LANDLORD AND TENANT-Continued. Where no sale is made of goods distrained for rent, before they are replevied, it is not necessary that the constable should make an appraisement. (C. P.) Johnson v. Black, 438. In an action against a constable for an excessive distress, the plaintiff (after an award of arbitrators in his favor and an appeal by the defendants), filed a narr. in trespass vi et armis, which set forth the tenancy, the amount of rent in arrear and the goods distrained; after this, upon the trial, the narr. could not be amended so as to deny the tenancy. Royse v. May, 104. In such a case, the narr. not being under the Act of May 10, 1871, allowing double damages for distress where no rent is due, there can be no recovery under its provisions. Ib. LIEN. For unpaid purchase-money, how preserved. See VENDOR AND VENDEE. Snyder's Appeal, 177. See MECHANICS' LIENS. MUNICIPAL CLAIMS. ADMIRALTY. LIMITATIONS, STATUTE OF. In an action upon the case against a Recorder of Deeds for negligently giving a false certificate of search, where no fraud is alleged, the Statute of Limitations begins to run from the time when the search was given, and not from the discovery of its falsity. Owen v. Western Saving Fund, 465. As far as the running of the statute is concerned, there is no distinction between torts arising from contract, and those which arise from official malfeasance. Ib. In order to toll the running of the Statute of Limitations, it is not essentially necessary that there should be an actual or express promise to pay. From an adGround-rent. In an action of covenant sur ground- mission consistent with a promise to pay, the law will rent deed, it is not a defence that the ground landlord imply a promise without its having been actually or had distrained and subsequently abandoned the dis-expressly made. Palmer v. Gillespie, 535. tress, even though there were at that time enough Such an admission must be such a clear, distinct, goods upon the premises to have paid the rent. (C. and unequivocal acknowledgment of a particular debt P.) Howell v. Bateson, 463. as to remove hesitation in regard to the debtor's meaning. Ib. A ground-rent irredeemable during a life in being is not within the prohibition of the Act of April 22, 1850, § 21, prohibiting irredeemable ground-rents. (C. P.) Skelley v. Ogden, 365. LEASE. Lease of railroad when ultra vires. See CORPORATION. (U. S. S. C.) Thomas v. West Jersey R. R. Co., 65. LEGACY. A general legacy to a volunteer will not be entitled to exemption from abatement on the ground of its being applied to any particular object or purpose, unless there be clear and unequivocal evidence from the terms of the will that the testator intended to give it a priority. Appeal of the Trustees of the University, 520. Where there is any valuable consideration for a testamentary gift or any right or interest is relinquished in consideration thereof, such legacy will be entitled to payment over other general legacies which are mere bounties. Ib. Where there is a deficiency of assets after payment of debts, expenses, and specific legacies, to pay the other legacies, the rule is generally that the loss shall be borne entirely and proportionally by those pecuniary legacies which are in their nature general. An annuity charged on the personal estate is a general legacy, and in case of such deficiency, must abate rateably with other general legacies. Ib. In order to prevent a legacy from lapsing by the death of the legatee in the lifetime of the testator, such testator must in his will declare either expressly or in terms from which it can be collected with sufficient clearness what person or persons he intended to substitute for the legatee dying in his lifetime. Ib. Proceeding to charge a legacy upon lands. See DECEDENTS' ESTATES. Littleton's Appeal, 188. When chargeable on lands. See DECEDENTS' ESTATES. (O. C.) Wolf's Estate, 260. The fact that a railroad crossing across a public highway has existed for twenty-four years, is no bar to an indictment for a nuisance, since the Statute of plea of the Statute of Limitations, who did not suggest What not sufficient evidence of adverse possession to give a title to land. Campbell v. Braden, 487. Ewing v. Ewing, 489. The saving clause in sect. 4 of the Act of March 13, 1815, whereby minors and insane persons whose unseated lands have been sold for taxes are entitled to two years after removal of their disabilities wherein to redeem the same, does not extend to sales made