Page. ..545 1901, June 1. 142 1901, June 4. 1901, June 4. .433, 5031901, June 4..... Sheriff's 1772, March 21.. Landlord and Tenant. Criminal Law Habeas Corpus 1794, April 22. Jurisdiction 1791, Feb. 26.... Domicile 1806, Feb. 24.... Judgments 1808, March 21.. Practice 1810, March 10.. Practice 1810, March 20.. Costs 1810, March 30.. Certiorari 1814, March 22.. Jurisdiction 1832, March 15.. Decedents 1830, April 6.....Taxation 1834, Feb. 24... Wills 1834, April 14....Jurors 1834, April 14....Attorneys 1834, April 15....Registration 1834, April 5.. ..Taxation 1876, May 13. 1879, June 4. 1887, May 13. 248 1897, July 9. 77 1897, July 15. Practice Liquor Licenses Forests Municipalities 252 1901, May 16.....Bills and Notes. 613 1879, July 7.. 500 1881, June 18. Trusts 826 1883, June 20. 695 1885, April 27. 7 1885, June 30. 1887, May 6. 301, 833 503 Corporations 231 609 1901, June 1. 1909, May 8.. 1909, May 10. Notes. 652 122 425 1915, June 3. 637 1915, June 4. 345 1915, June 4. 414 1915, June 7. 509 1915, June 15. 618 1915, June 17 55 1915, July 3. Public Schools Page. 11 15 Workmen's ton.. 349, 373, 638, 797, Parole 255 456 336 1915, July 22. Townships 503 1917, March 30..Optometry 1917, April 5.. 425, 503 1917, May 10. 325, 667 1915, May 14. .381, 647 540 693 Moving Pictures .53, 69, 80, 108 397, 398, 399, 427, 496 Drugs 500, 513, 699, 710, 749 750, 751, 792. 816, 828 702 'Criminal Law 657, 659 'Criminal Law 'Birds 761 847 96 1917, July 11. 589 1917, July 11. 773 1917, July 11. 375 1917, July 11. 122 1917, July 11. 122 1917, July 14. 218 1917, July 18. 122 1917, July 25. 278 1917, July 28. 172 1919, Feb. 24. 537 1919, Feb. 26 159 1919, May 1. 427 1919, May 1. 157 1919. May 8. 1919, May 8. 456, 595 1919, May 10. 540 1919, May 16. 699 1919, May 21 327 1919, May 23. 619 1919, May 23. 480 1919, June 4.. 255 1919, June 16. 17 1919, June 20.... 1911, May 11. ..Escheat 1911, May 18.....School Code 1911. May 31... State Highways 1911, June 8. 1911, June 9. 1911, June 10.... Criminal 1911, June 13. Taxation 1911, June 19.. .. Parole Law Intestates .1, 159, 588, 833 Fiduciaries 'Bail 330 Liquor Licenses. 303 'Divorce 11 Notary Public 77 'Escheat 'Banks 'Game 'Milk Tests 'Loans Beverages Transfer Tax 1919. June 26.... Workmen's 400 1919, June 30. 122 1919, June 30. 352 .17, 579 122 1919, July 1. 122 1919, July 1 665, 742 1919, July 7. 819 1919, July 7. 652 1919, July 8. 427 1919, July 9. 109 1919, July 9.. 1919, July 10. 1919, July 12. 184 1919, July 15. 656 1919, July 17. 11, 270 1919, July 18. 388 1919, July 18... 113 122, 225, 417, 481, 673 1915 March 15... Divorce 1915, March 19...County Court 1915, April 14.. ..Health 1915, April 22 1915, May 3.. 1915, June 4. 1915, June 11 1915, May 13. 1915, May 14. 1915, May 14. 1915, May 14. 1915, May 15. 1915, May 15. 1915, May 19. 1915, May 28. 1915, May 28 1915, May 28. 1915, June 1. .Corporations Forests 1915, June 1..... Children tion Taxation Motor Cars ..25, 190, 194, 197, 300 430, 660, Salaries 'Insurance Forests "Taxation 'Liens Taxation Elections Architects Taxation 671, 683, 698 766 627 345, 456 763 217 17 74, 655 Public Schools 72. 860 .187, 384 184 600 483 Banks Prisons Rehabilitation Governor of Pennsylvania had honored the requisition of the Governor of Ohio would not prevent the court from releasing the relator 452 ABSENTEE. See also Descent and Distribution. Under the Act of June 11, 1915, P. L. 945, amending the Absentee Act of 1885, which amendment was incorporated in the Fiduciaries Act of 1917, it is within the discretion of the Orphans' Court when satisfied from evidence adduced at an audit that there is no likelihood of a supposed absentee decedent being alive, to decree distribution on refunding bonds, without security.. 301 406 A decree in divorce was granted on the ground of desertion where the husband disappeared and had not been heard from for a period of ten years, the Master filing a supplemental report in rhyme, recommending a decree Whether distribution can be made direct to the heirs or legatees of a deceased beneficiary instead of to a personal representative to be duly accounted for depends upon the circumstances. Where the residuary legatee had been dead 15 years and her estate had been administered and the next of kin were definitely ascertained, payment direct was ordered, as no useful purpose would be served by the appointment of an administrator.... 