95. The question of priority of liens can | DOCKET, 50.
only arise on distribution.-Schall's Ap-
peal, 199.

SUBROGATION.

96. Where an undivided interest in real
estate is sold at sheriff's sale, and taxes on
the entire property are paid out of the pro-
ceeds of the sale, a judgment creditor dis-
appointed thereby is entitled to be subro-
gated to the claim of the owner against his
co-tenant's proportion of the taxes.-King
r. King, 55.

97. The judgment creditor's rights are
superior to those of an assignee of the
original owner.—Ib.

DIVORCE.

ALIMONY.

107. Respondent presented his petition,
averring that libellant induced him to deed
to her his property yielding an income of
$2,000 per annum, and within a month
thereafter she brought this action for
divorce; that she drove him from his home
and that he has only a small income; and
praying for an allowance of $1,000 as coun-
sel fees and alimony during the continu-
ance of the suit. HELD, that the petition
must be refused.-Runkle v. Runkle, 121.

108. If a man does not injure his creditors
by the act, he may present his wife with
all his estate and effects; and if he un-
wisely, to his own injury, yields to her per-
suasion and strips himself of all his prop-
erty, he is without standing to invoke the

98. A subsequent lien creditor whose lien
is not reached in the distribution of the real
estate fund is entitled to be subrogated to
the rights of the prior lien creditors to a
dividend out of the personal fund, and the
assets will be so marshalled.-Emig's As-aid of the Court, when, as in this case, she
signed Estate, 97.
drives from home and brings an action for
divorce.-Ib.

TWO COUNTIES.

99. The Assignor's real estate was sit-
uate in two counties. HELD, that the fund in recognition of the husband's
must be distributed according to the
priority of lien in each county.-Emig's
Assigned Estate, 97.

109. Alimony is an allowance to the wife

TWO FUNDS.

common

law liability to support her. Therefore in
the absence of legislation readjusting
domestic relations and allowing it, there
being no corresponding liability on the part
of the wife to support her husband, alimony
cannot be granted to him.-Ib.

BILL OF PARTICULARS.

100. The Auditor failed to award to the
lien creditors their pro rata dividend in the
personal property of the assignor. HELD, 110. Defendant's petition asked for a
that the exceptions filed on these grounds more specific bill of particulars of the al-
must be sustained.—Emig's Assigned Estate,leged grounds for divorce, averring that

97.

101. The Auditor failed to equitably
divide the expenses of administration and
distribution between the realty and per-
sonalty. HELD, that exceptions thereto must
be sustained.—Ib.

102. Lien creditors must be let into a pro
rata with general creditors, on the per-
sonal property, retaining their liens on the
realty for the residue.-Ib.

TWO STATES.

he was unacquainted with the persons with
whom he is charged with having committed
adultery; that he fears a compact between
libellant and witnesses to procure the divorce
by prejudiced witnesses; and asked for
particulars setting forth the number of
offences intended to be charged, with the
the original bill was "as full and complete
names and dates. Libellant replied that
as she is able to make it," and referred to
the charges of perjury as "impertinent and
scandalous, and requiring no answer."
HELD, that the petition must be denied.—
Runkle v. Runkle, No. 2, 122.

111. An allegation charging the commis-
sion of adultery by the respondent, naming
the house in which the acts were commit-
ted, the names of the parties with whom
committed and confining the time to a few
months. is sufficiently specific.-Ib.

103. The fund for distribution arose
from the sale of the personal estate of the
decedent whose domicile was in Maryland.
Under the direction of the Court the Audi-
tor awarded the entire balance to the ad-
ministrator of the domicile for distribution
under the laws of that State. On excep
tions filed, HELD, that the exceptions must
112. To require a party before trial to
be sustained.-Ehrhart's Estate, No. 2, 134. name their witnesses will lead to great
104. Where there are claimants within abuse in affording the opposite party an
the jurisdiction of the ancillary administra-opportunity to suborn, corruptly influence
tion, and no unpaid debts within the domi- or spirit away the witnesses named before
cile, the assets are not to be transmitted the day of trial, or to manufacture false
to the administrator of the domicile.—Ib. testimony to contradict the evidence of the
witnesses whose names were required to be
furnished.—Ib.

105. But the distribution must be made
according to the laws of the domicile.-Ib.

106. Before a distribution is made in this
State, the Auditor will be required to pass
upon the fact as to the existence of unpaid
debts, either in this State or the State of
Maryland. Ib.