under sect. 5 of the Act to the County Commissioners, and to the redemption therefrom as provided in the 6th section of the same Act. Metz v. Hipps, 321. Limitations of right to file bill of review. ORPHANS' Court. See LIMITED COMPANY. See PARTNERSHIP. LUNATIC. Under what circumstances lunacy of the mortgagor is no defence to an action on a mortgage. (C. P.) Mills v. Slook, 379. Allowance for support of lunatic, when not reduced because of diminution of income. (O. C.) McCloskey's Estate, 496. MALICIOUS PROSECUTION. The advice of a detective is no defence to an action for malicious prosecution. (C. P.) Brietwiesser v. Stier, 112. MANDAMUS. Where the Commissioner of grant an omnibus company a license for reasons which the Court deem unsubstantial, he will be compelled by mandamus to grant the license. (C. P.) Commonwealth v. Baldwin, 233. LIBEL. To deprive an attorney of his office sum-Highways in the exercise of his discretion refused to marily for the publication of a libel upon a man in a public capacity, or where the matter was proper for public investigation would be an infraction of the spirit, if not of the letter of Art. I. § 7 of the Constitution. Ex parte Steinman, 145. See CRIMES. Commonwealth v. Willard, 524. LICENSE. Fees for tavern licenses in Allegheny County. Kilgore v. Commonwealth, 184. MARITIME LIEN, See ADMIRALTY. (U. S. MARRIAGE. See HUSBAND AND WIFE. MASTER AND SERVANT. In order that a | MECHANICS' LIENS-Continued. receipt for goods on storage may be a warehouse receipt with the quality of negotiability, as contemplated by the Act of Sept. 24, 1866, the person issuing such receipt must be in possession of the goods in his own right and not merely an agent for a principal. Bank v. Gayley, 49. When an act of violence is committed by a servant in the ordinary course of his employment, but not by the direct command nor assent of the master, case and not trespass is the proper form of action in which to recover damages against the master. Drew v. Peer, 33. A master is not liable for an injury caused to his servant if a tool or machine break from an internal original fault not apparent when the tool or machine was first made or provided, or from an external apparent fault, for it is the duty of the servant to report to the master apparent defects. Baker v. Allegheny R. R. Co., 337. But a different rule applies if the tool or machinery be perishable; the employer is bound to know that fact and it is his duty to renew such instrument at proper intervals. Ib. The constructive knowledge of the servant does not relieve the master from acting on the constructive knowledge which is chargeable to him, nor impose upon the servant the duty of notifying the master of that which he ought to know. Ib. A master is not liable for an injury caused to his servant through the negligence of a gang-boss, who had no general power of control but acted as foreman of workmen engaged by and furnished to him by a superintendent, whose orders he was bound to obey. Keystone Bridge Co. v. Newberry, 552. In an action by a servant against his master in the absence of evidence of knowledge on the part of the master of the incompetency of the gang-boss, it is error to submit the question to the jury. Ib. See PRINCIPAL AND AGENT; NEGLIGENCE. MECHANICS' LIENS. The right to file a mechanic's claim may be waived by a stipulation in the contract under which the work was done. Long v. Caffrey, 25. house progress of the work, a claim filed against the other alone, not naming him as survivor, is good; the proceeding being in rem, it would be improper to substitute the personal representatives of the deceased. Ib. A bill of particulars setting out the day and year of the first item, and the dates of the successive items in chronological order is a sufficient compliance with the Act of June 16, 1836. Scholl v. Gerhab, 157. The validity of a mechanic's lien for materials is not put in issue by the pleas of non-assumpsit, payment with leave, etc., but it is a question to be taken advantage of by demurrer, or motion to strike off the lien. Ib. The proper method of taking advantage of defects appearing upon the face of a claim is by demurrer or by motion to strike off the lien. Ib. How long before the return-day a sci. fa. sur claim must issue in Delaware County. (C. P.) Miles v. Pleasants, 63. The Act of June 11, 1879, authorizing the amendments of mechanics' claims is not retroactive. (C. P.) Sparr v. Walz, 64. Fahnestock v. Wilson, 385. Alterations and