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Page. vided for the checking of such articles, was given a check for the same, and upon the same day presented the check and requested the return of his bag. He was thereupon informed that the bag could not br, found

742 An affidavit of defense in an action

on a bill of exchange was insuffi-
cient to prevent judgment under
the Negotiable Instrument Act of
1901 in simply averring that
"plaintiff knew" and had "full
knowledge

of all the
facts, etc." in that plaintiff, being
a corporation, it was incumbent
upon defendant to name the person
acting for plaintiff and stating
precisely the circumstances under
which the knowledge by plaintiff
was acquired

746 A defendant cannot question the suf

ficiency of the plaintiff's statement
by raising a point of law under
Sectio 20 of the P ctice Act of
May 14, 1915, P. L. 483, on

the
ground that the statement does not
show the residence of the parties
and their relationship, their names
being the same. If the plaintiff is
an alien enemy or the husband of
the defendant, these are matters of
defense to be first alleged in the
a ffidavit of defense

816 An affidavit of defense "in lieu of a

demurrer" under the Practice Act
of 1915, Section 20, brings before
the Court only such facts as ар-
pear of record, and

not

those alleged in the affidavit of defense, itself

828

AGENCY.

See Principal and Agent. AGRICULTURE.

See Industrial Accidents. ALCOHOL.

See Prohibition.

Subject.

Page. An unnaturalized foreigner did not

violate thhe Act of May 8, 1909,
P. L. 466, as amended by the Act
of July 11, 1917, P. L. 799, and on
appeal from a summary conviction
before a magistrate was discharged,
where one of two shotguns found
on his premises was owned by his
native born minor son and the other
was owned by another unnatural-
ized foreigner, residing in this
Commonwealth, each of whom were
licensed to hunt game..

178 Alienage of a' juror, though not dis

covered until after the verdict has
been received, recorded and the
jury discharged, is not, per se,
ground for a new trial where de-
fendant has been convicted of

murder of the first degree... 231 During a state of war an alien enemy

is not deprived of the right to enter
an action in col'rt. Defendant's
demurrer overruled

397 An indictment under the Act of May

8, 1909, P. L. 466, of an unnatural.
ized foreign-born resident of the
Commonwealth for owning a shot.
gun or riflle, which does not con-
tain an averment that the defend-
ant has been a resident of the Com-
monwealth for ten consecutive days,
will be quashed

520 After an adverse verdict, it was too

late to reverse a conviction of first
degree murder, when there was
nothing to show that defendant had
been misled or deceived in accepting
one not a citizen of the United
States as a juror. This was proper
information to be ascertained when
there was nothing to show that de-
fendant had been misled or deceived
in accepting one not a citizen of the
United States as a juror. This was
proper information to be ascertained
when the juror was called and
sworn on his voir dire...

848 ALIMONY.

See also Divorce.
In a petition for alimony and counsel

fees in a divorce application upon
the ground of desertion, the aver-
ments of the answer to the peti-
tion must be assumed to be true in
deciding on the rule....

560 Where in a divorce proceeding the

Court of Common Pleas has made
an order requiring the libellant hus-
band to

pay his wife alimony
pendente lite, and upon a decree of
divorce in favor of the husband the
wife takes an appeal, and make
affidavit that by reason of poverty
she is unable to file a recognizance
as otherwise required by law, it
matters not whether the appeal
operates as a supersedeas or not,
the payments of alimony must con-
tinue until the case has been de-

termined finally on the appeal..... 760 ALLEGATA AND PROBATA.

See Evidence, Pleading and Practice.
AMENDMENTS.

See also Charters, Pleading and Practice.
An amendment to the name of a pro-

posed corporation, and an amend-
ment to the statement of the pur-
pose for which the corporation is
fornied, making the

same more
full and clear, may be required and
allowed by the court, before de-
cree entered, without re-advertise-
ment

76 An amendment to a statement of

claim is allowable where it did not
set up a new cause of action or

ALDERMAN.

