GEO. T. L,A\V AND STATIONERS. 7-4 -SAN'MOM HTKKKT. PHILADKL.PHIA. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY APPELLATE PRACTICED Containing the Provisions of the Constitution and Statutes and the Rules of the Supreme and Superior Courts, and the Decisions Thereon, WITH APPROPRIATE FORMS AND SUGGESTED FORMS OF PRACTICE, ALSO THE EQUITY RULES. BY JAMES MONAGHAN, FORMER STATE REPORTER, AND EDITOR MONAGHAN'S AITNUAL DIGEST OF DECISIONS. PHILADELPHIA : GEORGE T. BISEL COMPANY Law Publishers, Booksellers and Importers 1912 T I^ \<\\1 COPYRIGHT, 1912 THE GEORGE T. BISEL Co. JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA. HON. D. NEWLIN FELL, Chief Justice. HON. J. HAY BROWN, HON. S. LESLIE MESTREZAT, HON. WILLIAM P. POTTER, HON. JOHN P. ELKIN, HON. JOHN STEWART, HON. ROBERT VON MOSCHZISKER, Justices. JUDGES OF THE SUPERIOR COURT OF PENNSYLVANIA. HON. CHARLES E. RICE, President Judge. HON. WILLIAM D. PORTER, HON. JOHN J. HENDERSON, HON. THOMAS A. MORRISON, HON. GEORGE B. ORLADY, HON. JOHN B. HEAD, HON. JAMES A. BEAVER, Judges. State Reporter. WILLIAM I. SCHAFPEB, Chester, Pa. Assistant State Reporter. ALBERT B. WEIMER, Philadelphia. Prothonotaries of the Supreme and Superior Courts. At Philadelphia, Hon. JAMES T. MITCHELL; ALFRED B. ALLEN, Esq., Deputy. At Harrisburg, WILLIAM PEARSON, Esq. At Pittsburgh, GEORGE PEARSON, Esq. Prothonotaries of Superior Court. At Williamsport, BENJAMIN S. BENTLEY, Esq. At Scranton, SAMUEL H. STEVENS, Esq. State Board of Law Examiners: For names and addresses, see 20, note (1), pages 29 and 30. Secretary: CHARLES L. MCKEEHAN, Esq., 321 Chestnut St., Phila- delphia. ADDITIONS AND CORRECTIONS Assignments of Error to entering or refusing judgment for want of sufficient affidavit of defense (p. 525). After "rule," in second line, add: ''for judgment." Also add note as follows : [Where rule is made absolute no exception is necessary: Brainerd v. Davis, 21 Pa. Super. 599, 1902. See also 50, note (2); Act May n, 1911 (162),] Constitutional Questions. When an appeal is allowed from the Superior to the Supreme Court on account of a constitutional or analogous question, under Act June 24, 1895, P. L. 212, 121, 124, below, the hearing in the Supreme Court is limited to the question upon which the appeal is allowed. Equity Rules. Although not properly Appellate Practice, it has been thought best to include the Equity Rules in this volume, emanating as they do from the Supreme Court. They are found in the Appendix, beginning at page 582*. Rules of Court. Supreme Court Rule 40, and Superior Court Rule 29, as printed at 204 contain the following : "And eleven to the prothon- otary for the same purposes as the paper-book of the appellant." These rules were subsequently amended by omitting these clauses, as they were already contained in other rules. This correction is made in the rules as printed in the Appendix. 93 /^- Street Railways: After final judgment [in eminent domain cases by street railways] either party may appeal therefrom to the Super- ior Court or the Supreme Court, as the case may require. Act June i, 1907, 3, P- L. 370, 5 Purd. 5907, pi. 131. [The right of appeal exists also under the Constitution and Act of 1874. See 48.] Table of Cases. Com. v Heikes, 26 Pa. 513, is also cited in 46, n. (n) (c) instead of 43, n. (12), as stated in "Table of Cases." PREFACE. vii PREFACE. This volume gives in juxtaposition the appropriate pro- visions of the Constitution, the Acts of Assembly, and the Rules of Court on the various subjects of practice in the Supreme and Superior Courts of Pennsylvania, together with the great body of decisions on these subjects. Suggestions are made, as occasion seems to warrant, in the text, and in the forms in the Appendix, in regard to matters not covered by the Rules of Court or the decisions, for the facilitation of the business before the court. One such point of practice should be noted, which, al- though not required by rules of court, will greatly expe- dite the examination of alleged errors and conduce to ac- curacy of practice. The rules of court require a reference from the assignments of error to the page of the paper- book where rulings on evidence may be found in the printed notes of trial. Frequently there are several rulings on the same page, or a ruling may extend over several pages with various offers and admissions of evidence. It is not fair to the court nor to opposing counsel to require them to puzzle out the exact parts of the record assigned for error. The portions assigned should be enclosed within brackets and numbered with the number of the assign- ment. This is now required by the new rules as to the por- tions of the charge assigned for error. In no other way can the record complained of be conveniently read in connec- tion with the context. The editor cannot too earnestly urge the adoption of this practice. Attention is also directed to suggestions made for cer- tain forms in the printed argument in the paper-books, not required by the rules of court. The arrangement of the argument by logical divisions and sub-divisions is one of viii PREFACE. first importance. It helps to clarify the case; it greatly facilitates its examination both before the oral argument and afterwards; and, last, but not least, it tends to make a good impression on the court. A chapter has been added dealing with the subject of "Review on Appeal." Although not embraced by any of the rules of court, it is believed it will be found of substan- tial aid in the trial of cases in the lower courts, so that the record may not be open to objection and may be in proper condition for review. A word of caution should be given to practitioners who wish to introduce new points of practice. Be sure that they do not violate in any respect the letter or the spirit of the rules of court. If they do, it is unwise to introduce them without the direct sanction of the court. The last word to be said on the subject is that a strict compliance with the rules of court, the adoption of all avail- able means of simplifying appeals and presenting them in logical and uniform order, is not only the best, but also the safest, way. It is hoped that the present volume will con- tribute to this end. The editor acknowledges his indebtedness to Mr. George M. Henry, of the Philadelphia bar, for intelligent and painstaking assistance, in the preparation of this work. The editor also wishes to express his indebtedness to Mrs. Margaret C. Klingelsmith, librarian of the Law Li- brary of the University of Pennsylvania; Mr. Luther E. Hewitt, Librarian of the Law Association of Philadelphia, and Mr. Alfred B. Allen, Deputy Prothonotary of the Su- preme Court of Pennsylvania for the Eastern District, and to their obliging assistants, for numerous courtesies. THE EDITOR. February ist, 1912. TABLE OF CONTENTS. ix TABLE OF CONTENTS. CHAPTER I. ORGANIZATION OF THE APPELLATE COURTS. 1. Judicial Power. (A) How Vested. (B) Laws and Powers Conferred to be Uniform. 2. Supreme Court. (C) Local Laws Prohibited. (A) How Constituted Election and Term of Office. (B) Election by Limited Vote. (C) Quorum. 3. Chief Justice. (A) Commission, Priority of. (B) Determination by Lot. (C) Duties in Contested Election of Governor. 4. Vacancies Filled by Governor Term of Appointee Subse- quent Election. 5. Residence of Justices. 6. Compensation. (A) Salary. (B) Allowance for Clerical Assistance. 7. Districts and Terms. (A) Generally. (B) Prescribing Terms and Return-Days Special Return- Days. (C) Transfer of Counties and Change of Terms and Re- turn Days. (D) Continuance of Terms Special Terms. 8. Officers. (A) Prothonotaries Duties. (B) Crier Tipstaves Compensation Payment. TABLE OF CONTENTS. 9. Reporter. (A) Appointment and Commission. (B) Removal and Filling Vacancy by Governor. (C) Duties of Reporter. (D) All Cases to be Reported. 10. Reports. (A) Style. (B) Published by Contract. (C) Advertisement for Proposals. (D) Contractors to Give Bond. (E) Copyright. 11. Powers. (A) Generally. (B) To Devise New Writs. (C) To Award Process to Collect Costs, Fines, etc. (D) To Establish Rules of Practice. (E) To Issue Subpoenas to Witnesses. (F) To Arrange Terms and Return-Days. (G) To Have Seal in Each District Renewal. 12. Superior Court. (A) How Constituted Election. (B) Election by Limited Vote. (C) Term of Office. (D) Quorum. 13. President Judge. (A) Commission, Priority of. (B) Determination by Lot. 14. Vacancies Filled by Governor Subsequent Election Term. 15. Compensation. (A) Salary. (B) Allowance for Clerical Assistance. 16. Districts and Terms Hearing of Appeals. 17. Officers. (A) Prothonotaries Duties. (B) Crier Tipstaves Compensation. 18. Reporter Assistant Reporter Salary. 19. Powers Writs and Process Service Practice Seal. TABLE OF CONTENTS. xi CHAPTER II. ADMISSION OF ATTORNEYS. 20. State Board of Law Examiners. (A) Established. (B) Term of Office Duties Assistants Officers. (C) Circular of Information. 21. Supreme Court Requirements. Recommendation of State Board. 22. Attorneys who Have Practiced Two Years at Date of Rule. 23. Students Registered at Date of Rule. 24. Registration. Preliminary Examination. 25. Certificate Fees. 26. Final Examination. Preliminary Requirements. 27. Subjects Required. 28. How, When and Where Conducted. 29. Attorneys from Other States. Of Five Years' Standing. 30. Of One Year's Standing. 31. Of Less Than One Year's Standing. 32. Practice on Admission. 33. Superior Court Requirements. (A) Members of Bar of Supreme Court. (B) Members of Common Pleas of Two Years' Standing. (C) Applicants for Admission Generally Recommendation of State Board. (D) Attorneys from other States. CHAPTER III. TERRITORIAL AND ORIGINAL JURISDICTION. 34. Supreme Court. Territorial Jurisdiction. xii TABLE OF CONTENTS. 35. Original Jurisdiction. (A) Generally. (B) No Duties not Judicial Power of Appointment. 36. Injunction. (A) Generally. (B) Hearing Certifying to other Districts. 37. Habeas Corpus. 38. Mandamus. (A) Generally. (B) Certifying from One District to Another. (C) Hearing and Judgment Damages and Costs. 39. Quo Warranto. 40. Superior Court. Territorial Jurisdiction. 41. Original Jurisdiction Habeas Corpus. CHAPTER IV. APPELLATE JURISDICTION AND PARTIES GENERALLY. 42. Generally. (A) Constitutional Provision. (B) Power to Correct Errors of Inferior Courts. (C) Power to Issue Remedial Writs. (D) Power to Issue Execution for Costs, etc. 43. Judgments at Law Writ of Error Parties. 