1871, P. L. 265.. Practice 255 473 1874, April 20... Elections 417, 445 222 489 150, 540 ..... .40, 46, 269 617 343 .457, 757 384 175 840 540 690 697 150 Domain 150 Inheritance 583 Constitution of Pennsylvania, Art. IX., 1887, May 13. Liquor License 289 Sec. 15 417 1887, May 18. Evidence 781 1887, May 25. Practice 327 XVII., Sec. 9. 799 445 Constitution of Pennsylvania, Schedule 2 356, 553 1887, June 14... Hospitals 213 540 1889, May 4.... Sewers 343 1889, May 9..... Streets 19 1889, May 14....Railways 348 Page. 1889, May 20. .Banks 269 1889, May 22. ...Criminal Law 12 648 1889, May 23.... Municipalities 599 26 1777, March 14.. Bonds 1793, March 6...Islands 1802, Feb. 12....Counties 1806, March 21..Judicial Sale 1810, March 20.. Certiorari 1811, March 30..State Funds 1829, April 23. 1830, April 6.. 127, 188, 193 1889, June 1. Taxation 445 26 1891, May 29 Insurance 8 647 1891, May 16.. Streets .22, 493, 654 92 1893, May 18.. . Banks 679 26 1893, May 31. English Language 230 266 1893, March 31.. Congress 473 553 1893, June 20... Divorce 501 267, 489 214 1895, May 22. Statute of Limitations 369 Party Walls 309 1895, June 8. Viewers 126 427 201 398 1895, June 27. Counties 553 567 1895, June 28... Public Libraries 612 1834, April 14... Bonds 1836, June 13... Practice 1836, June 13... Foreign 398 1896, April 1.. Congress 473 1897, March 30. Public Schools 612 640 75 1897, May 31.... Streets 85 1836, June 16... Roads 1836, June 14.... Quo Warranto Attachment.. 538 406 1897, June 15... Taxation 365 646 1836, June 16... Arbitration 139 1899, April 28... Townships .113, 445 212 1836, June 16.... Practice 1899, May 2..... Mercantile Appraiser.. 327 1836, June 16... Mechanics' Liens 60, 416 796 1839, June 27....Banks 540 679 1840, June 13... Elections 1899, May 9. Adoption 739 356 1840, June 30... Townships 1901, April 19.. Replevin 697 356 1845, April 15... Attachment 1840, October 13. Account Render 1901, May 8.. Corporations 540, 553 593 1901, May 8. Counties 553 2.28 1846, April 21... Townships 1901, May 11. Public Schools 612 349 1847, March 5... Escheat 253 1901, May 16....Negotiable Instruments ...198, 224, 358, 375, 674 1849, April 10... State Funds 8 1849, April 10... Sales 1901, June 4.... Mechanics' Liens 76 1850, April 16... Banks 269 1851, April 3.... Boroughs ....81, 300, 646, 796, 807 427 1854, May 8. Divorce .237, 267, 239 724 1858, March 10.. Sales 76 1859, April 14... Divorce 549 1860, P. L. 64... Religious Society 545 1860, March 31..Criminal Law.222, 633, 640 1901, June 19... Weak Minded 1903, March 19. .Replevin 42 141 652 697, 747 1903, March 26.. Taxes 239 553 1903, April 2... 1864, May 5.. . Public Schools 612 1864, June 1.... Taxes 1864, June 3..... 1864, March 17.. Trusts 40 Congress 40 200 129 445 1903 April 2.. 1903, April 28... Mortgages 1905, Feb. 23....Liens 40 1905, April 14... Replevin Viewers 489, 493, 636 Libraries 612 457 113 1905, March 21..Streets 647 1905, March 29..Roads 652 697 1909, May 10. 1910, April 5. 1911, April 21. 1911, May 5 1911, May 5. 1911, May 11. 1911, May 12. 1911, May 18. ..Public Schools .40, 100, or administrator is only an account of the deceased accountant, and not an account of the original decedent's estate 753 1913, July 24....Registrars 260 580 1913, July 25.... Labor 1913, July 25.... Physicians 789 839 1913, July 25....Labor 1913, July 26.... Public Service 1915, March 15.. Divorce 29 799 321 ACCORD AND SATISFACTION. ac A statement with a remittance "Enclosed please find our check for $125.32 in settlement of your count, with the exception of Church," is not such a declaration as to make it an accord and satisfaction, and plaintiff can recover a balance claimed due on an account 379 ACCOUNT RENDER. There is clearly a distinction between an action for an account render and an action of assumpsit to recover a rendered balance upon an or to be rendered. Sections 11, 19, 3 and 4 of the Practice Act of 1915 construed the account 255 503 Where a bill for an accounting will 66 144 Exceptions to an executor's account will be dismissed where the accountant had managed decedent's estate for 32 years, collected the rents and kept the property in repair, and there is neither allegations nor proof of an intention to commit a fraud, and an be apparent shortage can explained on the ground that no receipts were taken for expenditures for repairs and other necessary expenses, and the commission charged is not unreasonable when the period of time over which the account runs and the amount of work involved is considered, as it is a question of compensation rather than percentage that governs. The sustaining of exceptions filed by remaindermen to a trustee's account of a trustee estate does not interfere with the distribution of the income, where no exceptions are filed by persons entitled to that part of the trust estate. An account filed by the personal repexecutor resentative of a deceased 3 441 479 Subject. ACCUMULATIONS. Page. Subject. An attorney cannot recover a balance of a claim from the estate of decedent where he presented a claim for professional service at the audit of the account of the administrator d. b. n., it appearing that the services had been rendered to the administrator and that the account of the administrator containing the claim had been confirmed absolutely, although at the subsequent audit testimony was submitted that the claim had been paid only in part. Claimant's only recourse was to look to the administrator....... 