Volume 142 — Pennsylvania State Reports

No. 42 January Term 1891, Sup. Ct.; court below, No. 118 June Term 1889, C. P. On May 2, 1889, Joseph Shrawder and Catharine, his wife* in right of said wife, brought ejectment against Jesse L. Snyder, for a farm in Montgomery county. By a disclaimer subsequently filed, the plaintiffs’ claim was limited to the undivided one half of the land. The defendant’s plea was not guilty.

No. 184 January Term 1891, Sup. Ct.; court below, No. 534 March Term 1888, C. P. No. 4. On March 14, 1888, Henry Hessel brought replevin against M. T. Johnson, agent, and R. D. Thompson, bailiff, for the recovery of certain goods distrained for rent in arrear, due from Clinton S. Fritz. The writ was served and the property delivered to the plaintiff by the sheriff.

No. 147 January Term 1891, Sup. Ct.; court below, No. 210 January Term 1882 [?], O. C. Peter Cullen died September 5,1881, leaving a will whereby he bequeathed his entire estate to his “friend, Annie E. Costello.” A caveat against the admission of the will to probate having been filed by certain persons, as the collateral heirs of the testator, letters of administration pendente lite were granted to the Guarantee Trust and Safe-Deposit Company, on October 22, 1881.

No. 209 January Term 1891, Sup. Ct.; court below, No. 806 September Term 1889, C. P. No. 2.

No. 140 July Term 1890, Sup. Ct.; court below, No. 1 June Term 1890, Q. S. On May 17,1890, a return was made to tbe court below of an information against George W. James for non-support of his wife and minor child.

No. 213 January Term 1891, Sup. Ct.; court below, No. 258 March Term 1885, C. P. No. 3. To the number and term of the court below, Peter S. Dooner brought case against the Pennsylvania Railroad Company. Issue.

Nos. 276, 310 January Term 1891, Sup. Ct.; court below, Nos. 24 September Term 1880, 150 December Term 1877, 0-P. No. 1, M. L. D. On October 21, 1880, the city of Philadelphia filed a municipal claim for $335.16 for registered taxes for 1877 and 1878, against Isaac Hiester, owner, etc., and registered owner of certain property described, the said amount including interest, commissions and costs.

No. 292 January Term 1891, Sup. Ct.; court below, No. 835 September Term 1890, C. P. No. 2.

No. 228 January Term 1891, Sup. Ct.; court below, No. 617 September Term 1887, C. P. No. 4. Held: first, that a corporation may make any contract or execute any legal instrument without using its corporate seal, in all cases in which this may be done by an individual; and, secondly, that if a seal is used by a corporation, in the execution of what would otherwise be a negotiable instrument, the use of the seal will not destroy…

No. 239 January Term 1891, Sup. Ct.; court below, number and term not shown.

No. 80 July Term 1890, Sup. Ct.; court below, No. 280 January Term 1889, C. P. On January 3, 1889, an appeal was filed from the judgment of an alderman, in an action by F. D. McCarthy against Conrad Masters, Thomas Gaffey and George Reakes. Issue.

No. 209 July Term 1890, Sup. Ct.; court below, No. 48 December Term 1886, C. P. On October 22, 1886, M. A. Markle brought case for negligence against the borough of Berwick. Issue. At the trial on May 12, 1890, it was made to appear that the town of Berwick was incorporated as a borough by the act of January 29, 1818, P. L. 32, and in due course was brought within the provisions of the general borough law of April 3, 1851, P. L. 320.

No. 98 January Term 1891, Sup. Ct.; court below, No. 114 October Term 1887, G. P. On June 21, 1887, John Keller brought ejectment against John Powell and William Keating for 120 perches of land in Plymouth township. The plaintiff’s declaration was afterwards amended so as to claim 14,948 square feet of land. The defendants pleaded not guilty, and the statute of limitations.

