CARNAHAN, THEODORE H. Action of Al- legheny County Bar on death of........
CASE STATED. Is a substitute for, and in the nature of a special verdict, and must find facts and not the evidence..
In a case stated, where parties neglect to ascertain sum for which judgment is to be rendered in event of an opinion favorable to plaintiff, it is duty of the court to refuse to proceed to argu- ment until case is perfected, and if parties refuse to amend, to set aside case stated... CATHOLIC BISHOP AND PRIEST. Character of such relation and their respective duties..... 158 Salary of latter, when not recoverable in civil courts.....
CEMETERIES. See Burial Grounds. CHECKS. See Banks and Banking.
A holder has no action against the drawees, though they have sufficient funds of drawer, unless they have expressly or impliedly accepted
Semble, that holder of unaccepted, has right of action against drawees in certain cases where there is an implied promise on drawee's part to pay arising from usages of business or course of dealing between the parties...... CHURCH CONGREGATION. In the absence of charter or constitutional regulation, a free and independent congregation, organized under a gen- eric term, need not adhere to any particular fac- tion of the general belief, notwithstanding they may have previously followed such tenets.... Doubted whether the majority of such church could attach the same to any other faction and require a two-third vote of their successors to detach the same..
A meeting called for the purpose of considering such constitutional amendment is null and void.. Ib CITIES. Liability of, for defective construction or failure to keep sewers in repair....... When notice to, of defective condition of sewers
COLDREN, WILLIAM H. Action of Allegheny County Bar on death of..... COLLATERALS. Distinction between a merely collateral security and a security given as an inducement to an act which is performed is clearly recognized.....
Discounting of new notes on faith of certain other notes, that were given with them as collateral be- fore maturity, was a new and valuable considera- tion passing between the parties at the time, and the principal notes not having been paid, the holder of them and the collaterals was entitled to recover on the said collaterals....
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 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.....
CONTRACT. See Collaterals.
Misrepresentations leading to....
Incompetency of widow and children to prove ante- nuptial contract of the former with decedent.. 77 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...
Empty promise not sufficient to support a legal. 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
Contract in writing, duly signed, need not be in one paper...... Ib
Such must show sufficiently property sold and terms of sale, price and manner of payment.. 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, 445 Sufficient consideration for ante-nuptial.
CONVEYANCE. See Husband and Wife. CORONER. Acts in judicial capacity in holding inquest. When not warranted in holding a.. CORPORATIONS. See Foreign Corporation. The act of April 7, 1870 (executions against corpora- tions, Purdon, 291), did not repeal provisions of 72d 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... 3 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....
When corporation which is liable to keep its high- way in order is liable for injury resulting from temporary obstruction by a builder.
Board of directors of, have a right to institute suit and consent to discontinuance of, provided record when made up does not prejudice unlaw- fully the stockholders....
Charter of Boom Company, incorporated by Legis- lature in 1867, but no organization effected until 1882, avoided by Section I of Article 16, Constitu- tion of 1874. Railroad company is a private, within meaning of 4th Section, Article 16, Constitution.. Under the provisions, same section, stock holder in a corporation, created since adoption of new Con- stitution, may cumulate his votes on one or more of candidates voted for, and if he writes or prints upon his ballot sufficient words and figures to impart to election officers his wishes in these re- spects, "with certainty to a certain intent in gen- eral," his votes should be counted as so cumulated Ib Discharge or performance of legitimate duties of board of directors is a usurpation or user, but a mere claim of right to use them is not... Where canal company is authorized by charter to take and use land for purpose of a canal, it requires right of way for that purpose only, and when canal is abandoned the use and occupation of the land revert to owner of fee; when canal company become insolvent and all its property and fran- chises were sold to railroad company by order of court, said company could not construct its tracks on right of way acquired by canal company with- out making compensation to owner of land......... Has power to mortgage its real estate without being specially authorized so to do..... Minutes of, not exclusive evidence of what took place at stockholders' meeting..... CORPUS DELICTI. Is to be proved like any other fact in a criminal case, beyond reasonable doubt, and where Commonwealth has given suffi- cient evidence to entitle case to go to jury, it is competent to show confession made by prisoner connecting him with the crime..... COUNTY. Liability of, for fees of coroners............. COSTS. Not necessary in trespass for false impris- onment, that the judge should certify, where ver- dict is for less than forty shillings, in order to recover full costs.....
Where there are strong equities in case in favor of appellants will be divided between parties............ 369 COURTS. See Lunatic-Orphans' Court-Equity- Errors and Appeals.