See Certiorari Judgments, Magistrate.
ALIENS.
In the distribution of assets of foreign

intestates, the Orphans' art of
Allegheny County will require that
the domicile of decedent be con-
clusively established before a de-
cree will be made. If the distribu-
tees are domiciled abroad, their
rights to share in the estate must
be clear as well as how said shares
are to be disbursed either by con-
sular agencies or otherwise...

1 In the incorporation of a social

society the court will require that
all officers and directors of the
corporation shall be American citi-
zens, and that one of the condi.
tions of becoming a member shall
be that every proposed member, if
not already a citizen of th United
States, shall declare his intention
of becoming such just as soon as
he legally can do so...

76 An unnaturalized foreigner did not

violate the Act of June 1, 1915, P.
L. 644, and on appeal from a sum-
mary conviction tefore a magis-
trate was discharged where two
dogs found on his premises were
owned by his native born minor son,
who paid the dog tax and had a
hunter's license. The son

had a
right to keep his dogs in the house
which was the common home of
himself and his father

177

a

a

Subject.
Page. Subject.

Page. change the form of action and was APARTMENT. not barred by the statute of limitations

See Building Restrictions.

267 An amendment to a libel in divorce

APPEALS. was improper where the date of desertion was laid as of March 25,

The words "finally losing the cause'' 1909, and the testimony showed it

in the Act of 1897, and "final detook place April 22, 1910, and

cision" in the Act of 1907, refer to counsel at once moved before the

the state of the record of the court master to amend the libel chang

in which the case was tried, which ing the date, in that an inspection

puts an end to the action. When of the record and docket entries

no further question is reserved for disclosed the fact that no motion

future determination except such as or petition for leave to amend was

may be necessary to carry the final filed. While the right to amend

judgment into effect

106 is not questioned, it cannot be said The Act of June 15, 1915, P. L. 976, that the existence of a right not

relating to water rates in municiexercised has the legal effect of a

palities give the courts jurisdiction right exercised, and the master

on appeal to make "such order and erred in assuming the motion to

decree touching the matter comamend was the equivalent of an

plained of as may seem just and order of Court allowing the amend

equitable." This warrant of aument

316 thority is necessarily limited to The word "Purchased" in plaintiff's

revision of those matters which may statement of claim for goods sold

be legally "complained of" to the and delivered does not necessarily

full board of water assessors, i. e., create an inference that the goods

errors in assessments which that were accepted. This being a matter

body has power to redress, by reof substance, an amendment "that

duction or otherwise,

and

plainsaid order was then and there

tiff who failed to make complaint orally accepted by said defendant"

to the Board of Water Assessors could not be allowed. The state

within the time required by the ment was fatally defective and rule

Act is estopped by his laches from to quash writ of attachment abso

raising the question in a court of lute

348 equity. Το wait until the city An amendment to

filed a

a

then lien

defending of

and statement claim in trespass to recover dam

upon sci. fa. would be too late.... 113 ages for

from personal

Where, pending an injuries

appeal was allowed more than two years after

judgment of a Justice of the Peace, filing the claim because the amend

the defendant also sues out a writ ment did not change the cause of

of certiorari, on motion the writ action and would not harm the de

of certiorari will be quashed. De

fendant is not entitled to both an fendant in any way.

380
appeal and а certiorari

138 A motion for an amendment to the

An

unnaturalized foreigner did not official report of a court stenog

violate the Act of June 1, 1915, P. rapher in the trial of a case must

L. 644, and on appeal from a sumbe made in the form prescribed by

inary conviction before a magistrate law. Where this was not done, the

Was discharged where two dog's court refused the motion

491 found on his premises were owned Statutes of amendment are liberally

by his native born minor son, who construed to give effect to their

paid the dog tax and had a huntclearly defined intent to prevent a

er's license. The son had a right to defeat of justice, through a mere

keep his dogs in the house which mistake as to parties or the form

was the common home of himself of action, So no error was com

and
his
father...

