policy - payment on account of premium - Failure to accept or reject application within reasonable period - Death of insured - Liability of company in trespass.

Zeuger Milk Co. v. Pittsburgh School District, 85 PLJ 95 (1937), 28 PA D&C 687 (1937).

Contracts - Contract to sell milk to school district - Subsequent enactment of Milk Control Board Law of 1934 - Establishment of higher prices thereunder - Right of dealer to recover difference.

1938 Appeal of Duvall, 86 PLJ 422 (1938), 33 PA D&C 238 (1938-39).

Taxation - Personal property tax - Act of May 18, 1937 - Beneficiary of insurance policy - right to receive monthly income for life - capitalized value of payment - Insurance or annuity.

Appeal of Egerter, 86 PLJ 192 (1938), 32 PA D&C 164 (1938).

Names - Divorced woman - right to resume maiden name - Common-law rule - effect of Act of April 18, 1923 - Election lists.

Argonne Club's License, 86 PLJ 308 (1938), 33 PA D&C 213 (1938-39).

Alcoholic beverages - Appeal from order of Liquor Control Board - Practice - Decision by single judge - Method of obtaining modification.

Charley, etc. v. Bolivar Borough, 86 PLJ 217 (1938), 33 PA D&C 686 (1938-39).

Municipalities - Powers - construction and operation of ferry - Destruction of bridge by flood - Liability for damages occurring through operation.

Commonwealth v. Burnside, 86 PLJ 538 (1938), 30 PA D&C 8 (1938-39).

Taxation - Amusement Tax Act of June 11, 1935 - "Producer" - "Amusement" - "Place of Amusement" - Restaurant furnishing music during meal hours without dancing - Leasing mechanical musical instrument - tax liability of lessor - Of lessee - Strict construction.

Commonwealth v. Gunther, 86 PLJ 340 (1938), 32 PA D&C 573 (1938).

Crimes - Violations of Vehicle Code - Speeding - Power to make arrests - Local police officers - Violation of local speed regulations - Sufficiency of evidence - Testimony of single officer.

118

Commonwealth v. Paul, 86 PLJ 209 (1938), 31 PA D&C 613 (1938). Municipalities - Ordinances - Regulation of junk dealers - Operation of coal yard - Incidental sale of second-hand building materials - Reasonableness of license fee.

Edgewood Borough v. Apfel, 86 PLJ 405 (1938), 33 PA D&C 675 (1938-39).

Boroughs - Zoning ordinance - Construction - Ambiguity - storage of gasoline - Right to store sufficient to supply retail trade at service stations - Storage for more than one station at a single point - Grant of permit by borough council - Estoppel.

Estate of Lowry, 86 PLJ 480 (1938), 32 PA D&C 469 (1938). Practice, O.C. - Appeal from probate - Alleged forgery - Laches - Knowledge of forgery. In Re Official Resignations, 86 PLJ 609 (1938), 33 PA D&C 441 (1938-39).

Officers - Resignation - Necessity for acceptance - judge - Mailing resignation - Death before receipt by Governor.

In Re Alcohol Tax, 86 PLJ 62 (1938), 31 PA D&C 65 (1938).

Alcoholic beverages - Alcohol - Right to sell other than through state stores system - Taxation - Act of August 6, 1936 - Applicability to alcohol sold through other than state stores system.

In Re Unemployment Compensation Records, 86 PLJ 185 (1938), 31 PA D&C 289 (1938).

State Government - Records of Division of Unemployment Compensation and Employment Service - Right to disclose information contained therein to Department of Public Assistance - Limitations - Administrative Code of 1929, secs. 501 and 502 - Unemployment Compensation Law of December 5, 1936, sec. 206.

Vollmer, et al. v. Willis, County Controller, 86 PLJ 504 (1938), 32 PA D&C 313 (1938).

Public officers - Deputy sheriffs - Salaries - Establishment by salary board - limitation to receipts of office - Constitution, art. xiv, sec. 5 - Act of March 31, 1876, sec. 5 - General County Law of May 2, 1929, sec. 301.

Walker v. Kahn, 86 PLJ 173 (1938), 31 PA D&C 620 (1938).

Attorneys - Unauthorized practice - Filling out liquor license applications - Interpretation of law - Act of July 12, 1935.

1939 Barton. to use, v. Moser, et ux., 87 PLJ 226 (1939), 36 PA D&C 133 (1939-40).

Execution - Sheriff's sale - Validity - Omission of reference to improvements in advertisement.

Commonwealth v. Dzmura, 87 PLJ 370 (1939), 36 PA D&C 496 (1939-40).

Crimes - Embezzlement from unincorporated association - Act of April 23, 1909, as amended by Act of April 16, 1929 - Applicability to unincorporated fraternal association - Misappropriation of dues.

119

Estate of Mathe, 87 PLJ 71 (1939), 34 PA D&C 647 (1939).

Poor law - Assistance under Act of June 25, 1936 - Liability of recipient's estate for repayment - Insolvent estate - Priority - Fiduciaries Act of June 7, 1917, sec. 13(a).

Fidelity Title & Trust Co., to use, v. Griffiths, 87 PLJ 363 (1939), 36 PA D&C 235 (1939-40).

Taxation - Abatement of real estate taxes - Acts of October 25, 1938 - Mortgagee invoking acts before foreclosure sale - Right to have facts certified to sheriff.

Gauz's Naturalization Certificate, 87 PLJ 29 (1939), 34 PA D&C 501 (1939).

Aliens - Naturalization - Inadvertent mistake of date of birth in application - Right to amend 13 years later.

Grossman v. Natcher, Delinquent Tax Collector, 87 PLJ 487 (1939), 36 PA D&C 337 (1939-49).

Taxation - Borough taxes - Addition of one half of one percent per month to delinquent taxes - General Borough Act of May 4, 1927, sec. 1308, as amended - "Penalty" or "interest" - Abatement by Act of October 25, 1938 - Inquiry into legislative proceedings - Statutory Construction Act of May 28, 1937, art. IV, sec. 51.

Hogsett, et al., Administrators, to use, v. Lutrario, 87 PLJ 73 (1939), 34 PA D&C 637 (1939).

Landlord and tenant - death of lessor - Rights of personal representatives and heirs - Collection of rents - Fiduciaries Act of June 7, 1917 - Confession of judgement on power of attorney contained in lease.

In Re Home Owners' Bonds, 87 PLJ 194 (1939), 34 PA D&C 709 (1939). Administrative law - Deposit of State funds - Security - Home Owners' Loan corporation

Bonds - Act of April 9, 1929, sec. 505, as amended. In Re Illegitimate Births, 87 PLJ 530 (1939), 36 PA D&C 357 (1939-40).

State Government - Records of illegitimate births - Right of Department of health to issue certified copy to district attorney for use in criminal prosecution - Act of June 7, 1915, as last amended by the Act of April 22, 1937, sec. 7.

In Re Liquor Control Board Examiners, 87 PLJ 432 (1939), 36 PA D&C 11 (1939-40).

Public officers - Necessity for senatorial approval by appointment - Necessity for issuing omissions - Liquor Control Board examiners - Liquor Control Act of June 16, 1937, sec. 409(a) - Constitution, article IV, sec. 8.

In Re Plumbers' Licenses, 87 PLJ 403 (1939), 36 PA D&C 93 (1939-40).

Statutes - Construction - Effective date - Statutory Construction Act of May 28, 1937, art. I, sec. 4 - Act of May 17, 1939, repealing Act of June 7, 1901, in part - Plumbers - Necessity for holding license from State Department of Health subsequent to September 1, 1939, in boroughs, incorporated towns and townships of the first class.

In Re Tax on Pawnbrokers, 87 PLJ 470 (1939), 35 PA D&C 713 (1939).

Statutes - Repeal - Later statute dealing with same subject - Licensing pawnbrokers - Act of April 6, 1937 - Act of May 7, 1907.

120

In Re Unemployment Compensation Appointees, 87 PLJ 213 (1939), 35 PA D&C 93 (1938-39).

Public officers - Members of Unemployment Compensation Board of Review - Removal - Governor - Unemployment Compensation Law of December 5, 1936, sec. 203 - Constitution, art. VI, sec. 4.

Vogel v. Pittsburgh Railways Co., et al., 87 PLJ 291 (1939), 33 PA D&C 410 (1938-39).

Practice - Suit against joint defendants - Entry of compulsory nonsuit in favor of one - right of other defendant to issue writ of sci. fa. to join as additional defendant - New trial.

1940 Blakeley's Petition, 88 PLJ 567 (1940), 39 PA D&C 675 (1940-41).

Attorney's - Compensation - Condemnation of real estate - Handling claim for owner - Power of attorney - Distribution of proceeds - Tax liens - Act of June 11, 1915 - Mortgagee.

City of Pittsburgh's Petition, 88 PLJ 71 (1940), 38 PA D&C 463 (1940).

Taxation - property acquired by city at tax sale - Liability to county taxation - Procedure to question liability - Motion to strike off lien - Bill in equity - Municipal Lien Act of 1923, sec. 31 - Constitutionality - Constitution, art. IX, sec. 1.

Commonwealth v. Beckwith, 88 PLJ 198 (1940), 36 PA D&C 687 (1939-40).

Motor vehicles - Crimes - Sufficiency of statement of offense - Indictment charging operation of vehicle without proper registration - Proof that vehicle was properly registered but bore improper license plates - The Vehicle Code of May 1, 1929, sec. 401.

Commonwealth v. Cohen, 88 PLJ 539 (1940), 39 PA D&C 575 (1940-41).

Municipal corporations - Ordinances - Validity - Prohibition of billboards or sign advertising without license - Paper signs pasted on show windows - "Billboard."

Commonwealth v. Hoge, 88 PLJ 592 (1940), 39 PA D&C 564 (1940-41).

Incompetents - Confinement to state institution - Liability for maintenance - Married woman - Father - Necessity for showing inability to collect from husband - Act of June 1, 1915 as amended.

Estate of Darr, 88 PLJ 242 (1940), 39 PA D&C 210 (1940-41).

Trusts - Deed of trust - Charitable beneficiary - Sufficiency of attestation - Single witness - Acknowledgement before notary - Act of April 26, 1855.

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Estate of Gerlach, 88 PLJ 69 (1940), 38 PA D&C 38 (1940). Decedents' estate - Insufficiency to pay all legacies - Abatement - Legacy to husband. Estate of Horton, 88 PLJ 576 (1940), 38 PA D&C 183 (1940).

Execution - Attachment execution - Legacy to debtor of testator - Right of legatee to accept debt in satisfaction of legacy after attachment - Unmatured obligation.

Ferenczi's Petition, 88 PLJ459 (1940), 37 PA D&C 637 (1940).

Aliens - Alleged naturalization - Absence of record - Jurisdiction of court to create record nun pro tunc - Clerk's certificate - Right to require cancellation.

In Re Accidents at College Athletic Events, 88 PLJ 486 (1940), 37 PA D&C (1940).

Commonwealth - State teachers' colleges - Athletic events - Accident - Personal injuries - Action for damages - Insurance - Agency of government - Act of September 25, 1929, P.L. 712

In Re Arrest of Representatives, 88 PLJ 530 (1940), 37 PA D&C 649 (1940).

State Government - Members of General Assembly - Exemption from arrest - Constitution, art. II, sec. 15 - Applicability to criminal proceedings.

In Re Arson Attempts, 88 PLJ 475 (1940), 37 PA D&C 500 (1940).

Crimes - Attempt to commit arson - The Penal Code of June 24, 1939, sec. 908 - Construction - "Any of the buildings or property attached thereto" - Reference to previous sections.

In Re Bail in Burglary Cases, 88 PLJ 628 (1940), 39 PA D&C 579 (1940-41).

Criminal procedure - Bail in burglary cases - right of alderman or justice of the peace to accept bail - Offense formerly constituting breaking and entering - The Penal Code of June 24, 1939, sec. 901 - Criminal Procedure Act of March 31, 1860.

In Re Firearms, 88 PLJ 405 (1940), 37 PA D&C 475 (1940).

Firearms - License to carry - Use of more than weapon - Uniform Firearms Act of June 11, 1931 - The Penal Code of June 24, 1939.

In Re Juvenile Violations of Game Laws, 88 PLJ 208 (1940), 37 PA D&C 247 (1940).

Game - Acceptance of fine without hearing - Juveniles - The Game Law of June 3, 1937, sec. 1203 - Juvenile Court Law of 1933 - Juvenile Court Law of Allegheny County of 1933 - Legislative intent.

In Re Motor Boat Licenses, 88 PLJ 521 (1940), 36 PA D&C 597 (1939-40).

Waters - Licensing of motor boats - Act of May 28, 1931 - Enforceability - Conflict with Federal authority - Act of Congress of June 7, 1918.

In Re School Dental Hygienists, 88 PLJ 587 (1940), 38 PA D&C 157 (1940). Schools - Dental hygienists - extent of supervision necessary - The Dental Law of April 30, 1937, sec. 2.

In Re Sunday Broadcasts, 88 PLJ 421 (1940), 38 PA D&C 172 (1940).

Amusements - Sunday concerts - Necessity for permit from Department of Public Instruction - Act of June 2, 1933 - Broadcasting concert - Charging admission fee.

122

Polk v. Western Bidding Co., et al., 88 PLJ 343 (1940), 38 PA D&C 73 (1940).

Workmen's Compensation - Death of workmen - Computation of compensation payable to widow - Applicable law - Date of accident - Date of death - Workmen's Compensation Act of June 4, 1937 - Retroactivity - Reversal of award on appeal - Necessity for returning record to board - Mathematical computation.

United States v. Peoples-Pittsburgh Trust Co., 88 PLJ 67 (1940), 37 PA D&C 683 (1940).

Bills and notes - Check payable to "unremarried widow" of deceased veteran - Guaranty of endorsement by bank - Extent of guaranty - Identity of widow - Fact of remarriage.

1941 Commonwealth ex rel. v. Bradley, 89 PLJ 141 (1941), 40 PA D&C 584 (1941).

Municipal corporations - Powers - Licensure of automatic vending machines - Constitutionality - Police or revenue measure - Discrimination - Exemption of single article - Amount of license fee - Title to ordinance - Constitution, art. I, secs. 9 and 10, and art. IX, sec.1 - Fourteenth Amendment to Federal constitution - Act of May 23, 1874 - Pittsburgh City Charter Act of March 7, 1901.

Commonwealth v. Campagna, 89 PLJ 23 (1941), 40 PA D&C 478 (1941).

Parent and child - Desertion and nonsupport - Child of bigamous marriage - Status - Liability of paternal grandparent for support - Act of July 11, 1917, as amended - The Support Law of 1937.

Commonwealth v. Ciccarelli, 89 PLJ 483 (1941), 42 PA D&C 643 (1941-42).

Criminal procedure - increased sentence because of prior conviction - failure of indictment to plead prior offense - Pennsylvania Liquor Control Act of 1937 - Beverage License Law of 1937.

Commonwealth v. Henckel, 89 PLJ 177 (1941), 40 PA D&C 337 (1941).

Game - Hunting or trapping - Necessity for license - Owner or lessee of land - Member of family or help - Requirement of actual residence upon and cultivation of land - The Game Law of 1937, sec. 317.

Commonwealth v. La Rosa, 89 PLJ 267 (1941), 42 PA D&C 34 (1941-42).

Food and drugs - Criminal offenses - Possession of growing marihuana plants - Narcotic Drug Act of July 11, 1917, as amended May 22, 1933 - Act of May 26, 1939.

Commonwealth v. Rhey, et al., 89 PLJ 153 (1941), 40 PA D&C 684 (1941). Criminal procedure - Parole - Grounds - Invalidity of indictments.

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Commonwealth ex rel. v. Smith, 89 PLJ 499 (1941), 42 PA D&C 577 (1941).

Public officers - Eligibility to hold office - Induction into active military service - Mayor - Constitution, art. XII, sec. 2 - Act of July 2, 1941 - Action of quo warranto - Status of relator.

Commonwealth v. Wilson, 89 PLJ 469 (1941), 42 PA D&C 495 (1941-42).

Foods and drugs - Crimes - Misbranding and adulteration - Procedure - Right of defendant to impartial analysis of food - Perishable product - Act of May 13, 1909.

Estate of Keefe, 89 PLJ 429 (1941), 42 PA D&C 426 (1941-42).

Churches - Disposition of church property - Lay members - Ecclesiastics - Roman Catholic Church - Petition by bishop to sell - Applicability of revised Price Act of 1917 - Act of June 20, 1935.

Gibson v. Del Sardo, 89 PLJ 165 (1941), 40 PA D&C 552 (1941).

Magistrates - Practice - Counterclaim - Necessity for presentation before magistrate - Trespass or assumpsit - Amount - Consolidation of appeals.

Haney, et al. v. Zimmerman, 89 PLJ 556 (1941), 42 PA D&C 716 (1941-42).

Parties - Joinder of additional defendant - Party already on record - Pa.R.C.P. 2229, 2231, and 2252.

In Re Attorneys as Real Estate Brokers, 89 PLJ 50 (1941), 39 PA D&C 42 (1940-41).

Attorneys - Right to act as real estate brokers - Necessity for obtaining license - Act of May 1, 1929, as amended - Employment by corporation.

In Re Fish Wardens, 89 PLJ 125 (1941), 40 PA D&C 62 (1941).

Fish - Powers of fish wardens - Entry upon private posted land - Penal Code of 1939, sec. 954 - Constitution, art. I, sec. 8, and article XVI, sec. 3.

In Re School Buses, 89 PLJ 63 (1941), 39 PA D&C 396 (1940-41).

Schools - Transportation of pupils - Jurisdiction over school buses - Vehicles included - Vehicle Code of 1929, sec. 828(a), as amended - Colleges or universities - Nurses colleges - Industrial schools - Private schools - Transportation to extra-curricular activities - Jurisdiction of Public utility Commission - Pubic Utility Law of 1937, sec. 7, as amended.

In Re Undertakers' Licenses, 89 PLJ 208 (1941), 40 PA D&C 681 (1941).

Undertakers - Licensure - Educational qualifications - time of determination - Act of June 10, 1931.

Lovering v. Dettre, Sheriff, 89 PLJ 510(1941), 41 PA D&C 716 (1941).

Firearms - License to carry - Refusal - Qualifications of applicant - Propriety of reason - Uniform Firearms Act of June 24, 1939, sec. 628(k).

Ziel, et al. v. Crafton Borough, 89 PLJ 518 (1941), 42 PA D&C 586 (1941-42).

Municipal corporations - Zoning - residential district - Tourist homes and coffee houses - Display of signs.

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1942 Automobile Underwriters, Inc. v. City of Pittsburgh, 90 PLJ 107 (1942), 44 PA D&C 63 (1942).

Municipal corporations - Liability for tort of agent - operation of parking lot for fees - Governmental or proprietary function.

Cardello v. Fleming, 90 PLJ 63 (1942), 43 PA D&C 367 (1942).

Practice - Issuance of process against wrong party - Prothonotary's error - right to issue alias writ naming correct defendant - statute of limitations - Act of June 24, 1895.

