Volume 3 — Foster's Pennsylvania Reports (Pittsburgh, 1870–1875)

<p>Error to the Court of Common Pleas of Schuylkill County.</p>

<p>Appeal from the decree of the Court of Common Pleas of Schuylkill County.</p> <p> In Equity. </p>

<p>The Act of 31st March, 1870, P. L., releasing from taxation the shares, capital, and profits of banks, and sayings institutions on payment of a tax of one per centum upon the par value of all the shares, does not exempt the real estate of the bank or savings institution from taxation.</p>

<p>A condition attacked to a gift of goods by a brother to a sister, that certain debts of the donor should be paid out of the avails of the goods, does not make the gift of the remainder less available.</p>

<p>Rule to set aside the judgment for reasons appearing of record.</p>

<p>In a proceeding under the Act of 1842, abolishing imprisonment for debt, the debtor can only be committed or held to bail for the specific acts mentioned in the statute—not for those that may be enjoined in equity.</p>

<p>Rule to show cause why judgment should not be entered without costs.</p>

Exceptions to the report of the Auditor appointed to restate and resettle the account of John W. Bickel, Esq., Administrator, &c., and to distribute the balance, &c.

<p>The affidavit for a certiorari should substantially set forth the reasons for the removal as required by the act of Assembly. It is not necessary to pursue the very words of the act.</p>

<p>In a scire facias issued from the Common Pleas to revive a judgment entered against husband and wife, on a transcript from the docket of a Justice of the Peace, want of jurisdiction on the part of the Justice may be taken advantage of by the wife to prevent a judgment of revival in the Court of Common Pleas.</p>

<p>Real estate of defendant was sold without making application to the court for the writ, and without giving notice as required by the Act of 24 January, 184!).</p> <p>Held, that the defendant did not have such a life interest as made these preliminaries necessary.</p>

<p>Rule to show cause why Venditioni Exponas should not be set aside, and proceedings stayed.</p>

<p>Construction of the Act of Assembly of 29 April, 1874, relative to the incorporation and regulation of certain corporations.</p>

<p>A bill of particulars in criminal proceedings is in the sound discretion of the court, and should be allowed the defendant whenever it is necessary for his defence.</p>

<p>A premium note given to a mutual insurance company when sued on requires an affidavit of defence. It is not sufficient to aver that the funds of the company have been wasted or badly managed; it must be stated that they are not required to cover losses or pay debts.</p>

<p>1. The contracts of a married woman outside of the Act of Assembly are invalid.</p> <p>2. Where a married woman lives with her husband—is supported by him, and purchases goods and merchandise with his knowledge, carrying on business in her own name, she is not liable for the payment of such articles without her consent.</p>

<p>An administrator who is a resident of a foreign country, where he took out letters of administration, directed satisfaction to be entered on a judgment entered by his intestate in his lifetime, on the records of the Common Pleas of Schuylkill county, against a defendant who was a resident of that county: Held, that letters of administration granted in another county, conferred no authority to do this, and thus withdraw the assets of the decedent from the local jurisdiction.</p>

<p>Nothing can call a Court of Equity into action but conscience, good faith, and diligence.</p> <p>When the articles of incorporation of a company do not direct how untaken stock shall be issued or sold, the company has the right to sell the same at auction.</p>

<p>A plaintiff has no power to release the defendant from payment of the officers’ costs and fees.</p>

<p>A preliminary injunction will not be granted to take property out of the possession of one party and give it to another.</p> <p>When the defendant built a church on his own land, with' his own money— had possession of the key and the entire control and ownership of the church, a preliminary injunction will not be granted to require him to deliver up the key to tlie trustees of the congregation, because he dedicated the church to religious worship — and received collections of money and contributions of materials and labor towards its erection—from individual members of the congregation.</p> <p>A parol sale of land when no possession is given is within the statute of frauds and cannot be enforced.</p>

<p>Exceptions to the report of the Auditor.</p>

<p>Rule to show cause why judgment should not be entered for want of a sufficient affidavit of defence.</p>

<p>An illegitimate child can only inherit from his mother, under the Act of Assembly, when the mother died before her father; such illegitimate cannot inherit from his grandfather.</p>

<p>Rule to strike off judgment.</p>

<p>If A. makes a note to B. or his order, intending to lend B. his credit, and gives it to B. to raise money on, B. cannot sue A. on that note ; hut if he indorses it to C., who discounts the note in good faith, knowing it, however, to he an accommodation note, and without valuable consideration, C. can nevertheless recover the money from A.</p>

<p>Defendants having failed 1o file in the Prothonotary’s office the names and location of the several parties of their firm, cannot take advantage of an omission to join them in a suit.</p> <p>A wrong service is cured by the appearance of the parties.</p> <p>Justice’s right to decide on the facts.</p>

<p>A party cannot remit part of liis claim so as to reduce to one hundred dollars, or less, tor the purpose of giving a justice of the peace jurisdiction, and a judgment upon such a claim may he objected to at any time.</p>

<p>1. While overseers of the poor of townships and directors of the poor of districts have authority to send insane paupers to the State lunatic hospitals, authority is also lodged with the courts to direct where insane persons, paupers as well as others, shall be kept; and in the case of paupers, this authority is to be exercised without any reference to the views or wishes of the overseers or directors of the proper township or district, as the case may be, on the subject of cost or otherwise.</p> <p>2. Whenever by direction of the court an indigent insane person is placed in one of the lunatic hospitals of the State, the county is primarily liable for the cost of care and maintenance, together with the expenses of removal; with remedy over, however against the township or poor district in which such insane person had a legal settlement at the time of his or her commitment.</p> <p>3. A county having paid for the maintenance of an insane pauper at a State Lunatic Hospital, may maintain an assumpsit for the amount against the township or poor district in which such pauper had a legal settlement at the time of his or her commitment; but not, however, until such settlement has been fixed by the adjudication of the Court of Quarter Sessions, under Act of 1845, after notice. Reimbursement may then be successfully sought by the township or poor district from the proper relatives of such insane pauper, if they are of sufficient ability.</p> <p>4. There is a distinction, however, between a legal settlement and a mere residence of such an insane pauper. If adjudication fixes it as the latter, after .. notice, then the *county is liable under the Act of 1854, without remedy against the particular township or poor district.</p> <p>5. It is not necessary that the adjudication fixing the legal settlement of such insane pauper should be had at the time of, or prior to, his or her commitment; it may be had subsequently.</p>