EXECUTORS AND ADMINISTRATORS - Con-
tinued.

Executors having rented real estate for three years,
under power and will, and then relinquished pos-
session under agreement of partition between
residuary beneficiaries, held liable to account for
rents due and uncollected on transfer of posses-
sion.....

Where they exercise ordinary prudence not liable
for loss resulting from non-payment of taxes
within specified time...

392

Ib

Will not be allowed credit for payment for legal
services made necessary by their negligence........ 431
FACTOR. See Principal and Agent.
FALSE PRETENSES. See Crimes.

FEME SOLE TRADER. See Husband and Wife.
A feme sole trader has power to bind herself by
agreement for the sale of her real estate, without
acknowledgment of said agreement or the join-
der of her husband therein, and although she was
living with her husband at the time of making
the agreement.......
FETTERMAN, G. L. B. Action of Allegheny
County Bar on death of...
:..... 411
FIXTURES. See Real Estate Landlord and
Tenant.

-

Fixtures are not goods and chattels for all pur-
poses. They are not unless made so by tenant's
severance, or for benefit of execution creditors.
While they remain attached they are part of free-
hold......

FOREIGN ATTACHMENT. Service of foreign
attachment by sheriff is good, where he states
that he went to store, and, in the presence of two
credible persons, declared that he attached stock
of goods in store, consisting of silks, etc., and
then and there made known the contents of said
writ to A. and B., who were found in possession
of said goods.....

FOREIGN CORPORATIONS. As to service of
summons on officer of, casually in this State-
see practice.....
Doing business within this State are liable under
existing laws to pay license tax for protection
afforded by State; but they cannot be taxed for
whole amount of their capital stock, unless they
make this State their domicile and situs of their
property........

Mere act of foreign corporation, sending its agents
to transact business within this Commonwealth,
does not render its entire capital stock liable to
taxation under existing laws....
State has no power to tax foreign corporations
for the mere holding of stock in corporations
or limited partnerships in this Commonwealth,
which have already paid the tax levied upon
them. Distinction, for the purposes of taxation,
between capital stock of corporation and certifi-
cates of stock held by its members...
Foreign corporation does not render itself liable to
taxation within this State by purchase of raw
material which is shipped to its place of domicile
for manufacture...

When an act giving to Commonwealth power of
collecting taxes, together with penalties for non-
payment, etc., is repealed, reserving to Common-
wealth right to collect all taxes accrued, penalties
cannot be recovered upon suits afterwards insti-
tuted to collect the taxes....

245

215

351

189

339

Ib

Ib

Ib

Ib

37

334

Construction of, to bar bankrupt's discharge.
The mere fact of an arrangement between the pur-
chaser and the defendant in an execution, that
the sale should be for the benefit and advantage
of the latter, does not of itself make the sale abso-
lutely void. It would be voidable by any creditor
defrauded, but was good as between the parties to
the arrangement.....
GAMBLING CONTRACTS. Where stock trans-
actions were declared illegal, after settlement be-
tween parties and entry of judgment on bond
given by one to the other for alleged balances...... 238
GIBSON, ROBERT M. Action of Allegheny
County Bar on death of....
GUARDIAN AND WILL. Payment to a father,
as guardian of his infant child, who was not duly
appointed as such, but was recognized by the

135

Where guardian uses trust funds in his business, he
is liable for interest thereon at rate of 6 per cent... 385
F. was discharged as guardian, being insolvent,
and filed his account, showing balance due by
him. In subsequent proceeding in partition, in
which he was attorney for petitioner and his suc-
cessor party, he was allowed fee. Held, that his
successor should have retained his ward's propor-
tion of fee...

Judgment against guardian may be inquired into
as between gardian and ward on settlement of
guardian's account...

Measure of liability of guardian for failure to pay
taxes, make repairs, etc., on real estate of his
ward, is loss resulting...

GUARDIAN AND WARD. See Judgment.
Duty of guardian to bring ejectment for ward's
land, and practice as to settling compensation of
the attorney employed.....

