COURTS-Continued. A teller of a national bank, incorporated under the Judges and Associate Judges of the Courts of Com- Quare, How far the provisions of the Act of May 19, Where a testatum writ of vend. ex. is issued to the The Court issuing the writ thus loses its control over What counties are entitled to be separate judicial The Court of Common Pleas sitting in equity, not Jurisdiction to compel opening of streets, whether The Court of Quarter Sessions has no jurisdiction to It is an essential element of the legal constitution Although a justice of the peace has no jurisdiction COVENANT. A covenant of forfeiture for non- Breach of covenant for quiet enjoyment. CRIMES, CRIMINAL LAW AND PRO- The making of fraudulent entries in the books of a An indictment for such an offence laid under the Merely delivering poison to a person, and soliciting An assault and battery upon a constable, who had In order to render one liable to indictment under § It is no defence to an indictment against one who is In order to warrant a conviction for perjury in The Acts of May 6, 1863, and April 10, 1872, pun- In a trial for rape, the physician who examined the Upon an indictment containing several assignments An indictment which charges a crime substantially CEDURE-Continued. CRIMES, CRIMINAL LAW AND PRO- DEBTOR AND CREDITOR-Continued. mon law so plainly that the nature of the offence may It is an essential element of the legal constitution of immaterial. The failure to summon and return the full number The Act of 1785, providing for the discharge of un- CUSTOM. See EVIDENCE. DAMAGES. The report of viewers appointed to A Court has power to set aside a report of viewers Measure of damages. In an action for injuries In an action against a carrier for refusing to deliver In case of an eviction of a purchaser or lessee of real The lessee cannot recover the value of improvements DEBTOR AND CREDITOR. The purchaser A voluntary conveyance to wife or children cannot It is not enough for subsequent creditors to show an Where a parent takes a conveyance of real estate Business dealings between parents and children and Creditors whose debts were contracted subsequently 363. Where an insolvent conveys his estate in fraud of An insolvent debtor may confess a judgment to his The provision in the constitution of the Stock Ex- The voluntary payment of a secured debt by one A corporation issuing a coupon bond is in the posi- The mere fact that a corporation has adopted an il- A judgment bond given "as collateral security for The Act of June 11, 1879, providing for the compul- If at the time of filing an affidavit upon which to DEBTOR AND CREDITOR-Continued. judgment, the proceedings will be quashed. (C. P.) Davis v. Mowbray, 47. Relations of Bank and Depositor. See BANKS AND BANKING. Dougherty v. Central Nat. Bank, 1. (C. P.) Shoemaker v. Kensington Nat. Bank, 420. DECEDENTS' ESTATES. Minor children only are entitled to the benefit of the Act of April 14, 1851, providing for an exemption of $300 in favor of the widow and children of the deceased. (0. C.) Steel's Estate, 274. A minor child of a widow is entitled to have $300 of the mother's estate set apart for his use, under the Act of April 14, 1851, as against a creditor of the estate. Himes' Appeal, 413. A widow's claim will not be allowed where she fails to demand an appraisement. And a decree improvidently granted without an appraisement will be vacated. (0. C.) Somers's Estate, 559. Land held in trust under an unrecorded declaration of trust is not subject to the lien of the debts of such trustee. Roberts's Appeal, 118. DECEDENTS' ESTATES-Continued. Rents accruing after a decedent's death are not assets for the payment of his debts, nor should they be included in an administration account. (O. C.) Burnell's Estate, 334. Nor are payments made by an executor for interest upon a mortgage, or taxes upon his testator's estate, proper items of credit, in an administration account. Ib. A trustee should file in the Orphans' Court a separate account of the income and principal of the trust estate. (0. C.) Rankin's Estate, 407. Interest upon claims against the estate of a decedent is allowed in the Orphans' Court only when the estate is solvent. (O. C.) Burnell's Estate, 334. What is sufficient proof of a claim due by the estate of a testator to his executor. (O. C.) Droste's Estate, 224. Under what circumstances a failure to present a claim at an audit will not debar claimant from