1868, April 1.... 1868, April 4 1869, March 17 1876, March 31 1876, April 17. 1878, May 24. 1883, June 4.. 1885, June 23.. 1889, May 22.. Insolvency. Cities........ 31 35 1891, May 16.. AUTOMOBILES. Under the special act of April 1, 1868, authorizing the city of Pittsburgh to regulate and license every description of carriages, etc., the city may impose a license fee upon automobiles operated on the streets of the city.. The act of April 23, 1903, regulating and limiting automobiles does not repeal or supersede the act of 1868....... 35 35 BANKRUPTCY. Where the bankruptcy is contested so that the final adjudication is not made until after four months, the proceeding so far as the divesting of property rights is concerned, relates back to the filing of the petition.................... 186 Jurisdiction of a state court over property of which it has obtained possession within four months from the filing of a petition in bankruptcy is dlvested by the adjudication in bankruptcy..... BENEFICIAL ASSOCIATIONS. The by-laws of a beneficial association, which provide that in default of designating beneficiaries, either to the association or by will, the funds shall first go to pay the funeral and medical expenses, will be enforced......... 186 69 Papers....... 109 120 318 324 55 Automobiles....... Marriage.... 35 321 257 1905, April 26.. 1905, April 27.. 1905, May 1.... Collateral inheritance tax 225 Summary conviction......... 279 Game laws...... 84 Pure food... Roads... 84 177 1906, February 7.. Consolidation of cities...... 279 AFFIDAVIT OF DEFENSE. In a suit on an account defendant set-off a claim that he lost a profit on other goods which he had purchased, but plaintiff had failed to furnish. Held, that the affidavit of defense was insufficient......................... 187 AGENCY. Where sale of property is closed up for a woman by her husband, who is her accredited agent in the matter, and he consents without her knowledge that the purchase money mortgage shall be postponed to another mortgage, the postponement is binding upon her, no fraud, accident or mistake being shown..... ...... BONDS. In deposits of state's funds in banks with bonds given to secure them the revenue act of 1887 should be read into the bond and the amount deposited can be increased or diminished by the state without affecting the validity of the bond. Subsequent bonds are not substitutes for former ones, but are cumulative obligation........................173 BOROUGHS. Under the act of 1851 the giving of a bond is a condition precedent to holding the office of borough treasurer, and failure of borough councils to fix the amount of the bond is no excuse for failure to furnish one........................... BRIDGES. The act of congress of March 3, 1899, requiring the secretary of war, when he has reason to believe that any bridge is an unreasonable obstruction to navigation, to give notice to the owners of the bridge to alter it and upon their failure so to do, after first giving said owners an opportunity to be heard in regard thereto, to proceed by indictment to impose the penalty prescribed by the act, is constitutional and within the powers of congress to enact ........... ......................................197 BUILDING AND LOAN ASSOCIATIONS. The act of June 4, 1901, does not authorize the charging of premiums unless there is competive bidding and the money in the treasury is let to the lowest bidder..... 49 Where the by-laws of a building and loan association provide for a fixed premium and there is no competitive bidding the charging of a premium is invalid and a borrower is entitled to have payments of prem um credited on the principal of his debt.......... 49 BUILDING RESTRICTIONS. Board fence 16 feet high is a building within meaning of a covenant "that no building shall be erected on said lot except a single dwelling house". Construction of meaning of covenant in deed providing that house line should be twenty-five feet from the street.......... 227 287 315 ATTORNEY. An attorney-at-law has no power, without the consent of his client, to employ other counsel to do the work for which he himself was employed........ 26 CHARITIES. A gift to charity is not rendered void by a codicil reducing it in amount which is signed within 30 days of death........................... 135 Where contract provides in one part that owner Seceding members of an unincorporated religious COUNTY TREASURERS. Fees of county treasur- 4 74 DIVORCE. When ground of divorce is adultery, A decree in divorce that the husband pay to the What evidence not sufficient to justify divorce for ELECTIONS. Nominations cannot be made by a Where the rules of a party provide for a convention 143 179 264 121 129 An unsigned copy of the objections to the nomina- .......... 166 EQUITY. Where a bill in equity to require the Where defendant has charge of collections and the The answer to a bill in equity for an accounting of 105 106 93 142 DECEDENT'S ESTATES. The Orphans' Court A mortgage was given under decree of Orphans' Allowance will not be made for counsel fees for 123 136 321 An undelivered note of decedent taken with other On a bill in equity filed to restrain a railroad com- ....... 