CAUSE.

113. The libel was demurred to because
it alleged desertion and cruel treatment.
HELD, that the demurrer must be dismissed.
|—Clark v. Clark, 28.

114. The injured party, when obliged to charged the same rate; that the total pop-
seek a legal discharge from the marriage ulation of the county was 116,413; and that
contract, ought to be allowed to assign in
a single livel as many statutory causes as
he may be able to prove.—Ib.

there are 19 newspapers published in said
county. The Commissioners refused to pay
the bill. The Court below found for the
be affirmed.-York Gazette Co.'s Appeal, 46.
defendant. HELD, that the judgment must

120. The words "in not more than four
weekly or daily newspapers," in the Act of
June 23, 1885, P. L. 144, are not repealed by
the words "in at least three newspapers,"
in the Act of June 26, 1895, P. L. 393.-Ib.

121. When an apparent conflict is pre-
sented by different parts of the same Act it
is the duty of the courts to reconcile them,
if possible, by such construction as will
give effect to all the parts.—Ib.

122. The two acts may well stand to-
gether and each supply what is lacking in
the other, namely, the maximum number
of publications in the Act of 1885, and the
minimum number of the Act of 1895. The
Acts can be read and stand together to
read "in at least three and not more than
four newspapers.”—Ib.

116. The parties were residents of New
York, were married in that State in 1893,
and lived there for one year when respond-
ent deserted his wife. For the last four
years he has resided in Montgomery
county, Pennsylvania. The libellant has
alway lived in New York. HELD, the
Montgomery county courts have no juris-
diction to decree a divorce. Her claim of
123. This construction is not only justi-
residence within this Commonwealth is fied by the language of the Acts, but by a
based entirely upon the ground that the proper interpretation of the will of the
domicile of the wife follows that of the
husband, but in order to give jurisdiction
it must appear that the libellant had an
actual residence in the State for the term
of one year.-Bok v. Bok, 54.

PRIOR ACTION.

Legislature, to wit, "to accomplish the ob-
ject of giving proper notice of the election
and at the same time to avoid imposition
and unnecessary expense upon the coun-

ties. -Ib.

124. The Sheriff has the right of selecting
which newspapers shall be paid by the

117. The pendency of a prior action for county, and the county is not liable to any
divorce is a bar to a subsequent proceed-newspaper until he makes his selection.-
ing.-Clark v. Clark, 28.

EJECTMENT.

RIGHT OF ACTION.

Ib.

125. It is not to be understood that be-
cause the county is directly liable for the
advertising expenses incurred under this
Act, that there are no limitations to the
price the Sheriff would agree to pay. In
his acts as agent of the public, even within
his discretionary power, he must exercise
reasonable diligence and caution, and see
that the taxpayers are protected from im-
position in the payment of exorbitant and
oppressive bills.-Ib.

118. Plaintiff who was out of possession,
but who had deeds of conveyance and evi
dences of title which taken alone would
show that the paper title was in him,
under Act of March 8, 1889, P. L. 10, as
amended by Act of May 25, 1893, P. L. 132,
issued a rule on defendants, who were also
out of possession and also had deeds of
conveyance and evidence cf title, which
taken alone would show that the paper EMBEZZLEMENT, 62.
title was in them, to bring an action of
ejectment. HELD, the Act of June 10, 1893, ESTOPPEL, 56, 59, 154-156, 181.
P. L. 415 applied, and petitioners were al-
lowed to amend their petition under said
Act, and the Court awarded an issue to be
tried before a jury that "their respective
rights and title in and to said land be set-
tled and determined."-Britton v. Posey et
al., 69.

ELECTIONS.

SHERIFF'S PROCLAMATION.

119. The case stated averred that the
plaintiff, by direction of the Sheriff, duly
published the election proclamation and
rendered a bill made out at its regular rates
for this kind of advertising; that the same
proclamation was published in eleven other
newspapers in said county, all of which

EVIDENCE, 77-80, 182, 185, 223, 224, 232,
236.

AUDIT, 19-20.

BURDEN OF PROOF, 195.

126. Notes under seal were held by a
woman against a man whom she subse-
quently married. The only objection to her
claim by creditors was want of considera-
tion. HELD, that as to these claims in the
absence of an averment of fraud or mistake,
she was not in the first instance required to
prove consideration.-Sunderland's Assigned
Estate, 51.