repairs, lien for, when good. (C. P.) Shaffer v. Green, 144. MINES AND MINING. Construction of reser- 442. Mining lease construed and right to specific performance of covenant to mine a certain quantity annually considered. See EQUITY. Koch & Balliet's Appeal, 343. MORTGAGE. Where a conveyance is accepted by a creditor in satisfaction and extinguishment of a debt, an agreement to reconvey cannot have the effect of turning the transaction into a mortgage. (0. C.) Callahan's Estate, 253. Under what circumstances parol evidence is admissible to show that a purchase-money mortgage was executed subsequent to the day upon which it is dated for the purpose of preserving its lien. Parke v. Neely, 193. It is not material that a mortgage should appear on Mc- its face to be for purchase-money if the fact can be proved. Ib. A claim filed by a subcontractor must set forth specifically the time when and the nature and amount of materials furnished or work done; it is not sufficient to state the time of the beginning and ending of the work. Gray v. Dick, 555. The Act of 24 March, 1849, relates only to claims filed by contractors, not to those of subcontractors. Ib. Effect of a sheriff's sale under a subsequent judgment upon a mortgage prior to which was a lien for unpaid taxes. (C. P.) Lea v. Brown, 418. See Power of a married woman to mortgage her separate estate and apply the proceeds of the mortgage. HUSBAND AND Wife. Daubert v. Eckert, 87. The equity of a terre-tenant who has procured the payment of a mortgage, though not the possession of The owner of a tract of land laid it out in ten build-it, nor its satisfaction, is superior to that of the ing lots fronting on a street. Ten houses were built, in twos adjoining each other, making five blocks of two houses each, and between each block side-yards with a common partition fence. Between two of the blocks an additional space of ground of sixty feet frontage was left, with the intention of converting it into a street. This fact was not sufficient to prevent the filing of an apportioned claim against the entire lot, because at the time of beginning the work the street had not been dedicated to public use. Kline's Appeal, 26. In the absence of fraud, materials furnished for a building on its credit, delivered at the shop of the contractor, may be made the subject of a lien, although they were delivered before the commencement of the building. Dick v. Stevenson, 411. Where one of two joint contractors dies during the assignee for value of the mortgage, who upon the assignment made no inquiry of the mortgagor, who, by a recorded deed containing no reference to the mortgage, had sold the property to the terre-tenant. Sellers v. Benner, 88. Under what circumstances the lunacy of the mortgagor is no defence to an action upon the mortgage. (C. P.) Mills v. Slook, 379. A mortgagee cannot by will restrict the payment of the mortgage debt to his executors, or place upon the mortgagor an obligation to see to the application of the purchase-money. (O. C.) Becher's Estate, 128. Payments on stock assigned as collateral security for a building association mortgage are not ipso facto payments on the mortgage. Economy Building Association v. Hungerbuehler, 218. Who can set up invalidity of building association MORTGAGE-Continued. mortgage given by married woman. MUNICIPAL CLAIMS-Continued. (C. P.) King- the effect is as if there had been no return at all, and the proper course is to issue an alias writ. Wistar v. Philadelphia, 98. sessing Building Association v. Roan, 15. A terre-tenant cannot intervene in a sci. fa. upon a mortgage without leave of Court. (C. P.) Hobson v. Webster, 206. In a suit against a mortgagor, judgment may be obtained for want of an affidavit of defence, notwithstanding the intervention of the representatives of a deceased terre-tenant. Dutill v. Sully, 573. The heirs or devisees of a deceased terre-tenant who were not made parties to a suit are not precluded by a judgment obtained therein; they have therefore no status to complain of any irregularity in the proceedings. Ib. Proceedings to compel satisfaction of mortgage under Act of June 11, 1879. Practice under. Sellers v. Benner, 88. Where there is no one accessible who is authorized to enter satisfaction of a mortgage, the only method by which the mortgagee can relieve himself from the payment of interest is to pay the money into court. (C. P.) Bouillou's Estate, 14. Where under such circumstances an alias writ is issued, it is not