religious exercises are not compulsory, the Illinois court states: "That suggestion seems to us to concede the position of the plaintiffs in error. The exclusion of a pupil from this part of the school exercises in which the rest of the school joins separates him from his fellows, puts him in a class by himself, deprives him of his equality with the other pupils, subjects him to a religious stigma, and places him at a disadvantage in the school, which the law never contemplated. All this is because of his religious belief. If the instruction or exercise is such that certain of the pupils must be excused from it, because it is hostile to their or their parents' religious belief, then such instruction or exercise is sectarian, and forbidden by the Constitution."
It has sometimes been stated that only parts of the Bible are sectarian, and therefore only such parts are within the constitutional prohibition. The Illinois. court disposes of this contention by stating: "If any parts are to be selected for use as being free from sectarian differences of opinion, who will select them? Is it to be left to the teacher? teacher may be religious or irreligious, Protestant, Catholic, or Jew. To leave the selection to the teacher, with no test whereby to determine the selection, is to allow any part selected to be read, and is substantially equivalent to permitting all to be read.'
Thus, amidst the clashing of doctrines. and sectarian controversy, although the weight of judicial opinion is to the contrary, the judicial tendency seems to be, as shown by the Illinois case, to prohibit reading from the Bible even in the absence of a constitutional provision directly prohibiting sectarian instruction. in the schools, unless there is some law requiring or allowing it.
A lawyer who makes a specialty of patent cases was once engaged in a case before a country justice.
"Who are you, anyway?" demanded. the justice.
O. C. ADJUDICATIONS. Thursday, October 29, 1914. By JUDGE SMITH.
Barbara Weaver, Warwick. George Evans, East Drumore. Jacob L. Landis, East Lampeter. Susan Worst, Salisbury. Harry E. Powell, city. Harriet Gealbaugh, city.
William K. Winters, Elizabethtown. Martha E. Lehr, East Lampeter. S. J. Bailey, city.
Martin L. Greider, Mount Joy Twp. J. O. Buckwalter, city.
Susan Miller, Providence. William Funk, West Donegal. Edith M. Morton, city. C. M. Rhoads, Pequea.
1790, May 20, judgment of other state.... 1806, March 21
1807, May 24, attachment
1810, March 20, justices of the peace 1814, March 22, justices of the peace 1817, February 3, justices of the peace 1833, April 8, devises of 1eal estate,
1834, February 24, decedents' estates 1836, June 13, road law
1851, April 14, widows' exemption 1860, March 31, criminal code.
1863, June 16, Orphans' Court 1869, March 17, attachment 1872, May 10, L. & R. N. G. R. R. Co. April 12, note for patent right
1873, April 3, L. & R. N. G. R. R. Co.
1874, April 29, corporations
May 14, road law
1876, April 17, summary conviction 1879, July 7, justices of the peace 1883, June 4, railroads
June 20, computation of time June 27, fire insurance
1887, May 6, collateral inheritance tax
ADMINISTRATORS: See EXECUTORS
AND ADMINISTRATORS.
ADOPTION: See WILLS.
ADULTERY: See CRIMINAL LAW.
AERIAL NAVIGATION AND INTER-
AFFIDAVIT OF DEFENSE. Wages - Discharge. - When affidavit sufficient as to claim for additional salary due if plaintiff's services were "reasonably satisfactory" but insuffi- cient as to claim for original salary under contract. Barr v. American Caramel Co. Notes-Consideration.-In suit on pro- missory note affidavit is sufficient which avers as part of consideration that plaintiff should remain for three years in defendant's employ which he failed to do. Godman v. Griffith Inferences.-Court will not make infer- ences of facts necessary to enter judgment for want of a sufficient affidavit. Ib. Sales-Collateral oral contract. In suit for price of machinery under written contract, affidavit insufficient which avers oral agreement that machinery must work satisfactorily before pay- ment. J. B. Colt & Co. v. Diffenbach 75 Wages. In suit for work done in May affidavit not sufficient which avers payment in full in April. Simmons v. Edelson Presumption.- Affidavit presumed as strong as possible for defense and facts not denied taken as true. Ib. Wages-Contract. In suit for month's wages under written contract, affi- davit sufficient which avers that plain- tiff stopped work without cause, con- tract payable monthly is severable monthly; monthly wages payable at end of month. Harvey v. Richardson 91 Sales-Warranty-Rescissions.-In suit for price of horse affidavit sufficient which avers that horse was not as warranted and too sick to return be- fore his death. Degen & Pioso v. Sondheimer
1893, June 8, married women
1897, May 26, sheriffs' interpleader
1901, May 16, negotiable instruments ..