44. Orders and Decrees in Equity. (A) Generally. (B) Injunctions Granting and Refusing Special Injunc- tions. (C) Jurisdiction When Reviewable. 45. Decrees in Orphans' Court. 46. Criminal Cases. (A) Generally. (B) Murder and Voluntary Manslaughter Special Allow- ance Unnecessary. TABLE OF CONTENTS. xiii (C) Murder of First Degree Court to Examine for In- gredients. (D) Exceptions in all Cases Appeal by Commonwealth Special Allocatur. (E) Appeal from Oyer and Terminer Matter of Right. 47. Appeal not Precluded by Prior Appeal of Adverse Party. CHAPTER V. APPELLATE JURISDICTION AND PARTIES SPECIAL CASES. 48. Right of Review in Statutory Proceedings. (A) On the Merits. (B) Certiorari to Test Regularity. (C) Form of Writ All Proceedings to be Called Appeals. (D) Practice on Appeal. (E) Laws and Powers Conferred to be Uniform. 49. Account. (A) Preliminary Question of Liability in Equity. (B) Review of Accounts in Orphans' Court. (C) Tenants in Common of Mines. 50. Affidavits of Defense, Judgment for Insufficient. (A) Writ by Plaintiff. (B) Dismissing Writ or Entering Judgment in Appellate Court Right to Second Writ Preserved. 51. Arbitration Voluntary. (A) Either Party May Appeal. (B) Assignee for Benefit of Creditors. 52. Armories Condemnation of Unopened Public Highway. 53. Attorneys-at-Law Rehearing by Supreme Court. 54. Auditors' Settlements Municipalities, etc. (A) Judgment on Issue Joint Appeal by Taxpayers. (B) Appeal on Exceptions to Rulings. (C) Poor Districts Appeal by Accountant, Board of Direc- tors or Taxpayer. 55. Banks Fraudulent Insolvency Proceeding by Assignee. xvi TABLE OF CONTENTS. (B) Pipes, Character of and Manner of Laying. (C) Damages for Property Injured by Construction and Maintenance of Bridges. (D) Damages for Public Parks. (E) Damages for Public Grounds and Buildings. (F) Benefits and Damages Water-courses. (G) License Fees for Telegraph, Telephone, Light or Power Companies Reasonableness. (H) Cities of First Class Benefits and Damages Improv- ing Plotted Streets. (I) Cities of First Class Damages for School Purposes. (J) Cities of Second Class Regulations of Councils as te Use of Streets. (K) Cities of Third Class Benefits and Damages for Streets, Sewers, Water-courses and Public Works. (L) Cities of Third Class Benefits and Damages for En- closing Water-ways. 81. Natural Gas Companies. (A) Land Damages for Easement. 82. Non-SuitRefusal to Set Aside. 83. Orphans' Court Sales Refusal of Feigned Issue. 84. Partition. (A) Judgment Quod Partitio Fiat. (B) Mineral Lands Luzerne County. 85. Paupers Issue on Appeal from Order of Removal. 86. Pipe Line Companies. (A) Land Damages. (B) Forfeiture and Escheat by Quo Warranto. 87. Plank Roads Equity Proceedings. (A) Philadelphia District Court. (B) Common Pleas Generally. (C) Judgment Non Obstante Veredicto. (D) Judgment on Whole Record where Jury have Disagreed. 88. Points Reserved. 89. Quo Warranto. 90. Railroads Land Damages. TABLE OF CONTENTS. xvii 91. Real Estate. (A) Price Act Proceedings. (B) Quieting Title Refusal of Rule or Issue Judgment. 92. Recognizances, Forfeited. 93. Reference Under Act of 1874. 94. Tax Assessments. 95. Telegraph Companies Forfeiture and Escheat by Quo War- ranto. 96. Toll Bridges Purchase or Condemnation. (A) By Municipalities. (B) By Counties. 97. Townships First Class. (A) Land Damages Highways. (B) Damages and Expenses Connecting with Sewer of any Adjoining Municipality. (C) Land Damages Public Parks and Playgrounds. 98 Trial by Court Without Jury. (A) Review of Judgment. (B) Review on Exceptions. (C) Hearing. 99. Trustees. 100. Turnpikes. (A) Opening Land Damages Writ of Error. (B) Condemnation Roads Lying Wholly or in Part Within County Certiorari. (C) Writ of Error. (D) Line Dividing two Counties Certiorari. (E) Appeal. 101. Weakminded Persons Appointment of Guardian. CHAPTER VI. TO WHAT COURT APPEAL LIES. 102. Supreme Court. From Quarter Sessions Cases Involving Right to Public Office. xviii TABLE OF CONTENTS. 103. From Oyer and Terminer Cases of Felonious Homicide. 104. From Common Pleas. (A) Subject Matter Exceeding $1500 Actions Brought or Defended by Attorney General. (B) Distribution Proceedings where Appeal from Final Decree Lies to Supreme Court. 105. From Orphans' Court. (A) Subject Matter Exceeding $1500 Actions Brought or Defended by Attorney General. (B) Distribution Proceedings where Appeal from Final Decree Lies to Supreme Court. 106. In Damage Cases Joint Actions by Husband and Wife Parent and Child. 107. In Disbarment Proceedings. 108. Superior Court. From Quarter Sessions Cases Involving Right to Public Office Excepted. 109. From Oyer and Terminer Cases of Felonious Homicide Excepted. 110. From Common Pleas Subject Matter not Exceeding $1500, Except in Proceedings Brought or Defended by Attorney General. 111. From Orphans' Court Subject Matter not Exceeding $1500, Except in Proceedings Brought or Defended by Attorney General. 112. Agreement, Jurisdiction by. 113. In Divorce Cases. 114. In Labor Claims Under Act of 1897. 115. Objection to Jurisdiction Waiver Cost of Certifying. 116. Jurisdiction only Where Expressly Given Exclusive in Such Cases. 117. Determination of Amount in Controversy. (A) Realty and Chattel Cases Determined by Certificate of Judge. (B) Certificate to be Filed in Certain Cases. TABLE OF CONTENTS. xix (C) Production of Evidence to Aid in Making Up Certificate. (D) Other Cases Determined by Amount of Judgment, or by Record of Claim in Case of no Recovery. 118. Consolidation of Appeals in Certain Cases. (A) Similar Questions Involved. (B) Several Parties Uniting in Appeal. (C) Proceedings to Obtain Certificate as to Whether Appeal Affects Entire Report. (D) Certifying to Proper Court. 119. Stay of Proceedings in Superior Court Pending Decision of Same Questions in Supreme Court Certification to Supreme Court. 120. Appeal Erroneously Taken. (A) To Supreme Court. (B) To Superior Court. 121. Appeals from Decisions of Superior Court. 122. Appeal Waived by Agreement. 123. Proceedings in Supreme Court Entering Judgment Remit- ting Record. 124. Certification by Superior Court Judges. 125. Decisions of Supreme Court Binding on Superior Court. CHAPTER VII. TIME FOR TAKING APPEALS. 126. Appeals from Lower Courts. 127. No Exemptions Allowed. 128. Appeals from Superior Court. 129. Computation of Time Under Statutes. CHAPTER VIII. ENTRY OF APPEAL CERTIORARI FILING RECORD. 130. Appeal, Entry of. Name of Writ. 131. Praecipe. xx TABLE OF CONTENTS. 132. Filing Affidavit as to Delay, etc. 133. Rule to Appeal and Plead. 134. Fees. (A) Prothonotary of Appellate Court. (B) Prothonotary or Clerk of Lower Court. (C) Prothonotary or Clerk of Lower Court in Philadel- phia County. 135. Special Allowance Petition. 136. Filing of Petition Time Procedure after Allowance. 137. Costs of Filing. 138. Procedure after Notice of Allowance. 139. State Tax not Allowed. 140. Certiorari Return Time Special Order. 141. Writ Allowed for Failure to Return or Certify Whole Record. 142. Costs of Special Writs. 143. Duty of Prothonotary or Clerk of Lower Court. 144. Filing of Record Non Pros. 145. Special Return Days in Criminal Cases. (A) Supreme Court. (B) Superior Court. CHAPTER IX. RECORD OF COURT BELOW. 146. Whole Record Must be Certified to Appellate Court. 147. Charge of Court Reducing to Writing on Request Filing. 148. Points and Charge Written Answers Required Filing Civil Cases. 149. Criminal Cases. 150. Findings of Fact and Law in Equity Cases. 151. Exceptions to Evidence Criminal Cases. TABLE OF CONTENTS. xxi 152. Stenographic Notes of Proceedings Orphans' Court. 153. Common Pleas and Criminal Courts. 154. When Transcript Shall be Made. 155. Filing of Transcript Notice Practice Certification Form. 156. Excluding Part of Transcript by Agreement Order of Court Printing by Appellee Cost Printing Plans and Drawings. 157. Daily Transcript May be Required. 158. Notes to be Filed when Transcript not Required Cost to Counsel. 159. Payment for Transcript. (A) Generally. (B) Cases in Oyer and Terminer. (C) When it is Duty of Stenographer to File Transcript Without Order. 160. Hearing Before Examiner, etc. Transcript to be Furnished Evidence Compensation. 161. Exceptions, Bill of Sealing. 162. (A) Allowance by Trial Judge Unnecessary Evidence Charge Answers to Points Time and Manner of Taking. (B) Exception to Decision of Court Unnecessary Where Decision Appears in Proceedings. CHAPTER X. BAIL IN ERROR SUPERSEDEAS ALLOCATUR. / 163. Bail Where and How Entered To be Fixed by Prothonotary. 164. Approval by Court Below. 165. On Appeal from Superior Court Additional Bail. 166. Surety Who May not Become. 167. Supersedeas Execution Issued Appeal Must be Perfected Within Three Weeks. 168. Not Effected Without Security Except in Certain Cases. xxii TABLE OF CONTENTS. 169. Decree Directing Payment of Money Release of Lien of Judgment. 170. Decree Directing Assignment or Delivery of Personal Prop- erty. 171. Sale of Perishable Property. 172. Decree Directing Execution of Conveyance. 173. Decree Granting Injunction. 174. Decree in Actions Involving Title or Possession of Realty. 175. Decree Dismissing or Removing Persons Acting in Fiduciary Capacity. 176. Decree for Costs. 177. Decree Within More than One Class. 178. Distribution of Account, etc., or Award of Damages. 179. Special Allocatur Required in Certain Cases. 180. Procedure to Obtain. Supreme Court. 181. Superior Court. CHAPTER XL MODES OF REVIEW. 182. Appellate Proceedings Name and Procedure. CHAPTER XII. ASSIGNMENTS OF ERROR. 183. Specification of Errors Filing Non-Pros Quashing. 184. Equity Cases. (A) Question of Remedy at Law Waiver. (B) Exceptions Necessary. 185. Each Error Must be Specified Singly Exception in Case of Special Verdict. TABLE OF CONTENTS, xxiii 186. Charge, Points for Charge and Answe^ to/fye Quoted. 187. Admission or Rejection of Evidence. * jb*. 188. Appeals from Superior Court. /Dp 'ft j CHAPTER ^*r t **. PAPER-BOOKS. fa 189. Style, Index and Cover, etc. 190. Contents Paper-Books of Appellant Judgment on Verdict. 191. Judgment on Case Stated. 192. Judgments at Law not Founded on Verdict or Case Stated. 193. Equity and Orphans' Court. 194. Quarter Sessions Court. 195. Certificate of Amount in Controversy Quashing. 