necessary to file a second affidavit that the defendant had been notified to make payment of the claim in order to entitle the plaintiff to a judgment by default. Ib. Under what circumstances an entry of satisfaction of a claim made through mistake will be stricken off. (C. P.) City v. Thomas, 240. MUNICIPAL CORPORATIONS. Power of the Councils of Philadelphia to provide by rule for the use of highways by omnibus lines. (C. P.) Commonwealth v. Baldwin, 233. The taxes for the year 1877 in the city of Scranton, were not levied at the time directed by law. The Board of Appeal and Revision made numerous changes in valuation without appeal from individual taxpayers: held that the tax levy was not thereby invalidated, and that a special injunction to restrain its collection was improperly awarded. Matthews v. Scranton, 507. Increase of debt of municipal corporations, how far Under what circumstances leave will not be granted to pay money into court for the satisfaction of a mort-restricted by the Constitution of 1874. Pike County gage under the Act of April 3, 1851. (C. P.) In re Kohler, 527. Under what circumstances the Court will direct the satisfaction of a mortgage upon ex parte affidavits. (C. P.) In re John Gunther, 191. Judgment upon bond pending proceedings upon accompanying mortgage when not stayed. (C. P.) Longstreth v. Thornton, 206. Attorney's commission for collection. See ATTORNEYAT-LAW. MUNICIPAL CLAIMS. Lien for street improvement against suburban property. (C. P.) City v. Lukens, 348. Assessments for street improvements are a species of taxation within the meaning of an Act of Assembly exempting a cemetery from taxation. Olive Cemetery Co. v. Philadelphia, 85. v. Rowland, 241. Action against municipality for negligently obstructing a highway. See NEGLIGENCE. Scranton v. Catterson, 59. NATURALIZATION. The Act of Congress con ferring the right of citizenship upon seamen who have served on board merchant vessels of the United States, does not extend to the United States naval service. (C. P.) In re Gormley, 96. The Act of Congress of 1824 requires that an alien shall have declared at least three years before his admission, that it was bona fide his intention to become a citizen of the United States. (C. P.) In re Randall, 159. Applicants must declare their intentions in such form as to show the time when the intention to become a citizen was actually formed. Ib. A minor who has not declared his intention two Registration of lien for unpaid water tax containing neither location nor description of real estate is defective and insufficient to support a scire facias. Allen-years previous to his application nor proved a residence town v. Hower, 198. of five years, cannot be admitted to citizenship. (C. P.) In re Merry, 169. To support a scire facias the property should be designated with such certainty as to enable the sheriff to execute the levari facias, but it is unnecessary to conform strictly to all the requisites of a mechanic's lien. The name of the contractor or material man need not be given, nor is a bill of particulars necessary. Ib. The Act of April 21, 1858, is a general Act under which amendments are allowable when intervening rights are not prejudiced. Ib. (C. P.) City v. Wagner, 511. What not sufficient notice to pave a footway. City of Philadelphia v. Donath, 415. What a sufficient notice to the city solicitor of a rule to issue a sci. fa. sur municipal claim. (C. P.) City v. Wood, 347. Where it appears from the sheriff's return to a sci. fa. sur municipal claim that the writ had not been posted upon the premises for two weeks as required by the Act of March 11, 1846, the return is fatally defective. O'Byrne v. Philadelphia, 41. Under what circumstances proceedings upon municipal claims will be consolidated. (C. P.) City v. Tyson, 367. Where a judgment has been reversed on account of a fatal defect in the sheriff's return to a writ of sci. fa., NEGLIGENCE. A railroad company in constructing its road and works is only bound to bring to their execution the engineering knowledge and skill ordinarily known and practised in such works. There is no liability on its part for not constructing a culvert sufficient to pass extraordinary floods. Baltimore and Ohio R. R. Co. v. Sulphur Spring School District, 568. The concurring negligence which when combined with the act of God produces the injury must, in order to render the defendant responsible in damages, be such as is in itself a real producing cause of the