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INDEX TO SUBJECTS

For Cases See Index to Cases.

833

..3,

1:22

CONSTITUTION OF THE UNITED STATES. Date.

Subject.

Page.
Article I, Section 8.
349 1836, June 13.... Lunacy

641
Article III, Section 52.
401, 411 1836, June 16.... Equity

173
IV Amendinient.

72 +
1836, July 16.... Courts

113
VI Amendment.
289, 293 1836, June 16.. Practice

751
VII
Anneniment.
401 1836, Junie 16. ... Criminal Law

762
XIV Amendment.
130, 279, 117, 534 1836, June 16.... Sheriff's Sales

856
Xy
Amendment.

545
1840, April 14... .Notary Public

77
XVIII Amendment.
56, 209, 721 1841, April 29.. Taxation

252
XIX Amendment.
56, 545 1846, April 20....Sheriff's Sales

856
1851, P. L. 419... Water

122
STATUTES OF CONGRESS.
1854, April 15....Taxation

252
Date.

7
Subject.

1855, April 27....Real Estate
Page.

1855, April 27...Decedents
1879, Sept. 24... Practice

401
1856, April 22, Real Estate

267
1848, March 8... Military

211
1837, May 16.. Taxes

123
1907,
Federal Reserve Bank. 763
1859. April 9. ..Auctioneers

14
1907, March 4... Foods

278

1860, March 31...Criminal Law
1914, Sept. 26. Trade Commission.

237

70, 239, 657
1916, Sept. 8.. , Taxation
65 1862, April 10....Sheriff's Sales

856
1317, Aug. 10. ,Prices

289
1863, Feb. 10. Process

319
1919, Feb. 21.... Revenue Tax

63%

1863, Dec. 14. .,. Landlord and Tenant.
1918, Varch 8... Military Service
25

37, 350
1918, March 19.. Time

310
1865, P. L. 613.. Employment

190
1918, July 9.. War Supplies.

773
1867, April 6.. Municipalities

122
1918, Sept. 26. ...Federal Reserve.

600
1867, April 10. Jurors

231
1919, Feb. 25. War Supplies.

773
1867, April 13. ..Non-Support

3
1919, Oct. 22 Prices
289, 293 1867, June 14. Municipalities

122
1919, Oct. 28.....Prohibition

1868. Feb. 28. Water

122
1968, April 2. ..Fees

584
REVISED STATI TES OF UNITED STATES. 1869, March 17...Attachment

336, 563
Section 726, Practice..
401 1869, March 18...Auctioneers

14
Section 753, Habeas Corpus.
415 1870. April 1.. Trusts

60%
1871, May 18 Appeals

513
CONSTITUTION OF PENNSYLVANIA.

1871. June 29.... Sheriff's Sales
1872, March 29.. Trusts

608
Article III, Section 7, Cities... 122, 218

1873, April 4. ... Trusts

608
Article III, Section 20, Powers.

1873, June 26. Auctioneers

14
Article III. Section 22, Trusts.

608

1874, April 29. ...Corporations
Article VII, Section 7.

Laws.
218

49, 51, 84. 471, 652
Article XVI, Section 3

190, 673
1874, May 14... Taxation

480
Article XVI, Section 10

190

1874, May 15. Public Office
Article XVII, Section 6

703
1874, May 15.. .Contracts

705
Article XVII, Section 9

673
1875, March 18...Crimes

240
Article VIII, Section 1

515
1876, April 17... .Appeals

581
1876, May 13. Banks

233
STATUTES OF NEW YORK.
1876, May 13 Crimes

239
Section 1913, Civil Code, Actions...... 60 1876, May 13 Judgments

863
1879, April 11... Trustees

301
1879, June 4. Devises

613
STATUTES OF NEW JERSEY.
1879, July 7.. Jurisiliction

500
1912, P. L. 397, Practice.......

401
1881, June 18. Trusts

820
1883, June 20. Service

695
GENERAL BANKRUPTCY ORDERS.
1885, April 27.

7
Real Estate
1885, June 30. Decedents

301, 833
Order XVII and Rule 9.

797
1887, May 6. Taxation

65
1887, May 13 Liquors

56, 209, 567
ACTS OF ASSEMBLY CONSTRUED. 1887, May 23. Practice
Date.
Subject.
Page.

Time
1887, May 23.