177 mitted where the amendment was

In assumpsit over the sales of an auallowed, changing the nane

tomobile, evidence which explained plaintiff corporation as well as the

but did not vary or contradict the name of the State in which is was

terns of the written agreement was chartered

513 competent and appeal by defendPlaintiff,

ant from County to Common Pleas after he had closed his

refused It was also competent to case and after a motion for a nonsuit had been made, was permitted

explain the meaning of an abbrevia

tion so as to identify the car...... 193 to amend his statement of claim so

An appeal

was allowed from the as to conform to the

testimony

County Court to the Common Pleas offered at the trial. in an action

from a judgment against defendant on an alleged agreement to recover

which had been sued for the loss on a bonus in getting out a particular

a car load of lumber in that at the piece of work

518

trial it was plaintiff's burden to A libel in divorce from bed and board

prove that the lumber complied may be amended to one for a di

with the specifications and further vorce a vinculo matrimonii.......

583
the testimony

as to

sale of the

lumber after its rejection and deAMICABIE EJECTMENT.

fendant's liability for the difference

200 See Ejectment, Landlord and Tenant.

was for the jury

If a claim against the Commonwealth ANIMALS.

under the provisions of the Act of March

30,

1811, is disallowed, an See also Dogs, Trespass.

appeal lies to the Court of Common The act of tying a can to dog's

Pleas Dauphin County where tail will subject the tyer to impu

the case is then triable LIS other tation of cruelty to animals, with

cases of like character

218 impending punishment under the

A defense not raised in the affidavit statute. But to insure such punish

of defense or at the trial will not ment, the tying should be shown

be considered on appeal

296 to have been accompanied by signs

An appeal in a Workmen's Compensaof terror and flight of the animal

tion case syas dismissed, where obthus obsessed. Where no such sign

jection was made as to the amount is apparent the case falls...... 649 of the award based upon claimant's

of

a

of

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Subject.

Page. vided for the checking of

such articles, was given a check for the same, and upon the saine day presented the check and requested the return of his bag. He was thereupon informed that the bag could not be found

742 An affidavit of defense in an action on

a bill of exchange was insufficient to

prevent judgment under
the Negotiable Instrument Act of
1901 in simply averring that
“plaintiff knew" and had "full
knowledge

of
all

the
facts, etc." in that plaintiff, being
a corporation, it was incumbent
upon defendant to name the person
acting for plaintiff and stating
precisely the circumstances under
which the knowledge by plaintiff
was acquired

746 A defendant cannot question the suf

ficiency of the plaintiff's statement
by raising а point of law under
Section 20 of the Practice Act of
May 14, 1915, P. L. 483, on

the
ground that the statement does not
show the residence of the parties
and their relationship, their names
being the same. If the plaintiff is
an alien enemy or the husband of
the defendant, these are matters of
defense to be first alleged in the
affidavit of defense

816 An affidavit of defense "in lieu of a

demurrer" under the Practice Act
of 1915, Section 20, brings before
the Court only such facts as ap-
pear of record, and not those
allege in the affidavit of defense,
itself

828

Subject.

Page. An unnaturalized foreigner did not

violate thhe Act of May 8, 1909,
P. L. 466, as amended by the Act
of July 11, 1917, P. L. 799, and on
appeal from a summary conviction
before a magistrate was discharged,
where one of two shotguns found
on his premises was owned by his
native born minor son and the other
was owned by another unnatural-
ized foreigner, residing in this
Commonwealth, each of whom were
licensed to hunt game..

178 Alienage of a juror, though not dis

covered until after the verdict has
been received, recorded and

the
jury discharged, is

not, per se, ground for a new trial where de. fendant has been convicted or murder of the first degree..

231 During a state of war an alien enemy

is not deprived of the right to enter
an

action in col'rt. Defendant's
demurrer overruled

397 An indictment under the Act of May

8, 1909, P. L. 466, of an unnatural-
ized

foreign-born resident of tho
Commonwealth for owning a shot-
gun or riflle, which does not con-
tain an averment that the defend.
ant has been a resident of the Com-
monwealth for ten consecutive days,

will be quashed
After an adverse verdict, it was too

late to reverse a conviction of first
degree murder, when there
nothing to show that defendant had
been misled or deceived in accepting
one not a citizen or the United
States as a juror. This was proper
information to be ascertained when
there was nothing to show that de.
fendant had been misled or deceived
in accepting one not a citizen of the
United States as a juror. This was
proper information to be ascertained
when the juror was called and
sworn on his voir dire..