When guardian is entitled to proceeds of benefici-
ary certificate which is payable to administrator
of donor's children.......

A guardian cannot claim for maintenance of his
ward, who worked about the former's house and
shop and who had made no charge against the
ward, nor had any intention so to do, until the
minor, when eighteen years of age, went to work
for himself......

HUSBAND AND WIFE. Act of 9th April, 1872,
P. L., 35, (separate earnings of married women)
only confers right to retain earnings from hus-
band and creditors, and does not make one taking
benefit of it feme sole trader. To become feme sole
trader married woman must bring herself within
Act of 22d February, 1718, or of 4th May, 1855.....
Act of 9th April, 1872, is an extension of Act of 11th
April, 1848. It secures to married woman her sepa-
rate earnings, and, impliedly, authorizes her to
engage in business. By taking benefit of it she
assumes rights and is subject to liabilities of feme
sole...
Husband need not be joined in a suit under this act, Ib
Feme covert in Pennsylvania is not enabled to con-
vey or incumber real estate she may acquire by
future purchase, but in which she has no present
interest whatever; nor is she empowered to enter
into any contract in the nature of covenant to
stand seized or to convey interest in realty to be
acquired by purchase in futuro......

469
Married woman alleging that at her suggestion her
husband purchased land for her and that she
furnished money for all payments, must show
that she had means to buy with, and that she so ap-
plied those means in payment of purchase money 481
A married woman is not bound to record her deed
under pain of losing her land if seized by her hus-
band's creditors.....

In interpreting conveyance by husband to wife,
executed at a time when former had no creditors
to question bona fides of the transaction, construc-
tion which courts place on conditional convey-
ances, especially where there is slightest evidence
that security was the object intended, does not
prevail, but it is to be construed most strongly
against husband.....

481

8

484
The conveyance or pledge, by a married woman, of
a chattel real, to be thereafter acquired, is void.....
Release of legacy charged on land by married wo-
man to her husband, is not conveyance of land,
and hence does not fall within the provisions of
the Act of February 21, 1770, relating to acknowl-
edgments; but unless duly acknowledged it would
not come within recording acts...

Effect of such a release upon judgment creditors of
husband, who are induced and misled thereby to
loan money to husband..

Provisions of Act February 29, 1872, P. L., 21, do not
enable married woman to render her husband
liable for price of a sewing machine purchased by
her separately for her own use, unless such ma-
chine be a necessity for the use of the joint family,
and where not such a necessity, vendor can re-
cover judgment for price thereof only against wife,
and can issue execution only against her separate
estate...

11

Ib

58

HUSBAND AND WIFE-Continued.

111

Resulting trust in favor of wife, where land is paid
for with her money, but title taken in husband's
name, and fund arising therefrom awarded to wife, 82
Husband who executes bond accompanying mort-
gage of wife to building association, is liable on
bond, although he received none of consideration,
and although his wife is not liable on mortgage
by reason of her disability incident to coverture... 92
When assignor for benefit of creditors may present
absolutely to his wife his exempted property......
IMPLIED ASSUMPSIT. Decedent boarded with
her son-in-law and did some work about the
house. Held, that while relationship was not of
itself sufficient to rebut the presumption that she
was to pay for her boarding, yet it made it more
easily rebutted, and his claim was not allowed..... 385
INCUMBRANCES. See Title-Lien.
INSANITY-IN CRIMINAL CASES. See Evi-
dence.

INJUNCTION. See Equity-Burial Grounds.
When nuisance to right of way created by deed
will be restrained....

When the covenant is of such a nature that it can,
consistently with the principles of equity, be spe-
cifically enforced, the court will not, unless under
exceptional circumstances, take into considera-
tion the comparative injury to the parties from
granting or withholding the injunction.....
INNKEEPER. See Lien.