No. 329 January Term 1891, Sup. Ct.; court below, number1 and' term not shown. On November 2, 1889, George B. and Chester B. Lazarus, administrators of the estate of Thomas Lazarus, deceased, filed their first partial account. Exceptions being filed thereto, an auditor (whose name was not shown) was appointed to hear and determine the same and to report distribution. On May 12,1890, the auditor filed a report in part as follows VI.

No. 407 January Term 1891, Sup. Ct.; court below, No. 214 March Term 1891, C. P.. On February ~27, 1891, in an amicable action by George W. Rymer against the county of Luzerne, a case was stated for the opinion of the court, in the nature of a special verdict, as follows : “1.

No. 148 July Term 1887, Sup. Ct.; court below, No. 128 March Term 1887, C. P. No. 8. On February 26, 1887, Jobn C. Perry brought covenant against Dr. Carl L. Jensen, to recover damages for the breach of a written contract, dated November 20, 1885, reciting that said Jensen was the proprietor and manufacturer of Crystal Pepsin, under letters patent, and providing as follows: “1.

Nos. 195, 196 January Term 1891, Sup. Ot.; court below, Nos. 13 October Term 1888, 21 February Term 1890, O. P. On September 1, 1888, Susan Carr brought trespass against the city of Easton, to recover damages for injuries to ber person alleged to have been caused by the negligence of the defendant city.

No. 366 January Term 1891, Sup. Ct.; court below, No. 37 February Term 1891, Q. S. On February 10, 1889, the grand jury returned as a true bill .an indictment charging John Ruddle, Stephen Shoemaker, Joseph B. Shaffer and John Blows with committing a nuisance, in “unlawfully, injuriously and maliciously removing and carrying away” filling-in from a public highway. Issue.

No. 351 January Term 1891, Sup. Ct.; court below, No. 2 October Term 1890, C. P. in Equity.

No. 218 July Term 1890, Sup. Ct.; court below, No. 286 September Term-1886, C. P. On June 8, 1886, Jacob A. Linderman brought assumpsit against Eleazer Pomeroy. The defendant pleaded nonassumpsit, payment, and the statute of limitations. At the second trial of the case, on April 3, 1890, the facts made to appear were briefly as follows 4 In 1857, Linderman gave to Pomeroy his judgment note for $6,383.29, the purchase money of a farm, payable in instalments.

No. 214 January Term 1891, Sup. Ct.; court below, No. 642 December Term 1888, C. P. No. 2. On January 5, 1889, William C. Watson brought assumpsit against the city of Philadelphia. Subsequently, the record was amended by adding the name of Peter Elder as use-plaintiff, and on December 10, 1890, an agreement was filed, submitting the following case stated: “1.

No. 52 January Term 1891, Sup. Ct.; court below, No. 782 •October Term 1887, C. P. On September 5, 1887, upon petition of the sheriff of Luzerne county, the court below granted a rule for an interpleader, to try a claim of title made by George Schrank to certain personal chattels levied on by the sheriff, as the property of Fritz Raisch, at the suit of John Utz, George Brown and George Shoemaker respectively.

No. 886 January Term 1890, Sup. Ct.; court below, No. 883 January Term 1886, C. P. On December 30, 1885, William Buckingham brought trespass against the Plymouth Water Company, averring negligence on tbe part of the defendant in furnishing an impure water supply to its customers. The declaration was not printed in the paper-books.

No. 368 January Term 1891, Sup. Ct.; court below, No. 256 September Term 1889, C. P On September 16, 1889, the School District of Main township brought trespass against diaries Reichard and seven others, filing a statement of claim that the defendants had broken and entered the plaintiff’s close, and bad torn down and removed the plaintiff’s schoolhouse erected thereon. Issue.