343

AGENCY

See Principal and Agent.

AGRICULTURE.

See Industrial Accidents.

ALCOHOL.

See Prohibition.

ALDERMAN.

See Certiorari Judgments, Magistrate.
ALIENS.
In the distribution of assets of foreign

intestates, the Orphans' Court of
Allegheny County will require that
the domicile of decedent be con-
clusively established before a de
cree will be made. If the listribu-
tees are domiciled abroad, their
rights to share in the estate must
be clear as well as how said shares
are to be disbursed either by con-
sular agencies or otherwise..

1 In the incorporation of a social

society the court will require that
all officers and directors of the
corporation shall be American citi.
zens, and that one of the condi-
tions of becoming a member shall
be that every proposed member, if
not already a citizen of the United
States, shall declare his intention
of becoming such just as soon as
he legally can do

80....

76 An unnaturalized foreigner did not

violate the Act of June 1, 1915, P.
L. 644, and on appeal from a sum-
mary conviction tefore magis.
trate was discharged where two
dogs found

on his premises were
owned by his native born minor son,
who paid the dog tax and had a
hunter's license. The son had a
right to keep his dogs in the house
which

was

the common home of himself and his father

177

ALIMONY.

See also Divorce.
In a petition for alimony and counsel

fees in a divorce application upon
the ground of desertion, the aver-
ments of the answer to the peti-
tion must be assumed to be true in
deciding on the rule...

560 Where in divorce proceeding the

Court of Common Pleas has made
an order requiring the libellant hus-
band to pay his

wife alimony
pendente lite, and upon a decree of
divorce in favor of the husband the
wife takes an appeal, and make
a ffidavit that by reason of poverty
she is unable to file a recognizance
as otherwise required by law, it
matters not whether the appeal
operates as a supersedeas or not,
the payments of alimony must con-
tinue until the case has been de-
termined finally on the appeal..... 160

ALLEGATA AND PROBATA.

See Evidence, Pleading and Practice.

AMENDMENTS.

See also Charters, Pleading and Practice.
An amendment to the name of a pro-

posed corporation, and an amend.
ment to the statement of the pur-
pose for which the corporation is
formed, making the same more
full and elear, may be required and
allowed by the court, before
cree entered. without re-advertise.

ment
An amendment to statement of

claim is allowable where it did not
Set up a new cause of action or

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Subject.

Page. change the form of action and was not barred by the statute of limitations

267 An amendment to a libel in divorce

was improper where the date of
desertion was laid as of March 25,
1909, and the testimony showed it
took place April

22, 1910, and
counsel at once moved before the
master to amend the libel chang-
ing the date, in that an inspection
of the record and docket entries
disclosed the fact that no motion
or petition for leave to amend was
filed. While the right to amend
is not questioned, it cannot be said
that the existence of a right not
exercised has the legal effect of a
right exercised, and the master
erred in assuming the motion to
amend was the equivalent of an
order of Court allowing the amend-
ment

316 The word “Purchased" in plaintiff's

statement of claim for goods sold
and delivered does not necessarily
create an inference that the goods
were accepted. This being a matter
of substance, an amendment "that
said
order was then and

there
orally accepted by said defendant"
could not be allowed. The state-
ment was fatally defective and rule
to quash writ of attachment abso-
lute

348 An amendment to a statement of

claim in trespass to recover dam-
ages for

personal injuries was
allowed more than two years after
filing the ciaim because the amend-
ment did not change the cause of
action and would not harm the de-
fendant in any way.

