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INDEX OF CASES.

377

A

Chilcoat's Appeal.........

419

Christian et al.'s Appeal

435

Abernethy v. Commonwealth..

167

City of Allegheny v. Gilliam.

461

Adams v. Mortland.

118

City of Erie v. Magill....

396

Ake v. Mason

139

Clark v. McClimmons..

43

Allegheny National Bank of Pittsburgh v. Hays...... 19

Clauer's Appeal

36

Allegheny Base Ball Club v. Bennett......

152

Cochran v. Creighton.....

26

Allen v. Long

269

Collins, for use, v. Nevin..

238

All Courts Shall be Open

362

Collom's Appeal...

Alexander v. Harris..

358

Columbia National Bank v. Bletz.....

489

Artz v. City of Allegheny....

204

Commonwealth v. Moore

57

Appeal of Samuel A. Frankenfield.

3 Commonwealth of Pennsylvania, for use of Weaver

Barger, Hirst et al

309 et al., v. Steacy et al...

107

David Gregg

59

Commonwealth of Pennsylvania, for use of McClure,

George S. Bryan

199

v. Gedikoh.

203

Huckenstein & Co....

176

Commonwealth v. Grover et al....

231

Joanna Powell, James R. Wilson et al.

11 Commonwealth of Pennsylvania ex rel. Pierce et

John Jones..

375 al. v. Henderson et al........

286

Joseph Grier...

224

Commonwealth ex rel. v. Nulton.

296

Peter Haberman..

263 Commonwealth of Pennsylvania v. The Standard

P. R. Bohlen....

60

Oil Co, of Cleveland, Ohio

339

Rhoads et al...

185

Conrow's Appeal..........

485

Rt. Rev. John Tuigg....

161

Cooper v. The Oriental Savings & Loan Association, 349

The First National Bank of Northumberland, 34

Corr v. Sellers & Co..........

492

The New York & ('leveland Gas Coal Co.......... 243 County of Lancaster v. Mishler

361

Cowperthwaite et al. v. First National Bank of Car-

B

bondale.......

482

Baltimore & Ohio Railroad Co. v. Schwindling......... 155

Cox v. Highley.....

399

Baltimore & Ohio Railroad Company v. Sulphur

Coyle v. Commonwealth.

102

Spring School District.........

:187 Crawford v. Davis.

453

Barton v. Hunter, Administratrix, et al.

257

D

Bell et al. v. Kennedy.

148

Benjamin v. Zell..

267 Death of Charles W. Collier

127

Benwood Iron Works y. Hutchinson & Bro..

189
Ex-Chief Justice George Sharewood.

411

Biddle's Appeal......

302

George P. Hamilton

135

Bolster v.

City of Allegheny...

204

G. L. B. Fetterman

411

Born v. Allegheny and Perrysville Plank Road Co... 161

John A. Fox.......

271

Borough of Beltzhoorer v. Gollings......

212

Kenneth McIntosh.

395

Borough of Elizabeth v. The Steam-boat"Geneva".. 459

Robert M. Gibson..

135

Borough of Mauch Chunk v. Kline....

25

Theodore H. Carnahan...

233

Bovard v. Kettering.

172

Thomas MacConnell

180, 218

Bowersox's Appeal...

490
William H. Coldren....

233

Bradish v. McClellan......

355

Darrah et al. v. Baird...

215

Branthoover, Executor of John Alcorn's Estate, v.

Demster V. Adams..........

423

Cook.....

230

Devlin v. The Commonwealth of Pennsylvania....... 143

Bright's Appeal.

425

Doris v. Erwin and Wife....

363

Bright's Appeal.....

146

Du Bree v. Albert et al.

354

Brobst v. Ruff.

67

Duff, Assignee of Carrier & Baum, v. Bindley ............ 408

Brown v. Gallagher.

305

Dunbam & Shortt v. Kirkpatrick......

465

Bruck v. Maulsbury

365

Dunkle v. Harrington.......

418

Bryar et ux. v. Beckett et al

12

Budd v. Budd.......

128

E

Buehler's Appeal......

391

Eberly v. Lehman et al..

273

С

Ehrenfeldt's Appeal......

109

Elizabeth Borough v. The Steam-boat “Geneva".... 459

Carlin & Co. v. Chappel...

190

Erwin et ux. v. Doris...

8

Cato v. The Allegheny Valley Railroad Co...

18

Ewing's Appeal......