<p>(a) Machinery was delivered under a contract termed a “ lease,” the lessee promising to pay a sum certain in instalments, “ as hire in advance for the use of said machinery so long as I shall retain it; ” in case the instalments were unpaid when due, the lessor might take tiie machinery, without trespass, the hire then unpaid to tie forfeited.</p> <p>(6) It was also provided: “ When I have fully complied with the conditions .... , I am to have the privilege of buying said machinery .....upon my paying the sum of $1,” on a day certain, “ otherwise the title to said machinery to remain in the said ” lessor, “ as aforesaid.” One half the “hire” being paid, the property was levied upon as belonging to the lessee:</p> <p>1. There being no express stipulation for a return of the property to the alleged lessor at the end of the term, the transaction was a conditional sale, not a bailment, and the property was subject to the execution: Stadtfeld v. Huntsman, 92 Pa. 53, followed; Rowe v. Sharp, 51 Pa. 26, distinguished; Enlow v. Klein, 79 Pa. 488, limited to its own peculiar facts.</p> <p>2. “ We notice that many of the Pennsylvania eases, referred to in the paper-book of the appellee, are cited by the name of the reporter, in violation of the Rule of Court. Had this been observed on the argument, the paper-book would have been suppressed: ” Per Curiam. [See Rule XXVI., as amended on June 7, 1889: 125 Pa. xxn.</p>

<p>No. 6 July Term 1890, Sup. Ct.; court below, No. 70 April Term 1885, C. P.</p> <p>On February 5, 1885, a summons was served in ejectment by John McCloskey and Matthias McCloskey against D. B. Kunes and Joseph B. Poorman. Issue.</p> <p>At the trial, on January 2,1886, before Simonton, P J. 12th district, specially presiding, a verdict was rendered for the plaintiffs. On March 21, 1887, on writ of error to No. 312 January Term 1886, the judgment entered on the verdict was reversed, with a venire de novo: Kunes v. McCloskey, 115 Pa. 461. The record having been returned, an agreement was filed submitting the cause to the decision of the court, without a jury, under the provisions of the act of April 22, 1874, P. L. 109.</p>

No. 7 July Term 1890, Sup. Ct.; court below, No. 50 December Term 1887, C. P. in Equity.

No. 28 July Term 1890, Sup. Ct.; court below, No. 307 December Term 1889, C. P On November 19, 1889, E..

No. 66 January Term 1891, Sup. Ct.; court below, No. 238 February Term 1890, C. P. On January 13, 1890, William Wingert issued a soire facias sur a mechanics’ lien filed against Nicholas Stone, owner or reputed owner, “ with notice to Catharine Stone, terre-tenant.” Issue.

No. 220 January Term 1891, Sup. Ct.; court below, No. 107 June Term 1889, C. P. On June 10, 1889, an appeal was entered by the defendant from the judgment of an alderman in favor of James Pressel against Alexander Bice. On August 29, 1889, the plaintiff filed a statement of claim in trespass for the wrongful sale by the defendant, a constable, of a portable saw-mill engine belonging to the plaintiff, on execution process issued against one James Dodson. Issue.

No. 53 January Term 1891, Sup. Ct.; court below, No. 163 February Term 1890, C. P. On December 31, 1889, Martha Jane Irvin brought assumpsit against John Irvin. By amendment at the trial, James A. Irvin, plaintiff’s husband, was added as a party, so as to make the action stand in the names of James A. Irvin and Martha Jane Irvin his wife, in right of said Martha Jane, v. John Irvin.

No. 215 January Term 1891, Sup. Ct.; court below, No. 218 November Term 1890, C. P. On October 1, 1890, upon the sheriff’s petition an issue was directed, wherein the Coaldale Coal Company was to be plaintiff, and the National State Bank of Camden, N. J., other banks and a certain coal company, defendants, to determine the title to certain personal propel^, including leases and leasehold rights for mining coal, levied upon under writs in favor of the defendants in the issue,…

No. 40 January Term 1891, Sup. Ct.; court below, No. 284 March Term 1888, C. P. On February 13, 1888, Mary L. Brennan brought assumpsit against James J. Franey. Issue. At the trial, on January 23, 1890, it was shown that on April 6, 1883, John Dalton became a member of the U. B. Mutual Aid Society of Pennsylvania, receiving a policy of insurance on his life for $3,000, payable on his death to Mary L. Brennan, one of his daughters, the plaintiff in this suit.