174

Ib

162

INSURANCE-LIFE. A policy of insurance con-
tained a provision that the same should be for-
feited if the insured should fail to give notice to
the secretary of the insurance company of any
change in his residence. The insured notified the
agent through whom he had obtained his policy
and from whom he had received his notices of
assessment, and to whom he paid the same. After
his removal he continued to receive like notices
and to make like payments. Held, that he had
sufficiently complied with the provision of the
policy, and that said policy was not forfeited........ 89
Where the proceeds of a beneficiary certificate are
made payable to the "administrators" of the
donor's children, who at the issuance of the policy
were minors. Held, that the guardian of such
children was entitled to receive the proceeds....... 126
Where policy stipulated to pay a specified sum and
underneath qualified the amount to be paid ac-
cording to time when assured died, the company
was held liable for full amount...
Suit may be brought in county where subject of
risk insured against was domiciled or located,
and summons may be served on company in any
other county of Commonwealth in manner pro-
vided by the original Act of April 24, 1857.
INSURANCE-FIRE. Where the agent of a com-
pany examines a building and fills up an applica-
tion, which he reads to the owner, and which is
signed by him, such agent is to be regarded with
respect to such application as the agent of the
owner, and hence the company will not be es-
topped from setting up the falsehood of state-
ments in the application as a defense to an
action on a policy of insurance issued by it in
pursuanc of such application.
Where the secretary of a mutual insurance com-
pany declares that the company will not pay a
foss, it is a waiver not only of preliminary proofs
but also of a condition in the policy that suit
shall not be commenced until the expiration of
ninety days after proof of loss..
Where general agent of insurance company fraud-
ulently misrepresents to local agent solvency of
company, and latter, in the honest belief that
statements made to him are true, procures an in-
surance by stating again the representations
made to him, insured may defend against an ac-
tion by company upon his premium note upon
ground of such misrepresentations....

INTEREST. There are no State banks of issue in
this State entitled to receive more than six per
cent. interest, consequently national banks can-
not contract for or receive higher rate than six
per cent..
Where money is recoverable under statute that
makes no provision for interest none can be re-
covered..

INVESTMENTS. Where a committee deposits in
a savings bank, receiving a certificate, by the
terms of which he is to be entitled to draw the
money, with interest, at three months from date,
on giving thirty days' notice. Held, to be an in-
vestment and not a deposit......

481

78

86

451

489

Ib

3

Liability of trustee for losses occasioned by supine
negligence in investment of trust funds; certain
investments made in what are known as "bonus
mortgages" were too speculative to justify the
investments, and the trustee was justly held
liable for loss thereby occasioned..
344
INVOLUNTARY PAYMENT. Payments of
tolls exacted by canal company, whose right to
same is disputed, but which by exercise of threats
and other means of coercion compels parties to
accede to its demands or be put to considerable
loss in their business, are such involuntary pay-
ments that company will be compelled to make
restitution upon suit for their recovery.
331
JUDGMENT. Where Difference in Names Creates
Question as to Lien-See Questions of Law and
Fact.

Where judgment entered upon a bond given to
secure payment of stone to be delivered at speci-
fied times, should have been opened. The testi-
mony under the rule to open being very conflict-
ing as to the cause alleged in support of the rule... 176
A judgment entered against an executor is good,
although the testator's joint obligor is, at the
time, in full life......

Ordinarily the assignment of a judgment carries
with it the right to proceed with any outstanding
process issued thereon.

230

289

452

Lien of judgment is neither destroyed nor affected
by an order of court opening judgment for pur-
pose of letting defendant into defense.
Where, pending proceedings under rule of court to
open judgment for purpose of letting the defend-
ant into defense, judgment is transferred to an-
other county by exemplification of record, lien of
judgment is not lost or affected by proceedings to
open it in original court in which it is entered...... Ib
When corporation gives mortgage, the validity of
which is unquestioned by corporation itself-no
defense set up to an action brought to recover on
bond-and judgment is regularly obtained, such
judgment cannot be collaterally attacked except
for fraud or collusion......

455

Lien of, upon award of arbitrators when entered
within five years..

For purchase money-under what circumstances
cannot be impeached....

