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CARNAHAN, THEODORE H. Action of Al CONSTITUTIONAL LAW.--Continued.
legheny County Bar on death of.....

law, within the meaning of the Constitution......... 65
CASE STATED. Is a substitute for, and in the

What parts of a State shall, for local. purposes, be
nature of a special verdict, and must find facts

governed by a county, a town or city govern-
and not the evidence..

... 180 ment, and the character of the land included in
In a case stated, where parties neglect to ascertain

each, are matters of detail within the legislative
sum for which judgment is to be rendered in

discretion........

........................
event of an opinion favorable to plaintiff, it is

The constitutional provision--"No law shall be re-
duty of the court to refuse to proceed to argu-

vived, amended, or the provisions thereof ex-
ment until case is perfected, and if parties refuse

tended or conferred, by reference to its title only,
to amend, to set aside case stated..........

but so much thereof as is revived, amended, ex-

tended or conferred shall be re-enacted and pub-
CATHOLIC BISHOP AND PRIEST. Character

lished at length-is sufficiently complied with, if
of such relation and their respective duties......

158

a supplemental and amendatory act is set forth
Salary of latter, when not recoverable in civil

and published at length in its amended form........ 74
courts......

A license tax imposed by city ordinance upon a
CEMETERIES. See Burial Grounds.

national bank is unconstitutional; but the ordi.

nance not undertaking to make the tax a lien
CHECKS. See Banks and Banking.

and giving an action of debt only for its collec-
A holder has no action against the drawees,

tion, the bank is not entitled to equitable relief
though they have sufficient funds of drawer,

by injunction.

......................... Ib
unless they have expressly or impliedly accepted
the check ........

105 | CONTRACT. See Collaterals.
Semble, that holder of unaccepted, has right of

Misrepresentations leading to.....
action against drawees in certain cases where

Incompetency of widow and children to prove ante-
there is an implied promise on drawee's part to

nuptial contract of the former with decedent........
pay arising from usages of business or course of

An oral ante-nuptial agreement should not be
dealing between the parties............

found, save upon clear and convincing proof,
CHURCH CONGREGATION. In the absence of

Quantity of proof required.......

Liability of husband who executes bond accompa-
charter or constitutional regulation, a free and
independent congregation, organized under a gen-

nying wife's mortgage to building and loan asso-

ciation.................... ........................
eric term, need not adhere to any particular fac-

Between relatives for boarding or services.......
tion of the general belief, notwithstanding they

Where facts point directly to contract between kin-
may have previously followed such tenets............ 109

dred as to support fact of family relationship
Doubted whether the majority of such church
could attach the same to any other faction and

must be left out of question....................................... 320

Empty promise not sufficient to support a legal...... 391
require a two-third vote of their successors to

To purchase real estate, not in writing, may be sus-
detach the same.........

tained, notwithstanding statute of frauds, where
A meeting called for the purpose of considering

possession has been taken and valuable improve-
such constitutional amendment is null and void.. Ib

ments put up which cannot be compensated in
CITIES. Liability of, for defective construction or

money.....
failure to keep sewers in repair....

........... 433

Contract in writing, duly signed, need not be in
When notice to, of defective condition of sewers

one paper...............
necessary..........

Such must show sufliciently property sold and
COLDREN, WILLIAM H. Action of Allegheny

terms of sale, price and manner of payment.............. Ib
County Bar on death of.....

... 233

Where creditor in consideration of obtaining con-

fessed judgment from debtor agrees to pay claim
COLLATERALS. Distinction between a merely
collateral security and a security given as an

of another creditor the contract is such an one as

will support an action by latter against promisor, 415
inducement to an act which is performed is

Sufficient consideration for ante-nuptial............... 417
clearly recognized........

Which has for subject matter any interference with
Discounting of new notes on faith of certain other
notes, that were given with them as collateral be-

the creation of laws or their due enforcement con-
trary to public policy.......

464
fore maturity, was a new and valuable considera-

For contingent fee procure settlement of criminal
tion passing between the parties at the time, and
the principal notes not having been paid, the

charge of fornication with married women not
holder of them and the collaterals was entitled to

enforceable............
recover on the said collaterals.......

Ib CONVEYANCE. See Husband and Wife.
Rights of surety of bankrupt, as against the latter's

CORONER. Acts in judicial capacity in holding
assignee, to appropriate, to reimburse himself

inquest........
against loss occasioned by set-off...

..........
When not warranted in holding a.....

........ Ib
COLLIER, CHARLES W. Action of Allegheny

CORPORATIONS. See Foreign Corporation.
County Bar on death of............