245

Charles' Appeal.....

101

Chincleclamouche Lumber and Boom Co. v. The Estate of John Shipton, Deceased.

20

Commonwealth ex rel. Henry W. Palmer, Attor-

Alexander Carnahan, Deceased.

31

ney-General........

265

Anton Schmidt, Deceased..

126

JUL 18 1930

Estate of Catharine Hutman, Deceased...

385

1
Charles W. Rado, Deceased..

410
David Richey, Deceased...

374 In re Application of the New Brighton & Vew Castle
Hannah Fenton, Deceased..

97 Railroad (o. for Approval of Bond to Right Rev.
Henry W. Sackett, Deceased.

372
John Tuigg........

22
Jane Wadsworth, Deceased.

307

In re Application of John White to be Discharged
John Diamond, Deceased.

284

from the Allegheny County Work: House..... 248, 251
John McFarland, Deceased.
430 In re Application of M. K. Moorhead..

130
John Schuck, Deceased...

131
In re (arothers, Bankrupt........

28
John Wilkinson, Deceased..

401
In re Charles B. and James ('. McVay, Bankrupts,

53
Jonathan Hulton, Deceased..

141

In re Incorporation of Osborne Borough ......... 183, 185
Mary A. Garber, Deceased..

46, 48 In re Inquest on the Body of Reitlinger, Deceased, 39
Margaret Giffin, Deceased.
60

100
In re Henry Trumbore
Michael Lang, Deceased..

97
In re M. T. Warne, Bankrupt.

37
394
N. B. Ward, Deceased

376
Isett v. ('aldwell.......
Rachel Hall, a Minor..

450

J
Robert A. Oliver, Deceased

385
Thomas Morrow, Deceased.
294 Jaffray & Co.'s Appeal.....

351
William McKee, Deceased

285
Jeffreys et al. v. City of Pittsburgh et al......

21
William Mckee, Deceased.
392, 393 | Jenny et al. v. Zehender et al.....

157
John's Appeal..........

484
F
Jones v. Commonwealth..

423
Farmers' Mutual Fire Insurance Co. v. Ensminger...

68
Jordan v. Elliott....

86
Feig et al. v. Meyers...

481

K
Fetterman v. Robbins.

421
Fields v. Stokley .......

33 Kaine et al. v, Commonwealth ex rel. Manaway... 382
Finn v, The Providence Gas and Water Co..

329 Kelly v. City of Pittsburgh..
Fink's Appeal......
196 Kelso's Appeal..........

369
Flogging as a Punishment...
126 Kenegaw et ux. v. Darlington et al.

281
Foster and Wife v. Holmes...

38 Kepler v. Erie Dime Savings & Loan ('O........ 472
Frankenfield's Appeal....
3 Kindt's Appeal.........

499
Frauenthal's Appeal....
163 Kitchen & Dick v. Smith & Snooks....

364
Frederick et al. v. Corcoran et al.
72 Kittanning Insurance ('0. v. Scott et al.

452
Frick's Appeal....
368 Knoll's Appeal.....

53
Fritchman's Appeal.....

455 Koontz's Administrator v. Howsnare and Wife..... 352
Fuchs v. City of Allegheny.
204 Kreiter v. Bigler.......

343
Furney's Appeal...
93 Kroeger v. Pitcairn..

181
G

L
Galbraith v. Zimmerman..
83 Lacy's Appeal

275
Gibbs and Sterrett Manufacturing Co.'s Appeal... 336 Latshaw v. Hiltebeitel.

264
Gibson v. Lenhart........

357 Lehigh Coal and Navigation Co. v. Brown et al...... 331
Gillespie et al. v. McGowan...
50 Lehigh Iron Co. v. Rupp........

41
Girard Life and Trust Co.'s Appeal-Barton's Estate, 344 Leidy's Appeal.........

320
Gracey v. Lockhart et al.....
306 Lindsey et al. v. Reid..

378
Gray v. The Commonwealth..
185 Lininger's Appeal....

274
Grier's Appeal....
224 Linton et ux. v. Mosgrove et al.

198
Grubb v. Grubb
112 Loss of Goods by Carriers..

1
Gunson et al. v. Healy.
342 Ludwig's Appeal......

447
Lukens v. City of Philadelphia, to use

454
H
Lupton et al. v. Moore and Riley..

227
Haberman's Appeal...

263
Luse's Appeal......

429
Hacke & Hugus v. Lauer & Bro....
174 Lyon v. Kurtz.........

478
Haines et al. v. The Commonwealth.

120

M
Harmony Building Association v. Berger...

