non-parmice not liabi Will not becihed time” ..... ....... 245 .......... 215 ...... 135 EXECUTORS AND ADMINISTRATORS - Con- GUARDIAN AND WILL-Continued. Orphans' Court as such, was considered good after thirty years......... .................. 196 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 ........... 392 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 Ib successor should have retained his ward's propor- tion of fee...... ...... 60 as between gardian and ward on settlement of .......... Ib Measure of liability of guardian for failure to pay ward, is loss resulting ....... 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 benefiei- ary certificate which is payable to administrator of donor's children........ ................. 126 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...... ........ 146 HAMILTON, GEORGE P. Action of Allegheny County Bar on death of.... children. .......... 101 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 seme sole 351 trader married woman must bring herself within Act of 22d February, 1718, or of 4th May, 1855........... 172 Act of 9th April, 1872, is an extension of Act of lith April, 1818. 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. I Feme covert in Pennsylvania is not enabled to con- ..................... 339 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.......... ................ 363 Married woman, by virtue of Act of 29th February, 1872, has power to make contract for conditional purchase of sewing machine, and therein to waive benefit of the exemption law........ ... 169 Іь 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 ................... Ib 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 89 that security was the object intended, does not prevail, but it is to be construed most strongly .... 271 against husband.. 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........ 11 Effect of such a release upon judgment creditors of 331 husband, who are induced and misled thereby to loan money to husband........ Ib 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 thereot only against wife, and can issue execution only against her separate estate... .... ............. .......... . . . . . . .......... 230 ........... 2 ........ 8 ....... 432 ...... 89 HUSBAND AND WIFE-Continued. tor with her money, but title taken in husband's gage of wife to building association, is liable on by reason of her disability incident to coverture... 92 absolutely to his wife his exempted property........ 111 her son-in-law and did some work about the ly rebutted, and his claim was not allowed..... 385 dence. ............. 174 consistently with the principles of equity, be spe- granting or withholding the injunction................. Ib tained a provision that the same should be for- policy, and that said policy was not forfeited........ children was entitled to receive the proceeds......... 126 risk insured against was domiciled or located, vided by the original Act of April 24, 1857.............. 481 pany examines a building and fills up an applica- pursuanc of such application........ pany declares that the company will not pay a 86 ulently misrepresents to local agent solvency of ground of such misrepresentations........... this State entitled to receive more than six per 489 covered..... a savings bank, receiving a certificate, by the INVESTMENTS-Continued. tained through the insolvency of the savings .......................... Ib negligence in investment of trust funds; certain ..................... 311 tolls exacted by canal company, whose right to restitution upon suit for their recovery................... 331 Question as to Lien-See Questions of Law and Fact. secure payment of stone to be delivered at speci- ing as to the cause alleged in support of the rule... 176 time, in full life.......... 289 pose of letting defendant into defense....... open judgment for purpose of letting the defend- open it in original court in which it is entered...... Ib which is unquestioned by corporation itself-ho for fraud or collusion........ ............. cannot be impeached.. poned to subsequent judgment. machine--when recovered.......... both in his individual and otlicial capacity, to 93 Act of March 14, 1876, can only be taken when 118 Wife. tion defendant, where the land sold was charged with resulting trust in favor of wife...... ........ out assigning cause, stand aside any number until the called to make up the number to twelve, to try a cause rected to issue............. bound to accept as security for costs, upon an appeal, proceedings........ of a yearly lease containing confession of judgment ....... 162 .......... 78 ...... ................ 329 ......... 46 ... .. 176 ......... 193 .... 279 ........ 3 ............. LANDLORD AND TENANT-Continued. notice that he would not remain without certain im- the privity of the estate, and does not spring from any liquidated damages........ ter may remove fixtures at end of terin does not either 215 the option of buying the tenant's fixtures at the end til the same are appraised and accepted...... character of fixtures upon the demised premises.......... all the terins of the former lease must be considered. 304 the act the person distraining is liable for double the ceed upon a tender of the debt and costs........ convicted of, under proviso to Act of March 31, 1860, Sec. III.... Release of, by wife to husband........ pay legacies, makes a general residuary disposition of the legacies... Ib ... 146 force payment of debts due corporations whose charters have expired by limitation.......... liberally construed. See Evidence.... Lien. lien ........... consent ....... ......... the place of manufacture is not within the Act of 1872.. 347 cution................ ment between the parties, a debt is not due and pay- LIMITATIONS, STATUTE OF-Continued. of limitations will not begin to run until the occur- .. 93 time less than will raise the presumption of payment ......... 170 pay partnership debt barred by statute, will not bind co-partners ..... tion to the sale of liquors in Allegheny county, repealed ................. 203 suance of an order of the court........ jurisdiction to make distribution to the next of kin, of representative for distribution...... colored child from school, parent of such child may proceed by mandamus to enforce his admission ............ 382 no lien for services in raising a sunken vessel, rendered in her home port..... purview of a local statute which gives a lien for work hull to keep her afloat while being towed to the docks... Ib contract and ratifies it after she arrives at that age, it ....... 