injury, and not a mere fanciful or speculative negligence, which may not have been in the least degree the cause of the injury. Ib. Under what circumstances a canal company is not liable for the sinking of a barge while under their care near the mouth of their canal. Brady v. Delaware, etc., Canal Co., 414. If a public road running through a township is so dangerous by reason of its proximity to a precipice that common prudence requires extra precaution in order to secure safety to travellers, the township is bound to use such precaution, and the omission to do so is negligence. Scott Township v. Montgomery, 389. A municipal corporation is liable for injuries caused NEGLIGENCE-Continued. to one driving through its streets, whose wagon is upset by the iron head of a water plug. Scranton v. Catterson, 59. If reasonable precautions are taken to provide locomotives with appliances best suited to the prevention of damage by fire, the railway company or persons using them cannot be made liable though they fire every rod of country through which they run. Phila. and Reading R. R. Co. v. Schultz, 148. Evidence is not admissible to show that other engines of a company have defective spark arresters. Jennings v. Penna. R. R. Co., 150. It is contributory negligence on the part of an owner of land along a railway to allow the accumulation of rubbish and brushwood on his property. A land-owner along a railway assumes the risk of fires necessarily following the proper and lawful use of locomotives, but there is no liability on his part to guard against their improper and unlawful use. Phila. and Reading R. R. Co. v. Schultz, 148. A passenger railway liable under its charter to keep in good repair the streets which it traverses, is liable to a passenger, who in alighting from a car is injured through the defective condition of the street. (C. P.) Mayberry v. Railway Co., 404. Except at street crossings, where the public has a right of way, a railroad company has the right to a clear track, and it owes no duty to trespassers, whether they be adults, minors, or children of tender years. Cauley v. P. C. and St. L. R. W. Co., 505. It is contributory negligence per se in parents to suffer their children to trespass on the cars or track of a railroad company. The fact that the trespass was committed without the knowledge or consent of the parent is immaterial. Ib. A railroad company owes no duty to a trespasser riding on a train. A boy riding free upon a train to sell newspapers is a trespasser, even though he had the permission of the conductor. To give such permission is beyond the conductor's powers. Duff v. Allegheny Valley R. R. Co., 504. Liability of a railway company to the representatives of one killed while in the care of another carrier. Phila. and Reading R. R. Co. v. Boyer, 496. Standing on the front platform of a street railway car with the implied consent of the conductor and driver is not contributory negligence per se. Germantown Pass. R. W. Co. v. Walling, 467. Where the measure of duty on the part of a passenger is ordinary and reasonable care and the standard shifts with the circumstances of the case, the question of contributory negligence is for the jury. Ib. What is contributory negligence per se in one about to cross a railway track with a pair of horses. Penna. R. R. Co. v. Bock, 281. A husband as administrator of his wife cannot maintain an action against one who negligently causes her death. The action should be brought in his own right as urviving husband. Books v. Danville, 339. A municipal ordinance cannot make that negligence which was not negligence without it. Phila. and Reading R. R. Co. v. Boyer, 497. Sufficiency of narr. in action against municipality for negligently obstructing a highway. (C. P.) Kenyon v. City, 222. A claim for statutory and common law damages admitting of the same pleas and judgment, may be joined in the same action. Penna. R. R. Co. v. Bock, 281. Where the form of the declaration shows no inconsistency in the rights sued upon, but an apparent NEGLIGENCE-Continued. misjoinder of the claimants thereunder, an actual misjoinder of rights or parties must be taken advantage of on trial and not by motion in arrest of judgment. Ib. Action against steamboat carrier for injury caused passenger by violently bumping against wharf. See COMMON CARRIER. (C. P.) Monaghan v. Ferry Co., 368. Action against passenger railway company by passenger injured while attempting to get on car. See COMMON CARRIER. (C. P.) Coller