No indictment or proceedings thereon can be re- moved from Quarter Sessions to Supreme Court, by either certiorari or writ of error, without a special allowance, either by Supreme Court or one of judges thereof...
The exercise of equity jurisdiction, and gianting preliminary injunction to restrain railroad com- pany from passing through burying ground for purpose of locating the route of its road and con- structing the same, does not oust the statutory jurisdiction of Common Pleas Court until final determination of equity proceedings, or dissolu- tion of the injunction from, entertaining an ap- plication of company for approval of a bond for compensation for right of way.
Powers of court to pass upon return of justice of the peace who held an inquest super visum corporis..... 39 Practice as to depositions in support of "rules to show cause" in Common Pleas..
Will not interfere in ecclesiastical controversies, unless some right of property are involved........... 158 Jurisdiction of Quarter Sessions, Lawrence county, to sentence prisoners to Allegheny County Work- house... When Court of Common Pleas of Allegheny county has right to inquire into jurisdiction of Quarter Sessions of Lawrence county.. Where defendant is in custody under sentence of court having jurisdiction of offense and of person and power to commit to work-house in certain cases, no court or judge of court of co-ordinate jurisdiction has power to interfere with execu- tion of said sentence.
Will take judicial notice of geography of country, ordinary speed of railway trains, and time within which mails may be transported between such cities as New York and Pittsburgh, and may cor- rect misstatements in reference thereto made by counsel to jury...
Have not jurisdiction to charge an executor or his representatives living in this State with assets of a North Carolina estate until an account has been settled in North Carolina showing a balance in his hands........
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 que trust... COVENANT AGAINST INCUMBRANCES. The taking of land by the Commonwealth for a public road, does not constitute breach of...... 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.. CRIMINAL LAW. See Corpus Delicti-Evidence- 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....
When offense is statutory and can be committed 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 offense....
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....
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......
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.......
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...
DEATH. Persons who undertake to act upon the presumption of, must bear consequences of failure of, as such presumption may be successfully re- butted by proof that person whose death it was thus sought to establish was in full life.. DEBTOR AND CREDITOR. See Title-Checks. H., as executor, had a claim against Z. Subse- quently H. individually became a voluntary creditor of Z., who became insolvent and assigned certain assets generally to H. Held, that the trust claim had a right of preference in respect of these assets.....
Creditor may lose all right of action against re- tiring partner for debts of firm, whom he has agreed to release, only when some advantage would be gained by him, or some prejudice suf- fered by retiring partner....
DECEDENTS' ESTATES. See Evidence.
An advancement is not an asset of decedent's estate, and widow has no interest in it..... Rights and liability of executors who file a joint account, showing balance held partially by each.. Where widow of decedent claims $300 exemption in money, when there is no money belonging to estate, declines to retain any of the personalty and refuses an appraisement of it, she cannot wait until personal property is sold and turned into cash and then apply for her $300 out of pro- ceeds....
When admission of debt will not bar the running of the Act of February 24, 1834. Testator bequeathed to three sons of J. $5,000, to be equally divided among them, and residue "should be equally divided among the following," and then named persons who stood in different de- grees of relationship to him, and added, "and the said three children of J." Held, that three chil- dren of J. took as individuals and not as a class, and that they were entitled to per capita distribu- tion of residue with other residuary legatees.... Where issue devisavit vel non has been directed by Orphans' Court, letters testamentary can only be revoked for cause shown after due notice and hearing as required by statute... Where a testator makes his widow the principal object of his bounty during her life, giving all his estate to be held and enjoyed as her own, and nominates and appoints those whom he wishes to act as his executors upon her decease, such parties cannot be compelled to take out letters testamentary until the decease of the widow.. Where payments are made by an accountant to preserve the capital as well as the income of an estate, each of these accounts should bear a pro- portionable share of such payments. Where real estate of solvent decedent is sold by order of court for payment of debts, interest on liens do not stop at date of confirmation of sale, but when money is paid to debtor.... If estate were insolvent, interest would cease at date of confirmation of sale.. Act of Assembly giving widow preferred right to administer on estate of her deceased husband, has not made an imperfect or defective education legal disqualification.... Knowledge of the value of property, and the practi- cal business transactions of life, are sufficient to satisfy the requirements of the statute..
