INDEX TO SUBJECTS For Cases See Index to Cases. 833 ..3, 1:22 CONSTITUTION OF THE UNITED STATES. Date. Subject. Page. 641 173 72 + 113 751 762 856 545 77 252 856 122 252 7 1855, April 27....Real Estate 1855, April 27...Decedents 401 267 211 123 14 278 1860, March 31...Criminal Law 237 70, 239, 657 856 289 319 63% 1863, Dec. 14. .,. Landlord and Tenant. 37, 350 310 190 773 122 600 231 773 3 122 1868. Feb. 28. Water 122 584 336, 563 14 60% 513 1871. June 29.... Sheriff's Sales 608 1873, April 4. ... Trusts 608 1873, June 26. Auctioneers 14 608 1874, April 29. ...Corporations Laws. 49, 51, 84. 471, 652 190, 673 480 190 1874, May 15. Public Office 703 705 673 240 515 581 233 239 863 301 613 500 401 820 695 7 301, 833 797 65 56, 209, 567 Time 310 1889, April 23. Elections 157 1889, May 9. 60 49, 51 3 637 544 209 471 1 1893, June 10. 655 266 53 202 49, 51 390 143 290 763 349 1897, July 30.. Liquor Licenses 209, 557 184 78 1901, Feb. 25 Forests .345, 456 122 252 1901, May 16.....Bills and Notes. 231 276, 571, 715, 746 622 .545 1901, June 1. Mines 17, 573 Insolvency 761 850 38 375 122 Date. Subject. Page. Divorce 11 15 523 1915, June 2.. Workmen's Compensa- ton.... 102, 170, 283 652 349, 373, 393, 488, 553 122 638, 797, 804, 853, 861 Parole 255 103 345 1915, June 4. 456 190 Water 5091915, June 15. 618 | 1915, June 17, 620 417 338 1915, July 22. 651 9 Actions 218 87 .325, 667 1915, May 14. 'Practice 53, 69, 80, 108 381, 647 397, 398, 399, 427, 498 540 500, 513, 699, 710, 749 693 750, 751, 792, 816, 828 106 1917, May 17.. 702 281 1917, May 18. Criminal Law ....657, 659 'Criminal Law 761 763 1917, June 7. 847 56, 567 1917, June 7.. Intestates ..1, 159, 588, 833 73 1917, June 7.. Fiduciaries 687 ...78, 301, 608, 635, 697 Wills 207, 613, 670 17 1917, June 7. Drugs Fictitious Names...12, 26 318, 385, 387, 647. 828 96 1917, July 11.. 3, 70 589 1917, July 11. 581 773 1917, July 11. 782 375 1917, July 11. Firearms 178, 520 122 1917, July 11. 281 122 1917, July 14. 651 218 1917, July 18. 87 122 1917, July 25. 236 278 | 1917, July 28 581 172 1919, Feb. 24. 692 537 1919, Feb. 26. 815 159 1919, May 1. 662 427 | 1919, May 1. 330 157 | 1919. May 8. 303 1919, May 8. 11 'Notary Public 540 1919, May 16. 157 699 1919, May 21, 600, 640 Game 610 619 1919, May 23, 153 486 1919, June 4. 819 255 1919, June 16. Beverages .56, 567 17 1919, June 20.... Transfer Inheritance 345 Tax 849 427 Workmen's Compensa. 595 tion 393, 553 400 1919, June 30.... 314 122 1919, June 30.... Motor Cars 352 .25, 190, 194, 197, 300 . 17, 579 430, 660, 671, 683, 698 122 1919, July 1. 766 122 | 1919, July 1 627 665, 742 1919, July 7. Forests 345, 456 819 1919, July 7. Taxation 692 1919, July 8. 217 427 1919, July 9 Taxation 109 | 1919. July 9.. 74, 655 1919, July 10 Public Schools 72, 860 Architects 187, 384 184 | 1919, July 15. 184 656 | 1919, July 17. 600 488 338 | 1919, July 18. Rehabilitation 480, 665 .....6, 180, 473, 652, 832 762 281, 652 345 302 442 218 ABANDONMENT. 54, 223 See Non-Pros. 25 102 A citizen of Pennsylvania who had 171 temporarily visited Ohio cannot be 607, 807 returned to that State on a requisi- 176 tion as a "fugitive from justice" on а charge of abaxuonment, where 17 there was no evidence that the .177, 178, 520 alleged crime had been committed 141 in that State. The ract that the 17 15 Subject. Page. Governor of Pennsylvania had Where a life tenant accepted the honored the requisition of the Gov terms of a will and enjoyed the ernor of Ohio would not prevent benefits, revenues and profits of the the court from releasing the relator 452 estate during her lifetime, her ex ecutrix in an account filed after ABSENTEE. citation issued could not claim credit See also Descent and Distribution. for interest paid on encumbrances Under the Act of June 11, 1915, P. L. on the life estate, insurance and 945, amending the Absentee Act of taxes during the life tenant's en 1885, which amendment was incor joyment of the same. The life porated in the Fiduciaries Act of tenant was bound to pay the fixed 1917, it is within the discretion of charges, and if the income from the the Orphans' Court when satisfied estate were not sufficient, she had from evidence adduced at an audit an adequate remedy... 753 that there is no likelihood of a sup The filing of an account in the posed absentee decedent being alive, Orphans' Court either voluntarily to decree distribution on refunding or under compulsion of a citation bonds, without security.. 301 tolls the statute of limitations.... 801 A decree in divorce was granted on the ground of desertion where the ACT OF GOD. husband disappeared and had not When parties agree that one shall do been heard from for a period of ten a thing for the benefit of the other, years, the Master filing a supple and so much money shall be paid mental report in rhyme, recom for the doing, and their agreement mending a decree 406 goes no further, the words used Whether distribution can be made exclude the supposition of either direct to the heirs or legatees of a having contemplated the interposideceased beneficiary instead of to a tion of God, a public enemy, or the personal representative to be duly law, so as to put performance above accounted for depends upon the and beyond human power; on the circumstances. Where the resi coming of such an impossibility perduary legatee had been dead formance has ceased to be a thing years and her estate had been ad of human contemplation. Where the ministered and the next of kin were thing is possible in itself, the oblidefinitely ascertained, payment di gation subsists notwithstanding it rect was ordered, as 10 useful pur is beyond the means of the person pose would be served by the ap obliged to accomplish it, and he is pointment of an administrator.... 