DOMESTIC ANIMALS: See CONSTITU-
TIONAL LAW; CRIMINAL LAW.
EJECTMENT: See LANDLORD AND TENANT.
EMBEZZLEMENT: See CRIMINAL LAW.
EMINENT DOMAIN: See DAMAGES.
EMPLOYER AND EMPLOYEE: See
AFFIDAVIT OF DEFENSE; ATTORNEY-AT
LAW; NEGLIGENCE; PRACTICE; RAIL-
ROADS AND RAILWAYS.
Discharge-Wages.-Employee may be
discharged for misconduct on payment
of wages to end of next payment
period; what constitutes misconduct;
this a question for court, with facts,
if disputed for jury. Barr v. Ameri-
can Caramel Co.

When payable monthly con-
sidered payable at end of month; such
contract severable monthly. Harvey
v. Richardson

Workmen's Compensation Legislation.
Article.

Damages-Negligence.-When employee
assumed risk in unloading logs from
wagon without skids being fastened;
must show negligence of emplover
was proximate cause; liability for
court where facts not disputed.
Gallicher v. Kinports.

Mc-

PAGE

EQUITY: See CONTRACT.
Jurisdiction-Estate of living person.-
Equity has no jurisdiction to enjoin
the exercise of undue influence over
a living person, and interference with
his estate. Felding . Witmer
Allegations of bill.-Must be taken as
true when not denied although proof
demanded. Wrightsville Hardware
Co. v. Assets Realization Co.
Cross-bill-Practice. Where defend-
ant offers matters beyond a mere de-
fense and seeks affirmative relief he
must file a cross bill which will be
considered with the original bill.
Davis v. Willig
Same-Prescription. Where plaintiff
under protection of preliminary in-
junction moves a line fence and de-
fendants file a cross bill showing pre-
scription, plaintiff will be enjoined
from preventing defendant's putting
back the fence, they being entitled to
possession until plaintiff establishes
title by law. Ib.

Water-rights-Land owner cannot en-
join neighbor from building wall
across abandoned mill race used for
drainage where it enters his land;
trespass proper remedy. Nissley v.
Drace

ERRORS AND APPEALS: See JUSTICE
OF THE PEACE; PRACTICE; SUMMARY
CONVICTION; WEAK-MINDED PERSONS.
ESTOPPEL.

Undivided interest-Recitation in deed.
-When recitation in deed inconsis-

I

91

160

220

69

145

209

tent therewith does not estop claim of
undivided interest in land conveyed,
nor does failure to stop building on
land unless plaintiff knew of his title
at time; no estoppel where truth is
or could be known by both parties.
Zeigler v. Stauffer

EVIDENCE.

Expert opinion. Not error to charge
that jury should follow opinions of
expert witnesses if facts true. Lands-
kron v. Graber
Burden of proof.-Where a party has
the burden of proving a negative, and
the subject-matter lies peculiarly with-
in the knowledge of the opposite party,
full proof is not required, it is con-
sidered sufficient if he offers such
evidence as, in the absence of counter
testimony, would afford ground for
presuming that the allegation is true.
Com. v. Myers

PAGE

105

3

II

73

Self-serving letter. On the trial of a
cause, a letter written by the plaintiff
to the defendant repeating the same
objections made in a prior letter, in
answer to a letter from the defend-
ant, may be regarded as also written
in reply to the defendant's letter, and
not merely a self-serving declaration,
and may be admitted in evidence.
Oterie & Co. v. Vitale
Husband and wife-Real estate agent.-
In suit for commissions by real estate
agent engaged by husband to sell
wife's property, evidence is not ad-
missible that at time of sale wife was
negotiating with another party; evi-
dence of mental incapacity of husband
to contract not admissible where wife
ratified acts. Hepler v. Scheetz ..... 116
Water-rights- Prescription.-In water-
right case evidence that former own-
ers had backed water on plaintiff's
land inadmissible as prescription lost
because no dam was there for period
before defendant erected his. Hess
v. Hess
False pretense. Daily reports of em-
ployee who was receiving money on
false pretense that he was working
for this employer alone, not admis-
sible in evidence. Com. v. Snyder.... 129
Contract-Specific performance.-Where
subject matter completely identified by
writing, it may be identified and lo-
cated by parol evidence. Wrights-
ville Hardware Co. v. Assets Reali-
zation Co.
Privileged communications.—Admissions
and matters learned by an attorney
while drawing up a will to settle a
claim by a legacy are not privileged.
Good v. Good's Ex'r
Contract. Surviving party to contract
may testify as to what happened in
presence of third party. Good 2'.
Good's Exr.