v. Passenger Railway Co., 477. Action against passenger railway company by passenger injured while in the car. See COMMON CARRIER. Federal St. Pass. Railway Co. v. Gibson, 533. Action by servant against master. See Master and SERVANT. Limitation of action against recorder of deeds for negligently giving a false search. See LIMITATIONS, STATUTE OF. Owen v. Saving Fund, 465. NEGOTIABLE INSTRUMENT. See BILLS AND Notes. NOTICE. What sufficient notice to put a party upon inquiry. Sellers v. Benner, 88. When a purchaser of land will be charged with notice of encumbrances. Parke v Neely, 193. NUISANCE. While the mere construction of a railroad track across a public highway, in pursuance of law, is no nuisance, it must be constructed in such a manner as not to impede travel. Northern Central Railway Co. v. Commonwealth, 129. An indictment for maintaining a nuisance lies against a railroad company where the track crossing is such as to cause a dangerous obstruction to travel. Ib. Bill in equity to restrain nuisance. See EQUITY. See LIMITATIONS, Statute of. OIL WELL, receiver of, power of Court of Equity to appoint. See EQUITY. Enterprise Trans. Company's Appeal, 225. Emerson & Wall's Appeal, 227. ORPHANS' COURT. So far as advancements are concerned, the jurisdiction of the Orphans' Court is exclusive. It also has power to settle questions of set off against distributive shares, arising out of an indebtedness of a distributee to the decedent. (0.C.) Bucknor's Estate, 511. When under the Act of April 20, 1846, a purchaser at an Orphans' Court sale of lands seeks to apply to the purchase-money a judgment originally entered in another county, but transferred to the county of the sale by exemplified copy, an issue to try the truth of an allegation that the consideration of the judgment has failed, can be tried only in the county having jurisdiction of the sale. Gordon's Appeal, 55. Land purchased by an executor on the foreclosure of a mortgage held by the decedent is treated for the purposes of distribution as personal property. (0.C.) Fell's Estate, 382. The Orphans' Court has jurisdiction to confirm a sale of real estate purchased on foreclosure of a mortgage, and subsequently sold by an executor. Ib. Jurisdiction in Partition. See PARTITION. Where the appellant from an order of the register of wills admitting to probate a certain will is a nonresident, he may, upon petition filed, be compelled to give security for costs. (0. C.) King's Estate, 207. A witness is bound to attend before an examiner until his deposition is completed, and his attendance will be enforced by suitable process. (O. C.) Hook's Estate, 320. ORPHANS' COURT-Continued. PLEADING. When trespass vi et armis, and Allowance for support, when not reduced. (O. C.) when trespass upon the case should be brought. Drew McCloskey's Estate, 496. The executrix of a deceased executor is not liable to attachment for the default of such executor. (O. C.) Goldsmith's Estate, 276. An amendment to correct an error apparent upon the face of the record will not be allowed after the lapse of seven years where intervening rights are to be affected. (O. C.) Bauer's Estate, 336. Under what circumstances an adjudication and decree will be sent back to the Auditing Judge for review. (0. C.) Bucknor's Estate, 511. Bill of Review, when too late. (O. C.) Estate, 463. Littleton's Appeal, 188. Additional rules of Orphans' Court, 420. v. Peer, 33. A claim for statutory and common law damages admitting of the same pleas and judgment may be joined in the same action. Pennsylvania Railroad Co. v. Bock, 281. Where the form of declaration shows no inconsistency in the rights sued upon, nor an apparent misjoinder of the claimants thereunder, an actual misjoinder of rights or parties must be taken advantage of on trial, and not by motion in arrest of judgment. lb. A plaintiff cannot recover the double damages for Lindsay's an unlawful distress allowed by the Act of May 10, 1871, unless the declaration be upon the statute. Royse . May, 104. PARENT AND CHILD. Under what circumstances a boy will be permitted to remain with his maternal grandparents, contrary to the will of his father. (Q. S.) Commonwealth v. Schladensky, 315. PARTITION. Although in partition proceedings in the Orphans' Court the proper practice is to issue a citation to all the parties in interest, it is not essential where the names of the parties in interest appear in the petition decree and answer. There is a presumption that all