17
Harmony Building Association v. Goldbeck et al., 467 Maguire's Appeal....

370
Hartman v. Keown......
225 Meek's Appeal......

27
Hemphill's Appeal....
13 Menge v. Wiley Brothers..

122
Hemphill v. The Commonwealth ex rel.....
13 Metropolitan Life Insurance Co. v. Drach.

162
Hestonville and Mantua Passenger Railroad Co. v. Miller's Appeal.........

319
Kelley...
494 Misrepresentations Leading to Contracts.

49
Hildebrand v. Bowman..
111 Morgan v. Commonwealth.

14
Hiller y. Pollock et al.
9 Morgan et ux. v. Yard.........

178
Hoff's Appeal....

440 Mosgrove and Pollock, Administrators, v. Golden, 473
Hollis v. Burns...

304
Murtland v. Taylor.....

118
Holtzman's Appeal..
53 Musselman's Appeal....

271
Huckenstein & Co. v. Jolly.
176 Myers v. Brice.........

149
Hunt's Appeal.....
Horton v. The Chevington and Bunn ('oal Co..

Mc

299
Houseman et al. v. The Commonwealth.
205 McAnlis v. Patterson.

308
Houston v. Youghiogheny Coal Hollow Coal (0.... 155 McConkey v. Commonwealth.

223
Howe Machine Co. v. Hixenbaugh et al...

469
McElroy v. County of York .........

55
McElvaine et al. v. Lantz et al.
104 Shaw v. Chalfant et al.

317
McMillen v. Hawthorn...
278 Sheaffer v. Clendenin.....

427
McMurray's Appeal...

441 Sleeper v. The Pennsylvania Railroad Co...... 147
McNaughton's Appeal.....
366 Slocuim's Appeals...

96
McQuillen and Wife v. The Singer (0............

58 Slutter et al. v. Kirkendall, to use of Browns........ 259
Smith v. Pringle............

100
N
Smith v. The Commonwealth.

114
National Mutual Aid Association v. Lupold.......

Smiths y, McGinty..
330

203
New York & Cleveland Gas Coal Co.'s Appeal....

243 Spangler v. The Pennsylvania Mutual Aid Society, 480
Nichols v. McDonald...

412

Speidel v. Henrici and Lenz, Trustees of the Har-
Nixon v. McCrory...........
202

291
mony Society..

193
Northern Central Railway Co, v. Husson et al...... 123

Spencer v. Clinefelter, to use, etc.....

Standard Oil Company of Cleveland, Ohio, v. The
O
Commonwealth of Pennsylvania..

339

•105
Oliver v. Commonwealth,

165
Steinman & Co. v. Miller et al....

209
Oliver's Appeal...

170
Stewart and Wife v. Allegheny National Bank.

60
Olmsted & Bailey v. Gere...

Stockdale, Trustee, v. Hill...
348

451
Ormerod v. Dearman..

Sunbury Insurance Co. v. Humble.

464
Owens v. Evans & Bro..

Supreme Court Judgments...... 63, 76, 88, 98, 108, 134

280
Oyster v. Oyster........

346

Supplement to the Order of the Supreme Court, etc., 422
Sutton V. Anderson......

438
Р
Sweetser v. Atterbury...

312
Pardee's Appeal........

347

T
Patterson's Appeal......

140
Taggart's Appeal......

315
Patterson v, Shrader.

305
Thackara v. Mintzer...

353
Pearce v. Langfitt.....

255
The D, S. Newcomb.

7
Pearson et al. v. Hartman..

187

The Iron City National Bank of Pittsburgh v. The
Peebles and Wife v. The City of Pittsburgh.. 128

Siemens-Anderson Steel Co.....

87
Pentz v. Clark...

334

The Second National Bank of Titusville, Pennsyl.
Peoples Insurance Company of Pittsburgh v. Smith

vania, v. Caldwell et al........

74
and Allewelt..

333
Thompson v, Noble and Delamater....

246
Philadelphia and Gray's Ferry Passenger Railway

Thompson v. Ward .........

491
Co.'s Appeal..

371

Township of Rush v. County of Schuylkill.... 414
Phillips v. Hull......

