PRACTICE (Q. S.): See CRIMINAL LAW; JUSTICE OF THE PEACE. PRESCRIPTION: See EQUITY; EVIDENCE; WAYS. PRINCIPAL AND AGENT: See DECEDENTS' ESTATES; HUSBAND AND WIFE; RAILROADS AND RAILWAYS; SALE. Real-estate-Husband and wife.-When action of wife ratified husband's employment of agent to sell wife's real estate. Hepler v. Scheetz Real-estate-Agent. - Vendor after sale holds as agent for vendee, and his refusal of possession when demanded is notice of adverse possession; when evidence sufficient if believed to establish adverse possession. McMinn v. Cummings PRINCIPAL AND SURETY: See ATTACHMENT; EVIDENCE; INSURANCE; MARRIED WOMEN; PRACTICE; SUBRO GATION. PAGE 116 177 72 OF DEFENSE; BANKS AND BANKING; DECEDENTS' ESTATES; CRIMINAL LAW; JUDGMENT; MARRIED WOMEN. Misnomer of payee as affecting validity of Endorsement. Article Alteration-Banking. - Changing name of bank on note a material alteration and assent of party liable for jury. Berks Co. Trust Co. v. Lyte.. 124 Collateral.-Note given for a debt is only collateral for debt and not a payment thereof unless by agreement which debtor must prove; can recover original indebtedness though took note for less. Am. Eng. & Printing Co. 2. Deichler Fraudulent misuse. Bank cannot recover on note given to renew anothe note and fraudulently misused, where it did not part with its money on the faith of the note. Millersville Natl Bank v. Kunzler Fraud-Notice of.-When plaintiff bank entitled to binding instructions in suit on note, by meeting burden of proving lack of notice of fraud. Lock Haven Bank v. Keath Married woman. - Married woman an accommodation maker who signs a note substituted for one of her husbands and not liable though interest and part of principal paid by her. Bank v. Bear 204 211 313 323 Passenger. May be ejected for refusing to show ticket or pay fare or for offensive language. Douglas 7. P. R. R. 249 Damages for setting fire.-In suit for, statement showing payments for reconstruction should show specifically work and materials furnished by each person. Eshleman . P. R. R. .... 261 Trolley car-Driver.-When driver of wagon negligent in driving in front of car at street crossing. Isecovitz 7. Traction Co. Negligence-Trolley cars. When no suit properly entered in suit for damages for frightening a horse driven on a public road. Orr 2. Traction Co. 81, 337 Negligence Passenger. Must stop .... non 300 340 Negligence. Brakeman jolted from trolley freight car by sudden application of power by fellowworkman can not recover where coupling which broke not shown to be defective. Cover v. Traction Co. City streets-Sidings.-Right to occupy city street given by Act of Legislature does not carry right to construct sidings without permission of city. Harnish v. P. R. R. Co. 361 ..... 353 22 358 PAGE 161 217 REPLEVIN: See AFFIDAVITS OF DEFENSE. Sale or bailment.-When replevin case for jury on question of whether plaintiff had sold or bailed horse replevined. Sahm v. Bair Set-off-Not a permissible defense in replevin. Supply Co. v. Thornton ROADS, STREETS AND HIGHWAYS: See RAILROADS AND RAILWAYS. State aid.-Court can not compel township supervisors to construct a state and road. Highway in Exeter Twp. 29 Turnpike Trolleys Drainage Damages. Turnpike which has leased its road to trolley company not liable for flooding of adjacent land. Buckwalter . Lanc. & Lititz Turnpike Road Co. City streets and sewers -Damages. Owner who has recovered damages for opening of street not entitled also to damages for sewer along street. Carpenter v. Lancaster City Damages.—Damages for opening road are properly assessed against the County. Road v. Fulton Twp. Former report.-When viewers will be appointed to open street beyond a certain point notwithstanding prior report, latter being alleged not to cover street beyond that point. In re High Street 100 134 261 RULES OF COURT: See JUSTICE OF THE PEACE; PRACTICE. Power to establish.-Courts of record have power to establish such rules for regulating practice as, in their discretion, they shall judge necessary or proper, provided that such rules shall not be inconsistent with the constitution and laws of the commonwealth. Oterie & Co. v. Vitale SALES: See AFFIDAVIT OF DEFENSE; EVIDENCE; EXECUTION; EXEMPTION (DEBTORS); JUDGMENT; JUSTICE OF THE PEACE; REPLEVIN. 