........... 2 ..... 414 ..... Ib ..... Ib L U C ........................... .. 416 ........... CARNAHAN, THEODORE H. Action of Al CONSTITUTIONAL LAW.--Continued. law, within the meaning of the Constitution......... 65 What parts of a State shall, for local. purposes, be governed by a county, a town or city govern- ... 180 ment, and the character of the land included in each, are matters of detail within the legislative discretion........ ........................ The constitutional provision--"No law shall be re- vived, amended, or the provisions thereof ex- tended or conferred, by reference to its title only, but so much thereof as is revived, amended, ex- tended or conferred shall be re-enacted and pub- lished at length-is sufficiently complied with, if 158 a supplemental and amendatory act is set forth and published at length in its amended form........ 74 A license tax imposed by city ordinance upon a national bank is unconstitutional; but the ordi. nance not undertaking to make the tax a lien and giving an action of debt only for its collec- tion, the bank is not entitled to equitable relief by injunction. ......................... Ib 105 | CONTRACT. See Collaterals. Misrepresentations leading to..... Incompetency of widow and children to prove ante- nuptial contract of the former with decedent........ An oral ante-nuptial agreement should not be found, save upon clear and convincing proof, Quantity of proof required....... Liability of husband who executes bond accompa- nying wife's mortgage to building and loan asso- ciation.................... ........................ Between relatives for boarding or services....... Where facts point directly to contract between kin- dred as to support fact of family relationship must be left out of question....................................... 320 Empty promise not sufficient to support a legal...... 391 To purchase real estate, not in writing, may be sus- tained, notwithstanding statute of frauds, where possession has been taken and valuable improve- ments put up which cannot be compensated in money..... ........... 433 Contract in writing, duly signed, need not be in one paper............... Such must show sufliciently property sold and terms of sale, price and manner of payment.............. Ib ... 233 Where creditor in consideration of obtaining con- fessed judgment from debtor agrees to pay claim of another creditor the contract is such an one as will support an action by latter against promisor, 415 Sufficient consideration for ante-nuptial............... 417 Which has for subject matter any interference with the creation of laws or their due enforcement con- 464 For contingent fee procure settlement of criminal charge of fornication with married women not enforceable............ Ib CONVEYANCE. See Husband and Wife. CORONER. Acts in judicial capacity in holding inquest........ .......... ........ Ib CORPORATIONS. See Foreign Corporation. The act of April 7, 1870 (executions against corpora. tions, Purdon, 291), did not repeal provisions of 720 section of Act of 16th June, 1836; sole purpose of Act of 1870 was to supersede remedy by sequestration under Act of 1836. The real estate held in fee of private trading corporation is to be proceeded against and sold in manner provided in other cases, for sale of land upon execution...... 87 When act of a majority of a church to amend con- stitution is void-see church congregation ............ A, may be indicted for breach of duty imposed on it by law, though not for felony, or for public wrongs involving personal violence, as riots or assaults......... 136 When corporation which is liable to keep its high- way in order is liable for injury resulting from temporary obstruction by a builder........ ........ 161 Board of directors of, have a right to institute suit 205 and consent to discontinuance of, provided 265 record when made up does not prejudice unlaw. 216 233 If basis of discontinuance or settlement of case is an unlawful contract by which rights of corpora- tors or stockholders are affected, they have rem- edy in equity against corporation........ ...... Ib Minority of board of directors or the stockholders cannot control litigation of company in opposi. tion to regular corporate action by the board of directors........... Act 19th June, 1871, only empowers courts to in- quire into corporate powers conferred upon, and does not authorize inquiry in proceedings there- under as to whether same have been forfeited by any acts of company ....... 261 .......... ... 361 ....... 233 ........ 199 TO U ................... ................. 46 .............. 185 ..... 26 CORPORATIONS-Continued. COURTS OF THE U. S. Circuit Court can en- join an equitable use of a trust judgment in a State Court by executions and levies in violation of the trust and in fraud of the rights of the cestui .......................... 265 que trust......... COVENANT AGAINST INCUMBRANCES. The taking of land by the Commonwealth for a public road, does not constitute breach of............ 139 At the time of the conveyance of land, by deed of “grant, bargin and sale," a plan for a public road through the same had been absolutely confirmed, and the road afterwards actually opened. Held, the grantee could not recover damages for breach of.. ........ ....................................... 