196. Statement of Question Involved. 197. History of Case. 198. Assignments of Error. 199. Brief of Argument. 200. Citation of Authorities. 201. Appeals from Superior Court. 202. Paper-Book of Appellee. 203. Service (A) Generally Number of Copies to be Furnished. (B) Criminal Cases. 204. Philadelphia County. 205. Penalty for Non-Compliance with Rules Non-Suit. CHAPTER XIV. HEARING OF CASES. 206. Argument List Supreme Court. (A) Appeals from Lower Courts. (B) Appeals from Superior Court. 207. Superior Court. xxiv TABLE OF CONTEXTS. 208. Call of Cases Absence of Parties Non-Pros Supreme and Superior Courts. 209. Weekly List Assignment of Cases Supreme Court. 210. Superior Court. 5211. Daily List Cases to be Non-Prossed if not Argued Su- preme and Superior Courts. 212. Short Causes Supreme Court. 213. Superior Court. 214. Certificate of Counsel Notice of Transfer. 215. Objection by Opposing Counsel. 216. Time for Hearing. 217. Time Allowed for Argument. 218. Criminal Cases Supreme Court Murder in First Degree. 219. Superior Court. 220. Continuance Allowed Only for Cause Supreme and Su- perior Courts. 221. Passing Case on List Supreme and Superior Courts. 222. Argument Order of Hearing Superior Court. 223. Time Allowed Supreme Court. 224. Ex Parte Supreme and Superior Courts. 225. Re-argument Motion Attaching Copy of Opinion. 226. Rule for New Trial Nunc Pro Tune in Murder Cases Petition. 227. Agreements and Notices of Attorneys to be in "Writing. CHAPTER XV. REVIEW ON APPEAL. 228. Judgment Power to Affirm, Reverse or Modify Decree Ap- pealed from or Grant New Trial. (A) Supreme Court. (B) Superior Court. (C) Equity Cases Question of Remedy at Law. TABLE OF CONTENTS. xxv 229. Review on Merits in Appeals from Orphans' Court. 230. Review of Law and Evidence in Capital Cases. 231. Merits of Case not to be Considered in Road Cases. CHAPTER XVI. AMENDMENTS QUASHING NON-PROS ABATEMENT DISCONTINUANCE. 232. Amendments. 233. Quashing writ. 234. Non-Pros Non-Suit. 235. Abatement Action to Survive to Personal Representatives. 236. Discontinuance. CHAPTER XVII. JUDGMENT COSTS PENALTIES RESTITUTION REMITTITUR. 237. Judgment to be Noted and Transmitted to Prothonotary of Court from which Appeal Was Taken. 238. Lien of Judgment. (A) When Lien Becomes Effective. (B) Release of Lien of Judgment of Lower Court on Taking Appeal Bail. 239. Costs. (A) To be Paid by Losing Party. (B) Payment by County in Murder Cases against Destitute Defendants. 240. Paper-Books Printing. 241. Special Writs and Petitions. 242. Penalties Appeals for Delay Additional Attorney Fee In- terest. 243. Restitution. 244. Remittitur Copy of Opinion to be Sent to Lower Court xxviii TABLE OF CONTENTS APPENDIX. Exhibit "C" Proof of Publication of Notice of Intended Application in "Legal Intelligencer." Exhibit "D" Proof of Publication of Notice of Intended Application in Local Periodical. Exhibit "E" Certificate of Good Moral Character. 11, Ap. Certificate of State Board Recommending Admission to the Bar. 12, Ap. Praecipe for Admission to Supreme Court on Recommenda- tion of State Board. 13, Ap. Praecipe for Admission to Superior Court Where Appli- cant Was Admitted to Common Pleas on or before May 22, 1903. 14, Ap. Where Applicant Has Been Admitted to Supreme Court. 15, Ap. On Recommendation of State Board. 16, Ap. Oath of Attorney on Admission to Bar. 17, Ap. Certificate of Admission of Attorney to Supreme Court. 18, Ap. Certificate of Admission of Attorney to Superior Court. 19, Ap. Certificate Recommending Admission to Bar of Another State. 20, Ap. Supreme Court Districts and Counties. 21, Ap. Supreme Court Terms and Return Days. 22, Ap. Superior Court Terms and Return Days. 23, Ap. Petition for Quo Warranto. 24, Ap. Affidavit Accompanying Petition for Quo Warranto. 25, Ap. Petition for Mandamus. 26, Ap. Petition for Habeas Corpus. 27, Ap. Petition for Special Allowance of Appeal from Superior to Supreme Court. 28, Ap. Objection by Appellee to Jurisdiction of Superior Court. 29, Ap. Petition of Appellant to Certify Case to Supreme Court. 30, Ap. Petition for Special Allowance o Supersedeas. 31, Ap. Bill of Exceptions. TABLE OF CONTENTS APPENDIX. xxix 32, Ap. Petition to Compel Sealing of Bill of Exceptions. 33, Ap. Writ Directing Exceptions fo be Sealed. 34, Ap. Certificate of Amount in Controversy. 35, Ap. Praecipe for Certiorari Supreme Court. 36, Ap. Praecipe for Certiorari Superior Court. 37, Ap. Appeal and Affidavit Appeal from Common Pleas to Su- preme Court. 38, Ap. Appeal and Affidavit Appeal from Orphans' Court to Su- preme Court. 39, Ap. Appeal and Affidavit Appeal from Common Pleas to Su- perior Court. 40, Ap. Appeal and Affidavit Appeal from Orphans' Court to Su- perior Court. 41, Ap. Certiorari for Eecord Appeal from Common Pleas to Su- preme Court. 42, Ap. Certiorari for Record Appeal from Orphans' Court to Su- preme Court. 43, Ap. Certiorari for Record Appeal fom Oyer and Terminer to Supreme Court. 44, Ap. Certiorari for Record Appeal from Quarter Sessions to Su- preme Court. 45, Ap. Certiorari for Record Appeal from Common Pleas to Su- perior Court. 46, Ap. Certiorari for Record Appeal from Orphans' Court to Su- perior Court. 47, Ap. Certiorari for Record Appeal from Oyer and Terminer to Superior Court. 48, Ap. Certiorari for Record Appeal from Quarter Sessions to Su- perior Court. 49, Ap. Petition Suggesting Diminution of Record; Decree. 50, Ap. Certiorari Sur Diminution of Record Supreme Court. 51, Ap. Certiorari Sur Diminution of Record Superior Court. 52, Ap. Appeal Bond Common Pleas. xxx TABLE OF CONTENTS APPENDIX. 53, Ap. Affidavit of Sureties Approval by Court. 54, Ap. Appeal Bond Orphans' Court. 55, Ap. Fixing Amount of Security Orphans' Court. 56, Ap. Order for Appearance by Appellee. 57, Ap. Substitution of Personal Representative of Deceased Party. 58, Ap. Forms for Paper-Books. (A) Appeal from Judgments on Verdicts. (B) Appeals from Judgments in the Common Pleas not Founded on Verdict or on Case-stated. (C) Appeals from Judgments in Cases-stated. (D) Appeals from Proceedings in Equity or from Proceedings in the Nature Thereof in the Com- mon Pleas. (E) Appeals from Orphans' Court. (F) Appeals to Superior Court from Proceedings in Quarter Sessions, in Cases not Provided for in Rule 17, (A) this Section. (G) Appeals in Criminal Cases. (H) Appeals from Superior Court. (I) Appeals in Cases not Provided for in the Rules. (K) Paper-book of Appellee. 59, Ap. Certificate of Counsel that Cases Cited Are not in State Reports. 60, Ap. Order to Put Case on Short List. 61, Ap. Certificate of Opposing Counsel to Remove Case from Short List. 62, Ap. Order for Discontinuance. 63, Ap. Petition for Rule to Show Cause Why Penalty for Taking Appeal for Delay Should not be Imposed. 64, Ap. Rule for Penalty. 65, Ap. Motion to Quash Appeal. 66, Ap. Petition for Rule to Take Off Non Pros. 67, Ap. Petition for Re-argument. TABLE OF CONTENTS APPENDIX. xxxi 68, Ap. Order and Rule on Petition for Re-argument. 69, Ap. Petition for Allowance of Rule for New Trial Nunc Pro Tune in Murder Case. 70, Ap. Remittitur Supreme Court. 71, Ap. Remittitur Superior Court. Page. Supreme Court Rules 550 Superior Court Rules 568 Equity Rules 582* PENNSYLVANIA APPELLATE PRACTICE CHAPTER I. ORGANIZATION OF THE APPELLATE COURTS. 1. Judicial Power. (A) How Vested. (B) Laws and Powers Conferred to be Uniform. (C) Local Laws Prohibited. 2. Supreme Court. (A) How Constituted Election and Term of Office. (B) Election by Limited Vote. (C) Quorum. 3. Chief Justice. (A) Commission, Priority of. (B) Determination by Lot. (C) Duties in Contested Election of Governor. 4. Vacancies Filled by Governor Term of Appointee Subse- quent Ejection. 5. Residence of Justices. 6. Compensation. (A) Salary. (B) Allowance for Clerical Assistance. 7. Districts and Terms. (A) Generally. (B) Prescribing Terms and Return-Days Special Return- Days. (C) Transfer of Counties and Change of Terms and Re- turn Days. (D) Continuance of Terms Special Terms. 8. Officers. (A) Prothonotaries Duties. (B) Crier Tipstaves Compensation Payment. ORGANIZATION OF COURTS. Synopsis of Chapter [Chap. 1, 9. Reporter. (A) Appointment and Commission. (B) Removal and Filling Vacancy by Governor. (C) Duties of Reporter. (D) All Cases to be Reported. 10. Reports. (A) Style. (B) Published by Contract. (C) Advertisement for Proposals. (D) Contractors to Give Bond. (E) Copyright. 11. Powers. (A) Generally. (B) To Devise New Writs. (C) To Award Process to Collect Costs, Fines, etc. (D) To Establish Rules of Practice. (E) To Issue Subpoenas to Witnesses. (F) To Arrange Terms and Return-Days. (G) To Have Seal in Each District Renewal. 12. Superior Court. (A) How Constituted Election. (B) Election by Limited Vote. (C) Term of Office. (D) Quorum. 13. President Judge. (A) Commission, Priority of. (B) Determination by Lot. 14. Vacanciesi Filled by Governor Subsequent Election Term. 15. Compensation. (A) Salary. (B) Allowance for Clerical Assistance. 16. Districts and Terms Hearing of Appeals. 17. Officers. (A) Prothonotaries Duties. (B) Crier Tipstaves Compensation. 18. Reporter Assistant Reporter Salary. 19. Powers Writs and Process Service Practice Seal. SUPREME COURT. 1-19] Judical Power Laws to be General and Uniform 1, 2 i. Judicial Power, How Vested. (A) The judicial power of this commonwealth shall be vested in a Supreme Court, [certain subordinate courts here named] and in such other courts as the General Assembly may from time to time establish. Const., art 5, i, i Purd. 173, pi. 103. (B) Laws and Powers Conferred to be Uniform. All laws relating to courts shall be general and of uniform op- eration, and the organization, jurisdiction and powers of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process and judgment of such courts, shall be uniform. Const., art 5, 26, I Purd. 183, pi. 128. (C) Local Laws Prohibited. The general assembly shall not pass any local or special law .... regulating the practice or jurisdiction of ... any judical proceeding or in- quiry before courts. Const., art. 3 7, i Purd. (152, pi. 52). (1) Constitutional Classification. Laws based on classification by the constitution are not local or special: Gottschall v. Campbell, 20 Dist. 612; affirmed in Supreme Court, Jan. 2, 1912. (2) Superior Court. The Superior Court was established under the last clause of this sectiou of the Constitution by Act June 24, 1895, P. L. 212, 12, below : Com. v. Reeder, 171 Pa. 505, 1895. (3) Provision as to Uniformity Prospective only. The provision of the constitution as to uniformity is prospective only and does not execute itself: Lehigh Iron Co. v. Twp., 81 Pa. 482, 1876; Bright v. Coal & Mining Co., 10 Phila. 