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the manner of service thereof.-Leonard v. Atlas party attacking his authority to apply for a rule to Nitrate Products Co., Inc., 124.

11. Service of a writ regular on its face cannot be contradicted and set aside merely by the unsupported affidavit of the party upon whom the service was made.-lb.

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12. In jurisdictions where appearances de bene are abolished by rule of court, the defendant cannot, without a general appearance, be heard to object to the cause of action stated; but may appear specially to challenge a jurisdictional fact, by deposition or proof dehors the record.-Macan v. Scandinavia Belting Co., 129.

13. Bail demanded by the plaintiff in foreign attachment will not be reduced upon a motion to quash. That question can not only be considered upon a rule to show cause why bail should not be

reduced.-lb.

APPRAISEMENT, 70-73.

ASSETS, 59a.

ASSIGNEES, 223-225.

ASSIGNMENT.

14. Where a defendant when he gave judgment for a pre-existing debt, falsely stated to the plaintiff that he had given no prior judgments, this does not constitute such fraud or deceit in contemplation of Section 33 of the Act of June 4, 1901, P. L. 404, as will permit the plaintiff to issue execution on his judgment after having received and duly released for, a dividend from the assigned estate of the defendant who was a farmer.-Minnich v. Hagen, 195. 15. As to farmers the Insolvency Act of June 4, 1901, is not suspended by the Federal Bankrupt Act of July 1, 1898, but is in force.-lb.

show cause why he should not be required to file his warrant under Section 71, of the Act of April 14, 1834, P. L. 333.-Daron v. Prudential Insurance Co. of America et. al., 74.

18. An attachment execution is civil process within Section 60, of the Act of April 9, 1915, P. L. 80, which provides that "no civil process shall issue or be enforced against any person mustered into the service of this Commonwealth or of the United States during so much of the term as he shall been engaged in active service under orders, nor thirty days after he shall have been relieved therefrom," and cannot issue while the defendant is in active service, although service of the writ be made on the garnishee only for the purposes of acquiring a lien and no effort be made to serve the defendant personally.-Ib.

AUDITORS,

PRACTICE BEFORE, 75-76. APPEAL FROM REPORT OF, 303.

TOWNSHIP.

19. An appeal from township auditors' settlement of the township treasurer's account will be stricken off where no recognizance was filed within thirty days from the time of the settlement, as required by Sec. 104 of the Act of 15 April, 1834, P. L. 556.-—Bailer's Appeal, 144.

AUTHORITY,

OFFICER OF CORPORATION, 60.
PRESUMED, 17.

RIGHT TO DELEGATE, 31.
SCHOOL DIRECTORS, 293.
WANT OF, 188.

BAILMENT, 287-289.

16. A falsehood or deceit can only be taken BAIL, IN FOREIGN ATTACHMENT, 13. cognizance of by the courts where it has induced some one to do some act to his own injury.-Ib. ASSOCIATION, OFFICER OF, 37.

ATTACHMENT, 94.

20. Where one obtains possession of a chattel upon a written contract in which he declares that he has rented the chattel, that he is to pay a certain amount, in instalments, as rental and when paid the

ATTACHMENT, DISTRIBUTION OF PRO- article shall become his property, but until the rentCEEDS OF, 86.

al is paid no title is to be acquired by or vested in him, the contract is one of bailment and not a con

ATTACHMENT OF ROAD SUPERVISORS, ditional sale. The absence of an express eovenant

275-279.

ATTORNEY-AT-LAW,

FEES AND COMPENSATION, 89a, 222.

APPEARANCE BY

17. An appearance by an Attorney-at-Law is presumed to be authorized, and the burden is on the

to return a chattel at the end of the term does not turn a bailment into a conditional sale.-Hughes v. Murphy, 173.

21. Where the bailee of a chattel replaces a part of it, such a new part does not become the property of the bailor and may be sold upon execution against the bailee.-Ib.

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BOARD OF GAME COMMISSIONERS, 117. 312, to summarily remove a policeman from office

BOND,

FOR MUNICIPAL IMPROVEMENTS, 179. DEATH OF SURETIES.

a steam

24. To settle a controversy between railroad company and a trolley company, concerning grade crossings, the latter gave a bond to cover all damages that might accrue at said crossings by reason of the negligence of itself, its officers, agents or employees. Subsequently there was a change of sureties, and when the second set of sureties were all

dead, the plaintiff railroad company petitioned for a new bond. HELD, that the petition must be granted.--Baltimore and Harrisburg Railroad Co. v. Hanover and McSherrystown Street Railway Co.,

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26. The Public Service act of June 26, 1913, P. L. 1408, provides that "nothing in this act contained shall in any way abridge or alter the existing rights of actions or remedies in equity or under the common or statutory law of the Comnmonwealth."Ib.