Where tract conveyed by deed is described by ad- joinders, and also by courses and distances, which are not actually run, in case of discrepancy, description by adjoinders must prevail.. When, may be shown to be a mortgage.. Although whole of, may not be written in same hand, in absence of erasure or interlineation, pre- sumption is it was all written before sealing... Granted, bargained and sold to N., his heirs and assigns, the right to prospect, bore, drill, dig, etc., for oil, did not vest any estate either in lands or minerals, and gave no property to the oil in situ.... 246 Prior to Act of 1881 grantor might prove by parol that his deed, which purports to be convey- ance, is in reality only security for debt or lia- bility..
When party sets up title against deed absolute in its terms, and seeks to convert it into mortgage, proof of alleged agreement necessary to change its character must be clear, explicit and une- quivocal....
DEFENSES. Former Jeopardy.
DECEIT. To support action of deceit for false and fraudulent representations by vendor, necessary to show that representations were untrue, were known by defendant to be untrue, were calcu- lated to induce plaintiff to act, and that he be- lieving it, was induced to act accordingly. Rep- resentations must be both false and fraudulent.... 399 DEED. See Husband and Wife.
A contract was expressly stated to be for sale and purchase of land, and for price agreed upon, pur- chase money to be paid after the death of vendor, title to be made by his executors or administra- tors, in meantime vendee to occupy land under stipulated rent. Held, a contract inter partes, and not testamentary disposition of property. When held to be a mortgage.
In devise of real estate "children" is always treated as a word of purchase and not of limitation unless a contrary intent can be gathered from the will itself... DISTRIBUTION. See Decedents' Estates-Devise -Legacy.
Of lunatics' estate-in whom vested.. Although mortgagee may be within equity of rule that where several pieces of real estate, subject to common incumbrance, are successively aliened, properties so disposed of are liable for amount of incumbrance in inverse order of alienation, yet where mortgaged property is sold in bankruptcy discharged of incumbrances, said rule cannot be invoked where effect would be to deprive para- mount lien creditor of proceeds of sale..
Fraud arising from sale of land charged with result- ing trust in favor of wife of defendant, awarded to the former, and not to judgment creditors of latter....
Rules as to crop of wheat growing at time labor was performed; as to proceeds of grass crop grown after claim for wages had accrued... Proceeds of old iron which formed part of ma- chinery of mill destroyed by fire should be dis- tributed to real estate...
Application to force payment of arrearages of.......... 430 DURESS. Where a party seeks to be relieved on
the ground of duress per minas regard will be had to age, sex and condition of life, and if the threats employed were such as to deprive one individu- ally of his freedom of will, he will be relieved from liability, even though not such as would pro- duce a like effect on a firm and courageous man... EASEMENT. The owner of land underlaid with coal, whose conveyance reserves all the coal, with right of ingress, egress and regress for digging, mining, carrying away, etc., has a right to abso- lute surface support, and it is of no consequence with what degree of skill and prudence the mine owner conducts operations..... EJECTMENT. See Equity.
Action of, cannot be maintained by vendee of part- ner's interest in firm where real estate in ques- tion is part of firm assets.... Owner of land upon which track has been laid by railroad company without making or tendering compensation may recover in action of...
A., plaintiff in judgment, purchased B.'s property at sheriff's sale, on agreement that he should hold it for a year and sell it at private sale, paying to B. residue after A.'s debt was paid. B. brought eject- ment against A. for land. Held, that as B. had not paid or tendered the amount of the judgment and interest he could not bring his action, and that A. would not be compelled to hold property subject to B.'s right in it for an unreasonable time, 448 EMINENT DOMAIN. See Equity. EQUITY. See Burial Grounds-Courts.
Courts of equity have power, at instance of next of kin, to prevent disturbance or removal of remains of dead interred in grounds dedicated for burial purposes, unless right or duty of removal is mani- fested by appropriate legislation or authority... When national bank not entitled to equitable relief, as against taxes levied by city ordinance... A. filed bill against railroad company to enjoin from entering upon and occupying his land with sid- ings, averring that entry and occupancy were only for purpose of securing greater facilities for carrying on of their private business of mining, transporting and selling coal. Evidence disclosed fact that said entry would in addition straighten company's track and facilitate its general freight business. Held, that preliminary injunction was properly dissolved...
When equity will not enforce specifically agree- ment for personal services..
Will specifically enforce agreement of feme sole trader for sale of her real estate without acknowl- edgment thereof or joinder of husband thereon, and although living with him at time of making agreement.