609, 1874; Wattson v. R. R., 83 Pa. 254, 1877 ; Risheberger v. Wilson, 25 C. C. 465, 1901. 2. Supreme Court (A) How Constituted Election and Term of Office. The Supreme Court shall consist of seven judges, who shall be elected by the qualified electors of the state at large. They shall hold their offices for the term of twenty-one years, if they so long behave them- selves well, but shall not be again eligible. Const., art. 5, 2, i Purd. 175, pi. 104. ORGANIZATION OF COURTS. 2 Supreme Court Election Term Quorum [Chap. 1, All judges elected by the electors of the state at large may be elected at either a general or municipal election, as circumstances may require. Const., art. 8, 3, as amended Nov. 2, 1909. (B) Election by Limited Vote. Whenever two Judges of the Supreme Court are to be chosen for the same term of service each voter shall vote for one only, and when three are to be chosen he shall vote for no more than two; candidates highest in vote shall be declared elected. Const., art 5, 16, I Purd. 180, pi. 118. (C) Quorum. The said Judges [of the Supreme Court] or a majority of them, when convened for the pur- pose agreeably to law, shall have power to hold the said court. Act April 14, 1834, 2, P. L. 333, 4 Purd. 4508, pi. 3. (1) Qualifications. The Judges of the Supreme Court shall be learned in the law .... and shall be qualified electors of this commonwealth, and shall be otherwise qualified as required by the second section of the fifth article of the constitution of this common- wealth (2 (A), above) : Act April 15, 1851, 3, P. L. 648, 4 Purd. 4508, pi. 4. (2) Quorum Personal Interest. If one or more of the justices decline to sit because of personal interest, the powers of the court nec- essarily devolve on the remaining judges, even if only a minority of the court. Com. v. Mathues, 210 Pa. 372, 1904. (3) Beginning of Term of Office. Act April 30, 1874, 1, P. L. 118, 4 Purd. 4509, provides that term shall begin on 1st Monday of Janu- ary succeeding their election. It ends on first Monday of January twenty-one years later, though such Monday falls on later day of month: Lewis's Case, 29 Pa. 518, 1857. (4) Commissions of Judges. Commissions are granted by the Gov- ernor for the term prescribed by the constitution : Act April 15, 1851, 11, P. L. 648, 4 Purd. 4509, pi. 6, where act is erroneously cited as Act of 1849. See 4, below, as to vacancies. (5) Election of Judges. The Act of April 15, 1851, P. L. 648, 2 Purd. 2031, et seq., providing for the election of Judges of the Su- preme Court, is repealed only so far as modified by the general elec- tion Acts: Barber's Case, 86 Pa. 392, 1878. SUPREME COURT. 1-19] Election Chief Justice Determination by Lot Duties 3 (6) Contested Elections of Judges. For statutes governing con- tested election of judges, see Act May 19, 1874, P. L. 208, 2 Purd. 1383, pi. 326, and Act June 12, 1878, P. L. 204, 63 (B), (C) and (D) below, 2 Purd. 1386-7, pi. 351-4; Id. 2034, pi. 17-20; also Const., art. 8, 17, 1 Purd. 191, pi. 152. The Constitution and these Acts repeal prior acts only so far as modified thereby: Barber's Case, 86 Pa. 392, 1878. (7) General and Municipal Elections. Under the constitutional amendments of 1909, general elections are to be held on Tuesday after the first Monday of November in even-numbered years, and municipal elections on the same day in odd-numbered years. The constitutional distinction between general and local elections must be read into the statutes regulating elections: Wilkes-Barre Record v. Luzerne Co., 6 Pa. Super. 600, 1898; affirming 9 Kulp 26, 1897. (8) Election after Vacancies. For provision as to election after vacancies, see 4, below. 3. Chief Justice (A) Commission, Priority of. The judge whose commission shall first expire shall be Chief Justice, and thereafter each judge whose commission shall first expire shall in turn be Chief Justice. Const., art. 5, 2, i Purd. 175, pi. 104. (B) Determination by Lot. Should any two or more Judges of the Supreme Court, or any two or more judges of the court of common pleas for the same dis- trict, be elected at the same time, they shall, as soon after the election as convenient, cast lots for priority of commission, and certify the result to the Governor who shall issue their commissions in accordance therewith. Const., art. 5, 17, i Purd. 180, pi. 119. (C) Duties in Contested Election of Governor. The Chief Justice of the Supreme Court shall preside upon the trial of any contested election of Governor, or Lieu- tenant-Governor, and shall decide questions regarding the admissibility of evidence, and shall, upon request of the committee [selected by both houses of the General Assem- ORGANIZATION OF COURTS. 4 Supreme Court Vacancies [Chap. 1, bly, under art. 4, 2, of the Constitution], pronounce his opinion upon other questions of law involved in the trial. Const., art. 4, 17, i Purd. 173, pi. 97. 4. Vacancies Filled by Governor Term of Ap- pointee Subsequent Election. Any vacancy happening by death, resignation or otherwise, in any court of record, shall be filled by appointment by the Governor, to continue till the first Monday of January next succeeding the first general (or municipal) election which shall occur three (two) or more months after the happening of such va- cancy. Const., art. 5, 25, I Purd. 183, P. L. 127, as amend- ed in effect in 1909. See note (2), this section. He [the Governor] shall have power to fill any vacancy that may happen, during the recess of the Senate, [in certain offices named] in a judicial office, or in any other elective office which he is or may be authorized to fill; if the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, be- fore their final adjournment, a proper person to fill said vacancy; but in any such case of vacancy in an elective office, a person shall be chosen to said office on the next election day appropriate to such office, according to the provisions of this constitution, unless the vacancy shall happen within two calendar months immediately pre- ceding such election day, in which case the election for said office shall be held on the second succeeding election day appropriate to such office. Const., art. 4, 8, I Purd. 170, pi. 88, as amended Nov. 2, 1909. (1) Computing Time of Vacancy. This period excludes the day on which the vacancy occurs and includes election day : Com. v. Maxwell, 27 Pa. 444, 1857; Judge's Commission, 2 Chester Co., 317, 1884. (2) Constitutional Amendment of 1909. The above amendment, in so far as it provides that unless a vacancy occurs within two SUPREME COURT. 1-19] Residence of Justices Compensation 5, 6 months preceding an election it shall be filled at such election, is in- consistent with 25 of art. 5, above, which fixes the time at three months prior to election. Amendment to 3, art. 8, (2 (A), above), is also inconsistent with 25 of art. 5, in so far as it provides for the election of judges at municipal elections. Art. 5, 25, above, is there- fore amended in these respects. Com. v. Mathues, 210 Pa. 372, 1905, does not seem to conflict with this interpretation. (3) Vacancy by Resignation for Disability. See 6 note (4), below. 5. Residence of Justices. The Judges of the Su- preme Court, during their continuance in office, shall reside within this commonwealth. Const., art. 5, 19, I Purd. 181, pi. 121. 6. - Compensation (A) Salary. The Judges of the Supreme Court and the judges of the several courts of common pleas, and all other judges required to be learned in the law, shall at stated times receive for their services an adequate compensation, which shall be fixed by law, and paid by the state. They shall receive no other compensa- tion, fees or perquisites of office for their services from any source, nor hold any other office of profit under the United States, this state or any other state. Const., art. 5, 18, i Purd. 1 80, pi. 1 20. (B) Allowance for Clerical Assistance. To facili- tate the labors of the Justices of the Supreme Court, each of said Justices is hereby authorized to employ stenogra- phers, typewriters and such clerk or clerks as in his judg- ment may be necessary to facilitate his labors, and for the payment of the services of such person or persons employ- ed by him, each of the members of the said court is to be allowed the sum of twenty-five hundred dollars, annually, or so much thereof as may be necessary, to be paid to him in quarterly payments by the state treasurer on his war- ORGANIZATION OF COURTS. 6 Supreme Court Compensation of Justices [Chap. 1, rants upon said officer for the same. Act June i, 1901, i> P. L. 356, 4 Purd. 4511, pi. 24. (1) Salary of Justices. The annual salary of the Chief Justice shall be ten thousand five hundred dollars, and the annual salary of each of the Associate Justices shall be ten thousand dollars: Act April 14, 1903, 1, P. L. 175, 4 Purd. 4363, pi. 74. (2) Increase of Salary. Act April 14, 1903, P. L. 175, fixing the salary of the Judges of the Supreme Court and of the other courts of the commonwealth, applies to all judges in commission when the act was approved and not merely to those commissioned thereafter. The provision of Const., art. 3, 13, 1 Purd. 162, that "no law shall ex- tend the term of any public officer or increase or diminish his salary or emoluments after his election or appointment," has no application to the judiciary and cannot be read into the judiciary article : Com. v. Mathues, 210 Pa. 372, 1904. (3) Payment of Salary. The annual salary of the Justices shall be paid monthly. Act April 14, 1903, 5, P. L. 175, 4 Purd. 4364, pi. 78. (4) Salary on Retirement for Disability. The Act of June 23, 1911, P. L. 1121, provides that whenever the governor is of the opinion, based on satisfactory medical evidence, that by reason of physical or mental disability, a judge of the Supreme or Superior Court is per- manently incapacitated for performance of his duties, he shall notify such judge, and if the latter shall resign within 30 days after such notice, and shall hold himself in readiness to advise with his suc- cessors and colleagues and perform duties as special master, referee, or examiner in such ways as he may be reasonably able to do, he shall receive, for the balance of the term for which he was elected, the salary he would have received if he had remained in active ser- vice. The Act also provides that any judge so resigning, who shall have serviced continuously in judicial office for twenty years or more prior to his resignation and who shall hold himself in readiness to perform the duties above stated, shall receive, during the remainder of his life, after the expiration of his term, one-half of the salary he would have received in active service. Any judge who shall have served continuously in office for twenty years or more and who shall hold himself in readiness to perform the duties stated, is also allowed one-half salary for the remainder of his life, after his honorable re- tirement from office, by expiration of term, resignation, or otherwise. Any vacancies created by retirement under said act, are to be filled in the same manner as other vacancies in judicial office. 