Estate of Flannery, 90 PLJ 89 (1942), 44 PA D&C 197 (1942).

Decedents' estates - Award of corpus to life tenant with power to consume as trustee - Necessity for filing bond - Relationship to remaindermen - Procedure upon death of life tenant - filing of account by executors - Rights of life tenants - Creditor's Fiduciaries Act of 1917, sec. 23.

In Re Benefits during Military Service, 90 PLJ 98 (1942), 43 PA D&C 411 (1942).

State Government - Employees - Benefits for dependents - Necessity for actual dependency - Act of June 7, 1917, as amended.

In Re Completion bonds, 90 PLJ 44 (1942), 42 PA D&C 537 (1941).

Insurance -Title insurance companies - Power to issue building completion bonds - Insurance Company Law of 1921, sec. 685, 686, and 202(c) 1, as amended - Banking institutions during title insurance business - Banking Code of 1933, sec. 1102, as amended - Casualty insurance companies.

In Re Costs of Committing Mental Patients, 90 PLJ 283 (1942), 44 PA D&C 642 (1942).

Incompetents - Removal to state institutions - Liability for costs - Commonwealth - Mental Health Act of 1923, sec. 501, as amended - Source of payment - General Appropriation Act of 1941.

In Re Interest on Compensation Awards for Occupational Diseases, 90 PLJ 85 (1942), 43 PA D&C 29 (1941).

Workmen's Compensation - Occupational disease compensation - Commonwealth's liability for interest on payments - Acts of June 4, 1937, July 2, 1937, June 21, 139, and May 29, 1941.

In Re Solicitations of Charity, 90 PLJ 423 (1942), 44 PA D&C 470 (1942).

Charities - Solicitation - Act of May 13, 1925, as amended - Membership drive - Use to obtain members or donations - Determination by Department of Welfare.

Lewis v. Puchy, et al., 90 PLJ 259 (1942), 44 PA D&C 482 (1942).

Judgements - Lien against real estate - Conveyance - Failure to revive against original debtor within five years - Rights of terre-tenant - Act of April 16, 1849 - Act of March 26, 1827, as amended.

McKenzie's Adoption, 90 PLJ 99 (1942), 44 PA D&C 86 (1942). Adoption - revocation of decree - consent of all parties - Best interests of child - Effect.

125

Pennsylvania Turnpike Commission v. Baldwin Brothers, et al., 90 PLJ 219 (1942), 44 PA D&C 462 (1942).

State Government - Pennsylvania Turnpike Commission - Status as independent instrumentality - Act of June 22, 1931 - Requirement for notice before suit on bond - Applicability.

Pittsburgh School District's Petition, 90 PLJ 462 (1942), 43 PA D&C 169 (1940).

Taxation - Exemptions - Property owned by another municipal corporation - School district - Purchase of real estate at sheriff's sale for unpaid taxes - lease for private use - Acts of May 16, 1923, sec. 31, May 22, 1933, sec. 204, and May 21, 1937.

Philadelphia Saving Fund Society v. Commonwealth Trust Co., 90 PLJ 47 (1942), 44 PA D&C 98 (1941).

Fiduciaries - Personal liability - Execution of bond accompanying mortgage - Disclosure of trust estate - Intention of parties - Act of June 24, 1939 - Constitutionality - Holding title to property - Liability for taxes - Several liability.

Williamson v. Barret, et al., 90 PLJ 176 (1942), 42 PA D&C 101 (1941).

Appeal and error - Practice - Transcript - Motion to omit portions - Sufficiency - Superior Court Rule 55 - Act of May 11, 1911, sec. 5 - Waiver of irregularity - Request for additional evidence by appellee - Right of trial court to order printing.

1943 Abernathy v. Pittsburgh Press Co., 91 PLJ 187 (1943), 47 PA D&C 575 (1943).

Practice - Pretrial conference - Subpoena duces tecum - Availability - Pa.R.C.P. 212 - local rules of court - Issuance for production of public records - Necessity for allowance by judge - Act of February 27, 1798 - Applicability - Scope of subpoena - Documents required - Right of party to object - Absence of objection by person subpoenaed.

Appeal of Bakery Drivers' Union, 91 PLJ 414 (1943), 48 PA D&C 372 (1943).

Labor - Direction for election - Right to appeal therefrom - Pennsylvania Labor Relations Act of 1937, sec. 7, as amended.

Bishop v. Federal Life Casualty Co., 91 PLJ 77 (1943), 46 PA D&C 388 (1942).

Insurance - Health insurance - Policy - Interpretation - Non-liability for certain illnesses - Concurrent treatment for female diseases - operation for acute appendicitis - Concurrent treatment of female organs for condition not previously known.

Braddock Borough v. Spatz, 91 PLJ 329 (1943), 48 PA D&C 212 (1943). Municipal corporations - Liens - Revival - Act of July 28, 1941 - Prior transfer of property. Braunstein v. Royal Tower Systems, Inc., 91 PLJ 103 (1943), 47 PA D&C 129 (1943).

Insolvency -Priorities - Equity receivership - State and Federal tax claims - Reduction of latter to lien - Absence of execution - Act of May 1, 1929 - R.S., secs. 3186 and 3466.

126

Commonwealth v. Griffin, 91 PLJ 25 (1943), 46 PA D&C 374 (1943). Criminal procedure - Probation - Directing restitution - failure to comply with direction - Expiration of maximum period for imprisonment - Right to discharge - Public Assistance Law of 1937, as amended.

Commonwealth v. Mosholder, 91 PLJ 139 (1943), 46 PA D&C 31 (1942).

Criminal law - Sale of contraceptives - Absence of publication or display - The Penal code of June 24, 1939, sec. 525.

Commonwealth v. Rupp, 91 PLJ 100 (1943), 47 PA D&C 302 (1941). Crimes - Sale of condoms - Penal Code of 1939, sec. 525 - Common-law offense. Commonwealth ex. rel. v. Schwing, Tax Collector, 91 PLJ 505 (1943), 48 PA D&C 251 (1943).

Cities - Third class cities - Duties of treasurer as tax collector - Mandamus to file return - Delay in delivery of tax warrants - Filing of return of uncollected taxes - Exoneration by city council - Revocation of exoneration - Extent of liability upon bond - Costs - Third Class City Law of 1931, as amended.

Estate of McBride, 91 PLJ 377 (1943), 48 PA D&C 367 (1943).

Taxation - Corporate loans tax - Personal property tax - individual mortgage - Acquisition of title by Corporation - failure to assume or pay interest.

Home Protective Savings & Loan Association v. Kefalas, et ux., 91 PLJ 326 (1943), 48 PA D&C 346 (1943).

Landlord and tenant - Confession of judgement in ejectment under lease - Validity - emergency Price Control Act and regulations - Failure to deliver possession at expiration of term.

In Re Expenses of Mental Patients, 91 PLJ 487 (1943), 48 PA D&C 91 (1943).

Incompetents - Liability for costs of transportation and commitment - Amendment of May 27, 1943, to sections 307 and 501 of Mental Health Act of 1923 - effective date - Statutory Construction Act of 1937, sec. 4, as amended.

In Re Marriage Certificates, 91 PLJ 513 (1943), 48 PA D&C 392 (1943).

Marriage - License - Disposition of duplicate - Filing with issuing officer - recording - forwarding to Department of Health - Fees - Act of June 23, 1885 - Uniform Vital Statistics Act.

In Re Osteopaths as School Physicians, 91 PLJ 303 (1943), 47 PA D&C 500 (1943).

Schools - Medical inspectors - Osteopaths - School Code of 1911, secs. 1501 and 1503, as amended - Right of fourth class district to bear expenses.

In Re Parole of Minors, 91 PLJ 381 (1943), 47 PA D&C 93 (1943).

Commonwealth - Minors -Parole - Commitment - Sentence - Reformatory - state Institutions - Authority of Board - Expiration of Period - Discharge - Nunc Pro Tunc - Consecutive Terms - Limitations - Time.

127

In Re Pennsylvania Parolees, 91 PLJ 441 (1943), 46 PA D&C 542 (1943).

Criminal procedure - Parole - Jurisdiction of Board of Parole - Act of August 6, 1941 -Indeterminate, flat and general sentences - Second conviction for crime committed during parole - Jurisdiction as to reparole - Costs of returning parole violators - Payment by board of Parole - Sources of reimbursement - Acts of June 19, 1911, July 25, 1913, May 1, 1929, as amended, and June 26, 1939.

Pratt v. Hollenbeck (#1), 91 PLJ 162 (1943), 46 PA D&C 657 (1943).

Actions - Real property - Payment of excessive rent - Action for trespass recovery - Emergency Price Control Act of 1942, sec. 205(e) - Assumpsit for trespass - Necessity for affidavit for defense.

Pratt v. Hollenbeck (#2), 91 PLJ 234 (1943), 48 PA D&C 303 (1943).

Landlord and tenant - Emergency Price Control Act of 1942 - Constitutionality - Maximum rent regulations - jurisdiction to determine validity - Delegation of legislative authority - Criteria - Necessity for hearing and findings of fact - Quasi-legislative function - Successive overpayment of rent - Right of multiple recovery - Joinder in single suit - Excessive fines - Eighth Amendment to Federal Constitution - Applicability to civil action.

Tarentum Borough v. First Baptist Church, 91 PLJ 351 (1943), 48 PA D&C 248 (1943).

Municipal corporations - Municipal claim - Prosecution to erroneous judgement - Expiration of lien - Right to continuance - Applicability of Act of July 28, 1941.

Woodring v. Edelman, 91 PLJ 148 (1943), 47 PA D&C 181 (1943).

Animals - Licensed dog - Illegal killing - Right to recover value from tortfeasor - Effect of Act of May 22, 1935, sec. 6 - Validity - Constitution, art. I, sec. 11.

1944 Appeal of Polish Falcons, 92 PLJ 285 (1944), 51 PA D&C 14 (1944).

Alcoholic beverages - Liquor License Quota Act of 1939 - Applicability to club license - Refusal where local quota exceeded.

City of Pittsburgh v. Gribbin, 92 PLJ 433 (1944), 51 PA D&C 587 (1944).

Municipal corporations - Delinquent taxes - Set-off - Claim against municipality - right to withhold payment - compulsory application to tax claim - Act of July 1, 1937 - Amendment of April 15, 1943 - Applicability of preexisting claim - Constitutionality.

Commonwealth ex rel. v. Petruska, 92 PLJ 159 (1944), 51 PA D&C 129 (1943).

Banks and banking - Liquidation - Claim by creditor of depositor - Notice to receiver - Substitution for attachment execution - department of Banking code of 1933, sec. 712 - Necessity for judgement on claim - sufficiency of proof - Notice and hearing - Depositor's failure to appear.

128

Equitable Gas Co.'s Petition, 92 PLJ 423 (1944), 51 PA D&C 653 (1944). Labor - Collective bargaining agent - Certification by Pennsylvania Labor Relations Board - Jurisdiction - relation to interstate commerce - Substitution of board's as to method of operation - Pennsylvania Labor Relations Act of 1937, as amended - Paramount authority of National Board - Failure to exercise jurisdiction - Practice - Employer's right to appeal - Findings of fact - Conclusion of law - Review by court.

Estate of Worley, 92 PLJ 161 (1944), 50 PA D&C 479 (1944).

Decedents' estates - Personal property tax - Act of June 17, 1913 - postponement to other debts - Fiduciaries Act of 1917, sec. 13(a) - Status as debt due Commonwealth - Accrual after death - Assets held by estate.

In Re Real Estate Brokers' Licenses, 92 PLJ 187 (1944), 49 PA D&C 445 (1944).

Brokers - Real estate broker - Licensure - Act of May 1, 1929, as amended - Exemption of attorney - Applicability to employee - Delegation of personal privilege - Necessity for broker's license.

In Re Teachers in Military Services, 92 PLJ 476 (1944), 51 PA D&C 416 (1944).

Schools - Employees - Military Service - return to school duties - Act of August 1, 1941 - Limitations - Mandatory character - Request for physical and mental examination - Acceptance of benefits for military disability.

In Re Vacating Roads in South Fayette Township, 92 PLJ 467 (1944), 50 PA D&C 26 (1943).

Townships - Public road - Vacation - Ordinance - Hearing - Report - Statutory requirements - Exceptions - Abutting owners - Citizens and residents of district - Appeal - Quarter Sessions Court - Petition for review - Code of 1931, P.L. 1206.

In Re Vital Statistics Records, 92 PLJ 308 (1944), 49 PA D&C 432 (1944). State Government - department of health - Records of Vital Statistics - illegitimate births - Restrictions on disclosure - Uniform Vital Statistics Act of 1943 - Repeal of earlier legislation - Delayed birth records -Fee for filing or amended - Sufficiency of proof - Certificate of adoption - Purposes of uniform act - Guides in interpretation.

Medvidovich v. Sterner, et ux., 92 PLJ 223 (1944), 50 PA D&C 690 (1944).

Judgements - entry by confession - Warrant of attorney in lease - Authority to confess without declaration - Amount of judgement - impossibility of ascertaining from lease - Necessity for declaration - Requisites of pleading - Default in payment of rent - Breach of covenant - Nature of default - Amount of loss.

1945 Commonwealth v. Hamilton, 93 PLJ 33 (1945), 52 PA D&C 485 (1945).

Crimes - Common nuisance - Elements - Frequency of conduct - Likelihood of repetition - Disturbance of public - Common scold - Limitation of offense to women.

Commonwealth v. Hayden, 93 PLJ 255 (1945), 53 PA D&C 616 (1944).

Criminal procedure - Sufficiency of information to support indictment - Indictment charging unlawful separation from and failure to support minor children - The Penal Code of 1939, secs. 726, 731, and 733 - Quashing indictment.

129

De Check v. Clancy, 93 PLJ 305 (1945), 53 PA D&C 618 (1945).

Statute of frauds - Agreement to sell land - Oral contract - Possession - Act of March 21, 1772, 1 Sm. L. 389.

Estate of Beggs, 93 PLJ 276 (1945), 54 PA D&C 40 (1945).

Wills - Life estate in personalty - Section 23 of Fiduciaries Act - Life tenant as executrix - Management of estate as executrix - Effect.

In Re Housing Authority Deposits, 93 PLJ 268 (1945), 51 PA D&C 157 (1944).

Banks and banking - Pledge of assets to secure deposit - Banking Code of 1933, sec. 1004, as amended - Public funds - Deposit by housing authority - Housing Authorities Law of 1937, as amended.

In Re Practice of Architecture, 93 PLJ 531 (1945), 53 PA D&C 343 (1945).

Architects - Right to practice - Act of July 12, 1919, as amended - "Grandfather clause" - Failure to file affidavit within five years - Distinction between titles "architect" and "registered architect."

Kern v. Kern, 93 PLJ 93 (1945), 52 PA D&C 417 (1944).

Husband and wife - Real estate - Tenancy by entireties - Divorce - Sale and division of proceeds - Act of May 13, 1925 - Validity - Estate acquired after passage - Repeal and reenactment by Act of May 10, 1927 - Effect on estate previously created.

Madera v. Monongahela Railway Co., 93 PLJ 38 (1945), 52 PA D&C 216 (1944).

Master and servant - Seniority rights - Individual contract - Claim to reemployment - Relief in equity - Adequacy of remedy at law - Abrogation of right - Subsequent collective bargaining agreement - Necessity for resort to union tribunals - Laches - Recognition of contract by employer - Ignorance of union contract.

Novak v. Sirlin, 93 PLJ 499 (1945), 54 PA D&C 567 (1945).

Undertakers - Branch office - License by State Board of Undertakers - Injunction - Jurisdiction - Act of June 10, 1931.

Obringer v. Minnotte Brothers Co., 93 PLJ 59 (1945), 52 PA D&C 454 (1944).

Deeds - description - Boundary - reference to existing monument - Conveyance of title to center line - Public or private highway - reference to "railroad" - Private railroad - Previous abandonment - Separate description of tracts on either side.

Oppler v. Oppler, 93 PLJ 213 (1945), 54 PA D&C 213 (1945).

Divorce - Action by enemy alien - Right to bring suit - Respondent residing in foreign country - Jurisdiction of court to grant decree.

Puleo, et al. v. Gilmore, et al., 93 PLJ 301 (1945), 53 PA D&C 698 (1944). Parties - Joinder - Garnishee in attachment execution - Right to join additional garnishee. Trimmer. et al. v. Trimmer, et ux. (#2), 93 PLJ 332 (1945), 54 PA D&C 178 (1944). Practice - Counterclaim - Trespass quare clausum fregit - Act of April 14, 1929.

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1946 Commonwealth v. Glenny, 94 PLJ 86 (1946), 54 PA D&C 633 (1945).

Crimes - Indictment - "Indecent liberties" - Male victim - Common law offense - Defenses - consent of victim.

Covenant Presbyterian Church v. Board of Adjustment, 94 PLJ 151 (1946), 56 PA D&C 309 (1945).

Zoning - Power of Board of Adjustment - Grant of variance - Act of June 29, 1923, sec. 7 - Increasing restrictions.

In Re Bank Loans, 94 PLJ 442 (1946), 56 PA D&C 374 (1946).

Debtor and creditor - Usury -Installment loans by banks - Interest charges - Validity - Deduction in advance - Amount of loan and interest - Banking Code of 1933, sec. 1001 - Act of April 6, 1945.

In Re Elementary Teachers, 94 PLJ 247 (1946), 55 PA D&C 475 (1946).

Schools - Elementary teachers - Minimum salary requirements - Inclusion of professional employees - Act of May 29, 1945.

Estate of Mahoney, 94 PLJ 145 (1946), 56 PA D&C 286 (1945).

Decedents' estates - Widow's election - effect of antenuptial agreement - Testamentary provisions - Filing of election by execution - Estoppel to question validity - Wills Act of 1917, sec. 23, as amended.

Estate of Stokes, 94 PLJ 229 (1946), 56 PA D&C 439 (1946).

Trusts - Sale of real estate - division of broker's commission - Orphans' Court Act of 1917, as amended July 2, 1941 - Necessity for executed agreement - Amount of commission.

In Re Fire Insurance Rates, 94 PLJ 293 (1946), 54 PA D&C 457 (1946).

Insurance - Fire insurance companies - Deviation from rates established by fire-rating bureaus - Approval by insurance Commissioner - insurance Company Law of May 17, 1921.

In Re Mortgage Pool No. 1, 94 PLJ 130 (1946), 56 PA D&C 187 (1946).

Trusts - Sale of trust property - Brokers' commission - Division - Orphans' Court Act of 1917, sec. 90, amended July 2, 1941.

In Re Reimbursement of School Districts, 94 PLJ 433 (1946), 56 PA D&C 88 (1946).

Schools - State aid - Vocational courses in public schools - Attendance by private school pupils - Inclusion in statistics for purpose of calculating amount of State aid - Sections 401, 1241, 1242, 1245 of School Code of 1911, as amended by Act of May 29, 1945.

In Re Title Insurance Reserve Funds, 94 PLJ 87 (1946), 54 PA D&C 489 (1945).