394 ticular accident might have been prevented by some even if the employee did lise ordinary care. In all which it is incident.............. lien, that the mechanic drew upon the contractor to the ............... 116 the property is so described therein that those ac- Locust street." II lil, that description was sufficient... 404 puted owner, but not naming the real owner, is fatally defective...... is a lien only from filing, and does not relate back of in pro rata with other debts of decedent not of record, 440 . 190 common carriers..... Flogging as a punishment..... to perfect his title.... terre-tenants or give them notice.. although not indexed.... to notice or to be made party to proceedings in parti- tion..... 11 ................... .. 349 ..... 105 ons and wi ........ ***** ....... 204 .....317 19 ***........ ............ 104 MORTGAGES-Continued. NEGLIGENCE-Continued. construction of sewer........ Plaintiff sustained injury in day time by slipping and falling on ridge of ice and snow extending across side- .......................... 312 walk from building line into street: it was three to four feet high on inside line, then gradually sloping clown. Held, that as she knew dangerous character of this obstruction, and could have avoided it by going out into street, it was contributory negligence.............. 396 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.............. Where one diverges from ordinary traveled portion of sidewalk, and undertakes to pass along such part as is . .. 363 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 euabled 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 14 ............ 18 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, ang 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 (amot be charged with contribu- tory negligence. “But this principle cannot be applied 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....... sonable and proper care as to their sidewalks, and if Who entitled to make distribution to, of lunatic's estate 3 ............ 461 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.. .................. 1.39 charge was diverted. The sheriff's vendee mortgaged same, which was foreclosed and purchased by the assignee of mortgage. Helil, that the Records did not I b 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.............. Under Act of April 9, 1872... ................ 347 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................ When nuisance to right of way created by deed, will be restrained by injunction...... ................. 17 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- .......180-218 pensation for official services...... Section 4 of Article 6th, of the Constitution of Pennsyl- 395 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- 123 lector of Delinquent Taxes................. .................. 205 .............. Where it sets aside inquisition on ground of under valuation at instance of tenant for life, it has no power to restrict functions of ilinx jury......... May, on settlement of guardians account, fix compensa- tion of attorney employed to prosecute action................ Has jurisdiction under Act of March 29, 1832, over ininor children of living, as well in legal parents. The power to care for such carries with it every incident necessary to effectuate that care....... 161 When the general rule, that the surviving parent is en- titled to custody of the persons of his children, will be 161 departed from, for the welfare of such children............ 130 ... .............. 199 ...... 199 . ......... 39 :... 161 130 ........................ ...... 372 . I L.......................... ORPHANS' COURT-Continued. | 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 creation has been fully executed......... .......... 276 from reckless and wanton act.... ....... 114 opened in naine 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.............. 410 Where a factor is instructed to sell goods upon credit, .. ......................... ... 394 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 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 iu- tending any fraud, he assues to act as though he were fully authorized, and (3) where he undertakes to .......................... 209 act bona fide, believing he has authority, but in fact has none............... ........... 181 The authority of an agent cannot be established by proof of declarations of agent, whether made under ................... 209 oath or not.......... PRINCIPAL AND SURETY. Character of relation of, and duties of co-sureties.............. ........ 4 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 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......... ..... 176 176 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........ 376 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 Pleas, 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......... ......... 93 How bankrupt must proceed when discharged judgment note is subsequently entered against hin ................ In a legal proceeding the court has nothing to do with equitable plaintiff to whose use it is marked, unless some defense is shown as against him............. .......... 117 Advantage of errors in the trial of a criminal case must be taken at the time such error is committed, by ex- ......................... 472 cepting thereto, having the judge note the same, and then atlix his seal before record is removed... Under sheriffs' Interpleader Act...... ............. 472 It is discretionary with the court to recommend special verdict and its refusal cannot be reviewed on error...... 187 The circumstances which subject foreign corporations to be sued in Pennsylvania courts, need not be set forth in the precipe or summons........ ........ 189 The return of service of such summons is conclusive be- tween the parties, which the court cannot set aside upon extraneous evidence........... .......... 189 Service of summons on othcer of foreign corporation, when casually present in this State, in a case where such corporation is not suable in our courts, the de- fendant must file a plea to the jurisdiction.................. 189 Matters of claim and account, which the parties do not agree to treat as payment, must be enforced by the tenant, either under the Defalcation Act before a jus- 193 payabi: rior ........ ........ 110 |