448

Township of Aston v. McClure-Same v. Quigley... 491
Pittsburgh, Virginia & Charleston Railway Co. v.

Tuigg v, Sheehan....

158
The Commonwealth....

136
Pittsburgh Coal Railroad Co. v. Pittsburgh South-

U
ern Railroad Co...

216

Union Insurance Co, v. The City of Allegheny..
Pittsburgh & Lake Erie Railroad Co. v. Bruce....... 387

Union Savings Bank v. Fife..

180
Plunkett v. Sauer.....

200

United Brethren Mutual Aid Society of Pennsyl-
Porter v. Zeitinger & Zoppi...........

4
vania v. McDermond...

89
Pottsville Mutual Fire Insurance Co. v. Fromm.... 78

United States v. Taylor......

28
Powell's Appeal..

11
Umbenhower v. Miller.......

356
Pyle's Appeal....

V
Q

Vanderslice, Assignee, for use, v. The City of Phila-
Quinn v. The Fidelity Beneficial Society....

315
delphia......

433
R

W
Reber, Assignee of Penny, v. Gundy.

43
Wagner's Appeal.....

471
Reeser's Appeal......
313 Walstrom et al. v. Hopkins..

391
Reid v. Wood..
436 Ward's Appeal........

59
Reimer's Appeal........

327
Ward v. Orr........

416
Rice v. The Commonwealth.

5 Watson Malone & Son v. The City of Philadelphia, 360
Richards et al. v. McGrath..
321, 326 Weast v. Derrick.....

290
Richardson v. Glockner..
404 Weed and Hoffman v. Hall..

381
Richmond Building Ass'n, Garnishee, etc., v. Rich- Western Pennsylvania Railroad Co. v. The Ever-
mond Building Ass'n, to use of McCaffrey.. 286 green Railroad Co.....

261
Roland v. Miller et al..
95 White v. The Borough of McKeesport...

233
Roth v. Barner.
445 Wiggins' Appeal......

92
Rupp's Appeal....
82 Wilder v. Kent et al...

327
S
Willard v. Davis.....

403
Wilson & Sons v. Waugh, Jack & Co.........

176
Saylor v. Bushong....
105 Wilson et al. v. Mitchell et al.....

405
Schwartz v. Kyner....
495 Woodland Oil Co. v. Lawrence...

17
Schwelke's Appeal....

384

Wright and Kemble v. The Antwerp Pipe Co. and
Seifried v. Commonwealth,
119 the Oil City Pipe Co........

235
Seitzinger v. Marsden et al..
279 Wyoming National Bank's Appeal.......

52
Sharswood, LL. D., Hon. George-Action of the Al-
legheny County Bar....

Y

99
Sharswood, Chief Justice-Tribute of the Philadel Yeatman's Appeal...

477
phia Bar.

179
Yerkes' Appeal..........

276

...... 213

497

INDEX OF SUBJECTS.

74, 342

ACT OF GOD. Instruction to jury on..

433 ACTS OF ASSEMBLY-Continued.
ACTION. On the case for conspiracy to falsely in-

1871, June, 2..

Boroughs

183
dict is substantially an, for malicious prosecution, 1871, June, 19....

Corporations......

261
and is governed by same rules.......

308 1872, February, 29.

Married Women....... 58, 469
In, for malicious prosecution where test of plaintiff 1872, March, 14..

Amendment..

475
discloses probable cause for his arrest, court 1872, March, 16..

Allegheny County 203
should direct verdict for defendant...

438 1872, April, 3.

Allegheny County. 203
Burden of proving want of probable cause on 1872, April, 3..

Evidence.

5
plaintiff ..

Ib
1872, April, 3..

Married Women. 172
ACTS OF ASSEMBLY.

1872, April, 9..

Wages......... 336, 347, 375, 471
1873, March, 14..

Insurance..

331
1705..

Mortgages........

242
1874, April, 22..

Practice.
1715, May, 28.

161, 180, 193
Deeds.

139
1874, May, 14...

Practice..

478
1718, February,

22
Feme Sole Trader.. 172

1874, May, 15...

Offices...

208
1770, February, 24.

Deeds....

11, 364
1874, May, 19..

Orphans' Court..

384
1772, March, 21.6
Landlord and Tenant.... 321

1875, April, 12..
1804, March, 19...

Liquors...

119
Susquehanna, etc., Co... 421 1876, March, 14.

Judgment.....