Insurance - title insurance companies - Reinsurance reserve fund - Reserve for unpaid losses - Sections 690 and 692 of the Act of May 17, 1921, as amended.

131

Staszewski v. Peoples-Pittsburgh Trust Co., 94 PLJ 41 (1946), 55 PA D&C 549 (1945).

Gift - Bank signature card - Payment to another on death of testator - Sufficiency to establish gift inter vivos - Treatment as will.

1947 Appeal of Reabe, 95 PLJ 222 (1947), 59 PA D&C 586 (1947).

Boroughs - Police officers - suspension and demotion - Appeal - Conclusiveness of findings of police civil service commission - police Civil Service Act of June 5, 1941.

Commonwealth v. Amann, 95 PLJ 195 (1947), 58 PA D&C 669 (1947).

Marriages - Common-law marriage - Marriage by formal written contract - One party out of country.

Commonwealth v. Szaluga, et ux., 95 PLJ 355 (1947), 60 PA D&C 402 (1947).

Crimes - Public nuisance - erection of spite fence in suburban area - Act of June 22, 1917, as amended - constitutionality.

Digasbarro, et al. v. H.C. Frick Coke Co., 95 PLJ 238 (1947), 59 PA D&C 147 (1946).

Workmen's compensation - Amount of award - Workmen's Compensation Act, sec. 306(b), as amended - Wages at time of accident - Present wages - Increased compensation for type of work formerly performed.

Dymsia v. Westminster Life Insurance, 95 PLJ 206 (1947), 59 PA D&C 404 (1946).

Process - service - Foreign insurance company - Failure to qualify in Pennsylvania - Insuring Pennsylvania residents - Service by mail upon defendant and Secretary of Commonwealth - Pa.R.C.P. 2180(c).

Gorel v. Comenksy, 95 PLJ 29 (1947), 58 PA D&C 374 (1946).

Landlord and tenant - defective exterior stop - Personal injury to tenant - Provision in lease exonerating landlord for damages due to defects in building - Notice of defects.

In Re Fraternal Benefit Societies, 95 PLJ 455 (1947), 60 PA D&C 699 (1947).

Beneficial societies - Exclusion from social membership - Right to retain beneficial membership.

In Re Suspended Sentence, 95 PLJ 276 (1947), 59 PA D&C 276 (1947).

Criminal procedure - Judgement to pay fine and costs - Enforcement after expiration of court term - uncollectible fines - Remission by Governor.

132

In Re Taxable Writs, 95 PLJ 9 (1947), 57 PA D&C 335 (1946). Taxation - Legal instruments - Act of April 6, 1830, sec. 3. McBurney v. Wilt, et al., 95 PLJ 413 (1947), 60 PA D&C 645 (1947).

Trial - Joint verdict against patron and owner of taproom - injury to plaintiff by patron - Negligence of proprietor - Amendment to separate verdicts.

New Castle v. Casacchia, 95 PLJ 56 (1947), 58 PA D&C 184 (1946).

Criminal procedure - Violation of city ordinance - Hearing on Sunday - Failure to file information - Failure to swear witnesses - Failure to keep docket contemporaneously.

1948 Appeal of Ford Collieres Co., 96 PLJ 235 (1948), 64 PA D&C 332 (1948).

Taxation - School district - Tax on mining coal - Measurement by tons mined - Constitutionality - Act of June 25, 1947.

Brand, et al. v. Halferty, et al., 96 PLJ 263 (1948), 64 PA D&C 540 (1948). Landlord and tenant - Prohibiting subletting - Rental of room - Absence of written lease. Commonwealth v. Hess, 96 PLJ 149 (1948), 63 PA D&C 339 (1948).

Criminal procedure - Prosecution for prostitution - Entrapment - Solicitation by police officer - Demurrer to evidence - Refusal - Disagreement - Right of court to reconsider demurrer - Motion for judgement on whole record - Motion in arrest of judgement.

Estate of Doroltz, 96 PLJ 123 (1948), 63 PA D&C 474 (1948).

Decedents' estates - Distribution - Priorities - General creditors - Claims for support - Commonwealth - County institution district - Act of September 29, 1938, as reenacted and amended - Fiduciaries Act of 1917, sec.13(a)3.

Estate of Finley, 96 PLJ 287 (1948), 64 PA D&C 230 (1948). Practice, O.C. - Appeal from probate - Alleged later will - Necessity for attaching copy. Estate of Loomis, 96 PLJ 3 (1948), 61 PA D&C 626 (1947).

Decedents' estates - Transfer inheritance tax - Creation of life estate - Absence of testamentary provision relating to taxes - Death of life tenant shortly after testator - Basis of appraisement - Liability for tax - Testator's estate - Tax in excess of income payable to life tenant - Life tenants estate.

Fidelity Trust Co., Guardian, v. Welch, 96 PLJ 35 (1948), 63 PA D&C 63 (1947).

Partnerships - Construction of agreement - Reservation of right to nominate successor on death - Right to nominate minor - Failure to specify provisions of new agreement - unenforcibility.

In Re Replacement of Cancelled Auto Insurance, 96 PLJ 348 (1948), 64 PA D&C 609 (1948).

Insurance - Automobile, fire, theft, and collision insurance - Financed vehicle - Liquidation of insurance company - Obligation to replace - Motor Vehicle Sales Finance Act of June 28, 1947, sec.17(b) and (g).

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In Re State Tax Equalization Board, 96 PLJ 83 (1948), 62 PA D&C 266 (1948).

Public officers - Incompatible offices - State Tax Equalization Board - County commissioner or treasurer - Act of June 27, 1947.

Jones v. Auto Rental Co., 96 PLJ 140 (1948), 63 PA D&C 207 (1948).

Practice - Rental of motor vehicle - Arrest for rental with intent to defraud - Act of April 7, 1927 - Action for malicious prosecution - Propriety of counterclaim for rental - Pa.R.C.P. 1046 - Method questioning propriety of counterclaim - Preliminary objections under Pa.R.C.P. 1017(b) - Reply raisin questions of law.

Rubinoff v. Rubinoff, 96 PLJ 168 (1948), 61 PA D&C 694 (1948).

Pleading - Sufficiency - Complaint in action to quiet title - Execution of satisfaction of mortgage - Refusal to acknowledge.

1949 Bove v. Mellon National Bank, 97 PLJ 247 (1949), 68 PA D&C 546 (1949).

Banks and banking - Distraint on bank for Federal withholding tax due by depositor - Subsequent suit by depositor against bank - Jurisdiction of State Court.

Commonwealth v. Kane, 97 PLJ 128 (1949), 67 PA D&C 458 (1949).

Counties - Collection of excessive fees by prothonotary from Commonwealth - Payment into treasury - Right of Commonwealth to restitution - Liability of counties - Of individual officers - Taxing of fees as part of cost.

Elford v. Pension Board, 97 PLJ 62 (1949), 67 PA D&C 369 (1948).

Municipalities - Pensions of employees - City of Pittsburgh - Amount - Act of May 18, 1915, as amended June 10, 1947 - Applicability to persons already receiving pensions - Statutory Construction Act of May 28, 1937, art. V, sec. 73.

Estate of Rosenbaum, 97 PLJ 163 (1949), 68 PA D&C 548 (1948).

Taxation - Pittsburgh personal property tax - Applicability to estate of Pittsburgh decedent - Nonresident executors - Property outside the city.

Galli v. Galli, 97 PLJ 164 (1949), 68 PA D&C 396 (1949).

Divorce - Process - Service - respondent in foreign country - Known address - Pa.R.C.P. 1124.

In Re Mutual Insurance Co. Charters, 97 PLJ 284 (1949), 67 PA D&C 451 (1949).

Insurance - Mutual company other than life - Writing health and accident insurance - Right to amend charter to become life company - The Insurance Company Law of May 17, 1921, sec. 232.

In Re Notaries Public, 97 PLJ 506 (1949), 68 PA D&C 151 (1949).

Public officers - Incompatible offices - Inactive reserve of armed forces - Notaries public - Constitution, article XII, sec. 2.

134

Plank, et ux. v. Suskiewicz, 97 PLJ 29 (1949), 66 PA D&C 482 (1948).

Process - Service - Deputization - Nonresident plaintiff - Severance - Service as additional defendant.

1950 Appeal of Stark, et al., 98 PLJ 361 (1950), 72 PA D&C 168 (1950).

Zoning - Church - Accessory use - Sleeping quarters for retreatants - Freedom of religion - extent of constitutional guarantee.

Arnheim, Inc. v. Sunray Laundry, Inc., 98 PLJ 141 (1950), 71 PA D&C 86 (1950).

Brokers - Real estate - Right to commission - Procurring purchaser - Property subject to option - Agreement of sale subject to option - Subsequent exercise of option.

Bohlander v. Collins, et ux., 98 PLJ 267 (1950), 71 PA D&C 577 (1950).

Execution - Household property - Joint ownership - Right to exemption under Act of April 1849 - Joint Judgement.

Commonwealth ex rel. v. Mayernik, 98 PLJ 213 (1950), 72 PA D&C 10 (1950).

Criminal procedure - Right to trial by jury - Statutory offense prescribing summary conviction - waiver of hearing and appeal to court - Reckless driving - Vehicle Code of 1929, sec. 1001 (a) - Bill of Rights, article I, sec. 6 -Pennsylvania Constitution, article V, sec. 14.

Cullinan v. Cullinan, 98 PLJ 310 (1950), 72 PA D&C 146 (1949).

Husband and wife - Property owned as tenants by entireties - Right of one to accounting from other - Separation.

Estate of Newlin, 98 PLJ 187 (1950), 72 PA D&C 446 (1950).

Decedent's estate -Trusts and trustees - Future interests - Rule against perpetuities - Contingent remainders - Void - Residuary legatees - Assignment - Distribution.

Gwillim, et ux. v. Zimmer's Hair Fashion Center, 98 PLJ 441 (1950), 72 PA D&C 465 (1949). Negligence - Beauty School - Injury from permanent wave. Indemnity Insurance co. v. Eazor, 98 PLJ 275(1950), 71 PA D&C 626 (1950).

Insurance - Automobile liability policy - Premiums dependent upon experience - Right of company to pay claim over protest of insured and collect additional premiums - Promise by agent not to settle without notice - Policy provisions.

In Re Amusement Taxes at State Teachers' College, 98 PLJ 239 (1950), 70 PA D&C 573 (1950).

Taxation - Admission or amusement tax - Function sponsored by State Teachers' College - Tax imposed by subdivision of Commonwealth - Federal tax.

135

Marie Realty, Inc. v. Hanover Fire Insurance Co., 98 PLJ 323 (1950), 72 PA D&C 94 (1950).

Insurance - Construction of policy - Exclusion of damage from falling object - Damage caused by rock sliding against equipment.

1951 Abrams v. Homewood Bank of Pittsburgh, 99 PLJ 190 (1951), 76 PA D&C 557 (1951).

Banks and banking - Stop payment order on check - Exacting release of liability for inadvertent payment - Validity - Lack of consideration - Construction - Payment trough gross negligence.

Commonwealth v. Goffort, 99 PLJ 109 (1951), 76 PA D&C 277 (1951).

Motor vehicles - Operator's license - Suspension - Failure to satisfy judgement - Uniform Automobile Liability Security Act of May 15, 1933, as reenacted and amended - Mandatory duty to act upon receipt of prothonotary's certificate - Farm tractor as motor vehicle.

Crucible Steel Co. v. Nachtman, 99 PLJ 25 (1951), 75 PA D&C 156 (1950).

Practice - Foreign attachment - Jurisdiction - Necessity for defendant's property in hands of garnishee - Method of raising defense - Motion to quash for want of jurisdiction under Act of march 5, 1925 - Procedure under Foreign Attachment Act of June 13, 1836 - Unconditional sum not yet due.

In Re Public Utility Commission Salary Increases, 99 PLJ 11 (1951), 73 PA D&C 447 (1950).

Public officers - Members of Public Utility Commission - Increase in salaries during term of office - Pennsylvania Constitution, art. III, sec. 13 - Act of March 31, 1949.

Papoulas v. West Penn Aviation, Inc, 99 PLJ 53 (1951), 75 PA D&C 293 (1950).

Negligence - Contributory negligence - Alighting from airplane - Injury by propeller - Windy day - Instructions to alight - Printed warnings.

Slater v. Baldige, 99 PLJ 89 (1951), 74 PA D&C 447 (1950).

Landlord and tenant - Rental over charges - Action to recover treble damages - Failure to consider limitations - Institution of action pending negotiations for adjustment - Housing and Rent Act of June 30, 1947, sec. 205 - Controlled Housing Rent Regulation, sec. 825.5.

Smith v. Lawyers Title Insurance Corp., 99 PLJ 197 (1951), 76 PA D&C 88 (1951).

Insurance - Title insurance - Property subject to two mortgages - Foreclosure on first - Repurchase of property by mortgagor - Obtaining of insurance - Subsequent entry of judgement on bond securing second mortgage - Liability of title company - Act of April 30, 1929, sec. 1 - Title in name of joint tenants with right of survivorship - Right of one to maintain action on policy.

136

1952 (NOTE- 78 PA D&C missing from the shelf) Allegheny Police Pension Fund v. Dinan, 100 PLJ 5 (1952), 79 PA D&C 566 (1951).

Police officers - County treasurer - Disposition of funds received from State Treasurer under Act of May 10, 1951 - Duty to turn over to police pension fund - Standing to question without validity of payment - Mandamus.

Favorite v. Diulus Construction Co., 100 PLJ 36 (1952), 79 PA D&C 400 (1951).

Real property - Damage caused by landslide - Liability - Fill on higher ground - Necessity for proving negligence - Measure of damages - Destruction of house - Inadequacy of verdict.

In Re Judges' Salaries, 100 PLJ 69 (1952), 80 PA D&C 93 (1951). Judges - Salaries - State judges - Method of payment - Computation. Patrick v. South Pittsburgh Water Co., 100 PLJ 169 (1952), 80 PA D&C 253 (1952).

Practice - Order joining additional defendant - Expiration of 60 days - Absence of supporting petition - Rescission - Standing of additional defendant to file preliminary objections - Pa.R.C.P. 2252 and 2253.

Ross Township v. Hanlon, 100 PLJ 140 (1952), 80 PA D&C 581 (1952).

Practice -Appeal from sewer assessment - Necessity for filing exceptions - First Class Township Code of June 24, 1931, sec. 1945 - Constitution, art. XVI, sec. 8.

Thomas v. McLean Coal Co., 100 PLJ 51 (1952), 79 PA D&C 492 (1951).

Limitation of actions - Tolling - Filing of praecipe for writ in prothonotary's office - Failure to serve within 30 days - Reissuance after running of statute on original cause of action - Pa.R.C.P. 1007, 1009, and 1010.

1953 (NOTE- 84 PA D&C missing from the shelf) Commonwealth v. Zeidenstein Brothers, 101 PLJ 265 (1953), 85 PA D&C 397 (1952).

Food - Criminal offense - Potatoes - Improper grading - Exposure for sale - Sufficiency of evidence - Act of May 21, 1943 - Sufficiency of title - Constitution, art. III, sec. 3.

Connolly, et al. v. Bell Telephone Co., 101 PLJ 57 (1953), 83 PA D&C 342 (1952).

Damages - Amount - Permanent injuries to six-year-old child - Change in personality - Permanent condition - Excessive verdict - Reduction.

137

Gravity Fill, Inc. v. Pennsylvania Turnpike Commission, 101 PLJ 235 (1953), 85 PA D&C 190 (1953).

Eminent domain - Pennsylvania Turnpike - Right of property owner to detention money - Effect of filing bond.

H.J. Heinz Co. v. City of Pittsburgh, 101 PLJ 181 (1953), 85 PA D&C 179 (1953).

Taxation - Mercantile license tax - Right to provide for refund of taxes overpaid - Statute authorizing penalties - Appeal from assessment - Obtaining reduction - Liability for interest and penalties.

In Re Application for Jocarrd Club, 101 PLJ 203 (1953), 85 PA D&C 88 (1953).

Corporations - Application for incorporation of nonprofit corporation - Burden of proving propriety - Statement of purpose - Nonprofit Corporation Law - of May 5, 1933, sec. 203, subdiv.3.

In Re Multiple Line Insurance Cos., 101 PLJ 355 (1953), 85 PA D&C 259 (1953).

Insurance - Insurance Company Law of May 17, 1921, sec. 202(f) - Multiple Line Amendment of April 20, 1949 - Privileges and Obligations of domestic mutual fire insurance and casualty insurance companies - Maintenance of unearned premium reserves - Filing of rates - Submission of policy forms for approval - Licensing of agents - Casualty and Surety Rate Regulatory Act of June 11, 1947 - The Fire Marine and Inland Marine Rate Regulatory Act of June 11, 1947.

In Re State Income Tax, 101 PLJ 291 (1953), 85 PA D&C 353 (1953).

Taxation - State income tax - Constitutionality - Tax imposed upon Federal income tax liability.

In Re Volpe's Appeal, 101 PLJ 117 (1953), 85 PA D&C 21 (1953).

Taxation - Mercantile license tax - Place of amusement - concessionaire - Operation of coin - Operated music boxes and game machines - School Mercantile License Tax Law of June 20, 1947, sec.1(7), as amended - Regulations, art. 2(b).

Quashnock v. Sigmond, 101 PLJ 348 (1953), 85 PA D&C 584 (1953).

Townships - first class - President of board of commissioners - Removal - Pennsylvania Constitution, art. VI, sec. 4.

South Hills Co. v. Kelly, 101 PLJ 327 (1953), 85 PA D&C 495 (1953).

Mechanics' liens - Subcontractor - Failure to file within prescribed period - Effect of noncompletion of contract.

Tranter Manufacturing Co. v. Shaler Township School Districts, 101 PLJ 363 (1953), 85 PA D&C 577 (1953). Contracts - Bid for municipal contract - Mistake - Patent ambiguity - Effect of acceptance. 1954 Commonwealth v. Moore, 102 PLJ 361 (1954), 89 PA D&C 478 (1954).

Motor vehicles - Operator's license - Suspension - Failure to pay judgement arising out of automobile accident - Accident before effective date of the Motor Vehicle safety

138

Responsibility Act of June 1, 194, as amended - Judgement entered after effective date of act - Change in forum of appeal - Necessity that appeal be brought in Dauphin County - Motor Vehicle Liability Security Act of may 15, 1933.

Estate of Wagner, 102 PLJ 5 (1954), 86 PA D&C 454 (1953).

Decedents' estates - Tentative inter vivos trust - Liability for claims against estate - Jurisdiction - Consent of parties - Necessity for actual possession by personal representative.

Sisters of Mercy v. American Telegraph & Telephone Co., 102 PLJ 378 (1954), 89 PA D&C 559 (1954).

Real property - Right of telephone and telegraph corporation to use land acquired by eminent domain for television transmission purposes - Public use of land - Scope of business - Judicial notice - Act of April 29, 1874 as amended - Act of June 5, 1947.

Wilkes v. Stanley Co. of America, 102 PLJ 70 (1954), 87 PA D&C 428 (1953).