127. The petitioners having proven the
raising of the bills and the reception by the

Treasurer of the increased amount, the be made by execution issued upon a judg-
burden of proof is upon the latter to explain ment more than five years old.-Hibberd v.
the transaction.-York County Auditor's Re- Terry, 203.
port, No. 2, 13.

CARLISLE TABLES.

7

136. The defendant in a judgment con-
veyed lands which were subsequently
levied
an
upon by virtue of
execution
128. The Carlisle tables were admitted issued on the judgment. The judgment had
"to assist the jury in arriving at the proper been entered more than five years at the
time during which plaintiff may be deprived time the execution was issued. The de-
of her earning power and may suffer and fendant and the terre tenant joined in a
be inconvenienced by the accident." HELD,
not to be error.-York Haven Power Co.'s petition to have the levy set aside and the
index of the execution stricken off. HELD,
Appeal, 94.
that the petitioners had a standing to ques-
tion the regularity of the proceedings and
hus-that the execution should be stayed and the
index stricken from the record.—Ib.
ADMINISTRATORS,

COMPETENCY.

129. The wife of a non-contesting
band is a competent witness to prove her
claim in the distribution of his assigned
estate.-Sunderland's Assigned Estate, 51.

130. Clause "c," Sec. 5, of the Act of May
23, 1887, P. L. 158, only applies where the
husband is claiming the property or is on
the side of the creditors as against the

wife.-Ib.

131. Clause "e," Sec. 5, of said Act, does
not apply where the husband has been de-
clared a weak-minded person.-Ib.

DEFENDANT, 64.

DEPOSITIONS,

EXECUTORS

AND

75, 86-91, 101.

REMOVAL.

137. One of the executrices of an estate

presented a petition asking for the removal
of her co-executrix, alleging hostility to the
petitioner and two of the devisees, inter-
ference with the management of the estate
and use of part of the estate for her own
purposes. The evidence showed that the
petitioner was old and self-willed; that the
alleged interference was to prevent loss of
some of the securities of the estate, and
that the money used was secured by notes
which the petitioner has failed to enter.
HELD, that the petition will be refused.—
Bucher's Estate, 31.

132. Although the deposition of a non-
resident party, to be read in his own be-
half, may be taken on a rule under the 8th
section of the Act of May 23, 1887, P. L.
158, such an application is not to be
granted as a matter of course where the
138. To remove an executor or adminis-
adverse party objects; and if the deposi-trator, under the Act of May 1, 1861, P. L.
tion be taken, it cannot be read in evi-680, it must clearly appear from the evi-
dence, if the adverse party has given notice dence that the interests of the estate are
that he desires the presence of such party likely to be jeopardized by his continuance.
at the trial, that he may be cross-exam--Ib..
ined in the presence of the jury.-Gray v.
Braden, 63.

FOREIGN STATE.

133. Printed volumes, purporting to be
on the face of them the laws of a sister
State, are admissible as prima facie evi-
dence to prove the statute laws of that
State.-Ehrhart's Estate, No. 2, 134.

PRESUMPTIONS, 14, 30, 37, 50.

SETTLEMENT, 142-143.

139. Before the filing of an account, the
executor settled with a legatee and took
an assignment of his interest in the estate.
After the filing of the account it developed
that the legatee received $490.49 less than

his share of the estate. The Auditor
awarded the legatee's share under the as-
signment. The latter obtained a rule to
134. Where evidence which would prop-
snow cause why the report should not be
erly be part of a case is within the control recommitted, to pass upon his claim for the
of a party whose interest it would be, nat- $490.49, alleging that he had no actual
urally, to produce it, and without satisfac-notice of the audit, although it was legally
tory reason he fails to do so, the inference
may be drawn that it would be unfavorable
to him.-York County Auditor's Report, No.
2, 13.

advertised. HELD, that the rule must be
made absolute.-Schutze's Estate, 145.

a.

140. Prima facie the purchase of
trustee from his cestui que trust cannot
stand. To sustain it the trustee must have
acted in entire good faith. He must show
that he made the cestui que trust the fullest
disclosures of all he knew in regard to the
subject matter, and that the price he paid
was adequate.-Ib.

141. Inasmuch as the petitioner had no
actual notice of the audit and had no hear-
ing or "day in Court," the report should be
recommitted to the auditor for such hear-
ing.-Ib.