608 ADOPTION. An adopted child takes the same rights under the intestate laws as a child born in wedlock, 80 that if the adopting parent dies, the adopted child sueceeds to the same rights that the adopting parent would have had, had he lived.. ADVANCEMENTS. See also Descent and Distribution. Where it does not appear that there was a clear intent on the part of decedent to make sums advanced to her children in different amounts that these sums were to be gifts, they will be considered as advancements and must be charged against the distributive shares of those who received them ADVERTISEMENT. See Real Estate; Divorce; Notice. AFFIDAVIT. See also Pleading and Practice. There is a good reason why a preliminary injunction cannot be granted, and that is the absence of any injunction affidavits... The notice of an intention to file a mechanics' lien, although verified by an affidavit, which does not have attached thereto or make any reference to, an itemized list of the materials furnished or the labor done, does not comply with statutory requirements and the lien will be stricken off, nor is the leaving the notice with "an adult member of her family" good service within the meaning of the mechanics' lien act AFFIDAVIT OF DEFENSE. See also Judgment; Pleading and Practice; Bills and Notes; Landlord and Tenant. A Railroad Company sued defendant to recover the difference between the freight and demurrage charges on several car loads of brick and the amount received at a public sale of the brick at the instance of the railroad. In his answer after admitting the facts averred by plaintiff defendant denied lability on the ground that soon after the arrival of the brick he had notified 739 118 32 111 Page. the railroad's representative to sli the brick as he had no means for storing or caring for them and alleged that had this been done more than enough to meet all charges would have been realized at the sale. On a rule for want of a sufficient affidavit of defense. Held: That defendant failed to name or identify the representative of the company in such a way as to fix ¡lability upon the company and the affidavit was further insuficient in that it was the duty of the defendant to have attended to the sale of these brick rather than the railroad, and he could not by notice put an obligation upon the railroad which the law did not impose. Rule absolute An affidavit of defense that sets up that enough money was realized at the sheriff's sale to have paid the claim had the borough put in its claim, is insufficient when the affidavit does not set out the exact amount available in the sheriff's hands for the satisfaction of the claim An affidavit of defense is sufficient which alleges generally that the vice president had no authority to enter into the contract sued upon whereby the defendant corporation would be bound. A vice president ordinarily only acts in an execu 45 95 122 tive capacity in the absence or incapacity of the president... On a rule for judgment for a part of plaintiff's claim it appeared that the original contract was made in 1899. In March, 1912, plaintiff sent defendant a statement of the account, together with a letter asking defendant to state how he wished to treat this account. The defendant answered by paying $1,000 to apply to the principal, and asking that previous judgments be credited to principal and not to the interest. In answer to the rule defendant averred that while the sum was owing to plaintiff, it was not due "for the reason that a short time prior to the year 1912, plaintiff agreed with defendant that the balance owing to plaintiff from defendant could be paid by defendant to plaintiff whenever defendant felt that he was able to do so. That there was no specific time agreed upon for the payment of the balance owing and that defendant was to have the right to repay same at his convenience," and averred his inability to pay at the present time. Held: Affidavit of defense was insufficient. That as a rule what is a reasonable time is a question for the jury, but this agreement to pay without more is an agreement to pay on demand, and further, there was no consideration in the alleged agreement of 1912, and this action was not based upon that promise to pay but upon the previous duty to pay.......... ..... 