1905, March 10, duplication of criminal
Sale. When in suit for price of goods sold affidavit insufficient which in gen- eral terms denies quantity of goods al- leged to have been received. Stoner 7. Bowermaster Lease goods-Replevin-Set-off.—In re- plevin for goods leased, affidavit is insufficient which avers that defendant had overpaid plaintiff on another lease: set-off must be stated in affi- davit with same particularity as is re- quired in statement. Lanc. Supply Co. . Thornton
Sale. In suit for price of goods, affi- davit sufficient which avers that plain- tiff had agreed to deduction on count of defect in goods. Bailey v. Landis Belief.-Sufficient to set forth that facts are true and defendant expects to be able to prove them. Ib. Replevin bond-Set-off-Damages.
action on replevin bond, affidavit suf- ficient which alleges set-off for dam- ages ex contractu. Hensel's Use v. Hertzler Note-Parol agreement. In suit on note affidavit insufficient alleging parol agreement that note not to be paid but no averring fraud, accident or mistake. Farmers Trust Co. Admr. 2. Crawford Judgment. On sci. fa. to revive no defense permitted, except it arose since judgment, if before judgment should be opened. Evans v. Brinkman ... Salary-Payment. When in suit for salary affidavit sufficient which avers payment, for time defendant worked and failure to employ assistant for whom he collected wages. Wonders 7. Gunzenhauser Foreign judgment.-Affidavit insufficient in suit on foreign judgment which avers as payments transactions which occurred before the judgment. Hess- ton State Bank 7. Andes. AGENCY: See PRINCIPAL AND AGENT. ALDERMEN: See JUSTICES OF THE PEACE. ASSIGNMENT FOR CREDITORS. Execution.-Execution against personal property will be stayed on assignment within four months and judgment be a preferred claim unless collusion be shown or intent to prefer. Hagen's Assigned Estate Practice-Unproved claims. Unproved claims may be prescribed and allowed by auditor. Ib. Judgment.-Entered within four months preferred claim against proceeds of real estate where no preference in- tended; but not including attorney's fee not liquidated on scire facias. Wright's Assigned Estate Crops.-Proceeds go to lien creditors. Ib. ASSUMPSIT: See PRACTICE.
ATTACHMENT: See FOREIGN ATTACH- MENT.
ATTACHMENT UNDER ACT OF 1869. Issue-Practice-Possession. - No time
within which sheriff required to ask for issue; may be granted ten months after judgment although goods in meantime levied on under another exe- cution on which another issue was granted; failure of sheriff to take pos- session does not affect levy. Witmer 7. Killian ... 199 ATTORNEY-AT-LAW: See LAWYER. Fee. Where additional council em- ployed and two work for same results but not as colleagues, fee for such services should be. Gerz' divided. Estate AUDITORS.
Transcript from justice-Husband and Wife. An attachment on a transcript from a justice against a husband and wife, the wife can not defend on ground that she was a surety. Potts 7. Guhl et al.
Self-incrimination of automobile drivers. Article ...
Babylonian Laws. Article
BAILMENT: See REPLEVIN.
BANKRUPTCY: See JUDGMENT.
Affect of Bankruptcy on Insurance Policy. Article
Affidavit of defense.-Rule for judgment for want of sufficient affidavit sus- pended by bankruptcy. York Utility Co. v. Fisher
BANKS AND BANKING: See CRIMINAL LAW; EXEMPTION (DEBTORS); PROMIS- SORY NOTE; SALES.
CONTEMPT OF COURT: See SUBPOENA. CONTRACTS: See AFFIDAVIT OF DE- FENSE; CORPORATIONS; CRIMINAL LAW; EMPLOYER AND EMPLOYEE; EVIDENCE; JUDGMENT; MARRIED WOMEN; RAIL- ROADS AND RAILWAYS. Failure to read.-No excuse for failure to read written contract before sign- ing. Colt & Co. v. Diffenbach ... Real Estate -Specific performance.- Specific performance can be decreed against a third party who purchased real estate after notice of contract to sell to another; subsequent sale of per- sonal property no defense. Wrights- ville Hardware Co. v. Assets Realiza- tion Co. et al. Same-Vendor and vendee. - Advance payment by vendee "returnable on de- mand" means demand by vendee. Ib. Tender.- Party who alone knows exact amount that should be tendered, and makes no objection to tender with offer to perform cannot afterwards question tender. Ib. Weaver v. P. R. R. Release of-Set-off-Real estate com- missions. Effect of letters releasing mutual contracts for court; when un- der mutual agreements amounts due for purchase money should be set- off against commissions. Hepler v. Sweet
CONTRIBUTORY NEGLIGENCE: See NEGLIGENCE.
CORPORATIONS: See FOREIGN AT- TACHMENT.
Contracts for stock-Damages.-Corpor-
ation not liable for failure to deliver stock under contract, without previous demand, no time being designated. Weaver v. Box Co. COSTS: See EVIDENCE; JUSTICE OF THE PEACE; WEAK-MINDED PERSONS.
COURTS: See JUDGES; SUBPOENA. History of Lancaster District Court. Article
CRIMINAL LAW: See EVIDENCE; JUs- TICE OF THE PEACE.