requisite notices were given. (O. C.) Bauer's Estate, 576. Where legacies are charged upon land, the legatee is entitled to partition in order to apply for the sale of the real estate. Where the petition does not in terms apply for partition, and the lands eannot be sold for the payment of legacies without it, the Court will afford the proper relief. (0. C.) Cassady's Estate, 275. The jurisdiction of the Orphans' Court in partition is confined to cases in which the decedent died seised of the estate in respect to which it is asked. But when this element exists, the Court, for the purpose of making distribution, may determine all questions of kinship. (0. C.) Davis's Estate, 380. PARTNERSHIP. A purchase by certain members of an unincorporated association, organized for the building, equipping, and operating of a certain railroad, of the entire stock of a competing road, was beyond the scope of their authority, and not binding upon unassenting members. Roberts's Appeal, 118. Where it is sought to make a partner liable upon an alleged ratification of an unauthorized contract of some of his copartners, his assent to the precise provisions of the contract must appear. Roberts's Appeal, 118. A partner who sells firm property without the knowledge and consent of his copartner, and with intended fraud on the rights of creditors of the firm to pay his own individual debts, gives the purchaser no title as against creditors of the firm. Hartley v. White, 286. Limited Companies. Limited liability for partnership debts under the Act of June 2, 1874, and its supplements, is insured only by strict compliance with the Act. Maloney v. Bruce, 92. The object of the provision requiring a schedule is to enable creditors to ascertain precisely of what the property consists, and to judge of its value. A general description or a lumping valuation is not the schedule required by that Act. Ib. Effect of omission of word "limited" from the notes of a limited company. (C. P.) German v. Moodie, 221. PASSENGER RAILWAY. See NEGLIGENCE. PHYSICIAN, course of study required to entitle one to practise as a physician. (C. P.) In re Electropathic Institute, 31. When a narr. against a municipal corporation for negligence sufficiently states the duty of the corporation. (C. P.) Kenyon v. Puiladelphia, 222. Plea of plene administravit, when good. (C. P.) O'Conner v. Weeks, 461. Sufficiency in replevin of plea to an avowry, that the goods were upon the demised premises in the course of trade. (C. P.) Biegenwald v. Winpenny, 542. What evidence admissible under plea of non-assumpsit. Fisher v. Ball, 141. Injunction to re POWDER MAGAZINE. strain. See EQUITY. Dilworth's Appeal, 133. POWER. Deed of trust containing power of revocation, when revoked by will containing no reference to the power. (C. P.) Taylor v. Smiley, 30. Power of appointment, when well exercised. Schively's Appeal, 566. Power of attorney, when coupled with an interest not revoked by death. (O. C.) Droste's Estate, 224. PRACTICE. An action of debt on recognizance of bail in error must be brought in Court where suit originated. (C. P.) Lukens v. Bryson, 540. Service of sci. fa. upon municipal claim for taxes, when insufficient. See MUNICIPAL CLAIMS. O'Byrne v. Philadelphia, 41. Effect of reversal of judgment upon municipal claim for defective service of the sci. fa. See MUNICIPAL CLAIMS. Wistar v. Philadelphia, 98. A terre-tenant cannot intervene in an action upon a mortgage without leave of Court. (C. P.) Hobson v. Webster, 206. In ejectment where the writ names a tenant as the defendant, the landlord may intervene to defend pro interesse suo. (C. P.) Rittenhouse v. Fetters, 221. Under what circumstances the Court will order the consolidation of municipal claims. (C. P.) City v. Tyson, 367. Under what circumstances a garnishee will be permitted to pay money into Court. (C. P.) Fuller v. Bleim, 574. Capias. See HUSBAND AND Wife. Affidavit denying partnership, when permitted to be filed nunc pro tunc. (C. P.) Steinbeisser v. Corbion, 528. Bill of particulars, when sufficient. (C. P.) Heft v. Jones, 541. Under a motion to file an amended narr., the Court will not decide questions of pleading which ought to be raised by a demurrer. (C. P.) Spaulding v. Barber, 253. Judgment for want of a plea, when opened on terms. (C. P.) Brass Co. v. Rudy, 527. Under what circumstances a judgment for want of a plea will be stricken off, when a common appearance has been entered for the defendant. (C. P.) Bender v. Ryan, 144. |