10 Municipal Corporations - Defenses - Errors and Appeals. Where an indictable act constitutes two offenses. one against the State and one against a municipal government, the latter may be constitutionally authorized to punish it..... In addition to punishment on indictment for keep- ing a bawdy-house, the offense may be punished by summary conviction under a city ordinance enacted by virtue of legislative authority “to sup- press and restrain houses of ill-fame."..... Indictment for false pretenses under Act March 31, 1860, Sec. 111, P. L., 410, will only lie where offense charged is the assertion of an existing fact, not a promise to perform some act in future....... Homicidal mania must be established affirmatively by more than one act.......... Where a passenger in a crowded car sportively and without intention to do harm, discharges a weapon, which injures an innocent person: Held, the act being considered reckless and wanton, the presumption of malice arises........ 114 only in certain municipal division, which is less than county within jurisdiction of court, name or description of such division and fact that offense was committed therein, must be set forth in in- dictment.. .................................. 119 An indictment must be sufficiently precise to pro- tect defendant from second prosecution for same If jury in a criminal case make a mistake the reme- dy is a motion for new trial in court below, and if new trial is refused, where upon evidence it ought to have been granted, and judgment is affirmed on error upon law of case, only remedy is an appeal to pardoning power...... Aggravated assault and battery is punishable by imprisonment in State Penitentiary, and prisoner convicted thereof in Lawrence county cannot legally be sentenced to Allegheny County Work- house....................... ....... 251 Not error to instruct jury "if you find that the de- fendant intentionally fired a pistol ball into the body of the deceased, and thus inflicted a wound which caused death, malice and a design to kill are to be presumed from such use of the weapon." 423 Sobriety and sanity must be regarded as normal condition of men, and when drunkenness or in- sanity is set up as an excuse for crime or in miti- ............. gation of it, proof necessary for its establishment inust not only be deliberately scrutinized, but also fairly preponderate in favor of the proposed hypothesis......................................... 248 DAMAGES. Although municipality is liable for in- juries resulting to foot passenger upon its streets from accumulations of snow and ice at crossing, it is not liable where injuries are result of noth- ing more than ordinary slipperiness caused by recent snow and ice.... Who entitled to recover, for a death occasioned by negligence........, Measure of, for death of minor child........... Where owner of land makes excavation thereon at such distance from highway that person would knowingly trespass before any injury could pos- sibly happen, owner cannot be made to respond in damages in event of any one falling into exca- vation and being injured........ .......... 2 Where company by its charter is bound to make compensation for damages done in taking private property, consequential or speculative damages must not be rejected, and houses must be con- sidered in connection with realty....... 329 In action against city for, caused by defective sewer, not competetent for defendant's witness to ............. 327 testify what price he paid for his house in the neighborhood....... ....... .. 399 | In same case held, that plaintiff was entitled to 248 ................... .................. ............ ....... 41 ......... 251 ............... 271 .... 191 ........... 391 ... 77 DAMAGES-Continued. recover for rents lost during the repairs of the ....... a dangerous road open in unprotected state, al- new one......... presumption of, must bear consequences of failure thus sought to establish was in full life....... ....... 113 ............... 263 tiring partner for debts of firm, whom he has fered by retiring partner...... estate, and widow has no interest in it...... ..... 31 account, showing balance held partially by cach.. 13 ceeds... 170 tion of residue with other residuary legatees......... 37 Orphans' Court, Jetters testamentary can only be hearing as required by statute........... ................... 381 object of his bounty during her life, giving all his testamentary until the decease of the widow......... 274 preserve the capital as well as the income of an portionable share of such payments...... order of court for payment of debts, interest on -177 date ot confirmation of sale.......... ................... 490 cal business transactions of life, are sufficient to satisfy the requirements of the statute......... ....... fraudulent representations by vendor, necessary resentations must be both false and fraudulent.... 399 purchase of land, and for price agreed upon, pur- not testamentary disposition of property............... 72 DEED-Continued. rounding circumstances, in which may be con- 112 of showing it is upon him .......... joinders, and also by courses and distances, 139 356 sumption is it was all written before sealing............ 181 that his deed, which purports to be convey- ......... 