359 73 172 Warranty Agency.-Where in suit for price of horse sold at public sale the case is for the jury on the question of whether a person present at the sale was agent for the vendor in warranting the horse. Bair v. Burkholder Warranty-Damages.-Measure of damages for breach of warranty is difference in value with and without warranty; price paid for horse evidence of value with warranty but price on resale with little notice would not indicate value without. Reynolds v. Ramsey 193 SHERIFF'S SALE: See EXECUTION; JUSTICE OF THE PEACE; REAL ESTATE. SPECIFIC PERFORMANCE: See CONTRACT; EVIDENCE. STATUTE OF LIMITATIONS: See CRIMINAL LAW; PRACTICE. STREET: See ROADS. SUBROGATION. Surety — Sheriff's interpleader — Judgment. Surety on interpleader bond entitled to have transferred to him the judgment on the issue against his principal and on O. C. award thereon against his deceased principal's estate to a creditor whose claim he has paid although the creditor was also a surety on the bond of the administrator of the principal's estate. Com. v. Froelich 233 Judgment-Volunteer.-A mere volunteer who furnishes money to pay a judgment is not entitled to subrogation. Can obtain but not prevent discharge. Cohick v. Demmy .... SUBPOENA. ........ Evading service of subpoena as Contempt. Article SUMMARY CONVICTION: See FISH LAW; POLLUTION. Appeal. Allowed only for cause shown; notice to magistrate of appeal not necessary. Com. Eitnier 394 23 151 TELEPHONE. PAGE Liability of subscriber.-Not liable for TRUSTS AND TRUSTEES: See WILLS. -A trustee after accounting and paying interest for eighteen years cannot withdraw his account on the death of the cestui que trust on the claim that part of the principal belonged absolutely to the latter Laub's Estate.... TURNPIKE: See ROADS. VENDOR AND VENDEE: See CoN- (DEBTORS); INSURANCE; JUSTICE OF WARRANTY: See AFFIDAVIT OF DE- WATER RIGHTS: See DAMAGES; Evi- Riparian owner.-When entitled to dam- Same. When entitled to damages for deprivation of water. Hoober V. Water Co. 89 121 225 265 377 Administrator and guardian - Commission.-One who is both administrator and guardian can not claim commissions in both capacities on the same funds. Ib. Guardian-Services. A guardian will not be allowed for extraordinary services, more than his commissions for looking after a farm and going there a half dozen times a year. Ib. Guardian-Credits. May take chances of future approval by court and spend and take credit for moneys not previously allowed. Ib. WIDOW: See WILLS. WIDOWS' EXEMPTION: See EXEMPTION (WIDOWs). PAGE 17, 169 WILLS: See DECEDENTS' ESTATES. Construction.-When devisee takes fee notwithstanding devise over. Sellers 2. Myers Same. A devise for life with devise over is not enlarged to a fee by charges upon it or by a power of sale. Hinkle's Estate 36 25 26 31 125 140 Same-Direction to sell.-Direction in will that real estate be sold implies that sale is to be made by executor although other parties claim title and the court will so order. Beecher's Estate The Martin Will Case. Article Widow.-When "widow" in will refers to testator's first wife as taker of a trust and not his second wife. Trout's Estate Devise-Rule in Shelly's Case.-When use of word "heirs in will conveys fee by necessary implication under Rule in Shelly's Case. Hamaker v. Steffy Construction-Per capita.-When distribution properly made to nephews and nieces of testator per capita as directed by his will, although a codicil directed distribution according to "the intestate laws" and a sister and brother survived. Brackbill's Estate 185 Construction-Per stirpes.-Under a devise to "all my nephews and nieces living at the time of my decease and the issue of any of them dead per stirpes," the distribution should be per capita, none having died after the making of the will. Esbenshade's Estate 230 Effect. A will should be construed to take effect immediately before the death of the testator. Bealor's Estate 237 "Lawful issue."-Bequest to does not include child adopted after death of testator. Ib. Construction. When restrictive words of will do not lessen a fee simple previously granted. Rengier v. Kunzler 288, 289 WITNESS: See EVIDENCE; PRACTICE. Detention of witness without Compensation. Article 95 |