Lien of mortgage not indexed-when not post-
poned to subsequent judgment..
Against married woman separately for sewing
machine-when recovered..

Entered upon judgment note given by guardian,
both in his individual and official capacity, to
secure payment of fees for professional services
rendered to estate of his ward, does not consti-
tute lien upon real estate of ward. If ward, after
coming of age, agrees with holder of judgment
that said real estate shall be sold with same effect
as if it had been sold by guardian under order of
court for payment of debts, holder will be entitled
to claim whatever is justly due out of fund pro-
duced by sale of land..

Confession of, contained in lease, proceedings under
Act of March 14, 1876, can only be taken when
judgment is paid in full..
JUDGMENT

Postponed, in distribution of fund to wife of execu-
tion defendant, where the land sold was charged
with resulting trust in favor of wife.
JURORS. Commonwealth in criminal cases may, with-
out assigning cause, stand aside any number until the
entire panel is exhausted......
.114.120
Under the Act of 1834 the additional number of jurors
called to make up the number to twelve, to try a cause
in which a view shall have been had, should be drawn
from the special venire which the prothonotary is di-
rected to issue....

JUSTICES OF THE PEACE. A justice is not
bound to accept as security for costs, upon an appeal,
a bond executed away from his office and out of his
presence.

The jurisdiction of, to hold inquest super visum corporis
is purely statutory, is confined exclusively to cases ex-
pressly named in the act, and should appear on face of
proceedings.....
LANDLORD AND TENANT. Before expiration
of a yearly lease containing confession of judgment
for the first year, with notice to quit, &c., tenant gave

329

38

39

LIMITATIONS, STATUTE OF-Continued.

LANDLORD AND TENANT-Continued.

100

notice that he would not remain without certain im-
provements, and after paying the first quarter's rent of
the new year, vacated. Held, that the confession of
judgment in the lease, applied only to that year.....
The liability of an assignee of a term is founded upon
the privity of the estate, and does not spring from any
contract relation between the assignor and the lessor... 178
A landlord is not required to credit on rent in arrears
anything except actual payments and such sums as the
parties agree to treat as payment on account of rent.
He is not obliged to deduct a tenant's claim for un-
liquidated damages....

193

215

279

Ib

304

An agreement between landlord and tenant that the lat-
ter may remove fixtures at end of term does not either
permit him to do so thereafter nor to maintain trover
against the landlord...
Where, under a lease of coal lands, the lessor reserves
the option of buying the tenant's fixtures at the end
of the term, such option will not give the lessor any
title to the fixtures as against execution creditors un-
til the same are appraised and accepted.
Effect of agreement between landlord and tenant as to
character of fixtures upon the demised premises....
Upon the question of an implied renewal of a tenancy
all the terms of the former lease must be considered.
Hence, if a landlord elect to treat one holding over as
a tenant, he thereby affirms the form of tenancy under
which the tenant previously held.......
Where no rent is in arrears, although under section 3 of
the act the person distraining is liable for double the
value of the goods, the person injured may elect to
bring an action at common law, and, if the circum-
stances warrant, recover exemplary damages exceed-
ing the amount of the statutory penalty; and a dis-
tress when the claim is wholly false is a mere trespass,
but when the landlord distrains for more rent than is
due, trespass does not, but case will lie, though the
goods distrained were of less value than the rent really
due, and nominal damages may be given....
321
The Act of 1772, under which goods were sold for rent in
arrear, is imperative upon landlord, and it would seem
to give the proceedings the character of an execution;
only so much of the defendant's property should be
sold as will pay the rent due, nor should the sale pro-
ceed upon a tender of the debt and costs.....
LARCENY. See Crimes.

Ib

199

When new promise of one partner after dissolution to
pay partnership debt barred by statute, will not bind
co-partners

LIQUOR. The Act of 3d April, 1872, Purd., 951, in rela-
tion to the sale of liquors in Allegheny county, repealed
all acts in force in said county.
LUNATIC. See Investments.