presenting it after adjudication, and before final distribution. (O. C.) Callahan's Estate, 253. Duties of executors, where distribution is delayed by pending litigation; petition of executors for leave to sell securities and re-invest in legal investments, when refused. (O. C.) Whitaker's Estate, 420. Abatement of legacies. See LEGACIES. Appeal of Trustees of University, 520. Sale of real estate for payment of debts. An issue to settle questions of fact arising in the distribution of the proceeds of sale must be tried in the county having jurisdiction of the sale. Gordon's Appeal, 55. Although an executor is not the proper person to file the petition in proceedings to charge lands with a legacy, since the proceedings should be taken by the leg-estate equally with those of the whole blood under the Among cousins those of the half-blood take real atee himself, yet making the executor the petitioner intestate laws. (C. P.) Dorsey v. Van Horn, 95. (0. does not avoid the proceedings for want of jurisdiction, C.) Davis's Estate, 479. if the legatees are in point of fact parties. Littleton's Appeal, 188. Legacy, when chargeable on land. See (O. C.) Wolf's Estate, 260. Where legacies are charged upon land, the legatee is entitled to partition in order to apply for the sale of real estate. Where the petition does not in terms apply for partition, and the lands cannot be sold for the payment of legacies without it, the Court will afford the proper relief. (O. C.) Cassady's Estate, 275. Under what circumstances the Orphans' Court will compel executors to exercise a testamentary power. (0. C.) Fraley's Estate, 127. An executor of a mortgagee has full power and authority to satisfy a mortgage held by his testator, who cannot, by his will, place restrictions upon this power of the executor which will embarrass the mortgagee in freeing his property from the lien of the mortgage upon payment of the debt. (O. C.) Becher's Estate, 128. Under what circumstances an executor allowed ex penses of employing counsel in an issue devisavit vel non. (0. C.) Rankin's Estate, 407. What is a reasonable counsel fee for services rendered to executors as such. Ib. DEEDS. A receipt signed by one who has taken the title of real estate in his own name, setting forth that one-fourth of the purchase-money has been furnished by another, and duly witnessed, is a sufficient declaration of trust, and may be recorded as such. Roberts's Appeal, 118. The acknowledgment of a deed by a feme covert is not sufficient, unless it be expressed in the certificate of the magistrate who took the acknowledgment, that the contents of the deed were made known to her. Enterprise Trans. Company's Appeal, 225. A grant of an ore-bank, reserving to the grantor the right to enter and take away "a sufficient quantity of iron ore for the supply of any one furnace at the elecPower of administrator over corporation stock stand-tion of the grantor, his heirs and assigns, at all times ing in the name of his intestate. Pike County v. Row-hereafter," entitles the grantor to use or sell as much land, 241. ore as would supply any one furnace constructed with all the modern improvements in general use. Alden's Appeal, 442. Under what circumstances an executor is justified in paying U. S. income tax. Littleton's Appeal, 188. Right of bank to set off a note held by them against the account of a depositor dying insolvent. See BANKS AND BANKING. (C. P.) Shoemaker v. Bank, 420. What not sufficient evidence of contract to bind estate of decedent. Appeal of Trustees of University, 520. The mere issuing of process against a defendant and its return tarde venit, or nihil habet, does not constitute an "action depending" within the meaning of the Act of Feb. 24, 1834, providing for a writ of scire facias to bring in the personal representatives of a deceased party to an action. Machette v. Cuyler, 471. In an action against an executor for a debt of his testator, a plea of plene administravit is bad, and will be stricken off upon motion. (C. P.) O'Conner v. Weeks, 461. But in determining the quantity, allowance must be made for the time when a furnace would be out of blast for repairs. Ib. The grantor could not in a subsequent year make up a deficiency in the quantity which he might have mined in the previous years. Ib. Voluntary settlement, when not fraudulent as to creditors. See DEBTOR AND CREDITOR. Harlan v. Maglaughlan, 353. Kimble v. Smith, 357. Reehling v. Byers, 