121

145

171, 172

171

to

Contract of sale-Agent.-Evidence of
representations by agent at sale not
admissible in suit on contract which
forbids agent to change it. Interna-
tional Harvester Co. v. Leeking
Fraud. Great latitude allowed in case
of fraud. Bank v. Kunzler
Damages-Water-rights-Real Estate.-
In action for damages against a water
company for appropriating certain
springs, evidence permissible as
how long water taken would run plain-
tiff's mill, as to leakage and want of
repair of dam; much latitude should
be allowed witnesses as to land dam-
ages; competency of witnesses as to
values. Hoober New
V.
Holland
Water Co.
Insurance-Proofs. - Letter by agent
after fire not admissible to show
waiver as to time of filing proofs of
loss. Edelson v. Ins. Co.
Book entries-Sale-Loan.· - Book en-
tries competent proof of sale of goods
but not of money advanced. Hill's
Estate
EXECUTION:

FOR

See ASSIGNMENT
CREDITORS; ATTACHMENT UNDER ACT
OF 1869; EXEMPTION (DEBTORS); HUS-
BAND AND WIFE; JUDGMENT; JUSTICE
OF THE PEACE.
Interpleader-Costs. - Non-resident de-
fendant in interpleader need not give
security for costs. Hilton v. Leibig
Mfg. Co.
Sheriff's sale-Notice.-Not necessary to
give notice to terre tenant on execu-
tion on judgment against former
owner. Peoples Trust Co. v. Mc-
Grann
Sheriff's sa e.-Not to be set aside for
adequacy of price alone. Ib.
Sheriff's return of levy.-Can not be
contradicted where full and explicit.
Herr's Ex. v. Krady.

EXECUTORS

ex-

AND ADMINISTRA-
TORS: See DECEDENTS' ESTATES;
SUBROGATION; WEAK-MINDED PERSONS.
XEMPTION (DEBTORS): See JUDGMENT.
Landlord and tenant-Bankruptcy.
Landlord may
distrain goods
empted in bankruptcy under lease
waiving exemption. Eger v. Bank
Justice's transcript-Waiver.-Exemption
waived before justice cannot be claimed
on entry of transcript in C. P. Potts
v. Guhl et al
Bankruptcy-Execution.-Exempt prop-
erty in bankruptcy proceedings may be
sold on previous execution on judgment
waiving bankruptcy. Herr's Ex. v.
Krady

EXEMPTION (WIDOWS).

Married daughter.-Entitled to exemp-
tion when living in family relation
with father. Stevenson's Estate
FALSE PRETENSE: See CRIMINAL LAW.
FEES: See ATTORNEY-AT-LAW; COSTS.

PAGE

211

251

377

83

ΙΟΙ

331

44

68

331

77

Lease. When rule to open judgment on
lease should be discharged. Weaver
2. Fager
Scire facias-Transfer of property.-No
defense that defendant transferred
property to another who agreed to as-
sume judgment. Dassinger . Danz 18
Note-Opening of. Judgment opened

123

180

on testimony of defendant that he did
not sign note. Capital City Art. Limb
Co. v. Daveler
Set-off-Exemption (debtors). - When
exemption can not be allowed to be
added to the balance due on setting
off a judgment in contract against a
greater judgment in tort. Ehrhart .
Esbenshade ...
Deed Restriction-Levy. A daughter
of a grantee with a restriction not to
enter a judgment who nevertheless did
confess a judgment, will not be heard
to strike off the levy of an execution
thereon. Wike . Schlotthauer
ote-Sale. - Judgment on note for
price of machine will not be opened
because machine not satisfactory
where provisions of contract in such
case not followed; oral agreements
can not vary signed contract. Inter-
national Harvester Co. v. Leeking.. 196
Conclusiveness. Judgment conclusive
as to every defense that might have
been presented. Peoples Trust Co. v.
Ehrhart

Set-off-Husband and wife.-Judgment
opened generally can not be set off
against another not opened; where
husband and wife each owe whole
amount, judgment may be set off
against one held by husband alone.
Hoffman v. Pennell
Foreign judgment. Nul tiel record and
payment only defenses to. Bank v.