497 answerable for the non-perform- 499 ACCIDENTS. See Industrial Accidents, Insurance, ACTIONS. Negligence, Trespass. See Contracts; Fictitious Names; Replevin. ACCORD AND SATISFACTION. Where an action in assumpsit was See also Payment. based on a judgment recovered in When the Court directed New York, an insufficient affidavit a verdict in favor of defendant in an action of defense would not prevent entry for services rendered an appeal was of judgment for plaintiff, but where allowed from the County Court. it appeared that an appeal on the The defense was that plaintiff had judgment was still pending in New retained a check for York, an order was made delaying smaller a amount given in full payment of issue of process until the appeal plaintiff's claim. As the check had proceeding in New York had been concluded 60 never been cashed, the mere reten. tion of it would not estop plaintiff An injured party has a right to mainas an accord and satisfaction, un tain a separate action against each less his retention acts of party involved in concurwas an acceptance. His alleged acceptance, rent negligence, and such right can a be barred only disputed issue of fact, was for the as meanwhile he has received compensation, so that jury and not for the Court to pass where plaintiff had 715 agreed with on one defendant for a definite amount as ACCOUNT. compensation for the negligent death of her husband, the court See also Descent and Distribution. could not at the trial of the case A notation over an account kept by decedent against another stated: against another defendant for the same trespass "This instruct the jury account is not intended as that any verdict for a liability against T. F. B., but is the plaintiff could not exceed amount the only kept as memorandum of sum upon agreed with the other outlay. As a claim against him defendant in another action against it is to be cancelled. Cancelled and a different defendant, but growing void (signed W. C. Beckert)." This out of the same accident, especially was held to be a gift by decedent where no judginent had been enin his lifetime and was not a part tered or satisfaction made for the of his estate at 97 death and not liable to the distri When it appears that the rights of butive share of their widow, who several plaintiffs in the subject matelected to take against the will.. 569 ter of suit is several, and not Accounts filed should be opened to joint, and the defendant sees fit to allow the petitioner, the widow of take defense and go to trial on the the deredent, to show that mistakes merits without ohjection to the were made in accounting for prop joinder, he is too late to raise the erty which she claims in her in question at the conclusion of the dividual right, and which has been trial. The referee properly refused in her possession continuously since a request to hold that the suit had the decedent's death in 1906, where not been well brought for that the administrator had claimed pos reason 101 session of said property and the Equity ordinarily will not entertain a Court had inadvertently ordered suit where redress may be had their distribution 737 law, yet equitable jurisdiction in а a at Subject. Page, does not depend entirely upon the ents, or either of them, but a petiwant of a common law remedy, but tion was dismissed where it was may be sustained on the ground presented by non-residents and was that, under given circumstances, it not signed by either parent. The is the most convenient and efficient fact that the mother assented while road to adequate relief... 113 the father opposed it, was not suffiA sales agent, who could not have cient to decree an adoption 523 maintained an action in his own The term “issue" as used in section name, was held not liable for the 15, clause (b), of the Wills Act of mercantile license tax as a broker, June 7, 1917, which provides, inter where the agreement with the seller alia, that where testator leaves no granted a sole and exclusive agency issue, no legacy to children or for the sale of all coal produced and brothers or sisters, whether such fixed his children be designated by name or seller not only fixed the price, but as a class, shall lapse by reason of consigned the coal directly to the the decease of such legatees in tespurchaser. He had nothing to do tator's lifetime, leaving issue, but with fixing the selling price nor such legacy shall be available for was the title of the coal ever vested such surviving issue, embraces in him. His liability was not pri adopted children 670 mary but secondary 139 When the question of the constitu ADVANCEMENT. tionality of a special Act of As See Gifts. sembly authorizing suit to be brought against the Commonwealth ADVERSE POSSESSION. has been raised by an affdavit of defense, under the Practice Act of See Ejectment; Real Estate. 