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..

233

180

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

the check.

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..

414

Ib

105

Ib

109

Ib

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

necessary.

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....

....

Ib

49

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......

391

Ib

Liability of husband who executes bond accompa-
nying wife's mortgage to building and loan asso-
ciation...

92

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

416

433

Contract in writing, duly signed, need not be in
one paper......
Ib

Ib

233

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.

Ib

447

9

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.

361

Ib

136

161

180

205

Article XVI, Section 1..

265

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....

216

Ib

CORPORATIONS.-Continued.

265

286

Ib

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.....

387

455

467

185

361

26

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.

13

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..

59

248

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........

Ib

251

255

198

139

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...

Ib

25

41

Ib

50

329

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..

Ib

491

143

263

391

139

356

481

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.

412

Ib

31

2

43

77

170

374

384

274

309

177

Ib

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....

490

Ib

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...

Ib

Ib

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.

68

190

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...

354

387

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.

21

74

96

152

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.....

28

30

50

60

83

38

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...

120

161

180

181

185

Ib

187

245

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

Ib

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...

315

481

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....

5

Ib

36

77

Ib

83

Ib

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 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..

223

259

280

306

Ib

89

Ib

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...

Ib

114

119

Ib

165

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.

416

428

167

How real estate of corporations to be proceeded
against...

Ib

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

285

313