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 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 A defendant cannot question the sufficiency of the plaintiff's statement by raising a 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 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 appear of record, and not those alleged in the affidavit of defense, itself 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 conclusively established before a decree will be made. If the distributees 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 consular agencies or otherwise... In the incorporation of a social society the court will require that all officers and directors of the corporation shall be American citizens, and that one of the conditions 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 so.... An unnaturalized foreigner did not violate the Act of June 1, 1915, P. L. 644, and on appeal from a summary 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 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 742 746 816 828 76 177 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 unnaturalized foreigner, residing in this Commonwealth, each of whom were licensed to hunt game.... Alienage of a juror, though not discovered until after the verdict has been received, recorded and the jury discharged, is not, per se, ground for a new trial where defendant has been convicted of murder of the first degree.. During a state of war an alien enemy is not deprived of the right to enter an action in court. Defendant's demurrer overruled .... An indictment under the Act of May 8, 1909, P. L. 466, of an unnaturalized foreign-born resident of the Commonwealth for owning a shotgun or rifle, which does not contain an averment that the defendant has been a resident of the Commonwealth 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 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 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 the juror was called and sworn on his voir dire.... ALIMONY. See also Divorce. 178 231 397 520 .. 848 In a petition for alimony and counsel fees in a divorce application upon the ground of desertion, the averments of the answer to the petition 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 husband 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 continue until the case has been determined finally on the appeal..... 760 change the form of action and was not barred by the statute of limitations 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 changing 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 amendment 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 statement was fatally defective and rule to quash writ of attachment absolute An amendment to a statement of claim in trespass to recover damages for personal injuries was allowed more than two years after filing the claim because the amendment did not change the cause of action and would not harm the defendant in any way....... A motion for an amendment to the official report of a court stenographer 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 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 committed where the amendment was changing allowed, the name of plaintiff corporation as well as the name of the State in which is was chartered Plaintiff, after he had closed his case and after a motion for a nonsuit 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 267 316 348 380 491 513 518 APARTMENT. See Building Restrictions. APPEALS. Page. The Act of June 15, 1915, P. L. 976, relating to water rates in municipalities give the courts jurisdiction on appeal to make "such order and decree touching the matter complained of as may seem just and equitable." This warrant of authority 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 reduction or otherwise, and plaintiff 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 a court of equity. To 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, on motion the writ of certiorari will be quashed. Defendant is not entitled to both an appeal and a certiorari An unnaturalized foreigner did not violate the Act of June 1, 1915, P. L. 644, and on appeal from a summary conviction before a magistrate was discharged where two dog's 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.. 138 177 In assumpsit over the sales of an automobile, evidence which explained but did not vary or contradict the terms of the written agreement was competent and appeal by defendant from County to Common Pleas refused. It was also competent to explain the meaning of an abbreviation 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 lumber complied with the specifications and further the testimony as to sale of the lumber after its rejection and defendant's liability for the difference was for the jury If a claim against the Commonwealth A defense not raised in the affidavit 200 218 296 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 be found 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 A defendant cannot question the sufficiency of the plaintiff's statement by raising a 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 An affidavit of defense "in lieu of a pear 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 conclusively established before a decree will be made. If the distributees 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 consular agencies or otherwise... In the incorporation of a social society the court will require that all officers and directors of the corporation shall be American citizens, and that one of the conditions 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 so.... An unnaturalized foreigner was did not violate the Act of June 1, 1915, P. L. 644, and on appeal from a summary conviction Lefore a magistrate 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 1 76 177 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 unnaturalized foreigner, residing in this Commonwealth, each of whom were licensed to hunt game. Alienage of a juror, though not discovered until after the verdict has been received, recorded and the jury discharged, is not, per se, ground for a new trial where defendant 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 court. Defendant's demurrer overruled An indictment under the Act of May 8, 1909, P. L. 466, of an unnaturalized foreign-born resident of the Commonwealth for owning a shotgun or rifle, which does not contain an averment that the defendant has been a resident of the Commonwealth 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 was nothing to show that defendant had been misled or deceived in accepting one not a citizen of the United States as a juro. This was proper information to be ascertained 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 the juror was called and sworn on his voir dire.. ALIMONY. See also Divorce. 