. No. 60 January Term 1891, Sup. Ct.; court below, No. 282 November Term 1889.

<p>1. Tlie provisions oí § 11, act of March 21, 1772, 1 Sm. L. 373, in relation to the assignment of the bond to be taken from the plaintiff in replevin, and the maintenance of an action thereon in the name of the avowant or person making conusance, affect only such bonds as are taken in replevin of a distress for rent.</p> <p>2. But, in all cases wherein the question in dispute relates to the ownership of the property replevied, the suit on a replevin bond is properly brought in the name of the sheriff, to the use of the party beneficially interested: See Tibbalv. Cahoon, 10 W. 232; Balsley v. Hoffman, 13 Pa. 603.</p> <p>3. There is no statute or rule of public policy prohibiting a sheriff from accepting a replevin bond containing a warrant to confess a judgment, when voluntarily tendered to him by the plaintiff. The warrant affects only the remedy on the bond; but the liability of the obligors is measured by its lawful conditions.</p> <p>4. A judgment confessed on a replevin bond, containing a wai’rant of attorney, is cautionary only; and the confession cannot be held to be premature, when made three years after a verdict was entered in favor of the defendant in the action of replevin, though before judgment was entered on the verdict.</p> <p>5. It is not error, on a trial of an action on a replevin bond, six years after the trial of the action in replevin between the parties, to enter an order, on motion of the plaintiffs, amending the record of the former action, by the correction of a clerical error in recording the verdict rendered.</p>

No. 156 July Term 1890, Sup. Ct.; court below, Nos. 140 January Term 1888, 37 February Term 1889, C. P. To No. 140 January Term 1888, of the court below, J. F. Everett, for the use of E. L. Sedam and others, brought assumpsit against the Niagara Insurance Company of the city of New York, upon a policy of insurance.against loss by fire, issued by the defendant company. The policy contained the following clause: “ 9.

<p>(a) In assumpsit upon a policy of fire insurance, the defence was the violation of three separate conditions of the policy: (1) Over-insurance, beyond the amount consented to by the defendant; (2) failure to ascertain the amount of loss by arbitration before suit; and (3), failure to bring suit within the time limited:</p> <p>1. Statements in the form of proofs of loss, showing also the shares proposed to be paid proportionally by the several companies interested, made out by adjusters whose authority to act for the defendant therein was not shown, were not sufficient evidence to establish a waiver by the defendant of the condition against over-insurance.</p> <p>2. To constitute a waiver by implication of a condition requiring a suit upon a policy to be brought within a certain time, there must be some act-or declaration by the company dispensing with it, done or made during the running of the period of limitation, not after it has expired and the rights of the parties are fixed.</p> <p>3. Letters written by the company to its agents, but their contents, informing the latter that to avoid litigation the company would settle under certain conditions, not made known to the plaintiff and the conditions performed, are not evidence of a waiver by the company of the time limit within which suit must be brought.</p> <p>4. Where the receipt and retention of proofs of loss are relied upon as an acquiescence and agreement as to the amount thereof, or, if not relied upon, where the policy provides a specific method of ascertaining the amount of the loss, the admission of parol testimony as to the quality and value of the goods destroyed is error.</p>

No. 343 January Term 1891, Sup. Ct.; court below, No. 133 May Term 1886, C. P. On July 5, 1890, the remittitur of Summerson v. Hicks, 134 Pa. 566, having been filed, the court below, upon the petition of John Summerson, the plaintiff, gave leave to said plaintiff to pay into court the amount tendered to the defendants, with interest, to wit, $157. Eo die, said amount paid into court.