359. (0. C.) Connell's Appeal, 406. DEPOSITIONS, formal requisites of. See PRACTICE. Winton v. Little, 37. DESCENT. See INTESTATE LAW. DISCOVERY. See EQUITY. (C. P.) Portuondo v. Faunce, 539. DIVORCE. See HUSBAND AND WIFE. DOMICILE. There is an important difference be- | ELECTIONS—Continued. tween change of residence and change of domicile. his favor the commission takes effect. No second comTaney's Appeal, 564. mission is necessary. Luzerne v. Trimmer, 376. Pending a contested election of a county officer and until its final determination on the merits, the fees belong to the last incumbent. Ib. Where the parents of a minor were killed while emigrating with him from Pennsylvania to Kansas, in Michigan, where the minor remained with an aunt, who went from Pennsylvania to Michigan to take charge of him, and declared an intention of remaining there, and was there appointed guardian by the proper court, such minor and guardian are non-residents within the meaning of the Act of April 21, 1856. Ib. EJECTMENT. A husband and wife in possession of a tract of land may maintain ejectment against parties in possession of a portion of the tract claiming the right to operate oil wells under an invalid lease executed by the wife. Buchanan v. Hazzard, 267. The saving clause in § 4 of the Act of March 13, 1815, relative to the sale of unseated lands for taxes, whereby minors and insane persons whose lands have been so sold, are entitled to two years after the removal of their disability wherein to redeem the same, does not extend to cases of sales made under the 5th section to the county commissioners, and to the redemption therefrom as provided in the 6th section. Metz v. Hipps, 321. After the lapse of thirty years there is a presumption that the County Commissioners did their duty and that the recitals in their deed are true. Brandon v. Fritz, 297. Ib. Interfering surveys in Schuylkill County discussed. An ejectment for unpaid purchase-money is an equitable action. Kensinger v. Smith, 311. Ejectment is an equitable action when the plaintiff seeks by it to enforce specific performance of a contract to convey, and he must show that he has been ready, prompt, and desirous of performance, and guilty of no laches. Russell v. Baughman, 284. Although this rule is not held so strictly against a defendant in possession, it is generally by reason of his equities, but when they are so weak as to present no substantial ground for protection, they must yield to the general rule. Ib. The Courts of Common Pleas have the power by rule to compel a defendant in ejectment to file an abstract of title or statement of facts upon which he relies, and in default thereof, to enter judgment against him, pro- | vided the plaintiff has previously filed a similar abstract. Lehman v. Howley, 386. But to entitle the plaintiff to judgment his abstract or statement must present a good prima facie case. Accordingly it was error to enter judgment against a defendant by default, when the plaintiff's abstract traced the title back to a deed of partition, but did not state the necessary parties to such deed. Ib. The decision of the Common Pleas in a contested election is final on the merits. A certiorari from the Supreme Court brings up only the record, and if its regularity be affirmed, the decision of the Court below takes effect from its date. Ib. An Act of Assembly attaching a portion of a township to a borough for school purposes, both of taxation and election, does not violate the constitutional provision that electors shall reside within their election district. Colvin v. Beaver, 396. Power of Court of Equity to supervise corporate election. See CORPORATION. (C. P.) Raynor v. Beatty, 201. Bribery at elections. See CRIMES. Williams v. Commonwealth, 113. EMINENT DOMAIN. See DAMAGES. EQUITABLE EJECTMENT. See EJECTMENT. EQUITY. A bill to compel the extinguishment of a ground-rent, when dismissed. (C. P.) Skelly v. Ogden, 365. Discovery. The plaintiff must establish his right to the subject matter of a suit before he is entitled to discovery. (C. P.) Portuondo v. Faunce, 539. Account. A court of equity has jurisdiction to decree an account of iron ore unlawfully taken from the hands of the plaintiff. Alden's Appeal, 442. Marshalling of securities. Where three lots of ground are subject to a common incumbrance, and are sold at different times, the lot last conveyed becomes primarily liable for the entire encumbrance, and if the holder of the