8 SUPREME COURT. 1-19] Districts and Terms 7 7. Districts and Terms (A) Generally. For the purpose of holding the said Supreme Court, the common- wealth is hereby declared to be divided into four districts, denominated the eastern district, the western district, the northern district and the middle district. Act April 14, 1834, 4, P. L. 333, 4 Purd. 4509, pi. 10. (B) Prescribing Terms and Return-Days Special Return-Days. The Judges of the Supreme Court shall annually hold four regular terms of the said court, to-wit: One for the eastern district, in the city of Philadelphia, commencing on the first Mon- day of January . . . . ; one for the middle dis- trict at [the borough of] Harrisburg, commencing on the twentieth Monday of each year . . . . ; one for the northern district, commencing on the third Mon- day of September . . . . ; and one for the west- ern district, at the city of Pittsburgh, commencing on the first Monday of October. Act April 26, 1855, i, P. L. 305, 4 Purd. 4510, pi. 12, as amended by Act May 5, 1871, i and 2, P. L. 251, and Rule of Court, Appendix, 21. The return day of appeals for the second period of Phila- delphia county shall be the twelfth Monday of the term. Supreme Court Rule 25. The Judges of the Supreme Court shall have power to prescribe, by rule of court, certain days, within the terms thereof, to be holden as aforesaid, for the return of writs from the several judicial districts comprised within the re- spective districts of the said Supreme Court; and the causes returned thereon shall be taken up in the order so established. Act April 14, 1834, 15, P. L. 333, 4 Purd. 4511, pi. 22. The said Supreme Court is authorized also to appoint special return-days in the said court, in term time or vaca- ORGANIZATION OF COURTS. 7 Supreme Court Districts and Terms [Chap. 1, tion, in each and every of the districts aforesaid, for the convenience of suitors and the furtherance of justice; and the days and times so appointed, having been entered upon the records of the said court for the respective district, shall thenceforth be deemed legal return-days therein. Act April 14, 1834, 14, P. L. 333, 4 Purd. 4511, pi. 21. (C) Transfer of Counties and Change of Terms and Return-Days. The Supreme Court are authorized, from time to time in their discretion, to change and transfer from one district to another any county or counties of the commonwealth; and, for the purpose of expediting the dis- posal of the business of the county or counties so trans- ferred and changed, to change the return days of the term of the several districts in the commonwealth; to change, increase or diminish the number of weeks of the respective terms, in any district; and to make all the orders, rules and decrees necessary to carry the provisions of this section into effect. Act May 5, 1876, i, P. L. 115, 4 Purd. 4509, pi. ii. (D) Continuance of Terms Special Terms. The Judges of the said Supreme Court shall continue, by ad- journment, the said terms whenever the business which may be depending before them, at any of the places afore- said, shall render it necessary, so always as not to inter- fere with their duties in any other of the districts aforesaid; and in addition thereto, the said Supreme Court shall have power to order special terms, to be holden at the seat of justice of any county within this commonwealth, for the purpose of hearing arguments and the disposition of causes pending in said court from said county, or any other coun- ties within the same judicial district. Act April 26, 1855, 2, P. L. 305, 4 Purd. 4510, pi. 13. (1) Northern District. By Act May 5, 1871, 2, P. L. 251, causes 10 SUPREME COURT. 1-19] Districts and Terms Officers 8 from the northern district may be heard at such time and place as the judges of the Supreme Court may assign. The northern district is now practically abolished, no counties being assigned to it by the Su- preme Court. (2) Terms and Return Days July Term. See Appendix, 20, and 21, for districts, terms and return days, fixed by Acts of 1834, 1855, 1871, and 1876, (B), (C) and (D) above, and the orders of the court thereunder. See also 145 below for special return days in criminal cases as provided by rules of court. Act April 14, 1834, 7, P. L. 333, 4 Purd. 4510, pi. 14, provides that a Judge or Judges of the Supreme Court shall sit on the last Monday of July in the eastern district to grant rules and make necessary orders preparatory to hearing, trial or decision of any case returned to or depending in said court there. Such Act is limited to the pur- poses enumerated, which does not include the entry of judgment : Pa. Ins. Co. v. Passmore, 4 S. & R. 507, 1818; nor the general transaction of business: Kearney v. McCullough, 5 Bin. 389, 1813. This act is not enforced. (3) Form of Writ. Act of June 16, 1836, 8, P. L. 784, 4 Purd. 4519, pi. 44, requires writs to be in the name of "The Commonwealth of Pennsylvania" and that they shall bear teste in the name of the Chief Justice, or, if he be a party, in the name of one of the other judges, and be sealed with the judicial seal. (4) Effect of Division of District on Jurisdiction of Court. See 34 note (1), below. 8. Officers (A) Prothonotaries Duties. A pro- thonotary or clerk shall be appointed for the said Supreme Court at each of the places of holding the same as afore- said; he shall have the custody of the records and seal of the court for the respective district, and keep the same at the place of holding such court, and in the apartments pro- vided by authority of law for that purpose, and he shall faithfully perform, under the direction of the court, all the duties appertaining to his office. Act April 14, 1834, 9, P. L. 333, 4 Purd. 4510, pi. 16. (B) Crier Tipstaves Compensation Payment. The Judges of the Supreme Court be and they are hereby ii ORGANIZATION OF COURTS. 8 Supreme Court Officers Compensation [Chap. 1, authorized to appoint one crier and so many tipstaves as said court may be necessary in each and every city and county in which said court is or shall be held, whose com- pensation shall be fixed by the judges of the said court, which compensation shall be paid by the commonwealth, on bills approved by the prothonotary of said court, in pur- suance of a rule to be made for this purpose, which shall be certified to the auditor general, who shall draw his war- rant on the state treasurer in favor of said court crier and tipstaves. Act April 24, 1905, i, P. L. 306. (1) Officers Attorneys. Attorneys are officers of the Court: H. T.'s Case, 2 Penny. 84, 1882. For admission of attorneys, see Chap- ter II, 20 et seq., below. (2) Deputy Prothonotary Clerk Salaries Eastern District. The prothonotary of the eastern district is authorized to appoint a deputy prothonotary at a salary of two thousand dollars per annum, to perform all duties of said prothonotary when he shall be absent or unable to attend to same by reason of sickness; and also to ap- point one clerk, whose salary shall be eight hundred dollars per an- num: Act May 4, 1905, 1, P. L. 384. Middle District. The prothonotary of the middle district is au- thorized to appoint a deputy prothonotary at a salary of seven hun- dred and twenty dollars per annum: Id. 2, as amended by Act April 21, 1911, P. L. 81. Payment of Salaries. Salaries thus created shall be paid quar- terly by warrant drawn by the auditor general on the state treasurer: Id. 3. (3) Compensation of Prothonotary. The prothonotary is com- pensated for his services by fees provided by Act Feb. 22, 1821, 4, 7 Sm. L. 370, 2 Purd. 1648, pi. 70, and amendment of May 19, 1897, 3, P. L. 67, 2 Purd. 1447, pi. 50, 134 (A), below. The Act of 1897, 3, repeals so much of the Act of 1821 as applies to "fees on ap- peals," but it does not affect the earlier fee bill in cases of original jurisdiction of the appellate courts, or in other cases not provided for by the later act. (4) Expenses of Holding Court. By Act May 26, 1855, 12, P. L. 264, the city of Philadelphia was required to provide adequate court rooms for the Supreme Court, when sitting in said city. This im- poses the incidental expenses of holding the court on the city: Bar- 12 SUPREME COURT. 1-19] Reporter Appointment Removal Duties 9 rington v. Phila., 7 W. N. C. 178, 1879. The county of Allegheny is liable for these expenses in the western district: McCalmont v. Alle- gheny Co., 29 Pa. 417, 1857. By Act of April 14, 1834, 16, P. L. 369, 4 Purd. 4511, pi. 23, the county of Dauphin is required to fit up and furnish the Supreme Court rooms at Harrisburg. The court is given the use of the law library of the state during their sessions at Harrisburg, the prothonotary to give bond for the return of the books. 