No. 139 January Term 1891, Sup. Ct.; court below, No. 790 December Term 1888, C. P. No. 2. On September 1, 1888, Bloomfield Brower, and others, trustees under the will of Edwin Greble, filed a petition in the Court of Quarter Sessions praying for the assessment of damages for the appropriation of five feet of a certain lot of ground, in the widening of Chestnut street.

No. 139 January Term 1891, Sup. Ct.; court below, No. 62 June Term 1880, M. L. D., C. P. No. 3. On April 9, 1885, the city of Philadelphia brought scire facias against H. R. Anderson, owner, etc., and John Baxter, registered owner, upon a municipal claim for the taxes of the year 1875, filed against a certain lot of ground on Indiana street, Philadelphia, on June 10, 1880. Defendant Baxter pleaded non-assumpsit, payment, payment with leave and set-off.

No. 158 January Term 1891, Sup. Ct.; court below, No. 440 June Term 1888, C. P. No. 8.

Nos. 206, 207 January Term 1891, Sup., Ct.; court below, Nos. 352, 358 March Term 1889, C. P. No. 4. no. 206. On May 4, 1889, the commonwealth, to the use of William L. Elkins, and others named, brought assumpsit against Richard Wistar and the Commonwealth Title Insurance & Trust Company, upon a recognizance given in connection with an appeal by Richard Wistar from the Orphans’ Court of Philadelphia county to the Supreme Court.

No. 397 January Term 1891, Sup. Ct.; court below, No. 188 October Term 1884, C. P. On June 24,1884, T. F. Quigley brought case against “ The President and Managers and Company of the Delaware & Hudson Canal Company,” to recover for damages alleged to have been oeeasioned by the negligence of the defendant’s employees. The defendant’s plea was not guilty.

No. 268 January Term 1891, Sup. Ct.; court below, No. 462 January Term 1890, C. P. On January 11,1890, there was entered in the court below, by appeal from the judgment of an alderman, an action for wages brought on December 5, 1889, by James Fairfield, by his next friend Henry Conyard, against the Wyoming Valley Coal Company. The defendant pleaded non-assumpsit.

No. 332 January Term 1891, Sup. Ct.; court below, No. 163 February Term 1889, C. P. On January 22,1889, a certiorari issued from the court below to Mr. Selden Marvin, city recorder of the city of Erie, directing the return of the record in an action by A. J. Foster against the county of Erie.

No. 349 January Term 1891, Sup. Ct.; court below, No. 54 September Term 1891, C. P. On May 17, 1890, W. 11. Wade and others, commissioners of Erie county, filed their appeal from the report of the county auditors upon the accounts of M. V. B. Gilford, late sheriff of said county; and on May 26th, an issue was directed, wherein M. V. B. Gifford was made plaintiff, and the county of Erie defendant.

No. 100 January Term 1891, Sup. Ct.; court below, No. 4 September Term 1889, C. P. On May 15,1889, Nancy Tarr, committee of G. A. W. Tarr, brought replevin for certain property, against Rose Eddy; property replevied and delivered to plaintiff. A statement of claim being filed, the defendant pleaded property in herself.

No. 188 January Term 1891, Sup. Ct.; court below, No. 110 September Term 1890, C. P. On January 26, 1890, Alexander Goodhart brought assumpsit against James Bishop and John Wise, executors of the will of William Bishop, deceased. The defendants pleaded nonassumpsit, and the statute of limitations. At the trial, on November 28, 1890, the plaintiff having rested his case, the defendants’ counsel offered the “ record of proceedings in the case of William Bishop v. Alex.

No. 101 January Term 1891, Sup. Ct.; court below, No. 85 April Term 1889, C. P. On February 21, 1889, Benjamin H. Parkhurst as plaintiff, and James B. Harrower, as defendant, filed a case stated in which it was agreed as follows : That Joel Parkhurst, seised in fee of a certain parcel of land adjacent to Elkland borough, died on December 6, 1884, leaving a will, duly admitted to probate, containing the provisions quoted at length in the opinion of the court, infra; that the…

No. 267 January Term 1891, Sup. Ct.; court below, No. 45 September Term 1884, C. P. On July 10, 1884, L. A. Rogers brought debt, afterwards amended to covenant, against Samuel Davidson. Issue.