310

1889, April 23. Elections
1715, May 18.. Assignment
152 1889, May 2 Escheat

157
1772, March 21.. Landlord and Tenant. 37

1889, May 9.
Banks

60
1779, April 3, Replevin
111 1889, June 1. . Corporations

49, 51
1785, Feb. 18.... Criminal Law

3
1891, May 16 Municipalities

637
1785. Feb. 18. Habeas Corpus

544
1891, June 9.
Liquor Licenses

209
1794, April 22. Jurisdiction
528 1893, April 6. Corporations

471
1791, Feb. 26... Domicile

1 1893, June 10.
Elertions

655
1806, Feb. 24, ... Judgments
25 1895, May 22 Affidavit

266
1808, March 21.. Practice
651 1895, June 18. Marriage

53
1810, March 10.. Practice
500 1895, June 27. Contracts

202
1810, March 20.. Costs
143 1895, July 2. ('orporations

49, 51
1810, March 30.. Certiorari
248 1897, July 9. Practice

390
1814, March 22.. Jurisdiction

143
1897, July 12.. Decellents

290
1518, March 24.. Notary Public
77 1897. July 15. Taxation

763
1827, March 29.. Process

349 1897, July 30.. Liquor Licenses 209, 557
1830, April 6.... Taxation
645 1899, June 1. Taxation

184
1832, March 15.. Decedents

78 1901, Feb. 25 Forests

.345, 456
1834, Feb, 24.... Wills
636 1901, March 7. ...Municipalities

122
1834, April 5. Taxation

252 1901, May 16.....Bills and Notes.
1834, April 14....Jurors

231

276, 571,

715, 746
1831, April 14.. Attorneys
609 1901, June 1. Roads

622
1834, April 15... Registration

.545 1901, June 1. Mines
1836, March 11...Interpleader
142 1901, June 4 Taxation

17, 573
1836, June 13....Foreign Attachment... 1901, June 4.

Insolvency

761
433, 503 1901, June 4. .. Sheriff's Sales

850

38

375

122

Date.
Subject.
Page. Date.

Subject.

Page.
375 1915, June 1.

Divorce
1901, June 8..... Elections

11
1901, June 14. . Liens
207 1915, June 1 Insane

15
1901, July 2. ...Adoption

523 1915, June 2.. Workmen's Compensa-

ton....
142

102,
1901, July 9.

170, 283
...Replevin
..Dentists

652

349,
1901, July 9.

373, 393,

488, 553
1903, March 11...Municipalities

122

638, 797, 804, 853, 861
425 1915, June 3.

Parole
1903, March 25...Tenements

255
1903, April 2... ..Municipalities
637 1915, June 4. Taxation

103
1903, April 15. ... Railways

345 1915, June 4.
Public Schools

456
1903 April 23. Trial
414 1915, June 7. Employment

190
1903 April 23.

Water
('orporations

5091915, June 15.
1903 April 23. Juveniles

618 | 1915, June 17,
Loans

620
1905, March 24...
..Marriage
56 1915, July 3. Appeals

417
1905, March 28...Attachment

338 1915, July 22.
Townships

651
1905, March 30. ..Attachment
503 1917, March 30. Optometry

9
1917, April 5.

Actions
1905, March 30...Landlord and Tenant..

218
425, 503 | 1917, May 10.
Moving Pictures

87
1905, April 20.... Ejectment

.325, 667 1915, May 14.

'Practice 53, 69, 80, 108
1905, April 22. .Practice

381, 647

397, 398, 399, 427, 498
1905, May 11. .Highways

540

500, 513, 699, 710, 749
1905, May 11. ...Armories

693

750, 751, 792, 816, 828
1907, March 5.... Appeals

106 1917, May 17..
Drugs

702
1907, May 7.. Dentists

281 1917, May 18.

Criminal Law ....657, 659

'Criminal Law
1907, June 13. Trust Companies
184 1917, May 24...

761
1907. June 15.... Taxation

763 1917, June 7.
'Birds

847
1909, March 11...Beverages

56, 567 1917, June 7..

Intestates ..1, 159, 588, 833
1909, April 23. ... Roads

73 1917, June 7..

Fiduciaries
1909, April 27....Automobiles

687

...78, 301, 608, 635, 697
1909, April 27.

Wills
..Bills and Notes. 715 1917, June 7.

207, 613, 670
1909, April 27....Taxation

17 1917, June 7.

Drugs
1909, May 3.. ...Landlord and Tenant.. 551 1917, June 28.

Fictitious Names...12, 26
1909, May 8. Firearms

318,
.178, 520

385, 387,

647. 828
1909, May 8. .Drugs

96 1917, July 11..
Bastards

3, 70
1909, May 10. ....Criminal Law

589 1917, July 11.
•Appeals

581
1909, May 13. Food

773 1917, July 11.
Dogs

782
1911, March 2....Mines

375 1917, July 11.