Negligence - Falling object - Evidence - Sufficiency - Doctrine of exclusive control - Damages.

1955 Commonwealth v. Linn, 103 PLJ 153 (1955), 3 PA D&C 2nd 417 (1954).

Constitutional law - Criminal procedure - Trial by jury - Commitment to mental institution on recommendation of board appointed under Mental Health Act of June 12, 1951, as amended.

Oakmont Realty Co. v. Oakmont School District, 103 PLJ 241 (1955), 3 PA D&C 2nd 667 (1954). Mandamus - Action to compel taxing body to convey land - Ministerial act - Discretion. Policemen's Pension Fund Board v. Frey, 103 PLJ 429 (1955), 2 PA D&C 2nd 38 (1954).

Public officers - Pittsburgh City Controller - Membership on board of managers of police pension fund - Right of deputy to act in event of disability - Acts of May 21, 1931, and May 22, 1935.

Wally v. Lehr, 103 PLJ 28 (1955), 2 PA C&D 2nd 722 (1954). Real property - Deed to husband and wife and third party - Estates created.

139

1956 Bartram v. Stardrill-Keystone Co., 104 PLJ 221 (1956), 7 PA D&C 2nd 220 (1956). Corporations - Objections to merger - Action by dissenting shareholder to obtain payment

of fair value of shares - Notice of intention - Business Corporation Law of May 5, 1933, sec.908, as amended.

Batykefer v. Batykefer, 104 PLJ 55 (1956), 7 PA D&C 2nd 59 (1956).

Real property - Tenancy by the entireties - Original purchase prior to 1927 - Effect of sheriff's sale and purchase after 1927 - Effect of continued occupancy - Divorce - Petition for partition - Act of May 10, 1927, as amended.

Estate of McCloskey, 104 PLJ 191 (1956), 6 PA D&C 2nd 97 (1956).

Decedents' estates - Probate of will - False representation by beneficiary that will had been destroyed - Trustee ex maleficio.

Federation of Salaried Unions v. Westinghouse, 104 PLJ 149 (1956), 7 PA D&C 2nd 281 (1956).

Practice - Joinder of plaintiffs - Spurious class actions - Union joining with individuals in suit against industry - Effect on individuals not appearing as such - Pa.R.C.P. 213(a), 2229(a), and 2230(a) - Uniform Declaratory Judgements Act of June 18, 1923, as amended.

Haller v. Mt. Lebanon Parking Authority, 104 PLJ 229 (1956), 7 PA D&C 2nd 146 (1955).

Eminent domain - Parking authority condemning land for use as parking lot - Exemption from condemnation - Property used as storage facility for garage doing repair work - Property sporadically used by permittees, licensees and trespassers - Raising questions of law not previously raised - Timeliness - Necessity of chancellor adopting requests - Parking Authority Law of June 5, 1947, as amended - Pa.R.C.P. 1518.

Heyison v. Taylor, 104 PLJ 207 (1956), 7 PA D&C 2nd 176 (1956).

Pleadings - Preliminary objection to complaint in trespass - Action by partners for injury to partnership resulting when one partner was injured - Remoteness.

Holland Furnace Co. v. Hasso, 104 PLJ 81 (1956), 6 PA D&C 2nd 672 (1956).

Judgements - Confession on warrant of attorney - Necessity of averment or affidavit of default - "In case of default" - Failure to fill in blanks in contract.

Huckestein v. Jourdan, 104 PLJ 322 (1956), 7 PA D&C 2nd 539 (1956).

Practice - Joinder of parties - Additional defendant - Trespass action - effect of oral contract.

Konopka v. Pittsburgh Coke & Chemical Co., 104 PLJ 31 (1956), 5 PA D&C 2nd 472 (1955).

Pleading - Additional defendants - Joinder - Sixty-day limit - Amendment of complaint - Statute of limitations - Pa.R.C.P. 2253.

140

Meyer v. Morris, 104 PLJ 298 (1956), 7 PA D&C 2nd 589 (1956). Pleadings - Trespass for personal injuries - denial of control of premises - New matter - Lease as defense - Pa.R.C.P. 1030.

Muir v. Neisner Bros., Inc., 104 PLJ 240 (1956), 6 PA D&C 2nd 581 (1955).

Pleadings - Preliminary objections - Tort action against employer for negligently causing psittacosis - Motion for more specific pleading - Cause of action - The Pennsylvania Occupational Disease Act of June 21, 1939, as amended.

Perkins v. Pittsburgh Railways Co., 104 PLJ 283 (1956), 6 PA D&C 2nd 655 (1956).

Discovery - Written interrogatories to adverse party - Sanctions for refusal to answer - Failure to provide adverse party with copy of prior written statement - Pa.R.C.P 4011(a).

Roe v. Moon Township, 104 PLJ 177 (1956), 7 PA D&C 2nd 44 (1956).

Municipal corporations - enjoining township supervisors - Zoning - Ordinance - Prematurity - Appeal - Equity jurisdiction - Taxpayers' class suits.

Rosenbaum Co. v. Tomlinson, 104 PLJ 309 (1956), 7 PA D&C 2nd 500 (1956).

Discovery - Establishing cause of action - Privilege against self-incrimination - statute of limitations on crime having expired - Pa.R.C.P. 4011(c).

Schwartz v. Helwig Pontiac Co., 104 PLJ 407 (1956), 7 PA D&C 2nd 586 (1956).

Practice - Information for preparation of complaint in assumpsit - accounting for profits - Right to inspect books and records.

Springdale Volunteer Fire Department v. Stoup, 104 PLJ 91 (1956), 5 PA D&C 2nd 609 (1955).

Boroughs - Power of burgess in confirming nomination of special fire policeman - Discretion - Best interest of borough - Act of June 18, 1941, sec. 1, as amended.

St. John's Church v. Equitable Gas Co., 104 PLJ 87 (1956), 5 PA D&C 2nd 655 (1955).

Limitation of actions - Negligent installation of pipeline - Injury to adjoining property - Time action accrues.

Vento v. Pittsburgh Railways Co., 104 PLJ 45 (1956), 4 PA D&C 2nd 791 (1955).

Discovery - Interrogatories - Names of witnesses - Whereabouts of possible witnesses - Pa.R.C.P. 4007(a). Weshner v. Conn, 104 PLJ 226 (1956), 6 PA D&C 2nd 585 (1955). Parties - Intervention - Replevin of dog - Charity retaining title to dog - Charity placing dog - Original owner bringing action - Pa.R.C.P. 2327.

Wood Refrigerating Co. v. Preston, 104 PLJ 301 (1956), 7 PA D&C 2nd 648 (1956).

Execution - Garnishment - Municipal corporations - Immunity - Governmental and propriety functions.

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1957 Balestrino v. Balestrino, 105 PLJ 47 (1957), 8 PA D&C 2nd 687 (1956).

Execution - Real estate - Entireties - Court order - Counsel fees and alimony pendente lite - Default - Execution by wife - Subsequent payment of arrearages - Discharge of levy - Act of May 24, 1923.

Brunwasser v. Dessy, 105 PLJ 71 (1957), 8 PA D&C 743 (1956).

Debtor and creditor - Debtor's exemption - Court approval - Petition to set aside - Dismissal.

Carroll v. Erdman, 105 PLJ 13 (1957), 8 PA D&C 2nd 39 (1956).

Mandamus - Refusal of justice of the peace to issue subpoena - Penal nature of prosecution under borough tax ordinance - Constitution of Pennsylvania, art. I, sec. 9 - Act of June 8, 1893.

Commonwealth v. Griffin, 105 PLJ 126 (1957), 10 PA D&C 2nd 223 (1956).

Criminal procedure - Motion to quash indictment - Failure of arresting officer to furnish copy of information to defendant - Procedural defect - Remedy - Habeas Corpus Act of May 25, 1951.

Commonwealth ex rel. Klee v. Devlin, 105 PLJ 109 (1957), 10 PA D&C 2nd 350 (1956).

Criminal procedure - Extradition - Nonsupport - Habeas corpus - Submission by relator to jurisdiction of local courts - Subsequent attempt to extradite relator - Continued compliance with orders of court.

Feldman v. Seligman & Latz, Inc., 105 PLJ 199 (1957), 9 PA D&C 2nd 394 (1957).

Practice - Discovery - Depositions - attending physicians - Medical reports - Pa.R.C.P. 4007, 4011, 4011(d).

Holland v. McArdle, 105 PLJ 65 (1957), 9 PA D&C 2nd 165 (1957).

Torts - Release - Joint tortfeasors - Construction - Uniform Contribution Among Tortfeasors Act of July 19, 1951.

Iron & Glass Dollar Bank v. Siesal Construction Co., 105 PLJ 143 (1957), 10 PA D&C 2nd 500 (1957).

Taxation - Federal lien for unpaid taxes - priority of Federal lien over claim of assignee - Internal Revenue Code of August 16, 1954.

Miller v. Gianello, 105 PLJ 92 (1957), 8 PA D&C 2nd 519 (1956).

Appeal and error - Certiorari to magistrates - Affidavit of writ - Motion to quash - Acts of March 20, 1810, February 3, 1817 and May 22, 1895.

Skidmore v. Quell, 105 PLJ 77 (1957), 8 PA D&C 2nd 501 (1956).

Release - Agreement of sale of real estate - Return of down money - Exclusion of parol evidence - Petition to open judgement.

142

1958 Commonwealth v. McClimans, 106 PLJ 268 (1958), 11 PA D&C 2nd 477 (1957).

Motor vehicles - Information charging summary violations of The Vehicle Code of May 1, 1929 - Action before justice of peace of borough other than that in which offenses allegedly occurred - Absence of jurisdictional statement - effect.

Kaczmarkiewicz v. J.A. Williams Co., 106 PLJ 1 (1958), 13 PA D&C 2nd 14 (1957).

Sales - Action for breach of implied warranty against remote vendor - Non-food item - Privity of contract - Necessity - Uniform Commercial Code of April 6, 1953.

Keating v. Craig, 106 PLJ 43 (1958), 13 PA D&C 2nd 663 (1957).

Execution - Sheriff's sale of real estate - Distribution of proceeds - Priority of liens - Effectiveness of liens - Jurisdiction - Fraudulent conveyance - Act of June 16, 1836, sec. 86 - Uniform Fraudulent Conveyance Act of May 21, 1921, sec. 9.

Orris v. Pennsylvania Power Co., 106 PLJ 147 (1958), 14 PA D&C 2nd 254 (1958).

Process - Unregistered foreign corporation - Joinder as additional defendant - Action not instituted in cause of action county - Effect - Business Corporation Law of May 5, 1933.

Parkman v. Brosman, 106 PLJ 298 (1958), 14 PA D&C 2nd 668 (1958).

Execution - Sheriff's sale - Federal tax liens - Act of June 25, 1948 - Failure to join United States as party - right of debtor to have sale set aside.

Pines Plaza Bowling Inc. v, Rossview, Inc., 106 PLJ 375 (1958), 14 PA D&C 2nd 459 (1958).

Landlord and tenant - Lease of premises for bowling alleys - Provision as to date when available - Breach - Lessee's entry into possession - Claim for less of profits and rental payments - Preliminary objection in nature of demurrer.

Reiter v. Shafer, 106 PLJ 41 (1958), 13 PA D&C 2nd 10 (1957).

Judgements - Execution of real estate - Perfecting deficiency - Appraisal of fair value of property by court - Time limitation - Satisfaction of judgement - deficiency Judgements Act of July 16, 1941, as amended May 27, 1943.

1960 Anti-Pollution Laws, 108 PLJ 358 (1960), 21 PA D&C 2nd 273 (1960).

State government - Pollution of streams - Fish Law of December 15, 1959 - Act of June 22, 1937 - Prosecution for offenses under both acts - Application to municipalities.

Benaquista v. Hardesty & Associates, 108 PLJ 11 (1960), 20 PA D&C 2nd 227 (1959).

Trespass - Property right in architectural sketch - Wrongful publication - Exemplary damages.

143

Construction Ind. Insurance Fund v. Smith & Co., Inc., 108 PLJ 115 (1960), 21 PA D&C 2nd 400 (1959).

Contracts - Labor-management agreement - Establishment of wages and hours in specified counties - Trust fund for employees - Payment by employers where work done outside specified counties.

Maglin v. Weinberg, 108 PLJ 214 (1960), 21 PA D&C 2nd 630 (1959).

Landlord and tenant - Exculpatory clause in lease - Construction - Effect of municipal ordinance on lease.

1961 Mullholland v. Pittsburgh National Bank, 109 PLJ 12 (1961), 23 PA D&C 2nd 433 (1960).

Trusts - Inter vivos deed of trust - Complaint in common pleas alleging invalidity - Jurisdiction - Orphans' Court Act of August 10, 1951.

1962 Associates Discount Corp. v. Hayden, 110 PLJ 105 (1962), 27 PA D&C 2nd 335 (1962).

Attorneys - Attorney employed on salary basis - Right to represent employer in confession of judgement matter - Attorney fee - Conflict of duties.

Donofrio v. DeFazio, 110 PLJ 281 (1962), 28 PA D&C 2nd 769 (1962).

Trial - Personal injury action - Insurance company employee on jury - Effect - Findings of jury - Reasonableness.

First National Bank, Altoona v. Brown, 110 PLJ 214 (1962), 27 PA D&C 2nd 569 (1961).

Liens - Priority - Lien for unpaid sales taxes - Prior recorded mortgage - Foreclosure - Exceptions to sheriff's schedule of distribution - Selective Sales and Use Tax Act of March 6, 1956 - The Fiscal Code of April 9, 1929 - Act of March 21, 1945 - Statutory Construction Act of May 28, 1937.

Kessler v. Green Co., Inc., 110 PLJ 168 (1962), 28 PA D&C 2nd 186 (1962).

Statute of Frauds - Oral contract for sale of securities - Enforceability - Uniform Commercial Code, sec. 8 - Raising defense by preliminary objections.

144

1963 Commonwealth v. McNair, 111 PLJ 95 (1963), 29 PA D&C 2nd 585 (1962).

Criminal procedure - Indictment for intent to kill - Acquittal - Later death of victim - Subsequent indictments for murder and manslaughter 0- Res judicata.

Exchange Casualty and Surety Co. v. Pennsylvania Threshermen and Farmers' Mutual Casualty Insurance Co., 111 PLJ 450 (1963), 31 PA D&C 2nd 565 (1962).

Insurance - Automobile liability policies - operation of taxicab service and bus route - Separate insurers - Passenger injured on bus route - Contribution as between insurers.

Estate of Jones, 111 PLJ 239 (1963), 29 PA D&C 2nd 437 (1962). Decedents' estates - Testamentary trusts - Rule against perpetuities - Remainder gifts. Fleischut v. Township of Mount Lebanon, 111 PLJ 225 (1963), 29 PA D&C 2nd 573 (1962).

Municipal corporations - Townships - Assessment of costs for road improvement - Abutting owners - Owners not abutting on drainage improvements - Liability for costs - First Class Township Code of June 24, 1931.

Ginsburg v. Hilsdorf, 11 PLJ 203 (1963), 30 PA D&C 2nd 384 (1962). Attachment execution - Remainder interest under wills and deed of trust - Vested

remainders - Effect of spendthrift trust provision. Goodie-Bar Ice Cream Co., Inc. v. Brackenridge Borough, 111 PLJ 439 (1963), 31 PA D&C 2nd 704 (1963).

Municipal corporations - Borough ordinance regulating transient merchants - Applicability to vendor of milk products - Ringing of bells on trucks as disorderly conduct - The Borough Code of May 4, 1927.

Hanna v. Tremarco Corp., et al., 111 PLJ 304 (1963), 31 PA D&C 2nd 161 (1963).

Vendor and purchaser - Agreement to purchase real estate - Conditioned upon obtaining building permit - Refusal of municipal authority to issue permit - Right to terminate agreement.

Metropolitan Bond Co. v. Atlas Paste Co., Inc., 111 PLJ 421 (1963), 31 PA D&C 2nd 656 (1963).

Execution - Sheriff's sale on real estate - Right of purchaser to void lease of insolvent tenant - Distribution of rents - Act of June 16, 1836.

Pambosh Industries, Inc. v. Pittsburgh Western Land Co., 111 PLJ 327 (1963), 30 PA D&C 2nd 712 (1963).

Replevin - Action without bond - Landlord's distraint - Equipment used by tenant for manufacturing purposes - Landlord and Tenant Act of April 6, 1951, secs. 306 and 404.

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1964 Berger v. Noroski, 112 PLJ 343 (1964), 33 PA D&C 2nd 520 (1964).

Real property - Partition - Defense of resulting trust - Statute of frauds - Limitations - Estoppel.

Socony Mobil Oil Co., Inc. v. Zoning Board of Adjustment of Ross Township, 112 PLJ 335 (1964), 33 PA D&C 2nd 419 (1964).

Municipal corporations - Zoning - Ordinance - Provision for operation of gas service station - Necessity for consent of neighboring owners - Variance.

1965 Allshouse et al. v. City of Pittsburgh, et al., 113 PLJ 281 (1965), 37 PA D&C 2nd 27 (1965).

Municipal corporations - Trespass - Failure of claimants to give statutory notice - Reasonable excuse - Burden of showing - Act of July 1, 1937.

Cities Service Oil Co. v. Union Real Estate Co., et al., 113 PLJ 51 (1965), 36 PA D&C 2nd 1 (1964).

Real property - Restrictive covenant in leases - Validity of restraint - Shopping center - Covenant against use as a gasoline service station.

Commonwealth v. Cunningham, 113 PLJ 156 (1965), 35 PA D&C 2nd 527 (1964).

Crimes - Possession of unplanted fertile marihuana seeds - Drug, Device and Cosmetic Act of September 26, 1961 - Act of May 26, 1939 - Statutory construction.

Commonwealth ex rel. Garrett v. Botula, et al., 113 PLJ 345 (1965), 37 PA D&C 2nd 646 (1965).

Crimes - Vacancy - Conviction by magistrate on his own view - Necessity that vagrant be a nonresident, beggar or loiterer - Magistrate's hearing - Absence of sworn testimony - Act of May 8, 1876, sec. 2 - Validity.

Continental Casualty Insurance Co. v. Aetna Casualty & Surety Co., 113 PLJ 40 (1965), 33 PA D&C 2nd 293 (1963).

Insurance - Automobile accident insurance - Two policies each containing excess clauses - Mutually repugnant - Coverage on each policy applied equally.

Deshong v. Cody, 113 PLJ 86 (1965), 36 PA D&C 2nd 109 (1964).

Attachment execution -Property subject to attachment - Shares of corporate stock - How attached - Diligence in prosecution.

Dillon v. 719 Liberty Avenue Corp., 113 PLJ 45 (1965), 36 PA D&C 2nd 47 (1964).

Mandamus - Action for examination of corporate books and records - Petition to require plaintiff to post bond - Refusal.

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Forsythe v. Wohlfarth, 113 PLJ 302 (1965), 35 PA D&C 2nd 785 (1964).

Negligence - Death of pedestrian at street intersection - Right of way - Control of car - Contributory negligence - Question for jury.