No. 283 January Term 1891, Sup. Ct.; court below, No. 6 March Term 1888, C. P. On December 1, 1887, Mary S. Logan brought ejectment against S. A. Gardner and others, for three acres of land in Mead township. Issue. At the trial on January 9, 1890, there was a verdict for the plaintiff. The judgment entered on this verdict was reversed, on October 6, 1890: Logan v. Gardner, 136 Pa. 588.

No. 449 January Term 1891, Sup. Ct.; court below, No. 20 December Term 1889, C. P. On September 27, 1889, William H. Copeland, for use of R. P. King, brought assumpsit against the Stoneham Tannery Company, to recover the sum of $2,500, as a commission agreed to be paid by the defendant corporation, for the plaintiff’s services in procuring a purchaser of certain lands of the defendant.

No. 14 July Term 1891, Sup. Ct.; court below, No. 46 February Term 1891, C. P. On November 8, 1890, there was filed in the court below a certificate setting forth the objects, etc., of a proposed corporation to be called “The National Indemnity and Endowment Company,” and praying for a decree of incorporation under the act of April 29, 1874, P. L. 73, and its supplements. The certificate was subscribed by Reed F. Howland and four other persons.

No. 44 January Term 1891, Sup. Ct.; court below, No. 38 September Term 1888, C. P. in Equity. On August 4,1888, Lewis B. Silliman filed a bill in equity against John R. Kuhn, for the settlement of the affairs of a partnership of the plaintiff and defendant, trading under the name of J. R. Kuhn & Co. in the business of producing oil and torpedoing oil wells.

No. 361 January Term 1891, Sup. Ct.; court below, No. 57 September Term 1888, C. P. On April 24,1888, Myron Waters brought assumpsit against Charles Chase, administrator c. t. a. of A. B. Lane, deceased, and H. W. Lane, executor of the will of A. G. Lane, deceased, filing a statement of claim in substance averring: That on May 5, 1879, A. B. Lane, in her lifetime, and H. W. Lane, executor of A. G. Lane, under their hands and seals executed an assignment to Myron Waters, the…

No. 398 January Term 1891, Sup. Ct., court below, No. 347 October Term 1884, C. P. On July 30, 1884, A. Wyckoff brought assumpsit against Jonas Artley and a number of others, late partners doing business as the Kendall Water Works. Issue.

No. 402 January Term 1891, Sup. Ct.; court below, No. 466 October Term 1889, C. P. On September 25, 1889, Karl J. Westerberg and Christina, his wife, brought trespass against the Kinzua Creek & Kane Railroad Company, to recover damages for the death of the plaintiffs’ two minor children, charged to the negligence of the defendant company. Issue.

No. 226 January Term 1890, Sup. Ct.; court below, No. 224 July Term 1879, O. C. On January 24, 1881, the account of Priscilla G. Cuthbert (late Barber) and Thornton B. Conrow, surviving executors of the will of Isaac Barber, deceased, filed on June 11, 1879, was called for audit before Ashman, J. At the hearing, it was made to appear that the testator died in April, 1860, leaving a widow, Priscilla G., a daughter Elizabeth, who died in childhood, and a son William T., about…

No. 96 January Term 1891, Sup. Ct.; court below, No. 20 December Term 1889, C. P. No. 2. On November 21, 1889, the city of Philadelphia brought assumpsit against the Ridge Avenue Passenger-Railway Company. Subsequently, a case stated was filed by the plaintiff and defendant, as follows : The Girard College Passenger-Railway Company was incorporated by the act of April 15,1858, P. L. 300, with an authorized capital of ten thousand shares of the par value of fifty dollars each.