The committee of a lunatic can only protect himself
from risk when he invests the trust funds in real or
government securities, or makes the investment in pur-
suance of an order of the court....

After lunatic's death the Court of Common Pleas has no
jurisdiction to make distribution to the next of kin, of
the funds in hands of the committee (who has filed his
account), but must award the same to the personal
representative for distribution......
MANDAMUS. In case of an unlawful exclusion of
colored child from school, parent of such child may
proceed by mandamus to enforce his admission.......
MARITIME LIEN. The general maritime law gives
no lien for services in raising a sunken vessel, rendered
in her home port...

170

176

203

3

3

382

7

Nor is a contract for raising a sunken vessel within the
purview of a local statute which gives a lien for work
done or materials furnished "in the building, repair-
ing, fitting, furnishing or equipping" vessels, al-
though the execution of the contract involves the bulk-
heading, planking up and closing the breaks in her
hull to keep her afloat while being towed to the docks... Ib
MALICIOUS PROSECUTION. See Defenses.
MARRIAGE. See Evidence.

If female under age of twelve years enters into marriage
contract and ratifies it after she arrives at that age, it
is binding upon her..

MARRIED WOMAN. See Husband and Wife.
MASTER AND SERVANT. The fact that a par-

ticular accident might have been prevented by some
special device or precaution, not in common use, does
not render the employer liable...

394

123

Ib

If the risk is an ordinary one, the employer is not liable,
even if the employee did use ordinary care. In all
cases the risk of injury is one of the hazards which the
employee assumes when he engages in the service to
which it is incident....
MECHANIC'S LIEN. It is no answer to a mechanic's
lien, that the mechanic drew upon the contractor to the
order of the equitable plaintiff, and that the latter ac-
cepted also the note of the contractor, in the absence
of any express agreement that they should be taken in
satisfaction...
118

Courts lean in favor of sustaining mechanic's lien when
the property is so described therein that those ac-
quainted with neighborhood are able to identify it.
The lien in this case was filed against "all that certain
two-story brick stable, having a front of 20 feet and a
depth of 88 feet, erected upon a lot situate in the
Seventh ward, Allegheny, fronting 20 feet on the east-
ern side of East street, and extending back 250 feet to
Locust street. Held, that description was sufficient... 404
A mechanic's lien filed against one as contractor and re-
puted owner, but not naming the real owner, is fatally
defective.......
Mechanic's claim for repairs, alterations and additions.
is a lien only from filing, and does not relate back of
filing. When terre-tenant dies before same is filed,
mechanic claimant has no priority, and his claim comes
in pro rata with other debts of decedent not of record, 440
MINING. When owner of coal mine must support sur-
face at all events. See Easement...
190
MISCELLANEOUS ARTICLES. Loss of goods by
common carriers......

An innkeeper or agister has a lien upon an animal for
boarding and keep, and may maintain replevin if the
said animal is removed clandestinely or without his
consent

When wages not a lien under Act of April 9, 1872..
Notices of claims for wages under Act of April 9, 1872,
must be given within time limited by Act, and must
comply with other provisions thereof, relating to the
labor, sums due, and that the property subject to the
lien is embraced in the levy.....

347
The business of cutting saw-logs and driving them to
the place of manufacture is not within the Act of 1872.. 347
Third section of Act of 1872 does not give lien on choses
in action in favor of wages claimants: lien is limited
to such property as is subject to seizure and sale on exe-
cution....

LIMITATIONS-STATUTE OF. Where, by agree-
ment between the parties, a debt is not due and pay-
able until the occurrence of a future event, the statute

Flogging as a punishment...

MORTGAGES. See Distribution-Partition.

Purchaser of land subject to, may avail himself of same
to perfect his title...

Not necessary to serve scire facias on a mortgage on
terre-tenants or give them notice....

43

375

Lien of, when not postponed to subsequent judgment,
although not indexed......
What held to be a parol...

2 22

12

52

72

209

Party relying upon title regular on its face and without

Mortgagee of interest in an undivided estate, not entitled
to notice or to be made party to proceedings in parti-
tion.