112 its terms, and seeks to convert it into mortgage, quivocal. upon the land was cut by owner before purchaser cannot be permitted to prove that he acted under icies of fire insurance... ............. 316 -Legacy. that where several pieces of real estate, subject to ing trust in favor of wife of defendant, awarded to latter....... sheriff's sale of partnership property has right to inquire into validity of judgment........ preference......... was performed; as to proceeds of grass crop chinery of mill destroyed by fire should be dis- tributed to real estate....... .................. 393 moneys to his own use, it not appearing whose ........ 410 aside except for palpable error..... association making voluntary assignment.. vent corporation held in fee............ he may see proper in deed giving right to pros- .... 309 ...... ........ 375 ........... .......... 455 01.......... 130 ...... 273 ... 387 185 DOWER. Sale of land in bankruptcy does not 369 the ground of duress per minas regard will be had duce a like effect on a firm and courageous man... 68 coal, whose conveyance reserves all the coal, with 190 action of.......... per's interest in firm where real estate in ques- ............... 351 railroad company without making or tendering subject to B.'s right in it for an unreasonable time, 41 fested by appropriate legislation or authority....... 21 as against taxes levied by city ordinance........ ....... ... 152 215 all parties touching subject-matter of original bill, 26! ters existing at time of filing original bill............ pleaded at law puis darrein continuance.................. out of subject-matter entitling him to affirmative relief, which he cannot obtain in original suit...... 278 equitable relief is subject to the law of laches........ .. 317 projecting windows from an upper story which ....................... 327 for land taken by railroad company without . 387 EQUITY-Continued. as should subject them to costs of references......... 370 innocence depends wholly upon question of law, 28 ferred to the jury............ in interposing........ rejecting deposition... has not prejudiced the party complaining thereof, 8 filed to secure to a person whose property is about locutory merely, and is not the subject ofan appeal. 96 ........ 120 law under Act of April 29, 1871....... .......................... 161 dence, a venire facias de nouo will be awarded.......... 181 Sessions to incorporate town or village................... dence of a case, even where human life is at stake, Ib recommend special verdict, but it is discretion their refusing to exercise it...... and granting preliminary injunction.... struments of writing copy thereof, should be fur- termine as to its relevancy and sufficiency............ 312 ......... 384 facts are disputed... Court is by writ of error and not by appeal............ 152 ......... 209 are conclusive, and cannot be reviewed by the 478 from setting up misrepresentations in applic covery by his breach of warranty....... ............................. 96 187 275 ................ .............. 438 ........... 223 ....... ... 318 EVIDENCE. Construction of the Acts of April 3, 1872, and March 31, 1860, with regard to the compe- seduction under promise of marriage....... which a jury may infer a promise of marriage....... Ib tion" under Act of May 14, 1857. to legitimate a ing when both parties thereto are alive is admis- party......... Ib deed, question whether it has been delivered or Ib payment of assessments on a policy of life insur- ......... 89 Ib satisfactory and clearly preponderating evidence, Ib ....... 114 in evidence without preliminary proof of agent's because they do not constitute the best evidence...) chandise, not admissible to prove sale......... ........... Ib .......... somebody is admissible in a homicide case to tion of deceased is inadmissible, where it appears to kill but disable his assailant........... habit of using vulgar language in addressing each EVIDENCE-Continued. examination grew naturally out of the examina- on line of flight of person accused of murder com- earlier date. 259 charges are made against two parties where there 280 306 tor or guardian....... and safety, facts ought to be proved...... ......... 312 ject to duess had heard that persons using threats ject defense by means of cross-examination........... 318 ment by surgeon....... was implied reservation of right of way................. 358 competent testimony without calling witnesses... 364 ........ 416 title under statute of limitations, evidence not sion........ of release, none being mentioned in the deed........ from minutes of stockholders' meeting.................. 467 admissible in his own behalf and to what extent.. 481 may claim........ benefit of creditors within reasonable time............. 419 exemption law, if result be to give junior execu- ... 53 ........... 58 repealed by the Act of 7th April, 1870, (executions ........ 87 against......................... .................... 11 to benefit of exemption law ........ Rights and liabilities of executors who file a joint the interest of minors who have no guardian........ executor was to be surcharged with value of lot... 97 give security is apprehended loss, and that 285) ing insuccessful claim against the State....... .. 313 judgnient has been rendered by a justice of peace ............. 492 ........... 203 .......... Sexe belalea, |