118
1806, March, 17.
Mechanics' Liens.. 105

1876, April, 20.

Wages....
1806, March, 21..
Acts of Assembly.... 213, 233

352, 376
1876, May, 8...

Inns and Taverns. 203
1808, March, 28.
Mechanics' Liens.. 105

1878, May, 24..

Boroughs.....
1809,
Delaware River....

212, 233
313
1878, June, 12.

Wages....

376
1824, March, 29.

Unseated Lands..

414
1879, April, 11.

Orphans' Court............. 144
1827, March, 29.
Judgment Docket... 35

1879, May, 19..

Attorney at Law.

100
1828, April, 15..

Deeds...

11
1879, June, 7....

Taxation..........
1832, March, 15..
Registers...... 143, 384, 394

1881, June, 8....

Schools...

382
1832, March, 29.
Orphans' Court ... 61, 97, 130

1881, June, 10..

Taxation.

74
1834, February, 24.

Decedents.....

170
1834, April, 1.....

Boroughs....

184, 296

ACTS OF CONGRESS.
1834, April, 14..

Attorney at Law.
100 1793, March, 2...

Injunction.......

198
1834, April, 14.

Juries
329 1864, June, 30...

National Banks............ 489
1834, April, 15..

Taxes...

365

ACTS OF PARLIAMENT.
1836, June, 12.
Lunatics.

4
1836, June, 13..
Maritime Lien.
4, Edward III, Ch. 7......... Actions

88
1836, June, 14.

Bonds..

20
33, Edward I....

Jurors...

117, 121
1836, June, 14..

Quo Warranto.

232
22 and 23, Charles II, Ch.9. Costs...

26
1836, June, 16..

Arbitration...

34

ADMINISTRATION. Granting, of letters upon
1836, June, 16..

Execution....

87

estate of living person, though supposed to be
1840, April, 21..

Arbitration..

34 dead, is not only a voidable, but a void act....... 143
1841, May, 27.

Justices of the Peace. 39 Under Act of March 15, 1832, register has power to
1844, April, 30.

Corporations...

455 issue letters of administration on estates of dead
1845, March, 20..
Justices of the Peace..... 39

persons only, and not on estates of living.......... Ib
1846, April, 20...

Execution.....

60
1847, March, 13...

Partition.

209

ADVANCEMENT. See Decedents' Estates.
1848, April, 11..

Married Women.

11 Decedent was surety on note for husband of her
1849, February, 19.
Railroads....

daughter; she paid it, and subsequently stated
1849, March, 21....

Corporations

189 that she intended amount paid should be de-
1849, April, 9..

Exemption...........

203, 377 ducted from her share in her estate. Held, that it
1850, April, 26.

Deeds

11 could not be held against her as an advancement, 385
1850, May, 3.

District Attorneys... 55 That which was originally intended as a gift can-
1851, April, 8..

Boroughs

296 not be changed into an advancement by the ex
1853, April, 18

Real Estate
489 parte declarations of the donor...,

Ib
1854, May, 8..

Schools..

383
1855, February, 20.

AGENT. See Principal and
Liquors

203
1855, April, 26..

Negligence..

41

When powers of local insurance agent immaterial, 451
1855, May, 4..

Decedents' Estates.. 133 AMENDMENTS. Our statute of amendments
1855, May, 4...

Feme Sole Trader... 172, 246 have been liberally construed, and parties may
1856, April, 11.

Married Women..

11 be stricken out or added when by so doing the
1856, April, 19.

Allegheny County, 39 cause can be tried on its merits, and such right
1856, April, 22.

Judgment............. 28, 36, 317 is not confined to mere mistake of fact in name
1857, April, 24..

Insurance..................

315, 480
of party..

9
1857, May, 14...

Marriage..

36 Right to amend declaration is neither waived nor
1857, May, 16...

City of Pittsburgh..... 47, 199 abridged by agreement to dispense with trial by
1859, March, 31..

Philadelphia, etc., Co..... 371 jury and submit a case to court under the Act 22d
1859, April, 13...

Partition..

211
April, 1874......

193
1860, March, 31.....

Crimes.. 5, 14, 15, 57, 166, 231 The record of summary conviction before chief bur-
1861, May, 1..

Mechanics' Liens... 440 gess of borough, instituted in name of Common-
1863, May, 6...
Common Carriers..... 147

wealth, was returned on certiorari issued in name
1864, January, 6..