SURCHARGE.

a

151. Since one not an officer is entitled to

142. An administrator compromised the same fee as the sheriff for a particular
claim against his intestate's estate. Before service, no good reason can be given for
the Auditor distributing the balance on his holding that he is entitled to a greater or
account it was sought to surcharge him less fee because he happens to hold an office
with the amount so paid. The Auditor re- to which the duty of rendering such service
fused to surcharge. Exceptions were filed is not attached.—Ib.
to his report. HELD, that the exceptions
must be dismissed.-Sechrist's Estate, 77.

143. An honest accountant acting to the
best of his ability for the interest of the
estate, on the advice of counsel, is pro-
tected from surcharge and loss by reason
of such settlement and payment.-1b.

EXEMPTION.

DEBTOR'S.

144. In the distribution of the proceeds
of an assigned estate, the assignor is en-
titled to his $300.00, though not claimed in
the deed of assignment.-Emig's Assigned
Estate, 97.

FAMILY RELATION, 77-84.
FARM LAND, 34-35.
FEES, 42, 107, 246.

DEPUTY SHERIFF.

152. Plaintiff claimed mileage at the rate
of ten cents per mile circular. HELD,
affirming the Court below, that he is en-
titled to recover.-Ib.

153. Nowhere in the Act of July 11, 1861,
P. L. 653, is the phrase "circular mile" used
with reference to any particular service,
and there is no ground for the presumption
that where it is not used mileage one way
was intended.—Ib.

ESTOPPEL.

154. Plaintiff having made out his claim
according to the Constable's fee bill, and re-
ceived payment therefor, is not entitled to
shift his claim and receive increased com-
pensation under a different statute.-Kott-
camp v. County of York, 42.

155. Appellant, a constable, presented his
bill for fees for services, swore to it, and
received payment therefor. Subsequently,
he brought suit to recover increased com-
pensation for the same services, alleging
145. Plaintiff, a constable, served court that he had not charged the fees he should
subpoenas, although not deputized, and col- have charged. HELD, affirming the Court
lected fees according to the constable's fee below (Stewart, J.), that judgment must be
bill, from the County Commissioners. Sub-entered for the defendant.-Kottcamp's
sequently he claimed fees for the same as Appeal, 190.
a deputy sheriff, and brought suit to recover
the difference between the amount so claim-
ed and the amount received. HELD, that he
was not entitled to recover.-Kottcamp v.
The County of York, 42.

147. Under the decisions of the Superior
Court, a constable, when serving subpoenas
issued by the Court, is entitled to the same
fees as a sheriff.-Ib.

148. It seems that though as a constable
the plaintiff performed his official duties
and earned his official fees, yet when he
makes his charge he is transformed into a
sheriff and entitled to be paid under a bill
made expressly to fix sheriff's fees, and
which makes no provision with reference to

a constable whatever.-Ib.

149. Constables serving Court subpoenas
are entitled to sheriff's mileage, which is
ten cents per mile for each mile actually

traveled.-Ib.

156. The plaintiff having settled with the
county upon the basis of taxation procured,
or at least assented to, by him, is precluded
from ignoring it and maintaining an action
in another court for a larger sum.-Ib.

HEARINGS.

1899 "for similar services," a constable is
157. Under the provisions in the Act of
entitled to be paid one dollar and mileage
for executing a precept issued by a justice
to bring a prisoner from jail for a hearing.
It seems necessary that such a precept
should be issued to the jailor to discharge a
prisoner from the jail in order that he may
be brought before him for a hearing, or be
admitted to bail; otherwise, when once
committed, he could only be liberated by
the action of the Court upon a habeas cor-
pus.-Kottcamp v. County of York, 42.

158, Plaintiff claimed one dollar and mile-

age for executing a precept issued by a jus-
tice to bring a prisoner from jail for a hear-
ing. HELD, affirming the Court below, that
he was entitled to recover.-County of
York's Appeal, 191.

of the Act of February 17, 1899, P. L. 1, a
159. Under the "similar services" clause
constable is entitled to the same fee as for
a commitment, for the execution of a pre-
150. Plaintiff, a constable, served Court cept which it is necessary for a justice to
subpoenas, although not deputized, and issue.-Ib.
brought suit to recover for the same. HELD,
affirming the Court below (Stewart, J.) that
he is entitled to recover.-County of York's
Appeal, 190.

PARTY.