1915, and decided in favor of the defendant, judgment will be di ADVERTISEMENT. rected against the plaintiff under See Newspapers; Notice. Section 20 of that Act, without prejudice to the right of the plaint AFFIDAVIT. tiff to proceed under the Act of See also Pleading and Practice. March 30, 1811, P. L. 145. 218 The Act of May 10, 1919, P. L. 903, The Act of May 31, 1911, P. L. 462, prescribes the fees to be charged by known as the State Highway Act, a Notary Public for taking an does not contain a provision ailow a ffidavit ing suit by a material man against A libel in divorce was dismissed where the surety on a bond. It may be the affidavit was taken in South that a clause authorizing an action Carolina Such affidavits must be by sub-contractors or material men in "the proper county." That is, added to the bond, would be void.. 540 where the libel is filed..... 266 An action cannot be sustained against Where the party making the affidarit a husband and wife where the facts to a nominating petition did not averred distinctly show a personal have knowledge as to the requisite and separate contract against the facts, and some signatures were wife only. If plaintiff expects to added after the affidavit was made, hold both, their right to dos must the petition is erroneous and de. unequivocally appear 574 fective, but an amendment of such A valid call for the payment of the a petition will be allowed.... 479 subscription according to its terms Before a decree in divorce can be must be made before any liability granted, on the ground of deser. for payment arises and the corpora tion, the place where the desertion tion cannot maintain an action to occurred, the length of residence recover the subscription price antil of the libellant in the county, and the sanie has been made... 602 the place where the respondent was А joint contract gives right of served must clearly appear. An joint action, not a separate action averment in the affidavit as to resi by each of the parties jointly inter dence is not sufficient...... 648 ested: but there seems to The court will not enter judgment for principle of law which forbids a the defendant in a suit on an a ffinumber of parties jointly concerned davit which merely aver that "while in a contract to permit one of them the caption of the suit shows that to represent all and act for all in the plaintiff is a foreign corporasuing for their joint rignts, so long tion, the statement itself does not as the record protects the defend show whether or not it is duly auant against a multiplicity of suits. 784 thorized and empowered to do busiAn action pending in a state court, in ness within the State of Pennsylwhich two of the defendants are vania,' without stating the facts residents of the state in which the which constituted doing business action is pending, can not be re there 699 molto to a linited Stats District On a rule for judgment for want of court. upon a petition of third a sufficient affidavit of defense, a defendant on the ground that the statement or affidavit on informaplaintiff and the petitioner are tion is defective in not setting forth residents of different states, both the sources, unless there is the ad. of which are other than that in ditional averment of expectation to which the action is pending...... 840 prove the averments "are true and correct as he verily believes'' is ADMINISTRATION. insufficient 749 See Descent and Distribution: Or It is not the practice to enter judgphans' Court; Register of Wills. ment for alleged default in the per formance of the provisions of a conADOPTION. tract, by virtue of a warrant of atBy Act of July 2, 1901, P. L. 606, torney to confess judgment conthe Courts of Common Pleas are tained therein, without at least an authorized to decree the adoption of affidavit in some form that the alchilibre who are residing in the leged default actually has occurred, county in which the application !s and judgment entered in such marle at the time of such applica case without such a ffidavit or other tion, ly a person living in another legal proof is illegal and will be State, upon the petition of the par stricken from the record .......... 