497 ACCOUNT. a 715 See also Descent and Distribution. A notation over an account kept by decedent against another stated: "This account is not intended as a liability against T. F. B., but is only kept as a memorandum of outlay. As a claim against him it is to be cancelled. Cancelled and void (signed W. C. Beckert)." This was held to be a gift by decedent in his lifetime and was not a part of his estate at the time of his death and not liable to the distributive share of their widow, who elected to take against the will.. 569 Accounts filed should be opened to allow the petitioner, the widow of the decedent, to show that mistakes were made in accounting for property which she claims in her individual right, and which has been in her possession continuously since the decedent's death in 1906, where the administrator had claimed possession of said property and Court had inadvertently their distribution .. the ordered ... 737 Page. Where a life tenant accepted the terms of a will and enjoyed the benefits, revenues and profits of the estate during her lifetime, her executrix in an account filed after citation issued could not claim credit for interest paid on encumbrances on the life estate, insurance and taxes during the life tenant's enjoyment of the same. The life tenant was bound to pay the fixed charges, and if the income from the estate were not sufficient, she had adequate remedy. The filing of an account in the Orphans' Court either voluntarily or under compulsion of a citation tolls the statute of limitations.... 801 ACT OF GOD. an When parties agree that one shall do a thing for the benefit of the other, and so much money shall be paid for the doing, and their agreement goes no further, the words used exclude the supposition of either having contemplated the interposition of God, a public enemy, or the law, so as to put performance above and beyond human power; on the coming of such an impossibility performance has ceased to be a thing of human contemplation. Where the thing is possible in itself, the oblinotwithstanding it gation subsists is beyond the means of the person obliged to accomplish it, and he is answerable for the non-performance of his agreement. was Replevin. Where an action in assumpsit based on a judgment recovered in New York, an insufficient affidavit of defense would not prevent entry of judgment for plaintiff, but where it appeared that an appeal on the judgment was still pending in New York, an order was made delaying issue of process until the appeal proceeding in New York had been concluded An injured party has a right to maintain a separate action against each party involved in acts of concurrent negligence, and such right can be barred only as meanwhile he has received compensation, so that where plaintiff had agreed with one defendant for a definite amount as compensation for the negligent death of her husband, the court could not at the trial of the case against another defendant for the same trespass instruct the jury that any verdict for the plaintiff could not exceed in amount the sum agreed upon with the other defendant in another action against a different defendant, but growing out of the same accident, especially where no judgment had been entered or satisfaction made for the agreed sum When it appears that the rights of several plaintiffs in the subject matter of a suit is several, and not joint, and the defendant sees fit to take defense and go to trial on the merits without objection to the joinder, he is too late to raise the question at the conclusion of the trial. The referee properly refused a request to hold that the suit had not been well brought for that reason 753 499 60 97 101 Equity ordinarily will not entertain a suit where redress may be had at law, yet equitable jurisdiction 113 139 does not depend entirely upon the want of a common law remedy, but may be sustained on the ground that, under given circumstances, it is the most convenient and efficient road to adequate relief... A sales agent, who could not have maintained an action in his own name, was held not liable for the mercantile license tax as a broker, where the agreement with the seller granted a sole and exclusive agency for the sale of all coal produced and fixed his compensation, but the seller not only fixed the price, but consigned the coal directly to the purchaser. He had nothing to do with fixing the selling price nor was the title of the coal ever vested in him. His liability was not primary but secondary When the question of the constitutionality of a special Act of Assembly authorizing suit to be brought against the Commonwealth has been raised by an affdavit of defense, under the Practice Act of 1915, and decided in favor of the defendant, judgment will be