No. 8 July Term 1890, Sup. Ct.-; court below, No. 354 December Term 1887, C. P. To the number and term stated of the court below, there was entered by agreement an amicable action of assumpsit between Louisa E. Jones, plaintiff, and Theodore Strong and others, executors of the will of R. J. Wisner, deceased, defend.ants, a case stated being filed which set out the facts in sub-stance as follows: On August 17, 1877, R. J. Wisner, being seised of certain coal lands in Luzerne…

No. 134 July Term 1890, Sup. Ct.; court below, No. 191 May Term 1885, C. P. On April 23, 1885, Charles Baker and Phoebe Baker, his wife, in right of said Phoebe Baker, brought trespass on the case against the Pennsylvania Company, to recover for personal injuries alleged to have been received by said Phoebe Baker, in consequence'of negligence of the defendant company-The defendant pleaded not guilty.

No. 201 July Term 1890, Sup. Ct.; court below, number and term not shown.

No. 295 January Term 1891, Sup. Ct.: court below, No. 3S September Term 1889, C. P. On August 6, 1889, W. I. Bachop brought ejectment against Stephen Critchlow, for a tract of land in Conewango township, containing 83 acres. The defendant pleaded not guilty.

No. 24 July Term 1889, Sup. Ct.; court below, No. 238 September Term 1887, C. P. On August 2,1887, Alfred Jessup brought trespass for negligence against Jacob J. Sloneker. Issue. At the trial on January 23, 1889, the facts made to appear were in substance as follows : In March, 1886, Jacob J. Sloneker owned a lot on Laughlin street in Dawson borough, which he sold to his son John on the sixteenth of that month.

No. 161 January Term 1890, Sup. Ct.; court below, No. 868 June Term 1885, C. P. On May 18, 1885, Thomas McClelland and Lydia, his wife, in right of said wife, brought ejectment against Isaac A. Brownfield. Issue. At the trial, on May 21, 1888, it was shown on the part of the plaintiffs that Bazil Brownfield died in 1881, leaving a will dated June 27, 1881, duly admitted to probate, providing as follows : “ 4.

No. 353 January Term 1890, Sup. Ct.; court below, No. 66 December Term 1881, C. P. On September 30, 1881, Samuel Potter and Sophia, his wife, in right of said wife, brought trespass against James T. Lambie,. Jonathan Birch, George W. Stewart, Leander Stewart, and Simon Stewart. Issue.

No. 162 July Term 1890, Sup. Ct.; court below, No. 1 December Term 1884, C. P., Ins. D. On May 5, 1889, Joshua M. Dushane, assignee for the benefit of creditors of T. C. McKesson & Co., filed his account, containing an item crediting himself with “ Loss on P. C. Brooks judgment, $277.63.” Exceptions having been filed to this credit, Mr. W. O. McKean was appointed auditor.

No. 62 January Term 1891, Sup. Ct.; court below, No. 142 June Term 1887, C. P. On April 14, 1887, S. S. Crawford and nineteen others brought ejectment against Samuel Thompson and four others, for a tract of 137 acres 99 perches, in Luzerne township. Issue.

No. 74 January Term 1891, Sup. Ct.; court below, No. 395 September Term 1887, C. P. On September 12, 1887, G. Newton Horn brought trespass against Samuel Miller and others, for an alleged wrongful diversion of water from the plaintiff’s mill. The defendants pleaded not guilty, and afterwards added a plea averring adverse user.

No. 125 January Term 1891, Sup. Ct.; court below, No. 1 November Term 1884, C. P. in Equity.