Graham v. Peoples Natural Gas Co., 113 PLJ 423 (1965), 35 PA D&C 2nd 717 (1965).

Practice - Discovery - Written interrogatories to corporate defendant - Method of securing Information as to circumstances of accident - Cumulative knowledge of corporate employees - Pa.R.C.P. 4005, 4011(d).

Hoffman v. Snack, 113 PLJ 206 (1965), 37 PA D&C 2nd 145 (1964). Practice - Discovery - Intervention Assignee of financial agreement - Status of general creditor only - Pa.R.C.P. 2327 - Uniform Commercial Code of April 6, 1953, sec. 9 - 306(2). Klein v. Wilson, 113 PLJ 147 (1965), 36 PA D&C 2nd 407 (1964).

Judgements - Warrant of attorney to confess - Alternative remedies - Confession of money judgement and judgement in ejectment in one action - Excessive use of authority.

Snider v. McKean, et al., 113 PLJ 263 (1965), 36 PA D&C 2nd 203 (1964).

Trespass - Interference with business relationship - Privilege - Proper party plaintiff - Preliminary objections.

Supan v. Oriole Motor Coach Lines, 113 PLJ 561 (1965), 37 PA D&C 2nd 638 (1965).

Equity - Unjust enrichment - Third party beneficiary - Intention of parties - Agreement for severance pay to former corporate officer- Practice - Trespass - Intervention - Assignee of financing agreement - Status of general creditor

Talley v. Ford, 113 PLJ 70 (1965), 35 PA D&C 2nd 777 (1964).

Practice - Discovery - Inspection - Requiring party to reenact operation of vehicle at scene of accident - Pa.R.C.P. 4009(2).

1966 Aul, Admx. v. Associated Transport Inc., 114 PLJ 16 (1966), 38 PA D&C 2nd 163 (1965).

Practice - Wrongful death action - Law of place of injury - Pleading - Amendment - Mistake in averring place of injury and applicable law.

Continental National Insurance Group v. Ohio Farmers Insurance Co., 114 PLJ 328 (1966), 39 PA D&C 2nd 747 (1966).

Insurance - Automobile liability policies - Coverage under two policies - Right to contribution.

Creasy v. Commonwealth, 114 PLJ 105 (1966), 39 PA D&C 2nd 12 (1965).

Eminent domain - Requirement that judge accompany jury on view - Validity - eminent Domain Act of June 22, 1964, sec. 703 - Pennsylvania Constitution, art. III, sec. 7.

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Davis v. Pennzoil Co., 114 PLJ 82 (1966), 38 PA D&C 2nd 289 (1965).

Practice - Nonresident plaintiff - discovery by defendant - Failure to offer reimbursement for travel expenses - Protective order - Pa.R.C.P. 4011(b).

In Re: Duquesne Appeals from County Board of Elections, et al., 114 PLJ 244 (1966), 39 PA D&C 2nd 545 (1965).

Elections - Appeal from county board of elections - Spoiled ballots - Absentee ballots - Absence for business or other reasons - Physical disability - Necessity for physician's certificate - Act of August 13, 1963, sec. 20.

Ginsburg v. Hilsdorf, et al., 114 PLJ 41 (1966), 38 PA D&C 2nd 255 (1965).

Practice - Discontinuance of action without leave of court - Petition to strike off discontinuance - Pa.R.C.P. 229(c).

Hinnau v. City of Pittsburgh, 114 PLJ 198 (1966), 39 PA D&C 2nd 520 (1965). Real property - Tax sale - Petition for redemption - Timeliness - Act of July 5, 1947. Kessler v. M.J. Greene Co., 114 PLJ 316 (1966), 39 PA D&C 2nd 717 (1966).

Statute of frauds - Unenforceable oral contract - recovery in quantum meruit - Lis pendens.

Morehead v. Overton, 114 PLJ 200 (1966), 39 PA D&C 2nd 595 (1965).

Husband and wife - Real property on divorce - Accounting for rents - Voluntary payment of taxes by one party - Deduction for expenses incurred - Act of May 17, 1949.

Mountcastle, et ex. v. Schumann, et ux., 114 PLJ 221 (1966), 39 PA D&C 2nd 522 (1965).

Landlord and tenant - Distraint - Distress proceedings conducted "irregularly" or "oppressively" - The Landlord and Tenant Act of April 6, 1951, sec.312.

Papa v. Pittsburgh Penn-Center Corp., 114 PLJ 165 (1966), 38 PA D&C 2nd 756 (1965).

Negligence - Owner of premises - Multiple tenanted building - Fall by business invitee in water covered hallway - Duty of owner - Testimony as to prior fall - Admissibility.

Penz v. Stowe Township School Board, 114 PLJ 207 (1966), 39 PA D&C 2nd 562 (1965).

Schools - School district director - Mandamus to compel reinstatement - Subordinate assessor - Incompatibility - Public School Code of March 10, 1949, sec.322 - General County Assessment Law of May 22, 1933.

Redman v. Craig, 114 PLJ 132 (1966), 38 PA D&C 2nd 462 (1965).

Municipal corporations - Second class city - Policeman - Conviction of misdemeanor - Refusal of police trial board to dismiss - Act of July 9, 1963.

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1967 Gaetano et al. v. Sharon Herald Publishing Co., et al., 115 PLJ 110 (1967), 42 PA D&C 2nd 449 (1967).

Practice - Action against corporation - Allegedly libelous publication - Venue - Place where cause of action arose - Pa.R.C.P. 2179(a)3.

Goffner v. Yellow Cab Co., 115 PLJ 60 (1967), 41 PA D&C 2nd 675 (1966).

Evidence - Business record - Admission against party lacking knowledge and control or record - Action for slander - Memorandum in investigative file of insurance company - Derogatory remark attributed to another party - Uniform Business Records as Evidence Act of May 4, 1939.

Hamberg v. Pittsburgh Western Land Corp., 115 PLJ 85 (1967), 41 PA D&C 2nd 591 (1966).

Corporations - Merger - Dissenting shareholder - Late submission of stock for notation of dissent - Business Corporation Law of May 5, 1933, sec.515, as amended.

Kiefer v. The Bell Telephone Co., 115 PLJ 80 (1967), 41 PA D&C 2nd 645 (1966).

Contracts - Public utility providing private service - Agreement for advertisement in telephone classified directory - Exculpation of liability for negligence.

Kline v. Hampton Township, 115 PLJ 131 (1967), 42 PA D&C 2nd 49 (1967).

Municipal corporations - Township board of supervisors - Promotion of police officer at executive meeting - Subsequent ratification at public meeting - Later demotion of officer - Second Class Township Code of May 1, 1933, as amended - Police Tenure Act of June 15, 1951, as amended - Act of June 21, 1957.

Martier v. Equitable Gas Co., et al., 115 PLJ 331 (1967), 42 PA D&C 2nd 572 (1967).

Practice - Tenants by entireties - Joint interest - Compulsory joinder as defendants - Statute of limitations - Pa.R.C.P. 2227 and 2232.

McCormick v. Grunnagle, et al., 115 PLJ 214 (1967), 42 PA D&C 2nd 464 (1967).

Trespass - Malpractice action - Petition to amend complaint after statute of limitations - Change in law - New cause of action.

Petition of Cohen, et al., 115 PLJ 113 (1967), 41 PA D&C 2nd 692 (1967).

Eminent domain - Compensable injury - Certification of area as blighted - Constructive taking - Remedy of owner - Eminent Domain Code of June 22, 1964.

Rosen v. Lufthansa German Airlines, 115 PLJ 140 (1967), 41 PA D&C 2nd 701 (1966).

Practice - Venue - Action for injuries on international flight - Preliminary objections raising Warsaw Convention - Failure to plead whether defense based upon a writing - Pa.R.C.P. 1017 and 1026.

Ryan, et al. v. Hockinberry, 115 PLJ 288 (1967), 42 PA D&C 2nd 578 (1967).

Poor - Commonwealth's claim for assistance - Proceeds of tort settlement - Support for period after settlement - Support Law of June 24, 1937, as amended.

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1968 Brahm, et al. v. Township of McCandless, 116 PLJ 197 (1968), 44 PA D&C 2nd 475 (1967).

Municipal corporations - Drainage system - Alteration of flow - Creation of nuisance - Abatement.

Fidelity & Casualty Co. of New York v. Tortorete, 116 PLJ 188 (1968), 44 PA D&C 2nd 436 (1967).

Practice - Process - Petition by surety for exoneration - Remedy by action in equity - Pa.R.C.P. 1007.

Harrison Music Co. v. Drake, et al., 116 PLJ 18 (1968), 43 PA D&C 2nd 637 (1967).

Execution - Levy on goods subject to bailment lease security agreement - Secured party's right to claim where agreement in default - Pa.R.C.P. 3207 - Uniform Commercial Code of April 6, 1953, secs. 9-311 and 9-503.

Snyder v. Sankey, et al., 116 PLJ 245 (1968), 44 PA D&C 2nd 797 (1967).

Practice - Joinder of additional defendant - Plaintiff defending counterclaim - Pa.R.C.P. 2252.

1969 Estate of Grove, 117 PLJ 369 (1969), 47 PA D&C 2nd 482 (1969) Decedent's Estate - Inheritance tax - Gifts inter vivos - Jointly held safe deposit box. Estate of Hendel, 117 PLJ 412 (1969), 47 PA D&C 2nd 475 (1969) Decedent's Estate - Objections to inventory - Proof of Inter vivos Gift Estate of Mathews, 117 PLJ 223 (1969), 47 PA D&C 2nd 523 (1969).

Decedent's estate - Insolvency - evidence - Business records as evidence - Computer print-out.

Estate of Simpson, 117 PLJ 379 (1969), 47 PA D&C 2nd 723 (1969). Wills - Construction - Rules of construction - Testator's intent - Inconsistent provisions. Estate of Thatcher, 117 PLJ 303 (1969), 47 PA D&C 2nd 712 (1969).

Conflicts of laws - Jurisdiction - Testamentary trusts of movables - Intent of settler - Restatements of conflicts secs. 298 and 299.

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1970 Appointment Viewers, 3rd Ward Borough of Wilkinsburg, 118 PLJ 111 (1970), 49 PA D&C 2nd 550 (1970). Eminent domain - Board of viewers - Discovery procedures. Estate of Wise, 118 PLJ 292 (1970), 49 PA D&C 2nd 82 (1970).

Decedents' estates - Charitable gift - Validity - Gift in prior will - Wills Act of April 24, 1947, sec. 7(1).

Estate of McAuly, 118 PLJ 278 (1970), 49 PA D&C 2nd 407 (1970).

Decedents' estates - Inheritance tax - Property owned by husband and wife - Divorce prior to Act of May 17, 1949 - Death of former husband - Tax on property passing by survivorship to former wife - Inheritance and Estate Tax Act of June 15, 1961.

Estate of Morton, 118 PLJ 117 (1970), 49 PA D&C 2nd 661 (1969).

Decedents' estates - Election to take against will - Invalid decree of divorce by Mexican court - Petition by wife of later marriage to set aside election.

Trust of Kathleen C. Parriott, 118 PLJ 59 (1970), 48 PA D&C 2nd 597 (1969).

Trusts - Petition by donor beneficiary for change of situs - Nonresident settlor - Absence of valid reason for change.

1971 Armstead v. Miller, 119 PLJ 193 (1971), 52 PA D&C 2nd 584 (1971).

Contracts - employment contract - Assignability - Restraint on employment in competing business.

Zasloff v. Westinghouse Electric Co., Inc., 119 PLJ 119 (1971), 52 PA D&C 2nd 550 (1971).

Negligence - action for wrongful death and survival - Employer's alleged negligence in physical examination of employee - Workmen's Compensation Act of June 2, 1915 - Limitations.

1972 Noble v. Sto-Rox School District, et al., 120 PLJ 23 (1972), 55 PA D&C 2nd 611 (1971).

Municipal corporations - Complaint against school district to enjoin proposed construction - Judicial review of legislative functions.

Salov v. Don Allen Chevrolet Co., Inc., et al, 120 PLJ 138 (1972), 55 PA D&C 2nd 180 (1971).

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Sales - Alleged breach of implied warranty - New automobile - Disclaimer of warranty - Conspicuous type - Uniform Commercial Code, sec. 2-316(2).

South Allegheny School District v. South Allegheny Education Association, et al., 120 PLJ 48 (1972), 55 PA D&C 2nd 94 (1971).

Public employees - Representation by collective bargaining agent - Strike while mediation in progress - Act of July 23, 1970, secs. 802, 1002.

Stewart v. Unreal Inc., et al., 120 PLJ 297 (1972), 56 PA D&C 2nd 636 (1972). Practice - Discovery - Statement obtained in anticipation of litigation - Pa.R.C.P. 4011. 1973 Behrend v. Bell Telephone Co. of Pennsylvania, 121 PLJ 439 (1973), 60 PA D&C 2nd 734 (1973).

Public utilities - Telephone company - Omission of subscriber's name from telephone directory - Damages - Provisions of tariff exempting utility from liability - Section 1310 of Public Utility Code of May 28, 1937.

Condemnation by General State Authority of Property of Scott, et al., 121 PLJ 173 (1973), 60 PA D&C 2nd 766 (1973).

Eminent domain - Property leased for 99 years - Erection of motel by tenant - Sublease of portion to owner of land - Condemnation - Payment of value estimated by condemnor - Right to possession - disposition of funds - Payment on account - eminent Domain Code of June 22, 1964, secs. 407 and 522.

Limmer v County Bell Cooperative Farmers., 121 PLJ 188, 61 D&C 109 2ND (1973).

Attorneys -Apparent authority - Offer of settlement - Failure to obtain client's home office approval - Acceptance by other party - Enforcement - Local rules of court relating to concilliary conferences.

Love v. Stimple & Ward, 121 PLJ 160 (1973), 61 PA D&C 2nd 9 (1972).

Corporations - Stockholders' agreement -Right of first refusal on shares -Attempt to sell in violation of the agreement - Order to surrender for stamping - Agreement without termination date - Reasonable duration.

Markel v Lang Machine co. Inc., 121 PLJ 191, 62 D&C 2nd 227, (1973).

Practice - Foreign default judgment - Entry in Pennsylvania - Attack on Foreign jurisdiction - Judgment for plaintiff - Remedies of defendants - Direct appeal under Act of May 20, 1891, as amended - Exceptions before court en bank - Letting matter rest.

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McQUueen v United Insurance Company of America., 121 PLJ 251, 65 D&C 2ND 223, (1973).

Arbitration and award - Compulsory arbitration - Failure of plaintiff to appear - Local rules - Effect of finding for defendant as res judicata.

Mechanics, Inc v On-line Systems, Inc., 121 PLJ 270, 63 D&C 2ND 102 (1973).

Contracts - Construction contract - Request for subcontracts - Representation by owner that surety bond will be required of general contractor - Right of subcontractor to rely thereon.

Schwartzmiller, et al. v. School District of the City of Pittsburgh, 121 PLJ 62 (1973), 60 PA D&C 2nd 487 (1973).

Schools - Child residing more than two miles from school - Duty to furnish free transportation - Adequacy - Free pass on public bus - Transfer at point without shelter - Public School Act of 1949, sec. 1362 - Election of parents to send child elsewhere - Right to recover tuition.

Sumerbank v Turkdogan., 121 PLJ 356, (1973) 62 D&C 2ND 615 (1972).

Judgment - Judgment obtained in court of foreign nation - Enforceability in Pennsylvania - Available defenses - Laches.

1974 Barton v Paul. 122 PLJ 321, 66 D&C 2nd 97, (1974) Practice - Action in assumpsit and trespass - Amendments to include in equity. City of Pittsburgh v Montefiore Hospital Association, 122 PLJ 328, 68 D&C 2nd 257, (1974). Taxation - Exemption -Public Charity - Hospital - Gross receipts tax on parking facility. Crawford Estate, 122 PLJ 206, 66 D&C 2nd 697 (1974) Trustees _ Compensation - Individual trustees exercising broad discretion -Charitable

trust Objections of Attorney General. Lemp., Admx. v. Goessling, 122 PLJ 143 (1974), 63 PA D&C 2nd 300 (1973).

Negligence - Pedestrian apparently struck and killed by automobile - Absence of eyewitnesses - Sufficiency of circumstantial evidence.

Miller Estate, 122 PLJ 318, 67 D&C 2nd 159, (1974).

Decedent's estate - Transfer inheritance tax - Teachers Insurance and Annuity Association contract - contract without loan or cash surrender value - Custom of association.

Peabody v Republic Steel Corp., 122 PLJ 359, 69 D&C 2nd 50, (1974).

Parties - Joint tortfeasors - Suits against different defendants arising out of same incident - Consolidation for trial - Settlement with one defendant before trial - Verdict against other

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defendant -Claim of credit for amount of settlement - Absence of adjudication of joint tort-resolution of controversy.

Thomas v Barrett, 122 PLJ 209, 65 D&C 2nd 759, (1974).

Highways - Street in second class township - Liability of township for maintenance - Street not for record - Public use for more than 21 years.

Tiliakos v Duquesne Light Co., 122 PLJ 332, (1974), 68 D&C 2nd 425 (1975).

Workmen's compensation - Conflict of laws - employee of nonresident injured while working in Pennsylvania - State with most substantial contracts.

1975 Associates Consumer Discount Co. v Gabriel, 125 PLJ 159, 72 D&C 2nd 687, (1975).

Limitation of actions - Instruments under seal - Effect of printed word "seal" on form of note.

Buchanan v Brentwood Federal S&L Assn., 123 PLJ 221, 74 D&C 2nd 754, (1975).

Pleading - Preliminary objections to complaint - Delay in filing - Availability of motion for judgment on pleadings.

Crescent Consumer Discount v Monchak, 123 PLJ 15, 74 D&C 2nd 263, (1975).

Bankruptcy and insolvency - Effect of discharge in bankruptcy as to creditor holding security interest in property owned by entireties.

H & B chevrolet-Cadillac, Inc v Boutell Driveway, Inc., 123 PLJ 192, 75 D & C 2nd 401, (1975). Carriers - Tender of delivery - Delivery after normal business hours. Hess v Hess, 123 PLJ 4, 71 D&C 2nd 299, (1975).

Husband and Wife - Support - Procedure - Applicability of Rules of Civil Procedure - Pennsylvania Constitution, Art I sec. 27 - Equal rights - Fourteenth Amendment.

In re Joyce Z. 123 PLJ 131, 4 D&C 3rd 596, (1975).

Incompetents - Mentally retarded dependent and neglected child - Constitutional right to adequate care - Inability of state institutions to provide because of overcrowding - Responsibility for services between and department and county welfare services - Mental Health and Retardation Act of October 20, 1966 - Juvenile Court Law of Allegheny County of June 3, 1933.

In re William J. Dell II, 123 PLJ 170, 1 D&C 3rd 655, (1975). Physicians and surgeons - Refusal of patient to authorize emergency treatment.

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Keenan v Penn Hills School District, 123 PLJ 173, 65 D&C 2nd 767, (1975). Taxation - Per capita school tax - Exemption of persons having annual income less than $2,000 - Status of married woman having no employment outside home.