NEGLIGENCE-Continued.

MORTGAGES-Continued.

notice of any trust or equity affecting its force and
effect, loans money upon mortgage thereon, and after-
wards assigns mortgage, assignee will take such mort-
gage discharged of equities of persons not parties to it
of which he has no notice..
Mortgagee is within equity of rule that when several
pieces of real estate, subject to common incuz.brance,
are successively aliened, properties so disposed of are
liable for amount of incumbrance in inverse order of
alienation-mortgagees in such cases, to extent of mort-
gage debts, being considered as purchasers having cer-
tain interest in lands defeasible on payment of mort-
gage debts..

312

317

363

Lien of mortgage of leasehold does not extend to after-
acquired leasehold of same parties in same premises,
which is not renewal of former lease; sheriff's sale un-
der said mortgage does not divest interest under sec-
ond lease..
Although note secured by mortgage be barred by statute
of limitations, mortgage is not; and where real estate,
other than that on which the mortgage is specific lien,
is sold under authority of the deceased mortgagor, such
mortgage is payable out of proceeds of sale.
393
MOWRY LAND CASE. Charge of Judge Butler...... 281
MUNICIPAL CORPORATIONS. See Crimes-Dam-
ages.

The mayor of the city of Pittsburgh has no jurisdiction
by summary conviction of the offense of selling liquor
on Sunday..

14

Ib

65

74

Per EWING, P. J.: Under existing legislation the coun-
cils of Pittsburgh have ample power to pass an ordi-
nance making it an offense against the city to main-
tain a place for the illicit sale of liquors.......
When the taxes levied by a city are clearly for a proper
public purpose, and are authorized by the State law,
though some of the property assessed be farm land
within the city, the Supreme court of the U. S. cannot
say that such a statute deprives the owner of his prop-
erty without dne process of law..
License tax upon national banks by, is unconstitutional.
When damages are sought to be recovered from a muni-
cipal corporation by reason of negligence in the con-
struction of a sewer, the action cannot be sustained if
it appears that the injury would have occurred in all
human probability in the absence of such negligence.. 204
Municipal corporations are only bound to exercise rea-
sonable and proper care as to their sidewalks, and if
rain falls and frost follows and sidewalks become
slippery they are not required to immediately make
them safe to walk upon...

The law imposes duty of keeping highways in safe con-
dition for travelers; but not in condition of such abso-
lute safety as would preclude possibility of accident or
injury, which would be wholly impracticable...
MUNICIPAL LIEN. A sheriff's sale on a municipal
lien filed under the Act of January 6, 1864, relating to
streets, etc., in the city of Pittsburgh, divests a prior
fixed lien on the property sold...
Sufficiency of entry..

461

396

Plaintiff sustained injury in day time by slipping and
falling on ridge of ice and snow extending across side-
walk from building line into street: it was three to
four feet high on inside line, then gradually sloping
down. Held, that as she knew dangerous character of
this obstruction, and could have avoided it by going
out into street, it was contributory negligence.....
When sole basis of liability is omission to perform cer-
tain duty, suddenly and unexpectedly arising, there
ought to be at least a consciousness of facts which
raises the duty, on part of person who is charged with
its performance, and a reasonable opportunity to dis-
charge it...
494
Where one diverges from ordinary traveled portion of
sidewalk, and undertakes to pass along such part as is
ordinarily taken up with gas pipes, stepping stones,
tree boxes, hydrants, hitching posts, and such other
obstructions as are common and usual on edge of side-
walk, he must exercise greater degree of caution to pre-
vent accidents than if he were on usually traveled por-
tion of walk, and if he fails to do so, and by want of
such care and caution he comes in contact with some-
thing that reasonable observation would have enabled
him to see and avoid, and is injured, law will not al-
low him to recover-Negligence-Measure of damages. 461
What is contributory to injuries sustained by a child
when permitted to pass over and stand upon railroad
crossing.....