9. Reporter (A) Appointment and Commission. The Governor, within twenty days after this act goes into effect, shall nominate and, by and with the advice and con- sent of two-thirds of all the members of the Senate, when in session, or if not in session, at the time of such appoint- ment, subject to such advice and consent of the Senate at its next session, and, on taking the security hereinafter re- quired, shall commission for the period of five years, and every five years thereafter, a person of known integrity and learning in the law, to be reporter of the decisions of the Supreme Court of this state. Act June 12, 1878, i, P. L. 201, 4 Purd. 4456, pi. i. (B) Removal and Filling Vacancy. The Gover- nor may at any time remove said reporter for incompetency or a failure to promptly discharge his official duties, on the address of any one or more of the judges of said court, made to him in writing; and shall have power to fill any vacancy which may occur by death, removal or otherwise, by the appointment of a reporter, to continue for the term of five years thereafter. Act May 19, 1887, i, P. L. 127, 4 Purd. 4456, pi. 2. See also note (7), this section. (C) Duties of Reporter. The reporter shall, when required by the court, attend its sessions and consultations, and, under its direction, promptly report and prepare for publication such of its decisions as the court may designate ; but, before the publication thereof, he shall submit the 13 ORGANIZATION OF COURTS. 9 Supreme Court Keporter Duties Cases to be Reported [Chap. 1, syllabus of every case by him reported to the judge who delivered the opinion, for correction and approval. Act May 19, 1887, i, P. L. 127, 4 Purd. 4456, pi. 4. - (D) All Cases to be Reported. It shall be the duty of the state reporter, to report, in the authorized series of reports, all the cases decided by the Supreme Court of this commonwealth; those cases marked by the several Justices of said court "to be reported," shall be reported in the man- ner heretofore practiced; those cases not so marked, shall be condensed by the omission therefrom of all parts of the history, arguments and opinion of the court below, not nec- essary to a proper understanding of the points ruled. Act March 28, 1889, i, P. L. 22, 4 Purd. 4457, pi. 5. (1) Security. The reporter must give bond with at least two suf- ficient sureties, to be approved by the Governor, in the sum of five thousand dollars, for the correct and faithful performance of his offi- cial duties : Act June 12, 1878, 1, P. L. 201, 4 Purd. 4456, pi. 1. (2) Salary. The reporter shall receive $5,000 per annum, payable quarterly : Acts of May 6, 1909, P. L. 433 ; June 12, 1878, 6, P. L. 201. The last quarterly payment is not payable until the decisions for that year shall have been reported, but this does not apply to a reporter whose term of office has expired: State Reporter's Case, 150 Pa. 550, 1892. The practice is to pay the salary quarterly without reference to the decisions reported. The reporter is allowed the additional sum of three thousand dollars per annum for stationery, clerk hire and assistance: Act of March 28, 1889, 2, P. L. 22. This allow- ance was doubtless made as compensation for the extra labor of re- porting all the cases, required by that statute. (3) Cases Left Unreported by Outgoing Reporter. The decisions of the Supreme Court left unreported at the end of the term of the outgoing reporter must be reported by his successor, as the former is functus officio: State Reporter's Case, 150 Pa. 550, 1892. (4) Minority Opinions Publication of, Authorized. The re- porter was authorized to publish minority opinions on all constitu- tional questions by Act March 3, 1868, 1, P. L. 46. It has been the practice for a long time to publish all opinions. (5) Marking Cases to be Reported. It is no longer the practice 14 SUPREME COURT. 1-19] Reporter Reports Style 10 for the justices to mark cases "to be reported." No case has been so marked since Barr's Case, 188 Pa. 122, 1898. (6) Opinions and Paper-Books to be Filed. Act May 11, 1871, 1, P. L. 266, 4 Purd. 4520, requires Supreme Court Judges to give writ- ten opinions on every point on which judgment of reversal shall be en- tered and in such other cases as shall be deemed by a majority to be of sufficient importance. The Act of April 11, 1845, 2, P. L. 374, 4 Purd. 4520, requires the Judges of the Supreme Court to reduce their opinions in every case to writing, marking those deemed of suf- ficient importance for publication, and to file the same, together with one of the paper-books, amongst the records of said court. (7) Removal of Reporter. Article 6, 4, of the constitution pro- vides, inter alia, as follows: "Appointed officers, other than judges of the courts of record, and the superintendent of public instruction, may be removed at the pleasure of the power by which they shall have been appointed," (1 Purd. 184, pi. 133). It has been held that this provision does not apply to subordinate ministerial agents or em- ployees, and statutory regulations limiting the power of removal as to such are binding. See Com. v. Black, 201 Pa. 433, 1902, re- versing 47 Pitts. L. J. (0. S.) 1, 1900; overruling Com. v. *Rutherford, 8 Dist. 349, 1899. See also Com. v. Stokley, 4 C. C. 334, 1887; Saul v. Scranton, 9 Dist. 156, 1900. The provisions of 1 of Act May 19, 1887, following the portion of the section given in (B) above, requiring the governor to remove the reporter for failure to report the cases as promptly as therein stated seems to be repealed by Act March 28, 1889, above (D) : State Reporter's Case, 150 Pa. 550, 1892. 10. Reports (A) Style. The said reports shall be printed on first-class book paper, and bound in good full law sheep, in style not inferior to volume one of Har- ris's reports, and shall be in form and manner of execution similar thereto, and shall contain not less than seven hun- dred pages of printed matter in each volume, including an index and table of cases similar to those in said volume, which shall be prepared and furnished by said reporter; and there shall be printed on the back of each of said vol- umes, the words "Pennsylvania State Reports," the num- ber of the volume in the series of said State reports, the 15 ORGANIZATION OF COURTS. 10 Supreme Court Reports Publication of [Chap. 1, name of the reporter, and the number of the volume in his series, with the year when published. Act June 12, 1878, 5, P. L. 201, 4 Purd. 4457, pi. 8. (B) Published by Contract. The reporter shall have no pecuniary interest in such reports, but the same shall be published, under the supervision of the reporter, by contract, to be entered into by the reporter, secretary of the commonwealth, and auditor-general, with such person or persons who, in addition to furnishing the state li- brarian, for library and exchange, fifty copies of each vol- ume, shall agree to publish and sell the said reports on terms the most advantageous to the public and at the lowest price; which contract shall be for a term of ten years, and shall provide that every volume printed under such contract shall be stereotyped, and the plates thereof preserved, and be delivered to the secretary of the com- monwealth as the property of the state, within three years after the expiration of the contract; and shall further pro- vide that all volumes published under such contract shall be kept by the contractor at some convenient place within this commonwealth, to be designated by the said secre- tary, for sale, at the contract price, to all citizens of the commonwealth desiring the same, during the term of his said contract, and for five years thereafter. Act June 12, 1878, 7, P. L. 201, 4 Purd. 4457, pi. 10. (C) Advertisement for Proposals. Before letting any contract as provided by this act, the secretary of the commonwealth shall give notice of the time and place of awarding the contract, by advertisement in the newspaper having the greatest circulation in each of the cities of Philadelphia and Pittsburgh, once a week for six consecu- tive weeks immediately preceding the letting of such con- tract, and shall receive sealed proposals or bids, and shall 16 SUPREME COURT. 1-19] Reports Publication of Powers of Court 10, 11 award the contract to the lowest bidder who can give the security required by the ninth section of this act. Act June 12, 1878, 8, P. L. 201, 4 Purd. 4457, pi. n. (D) Contractors to Give Bond. The person to whom any contract shall be awarded under this act shall, at the time of executing said contract, give bond to the com- monwealth, with at least three sureties, to be approved by the Governor, in the sum of twenty thousand dollars, condi- tioned for the faithful performance of said contract. Act June 12, 1878, 9, P. L. 201, 4 Purd. 4457, pi. 12. (E) Copyright. It shall not be lawful for the re- porter, or any other person, to secure or obtain any copy- right of said reports. Act June 12, 1878, 11, P. L. 201, 4 Purd. 4458, pi. 14. (1) Numbering of Volumes. The number of the volume in the reporter's series was dropped, beginning with Monaghan's Reports, and a rule of court was subsequently made requiring all citations to be by the number of the state series: Supreme Court Rule 37, 200, below. The change from the old to the new method of citation is re- viewed and commended in the valuable address of Mr. Chief Justice Mitchell, "Hints upon Practice in Appeals," delivered before the alumni of the Law Department of the University of Pennsylvania and published in part in 43 Am. L. Reg. N. S., 337, 349, 1904, and in 52 Pitts. L. J. (N. S.) 35, 81, 89, 1904. (2) Practice as to Copyright. The practice is to copyright the re- ports in the name of the secretary of the commonwealth for the time being "for the State of Pennsylvania." n. Powers of Court (A) Generally. The said judges .... shall have full power to hold the said court, and therein to hear and determine all causes, mat- ters and things, cognizable in the said court; . . . and generally shall minister justice to all persons, and exercise the jurisdictions and powers hereby granted, concerning all and singular the premises, according to law, as fully and 17 ORGANIZATION OF COURTS. 