380 A motion for an amendment to the

official report of a court stenog-
rapher in the trial of a case must
be made in the form prescribed by
law. Where this was not done, the
court refused the motion

491 Statutes of amendment are liberally

construed to give effect to their
clearly defined intent to prevent a
defeat of justice, through a mere
mistake as to parties or the form
of action, SO no error was com-
mitted where the amendment was
allowed, changing the name of
plaintiff corporation as well as the
name of the State in which is was
chartered

513 Plaintiff, after he had closed his

case and after a motion for a non-
suit had been made, was permitted
to amend his statement of claim so
as to conform to the testimony
offered at the trial, in an action
on an alleged agreement to recover
a bonus in getting out a particular

piece of work
A libel in divorce from bed and board

may be amended to one for a divorce a vinculo matrimonii....... 583

on

APPEALS.
The words "finally losing the cause

in the Act of 1897, and final de-
cision" in the Act of 1907, refer to
the state of the record of the court
in which the case was tried, which
puts an end to the action. When
no further question is reserved for
future determination except such as
may be necessary to carry the final
judgment into effect

106 The Act of June 15, 1915, P. L. 976,

relating to water rates in munici-
palities give the courts jurisdiction
on appeal to make "such order and
decree touching the matter com-
plained of as may seem just and
equitable." This warrant

of au-
thority is necessarily limited to a
revision of those matters which may
be legally "complained of" to the
full board of water assessors, i. e.,
errors in assessments which that
body has power to redress, by re-
duction or otherwise, and plain-
tiff who failed to make complaint
to the Board of Water Assessors
within the time required by the
Act is estopped by his laches from
raising the question in court of
equity. Το wait until the city
filed a lien and then defending

upon sci. fa. would be too late.... 113 Where, pending an appeal from a

judgment of a Justice of the Peace,
the defendant also sues out a writ
of certiorari,

motion the writ
of certiorari will be quashed. De
fendant is not entitled to both an
appeal and a certiorari

138 An unnaturalized foreigner did not

violate the Act of June 1, 1915, P.
L. 644, and on appeal from a sum-
inary conviction before a magistrate
was discharged where two dogs
found on his premises were owned
by his native born minor son, who
paid the dog tax and had a hunt-
er's license. The son had a right to
keep his dogs in the house which
Was the common home of himself
and his father.

177 In assumpsit over the sales of an au

tomobile, evidence which explained
but did not vary or contradict the
terns of the written agreement was
competent and appeal by defend-
ant from County to Common Pleas
refused It was also competent to
explain the meaning of an abbrevia-

tion so as to identify the car...... 193 An appeal was allowed from the

County Court to the Common Pleas
from a judgment against defendant
which had been sued for the loss on
a car load of lumber in that at the
trial it was plaintiff's burden to
prove that the luinber complied
with the specifications and further
the testimony as to sale of the
Jumber after its rejection and de-
fendant's liability for the difference
was for the jury

200 If a claim against the Commonwealth

under the provisions of the Act of
March 30, 1811, is disallowed, an
appeal lies to the Court of Common
Pleas of Dauphin County where
the case

is then triable as other
cases of like character ..

218 A defense not raised in the affidavit

of defense or at the trial will not
be considered on appeal

296 An appeal in a Workmen's Compensa

tion case vas dismissed, where 05. jection was made as to the amount of the award based upon claimant's

..... 518

AMICABLE EJEC'TMENT.

See Ejectment, Landlord and Tenant.

ANIMALS.

See also Dogs, Trespass.
The act of tying a can to a dog's

tail will subject the tyer to impu-
tation of cruelty to animals, with
impending punishment under the
statute. But to insure such punish-
ment, the tying should be shown
to have been accompanied by signs
of terror and flight of the animal
thus obsessed. Where no such sign
is apparent the case falls.......... 649

a

Subject.
Page. Subject.

Page. wages, but the .ecord] showed ther? APPEARANCE. was evidence to sustain !ne tinding

See also Pleading and Practice. of the referee

373 In trespass, where a general appearAn appeal from the County to

the

ance was entered but no affidavit Common Pleas Court was allowed

of defence was filed, the averments where the defense set up in

the

in the statement of claim, althous County Court was, that the plaintiff

undenied, and under the Practice was carrying on business under

Act of 1915, “shall be tiken to be an assumed and fictitous name and

admitted," do not become evidence had not registered as required by

at the trial until offered

792 the Act of June 26, 1917. This was a good defense

387 APPRAISEMENT. I'niler

the
Juvenile Court Act

of

In an action for lamages against a Pennsylvania, a party who feels ag

landlord for the sale of goods on a grieved by the judgment of the

landlord's warrant, plaintiff is en('ourt may have an appeal to the

titled to pro,.! the imaliet va'ue of Superior Court of Pennsylvania.

the goals soiu, anl win by reason Under the liberal procedure in

of the goods being in possession of habeas corpus, a person in custody

defendant, they cannot be

apto pursuant the judgment of the

praised, their value

be riay

ESState Court, may have judicial

tablished by one experienced in the inquiry in the Federal Courts into

sale and purchase of furniture. the very truth and substance of the

was for the jury under all the testicauses of his detention, and if neces

mony to fix the value..