EQUITY-Continued. Plaintiff's bill, after reference to an examiner and master, was dismissed by court for want of juris- diction, and costs of references to examiner and master imposed on defendants. Held, that de- fendants were not bound to raise question of juris- diction by demurrer; that having presented this defense, inter alia, in their answer, and insisted on it before master, were not guilty of such remissness as should subject them to costs of references......... 370 ERRORS AND APPEALS. See Courts.
It is error for court to charge jury to find a verdict of guilty, even in case where question of guilt or innocence depends wholly upon question of law, It is error to rule as a question of law that a child nearly eight years of age cannot be guilty of con- tributory negligence. Such cases should be re- ferred to the jury..
No appeal in general lies to an order of the Court of Common Pleas confirming or setting aside a sheriff's sale. It must present a case of manifest abuse of discretion to justify the Supreme Court in interposing...
When judgment will not be reversed for error in rejecting deposition.....
The Supreme Court will not reverse for error which has not prejudiced the party complaining thereof, 89 Order of court approving bond of railroad company filed to secure to a person whose property is about to be entered upon and occupied by the company, whatever damages may be assessed to him, is inter- locutory merely, and is not the subject ofan appeal. 96 When amendment in the criminal trial court, will prevent a review of the case..
Appeal to Supreme Court will not lie in actions at law under Act of April 29, 1874.. Where case stated does not find facts but the evi- dence, a venire facias de novo will be awarded...... Where jury are instructed to return verdict for amount plaintiff's claim, if they believe that facts presented in one of his points are true, and do find in his favor, the verdict necessarily implies a veri- fication of the several matters stated in point, and will be so regarded by this court..... Appeal does not lie from proceedings in Quarter Sessions to incorporate town or village.... It is no part of duty of Supreme Court to weigh evi- dence of a case, even where human life is at stake, further than to say, when called upon to do so in an orderly manner, whether there is sufficient evi- dence to submit to jury upon a particular ques- tion of fact...
Trial courts may, in their discretion in proper case, recommend special verdict, but it is discretion which this court will not review and reverse for their refusing to exercise it...
Cross-bill is usually brought to obtain full relief to all parties touching subject-matter of original bill, 269 Not essential that it should relate simply to mat- ters existing at time of filing original bill... Ib Is proper means of introducing matters which are pleaded at law puis darrein continuance.... Is proper whenever defendant has equities arising out of subject-matter entitling him to affirmative relief, which he cannot obtain in original suit.. Ib When bill may be filed after decree.. 278
Diligence an essential condition of equitable relief, and even in case of expressed trust, when trustee denies right of a cestui que trust, and his relation to latter, in respect to trust property, becomes ad- verse, from that time right of cestui que trust to equitable relief is subject to the law of laches........ 291 Party justly entitled to subrogation and contribu- tion, who does not apply for benefit of the Act of 1856 and whose land or land security is sold and taken from him and proceeds applied to advantage of another, whose rights and equities are inferior to his, may still, after such sale or taking away, receive subrogation and enforce contribution bill
in.. Courts of, have power to restrain construction of projecting windows from an upper story which encroach beyond building line..... Where judgment is obtained in action of ejectment for land taken by railroad company without making or securing compensation to owner, com- pany may save its improvements by having dam- ages assessed as provided by law and court may by injunction restrain execution until this can be accomplished....
Findings of fact by referee under Act of May 14, 1874, are conclusive, and cannot be reviewed by the Supreme Court upon writ of error.. ESTOPPEL. Fire insurance company not estopped from setting up misrepresentations in applica tion as a defense to an action upon the policy; and plaintiff in such action estopped from re- covery by his breach of warranty. 78
A widow who has the same interest by will in es- tate of her deceased husband as if he had died intestate, will be estopped from enforcing a division of lands by partition, where she had pre- viously, by her presence and actions at a public sale of the real estate of the decedent, encouraged purchasers to invest therein; her dower therein having been properly secured to her....... The owner of land is not estopped from setting up his title against judgment creditors, though they had no actual or constructive notice of his title at time they gave credit or filed judgment against the occupant...
EVIDENCE. Construction of the Acts of April 3, 1872, and March 31, 1860, with regard to the compe- tency, as a witness, of defendant charged with seduction under promise of marriage.... What is sufficient circumstantial evidence from which a jury may infer a promise of marriage.. What was held to constitute sufficient "cohabita- tion" under Act of May 14, 1857, to legitimate a bastard, whose parents subsequently married.. An administrator is competent to prove widow's notice of her exemption claim, where his only in- terest in the estate is compensation for services rendered.........