178 397 520 ..... $48 change the form of action and was not barred by the statute of limitations 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 changing 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 amendment 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 statement was fatally defective and rule to quash writ of attachment absolute was An amendment to a statement of claim in trespass to recover damages injuries for personal allowed more than two years after filing the claim because the amendment did not change the cause of action and would not harm the defendant in any way... A motion for an amendment to the official report of a court stenographer 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 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 committed where the amendment was allowed, changing the name of plaintiff corporation as well as the name of the State in which is was chartered Plaintiff, after he had closed his case and after a motion for a nonsuit 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 divinculo matrimonii....... a 267 316 348 380 491 513 518 vorce 583 APARTMENT. See Building Restrictions. APPEALS. Page. The Act of June 15, 1915, P. L. 976, relating to water rates in municipalities give the courts jurisdiction on appeal to make "such order and decree touching the matter complained of as may seem just and equitable." This warrant of authority 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 reduction or otherwise, and plaintiff 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 a court of equity. To wait until the city filed a lien and then defending upon sci. fa. would be too late.... 113 appeal Where, pending an from a judgment of a Justice of the Peace, the defendant also sues out a writ of certiorari, on motion the writ of certiorari will be quashed. Defendant is not entitled to both an appeal and a certiorari An unnaturalized foreigner did not violate the Act of June 1, 1915, P. L. 644, and on appeal from a summary conviction before a magistrate was discharged where two dog's 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.. In assumpsit over the sales of an automobile, evidence which explained but did not vary or contradict the terms of the written agreement was competent and appeal by defendant from County to Common Pleas refused. It was also competent to explain the meaning of an abbreviation so as to identify the car...... 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 lumber complied with the specifications and further the testimony as to sale of the Jumber after its rejection and defendant's liability for the difference was for the jury If a claim against the Commonwealth A defense not raised in the affidavit 138 177 193 200 218 296 Under the Juvenile Court Act of Pennsylvania, a party who feels aggrieved by the the judgment of Court may have an appeal to the Superior Court of Pennsylvania. Under the liberal procedure in habeas corpus, a person in custody to the judgment of the pursuant State Court, may have judicial inquiry in the Federal Courts into the very truth and substance of the causes of his detention, and if necessary, to look beyond the record sufficiently to test the jurisdiction of the Court under whose order he is restrained. In other words, the record can be attacked if in any way it fails to set forth the truth. 414 On a writ of mandamus relator's pray er to be restored to membership in a beneficial society was refused and judgment entered for defendant where relator had not taken an appeal to the society as provided by its by-laws after his expulsion in that he could not seek redress in the civil courts until after he had complied with the laws of the society ...... 557 An appeal from an award of viewers for land taken in widening a road or street is a matter of right and not of grace, and the right of a property owner need not necessarily be defeated simply because the affidavit to his petition stated that the facts were "true and correct" instead of following the provisions of the Act of 1874 and subsequent acts. Motion to strike off the appeal refused The fact that fifty-four days inter- was only into C22 760 An appeal to the Common Pleas Court was quashed where the Workmen's Compensation Board dismissed a petition for an amplification of award in that under the Workmen's Compensation Act of 1915 the means claimant could come court is on an appeal from an award or disallowance of claim. The board had no authority to pass on such a petition There is no provision of the Workmen's Compensation Act of June 2, 1915, P. L. 736, giving authority to a referee, or to the Compensation Board, or to the Court, to require an employer to give work to an injured employe, and no Order judgment based upon such a requirement can be sustained..... 853 or 804 If an applicant for an architect's certificate under the Act of July 12, 1919. P. L. 933, who has been "engaged in the practice of architecture under the title of 'Arenitcet' for at least one year prior to the date of the approval of the Act," does not satisfy the State Board of Examiners that he is a "properly qualified person," or does not submit proof that is satisfactory to the Board of Examiners of his "competency and qualification and evidence as to character," the board may refuse to grant such an applicant a certificate or to register him Under the provisions of the Act of July 12, 1919, P. L. 933, relating to the lcensing of architects, the registration fee should not be returned when the applicant is found unût to receive a certificate from the State Board of Examiners ARMY AND NAVY. See also Affdavit; Divorce; Judgments. Where in a divorce case the libellant, immediately before entering the army, signed an application for a divorce from his wife on the ground of impotency, which was filed by his counsel the day after his departure, which action until was pending after the return of the libellant, who then discontinued that action and instituted a proceeding on the ground of desertion, the period of the pendency of the first suit is not to be deducted in determining the desertion two-year period for under the statute ASSAULT AND BATTERY. See Criminal Law; Malicious Prosecution. ASSIGNMENT. 792 623 187 384 211 The failure to have two subscribing witnesses present at the execution of an assignment, as required by the Act of May 28, 1715, 1 Sm. Laws, 90, does not invalidate the assignment, but only prevents the assignee from proceeding on it in his own name and requires him to use the name of the assignor...... 152 While the rights of an assignee rise no higher than those of the assignor, still the assignee has the right and power to prosecute an action for the recovery of the legal title to real estate against one who ex |