The act of April 7, 1870 (executions against corpora.
COMMITTEE. See Lunatic-Investments.

tions, Purdon, 291), did not repeal provisions of
Liability of, for losses sustained through insol.

720 section of Act of 16th June, 1836; sole purpose
vency of savings bank in which lunatic's money

of Act of 1870 was to supersede remedy by
had been invested.....

sequestration under Act of 1836. The real estate
COMMON CARRIERS. Loss of goods by ............ 1

held in fee of private trading corporation is to be
COMPENSATION. To be recovered, not by an

proceeded against and sold in manner provided

in other cases, for sale of land upon execution...... 87
action formed upon a tort, but by a proceeding for

When act of a majority of a church to amend con-
the assessment of the damage done by the injury
sustained........

stitution is void-see church congregation ............

A, may be indicted for breach of duty imposed on it
The price of the privilege to inflict the injury, and

by law, though not for felony, or for public
not a penalty for an illegal act.....

wrongs involving personal violence, as riots or
CONSTITUTION OF PENNSYLVANIA,

assaults.........

136
Article I, Section 11..

When corporation which is liable to keep its high-
Article III, Section 3......

way in order is liable for injury resulting from
Article III, Section 6...

temporary obstruction by a builder........

........ 161
Article V, Section 27.

Board of directors of, have a right to institute suit
Article VI, Section 4....

205 and consent to discontinuance of, provided
Article XVI, Section 1..

265

record when made up does not prejudice unlaw.
Article XVI, Section 4.
286 fully the stockholders.....

216
Article XVI, Section 8....

233

If basis of discontinuance or settlement of case is
CONSTITUTION OF THE UNITED STATES.

an unlawful contract by which rights of corpora-

tors or stockholders are affected, they have rem-
Article V of Amendments...........

edy in equity against corporation........

...... Ib
Article XIV of Amendments........

Minority of board of directors or the stockholders
CONSTITUTIONAL LAW. See Municipal Corpo-

cannot control litigation of company in opposi.

tion to regular corporate action by the board of
rations.

directors...........
The necessities of government, nature of duties to

Act 19th June, 1871, only empowers courts to in-
be performed, and custom and usage, have estab-

quire into corporate powers conferred upon, and
lished a procedure in regard to levy and collec-

does not authorize inquiry in proceedings there-
tion of taxes which differs from proceedings in

under as to whether same have been forfeited by
courts of justice, but which is still due process of

any acts of company .......

261

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CORPORATIONS-Continued.

COURTS OF THE U. S. Circuit Court can en-
Charter of Boom Company, incorporated by Legis-

join an equitable use of a trust judgment in a
lature in 1867, but no organization effected until

State Court by executions and levies in violation
1882, avoided by Section 1 of Article 16, Constitu-

of the trust and in fraud of the rights of the cestui
tion of 1874....

.......................... 265

que trust.........
Railroad company is a private, within meaning

COVENANT AGAINST INCUMBRANCES.
4th Section, Article 16, Constitution.....
Under the provisions, same section, stockholder in

The taking of land by the Commonwealth for a
a corporation, created since adoption of new Con-

public road, does not constitute breach of............ 139

At the time of the conveyance of land, by deed of
stitution, may cumulate his votes on one or more

“grant, bargin and sale," a plan for a public road
of candidates voted for, and if he writes or prints
upon his ballot sufficient words and figures to

through the same had been absolutely confirmed,

and the road afterwards actually opened. Held,
impart to election officers his wishes in these re-
spects, “with certainty to a certain intent in gen-

the grantee could not recover damages for breach
eral," his votes should be counted as so cumulated Ib

of.. ........

....................................... 10
Discharge or performance of legitimate duties of CRIMINAL LAW. See Corpus Delicti-Evidence-
board of directors is a usurpation or user, but a

Municipal Corporations - Defenses - Errors and
mere claim of right to use them is not........
Where canal company is authorized by charter to

Appeals.
take and use land for purpose of a canal, it requires

Where an indictable act constitutes two offenses.
right of way for that purpose only, and when

one against the State and one against a municipal
canal is abandoned the use and occupation of the

government, the latter may be constitutionally
land revert to owner of fee; when canal company

authorized to punish it.....
become insolvent and all its property and fran-

In addition to punishment on indictment for keep-
chises were sold to railroad company by order of

ing a bawdy-house, the offense may be punished
court, said company could not construct its tracks

by summary conviction under a city ordinance
on right of way acquired by canal company with-

enacted by virtue of legislative authority “to sup-
out making compensation to owner of land.....

press and restrain houses of ill-fame.".....
Has power to mortgage its real estate without being

Indictment for false pretenses under Act March 31,
specially authorized so to do....