Incompetency of widow and children to prove ante- nuptial contract of the former with decedent. Admission of declarations against interest; and quantity of proof requisite to support ante-nuptial contract..... Deposition of interested witness taken in proceed- ing when both parties thereto are alive is admis- sible after death of one of them, in another pro- ceeding touching the same subject-matter be- tween survivor and representative of the deceased party...
If, however, deposition be insufficient to prove fact for which it is offered, the judgment will not be reversed, although there may have been error in rejecting it on ground of competency. Where there is some evidence as to delivery of a deed, question whether it has been delivered or not is for the jury..
What is sufficient evidence to go to a jury of the payment of assessments on a policy of life insur- ance under peculiar circumstances, discussed and decided......
What words or actions of agent may be given in, to affect principal....
examination grew naturally out of the examina- tion in chief as to character, and could not have been excluded except as mere hearsay, and that as it had gone to jury, it was competent for the pris- oner to brush away such a cloud on his character, Ib Competent to show discovery of personal property on line of flight of person accused of murder com- mitted in perpetration of robbery, where such property was connected directly with deceased, though part of property may have been stolen at earlier date..
What sufficient to constitute defense to bond given to sheriff....
Error to admit as entirety account in which charges are made against two parties where there are items which are not claimed as against both of them..
Proviso in first section of Act of April 15, 1869 [evi- dence], excluding from its application "actions by and against executors, administrators or guar- dians," applies to entire act..
It is error, in a criminal case, to charge, that to establish insanity it must be clearly proved by satisfactory and clearly preponderating evidence, 102 An attempt at suicide of itself is not evidence of in- sanity, and raises no legal presumption thereof; but it may be considered by jury with all other facts and circumstances bearing on question of insanity.
That defendant in criminal, had previously in- tended to commit the same act sportively, not admissible...
A qualified receipt signed by an agent is admissible in evidence without preliminary proof of agent's express authority to execute such receipt..... Where a person is himself competent as a witness, and does actually testify as to a certain transac- tion, contemporaneous book entries made by him in relation to said transaction are not admissible, because they do not constitute the best evidence... Ib When papers purporting to be bills of sale of mer- chandise, not admissible to prove sale.... Neither mere preponderance of evidence, nor any weight of preponderating evidence, unless it gen- erate full belief of a fact to exclusion of all reason- able doubt, is sufficient to overcome presumption of innocence in a criminal case. The guilt of ac- cused must be fully proved....... Evidence of general threats by prisoner to kill somebody is admissible in a homicide case to show malice, but threats made against a partic- ular person are not admissible where the defend- ant has killed another person with whom he had no quarrel at the time of making the threats and against whom he had made no threats..... As a general rule evidence of quarrelsome disposi- tion of deceased is inadmissible, where it appears that prisoner and he were on terms of intimacy, that killing took place in a sudden scuffle, in which the prisoner was assaulted, if not actually struck by deceased, it is admissible as evidence that prisoner may have considered himself as in some danger, and had resort to the weapon not to kill but disable his assailant.. Offer to prove that prisoner and deceased were in habit of using vulgar language in addressing each other was properly excluded, it appearing that before fatal affray deceased had been so addressed and had not resented it.........
A witness called on behalf of prisoner to testify to good character was asked, on cross-examination, if the prisoner had ever been committed to Re- form School, and, without objection, answered that he had. An offer to show that he had been abandoned by his father, and that his mother had had him committed to the school for the purpose of securing his maintenance and education, she being unable to support him, was then made and excluded, on the ground that question put to wit- ness on cross-examination had not been objected to. Held, to have been error; that the cross-
In action of ejectment where defendant claimed title under statute of limitations, evidence not necessary to show his adverse exclusive posses- sion.
How real estate of corporations to be proceeded against...
Defendant in boarding house attachment entitled to benefit of exemption law. EXECUTORS AND ADMINISTRATORS. Rights and liabilities of executors who file a joint account, showing balance partially held by each.. 43 Competency of, to prove widow's exemption claim. 77 Confirmation of account of, imperative as against the interest of minors who have no guardian....... A sheriff's sale of lot worth $600, on mortgage held by an executor for the estate, executor allowed property to be sold for fifty dollars. Held, that executor was to be surcharged with value of lot... 97 Ground of every application to compel executors to give security is apprehended loss, and that ground must be laid by proper evidence.. Will not be allowed costs and expenses of sustain- Ing unsuccessful claim against the State.... Sued in a representative capacity against whom judgment has been rendered by a justice of peace on claim for manual labor has right to appeal without taking oath required by Act April 20, 1876, 352
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