27. The decree providing for a bond isssued out of a Court of Equity on August 30, 1893, and has been in force ever since. It is such a condition as the legislature apprehended when it passed the section (29) above referred to.-lb.

BOROUGHS,

PLOT, ROADS, 274a.

for proper cause, and may, by ordinance, delegate to the chief of police the right to exercise that authority subject to the supervisory control of the council.-Pfahler v. Borough of Dunmore, 87.

32. That authority is not abridged by the clause in the Act of 1915 giving the burgess certain control of the police with the power to suspend a policeman pending the action of the council.—Ib.

PERMIT, OR LICENSE.

33. The Borough of Norristown enacted an ordinance, requiring "each person, partnership, association or corporation, engaged in the buying and selling of junk, rubber, rags, rope, scrap iron, brass, junk dealers, to pay an annual license fee of Ten lead, copper or other metal, commonly known as

Dollars." The defendant was convicted before a Justice of the Peace of engaging in the business of junk dealer in said Borough without first obtaining a license permit. The justice imposed a penalty of ten dollars. Upon certiorari, HELD, that the proceedings must be affirmed.-Borough of Norristown v. Puelo, 99.

34. The supervision over junk dealers falls within the police power of the State because this power embraces all manner of wholesome and reasonable laws, statutes and ordinances, not repugnant to the Constitution, which the Legislature may judge to be for the good and welfare of the Commonwealth and of the objects of the same. The State has the inherent right to protect health, life and limb, individual liberty of action, private property and the legitimate use thereof and to provide generally for the safety and welfare of its people.-Ib.

PAVING LIEN.

35. A notice to curb and pave sidewalks of a

borough, served before the sidewalk is brought CERTIORARI, 33, 153.
from the natural to the established grade, is not
sufficient to sustain a lien for curbing and paving
after the borough does the grading. To charge the
property owner it is necessary to serve a notice after
the borough brings the sidewalk to grade.-Lands-
downe Borough v. Burdsall, 84.

36. The credibility of oral testimony is for the jury, but where the verdict shows that the jury found against ur.contradicted evidence for which there was no reason to warrant its disbelief, a new trial will be granted.--Ib.

BURDEN OF PROOF, 329, 336.

BY-LAWS.

on the

40. The hearing of the suit before an alderman was continued from July 19 to July 25. On July 21 a certiorari was issued and served alderman July 24. HELD, that proceedings under the certiorari must be dismissed.-Perago v. York Railways Co., 84.

41. It is impossible for the court to determine what the judgment of the alderman would have been if he had been allowed to proceed.—Ib.

CHARGE ON LAND, 308-311.

CHARITABLE USE, DEVISE TO, 84.

CHARITY, PUBLIC, 302.

CHATTEL MORTGAGE.

37. Where the by-laws of an association provide that action against any member for conduct 42. Where the maker of a promissory note gives detrimental to the purposes of its organization shall as collateral security a bill of sale for two automobe based upon a charge in writing signed by the biles which are leased back to him and remain person or persons making the same, and specify-in his possession, the transaction is in effect a chating offense alleged to have been committted, the tel mortgage without possession and void against association has no power, in the absence of such creditors of the motgagor.-Ryder v. Jenkins, 160. specific charge, to declare a vacancy in an office CHIEF BURGESS, 31. for the obvious purpose of ousting the incumbent as a penalty for such misconduct.—Evans v. Scranton Protective Association et. al., 117.

CAPIAS AND RESPONDENDUM, 251-252.

CERTIFICATE OF DEPOSIT, 4.

JOINT PAYEES.

38. Plaintiff's decedent deposited six hundred dollars payable to the order of himself or another (defendant), and received therefor a certificate of deposit. This certificate contained a proviso that the money belongs to the payees jointly, it being understood that either may withdraw on his or her individual order during their joint lives, and that any balance remaining upon the death of either shall belong to the survivor. After the death of the testator defendant presented the certificate to the bank and drew the entire amount with interest. Plaintiff brought suit, and the affidavit of defense alleged that the statement did not disclose a sufficient cause of action, averring survivorship and consequent title to the fund in question. HELD, that a motion for judgment for plaintiff must be refused. Waltrick's Executor v. Hockensmith, 115.

39. The language used in qualifying the general certificate of deposit implies an understanding or agreement between the parties at the time the money was deposited. In the absence of any explanation of this agreement, judgment cannot be entered upon the proceedings.—Ib.