What is not negligence in foot passenger who tripped
upon a slight elevation in a slippery crossing, fell and
was injured.....

Who entitled to recover for a death caused by.
Where boy was drowned in well, over one hundred feet
from highway, dug in an open field, owners thereof
cannot be held guilty of negligence in permitting well
to remain without a guard...

A child of tender years cannot be charged with contribu-
tory negligence. "But this principle cannot be applied
as a rule of law in all cases to children nearly eight
years of age." Such cases should be referred to the
jury; it is error to rule them as questions of law......
The owner of a stallion two or three years old, who per-
mits him to roam on the public highway, is liable for
injury done by him.....

18

25

41

30

Ib

104

NEXT OF KIN. See Equity-Burial Grounds.
Who entitled to make distribution to, of lunatic's estate 3
NOTICE. See Title.

Ib

46

Ib

What was held sufficient, to preserve lien...
The absolute confirmation of a plan for laying out a road,
is constructive notice to all parties interested in the
location thereof, and of its liability to be thereafter
opened.....
Land was sold on a Municipal Lien, whereby a personal
charge was divested. The sheriff's vendee mortgaged
same, which was foreclosed and purchased by the
assignee of mortgage. Held, that the Records did not
give him sufficient notice, &c., cause him to inquire as
to the character of the first sale, and that he held the
land from the charge..

46

139

199

347

199

Municipal liens for grading and paving streets are a
species of taxation binding the entire estate in the
land, except where the Act of Assembly directs other-
wise, and no charge created by the owner of the prop-
erty can avail as against them......
MUTUAL AID SOCIETY. Where conditions of cer-
tificate of membership in mutual aid association re-
quire approval by association of assignment of such
certificate, conditions must be fulfilled before assign-
ment can be of any effect. The mere fact of assignee
paying assessments due upon such a certificate is not
sufficient to warrant jury finding in his favor.....
MCCONNELL, THOMAS. Action of Allegheny County
Bar on death of..
.180-218

330

Under Act of April 9, 1872.

33

NUISANCE. Although a wooden building erected con-
trary to law is not, per se, a public nuisance, yet it may
become such by the manner in which it is used.......
A private person, if specially aggrieved, may abate a
public nuisance, peaceably and without a riot..
Ib
When nuisance to right of way created by deed, will be
restrained by injunction......
174

OFFICERS. The acts of an officer de facto are valid so
far as the public and third persons are concerned, but
none but an officer de jure can successfully claim com-
pensation for official services..

Section 4 of Article 6th, of the Constitution of Pennsyl-
vania, in reference to the removal of "appointed
officers," applies to municipal officers as well as to
State or county officers. The Receiver of Taxes in the
city of Philadelphia has the right to remove the Col-
lector of Delinquent Taxes.

ORPHANS' COURT-Continued.

224

An order was made authorizing petitioner, who repre-
sented herself as guardian, but who in fact was not
such, to mortgage Ward's estate. In proceedings to
cancel mortgage, the order was held void...
Has jurisdiction to allow contribution out of estate of
deceased partner on basis of settlement made by ex-
ecutor with himself as surviving partner where it is
shown that such settlement was made in good faith
and after proper investigation, although this involves
investigation of partnership affairs...
Valid objection to balance claimed that it is made up in
part of firm debts assumed by surviving partner in-
dividually with view to claiming contribution out of
deceased partner's estate provided firm be released...... 372
Powers of the register's court are now vested in the
Orphans' Court, and when letters of administration
are revoked by it, it should direct to whom new letters
should issue....

372

394

PARTNERSHIP. This power of one partner to bind
another after dissolution, being exceptional, the facts
which give rise to it must appear in any case where it
is claimed to exist, and if they do not appear the gen-
eral rule of non-liability applies and controls...
A new promise by a partner after dissolution of the co-
partnership, to pay a debt existing against the firm,
will not take the debt out of the statute of limitations
so as to make his copartners liable, excepting when the
partner takes the stock in hand and becomes the liquid-
ating partner.....