209 The act of May 16, 1891, requiring plans of lots to be approved by the municipality before they are recorded creates a legal discretion which cannot be exercised capriciously It is not unreasonable for councils to ask for and examine a plan for sewer system before approving a plan of lots.................. 127 A, the owner of a farm, agreed with B to sell same for $75,000. B agreed to secure a loan on the property and to devote his time to making sales, and all proceeds over $75,000 were to be divided between the parties. Held, that the agreement created only an agency and was revocable at any time by A.......... Where the owner of two houses, the pipes of one extending through the premises of the other, sells the upper house, the vendee has the right to use the pipes as they exist........... The rule that a purchase of property on which is an obvious easement is subject to that easement does not apply where the easement is owned by the seller....... A railroad company having a right of way by condemnation proceedings has no right to give a telephone company the right to string telephone wires along the property ........ ROADS AND HIGHWAYS. Mandamus against the supervisors brought in the Court of Common Pleas to require a road to be opened will be dismissed...... The Court of Quarter Sessions has jurisdiction to enforce its decree directing that a new road be opened.......... The act of May 1, 1905, P. L. 318, providing for the establishment of a state highway department and the building of public roads under state supervision and by state assistance, supersedes in every particular the former act on the same subject of April 15, 1903, P. L. 188... Second proviso of Sec. 2, of act of April 12, 1905, P. L. 142, delegating to voters of any township of second class, the right to change the system of taxation for working public roads, is unconstitutional 137 156 167 211 267 273 SPECIFC PERFORMANCE. See Equity. When agent who buys property for his principal in his own name, on different terms than those given him by his principal can be compelled in equity to convey to his principal.......... SUMMARY CONVICTION. Act of April 22, 1905, P. L. 284, relating to appeals from summary conviction without allowance by the court is unconstitutional.......... TRUSTS AND TRUSTEES. Neither a trustee 325 282 nor persons interested in a trust estate can make a valid contract for the payment of a certain commission out of the trust estate to an agent negotiating a sale. The measure of compensation is the amount the services are reasonably worth.. 123 Where a trustee has been ordinarily diligent in making investments but has failed to do so within a period of three months after receiving the fund, he is liable only for the interest received on the trust fund.......... A trust for education and support of daughter until she arrives at age of twenty-three is not terininated by marriage before that date and completion of her education.................. 147 243 WILLS. Where provision in a will, directing real estate to be appraised, the law does not authorize the trustee to appraise the property irrespective of the value of the buildings thereon, or to allot a portion of the real estate severed from the improvements ............ 95 Testator gave certain specific preferred legacies and then general legacies covering fractions of the residue, and the remainder of his estate to the general legatees. Held, that in fixing the amount of the general legacies only the specific legacies should be deducted from the funds for distribution............. Where an issue was certified to the Common Pleas to try the question of a lost will, one point in dispute being whether the will was destroyed by the testator, evidence aliunde the pleadings was competent to show what was sctually decided..... 191 Where an alleged last or destroyed will is issued as a defense to the probate of a will of prior date, tactum of the later will may be proved by circumstantial evidence short of the statutory measure.............. 235 ......... 301 Distribution to children under will of their father who have received certain sums and of proceeds of real estate elaimed by him..... Testator's specific bequests and devises of both personal and real estate were followed with the clause, "I give, devise and bequeath any surplus left after the above bequests. to-" Held, that the word "surplus" was the equivalent of residue and carried the remaining estate...................... 305 Where in partition the respective interts of all the parties appear by the pleadings and evidence, claim by disappointed legatees caused by the widow's election, for the ascertainment of the amount of their disappointment, will not be heard by the court prior to the order for partition; it will be referred to the master, who will include his findings thereon with his report.......... 305 Legacy directed to be paid out of testator's "personal estate," is payable out of the proceeds of sale of real estate under discretionary power. The presentation of a claim written six years is good, as against the proceeds of sale of real estate in accountant's hand, although adjudicaton be afterward................... .............. 313 |