City of Pittsburgh..... 46, 199 of defendants against chief and assistant bur-
1864, April, 27..

Decedents' Estates...... 450 gesses. Held, that writ could be amended so as
1865, March, 27.

Evidence.

230 to make it conform to record of burgess..... 436
1867, March, 27..

Liquors

119
1867, April, 6....

APPROPRIATION OF PAYMENTS.
City of Pittsburgh, 15
1868, April, 1...

City of Pittsburgh. 15 As to payments on account general rule is that law
1868, April, 8.....

Insurance.

315, 480 will appropriate in manner most beneficial to the
1868, May, 1.

Corporations..

341 creditor, to an unsecured or partially secured ac-
1869, February, 18...

Building Associations... 349 count rather than to one fully secured, and if
1869, March, 17...

Fraudulent Debtors. 200 there be no such difference, then to earliest open
1869, April, 15.
Evidence, 77, 84, 230, 306, 444
items of account.....

478
1869, May, 4....

Waste..

408 ARBITRATION. Lien of judgment when entered
1870, April, 7..
Corporations... 87, 455 within five years after award..

34
1871, May, 8...

Allegheny County Work Court has no power to set aside award of arbitrators
House..

249, 251

selected under compulsory arbitration act, or

23, 136

ARBITRATION.-Continued.

strike it off so far as it determines payment of
cost, although arbitrators made mistake...

305
ASSIGNEE For benefit of creditors is charged
prima facie with amount of inventory.....

429
ASSUMPSIT. When action will not lie by Catho-
lic priest to recover salary from bishop.......

158
ATTACHMENT. Interest of fund held by execu-

tors cannot be attached in suit against legatee
where will provides it or principal fund shall not
be liable to....

294
Income of the State in hands of testamentary trus-

tree, not to be liable in any way or manner for
son's debts, cannot be attached for allimony due
son's wife.

353
Lien of execution does not case with lien of judg-

ment on which it is based at end of five years. 401
Intention to abandon first attachment may be pre-
sumed from act of plaintiff...

Ib
Money in hands of county commissioners cannot
be attached....

495
ATTORNEY AT LAW. When he cannot be dis-
barred...

100
Right of, and others to enter court...

362
ATTORNEY AND CLIENT. Plaintiff was as-

signed by court, upon motion of district attorney,
as special counsel to assist Commonwealth in
prosecution of capital offense. Held, county not
liable to pay him for services rendered in such
capacity......

55
Such services must continue to rest, as heretofore,

upon that foundation of obligation and duty
which attach as certainly to the oflice of an at-
torney as do its rights and privileges....

Ib
Statute of limitations bars claim of attorney as it

does claims of other persons when services may
be measured in similar way as services of others.
It does not begin to run against claim for con-
ducting suit until end of his services in that case,
nor would it against his claim for other special
services until it was finished......

473
BANK DEPOSIT. Earmarked "Agt”

410
BANKS AND BANKING. See Checks-Interest.
Real estate of a national bank subject to taxation
distinct from other capital....

74
When imposed by city ordinance unconstitutional;

but, not being made a lien, the bank is not enti-
tled to equitable relief......

Ib
When depositor settles account with bank, and

leaves exact amount of an outstanding check
expressly for its payment, and tacitly retains
money and settles on that basis, it is liable to

holder of the check on implied acceptance... 105
When liabel on certificate of deposit..........

357
BANKRUPTCY. The fraud contemplated by stat-

ute as bar to bankrupt's discharge is fraud in fact,

involving moral turpitude and intentional wrong, 37
Right of surety of bankrupt, as against assignee, to

appropriate collaterals and proper method for
assignee to contest the same...

53
Where bankrupt's judgment note is discharged by

his certificate, and same is subsequently entered
against him, he must, to avail himself of his dis-
charge, obtain rule to open.........

118
BEQUEST. See Will.
When a, of personalty is made to testator's widow,

upon condition that she shall not remarry, and
there is bequest over in case condition is broken,
it shows that condition was not intended as a
menace, but as basis of distinct gift, and it is
good, although bequest over be to persons who
would take under intestate laws....

431
BILLS AND NOTES. See Collaterals-See Checks.
BONDS. See Orphans' Court-Justices of the Peace.
Approval of railroad company's bond for compen-

sation for right of way when equity proceedings
are pending...