11 Supreme Court General Powers [Chap. 1, amply, to all intents and purposes whatsoever, as the jus- tices of the court of king's bench, common pleas and ex- chequer, at Westminster, or any of them, can or may do. Act May 22, 1722, 13, i Sm. L. 140, 4 Purd. 4512, pi. 26. (B) To Devise New Writs. It shall be the duty of the Supreme Court, at their sessions in bane, from time to time to devise and establish, by rule of court, such new writs and forms of proceedings as in their opinion shall be necessary or convenient to the full, direct and uniform exe- cution of the powers and jurisdiction possessed by the said court, or by the courts of common pleas, district courts, orphans' courts [or registers' courts]. Act June 16, 1836, 3, P. L. 785, 4 Purd. 4518, pi. 39- Provided, That nothing herein contained, shall be deem- ed to authorize the said court to enlarge, abridge or alter the jurisdiction of any of the courts, or to impair the right of trial by jury or to dispense with or to supply the use of any form of proceeding, which shall be made necessary by any Act of Assembly. Act June 16, 1836, 4, P. L. 785, 4 Purd. 4518, pi. 40. - (C) To Award Process to Collect Costs, Fines, etc. The Supreme Court of this commonwealth .... shall have power and is required to issue execution or other process for the recovery of costs which have accrued, or may accrue, in said Supreme Court, as well as in all cases which have been heretofore decided. Act June 16, 1836, i, P. L. 785, 4 Purd. 45M-I6, pi. 30. Each of the said [appellate and lower] courts shall have power to award process to levy and recover such fines, for- feitures and amercements as shall be imposed, taxed or 18 SUPREME COURT. 1-19] General Powers 11 adjudged by them respectively. Act June 16, 1836, 20, P. L. 785, 4 Purd. 4520, pi. 48. And also shall award process for levying as well of such fines, forfeitures and amerciaments as shall be estreated into the said Supreme Court, as of the fines, forfeitures and amerciaments which shall be lost, taxed and set there and not paid to the uses (to which) they are or shall be appro- priated. Act May 22, 1722, 13, i Sm. L. 131, 4 Purd. 4512, pi. 26. - (D) To Establish Rules of Practice. Each of the said courts shall have full power and authority to establish such rules for regulating the practice thereof, respectively, and for expediting the determination of suits, causes and proceedings therein, as, in their discretion, they shall judge necessary or proper: Provided, That such rules shall not be inconsistent with the constitution and laws of this com- monwealth. Act June 16, 1836, 21, P. L. 785, 4 Purd. 4520, pi. 49. (E) To Issue Subpoenas to Witnesses. Each of the said courts is empowered to issue writs of subpoena, under their official seal, into any county of this common- wealth, to summon and bring before the respective court any person to give testimony in any cause or matter de- pending before them, under the penalties hitherto appoint- ed and allowed in any such case by the laws of this com- monwealth. Act June 16, 1836, 22, P. L. 785, 4 Purd. 4520, pi. 50. (F) To Arrange Terms and Return-Days. See 7 (B), (C) and (D), above. (G) To Have Seal in Each District Renewal. The Supreme Court shall have, in each of the dis- tricts aforesaid, a seal, for the use of the said court, hav- ing engraved thereon the arms of this commonwealth, 19 ORGANIZATION OF COURTS. 11 Supreme Court General Powers [Chap. 1, underneath the arms the figures "1776", and around the edge and near the extremity or margin thereof, the words following, "Seal of the Supreme Court of Pennsylvania," and such other words and devices as are inscribed on the seals of the said court now in use; and the said seals may be renewed under the direction of the said court as often as occasion shall require. Act April 14, 1834, 8, P. L. 333, 4 Purd. 4510, pi. 15. (1) Notice of New Writs. Section 5 of the above Act of 1836, Purd. 4518, provides for notice to be given the judges of the subor- dinate courts and the Governor of new writs. (2) Terms and Return-Days. For power of Supreme Court to fix terms and return-days, see 7, above. (3) General Powers of Court, (a) The judicial authority of ap- pellate courts extends to the review and correction of all proceedings of all inferior courts, except where such review is taken away by statute, or by necessary implication : Anville Twp. Overseers v. Smith, 2 S. & R. 363, 1816; Gosline v. Place, 32 Pa. 520, 1859; Chase v. Miller, 41 Pa. 403, 1862; Schmuck v. Hartman, 222 Pa. 190, 1908; (b) or by case-stated without reserving the right of appeal: Chase v. Miller, 41 Pa. 403, 1862; (c) the court may issue all sorts of pro- cess and use and adopt all sorts of legal forms that are necessary to give effect to this supervisory authority: Gosline v. Place, 32 Pa. 520, 1859; Com. v. Shortall, 206 Pa. 165, 178, 1903; Schmuck v. Hart- man, 222 Pa. 190, 1908; (d) the court cannot acquire jurisdiction by consent of parties: McKee v. Sanford, 25 Pa. 105, 1855; Watkins v. Hughes, 206 Pa. 526, 1903 ; (e) the Act of 1836, above, is a re-enact- ment of the Act of May 22, 1722, 13, 1 Sm. L. 140, 4 Purd. 4512, pi. 26 : Chase v. Miller, 41 Pa. 403, 1862. For original jurisdiction of Supreme Court, see Chapter III, 35-9, and for appellate jurisdiction, see Chapters IV to VI, 42 et seq., be- low. (4) Power to Make Rules of Practice, (a) The power to establish rules of practice not inconsistent with the constitution or laws of the state is inherent in the Supreme Court, without the necessity of statu- tory provision: Dubois v. Turner, 4 Yeates 361, 1807; Peterson v. R. R., 177 Pa. 335, 1896 ; (b) and rules made by Supreme Court for lower courts are binding in latter without the necessity of formal adoption by them: Durborrow's Appeal, 87 Pa. 237, 1878; Rauschmeyer v. 2O SUPERIOR COURT. 1-19] How Constituted Election 12 Bank, 1 C. P. Rep. 17, 1879. (c) Under power given by Act of 1836, the rules governing equity practice in Pennsylvania were established. These rules have all the force and affect of a statute, and the lower courts cannot suspend them or adopt rules inconsistent therewith: Gibbons 's Ap., 104 Pa. 587, 1884; Cassidy v. Knapp, 167 Pa. 305, 1895; Chester Tr. Co. v. E. R., 180 Pa. 432, 1897; Thrall v. Williamsport, 4 Pa. Super. 165, 1897; Palethorp v. Palethorp, 184 Pa. 585, 1898; Bar- lott v. Forney, 187 Pa. 301, 1898; Wilson v. Keller, 195 Pa. 98, 1900; North v. Pantall, 197 Pa. 303, 1900; Shamokin Co. v. John, 18 Pa. Super. 498, 1901; Cooke v. Telegraph Co., 21 Pa. Super. 43, 1902; Beatty v. Harris, 205 Pa. 377, 1903; Yetter v. R. R., 206 Pa. 485, 1903; Green v. Paint Co., 25 Pa. Super. 415, 1904; Jones v. Weir, 213 Pa. 135, 1905; McMellen v. Williamson, 32 Pa. Super. 263, 1906; Mason v. Linn, 218 Pa. 161, 1907; Groff v. Trust Co., 32 Pa. Super. 416, 1907. 12. Superior Court (A) How Constituted Elec- tion. A court of intermediate appeal is hereby established to be called The Superior Court, and to be composed of seven judges learned in the law, who shall be elected by the qualified electors of the state, except as they may be ap- pointed by the Governor under the provisions of this act. Act June 24, 1895, i, P. L. 212, 4 Purd. 4498, pi. i. Succeeding elections for the said office shall be held at the general election preceding the expiration of the term of any judge, or at the proper election following a vacancy by death or otherwise. The vote for said office shall be cast and counted according to law, and return thereof shall be made without delay by the prothonotary of every county in the state to the secretary of the commonwealth. The secretary shall thereupon ascertain the result and certify it to the Governor, who shall issue a proclamation declar- ing the successful candidate or candidates, and shall com- mission him or them for the term above named [(C) this section, below]. Act June 24, 1895, J > p - L. 212, 4 Purd. 4499, pl- 3- All judges elected by the electors of the state at large 21 ORGANIZATION OF COURTS. { 12 Superior Court Election Term Quorum [Chap. 1, may be elected at either a general or municipal election, as circumstances may require. Const., art. 8, 3, as amended Nov. 2., 1909. (B) Election by Limited Vote. Whenever here- after four or more Judges of the Superior Court are to be elected for the same term of service, and whenever, after the first Monday of January, one thousand nine hundred and nine, two or more judges of said court are to be elected for the same term of service, each elector may vote for as many persons, less one, as there are judges to be chosen at said election. Act May 5, 1899, 8, P. L. 248, amended by Act May 24, 1901, i, P. L. 293, 4 Purd. 4499, pi. 4. (C) Term of Office. The term of office of the elected judges of the court shall be ten years, to begin on the first Monday of January following their election. Act June 24, 1895, i, P. L. 212, 4 Purd. 4498, pi. i. (D) Quorum. Whenever it is reasonably possible the full bench of seven judges shall sit at the hearing and shall also take part in the examination and decision of each ap- peal, but four judges shall be a quorum and may conduct the business of the court. Act June 24, 1895, 2, P. L. 212, 4 Purd. 4504, pi. 35. (1) Constitutionality of Limited Vote. The constitutional right of electors to vote at all elections does not give absolute right to vote for every candidate or group of candidates for same office; 1, Act 1901 is therefore constitutional : Com. v. Reeder, 171 Pa. 505, 1895. (2) Constitutional Amendments of 1909. For constitutional amendments of 1909, prescribing the times for holding the general and municipal elections, etc., see 4, note (2), above. 13. President Judge (A) Commission, Priority of. The rank, title and position of President Judge of the said Superior Court shall be held by that elected member of the court whose commission shall have priority, either in 22 SUPERIOR COURT. 1-19] President Judge Lot Vacancies in Court Compensation 13-15 time or as the result of the lot. And if the President Judge shall be re-elected, or if any succeeding President Judge shall be re-elected, he shall continue to hold the rank, title and position. Act June 24, 1895, 2, P. L. 212, 4 Purd. 4499, Pi- 7- (B) Determination by Lot. As soon as convenient after the first election, the successful candidates shall cast lots for priority of commission, and certify the result to the Governor, who shall issue their commissions in accord- ance therewith, and the same course shall be pursued whenever thereafter two or more judges are elected at the same time. Act June 24, 1895, 2, P. L. 212, 4 Purd. 4499, pi. 6. 14. Vacancies Filled by Governor Subsequent Election Term. Whenever a vacancy occurs by death or otherwise in the said office, the Governor may appoint in the manner and for the period fixed by section 8 of article 4 of the constitution, and the person elected thereafter to the vacant seat shall hold his office for the term of ten years, beginning on the first Monday in January following his election. Act June 24, 1895, i, P. L. 212, 4 Purd. 4499, pl-5- (1) Constitutional Provision. For Art. 4, 8, of the Constitution^ see 4, above. (2) End of Term. The term ends on the first Monday of January ten years later though such Monday falls on a later day of the month. Lewis's Case, 29 Pa. 518, 1857. 