Jurisdiction of Q. S.-Cruelty to ani- mals. Quarter Sessions Court has no jurisdiction over charge for cruelty to animals under Act of May 6, 1909. Com. 7. Lilash Limitation.-Defendant cannot move in arrest of judgment where found by jury to have been a fugitive, what evidence sufficient to fulfill burden of proving that defendant was fugitive. Com. v. Myers
Bad check-False pretense-Bank. In- dictment for false pretense in giving bad check must allege particulars of refusal of bank to pay. Com. v. Mahoney...
Larceny of note-Indictment. ment for larceny of check given for renewal need not aver trick or artifice; signed note subject of larceny whether or not paid. Com. v. Lansinger .... 55 Adultery Husband and wife - Prac- tice. Indictment for adultery on in- formation by husband will not be quashed. Question should have been raised on proceeding for discharge before indictment. Husband's testi- mony before grand jury presumed not to have been on incompetent mat- ters. Com. v. McNew Larceny of note. When indictment sufficient for larceny of note. Com. v. Howell False pretense-Contract. -- No defense that money lost through a contract when false pretense induced contract; false pretense need not be made at time money is paid. Com. v. Snyder. 129 False pretense-Corporation.-Not de- fect for indictment to charge false pretense to corporation and not to officers thereof. Com. v. Kauffman. 137 Same-Indictment. - Transcript from justice sufficient if it gives fair notice of nature of offense; contradictory statements in complaint do not matter if it sustains indictment. Ib. Disorderly house. When offense prop- erly charged and no variance. Com. v. Galebach Domestic animals act.-Jndictments un- der Act of July 22, 1913 for driving diseased cattle should be quashed as Act is unconstitutional. Com. V. Falk and Weber 181, 184 Murder-Self-defense. Where defense is self-defense it must be shown by a preponderance of testimony and be- yond a reasonable doubt. Com. v. Lindsay Same.-Right to repel with any violence necessary an invasion of one's home does not apply to boarder. Ib.
New trial.-Will not be granted for error in charging jury that if they found certain facts they could convict defendant of murder where the ver- dict was guilty of voluntary man- slaughter. Ib.
Larceny of bailee-Note.-Conversion of note given to renew other note is larceny by bailee; offense committed when accused converted note to his own use not when he got possession; mere continuance of possession in ab- sence of demand to return not con- version. Com. v. Dissinger Murder—Amendment.-Indictment for murder alleging date not yet arrived may be amended after verdict; formal defect must be taken advantage of, before jury sworn and is not ground for arrest of judgment after plea. Com. v. Tassone. Same-Limitation.-Statute does not run in homicide cases and time no ele- ment. Ib.
Embezzlement by school tax collector.-
When indictment for under Sec. 566 of School Code sufficient; need not set forth names of people who paid tax; Sec. 28 of Criminal Code does not apply; when indictment not void for duplicity. Com. v. Klugh
Bigamy. Not a continuing crime as co- habitation not an essential ingredient. Com. . Beekman Bigamy-Adultery. When defendant guilty of adultery but not bigamy. Ib. DAMAGES: See AFFIDAVIT OF DEFENSE; CORPORATIONS; EMPLOYER AND EM- PLOYEE; EVIDENCE; JUSTICE OF THE PEACE; LANDLORD AND TENANT; NEGLIGENCE; RAILROADS AND RAIL- WAYS; ROADS; SALE. Water-rights Eminent domain
Viewers.-The scope of duties of the duly appointed board of viewers un- der the Act of 1911 includes assess- ment of damages to land by the di- version of natural stream by water company under right of eminent do- main. Strine 7. York Co.
DECEDENTS' ESTATES: See COLLA- TERAL INHERITANCE TAX; EXEMP- TION (WIDOW); PRACTICE (O. C.); TRUSTS; WILLS.
Services. Stepfather of deceased minor allowed claims for services in addi- tion to boarding and nursing. Fritz's Estate
whether evidence rebuts this is for court. Hart 2. Drumm. Presumed decedent.-When court may order distribution of estate of with- out refunding bonds. Sherwood's Estate Surcharge. When executor will be sur- charged with proceeds of certificate of deposit handed to him by decedent before his death. Parmer's Estate... 153 Note. Will be paid when given before decedent's death when given for ser- vices. Craig's Estate 165 Judgment-Dividend.-Where, on dis- tribution, a dividend is awarded on a judgment against a decedent, which was partly paid out of the proceeds of a sale of real estate, the dividend should be computed only on the un- paid balance, if the payment was made before his death. Bittner's Estate ... 232 Presumed decedent.-Fixing of presump- tion excludes any presumption of death before the expiration of the seven years; income on bequest of a life runs to date on which presumption arose. Bealor's Estate Hahn's Estate Boarding. When claim by son-in-law for boarding should be allowed. Shenk's Estate Note. When note presented should not be allowed, it bearing an im- possible date and having apparently been substituted for the original note which was not presented. Heisey's Estate
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