623 sary, to look beyond the record sufficiently to test the jurisdiction

ARCHITECTS. of the Court under whose order he

See also Assumpsit. is restrained. In other words, the

If an applicant for in architect's correcord can be attacked if in any

tificate under the rict of July : 2, way it fails to set forth the truth. 414

1919, P. L. 933, who has been "en

gaged in the practice o: arcutecOn a writ of mandamus relator's pray

ture under the title of 'Arenitcet er to be restored to membership in a beneficial society was refused and

for at least one year prior to the

date of the approval of the Act," judgment entered for defendant

does not satisfy the State Board of where relator had not taken an ap

Examiners that he is a "proppeal to the society as provided by

erly qualified person," or does not its by-laws after his expulsion in

submit proof that is satisfactory to that he could not seek redress in

the Board
of Examiners of

his the civil courts until after he had

"competency and complied with the laws of the so

qualification and

evidence as to character," the ciety

557

board may refuse to grant such An appeal from an award of viewers

an applicant certificate or co for land taken in widening a road

register him

187 or street is a matter of right and

Under the provisions of the Act of not of grace, and the right of a

July 12, 1919, P. L. 933, relating t) property owner need not necessarily

the lcensing of architects, the regisbe defeated simply because the affi

tration fee should not be returneul davit to his petition stated that the

when the applicant is fou:d unlil to facts were "true and correct' in

receive a certificate from the State stead of following the provisions of

Board of Examiners

384 the Act of 1874 and subsequent acts. Motion to strike off the appeal re ARMY AND NAVY. fused

See also Affdavit; Divorce; JudgThe fact that fifty-four days inter

ments. vened after the filing of the divorce

Where in a divorce case the libellant, decree before the next return tay of

immediately before entering the the Appellate Court and that the

army, signed an application for all appeal was not taken within that

divorce from his wife on the ground time, but afterwards, but within

of impotency, which was file'l liy lus the time allowed by law for the

counsel the day after his departure, taking of such appeals. will not

which action was pending until warrant the Court in holding that

after the return of the libellant, the appeal was not taken in good

who then discontinued that action faith but was for the purpose of

and instituted a proceeding on the delay in order to ohtain additional

ground of desertion, the period of alimony, when an affidavit was

the pendency of the first suit is filed by the appellant that the ap

not to be deducted in determining peal was not intended for delay but

the two-year period for desertion because the appellant believed in

under the statute

211 justice had been done

1760 An appeal to the Common Pleas Court

ASSAULT AND BATTERY. was quashed where the Workmen's

See Criminal Law; Malicious ProseCompensation Board dismissed a pe

cution, tition for an amplification of award in at under the Workmen's Com

ASSIGNMENT. pensation Act 1915 the only

The failure to have two subscribing means claimant could come into

witnesses present at the execution court is on an appeal from an

of an assignment, as required by award or disallowance of claim.

the
Act of

May 28, 1715, 1 Sm. The board had no authority to pass

Laws, 90, does not invalidate the ason such a petition

804

signment, but only prevents the There is no provision of the Work

assignee from proceeding on it in men's Compensation Act of June 2,

his own name and requires him to 1915, P. L. 736, giving authority to

use the name of the assignor...... 152 a referee, or to the Compensation While the rights of an assignee rise no Board, or to the Court, to require

higher than those of the assignor, an employer to give work to an in

still the assignee has *he right ani jured employe, and no 0 der or

power to prosecute an action for judgment based upon such a re

the recovery of the legal title to quirement can be sustained.......

853

real estate against one who ex

022

of

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