Minnicks v McKeesport Area School District, 123 PLJ 270, 74 D&C 2nd 744, (1975). North Hills School District v Richards, 123 PLJ 353, 72 D&C 2nd 525, (1975).

Schools - Expulsion of pupil - Violation of school district's drug regulations - Regulation invalid for vagueness - Expulsion not specified as penalty in regulation.

Russell v Pivirotto, 123 PLJ 257, 72 D&C 2nd 318, (1975)

Execution - Sheriff's sale -Real Estate - Multiple postponements - Necessity for notice to defendant.

West Deer Civic Assn. v West Deer Township, 123 PLJ 192, 75 D&C 2nd 611, (1975).

Municipal corporations -Second class townships - Adoption of home rule charter - Effect upon action of supervisors taken subsequent to electoral adoption of charter but prior to effective date.

Wivagg v Duquesne Light Company, 123 PLJ 385, 73 D&C 2nd 694, (1975).

Public utilities - Sale of electric power - Warranties of merchantability and fitness for purpose - Sufficiency of evidence of breach of warranty - Fire in customer's place of business.

1976 Allied Security, Inc. v A & S Security Systems, Inc., 124 PLJ 125, 75 D&C 2nd 627, )1976).

Municipal corporations - Municipal authority - Contract between authority and corporation controlled by employee of creating municipality - Conflict of interest.

Avenue Motor Co. v Emro, 124 PLJ 103, 1 D&C 3rd 157, (1976).

Execution - Garnishment - Pension plan funds -Acts of April 15, 1845, and may 3, 1917, as amended July 15, 1935.

Barno v Farruggia, 124 PLJ 246, 6 D&C 3rd 727, (1976).

Minors - Support - Judgment for arrearages obtained after child of age - Attachment - Acts of April 15, 1845 and May 10, 1921.

Botti v East Pittsburgh Borough, 124 PLJ 276, 3 D&C 3rd 270, (1976).

Police - Furlough of officer for austerity reasons where chief of police eligible for retirement - Borough Code of 1996, secs. 1184 and 1190.

Gasper v Granovitz, 124 PLJ 351, 75 D&C 2nd 212, (1976). Arbitration and award - Appeal and error - Right to withdraw appeal - Duty to file appeal.

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Golden Triangle Broadcasting v Pittsburgh, 124 PLJ 175, 74 D&C 2nd 156, (1976).

Taxation - Municipalities - Business privilege tax - Local Tax Enabling Act - Prohibition against taxing privilege of manufacturing - Television and radio broadcasting as "manufacturing".

Goldsten v Goldstein, 124 PLJ 306, 2 D&C 3rd 509, (1976).

Attorneys -Fees - Charging lien - Order for support arrearages - Assignment and release of portion thereof in payment of counsel fees.

Hampton-Wildwood Corporation v Fox Grocery Company, 124 PLJ 249, 75 D&C 2nd 371, (1976).

Equity - Adequacy of remedy at law - Action to enjoin tenant's alleged breach of lease - "key tenant" in shopping center.

Hekeler v St. Margaret Memorial Hospital, 124 PLJ 119, 74 D&C 2nd 568, (1976).

Limitation of actions - Product liability - Sec. 2-725 of Uniform Commercial Code - Blood transfusion - Act of January 28, 1972 - Retroactivity.

Johnson v Bache Halsey Stuart, Inc., 126 PLJ 370, 7 D&C 3rd 280, (1978).

Securities laws - Employee of broker-dealer - Financial advice incidental to security transaction - Necessity for registering as investment adviser - Pennsylvania Securities Act of December 5, 1972.

Lebeau v. Lebeau, 124 PLJ 1 (1976), 72 PA D&C 2nd 589 (1976).

Attorneys - Privileged communications - Right to depose opposing counsel - Absence of client.

Underwood v. Monte Asti Buick Co., 124 PLJ 217 (1976), 73 PA D&C 2nd 773

(1976). Sales - Automobile - Fraud or concealment - Failure to advise purchaser of previously repaired damage to vehicle - Jurisdiction of equity in action for rescission of contract of sale - Refusal of rescission for purchaser's failure to demand same within reasonable time - Damages.

1977 Collins v Northwestern National Insurance Group, 125 PLJ 147, 2 D&C 3rd 568, (1977).

Insurance - Unfair Insurance Practices Act of July 22, 1974 - Rights of injured party to maintain private action against insurance carrier of party creating the harm - Failure to negotiate settlement in good faith - Role of Insurance Commissioner.

Crescent Township v Crescent-South Heights Municipal Authority, 125 PLJ 343, 11 D&C 3rd 705, (1977).

Constitutional law _ Incompatible public offices - Powers of court of common pleas - Pennsylvania Constitution, Article VI, sec. 2.

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Hommer v Ciamacco, 125 PLJ 236, 2 D&C 3rd 755, (1977). Torts - Alleged conspiracy to procure false prosecution witnesses for plaintiff's criminal trial - Civil action for perjury.

Houston v Tri-State Machinery, 125 PLJ 262, 2 D&C 3rd 796, (1977). Negligence - Assumption of risk - Employee using dangerous machinery. In re Caliguiri, 125 PLJ 244, 4 D&C 3rd 1, (1977)

Elections - Pennsylvania Election Code of June 3, 1937, secs. 977 and 2913(b) and (c) - Time for filing objections to nomination papers - Distinction between political parties and political bodies - Methods of nomination - Time thereof - Effect of agreement not to run in primary.

Marriage of MEW and MLB, 125 PLJ 151, 4 D&C 3rd 51, (1977). Marriage - Adopted children unrelated by blood - The Marriage Law of August 22, 1953. Pittsburgh National Bank v C.I. Mortgage Group, 125 PLJ 99, 2 D&C 3rd 454, (1977).

Properties - Foreign attachment - Entry of bond for release of property - Subsequent holding of unconstitutionality - Rights to cancellation of bond.

Schmitt v Hertz Autovermietung GMBH, 125 PLJ 250, 4 D&C 3rd 527, (1977). Insurance - Uninsured motorists benefits - Limitation to accidents occurring in the United States and Canada - Effect of arbitration provision on jurisdiction of Court - Uninsured Motorist Act of August 14, 1963, as amended.

Waldman v Weisenberger, 125 PLJ 33, 75 D&C 2nd 779, (1997). Trusts - Board powers of administration - Self-dealing. Weiss v Weiss, 125 PLJ 244, 3 D&C 3rd 243, (1977).

Partition - Tangible personal property - Institution by petition - Act of April 27, 1927 - Venue - Failure of record to allege location of property.

1978 All state Industries, Inc. v H.E. Stoudt & Sons, Inc. (No. 1), 126 PLJ 293, 9 D&C 3rd 552, (1978).

Debtor and creditor - Escrow fund composed of contract retainages "to satisfy liens and claims" - Rights of subcontractor and non-subcontractor in the fund.

Canfield v. Canfield, 126 PLJ 19 (1978), 4 PA D&C 3rd 110 (1978).

Partnership - Existence - Purchase of business by husband and wife - Surrounding circumstances.

Capital Consumer Discount Co. v Deak, 126 PLJ 333, 8 D&C 3rd 217, (1978).

Judgments - Confession - Subsequent action in assumpsit - Statute of Limitations - Effect of Federal decisions subsequent to confession but prior to institution of action - Requiring hearing.

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Commonwealth v Brown, 126 PLJ 22, 4 D&C 3rd 457, (1978). Criminal procedure - New trial due to introduction of illegally obtained admissions - Use of defendant's first trial testimony at new trial.

Division 85 of Amalgamated Transit Union v Port Authority of Allegheny County, 126 PLJ 302, 9 D&C 3rd 350, (1978)

Labor - Termination of group insurance during strike - Public Employees Labor Relations Act of July 23, 1970, sec. 1006 - Wage withholdings for insurance premiums paid during strike - Wage Payment and Collection Act of July 14, 1961, sec. 260.1 - Act of July 19, 1951, sec. 539.

Estate of Horvath, 126 PLJ 30 (1978), 4 PA D&C 3rd 148 (1978).

Decedents' estates - Apportionment of Federal estate tax - Mother receiving nonprobate assets - Probate, Estates and Fiduciaries Code of June 30, 1972, sec.3704.

Gardone v. Stilts, 126 PLJ 217 (1978), 6 PA D&C 3rd 481 (1978). Practice - Termination of case for inactivity - Necessity for prior notice - Pa.R.J.A. 1901. Ginsburg v Childs, 126 PLJ 267, 7 D&C 3rd 200, (1978).

Husband and wife - Spouse living separate and apart - Suit by husband against tort-feasor - Joinder of wife as plaintiff to recover reduction in court-ordered support.

Gold & Company, Inc. v. Northeast Theater Corp., et al., 126 PLJ 163 (1978), 5 PA D&C 3rd 442 (1978).

Attorneys - Disqualification - Conflicts of interest - Representation of two real estate brokers - Possible liability of one to the other - Elimination by agreement of parties - Attorney possibly callable as witness.

Hopper, et al. v. Richland Township, et al., 126 PLJ 359 (1978), 6 PA D&C 3rd 96 (1978).

Municipalities - Police force - Second class township with home rule charter - Home Rule Charter and Optional Plans Law of April 13, 1972 - Promulgation of physical fitness manual - Right to suspend, remove or reduce rank for failure to meet requirements - Ability to perform services - Police Tenure Act of June 15, 1951 - Requirement of participation in physical fitness program - Standards for hiring or promotion - Financial incentives - Availability of declaratory judgement.

Johnson v Bache Halsey Stuart, Inc., 126 PLJ 370, 7 D&C 3rd 280, (1978).

Securities Laws - employee of broker-dealer - Financial advice incidental to security transaction - Necessity for registering as investment adviser - Pennsylvania Securities Act of December 5, 1972.

Montgomery v. Montgomery, 126 PLJ 35 (1978), 4 PA D&C 3rd 141 (1978).

Venue - Support proceedings - Institution in county of residence of both husband and wife - Subsequent move of husband to another county - Pa.R.C.P. 1006(d) - Revised Uniform Reciprocal Enforcement of Support Act of December 6, 1972, sec.33.

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Romick v. Plum Borough, et al., 126 PLJ 328 (1978), 6 PA D&C 3rd 793 (1978). Municipalities - Prohibiting taping or recording of council meetings - Constitutionality - First and Fourteenth Amendment to Federal Constitution - Pennsylvania Constitution, art. I, sec.7.

Simko v. Bob Smith Ford, Inc., et al., 126 PLJ 252 (1978), 5 PA D&C 3rd 538 (1978).

Practice - Automobile accident case - Action against manufacturer and seller of car - Joiner of physician and hospital as additional defendants - Necessity for reference to malpractice arbitration panel - Health Care Services Malpractice Act of October 15, 1975, as amended - Original defendant as "representative" of plaintiff.

Tarasi v Pittsburgh National Bank, 126 PLJ 270, 11 D&C 3rd 273, (1978).

Fraud and deceit - Action under Securities Exchange Act of June 6, 1934, sec. 10b-5 - Summary judgment against plaintiff - Effect as res judicata - Requisites - Dropping certain additional defendants - Adding additional defendant in privity with original defendants - Differentiation between section 105-b action and state common law action for fraud and deceit - In pari delicto.

University of Pittsburgh v. Equitable Gas Co., 126 PLJ 213 (1978), 5 PA D&C 3rd 303 (1978).

Utilities - Gas company - Leak from main - Accumulation under plaintiff's property - Explosion - Implied warranty - Strict liability.

Vallino v Columbia Accident & Health Insurance Company, 127 PLJ 1, 6 D&C 3rd 434, (1978).

Insurance - Illegal improper termination of policy - Right to consequential damages - Assumpsit action - Tort liability - Punitive damages - Sufficiency of complaint.

Wagner v. Crucible, Inc., 126 PLJ 173 (1978), 6 PA D&C 3rd 587 (1978).

Master and servant - salary continuation plan - Discharge for alcoholism - Lapse of hospitalization policy - Extent of employer's liability.

Wisniewski v Davis, 126 PLJ 367, 7 D&C 3rd 94, (1978)

State government - employees - Sovereign immunity - Negligence - Non-emergency situation.

1979 Allegheny County Prison Employees' Independent Union v Allegheny County, 127 PLJ 364, 12 D&C 3rd 168, (1979).

Municipalities - Prison guards - Labor dispute with county - Arbitration under 43 P.S. sec. 1101.805 - Binding effect - Enforcement by mandamus - Pennsylvania Constitution, Art. III, sec. 31.

Bolf v. Pennsylvania National Mutual Casualty Insurance Co., 127 PLJ 117 (1979), 9 PA D&C 3rd 125 (1979).

159

Practice - Suit for casualty insurance proceeds - Alleged waiver of policy's timely filing requirements - Joinder of plaintiff's former counsel - Pa.R.C.P. 2252.

Cataldo v. Rick, 127 PLJ 231 (1979), 10 PA D&C 3rd 348 (1979).

Insurance - No-fault - Uninsured wrongdoer - Absence of other coverage - Assignment to insurance company - Right of insurance company to recover subrogation - No-fault Motor Vehicle Insurance Act of July 19, 1974, secs.108 and 501 - Applicable Statute of Limitations.

Goldblum v Insurance Company of North America, 127 PLJ 249, 11 D&C 354, (1979).

Practice - Discovery - Names and addresses of experts not to be called at trial - Pa.R.C.P. 4003.5(a)(3).

Henderson v. Port Authority of Allegheny County, et al., 127 PLJ 291 (1979), 10 PA D&C 3rd 599 (1979).

Practice - Consolidation of actions for losses both covered and not covered by Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974 - Pa.R.C.P. 213.

Iron & Glass Bank v. Franz, et ux., 127 PLJ 66 (1979), 9 PA D&C 3rd 419 (1979).

Debtor and creditor - Default on promissory note arranged by seller of noncommercial goods and services - Buyer-debtor's defenses - Goods and Services Installment Sales Act of October 28, 1966, sec. 1010 - Consumer Discount Company Act of April 8, 1937 - Banks - 16 C.F.R. §433.1 et. Seq. - Pennsylvania Unfair Trade Practices and Consumer Protection Act of December 17, 1968, sec. 2(4)(xvii) - Incorporation of Federal standards on unfair trade practices.

Koch v Galardi, 127 PLJ 332, 11 D&C 750, (1979).

Practice - Personal injury action - Alleged psychological disorder - psychiatric examination - Rights of opposing counsel to be present - Stenographic record of examination.

McFall v. Shimp, 127 PLJ 14 (1979), 10 PA D&C 3rd 90 (1979). Equity - Terminally ill plaintiff - Right to require relative to submit to transplant. Pittsburgh & New England Trucking Co. v. Reserve Insurance Co., et al., 127 PLJ 124 (1979), 7 PA D&C 3rd 576 (1979).

Attorneys - Conflict of interest - Right to continue representation - Question of relative liability between two insurance carriers - Witness changing testimony from prior statement - Discovery of change immediately before trial - Inability to obtain continuance - Election not to participate in trial - Standing to move to disqualify counsel - Joinder of counsel as additional defendant - Malpractice insurance - Right of client to waive disqualification by reason of conflict.

Royak, et ux. V. O'Leska, 127 PLJ 189 (1979), 9 PA D&C 3rd 577 (1979).

Practice - Discovery of plaintiffs' coverage under the No-fault Motor Vehicle Insurance Act of July 19, 1974 - Privilege - Motion to compel answers to interrogatories.

Sabers v American Hoechst, 127 PLJ 251, 11 D&C 3rd 478, (1979). Practice - Discovery - Adverse witness - Corporate party.

160

Smith v. Narques, 127 PLJ 203 (1979), 8 PA D&C 3rd 771 (1979). Negligence - Collision between alighting bus passenger and bicyclist - Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, sec.301 - Abolition of tort liability.

Taglieri v Logansport Machine Co., Inc, 127 PLJ 11, 6 D&C 3rd 716, 1979).

Medical malpractice - Institution of action under Health Care Services Malpractice Act of October 15, 1975, and in court of common pleas on product liability theory - Joinder of additional defendants in court action - Limitation of liability over.

Vallino v Columbia Accident & Health Insurance Company, 127 PLJ 1, 6 D&C 3rd 434, (1979).

Insurance - Allied improper termination of policy - Right to consequential damages - Assumpsit action - Tort liability - Punitive damages - Sufficiency of complaint.

1980 Barber v. Baltimore & Ohio Railroad Co., et al., 128 PLJ 211 (1980), 14 PA D&C 3rd 681 (1980).

Courts - Jurisdiction - Commonwealth as defendant - Waiver of immunity - Practice - Timely notice of injury to Commonwealth - Judicial Code, secs.931, 5110, and 5522.

Boyle v Boyle, 128 PLJ 254, 12 D&C 3rd 767, (1980).

Torts - Protection From Abuse Act of October 7, 1976 - Constitutionality - Deprivation of property without jury trial - Vagueness - Ex post facto application.

Broadie v Hall, 128 PLJ 309, 15 D&C 3rd 182, (1980).

Statutes - simultaneous amendment and repeal of statute - Statutory Construction Act of 1972 sec. 1952 - Civil Procedural Support Law of July 13, 1953 - Amendment of April 28, 1978 - Judiciary Act Realer Act of April 28, 1978.

Firich v. American Cystoscope Makers, Inc., et al., 128 PLJ 151 (1980), 14 PA D&C 3rd 492 (1980). Subject matter jurisdiction - Pennsylvania Health Care Services Malpractice Act. Hennen, et ux. v. Kahn, M.D., 128 PLJ 131 (1980), 14 PA D&C 3rd 194 (1980).

Practice - Service of process - Technical violation of Lamp v. Heyman - Estoppel of defendant to raise statute of limitations defense.

Johnson v Monroeville, 128 PLJ 108, 15 D&C 3rd 722, (1980).

Parties - Standing of local residents to challenge municipality's grant of cable television franchise.

Kinter v. Reliance Electric Co., 128 PLJ 300 (1980), 14 PA D&C 3rd 402 (1980).

Practice - Failure to make discovery - Motion for sanctions - expense of scheduling and preparing for deposition - Award of counsel fee - Pa.R.C.P. 4019(a)(iv),(c)(5) and (g)(1).

Kottler v. Rick, et al., 128 PLJ 51 (1980), 12 PA D&C 3rd 316 (1980).

Motor vehicles - No-fault Motor Vehicle Insurance Act of July 19, 1974, sec.501 - Suit by assigned claims insurer against uninsured owner - Joinder of additional defendant.

161

Ludmer v. Erie Insurance Exchange, 128 PLJ 91 (1980), 12 PA D&C 3rd 454 (1980).

Insurance - No-fault - Service provider - Right to maintain action against insurance carrier.

Maxwell v. Allstate Insurance Co., 128 PLJ 11 (1980), 12 PA D&C 3rd 78 (1980).

Insurance - No-fault - Wage loss basic benefits - Limitations to workmen's compensation benefits - Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, sec.204.

McAnulty v. Pittman, 128 PLJ 396 (1980), 13 PA D&C 3rd 313 (1980).