124 Where a bank has discounted a note endorsed by the payee thereof and another person. and afterwards without the knowledge of the payeo accepts renewals. of the noto endorsed by the payee alone, an affi davit of defense is insufficient to prevent judgment in an action against the payee as endorser which merely alleges that the original endorsement by the two endorsers was a joint undertaking, and was 198 known by the bank to have been such, but does not allege that the officers of the bank knew the omission of the second endorsement was without the knowledge and consent of the payee, and does not allege that the officers of the bank were not acting in good faith when they accepted said renewals.. An answer to a rule for judgment on a claim for a part of the contract price for the erection of a party wall is insufficient where it is not denied that the defendant knew of the manner in which the wall was built, and did not object until two years after the work was done and until after payment was demanded. 309 An affidavit of defense is insufficient which does not aver specifically why a written contract for the sale of a piano should be rescinded, and the averments of fraud in procuring the signatures of defendants to the contract are 80 general that nothing approaching fraud can be inferred therefrom. A city rented a property, the lease Held: That the words "taxes" and A rule for judgment for want of a sufficient affidavit of defense will be refused in an action for damages for failure to comply with the conditions in a written contract to convey a specific amount of capital stock in a corporation, where it is alleged false representations were made as to the financial condition of the company, as before plantiff 392 422 will be entitled to recover he must show what loss or damage, if any, he has suffered by reason of any misrepresentations by defendants.. 539 An affidavit of defense that is not divided into paragraphs, as required by the Act of May 14, 1915. P. L. 483, will be stricken from the record in that it does not comply with the Practice Act A supplementary certificate that required by its terms the payment of a certain sum per year, each year. after the death of the assured, to keep it alive, means that the assured and not the beneficiary was 572 Page. 575 to make the payments, where one of the conditions was that the insured was to receive monthly benefits in case he became permanently disabled; and in a case where the insured died, and this annual payment called for by the supplementary certificate was not made, an affidavit which admits all the averments of plaintiff's statement, except that the policy was in force, is insufficient to prevent judgment in favor of the plaintiff. Where averments in an affidavit of defense raise a question of fact as to the place of delivery of scrap steel, and these shipments were to be made from a place in Canada to various destinations within the United States, such shipments having been prohibited by the Canadian government subsequent to the making of the contract, a rule for judgment for want of a sufficient affidavit of defense, will be discharged in an action to recover on the contract.. An affidavit of defense is insufficient in a suit on a promissory note when it is averred that plaintiff holds other collateral securities for the same debt more than sufficient to extinguish this debt, without averring that these securities had been realized and the debt extinguished 673 An affidavit of defense which does not deny specifically each allegation of fact is insufficient to prevent judgment under the provisions of the Practice Act of 1915........ In a suit to recover demurrage charges for cars of a common carrier detained, where the reasonableness of the charge is denied in the affldavit of defense, and no evidence was that submitted by defendant this was not a reasonable charge, there was no question to submit to the jury AGENTS AGENCY. See also Insurance; Corporations. repudiate the action of its active representative and officer and retain the benefit of his act The provisions of Act of June 7, 1915, P. L. 885, apply to insurance agents who are duly licensed and of good standing and are producers of life Insurance A brewing company cannot lawfully use its drivers or other. employes as solicitors or agents to visit the homes of prospective purchasers to for solicit orders beer with the understanding that the beer will be delivered at the place where the orders are given; and for a brewing company to have agents or solicitors located a way from places licensed or traveling from place to orders place taking for beer, 19 prima facie evidence that the com 639 695 704 749 460 726 |