160. While it has always been customary
to regard the person serving the subpoena

as an officer of the sheriff and entitled to 168. Even had they been policemen of a
the same compensation as that allowed by city of Pennsylvania they would be entitled
law to the sueriff for like service, the Act to the reward as a public reward.-Ib.
of July 11, 1901, P. L. 663, has so materially

AGENCY.

increased the sheriff's compensation for HUSBAND AND WIFE, 18, 126, 129-131.
such service that this custom should no
longer be followed, and a party will be al-
lowed fifteen cents for such witness and six
cents a mile circular fees customary prior
to said Act for serving a subpoena.-Beach
v. Pennsylvania Railroad Co., 171.

161. A party to the suit is not entitled to
witness fees nor is a witness who is also a
party in another suit tried the same week.
-Ib.

FIRE, 90.

FIXTURES, 221.

FOOD.

LIQUORS.

his wife to a person knowing that fact, will
169. A husband who loans the money of
be considered the authorized agent of the
wife in the transaction, and a proper
acknowledgment of the debt to him is
equivalent to an acknowledgment to the
wife.-Satterthwaite v. Brooks, 131.

ALIMONY, 107-109.

DESERTION.

170. Where a husband and wife separated
by mutual assent, but no settlement is made
for the support of the latter, she having no
competent provision of her own, and the
husband is acquitted after a trial on in-
dictment for desertion, if the wife after-
162. The Act of June 26, 1895, P. L. 317 wards in good faith makes a demand for
entitled "An Act to provide against the restitution of her conjugal rights, which the
adulteration of food and providing for the husband refuses, neither the agreement to
enforcement thereof," is unconstitutional, in live apart nor the plea of autre foits acquit
so far as it applies to the sale of intoxicat-is a sufficient answer to a new complaint
ing liquors. The term "food" does not ap- under the Act of April 13, 1867.-Com. v.
ply to intoxicating liquors.-Com. v. Kebort, Teel, 197.
149.

FOREIGN STATE, 103, 105, 133, 252-254.
FORGERY, 19.

FRAUD, 4, 13-16, 51, 57, 126, 127.

FREEHOLDERS, 33-37, 47.

FUNDS, 327-329.

GAS FIXTURES, 221.

GUARDIAN, 76.

HABEAS CORPUS, 60, 239.

HEARING, 146.

HORSE THIEF.

REWARD FOR ARREST.

171. The Act of April 13, 1867, P. L. 78, is
not superseded by that of March 13, 1903,
P. L. 26. The latter provides an additional
remedy.-Ib.

172. The Court has power in the exercise
of its discretion, and if some meritorious
cause be shown, to permit the bail for the
defendant sentenced to pay a monthly al-
lowance to his wife in a desertion case, to
surrender his principal to the Court, upon
payment of all arrearages and be dis-
charged from further obligation.-Com. v.
Wickert, 199.

DIVORCE, 107-117.

MAINTENANCE, 61.

173. Petitioner asked to be discharged
from the order of court requiring him to
pay $2.00 a week for the support of his
wife, on the ground that he was unable to
pay the same. HELD, that the testimony
showed his ability to comply with the order.

163. Petitioner, a constable of the City
of York, asked for the reward given by the
Ast of March 15, 1821, 7 Sm. 388, for the
arrest of horse thieves. HELD, that the peti-Com. v. Kauffman, 108.
tion must be granted.-White's Petition, 40. 174. Where a wife is required to fill a
164. The language of the Act is sufficient- position subordinate to her stepdaughters
ly comprehensive to include every person,
constables as well as others, who may pur-
sue and arrest a thief.—Ib.

165. It cannot be said to be against the
policy of the law to do or receive that
which a statute provides and gives.-Ib.

and mother-in-law, is not allowed to eat at
the table with them, and is subject to other
hardships and indignities, she may with-
draw from her husband's habitation, and
the order of maintenance will not be dis-
charged.-Ib.

175. Even if she had an individual estate,
166. Petitioners, policemen of the City of
Baltimore, asked for the reward given by it would not relieve the husband from the
the Act of March 15, 1821, for the arrest of duty of supporting her.—Ib.

horse thieves. HELD, that the petition must
be granted.-Swartz' Petition, 42.

167. As policemen of the City of Balti-

TORT, 1, 2.

INCORPORATION, 26-37.

more they owed no such duty to the State INDICTMENT, 63, 65-70.
of Pennsylvania or its citizens as would
prevent their recovery.—Ib.

INFANT, 76.