encumbrance releases it from the lien of the encumbrance, the other lots are released by operation of law. Amanda Martin's Appeal, 484. Subrogation. The voluntary payment of a secured debt by one who is a stranger is prima facie a purchase of the debt and the accompanying security, and is determined by the manifest intention and understanding of the parties at the time. Brice's Appeal, 227. Where the separate real estate of A. and C. was sold by the sheriff in the order named, and judgment against A. and C. jointly, was awarded payment out of the fund produced by the sale of A.'s estate, the fact that it is shown by parol that C. was principal and A. surety, does not entitle A. or his judgment creditors to subrogation upon the fund produced by the sale of C.'s land. Indiana County Bank's Appeal, 270. Unincorporated societies. A Court of Equity has power to restore a member unlawfully expelled from an unincorporated society. (C. P.) Schassberger Under what circumstances a conditional verdict. Staendel, 379. should be given for a defendant in ejectment. Welch v. Emerson, 372. Fraud, Constructive. Confidential relation. See ATTORNEY AND CLIENT. (C. P.) Lockhard r. McKinley, 11. (U. S. S. C.) Baker v. Humphrey, 13. A husband claiming to have been defrauded of his Where a conditional verdict and judgment for the plaintiff in ejectment omitted to fix a time for the payment of the sum upon which the verdict was to be re-marital rights by an ante-nuptial settlement made by leased, the Supreme Court in error amended the judgment by inserting a date before which payment should be made. Kensinger v. Smith, 311. The landlord of premises will be permitted to intervene pro interesse suo when an ejectment is brought against his tenant. (C. P.) Rittenhouse v. Fetters, 221. ELECTIONS. A commission issued to a county officer pending a contest of his election is irregular, but not void. Upon the determination of the contest in his wife, must act promptly, and cannot be permitted to make several experiments in litigation on different and inconsistent grounds. Hidell's Appeal, 212. Specific performance. A plaintiff in assumpsit is not entitled to a conditional verdict to enforce specific performance of a verbal agreement to convey land, unless he clearly proves a strict compliance with all the terms of the agreement on his own part. Naftzinger v. Roth, 493. A covenant to mine a certain quantity of ore will EQUITY-Continued. not be specifically enforced in equity, since an action at law for damages is an adequate remedy. Koch and Balliet's Appeal, 343. Injunction. Although a Court of Equity may enjoin to stay waste, it cannot summarily appoint a receiver of an oil well. Enterprise Transportation Co.'s Appeal, 225. Emerson and Wall's Appeal, 227. Injunction to restrain trade-mark, when granted. See TRADE-MARK. (C. P.) White v. Schlect, 77. The performance of an opera upon the stage gives no right to print the music, and an attempt to print will be restrained by injunction. (C. P.) Gilbert v. Bacher, 14. An injunction will be granted against one maintaining a nuisance in the shape of a privy well, the percolations from which corrupt a well of drinking water upon the plaintiff's premises. (C. P.) Dill v. Haugh, 417. An injunction will not be issued against the maintenance of a powder magazine in an isolated spot, though it is in the neighborhood of a large city. Dilworth's Appeal, 133. A Court of Equity has no jurisdiction in ordinary cases to enjoin the sale of real estate upon the ground that the defendant in the execution has no title in the same. Wiser's Appeal, 508. An injunction will be issued to prevent the unlawful expulsion of a member of an unincorporated society. (C. P.) Powell v. Abbott, 231. Injunction to restrain the collection of a tax. (C. P.) Albrecht v. Lane, 377. Injunction when granted to protect a railroad in the use of a right of way over the road of another company. (U. S. C. C.) Junction R. R. Co. v. Pennsylvania R. R. Co., 277. Injunction to restrain the Filbert Street extension of the Penna. R. R. Co. refused. Duncan's Appeal, 436. A special injunction will be dissolved, where the plaintiff fails to prosecute the suit for more than a year after the granting of the injunction. (C. P.) White v. Schlect, 77. A Court of Equity, not the Orphans' Court, is the proper forum in which a testamentary trustee, or an executor, should proceed to enforce a duty due to the estate of an equitable nature. (C. P.) Stockton