1860, Sec. 111, P. L., 410, will only lie where offense
Minutes of, not exclusive evidence of what took

charged is the assertion of an existing fact, not a
place at stockholders' meeting.......

promise to perform some act in future.......
CORPUS DELICTI. Is to be proved like any

Homicidal mania must be established affirmatively

by more than one act..........
other fact in a criminal case, beyond reasonable
doubt, and where Commonwealth has given suffi.

Where a passenger in a crowded car sportively
cient evidence to entitle case to go to jury, it is

and without intention to do harm, discharges a
competent to show confession made by prisoner

weapon, which injures an innocent person: Held,

the act being considered reckless and wanton, the
connecting him with the crime......

presumption of malice arises........

114
COUNTY. Liability of, for fees of coroners.............. 361 When offense is statutory and can be committed
COSTS. Not necessary in trespass for false impris-

only in certain municipal division, which is less
onment, that the judge should certify, where ver-

than county within jurisdiction of court, name or
dict is for less than forty shillings, in order to

description of such division and fact that offense
recover full costs.......

was committed therein, must be set forth in in-
Where there are strong equities in case in favor of

dictment..

.................................. 119
appellants will be divided between parties............ 369

An indictment must be sufficiently precise to pro-

tect defendant from second prosecution for same
COURTS. See Lunatic-Orphans' Court-Equity offense..........
Errors and Appeals.

If jury in a criminal case make a mistake the reme-
No indictment or proceedings thereon can be re-

dy is a motion for new trial in court below, and
moved from Quarter Sessions to Supreme Court,

if new trial is refused, where upon evidence it
by either certiorari or writ of error, without a

ought to have been granted, and judgment is
special allowance, either by Supreme Court or

affirmed on error upon law of case, only remedy
one of judges thereof.........

is an appeal to pardoning power......
........................... 13

Aggravated assault and battery is punishable by
The exercise of equity jurisdiction, and granting
preliminary injunction to restrain railroad com-

imprisonment in State Penitentiary, and prisoner

convicted thereof in Lawrence county cannot
pany from passing through burying ground for
purpose of locating the route of its road and con-

legally be sentenced to Allegheny County Work-

house.......................
structing the same, does not oust the statutory
jurisdiction of Common Pleas Court until final

....... 251
The contrary held..

Not error to instruct jury "if you find that the de-
determination of equity proceedings, or dissolu-
tion of the injunction from, entertaining an ap-

fendant intentionally fired a pistol ball into the
plication of company for approval of a bond for

body of the deceased, and thus inflicted a wound

which caused death, malice and a design to kill
compensation for right of way.......
Powers of court to pass upon return of justice of the

are to be presumed from such use of the weapon." 423

Sobriety and sanity must be regarded as normal
peace who held an inquest super visum corporis..... 39
Practice as to depositions in support of “rules to

condition of men, and when drunkenness or in-

sanity is set up as an excuse for crime or in miti-
show cause" in Common Pleas........

.............
Will not interfere in ecclesiastical controversies,

gation of it, proof necessary for its establishment

inust not only be deliberately scrutinized, but
unless some right of property are involved........... 158
Jurisdiction of Quarter Sessions, Lawrence county,

also fairly preponderate in favor of the proposed

hypothesis.........................................
to sentence prisoners to Allegheny County Work-
house......

248 DAMAGES. Although municipality is liable for in-
When Court of Common Pleas of Allegheny county

juries resulting to foot passenger upon its streets
has right to inquire into jurisdiction of Quarter

from accumulations of snow and ice at crossing,
Sessions of Lawrence county......

it is not liable where injuries are result of noth-
Where defendant is in custody under sentence of

ing more than ordinary slipperiness caused by
court having jurisdiction of offense and of person

recent snow and ice....
and power to commit to work-house in certain

Who entitled to recover, for a death occasioned by
cases, no court or judge of court of co-ordinate

negligence........,
jurisdiction has power to interfere with execu-

Measure of, for death of minor child...........
tion of said sentence...............

Where owner of land makes excavation thereon
Will take judicial notice of geography of country,

at such distance from highway that person would
ordinary speed of railway trains, and time within

knowingly trespass before any injury could pos-
which mails may be transported between such

sibly happen, owner cannot be made to respond
cities as New York and Pittsburgh, and may cor-

in damages in event of any one falling into exca-
rect misstatements in reference thereto made by

vation and being injured........
counsel to jury..............