CHILD.

CONTRIBUTORY NEGLIGENCE OF, 198.
CUSTODY OF, 211-214.

MAINTENANCE OF, 215-221.
PRESUMPTION OF CAPABILITY, 198.
SERVICES OF, 217, 220.

CHILD LABOR ACT, 333-335.
CIVIL PROCESS, 18.
COLLATERAL SECURITY, 42.

PROTECTION OF PLEDGE.

43. Plaintiff was the holder of two notes against defendant, as collateral security for which it held two mortgages against a third party, of which defendant was the legal owner, and which mortgages, by reason of the depreciation of the land which they covered, were worthless. Defendant offered evidence to show a notice to plaintiff by him, to foreclose the mortgages, and claimed a loss, by reason of failure to make such foreclosures, in excess of the amount due on the notes. The jury found for the defendant. On a motion for judgment for plaintiff n. o. v., HELD, that the judgment must be refused.-City Bank v. Rieker, 189.

44. The disputed questions of fact (1) whether notice to foreclose had actually been given; (2) whether or not the plainttiff had afterwards been guilty of culpable negligence in not foreclosing;

(3) whether plaintiff's negligence was the direct necessary to continue in force the provisions of said cause of any loss to the defendant-we were all nec- contract.-lb. essarily left to the jury to decide upon the conflicting evidence on those subjects.-Ib.

45. The Court instructed the jury "if the jury find that plaintiff (after notice to foreclose) was guilty of supine negligence in not doing so, and this negligence caused a loss to the defendant, plaintiff would be liable to him for such loss." HELD, not to be error.or.-lb.

49. In such a case the jurisdiction of the Equity Court is not ousted by the Public Service Act of July 26, 1913, P. L. 1374.—Ib.

OFFER AND ACCEPTANCE.

50. Plaintiff offered to furnish and erect for defendant certain covering material. Defendant agreed to accept said offer if plaintiff would give bond for the proper completion of the work on Plaintiff consented to give the bond if deTo this de

time.

46. An instruction that the bank could not be held liable under any and all circumstances for failure to foreclose these mortagges, but would be fendant would pay the cost thereof. held only to the exercise of such care of the col-fendant replied that it would pay half the cost. Not having received an lateral as a man of ordinary prudence would give answer in five days, deto important affairs of his own, was fendant placed its order elsewhere. Plaintiff then as favorable to the plaintiff as the rules of law would permit.-Ib. brought suit to recover the profits it would have COMPETITION, UNFAIR, 136-139. CONDITIONAL DEVISE, 308-309. CONDITIONAL SALE, 20.

CONSIDERATION, WANT OF, 142.

CONSTITUTION.

ARTICLE 3, SECTION 3, 117.
ARTICLE 16, SECTION 5, 58.

CONTEMPT, ATTACHMENT FOR, 94.

CONTRACT, 77, 81, 88-89, 230, 293.
IMPLIED, 82.

PROHIBITED, 28-30.

EXTENSION OF TERM OF.

47. Where the subject matter of a suit between a borough and a light company is a contract wherein it is provided that "it is mutually agreed by and between the parties hereto, for themselves and their and each of their successors and assigns that this contract shall go into effect on the thirtieth day of January, A. D. one thousand nine hundred and eleven and shall expire on the thirtieth day of January, A. D. one thousand nine hundred and sixteen: provided, however, that the borough may at its opinion renew this contract for another period of five years from the thirtieth day of January, A. D. one thousand nine hundred and sixteen, under the terms and conditions hereof." HELD, the word "renew" as used in the contract should be construed to mean, "to continue," or "extend."-Borough of Sunbury v. Northumberland County Gas and Electric Company, 111.

48. Where the borough elects to exercise its option to renew, no additional contract or writing is

made on the contract. The affidavit of defense denied libility, owing to the plaintiff's unreasonable Idelay in answering defendant's last offer. HELD, that a motion for judgment for want of a sufficient affidavit of defense must be denied.-American Insulation Co. v. Lindemuth Engineering Co., 178.

51. The general rule of law in Pennsylvania is that a contract is concluded at the time of the mailing of the acceptance of an offer, and not at the time of its receipt by the party addressed.—Ib.

52. If the offer itself fixes a time within which it must be accepted, the acceptance thereof must be made within the period specified. If no such time is fixed, as in this case, the acceptance must nevertheless be mailed within a reasonable time after the receipt of the offer or it will lapse.-Ib.