Workmen's compensation - Fellow employee immunity - Negligence outside defendant's course of employment - Workmen's Compensation Act of June 2, 1915, sec.205.

Tom Mistick & Sons, Inc v Grasha Real Estate, Inc., 128 PLJ 43, 13 D&C 3rd 451, (1980).

Practice - Action to recover deposit - Counterclaim for alleged balance due - Arbitration - Award for defendant on main claim and plaintiff on counterclaim - Appeal by plaintiff - Effect as appeal on counterclaim.

Nationwide Mutual Insurance Co. v. Fandray, 128 PLJ 63 (1980), 12 PA D&C 3rd 65 (1980).

Practice - No-fault Motor Vehicle Insurance Act of July 19, 1974, sec.401 - Petition for physical examination - Good cause.

Rigotti v. J.C. Penney Casualty Insurance Co., 128 PLJ 148 (1980), 13 PA D&C 3rd 472 (1980).

Insurance - No-fault Motor Vehicle Insurance Act of July 19, 1974, sec.106(c)(1) - Necessity of further treatment for victim - Suit more than two years after initial benefits ceased.

Rutherford v. Union Railroad, 128 PLJ 53 (1980), 11 PA D&C 3rd 754 (1980). Practice - Discovery - Action by injured employee - Work record and medical history in

employer's possession. Selck Minnerly Group Inc. v. Matthews International Corp., 128 PLJ 220 (1980), 13 PA D&C 3rd 149 (1980).

Trial - Jury - Defendant's request for jury trial after filing answer - Pa.R.C.P. 126, 248 and 1007.1.

Walsh v. Walsh, 128 PLJ 115 (1980), 12 PA D&C 3rd 587 (1980).

Husband and wife - Interspousal immunity - Abandoned spouse exception - Act of May 1, 1913 - Constitutionality - 1 Pa.C.S.A. §2301(a) - Act of June 8, 1893, as amended.

162

1981 County of Allegheny v Allegheny Court Assoc. of Professional Employees, 129 PLJ 329, 22 D&C 3rd 166.

Courts - Funding - effect of rights of public employees under Public Employee Relations act - Counties - Commissioners - Managerial representatives of judiciary - Hiring, discharging and supervising court personnel as exclusively judicial functions - Collective bargaining - Arbitration award - Advisory - Court to determine need for legislative enactment.

Bonfield v Cassler, Jr., 129 PLJ 215, 16 D&C 3rd 716, (1981). Landlord and tenant - security deposits - Damages to leasehold premises. Butler v Negley House, inc., 129 PLJ 350, 20 D&C 3rd 543, (1981).

Labor - collective bargaining agreements - Suits by individual union members against an employer - Refusal by union to process employee's grievances - Preemption - Retaliation against employee for filing workmen's compensation claim

Collington v Bureau of State Lotteries, et al, 129 PLJ 51, 16 D&C 3rd 520, 1981. Pennsylvania lottery - Gambling debts - Contributory negligence. Commonwealth v Hickton, 129 PLJ 117, 16 D&C 3rd 380, (1981). Criminal procedure - Code of professional responsibility -suppression of district attorneys - Special prosecutors. Commonwealth v McKee, 129 PLJ 180, 19 D&C 3rd 773, (1981).

Criminal procedure, Summary cases - Instituting proceedings - Police officers and private citizens - Citation and complaint - Pa.R.C.P 51.

Commonwealth v Wecht, 129 PLJ 154, 20 D&C 3rd 627, (1981).

Criminal procedure - Grand jury - Quashing of proceedings - Oath of secrecy - Selective prosecution - Burden of proof - Limitation of actions.

Consolidated Rail Corporation v Colville, 129 PLJ 209, 19 D&C 3rd 545, (1981).

Master and servant - Wiretapping and Electronic Surveillance Act, 18 Pa.C.S.A sec. 5701, et seq. - Monitoring device - Rail common carrier - Equitable jurisdiction to restrain criminal prosecution.

Dicarlo, et al v Vincent R. Nese Construction Co., Inc, 129 PLJ 256, 16 D&C 3rd 573, (1981). Primary objections - Joinder - Additional defendants - Timeliness. Fleming Estate, 129 PLJ 465, 18 D&C 3rd 652, (1981). Practice - Discovery of expert evidence in possession of opponent - Pa.R.C.P. 4009. Hartman v McAnallen Corporation, 129 PLJ 299, 18 D&C 3rd 715, (1981).

Torts - Insurance - Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974, sec. 301 - $750 threshold not met at time complaint is filed - Chiropractic service as part of threshold limit.

163

Hopewell v Adebimpe, 129 PLJ 146, 18 D&C 3rd 659, (1981).

Practice - Discovery - Discovery of information concerning allegedly privileged attorney-client communication - Pa.R.C.P 4011(c).

In re: Heym, 129 PLJ 188, 19 D&C 3rd 748, (1981)

Guardians - Testamentary appointment by parent - Best interests of the child - Burden of proof.

Kitchen v Farber, 129, PLJ 198, 20 D&C 3rd 11, (1981).

Practice - Motion for summary judgment - Incomplete discovery - Agency - Apparent authority - Reliance - Burden of proof.

Klein v Klein, 129 PLJ 241, 16 PLJ 3rd 651, (1981). Family law - Support - Divorce code. Maher v Miller, 129 PLJ 343, 18 D&C 3rd 767, (1981).

Attorneys - Torts - Legal malpractice - parties - Joinder - Joinder of plaintiff's present counsel - Disqualification of present counsel - Services of actions - d.r.. 5-101 and 5-102 - words and phrases:Full disclosure.

Meyerl v Meyerl, 129 PLJ 398, 21 D&C 3rd 729, (1981).

Divorce - Divorce Code sec. 201(d) - words and phrases - Separate and apart - Cohabitation - Parties living separate lives in separate portions of same house.

Prem v Johns-manville Products corporation, 129 PLJ 150, 19 D&C 3rd 161, (1981).

Practice - Joinder - Joinder of employer as additional defendant or as plaintiff in employee's negligence action - Workmen's Compensation Act of June 2, 1915,, sec. 303 - Judicial Code, sec. 7102(comparative negligence) - Pa.R.C.P. 2227 and 2229.

Robinson v Cooper-Jarrett, Inc, 129 PLJ 81, 17 D&C 3rd 564, 1981.

Insurance - Workmen's' compensation - Employee injured in motor vehicle accident while operating employer's vehicle - Self-insured employer - Pennsylvania workmen's Compensation Act of June 2, 1915 - Pennsylvania No-fault Motor Vehicle Insurance Act of July 19, 1974.

Stokes v mattie, 129 PLJ 260, 16 D&C 3rd 565, (1981). Discovery - Mental examination - Psychologists. Tell v Pittsburgh Radiator Supply Co., 129 PLJ 321, 20 D&C 3rd 59, (1981).

Municipalities - Legislation - Sex discrimination - Employment discrimination - Pennsylvania Human Relations Act - Local agency law - Same or substantially similar employment.

Ward v Whalen, 129 PLJ 377, 18 D&C 3rd 710, (1981).

Master and servant - labor - Unpaid wages - Bankrupt corporate employer - Liability of corporate officer - Wage payment and Collection Law of July 14, 1961.

Westmoreland v Century III Associates, et al, 129 PLJ 228, 16 D&C 3rd 218, (1981)

164

Preliminary objections - Contract - Mechanics' lien claim - service. 1982 Associated Estates Corp. v. Marsh, 130 PLJ 205 (1982), 21 PA D&C 3rd 720 (1982).

Practice - Security for anticipated costs - Non-resident plaintiff - Authority of prothonotary to issue rule to enter security.

Bonnett v. Ginn, et ux., 130 PLJ 271 (1982), 22 PA D&C 3rd 243 (1982).

Parties - Joinder - Additional defendant - Pa.R.C.P. 2232(c) - Court authorization necessary - Appeal and error - Appeal from justice of the peace judgement - Appeal by one party is an appeal by all.

Carter v. - Leonard, 130 PLJ 39 (1982), 20 PA D&C 3rd 227 (1981).

Practice - Discovery - Corporate duty to furnish discoverable information - Pa.R.C.P. 4005 - Pa.R.C.P. 4011.

Conemaugh Coal & Construction Co. v. Pittsburgh Contractors Equipment Co., 130 PLJ 44 (1982), 22 PA D&C 3rd 720 (1982).

Practice - Discovery - Pa.R.C.P. 4009 - Request for production - Scope of discovery - Beyond the scope of discovery - Translation into English of discoverable documents prepared in another language by adverse party.

Duquesne Light Co. v. Lippert, 130 PLJ 21 (1982), 22 PA D&C 3rd 85 (1982).

Damages - Liability for property damage - Repair of utility pole and restoration of electrical service - Items of damage.

Edinger v Upper Makefield Township, 130 PLJ 513, 25 D&C 3rd 512, (1982).

Employment - Compensation - Overtime - Special agreement necessary - Not considered a fringe benefit

Ferguson v. Redstone Acoustical and Flooring, Inc., et al., 130 PLJ 33 (1982), 21 PA D&C 3rd 475 (1981).

Practice - Discovery - Pa.R.C.P. 4010 - Diagnosis and conclusion of examining physician - Motion to compel production of documents.

O'Brien v Tuttle, 130 PLJ 23, 21 D&C 3rd 319, (1982)

Practice - Attorney -client privilege - Attorney for insurer and insured - Motion to compel production of documents - Pa.R.C.P. 4011(c).

1983 Beneficial Commercial Corp. v. Brueck, et al., 131 PLJ 265 (1983), 23 PA D&C 3rd 34 (1982).

Sales - Breach of warranties - Buyer's notice to seller, 13 Pa.C.S.A. §2607 - Distributor's warranty claims against manufacturer - Reasonable time after discovery of breach.

165

Bindex Corp. v. City of Pittsburgh, 13 PLJ 128 (1983), 25 PA D&C 3rd 678 (1982). Birkel v. Birkel, 131 PLJ 102 (1983), 24 PA D&C 3rd 499 (1982).

Divorce and separation - Equitable property - Marital home owned by one spouse prior to and during marriage - Increase in value during marriage - Substantial contribution of other spouse - Value increases as marital property - 23 Pa.C.S.A. §401(e).

Carter v Leonard, 131 PLJ 39, 20 PLJ 227, (1982).

Practice - Discovery - corporate duty to furnish discoverable information - Pa.R.C.P 4001 and 4005.

Rose v. Urban Redevelopment Authority of Pittsburgh, 131 PLJ 393 (1983), 24 PA D&C 3rd 706 (1982).

Eminent domain and condemnation - de facto taking - Burden of proof - deprivation of beneficial use and enjoyment of property - deterioration of adjacent row homes resulting in untenantability of property - res judicata and collateral estoppel - Prior action for negligence - Request for damages in eminent domain proceeding not barred.

Sanfillipo v Children's Hospital, 131 PLJ 254, 24 D&C 3rd 517, (1983).

Torts - Negligence infliction of emotional distress - Discovery of deceased child - Failure to allege observation of tortuous conduct - Lack of physical injury - Claim not stated.

Schwartz v. Luletsky, 131 PLJ 580 (1983), 25 PA D&C 3rd 159 (1982).

Damages - Prejudgement interest - Breach of agreement for goods and services - Existence of bona fide dispute not determinative - Molding of verdict.

Whale's Tale, Inc. v City of Pittsburgh Zoniing Administration, 131 PLJ 350, 27 D&C 3rd 327, (1983). 1984 Aluminum Co. of America, et al. v. Kemper International Insurance Co., et al., 132 PLJ 49 (1984), 27 PA D&C 3rd 398 (1981).

Insurance - Interpretation - "Collapse" construed - Damaged structure's condition after accident determinative - Crane damaged after shipping accident.

Apartment Association of Metropolitan Pittsburgh, et al. v. Municipal Authority of West View, Water Department, 132 PLJ 22 (1984), 27 PA D&C 3rd 202 (1983).

Public utilities - Rates - standard of Review - Multiple minimum billing method - Metered water users - Classification of users not basis of assessing service charges - Lack of uniformity within a classification - Absence of proportionality to service rendered.

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Borough of McKees Rocks v. Spartacus, Inc., 132 PLJ 114 (1984), 27 PA D&C 3rd 738 (1982). Scott v. Fort Pitt Museum Association, 132 PLJ 170 (1984), 29 PA D&C 3rd 93 (1983).

Sovereign immunity - recreation Use of Land and Water Act - Dedication of land for public recreational use - Limit of landowner's liability - Sovereign Immunity Act - Act not intended to place Commonwealth on equal footing with private entities - Immunity provision of Recreation Use of Land and Water Act inapplicable to Commonwealth.

1985 Allen v. Molinaro, 133 PLJ 64 (1985), 32 PA D&C 3rd 341 (1984).

Courts - Jurisdiction - Venue - Libel in Fayette County newspaper - Action in Allegheny County - "Doing business" in Allegheny County - Pa.R.C.P. 1006.

Brown v. Housing Authority of Pittsburgh, 133 PLJ 122 (1985), 34 PA D&C 3rd 59 (1984).

Discovery - interrogatories - Failure to answer - Sanctions - Default judgement - Striking of.

Donegal Mutual Insurance Co. v. Stern, et al., 133 PLJ 158 (1985), 34 PA D&C 3rd 314 (1984).

Arbitration and award - Agreement - Multiparty litigation - Agreement of some of the parties to arbitrate - Stay of court proceedings pending arbitration.

Pennsylvania Automatic Merchandising Council v. Harmar Township, 133 PLJ 13 (1985), 34 PA D&C 3rd 581 (1984). Taxation - Municipalities - Business privilege tax - Vending machines - Double taxation. Smith v. Connaught Laboratories, Inc., 133 PLJ 119 (1985), 34 PA D&C 3rd (1984).

Sovereign immunity - Civil Immunity Act - Gross Negligence - Political Subdivision Tort Claims Act - Repeal.

State Automobile Mutual Insurance Co. v. Nationwide Mutual Insurance Co., 133 PLJ 200 (1985), 34 PA D&C 3rd 635 (1984).

No-fault Insurance Act - entitlement to no-fault benefits - Ohio resident injured in Pennsylvania - Home state's no-fault law considered - Motor vehicle not present or registered in Pennsylvania.

167

1986 Carollo v. Wheeling-Pittsburgh Steel Corp., 134 PLJ 104 (1986), 38 PA D&C 3rd 645 (1985).

Pensions and profit sharing plans - reduction in pension benefits - Validity of provision - Workmen's compensation benefits - Occupational disease benefits.

Hresko v. Duquesne University, 134 PLJ 108 (1986), 38 PA D&C 3rd 214 (1985).

Insurance - Duty to defend and indemnify - Coverage disclaimed - Intentional act - Lack of agency - "Courtesy defense" offered and refused.

1987 Patterson & Aiken East Corp. v. Duquesne Light Co., 135 PLJ 77 (1987), 41 PA D&C 3rd 90 (1985).

Discovery - Defamation action - Television station - Unedited version of interview - Pennsylvania Shield Act, 42 Pa.C.S. § 5942 - Source of information disclosed - Contents not to be disclosed - Possible disclosure of identity of other persons.

1988

Commonwealth v. Starr, 136 PLJ 364 (1988), 49 PA D&C 3rd 144 (1989).

Criminal trials - Trial counsel - Waiver - Self-representation - Waiver must be voluntary and made knowingly and intelligently - Defendant accused of capital crime - Absence of understanding - Technical and practical risks of self-representation - Ingestion of behavior -modifying drugs - Ability to intelligently waive counsel impaired - Defendant not permitted to waive counsel.

Garrubba v Garrubba, 136 PLJ 44 (1988), 46 PA D&C 3rd 415 (1988).

Alimony and support - Enforcement of spousal support order - Attorney's fees - Amount of fee - 23 P.S. § 503(6) - Amount of support claim does not limit amount of counsel fee award - enforcement proceedings not to be postponed.

Jackson v. The Travelers Ins. Co., 136 PLJ 377, 48 PA D&C 3rd 28 (1989).

discovery - Admissions - Withdrawal - Pa.R.C.P. 4014(d) - Failure to file timely answer to request for admissions - Excusable attorney neglect -Plaintiff's claim to e decided on merits - Absence of prejudice to defendant's preparation for trial.

Karkaria v. Karkaria, 136 PLJ 158 (1988), 50 PA D&C 3rd 70 (1989).

168

Divorce and separation - Alimony and support - Antenuptial agreement - Waiver - Validity of agreement - Substantial fairness - Agreement to be enforced absent fraud or duress - Agreement not contrary to public policy favoring marriage.

New York State Electric & Gas Corp. v. Westinghouse Electric Corp. and Shields Rubber Corp., 136 PLJ 128 (1988), 50 PA D&C 3rd 1 (1989).

Products liability - Contractual provision - Liability for special indirect or consequential damages -Provision valid and enforceable - Damages - Absence of threat of danger to persons or property - Recovery for purely economic loss based upon defective design, manufacture and sale not permitted.

Shields Systems Inc. v. Todarello et al., 136 PLJ 242 (1988), 50 PA D&C 3rd 645

Civil procedure - Termination of inactive case - Termination based upon inactivity alone - Adoption of local rule pursuant to PA.R.J.A. 1901 required -Court may enter judgement of non pros - Prejudice resulting from delay required.

Taylor et ux v. Fitzhenry et al., 136 PLJ 64 (1988), 48 PA D&C 3rd 619 (1989).

Landlord and tenant - Landlord's retention of security deposit - Landlord's failure to provide written list of damages - Return of security deposit to tenant - Landlord's right to sue for damages - Landlord and Tenant Act interpreted.

Taylor v. West Penn Hospital, 136 PLJ 1 (1988), 48 PA D&C 3rd 178 (1989).

Discovery - Action stemming from blood transfusion infected with AIDS virus - Identity of blood donor not to be disclosed - Disclosure would chill voluntary blood donation.

Tedesco Manufacturing Co. v. Parts & Battery Warehouse, 136 PLJ 74 (1988), 49 PA D&C 3rd 160(1989).

Civil procedure - Service of complaint by ordinary mail - Pa.R.C.P. 403(1) - Service complete 15 days after mailing - Judgements - Default - striking of - Premature mailing of notice of intention to enter default - Pa.R.C.P. 237.1 - Notice mailed within 20 days after service complete - default judgement stricken.

United States Steel Corporation v. ERC/Lancy, et al., 136 PLJ 226 (1988), 50 PA D&C 3rd 278 (1989).

169

Interest - Pre-judgement - Contract claim - Liquidated sum - Jury's reduction of claim - Liquidated sum not transformed into unliquidated sum - Addition of pre-judgement interest appropriate - Restatement of Contracts §337(a).

Wolfe v. Stover, 136 PLJ 195 (1988), 49 PA D&C 3rd 270 (1989).

Damages - Delay - Pa.R.C.P. 238 - Craig v. Magee Memorial Rehabilitation Center - Petitioning for delay damages to be presented within five days of jury verdict or arbitration award - Five-day rule does not apply to non-jury verdicts.