directed against the plaintiff under Section 20 of that Act, without prejudice to the right of the plainttiff to proceed under the Act of March 30, 1811, P. L. 145.. The Act of May 31, 1911, P. L. 468, known as the State Highway Act, does not contain a provision allowing suit by a material man against the surety on a bond. It may be that a clause authorizing an action by sub-contractors or material men added to the bond, would be void.. 540 An action cannot be sustained against a husband and wife where the facts averred distinctly show a personal and separate contract against the wife only. If plaintiff expects to hold both, their right to do so must unequivocally appear A valid call for the payment of the of 218 574 602 joint action, not a separate action by each of the parties jointly interested; but there seems to be no principle of law which forbids a number of parties jointly concerned in a contract to permit one of them to represent all and act for all in suing for their joint rights, so long as the record protects the defendant against a multiplicity of suits. 784 An action pending in a state court, in which two of the defendants are residents of the state in which the action is pending, can not be removed to a United States District court. upon a petition of a third defendant on the ground that the plaintiff and the petitioner are residents of different states, both of which are other than that in which the action is pending...... 840 ADMINISTRATION, See Descent and Distribution: Orphans' Court; Register of Wills. ADOPTION. By Act of July 2, 1901, P. L. 606, the Courts of Common Pleas are authorized to decree the adoption of children who are residing in the County in which the application is made at the time of such application. by a person living in another State, upon the petition of the par Page. ents, or either of them, but a petition was dismissed where it was presented by non-residents and was not signed by either parent. The fact that the mother assented while the father opposed it, was not sufficient to decree an adoption The term "issue" as used in section 15, clause (b), of the Wills Act of June 7, 1917, which provides, inter alia, that where testator leaves no issue, no legacy to children or brothers or sisters, whether such children be designated by name or as a class, shall lapse by reason of the decease of such legatees in testator's lifetime, leaving issue, but such legacy shall be available for such surviving issue, embraces adopted children ADVANCEMENT. See Gifts. ADVERSE POSSESSION. See Ejectment; Real Estate. ADVERTISEMENT. See Newspapers; Notice. AFFIDAVIT. See also Pleading and Practice. The Act of May 10, 1919, P. L. 903, prescribes the fees to be charged by a Notary Public for taking an affidavit A libel in divorce was dismissed where the affidavit was taken in South Carolina Such affidavits must be in "the proper county." That is, where the libel is filed.. Where the party making the affidavit to a nominating petition did not have knowledge as to the requisite facts, and some signatures were added after the affidavit was made, the petition is erroneous and defective, but an amendment of such a petition will be allowed... Before a decree in divorce can be granted, on the ground of desertion, the place where the desertion occurred, the length of residence of the libellant in the county, and the place where the respondent was served must clearly appear. An averment in the affidavit as to residence is not sufficient... The court will not enter judgment for the defendant in a suit on an affidavit which merely aver that "while the caption of the suit shows that the plaintiff is a foreign corporation, the statement itself does not show whether or not it is duly authorized and empowered to do business within the State of Pennsylvania," without stating the facts which constituted doing business there On a rule for judgment for want of a sufficient affidavit of defense, a statement or affidavit on information is defective in not setting forth the sources, unless there is the additional averment of expectation to prove the averments "are true and correct as he verily believes" is insufficient 523 670 77 266 479 648 699 749 It is not the practice to enter judgment for alleged default in the performance of the provisions of a contract, by virtue of a warrant of attorney to confess judgment contained therein, without at least an affidavit in some form that the alleged default actually has occurred, and a judgment entered in such case without such affidavit or other legal proof is illegal and will be stricken from the record .......... 