In cases in which the rule to marshal assets as between
individual and partnership creditors is applicable and
is invoked, a surviving partner cannot enforce contri-
bution against the separate estate of a deceased partner
for partnership debts which have not been paid prior
to such decease.

While one of several partners may justly subject partner-
ship property to levy and sale in discharge of partnership
debt by giving judgment note therefor in name of firm,
he has no right to thus undertake to pay his individual
debt without knowledge of his copartner, even though
money for which judgment note was given was used
for firm purposes...

176

176

307

Such judgment is a fraud upon creditors of firm, and
may be set aside as to them in collateral proceeding.... 366
Real estate held in name of firm and bought with its
funds is not thereby converted into personalty; in
order to effect such conversion as against strangers
and creditors of the individual partners, it is necessary
that deed should expressly state that it is held as part-
nership property, or there must be actual notice to
party..

One who holds judgment against an individual who is
member of firm is entitled to revival thereof, as against
terre-tenant, who is assignee for benefit of creditors of
firm in question..

One member of partnership, to whom others have trans-
ferred their interest in partnership property and claims
cannot sue and recover, debt which was owing to firm,
in his own name.....

PLEADING. See Amendments.

It is not necessary to join the husband in a suit against
a married woman doing business under the Act of 1872.. 172
POWER. A power of attorney, or any other instrument
of the same nature, unless coupled with such an inter-
est as to render it irrevocable, ceases upon the death
of the donor of the power or when the purpose of its
276
creation has been fully executed....
PRESUMPTION OF LAW. When malice presumed
from reckless and wanton act...
PRINCIPAL AND AGENT. Where bank account is
opened in name of one as agent, in which is deposited
money belonging to different principals, it is not nec-
essary that names of the principals should be desig-
nated on face of deposit to preserve fund for them as
against general creditors of agent.....

Where a factor is instructed to sell goods upon credit,
and that his principal will dispose of the note of the
purchaser, the factor will be liable for the amount of
the note, if, instead of transmitting it to his principal,
he takes it in his own name and has it discounted
himself...

Who are, in certain cases of fire insurance..
Whatever an agent says or does in the transaction of the
business he is employed to perform may be given in
evidence to affect his principal. But declarations
made afterwards cannot be so used..

An agent is liable personally to a party with whom he
deals, (1) where he makes a false representation of his
authority with intent to deceive; (2) where with
knowledge of his want of authority, but without in-
tending any fraud, he assumes to act as though he
were fully authorized, and (3) where he undertakes to
act bona fide, believing he has authority, but in fact
has none...

The authority of an agent cannot be established by
proof of declarations of agent, whether made under
oath or not....

PRINCIPAL AND SURETY. Character of relation
of, and duties of co-sureties..
PROMISSORY NOTES. A notice of protest enclosed
in an envelope properly stamped and directed to the
post-office address of the endorser, and handed to a let-
ter carrier, whilst in the discharge of his official duties,
for mailing, is sufficient evidence of mailing the no-
tice of protest to fix the liability of the endorser,
whether he received the notice or not....
Christian name of payee made by the promissor after
note had been signed by himself and surety, but with-
out the knowledge or consent of said surety, will not
release latter from his liability on said note, said al-
teration being immaterial, and placing on him no
responsibility to which he was pot subject before the
change.....

Interest on note, which, by its very words, is payable in
gold, is payable in gold or its equivalent in legal ten-
der notes. Such payment is not usurious...
PRACTICE. See Courts-Errors and Appeals.
Proper method to be pursued by assignee in bankruptcy
to contest the right of surety of the bankrupt to appro-
priate collaterals...

Proper practice in Courts of Common Plens, on "rules to
show cause," is to take depositions in support of such
rules. Unless this is done, the rules will be discharged
at argument, even though no answer may have been
filed...

Orphans' Court may, on settlement of guardian's ac-
count, fix compensation of attorney employed to pros-
ecute action....

114

410

4

78

89

181

280

427

255

264

376

53