v. Nav. Co., 110. EQUITY PRACTICE. Filing an answer and proceeding to proof is not waiver of objection to the jurisdiction of a Court of Equity, such objection may be taken advantage of even at final hearing. Wiser's Appeal, 508. Where a party in equity relies upon the statute of another State as the foundation of his right, such statute should be recited at length in the pleadings; a statement of its legal effect is not sufficient. (C. P.) Stockton v. Nav. Co., 110. The effect of a demurrer to a bill as an admission of every fact well pleaded does not cure a defect such as this. Ib. A witness is bound to attend before an examiner until his examination is completed by signing, and if he refuse his attendance will be compelled by appropriate process. (0. C.) Hook's Estate, 320. In appeals from preliminary injunctions, the Supreme Court do not usually pass on the merits of the case, but except in those instances where it is very evident that the Court below has been in error, continues the injunction. Truby's Appeal, 551. ERRORS AND APPEALS. Where the same party appeals from a decree of the Orphans' Court upon various claims against the estate of which he ERRORS AND APPEALS-Continued. is administrator, it is improper to take a separate appeal upon the subject-matter of each separate claim. As there is but one final decree, there can be but one appeal therefrom by the same party. Roberts's Appeal, 118. One writ of error cannot be taken to separate judgments in two actions arising out of the same facts, and tried together on the same evidence. In such a case the writ will be quashed. Cauley v. Pittsburgh, C. & St. L. R. W. Co., 505. An appeal taken from a decree in divorce proceedings more than one year after the entering of the decree will be quashed. Mortimer's Appeal, 313. Bail in error. A recognizance of bail in error, defective in form, may derive validity from the consent, either express or implied, of the parties to be affected by it. Allen v. Kellam, 93. Under what circumstances the approval of bail in error will be vacated. Kaufman v. Hirsch, 347. What the subject of writ of error or appeal. No appeal lies to a refusal of the Court below to open or vacate a decree in divorce. Kepner's Appeal, 44. Mortimer's Appeal, 313. A writ of error should not be taken to a judgment entered upon a single issue prior to a trial upon other issues of fact raised by the pleadings. Schriver v. Eckenrode, 161. What cannot be assigned for error. The failure of a witness to sign his deposition cannot be assigned for error in the Supreme Court when no point was made upon it in the Court below. Winton v. Little, 37. Where there is no evidence of fraud in a case it is error to submit the question to the jury; but if it does not appear affirmatively that the party complaining was injured by such submission, a reversal will not be granted. Louchheim v. Henzey, 571. Where the Court below has in the exercise of its sound discretion refused a new trial, this Court will not review such decision. Ib. Assignments of error. Form of. In conformity with Rule XXIII. of the Supreme Court, the points submitted to the Court below, and the answers of the Court must be quoted in totidem verbis in the specification of error. Monroe v. Monroe, 8. Assignments of error which contain merely a memorandum of the names of witnesses whose testimony has been erroneously received or rejected are not in accordance with Rule XXIV., and will be disregarded. Royse v. May, 104. Yeager v. Fuss, 557. Where the requisites of Rule XXIV. as to the form of assignments of error are disregarded, the Supreme Court of its own motion will enter a non-pros. Dietrick r. Addams, 492. Other matters. In appeals from preliminary injunctions the Supreme Court do not usually pass on the merits of the case, but except in those instances in which it is very evident that the Court below has been in error, continues the injunction. Truby's Appeal, 550. The decision of the Common Pleas in a contested election case upon the merits is final. A certiorari to the Supreme Court brings up only the record, and if its regularity is affirmed, the decision of the Court below takes effect from its date. Luzerne v. Trimmer, 376. Appeal from an order of Court disbarring an attorney. See ATTORNEY-AT-LAW. Ex parte Steinman, 145. Right of a defendant paying money under an execution to recover it back upon reversal of the judgment. See ASSUMPSIT. Ins. Co. v. Heath, 516. |