22
Of voluntary assignee. After the absolute confir-

mation of an auditor's report distributing money
in his hands, the sureties on his bond (he having
become insolvent) are liable to the distributees... 107
Condition to deliver to sheriff "on demand” goods

levied on by him is not fulfilled by compulsory
delivery to him in execution of another writ on
another judgment....

259
Although alternative condition of bond to pay
amount of judgment and costs was greater than
sheriff had right to require, obligors having vol-

untarily assumed obligation were bound by........ Ib
BOOK NOTICES. The American Decisions, Vol-

umes XXXIV, XXXV, XXXVI and XXXVII...... 56
Volume XL.......

242

BOOK NOTICES.--Continued.
Equity Jurisprudence, Pomeroy on..

56
Conveyancing, Martindale on the Law of...

57
Treatise on the Law of Landlord and Tenant in
Pennsylvania.......

98
Blackstone's Commentaries.

98
Treatise on Proceedings in Rem..

108
Short Catalogue of Law Reports and Text-Books..... 108
The American Decisions, Volumes XXXVIII and
XXXIX.

188
The Federal Reporter.

188
Law and Lawyers in Literature.

254
Treatise on the Law of Damages.

262
Treatise on the Limitation of Actions at Law and
in Equity .....

262
Supreme Court Reporter..

262
Principles of the Law of Insurance.

270
The Federal Reporter, Volume XIII.

270
The American Decisions, Volume XLII.

386
An Introduction to Municipal Law

391
The Mining Reports....

394
Lawyers' Reference Manuel of Law Books and Cita-
tions......

132
American Decisions, Volumes XLIII, XLIV, XLV, 500
The Federal Reporter, Volumes XIV, XV

500
Essentials of the Law, Volume II...

500
BOROUGHS. See Summary Conviction.
To incorporate under the Act of 2d June, 1871, P. L.,

283, there must be strict compliance with terms of
act. Grand jury must make full investigation,
not only to ascertain if conditions of statute have
been complied with, but to determine whether it
is expedient to incorporate village described in
petition....

183
As to remedy against, for damages resulting from
street improvements...

212
Remedy of land owner in any borough, who claims

to be injured by laying out, widening or grading
of streets, etc., is to apply to Court of Common
Pleas for appointment of viewers under Act 24th
May, 1878; this being the method established by
law, must be strictly pursued in accordance with

provisions of Act of 21st March, 1806, Sec. 13.......... 233
Term corporate officers," in Act of 1851, "regulating
boroughs," does not mean officers of corporation,
but refers only to those made a body politic and
corporate in the charters of boroughs incorpo-
rated by Acts of Assembly, and to those in whom
powers of corporation, as such, were vested in
boroughs incorporated by the courts under Act of
1831....

296
Where, in charter of borongh incorporated by Act

of Assembly, “the burgess and town council"
were made a body politic and corporate in law,
and such borough afterwards became subject to
the restrictions of the Act of 1851, is entitled to
meet with other corporate officers, and as chief
officer of corporation, by whom by-laws, etc., are
to be signed, and oath administered to other

corporate officers, to preside at such meeting ......... Ib
BUILDING AND LOAN ASSOCIATIONS. See

Distribution.
Liability of husband who executes bond accompa-
nying wife's mortgage to.....

92
In Philadelphia, may maintain action to recover
mortgages and other debts in any part of Com-

monwealth after expiration of charter............ 319
BURIAL GROUNDS. See Equity.
Authority to compel removal of dead, if properly
exercised, gave no right to use burial ground for
school purposes....

21
An attempt to remove dead from land dedicated,

and its occupancy for school purposes and erection
of new buildings, restrained by injunction, at in.
stance of licensees of burial right therein and
next of kin..

Ib
Where there is no other suitable and practicable
route for the construction of a railroad, and the
land sought to be taken is embraced within a
ceinetery tract, but from its situation and charac-
ter is practically untit as a place for the burial of
the dead, or for the purposes of improvement, and
proposed route would not disturb or interfere
with the use of that portion of the cemetery valu-
able for burial purposes, it is not such land as is
within the meaning and intent of the prohibi-
tion of the general railway law against "passing
through burying ground :") Act of February 19,

1819, Sec. 10, P. L., 83, Purd. Dig., 1218.....
An assignee of burial grounds (which had been con-

veyed to assignor with the reservation that he
and his family and their offspring should forever,
for their own and separate use, have the right and
privilege of marking off certain portions thereof)
had no legal right to mark the same by a fence..... 187

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