Firearms

178, 520
1911, March 7....Water

122 1917, July 11.
Drugs

281
1911, May 12.....Water

122 1917, July 14.
Townships

651
1911, March 30...Actions

218 1917, July 18.
Safety Standards

87
1911, May 31 .....Municipalities

122 1917, July 25.
Fairs

236
1911, April 6. ....Food

278 | 1917, July 28
Waters

581
1911, April 13.... Amusements

172 1919, Feb. 24.
'Armories

692
1911, April 20. ..Judgment

537 1919, Feb. 26.
Licenses

815
1911, April 21. .Real Estate

159 1919, May 1.
• Records

662
1911, May 5......Courts

427 | 1919, May 1.
Bail

330
1911, May 11. ... Escheat

157 | 1919. May 8.
'Liquor Licenses

303
1911, May 18.....School Code

1919, May 8.
Divorce

11
167, 456, 595 1919, May 10

'Notary Public
1911. May 31.... State Highways

540 1919, May 16.
Escheat

157
1911, June 8, . Corporations

699 1919, May 21,
''Banks

600, 640
1911, June 9... ..Mines and Mining 327

Game
1919, May 23.

610
1911, June 10.... Criminal Law

619 1919, May 23,
Milk Tests

153
1911, June 13.... Taxation

486 1919, June 4.
"Loans

819
1911, June 19.... Parole

255 1919, June 16.

Beverages

.56, 567
1911, June 30.... Taxation

17 1919, June 20....

Transfer Inheritance
1913, March 27.. Forests

345

Tax

849
1913, April 2.....Courts

427
1919, June 26....

Workmen's Compensa.
1913, May 9......Public Schools

595

tion

393, 553
1913, May 13.... Divorce

400 1919, June 30....
Taxation

314
1913, May 20 Municipalities

122 1919, June 30....

Motor Cars
1913, May 20 Churches

352

.25, 190, 194, 197, 300
1913, May 21 Taxation

. 17, 579

430, 660, 671,

683, 698
1913, May 31 .Water

122 1919, July 1.
Salaries

766
1913, June 5 Boroughs

122 | 1919, July 1
Insurance

627
1913, June 12 .. Health

665, 742 1919, July 7.

Forests

345, 456
1913, June 17.... Loans

819 1919, July 7.

Taxation
1913, June 19 ... Records

692 1919, July 8.
Liens

217
1913, June 25.... Courts

427 1919, July 9

Taxation
1913, July 7......Automobiles

109 | 1919. July 9..
Elections

74, 655
1913, July 26. ....Public Service

1919, July 10

Public Schools 72, 860
11.3 122, 225, 417, 481, 673 1919, July 12.

Architects

187, 384
1913, July 22..... Taxation

184 | 1919, July 15.
Taxation

184
1913 July 24..... Elections

656 | 1919, July 17.
Banks

600
1915 March 15... Divorce
11, 270 | 1919, July 18. .Prisons

488
1915, March 19...County Court

338 | 1919, July 18. Rehabilitation
1915, April 14.... Health

480, 665

.....6, 180, 473, 652, 832
1915, April 22. ...Corporations
699 1919, July 21. ... Criminal Law

762
1915, May 3.. Dentists

281, 652
1915, June 4. Forests

345
1915, June 11. Absentee

302
1915, May 13. .rhild Labor

442
1915, May 14.....Actions

218 ABANDONMENT.
1915, May 14.....Borough Code

54, 223

See Non-Pros.
1915, May 14.... Insurance

25
1915, May 15 ..Child Labor

102 A citizen of Pennsylvania who had
1915, May 15 ...Amusements

171 temporarily visited Ohio cannot be
1915, May 19 Sales

607, 807 returned to that State on a requisi-
1915, May 28 Health

176 tion as a "fugitive from justice" on
1915, May 28 .Feme Sole Trader.. 163

а charge of abaxuonment, where
1915, May 28. Taxation

17

there was no evidence that the
1915, June 1. Aliens

.177, 178, 520 alleged crime had been committed
1915, June 1. Children

141

in that State. The ract that the

17

15

Subject.
Page. 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-
ance of his agreement.

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
the time of his
agreed sum

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. i 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
compensation, but the

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
be
no

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

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Subject.
Page. 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
quest for any menit

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
statement

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
had
niisinterpreted the

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

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