Andes

180

201

325

393

32

37

Practice-Landlord and Tenant. In pro-
ceedings for possession of leased
premises notice on door insufficient;
certiorari need not be taken out with-
in ten days. Eisenberger v. Sulzner 46
Trespass-Damage to crops-Waiver.-
Justice has jurisdiction in action for
damages to growing crops by cattle;
owner must show that he tried to
fence his cattle in as defense; suffi-
ciency of fence for jury unless ad-
mittedly temporary and insufficient; too
late after plea on appeal to claim
trespass was in adjoining county.
Hall v. Kreider
Possessory proceedings-Appea'.-Fi. fa.
may issue on judgment on appeal from
judgment on sci. fa. to revive judg-
ment for damages in possessory pro-
ceedings.
Trust
Peoples
Co.
Ehrhart
Laws-Repeal of acts.-Repeal of parts
of Acts of June 16, 1836, P. L. 755
will not invalidate proceedings there-
under. lb.

65

201

293

Same. In order to sustain conviction Commonwealth must show that substances put in streams are injurious to fish. Com. v. Crowther Barnyards.-Order of Health Commissioner sustained against draining barnyard into mill-race. Brinton's Appeal 356 PRACTICE (C. P.): See ASSIGNMENT

FOR CREDITORS; ATTACHMENT UNDER
ACT OF 1869; EQUITY; INSURANCE;
JUSTICE OF THE PEACE; RULES OF
COURT.

Judgment l'erdict. Court may enter
judgment n. o. v. although no excep-
tion was taken to charge or refusal of
defendant's points and no question of
law reserved. Spigelmyer . Hess..........
Jurisdiction.-Question can be raised any
time. Metzgar's Estate

were

New trial.-Plaintiff making no request cannot complain of items of claim not submitted to jury in retrial on record of former trial where they omitted. Hart v. Drumm Vox et Præterea Nihil. Article New trial-Witnesses.-Evidence of conversation indicating an agreement between witnesses not to testify against one of the parties on a trial not ground for a new trial unless shown to have been acted upon. Becker '. Elizabeth Twp. Errors.-Affirmation of point not consistent with general charge not reversible error where no injury shown by verdict. Hilton . Leibig Mfg. Co.

49

51

Bill of particulars.-Matter of grace in tort but where plaintiff undertakes to particularize he should do so with some certainty. Eshleman v. P. R. R. Co. Trespass. When proper remedy for damming mill race. Nissley v. Drace 269 Assumpsit.-Lies for value of personal property left on premises of defendant and sold by him. Reilly & Holman v. Holman Wages-Custom.-Charge of customary

284

345

347

Trespass. Action of trespass quare claus um fregit not proper unless plaintiff had possession where land is improved. Albright 7. Zeigler ... Insolvency. When hearing allowed on application for discharge notwithstanding long delay. In re Philip Butt... 370 Same-Bond-Costs.-When defendant will be discharged and exoneratur entered in bond forfeited by failure to appear notwithstanding long delay on payment of costs. In re Philip Butt. 371 Guardian of weak-minded person Judgment. Counsel for guardian of weak-minded person can not order entry of judgment for balance due from former guardian; how alone judgment can be entered. Wesley, guardian v.. Whiteside, guardian 385 Same-Appeal.-Appeal by former guardian, as guardian, not a supersedeas if no bond filed. Com. v. Whiteside 386 Surety Judgment—Guardian. Judg

Ib.

ment can not be obtained on bond of former guardian until balance owed to his successor is finally ascertained; proceeding against sureties should not be set aside but contined. Rules of court-Abatement.-Rule as to abatement on death of party void for want of provision as to notice to representatives. Manchester v. Addy .. 391 PRACTICE (O. C.).

Jurisdiction.—Question of, can be raised any time; cannot be given by consent. Metzgar's Estate

51

89

Petition. Should aver that petitioner believes and expects to be able to prove its allegations. Laub's Estate Missing distributees.-Confirmation suspended as to shares of. Beam's Estate 141 Interest.-Must be computed by claimant. Craig's Estate

Death of Executor.-A balance in a decedent's estate, on the death of the executor, may be awarded direct to the parties entitled thereto instead of to an administrator d. b. n., where distribution is the only matter necessary to complete the administration. Hinkle's Estate

165

231

Account-Review-Notice. Review will not be granted for want of notice, where account properly advertised or where the award objected to has been paid; except where improperly paid to accountant himself. Small's Estate 374