750 Subject. AFFIDAVIT OF DEFENSE. See Page. Subject. Judgments; also Assumpsit; Pleading and Practice. Plaintiff's failure to endorse an on his address of statement claim where papers were to be served as the required by Practice Act of May L. 14, 1915, P. 483, Section 10, was sufficient justification for the filing of a statutory demurrer raising this question without answering plaintiff's averments and demurrer sustained with leave amend to 80 account Nothing can be taken into on demurrer but be When the question of the constitutionality of a special Act of Assembly authorizing suit to brought against the Commonwealth has been raised by an affidavit of defense, under the Practice Act of 1915, and decided in favor of the judgment defendant, will be directed against the plaintiff under Section 20 Act, without of that prejudice to the right of the plainproceed under the Act of March 30, 1811. P. L. 145....... A demurer to a plaintiff's statement lie where the original tiff to would not of of claim stated action, a cause damages basing the measure claimed as the difference between the contract price and the market price of the date of alleged breach, and in an amended statement the basis for damages was the alleged refusal of defendant to accept furDamages are ther shipments. be determined at the trial. When 218 to 272 a defendant seeks to have judgment entered in default of an affidavit of defense opened the present an affidavit of defense with his peti proper tion to show that he has a full and complete defense to the whole of plaintiff's claim 382 A demurrer, now called "an affidavit of defense raising questions of law,' truth of the facts hence, if the statement the a 397 admits pleaded, exhibits a cause of action, the Court can not strike it down merely because a fact averred by the defendant may, if established, further defense. complete legal Where an affidavit of defense raises a question of law, it is improper to grant plaintiff a rule for judgment for want of a sufficient affidavit of defense Under the Practice Act of 1915, an affidavit of defense cannot raise questions of law not appearing in the statement of claim Where judment was entered in default of an affidavit of defense, the dismissed Court show rule to a cause why it should not be opened on the ground that defendant's attorney was absent on his vacation and had also misinterpreted the practice act of 1915. The practice act of 1915 is mandatory in its requirements that the affidavit of defense shall be filed within fifteen after service of the days statement action on a promissory note was insufflcient to prevent judgment where it was averred that the note mentioned in the agreement could be renewed at maturity and "at said time and many times thereafter the plaintiff agreed with defendant that in consideration of the said defendant devoting his time, energies and money in perfecting the said An affidavit of defense to an 398 500 513 machines and advancing the interests the of said corporation which the plaintiff held stock, the said plaintiff agreed to renew said note from time to time until such time as the defendant would be able to place the machines upon the market the and said corporation would begin to show profits from the sale of the said machines," but it was not averred that defendant had requested a renewal and he could not now defend against a request or payment Whatever may have been the law of Pennsylvania prior to the passage of the Act of 1901, since the enactment of that statute, it is the recognized rule, that a transfer of a note made by a holder in due course, although made after maturity vests in the indorsee, the indorser's right which cannot be defeated on the ground that the note was accomodation paper, so that an affidavit of defense, claiming the acindorser commodation was not liable, the note, having been purchased by plaintiff after maturity, Was insufficient to prevent judg Where plaintiffs issued a scire facias sur a mortgage year and a half after it became due, having cepted interest 31/2 per cent., the rate named in the mortgage for two interest periods, but demanded 6 pe cent. interest on theh last period, an affidavit setting up an agreement prior to the gage becoming due that the interest rate was to continue unchanged, and also no notice of the proposed change, was held to sufficient Rule for carry the case to a jury. judgment for want of a sufficient defense discharged... 597 It is very doubtful if a court would sustain an illegal contract |