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INDEX TO SUBJECTS
For Cases See Index to Cases.
CONSTITUTION OF THE UNITED STATES. Date.
1855, April 27....Real Estate
1855, April 27...Decedents
1860, March 31...Criminal Law
70, 239, 657
1863, Dec. 14. .,. Landlord and Tenant.
1868. Feb. 28. Water
1871. June 29.... Sheriff's Sales
1873, April 4. ... Trusts
1873, June 26. Auctioneers
1874, April 29. ...Corporations
49, 51, 84. 471, 652
1874, May 15. Public Office
56, 209, 567
1889, April 23. Elections
1889, May 9.
1 1893, June 10.
349 1897, July 30.. Liquor Licenses 209, 557
78 1901, Feb. 25 Forests
252 1901, May 16.....Bills and Notes.
.545 1901, June 1. Mines
523 1915, June 2.. Workmen's Compensa-
638, 797, 804, 853, 861
345 1915, June 4.
5091915, June 15.
618 | 1915, June 17,
338 1915, July 22.
.325, 667 1915, May 14.
'Practice 53, 69, 80, 108
397, 398, 399, 427, 498
500, 513, 699, 710, 749
750, 751, 792, 816, 828
106 1917, May 17..
281 1917, May 18.
Criminal Law ....657, 659
763 1917, June 7.
56, 567 1917, June 7..
Intestates ..1, 159, 588, 833
73 1917, June 7..
...78, 301, 608, 635, 697
207, 613, 670
17 1917, June 7.
Fictitious Names...12, 26
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.
540 1919, May 16.
699 1919, May 21,
619 1919, May 23,
486 1919, June 4.
255 1919, June 16.
17 1919, June 20....
400 1919, June 30....
122 1919, June 30....
.25, 190, 194, 197, 300
. 17, 579
430, 660, 671,
122 1919, July 1.
122 | 1919, July 1
665, 742 1919, July 7.
819 1919, July 7.
692 1919, July 8.
427 1919, July 9
109 | 1919. July 9..
1919, July 10
Public Schools 72, 860
184 | 1919, July 15.
656 | 1919, July 17.
338 | 1919, July 18. Rehabilitation
.....6, 180, 473, 652, 832
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
there was no evidence that the
.177, 178, 520 alleged crime had been committed
in that State. The ract that the
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
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
one defendant for a definite amount
compensation for the negligent death
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
verdict for a liability against T. F. B., but is
could not exceed amount the only kept as memorandum of
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
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
that the administrator had claimed pos
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
law, yet equitable jurisdiction
Page, does not depend entirely upon the
ents, or either of them, but a petiwant of a common law remedy, but
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
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
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.
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
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...
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
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
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.
749 See Descent and Distribution:
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
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
said plaintiff agreed to renew said statement of claim
note from time to time until such where papers were to be served 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
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
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...
was insufficient to prevent judgA demurer to a plaintiff's statement
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..
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
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
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
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
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
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
liable to the
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
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