.......... 2

Where company by its charter is bound to make
Have not jurisdiction to charge an executor or his

compensation for damages done in taking private
representatives living in this State with assets of

property, consequential or speculative damages
a North Carolina estate until an account has been

must not be rejected, and houses must be con-
settled in North Carolina showing a balance in

sidered in connection with realty.......

329
bis hands........

In action against city for, caused by defective
Power to restrain construction of windows project

sewer, not competetent for defendant's witness to
ing beyond the building line......

............. 327

testify what price he paid for his house in the
May recall jury to give any instruction inadver-

neighborhood.......
tently omitted.......

.......

.. 399 | In same case held, that plaintiff was entitled to

248

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DAMAGES-Continued.

recover for rents lost during the repairs of the
sewer.......

.......
Township held liable for, resulting from leaving

a dangerous road open in unprotected state, al-
though railroad company had appropriated old
road and could have been compelled to build

new one.........
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....... ....... 113
DEBTOR AND CREDITOR. See Title--Checks.
H., as executor, had a claim against 2. 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.......

............... 263
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 sul-

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...... ..... 31
Rights and liability of executors who file a joint

account, showing balance held partially by cach.. 13
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.......

170
Testator bequeathed to three sons of J. $3,000, 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......... 37
Where issue devisavit vel non has been directed by

Orphans' Court, Jetters testamentary can only be
revoked for cause shown after due notice and

hearing as required by statute........... ................... 381
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......... 274
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....

-177
If estate were insolvent, interest would cease at

date ot 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 ...........

................... 490
Knowledge of the value of property, and the practi-

cal business transactions of life, are sufficient to

satisfy the requirements of the statute......... .......
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 calcul-
lated to induce plaintiff to act, and that be 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..........

72
When evidence as to delivery of, should go to jury, 83
Construed (1) from words of grant; (2) from sur-

DEED-Continued.

rounding circumstances, in which may be con-
sidered position of parties, and subject of grant
at and subsequent to transaction.....

112
A reservation or restriction in a deed, it is to be con-
strued inost strongly against the grantor, and
when the grantor asserts a reservation, the onus

of showing it is upon him ..........
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.......

139
When, may be shown to be a mortgage.........

356
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............ 181
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 ho 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 .........................

......... 112
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.........
It is not good defense to a tax sale bond that timber

upon the land was cut by owner before purchaser
at tax sale had executed surplus bond...... ........
In an action for malicious prosecution defendant

cannot be permitted to prove that he acted under
advice of a magistrate......
Effect of misrepresentations in applications for pol-

icies of fire insurance...
DEPOSIT. See Investments.
DEVISE. See Will.
Where share in real estate devised to defendant in
an execution was expressly subjected by will to
the payment of testator's capital in firm, admin-
istrator cum testamento inneco is entitled to fund
arising from Darshal's sale of such share.................. 19
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........

............. 316
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.......
When auditor appointed to distribute proceeds of

sheriff's sale of partnership property has right to

inquire into validity of judgment........
Money received from insurance of woolen mill
must be distributed pro rata among all creditors,
and wages of operators in mill are not entitled to

preference.........
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.......
Specialty creditors may claim payment out of any
part of debtor's estate......

.................. 393
Where decedent appropriated portion of trust

moneys to his own use, it not appearing whose
money he thus appropriated, distribution should
be made to trust creditors pro rata.....

........ 410
Report of auditor contirmed by court will not be set

aside except for palpable error.....
Ilow, made of funds of insolvent building and loan

association making voluntary assignment..
Of proceeds of sheriff's sale of real estate of insol-

vent corporation held in fee............
Claim for wages under Act of April 9, 1872................. 471
DONOR. Has right to impose such conditions as

he may see proper in deed giving right to pros-
pect, bore, etc., for oil, and vendee of donee as
bound thereby ......

.... 309

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...... 273

... 387

185

DOWER. Sale of land in bankruptcy does not
divest...

369
Application to force payment of arrearages of....
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... 68
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........

190
EJECTMENT. See Equity.
Rights of parties who rely on equitable title in

action of..........
Action of, cannot be maintained by vendee of part-

per's interest in firm where real estate in ques-
tion is part of firm assets.......

............... 351
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, 41
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....... 21
When national bank not entitled to equitable relief,

as against taxes levied by city ordinance........
A. filed bill against railroad company to enjoin trom
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
coinpany'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........

... 152
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..............

215
Cross-bill is usually brought to obtain tull relief to

all parties touching subject-matter of original bill, 26!
Not essential that it should relate simply to mat-

ters existing at time of filing original bill............
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......
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........
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 entorce contribution bill
in.