750 a a an Subject. Page. AFFIDAVIT OF DEFENSE. machines and advancing the interSee also Assumpsit; Judgments; ests of the said corporation in Pleading and Practice. which the plaintiff held stock, the Plaintiff's failure to endorse on his said plaintiff agreed to renew said statement of claim address note from time to time until such where papers were to be served as time as the defendant would be required by the Practice Act of able to place the machines upon the May 14, 1915, L. 483, Se on market and the said corporation 10, was sufficient justification for would begin to show profits from the filing of a statutory demurrer the sale of the said machines," raising this question without an but it was not a verred that defendswering plaintiff's averments and ant had requested a renewal and he demurrer sustained with leave to could not now defend against a reamend 80 520 Nothing can be taken into account Whatever may have been the law of on demurrer but what appears in Pennsylvania prior to the passage declaration 183 of the Act of 1901, since the enactWhen the question of the constitu ment of that statute, it is the recogtionality of a special Act of AS nized rule, that a transfer of a note sembly authorizing suit to be made by a holder in due course, brought against the Commonwealth although made after maturity vests has been raised by an affidavit of in the indorsee, the indorser's defense, under the Practice Act of right which cannot be defeated on 1915, and decided in favor of the the ground that the note was асdefendant, judgment will be di comodation paper, so that an affireoted against the plaintiff under davit of defense, claiming the асSection 20 of that Act, without commodation indorser was not prejudice to the right of the plain liable, the note, having been purtift to proceed under the Act of chased by plaintiff after maturity, March 30, 1811. P. L. 145... 218 was insufficient to prevent judgA demurer to a plaintiff's statement ment 5 71 would not lic where the original Where plaintiffs issued a scire facias claim stated a cause of action, sur mortgage a year and half basing the measure of damages after it became due, having acclaimed as the difference between cepted interest at 31 per cent., the contract price and the market the rate named in the mortgage price of the date of alleged breach, for two interest periods, but do and in an amended statement the manded 6 pe cent. interest on theh basis for damages was the alleged last period, an affidavit setting up refusal of defendant to accept fur an agreement prior to the mortther shipments. Damages are to gage becoming due that the interest be determined at the trial.. 272 rate was to continue unchanged, When defendant seeks to have and also no notice of the proposed judgment entered in default of an change, was held sufficient to affidavit of defense opened the carry the case to a jury. Rule for proper pratice is to present an judgment for want of a sufficient affidavit of defense with his peti a ffidavit of defense discharged... 597 tion to show that he has a full It is very doubtful if a court would and complete defense to the whole sustain an illegal contract beof plaintiff's claim 382 cause the defendant had not Ademurrer, now called "an affidavit alleged the facts constituting that of defense raising questions of law," contract illegal in his affidavit of a imits the truth of the facts defense. The general rule is, that pleaded, hence, if the if it appear in the trial of the case exhibits a cause of action, the Court that the contract is illegal, then the can not strike it down merely be courts will not enforce that concause a fact averred by the defend tract 705 ant may, if established, further Judgment will be entered for want complete legal defense.. 397 Where an affidavit of defense raises a of a sufficient affidavit of defense where the a ffidavit of defense is question of law, it is improper to grant plaintiff a rule for judgment vague, indefinite, uncertain and, in its for of some of want allegations, obviously sufficient a ffidavit a of defense 398 wrong Under the Practice Act of 1915, an An affidavit of defense by a distria ffidavit defense cannot raise butor of goods who guaranteed the questions of law not appearing in payment of all goods received from the statement of claim 500 plaintiff company was insufficient, Where judment entered in de which averred that was plaintiff, not fault of an affidavit of defense, the having paid the rent, defendant had Court dismissed L rule to show vacated the office without remov ing cause why it should not be opened the goods sued upon. The on the ground that defendant's at a ffidavit did not aver that plaintorney was absent on his vacation tiff was to furnish an office and was and also liable to the full of extent his 734 practice act of 1915. The practice guarantee or suretyship act of 1915 is mandatory in its re It is immaterial that the affidavit of quirements that the affidavit of de defense does not set forth whether fense shall be filed within fifteen plaintiff's other insurance was days after service or the state written before or after the taking ment 513 out of the policy on which the An a ffidavit of defense to an action action was instituted, when the on a promissory note was insuffi. policy sued on provided against cient to prevent judgment where it liability on the part of the defendWas averred that the note men ant "for loss or damage occurring tioned in the agreement could be while the insured shall have any renewed at maturity and "at said other contract of insurance", 735 time and many times thereafter the On a statutory demurrer the liability plaintiff agreed with defendant that of a hotel was held to be limited in consideration of the said de to $50.00 under the Act of June fendant devoting his time, energies 12, 1913, where plaintiff checked his and money in perfecting the said bag and contents at the place pro 707 of |