<p>No. 378 January Term 1891, Sup. Ct.; court below, No. 106 November Term 1882, C. P.</p> <p>On October 9, 1882, to the number and term of the court below, stated above, a judgment for 119,006 was entered in favor of “ Annie D. Wilson, for self and in trust,” against A. Porter Wilson and William A. P. Wilson, upon a judgment note dated the same day and signed by the defendants. Proceedings to open said judgment, on the petition of W. A. P. Wilson, and in a scire facias to revive the same to No. 33 November Term 1887, sufficiently appear in Wilson v. Wilson, 137 Pa. 269.</p> <p>On November 24, 1890, after the return of the record in the case referred to, W. A. P. Wilson presented his petition, reciting the proceedings in the court below and in the Supreme Court, in the case cited, the record showing that on April 19, 1889, by direction of the plaintiff’s attorney, with notice to the defendant’s attorneys, judgment was entered on the verdict rendered for the plaintiff in the feigned issue on November 30, 1888, (see Wilson v. Wilson, 137 Pa. 271-272,) and prayed the court to order the said judgment to be opened and the verdict stricken off, and to permit the petitioner to withdraw all proceedings under the original judgment entered to No. 106 November Term 1882, so that he might have a fair trial on the scire facias issued thereon, etc. Rule granted.</p>

No. 65 January Term 1891, Sup. Ct.; court below No. 51 May Term 1887, C. P. On April 25, 1887, Joshua Vanormei brought assumpsit against A. G. Hornberger and George Jacobs, Jr., executors of the will of Dr. W. H. Backus, deceased. Issue. At the trial, on February 28, 1890, it was shown that on January 1, 1881, a certificate of insurance for $2,000, on the life of Mrs. Mary Vanormer, was issued by the Southern Pennsylvania Mutual Relief Association of Hanover.

Nos. 51, 52, 57, 58 July Term 1891, Sup. Ct.; court below, Nos. 583, 584 March Term 1891, C. P. No. 4.

No. 186 July Term 1890, Sup. Ct.; court below, No. 213 December Term 1888, C, P. No. 1. On December 11, 1888, Crosby B. Phipps brought assumpsit against William E. Sharps. Issue.

No. 229 January Term 1891, Sup. Ct.; court below, No. 6 January Term 1889, Q. S. On January 25, 1889, John Hare, Jane Hare and Henry Siegele presented their joint petition representing: That they were the owners of houses and lots on the northwesterly side of Howard street, northeast of Apple street, in the Twenty-first ward of Philadelphia; that by a decree of the Court of Quarter Sessions, made December 3, 1888, the said Howard street was vacated from the north side of…

No. 22 January Term 1891, Sup. Ct.; court below, No. 307 June Term 1889, C. P. No. 4. On July 27, 1889, William Rice and others, trading as Rice, Bean & Co., filed an appeal from the award of a jury of view ascertaining the damages to the property of John Hare caused by the vacation of Howard street, and assessing the same upon said Rice, Bean & Co., as the owners of property benefited by said vacation: See Howard St., ante, 601.

No. 264 January Term 1890, Sup. Ct.; court below, No. 152 October Term 1889,'G. P. On September 14, 1889, George Guest and others, trading as Guest, Grater & Co., issued a scire facias sur a mechanics’ lien, filed by the plaintiffs against the Lower Merion Water Co., owner and reputed owner, and Comegys & Lewis, contractors.

No. 36 January Term 1891, Sup. Ct.; court below, No. 206 January Term 1889, C. P. On January 2, 1889, Matilda Ham brought trespass against the President, Managers and Company of the Delaware & Hudson Canal Company, for negligence alleged to have caused the death of the plaintiff’s husband, James Ham. The defendant pleaded not guilty.

No. 208 January Term 1891, Sup. Ct.; court below, number and term not shown.

No. 300 January Term 1891, Sup. Ct.; court below, No. 803 June Term 1888, C. P. No. 3. On August 31, 1888, L. W. Brown and William L. Hendrickson, trading as Brown & Hendrickson, to the use of William L. Hendrickson, brought assumpsit against John A. Decker, to recover a balance averred to be due to the plaintiffs from the defendant for work done under a contract. Issue.