1990 Barrie v. Pennsylvania Liquor Control Board et al., 138 PLJ 139 (1990), 5 PA D&C 4th 174 (1991).

Alcoholic beverages - Negligence - Sale to minors - Minor's contributory or comparative negligence is a defense.

Commonwealth of Pennsylvania v. Jennings, 138 PLJ 107 (1990), 2 PA D&C 45th 173 (1990). Doherty v. The Travelers Insurance Company, 138 PLJ 275 (1990), 8 PA D&C 4th 180 (1991).

Insurance - Motor Vehicle Financial Responsibility Law - Uninsured motorist coverage - Passenger injured while passenger in insured vehicle - Recovery of limits of liability - recovery of uninsured motorist benefits under same policy not permitted.

Equibank v. Schneider, Inc. et al., 138 PLJ 124 (1990), 5 PA D&C 4th 585 (1991).

Discovery - Judgements - Confessed - Opening - Pa.R.C.P. 2959(e) - Consideration of rule to show cause why judgement should not be opened - Party may engage in all forms of discovery.

Laborers Combined Funds of Western Pennsylvania v. Mattei et al., 138 PLJ 201 (1990), 6 PA D&C 4th 529 (1991).

Courts - Pensions and profit - Sharing plans - Retroactivity of Third Circuit Court of Appeals decision in McMahon v. McDowell - Pennsylvania Wage Payment and Collection Law pre-empted by Employer Retirement Income Security Act - Precedent overruled - Purposes of ERISA hindered - Workers' ability to collect sums rightfully due them impaired - Decision not to be applied retroactivity.

Mellon Bank, N.A. v. Gregory J. & Nancy L. Holub and Nancy L. Holub v. Gregory J. Holub, 138 PLJ 28 (1990), 5 PA D&C 4th 59 (1991).

170

Commercial paper - Guaranty and suretyship agreement - Forgery of spouse's signature - Ratification by later acts or written agreement not permitted.

Olczak v. Miller, 138 PLJ 121 (1990), 4 PA D&C 4th 485 (1990).

Civil appeals - Appeal from judgement of district justice - Judgement for defendant concerning plaintiffs claim - Judgement for plaintiff concerning defendant's cross-complaint - Plaintiff's notice of appeal does not serve as appeal of judgement concerning defendant's cross-complaint - Pa.R.C.P.D.J. 1004(c).

Wikert v. Kleppick, 138 PLJ 299 (1990), 8 PA D&C 4th 193 (1991).

Torts - Participant injured in sporting event - Action against fellow participant - Conduct constituting reckless disregard for safety - Cause of action stated.

1991 Alston v. Outboard Marine Corp., et al., 139 PLJ 240 (1991), 12 PA D&C 4th 297.

Discovery - Interrogatories - Supplemental information known by specially retained expert - Expert expected to testify at trial - Interrogatories not permitted by Pa.R.C.P. 4003.5(a)(1).

Boling, et al. V. Aetna Casualty and Surety Company, 139 PLJ 356 (1991), 12 PA D&C 4th 36 (1992).

Insurance - Underinsured - Arbitration award - Authority of court to modify or vacate - Common-law award - Error of law alleged - Court lacks authority to modify or vacate - Stacking of benefits - Liability limits may be exceeded.

Burrell Industries, Inc. v. William Phillips, 139 PLJ 69 (1991), 8 PA D&C 4th 665 (1991).

Civil appeals - Appeal from district justice judgement - Appeal by all parties as to all issues - Appellant's attempt to limit scope of appeal ineffectual.

Commonwealth of Pennsylvania v. Mease, 139 PLJ 244 (1991), 8 PA D&C 4th 384 (1991). DUI testing. Toi Howard v. Port Authority of Allegheny County, 139 PLJ 44 (1991), 8 PA D&C 4th 241 (1991).

Civil trial - Witness - Experts - Expert fee - 42 Pa.C.S. § 5903(a)(1) - Application to all witnesses who must be qualified as experts to give testimony - Arbitration - Admission of medical report and billing statement - Pa.R.C.P. 1305(b) - Admissibility not affected by expert's demand for fee.

Krieger v. State Farm Insurance Company, 139 PLJ 143 (1991), 11 PA D&C 4th 611 (1992).

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Insurance - Motor Vehicle Financial Responsibility Law - Work-loss benefits - Loss of earnings after being physically able to return to work - Inability to find employment - Work-long benefits recoverable.

Miller v. Miller, 139 PLJ 168 (1991), 10 PA D&C 4th 230 (1992). Alimony pendente lite - Child support - Preliminary counsel fees. G.C. Murphy Co. v. M. Goldfarb-My Florist, Inc. et al., 139 PLJ 169 (1991), 11 PA D&C 4th 614 (1992).

Attorneys - Fees - 42 Pa.C.S. § 2503(6),(7), and (9) - Declaratory judgement action - Giant of summary judgement - Withdrawal of appeal - Action not patently frivolous at its inception - good-faith basis for appeal - Attorney's fees not assessed.

Universal Advertising and Promotions Inc. v. Leonard et al., 139 PLJ 49 (1991), 6 PA D&C 4th 405 (1991).

Discovery - Aid of execution - Attorney's fees and costs - Pa.R.C.P. 3117(b) - Responses to discovery must disclose assets subject to execution - Plaintiff's prior knowledge of existence and location of assets - Plaintiff's prior knowledge of encumbrance of assets - Attorney's fees and costs not to be assessed.

1992 Ethel Buyce v Mellon-Stuart Co. Allegheny Health Foundation, Allegheny General Hospital, IKM, 140 PLJ 65 (1992), 13 PA D&C 4th 39 (1993).

Negligence - Action against construction design professional - Civil procedure - 42 Pa.C.S. § 7502 - Affidavit of noninvolvement filed - Jury trial requested - Prima facie case established - Affidavit and depositions to be filed - Reinstatement of case permitted following discovery.

Alan L. Carb and Eric f. Solomon, t/d/b/a Carb & Solomon, P.C. v. Brian M. Allen, 140 PLJ 131 (1992), 12 PA D&C 4th 630 (1992).

Attorneys - discharged by client - Charging lien sought to be imposed - Enforcement of contingent fee on settlement offer - No fund in court for distribution - Services of attorneys not determinable - Charging lien not to be imposed.

Commonwealth of Pennsylvania v. Bell/Tischler, 140 PLJ 102 (1992), 12 PA D&C 4th 275 (1992).

Sentencing - Mandatory minimum five-year sentence - 18 Pa.C.S. § 7508(a)(1)(iii) - delivery and/or possession of 50 or more pounds of marijuana - Mandatory sentence equal to maximum sentence - Maximum sentence with no maximum sentence provided - Sentence void for vagueness and violative of due process - Defendant to be sentenced under 18 Pa.C.S. § 7508(a)(1)(I).

1993 Allegheny County Housing Authority v. Arminthia s. and Lauw, Valerie, 141 PLJ 419 (1993), 20 PA D&C 4th 233 (1994).

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Housing - Eviction of residents of public housing - Breach of lease provision intended to protect other tenants - Automatic eviction not permitted - Court to review eviction - Eviction for drug-related activity - Nature and extent of activity considered - Extent of tenant's control over individual engaging in drug activity considered.

Bohinski, Michael Wayne v. Trademark Inc. t/a Peter's Pub v. Bauder, Janice, Admrx., et al., 141 PLJ 113 (1993), 17 PA D&C 4th 408 (1994).

Insurance - Relief sought from duty to defend additional defendants - Payment of the insurance policy limits - Conflict of interest between insurer and additional defendants - Insurer not relieved of duty to defend.

Davis, Faith v. Port Authority, 141 PLJ 532 (1993), 20 PA D&C 4th 296 (1994).

Insurance - Uninsured motorist benefits - Employee injured within course and scope of employment - Self-insured employer - Remedies not limited to those contained in Workmen's Compensation Act - Uninsured motorist benefits may be received.

Graham v. IMO Industries, et al., 141 PLJ 8 (1993), 16 PA D&C 4th 492 (1993).

Discovery - Deposition - Witnesses questioned about causes of explosion - Witnesses manufactured or serviced product - Personal knowledge of causes of incident lacking - Witnesses may not be called upon to render opinion.

Panitz v. Behrend, et al., 141 PLJ 203 (1993), 18 PA D&C 4th 395 (1994).

Torts - Action against expert witness - Expert retained to testify in personal injury action - Unfavorable testimony provided by expert - Plaintiff in underlying action not entitled to recover damages from expert.

Ulizzi, et al. V. Trellis, M.D., Ellis, 141 PLJ 472 (1993), 20 PA D&C 4th 300 (1994).

Torts - Psychiatrist's unauthorized disclosure of confidential information - 42 Pa.C.S. § 5944 - Patient's right to bring action - Prior lawsuit - Psychiatric condition not primary source of patient's claim - Patient does not waive right to complain

1994 Kapetanovich, Daniel & Carol v. Fox, Curtis R. t/d/b/a Fox Homes, 142 PLJ 1 (1994), 20 PA D&C 4th 316 (1994).

Real property - Implied warranty of reasonable workmanship and habitability - Sale of new residential housing - Extension to remote purchasers.

1995 Commonwealth of Pennsylvania v. Barud, 143 PLJ 7 (1995), 27 PA D&C 4th 399 (1996). Motor vehicles - Driving under the influence - Blood-alcohol content - Constitutional law.

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Commonwealth of Pennsylvania v. Smith, 143 PLJ 285 (1995), 24 PA D&C 4th 124 (1995).

Criminal practice - Mandatory drug sentencing - Constitutionality - Abuse of discretion of prosecutor.

1996 Croushore v Buchanan Ingersoll, P.C. , 144 PLJ 531, 32 D&C 4th 142, (1966). Preliminary objection to a petition for disqualification - Arbitration - Conflict of interest. D.S., C.S, v De Paul Institute, 144 PLJ 348, 32 D&C 4th 328, (1996). Rape Shield Law - Application to civil actions. Ellis v City of Pittsburgh, 144 PLJ 540, 32 D&C 4th 170, (1966). Notice - Political subdivision Tort Claims Act - Judgment N.O.V. Gonzalez v Allstate Insurance Co., 144 PLJ 450, 31 D&C 4th 443,, (1996). General release - Bad faith claim. Gottlieb, DMD v. David E. Smith, et al., 144 PLJ 118 (1996), 29 PA D&C 4th 36 (1996). Civil practice - District justices - Venue. Kirk v Yellow Cab Co. of Pittsburgh and Arthur R. Hammesfhar, 144 PLJ 471, 34 D&C 4th 486, (1996).

Motion in limine - Precluding evidence of medical expenses - Admission of expert witness report and deposition - Delay damages of molded verdict.

Maroney v T.J. Lipton co, 144 PLJ 550, 34 D&C 4th 42, (1996).

Service of process - Notice - Statute of limitations - Lamp v Heyman - Summary judgment.

Minatronics Corp. v Buchanan Ingersoll, P.C. 144 PLJ 245, 28 D&C 4th 214, (1996). Subject matter jurisdiction over state law claims involving questions of patent law. Monticello Insurance Co. v Spinning Wheels, Inc, v Insurance Innovators, Inc., 144 PLJ 488, 34 D&C 4th 141, (1996). Motion to amend - Bath faith claim on insurance policy. Morra v Ragheb, 144 PLJ 374, 31 D&C 4th 351, (1996). Entry of judgment of non pros. Mueller v Nationwide Mutual Insurance Co; Hagley v Erie Insurance Exchange, 144 PLJ 395, 31 D&C 4th 23, (1996). Attorney-Client privilege - Discovery rules - Rules of Civil Procedure 4003.3

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Richardson, d/b/a City Finishes v Sherman , 144 PLJ 227, 26 D&C 4th 193, (1996). Contractor and Subcontractor Payment Act - Petition to amend complaint. Saporito v Oldsmobile Motor Division of the General Motors Corp., 144 PLJ 382, 32 D&C 4th 365, (1996). Arbitration - Timeliness of appeal. Sunbeam Corp. v Liberty Mutual Insurance Co., 144 PLJ 491, 33 D&C 4th 34, (1996). Equity action - Contract action - Regulatory estoppel doctrine - Environmental pollution. Trkula v South Hills Health System, 144 PLJ 405, 34 D&C 4th 475, (1996). Pennsylvania Human Relations Act - Damages. Wallis v AEG Westinghouse Transportations Systems, Inc. v Allegheny Personnel Service, 144 PLJ 454, 33 D&C 4th 284, (1996). Motion for summary judgment - Pennsylvania Workers' Compensation Act. Wilheim, Jr. v Borough of Bradock, 144 PLJ 243, 28 D&C 4th 211, (1996). Preliminary objections - Right to jury trial under the Whistleblower Law. Wounick v Jefferson Surgery Center, 144 PLJ 525, 34 D&C 4th 557, (1996).

Medical malpractice - Failure to file expert report - Summary judgment based on local Rule 4003.5

1997 Brenckle v Avalli, 145 PLJ 432, 37 D&C 4th 371, (1997). Legal malpractice - Statute of limitations - Discovery rule. Cook v Wirtz, 145 PLJ 39, 35 D&C 4th 264.

Pennsylvania Human Relations Act - Reasonableness of dentist conditioning further dental treatment on patient's agreeing to submit to HIV and have results recorded in their dental records.

Debski v USX Corporation, 145 PLJ 318, 37 D&C 4th 268, (1997). Racial discrimination - Pennsylvania Human Relations act. Dibiasi v Erie Insurance Exchange, 145 PLJ 465, 37 D&C 4th 1, (1997). Motor Vehicle Financial Responsibility Act - Act 78 - Refusal to insure. Ecker v Ecker, 145 PLJ 313, 36 D&C 4th 104, (1997).

Validity of divorce decree and subsequent remarriage - Estoppel - Removal of impediment to valid marriage.

Manzetti v Mercy Hospital, 145 PLJ 162, 35 D&C 4th 519, (1997). Summary judgment - Federal Health Care Improvement Act of 1986 - Suspension of hospital privilege - Medical Peer Review Action - Immunity from monetary damages.

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Nationwide Insurance Co. v Hoch, 145 PLJ 258, 36 D&C 4th 256, (1997). Petition to compel an independent medical exam - Good cause Sasinoski v Cannon, 145 PLJ 414, 36 D&C 4th 88, (1997). Preliminary injunction - Authority of County manager to remove public defender. Godak v Nationwide Insurance Co., 145 PLJ 436, 35 D&C 4th 481, (1997). Right to Jury trial - Action for bad faith against insurer. Spang & Co. v Red, Smith, Shaw & McClay, 145 PLJ 540, 37 D&C 4th 452 (1997). Statute of Limitations - Legal malpractice. Sunbeam Corp v Liberty Mutual Insurance Co., 145 PLJ 438, 37 D&C 4th 44, (1997). Insurance coverage - Standard pollution Exclusion - Regulatory Estoppel. Urban v Dollar Bank, 145 PLJ 114, 34 D&C 4th 11, (1997). Spoilation of evidence - Motion to amend. Weisen v Showa Denko K.K., 145 PLJ 89, 34 D&C 4th 71, (1997). Summary judgment - "Discovery Rule" cases. 1998 Dempster v Waste Management, Inc., 146 PLJ 495, 41 D&C 4th 401, (1998).

Motion for summary judgment - Workers' Compensation Act (77 P.S. sec. 481) - Borrowed servant doctrine - Statutory employer immunity.

G.G v M.N., 146 PLJ 646, 38 D&C 4th 439, (1998). Summary judgment - Collateral estoppel. Inhat v Pover, 146 PLJ 288, 299, 35 D&C 4th 120, (1998).

Alleged improper sales practices of insurance companies - 42 Pa.C.S. sec. 8371 Bad Faith Claims - Breach of fiduciary duty - Breach of comon law duty of good faith and fair dealing - Breach of cotract and negligence claims.

Pritts v Wendy's Greater Pittsburgh, Inc., and Wendy's International Inc., 146 PLJ 552, 37 D&C 4th 158, (1998). Discovery - Protective order - Interviewing witneses - disciplinary rules. Taylor v Nationwide Insurance Co., 146 PLJ 176, 35 D&C 4th 101, (1998).

Pennsylvania Motor Vehicle Responsibility Law, 75 Pa.C.S. secs. 1701 et seq. - Bad faith - Recovery by medica provider against injured patient's insurer.

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1999 Chappel v Applied Control Systems, Inc., 147 PLJ 168, 39 D&C 4th 168, (1999). Corporate directors' right to inspect all corporate records - The word absolute cannot mean absolute - "Bad" motives are not sufficient to deny access - Right to remove a director is not an adequate remedy - Clear and convincing evidence - Burden on corporation. Continental Insurane Co. v Schneider, 147 PLJ 216, 43 D&C 4th 419, (1999). General creditor - Secured creditor - Corporate successor liability. Ehrman v Mid-American Waste Systems of Pa. Inc., 147 PLJ 200, 39 PLJ 4th 235, (1999). Torts - Wrongful death - Loss of consortium - Child. Fetchen v Kelly Run Sanitation, 147 PLJ 182, 39 D&C 4th 299, (1999).

Civil practice - discovery - Independent medical examination - Right of attorney to be present - videotaping - Objection by physician.

Filter v McCabe, 147 PLJ 314, 38 D&C 4th 139, (1999). Torts - Duty of care - Restatement (Second) of Torts secs. 323 and 324. Fretz v Mutual Benefit Insurance Co., 147 PLJ 7, 37 D&C 4th 173, (1999). Insurance law - Bad faith - Discovery - Loss reserves. Kaye v Mutschler, 147 PLJ 298, 39 D&C 4th 449, (1999).

Business law - Creditor's and debtors' rights Judgment creditor - Corporation - Subsidiary - Piercing corporate veil - Alter ego liability - Garnishment.

Kress v Kress, 147 PLJ 327, 41 D&C 4th 523, (1999).

"Add back" of depreciation for equipment and real estate - Imputing party with cash income from business.

Neer v Niedermeyer, 147 PLJ 160, 39 D&C 4th 158, (1999). Civil practice - Non pros - Actual prejudice. N.H., a Minor v L.W., J.W. and M.W., a Minor, 147 PLJ 391, 43 D7C 4th 105, (1999). Juvenile Act - Discovery. Pawlowski v Conrail, Inc., 147 PLJ 141, 42 D&C 4th 517, (1999).

Wrongful death - Employer liability - Restatement (Second) of Torts - Indpendent contractor - Exceptionall dangerous construction work.

Potts v Consolidated Rail Corp., 147 PLJ 40, 37 D&C 4th 196, (1999). Civil practice - Discovery - Precomplaint discovery. Davisair, Inc. v Butler Air, Inc., 147 PLJ 159, 40 D&C 4th 403, (1999). Legal profession - Disqualification - Attorney at witness - Rules of professional conduct.

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Smokovitz v Carpenter, 147 PLJ 178, 39 D&C 4th 353, (1999). Civil practice - Discovery - Production of documents - Pa.R.C.P. 409.12 Wilson v Buchi, 147 PLJ 69, 39 D&C 4th 382, (1999).

Torts - Section 1983 - Lead-based paint - Housing authority - HUD regulations - Jurisdiction.