.. 317
Courts of, have power to restrain construction of

projecting windows from an upper story which
encroach beyond building line........

....................... 327
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.......

. 387

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, 28
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, 8
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.........

........ 120
Appeal to Supreme Court will not lie in actions at

law under Act of April 29, 1871....... .......................... 161
Where case stated does not find facts but the evi-

dence, a venire facias de nouo 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.........

181
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..........

Ib
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......
Appeal does not lie from decree appointing receiver

and granting preliminary injunction....
When error is alleged to rejection, of records or in-

struments of writing copy thereof, should be fur-
nished in order to enable Supreme Court to de-

termine as to its relevancy and sufficiency............ 312
Appeal does not lie from order of Orphans' Court
directing an issue devisavit vel non.......

......... 384
What constitutes error in instruction to jury in
action for malicious prosecution where material

facts are disputed...
Where court is made absolute rule to strike off
ment, proper mode of removing case to Supreme

Court is by writ of error and not by appeal............ 152
The manner of a judge in delivering a charge, even
if reprehensible and deserving of condemnation,
cannot be reached for correction in the court of
review by the ordinary method of assignments of
error......

......... 209
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........

478
ESTOPPEL. Fire insurance company not estopped

from setting up misrepresentations in applic
tion as a defense to an action upon the policy;
and plaintiff in such action estopped from re-

covery by his breach of warranty.......
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........................ 315
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.

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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....... Ib
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.......

Ib
Where there is some evidence as to delivery of a

deed, question whether it has been delivered or
vot is for the jury ......

Ib
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......

......... 89
What words or actions of agent may be given in, to
affect principal.........

Ib
It is error, in a criminal case, to charge, that to
establish ipsanity it must be clearly proved by

satisfactory and clearly preponderating evidence,
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....

Ib
That defendant in criminal, had previously in-
tended to commit the same act sportively, not
admissible......

....... 114
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...)
When papers purporting to be bills of sale of mer-

chandise, not admissible to prove sale......... ........... Ib
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...................... 107
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 a ffray 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-

EVIDENCE-Continued.

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 suflicient to constitute defense to bond given
to sheriff....

259
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 ............

280
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......

306
Party to record cannot call an adverse party and
examine him as it under cross-examination
where action is against an executor, administra-

tor or guardian.......
Offer of, should aver with reasonable distinctness

and safety, facts ought to be proved...... ......... 312
Is sometimes admissible to show that persons sub-

ject to duess had heard that persons using threats
was of violent disposition........
Parties desiring opinion of opponents' witness as
an expert must call him as such, and not inter-

ject defense by means of cross-examination........... 318
What admissible for damages for unskillful treat-

ment by surgeon.......
Parol as to deed being a mortgage........
What not sufficient to warrant finding that there

was implied reservation of right of way................. 358
When writing not direct in issue may be proved by

competent testimony without calling witnesses... 364
Suiticiency of, of sale to take case out of statute of
frauds........

........ 416
In action of ejectment where defendant claimed

title under statute of limitations, evidence not
necessary to show his adverse exclusive posses-

sion........
Proper to show by evidence consideration for deed

of release, none being mentioned in the deed........
Parol may be admitted to supply matters omitted

from minutes of stockholders' meeting.................. 467
On declaration of party in possession of land, when

admissible in his own behalf and to what extent.. 481
What lumping charge, not admissible......
EXEMPTION. See Execution.
Detendant in attachment of wages for boarding

may claim........
Non-resident debtors not entitled to benefit of act... 3
Must be claimed by party making assignment for

benefit of creditors within reasonable time............. 419
EXECUTION. Defendant cannot waive benefit of

exemption law, if result be to give junior execu-
tion creditor preference over prior levy on same
property................

... 53
When to issue against married woman's separate
estate for necessaries..........

........... 58
The 72d Section of the Act of 16th June, 1836, not

repealed by the Act of 7th April, 1870, (executions
against corporations).........

........ 87
llow real estate of corporations to be proceeded

against.........................
in assignor for benefit of creditors, who reserves in
the deed his exemption, may present to his wife
the property so appraised, and such will not be a
fraud upon his creditors.......

.................... 11
Detendant 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 tach.. 43
Competency of, to prove widow's exemption claim,
Contirmation 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 esitlunce.....

285)
Will not be allowed costs and expenses of sustain-

ing insuccessful claim against the State....... .. 313
Sued in a representative capacity against whom

judgnient 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

............. 492

........... 203

..........

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