53. What is a reasonable time in any case depends upon the location of the parties, the nature of the transaction, the usages of the trade or business in which the parties are engaged, and also upon the previous rules of conduct between the parties themselves in the matters in controversy, and it is a question for the jury.—Ib.

54. The statement must show clearly what itėms of damages or profits are claimed, and the defendant cannot be expected to deny in detail these matters connected with plaintiff's business of which it can have no personal knowledge.-Ib.

PURCHASE BY CARLOAD OR POUND.

55. Defendant agreed to purchase all the "Ohio warehouse leaves" plaintiff had in stock. Plaintiff shipper three carloads, one of which defendant refused to receive, because it contained also some other tobacco. On the trial of the case the Court below charged that "the defendant was not obliged to receive and pay for a car containing tobacco other than" that purchased. HELD, to have been error.Hoffman Leaf Tobacco Co.'s Appeal, 47.

56. Defendants did not buy by the carload, but by the secretary of the company in order to sell the by the pound, and could not refuse the whole carload stock were false. HELD, admissible as an admission because part of it did not come up to the standard. by the company.—Ib.

57. Defendant tendered a check for the tobacco accepted, but wrote thereon "in full to date." Held, that whether the tender was sufficient to free the defendant from interest depended upon whether it was for all that was due.--Ib.

CONTRACTOR, LIABILITY OF EMPLOY-
ER, 157.

COSTS, ON APPEAL, 7.

IMPOSED BY GRAND JURY.

61. Defendant was acquitted of the larceny of a newspaper, and one-half of the whole costs placed on the prosecutor. HELD, that that portion of the verdict must be set aside.-Com. v. Rodgers, 28. 62. The fact that a single newspaper may be of

CONTRIBUTORY NEGLIGENCE, 190, 194, very small money value, was no sufficient ground

197, 331.

CORPORATION,

INSOLVENT, 88, 267-269.

NON RESIDENT, SERVICE ON, 105-112.

FOREIGN.

upon which to ignore the true nature of the act of taking it or impose any part of the costs on the publishers.--Ib.

63. The prosecutor having had good grounds for its prosecution should not have been made liable for any portion of the costs.-lb.

COUNCIL, MEMBER OF, 28-30.

58. The purchase, by a foreign corporation not registered in this State, of book accounts covering a number of transactions with different parties, the COUNSEL FEES, 92, 95-97, 222. collection of which extended over a period of several months, more or less permanent and in line COUNTER CLAIM, 227. of its corporate activities, the corporation at all times exercising complete control over the transactions within the State through its designated agents within the State to carry on these corporate activities, is doing business within this State and is in violation of Article 16, section 5, of the Constitution of Pennsylvania and the Act of April 22, 1874, P. L. 108.-Finance and Guaranty Company v. West Auburn Creamery Co., 19.

COUNTY CONTROLLER, REPORT OF

LIABILITY OF OFFICERS.

59. The liabilities of officers and directors of a corporation, delinquent in the performance of their duties as such, must be determined in the mode proIvided by the Act of July 18, 1863, P. L. (1864) 1102, and April 29, 1874, P. L. 73.-Loux Creamery Co. v. Tice et al., 6.

59a. They are not assets of the corporation so as to give a general receiver authority to enforce them through a proceeding in equity.-Ib.

STOCK SUBSCRIPTION.

60. Where the representations made by an officer of a corporation to obtain a stock subscription are such as he may reasonably be presumed to have authority to make, they are admissible to show the fraud by which the subscription was procured. -Sanitary Casket Protector Co. v. Fisher, 88.

60a. In an action by a corporation on a note taken for a stock subscription, the defendant testified that the president of the corporation gave him information showing that certain representations made

64. The annual report of the county controller made to the court of common pleas of the county, is to be made by the acting controller, and not by an ex-controller.--Controller's Report, 164.

CREDITORS' BILL, 102.

CREDITORS' RIGHTS UNDER RECEIVER
SHIP, 268.

CRIMINAL LAW.

FALSE PRETENSE.

65. Where on the trial of a defendant charged with false pretense it is shown that the defendant falsely represented himself as the insurance adjuster for the company in which the prosecutor, who had sustained a fire loss, was insured, and thereupon the defendant obtained the signature of the prosecutor to a contract employing the defendant to advise and assist in the insurance claim at a fee of ten per cent. of the amount of the adjustment, the case is for the jury, notwithstanding that the defendant proposed to render service for his compensation.-Com. v. KoEune, 201.

66. It was a question for the jury whether the false pretense in obtaining the signature was sufficient to deceive an ordinary prudent man though the prosecutor signed without reading the instrument, which would have shown the falsity of the defendant's representations.—Ib.

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