15. - Compensation (A) Salary. The annual sal- ary of each judge of the Superior Court shall be nine thou- sand dollars. Act April 14, 1903, 2 P. L., 175, 4 Purd. 4363, pl. 75- 23 ORGANIZATION OF COURTS. 15 Superior Court Compensation [Chap. 1, (B) Allowance for Clerical Assistance. To facilitate the labors of the Judges of the Superior Court, the said judges are hereby authorized to employ the help of stenographers, typewriters or other clerks, provided that the cost of such help shall not exceed the sum of fifteen hundred dollars per annum for any member of said court. The cost of such help shall be paid by the judge employing the same and shall be repaid to him by the state treasurer on his certificate of the amount actually paid by him during the preceding month for clerk hire. Act April 17, I95, i, p - L- J 85- (1) Payment of Salary. The annual salary of the Judges shall be paid monthly. Act April 14, 1903, 5, P. L. 175, 4 Purd. 4364, pi. 78. As to salary on retirement by reason of age or disability, see 6, note (4), above. (2) Cost of Rooms, etc. Each county in which the court may sit shall furnish, at the expense of the state, suitable accommodations and facilities for the meetings and business of the courts. The cost thereof shall first be paid by the county commissioners and repaid to them by the state, upon the approval of the bills by the said court : Act June 24, 1895, 3, P. L. 212, 4 Purd. 4500, pi. 14. (3) Supplies. The necessary dockets, books, stationery and mis- cellaneous printing shall be obtained and furnished by the superin- tendent of public printing and binding, and the other necessary sup- plies, for the use of the said court, shall be obtained and furnished by the board of public grounds and buildings, in the same manner as said materials and supplies are furnished to the several departments of the state government. Said materials and supplies to be furnished upon the requisitions of the prothonotaries of the said court: Act March 14, 1905, 1, P. L. 39. This Act was an amendment of the Act of June 24, 1895, 3, P. L. 213, 4 Purd. 4500, pi. 15, which had pro- vided that the supplies be furnished by the secretary of the com- monwealth. The Act of May 5, 1899, 9, P. L. 248, 4 Purd. 4500, pi. 16, re-enacted the provision of the Act of 1895 as to supplies, and added a provision as to allowance to the judges for clerical assist- ance. The Act of April 17, 1905, 1, P. L. 185, amended 9 of the Act of 1899, by increasing the allowance, and re-enacted the provis- ion as to supplies without amendment. As the sole purpose of the Act April 17, 1905, seems to be to amend Act of 1899 as to allow- 24 SUPERIOR COURT. 1-19] Districts and Terms Hearing Appeals Officers 16,17 ance for clerical assistance, it would seem that the Act of March 14, 1905, was not affected by the Act of April 17, 1905, although incon- sistent therewith. 16. Districts and Terms Hearing of Appeals. The said Superior Court may fix the time and places when and where it will meet, except that it must meet at least once a year in the cities of Philadelphia, Pittsburgh, Har- risburg, Scranton and Williamsport. Act June 24, 1895, 3, P. L. 212, 4 Purd. 4499, pi. n. The said court shall also have power to fix general or special return-days, to regulate the terms and to make any other order which may be proper to aid the convenient transaction of its business. Copies of its orders shall be sent to the prothonotary of each county in the state. Act June 24, 1895, 5, P. L. 212, 4 Purd. 4504, pi. 34. So far as practicable, appeals shall be heard in the order of time in which they are taken, and as speedily as a due regard for the convenience of the parties and the court will allow. And it shall be the duty of the court to make such rules as will accomplish these two results. Act June 24, 1895, 3, P. L. 212, 4 Purd. 4504, pi. 36. (1) Arrangement of Terms and Eeturn Days. For arrangement of districts, terms and return days, as fixed by Superior Court Rule 1, see Appendix 22. See also 145 for special return days in criminal cases. 17. Officers (A) Prothonotaries Duties. The prothonotaries of the Supreme Court at Philadelphia, Har- risburg and Pittsburgh shall be ex-officio the prothono- taries of the Superior Court, and, at each of the other places where the said court may sit, the said court may appoint a prothonotary who shall hold office during the pleasure of the court. They shall perform such duties and exercise such powers in reference to its records and busi- 25 ORGANIZATION OF COURTS. 17-19 Superior Court Officers Reporter Powers of Court [Chap. 1, ness as the court may direct. Act June 24, 1895, 4, P. L. 212, 4 Purd. 4499, pi. 9. (B) Crier Tipstaves Compensation. For each place at which the court may sit, it may appoint a crier and the necessary tipstaves and may fix their compensation, which shall be paid by the state. Act June 24, 1895, 3, P. L. 212, 4 Purd. 4499, pi. 10. (1) Compensation of Prothonotary. See 8, note (3), above, and 134 (A), below. 18. Reporter Assistant Reporter Salary. All the decisions of the said court shall be reported by the state reporter in volumes to be entitled "Pennsylvania Superior Court Reports," and for this service the present reporter and his successors shall be allowed to employ an assistant at a salary of not more than two thousand dol- lars per year. Act June 24, 1895, 6, P. L. 212, 4 Purd. 4505, pi. 42. From and after the twenty-first day of March, Anno Domini one thousand nine hundred and ten, the salary of the assistant to the reporter of the decisions of the Su- preme Court shall be three thousand dollars per annum. Act May 6, 1909, 2, P. L. 433, 5 Purd. 6048, pi. 2. (1) Reports. The provisions of the remainder of this section for copyright and publication of reports are the same as those governing the Supreme Court reports, 10, above. 19. Powers Writs and Process Service Prac- tice Seal. The said Superior Court shall have power to grant, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of the jurisdiction given by this act and for the enforce- ment of any order or decree which it may make, 26 SUPERIOR COURT. 1-19] General Powers 19 except that its judgment or decrees for the payment of money shall not be liens upon property, except as here- after provided, and shall only be enforced by proper pro- ceedings in the court from which the appeal was taken; and, after the record has been returned thereto, the writs and process of the Superior Court may be issued to and may be served and enforced in any county of the common- wealth by the sheriff of said county. Act June 24, 1895, 5, P. L. 212, 4 Purd. 4504, pi. 33. The practice in the said Superior Court shall be governed by the rules which do now or may hereafter govern the practice in the Supreme Court, so far as the same may be applicable, except that no short list or hour list, as provided by said rules, shall be enforced, and except also that the Superior Court may, in its discretion, make such other or different rules as it may consider to be necessary or desir- able upon any subject connected with its jurisdiction or its procedure. Act June 24, 1895, 8, P. L. 212, 4 Purd. 4504, pl- 37- In all cases where these rules do not apply, the practice of this court shall be regulated by the then present practice of the Supreme Court of Pennsylvania, so far as the same may be applied. Superior Court Rule 44. (1) General Powers. For power of Superior Court to fix terms and return-days, see 16, above. For jurisdiction of said court, see Chap- ters m to VI, inclusive, 40-125. 27 ADMISSION OF ATTORNEYS. 20 Synopsis of Chapter State Board of Examiners [Chap. 2, CHAPTER II. ADMISSION OF ATTORNEYS. 20. State Board of Law Examiners. (A) Established. (B) Term of Office Duties Assistants Officers. (C) Circular of Information. 21. Supreme Court Requirements. Recommendation of State Board. 22. Attorneys who Have Practiced Two Years at Date of Rule. 23. Students Registered at Date of Rule. 24. Registration. Preliminary Examination. 25. Certificate Fees. 26. Final Examination. Preliminary Requirements. 27. Subjects Required. 28. How, When and Where Conducted. 29. Attorneys from Other States. Of Five Years' Standing. 30. Of One Year's Standing. 31. Of Less Than One Year's Standing. 32. Practice on Admission. 33. Superior Court Requirements. (A) Members of Bar of Supreme Court. (B) Members of Common Pleas of Two Years' Standing. (C) Applicants for Admission Generally Recommendation of State Board. (D) Attorneys from other States. 20. State Board of Law Examiners (A) Estab- lished. There is hereby established a Board of Law Ex- aminers to whom all applications for admission to the bar of this court shall be referred, for examination and report, before action by the court. Supreme Court Order, May 26, 1902. 28 ADMISSION OF ATTORNEYS. 20-33] State Board of Examiners 20 (B) Term of Office Duties Assistants Officers. The State Board of Law Examiners shall hold office dur- ing the pleasure of the court for a term not exceeding five years, except that of the members of the Board now ap- pointed one shall withdraw at the end of each year, such withdrawals to be made in the order of seniority of admis- sion to the bar. The members of the Board shall serve without compensation, but shall be reimbursed their trav- eling and other expenses. The Board may, with the ap- proval of the court, appoint examiners to superintend the conduct of the examinations and to report upon the an- swers of the candidates, but the members of the Board shall be responsible to the court for the enforcement oi these rules and the proper ascertainment of the results of the examinations. The Board may also, with the approval of the court, appoint a secretary and a treasurer, or the same person may hold both offices, and they may pay to each examiner and to the secretary and treasurer, out of the fees received, and after deduction of the necessary ex- penses, a reasonable compensation. When application is made for a suspension of the rules in any particular case, the Board of Examiners shall report such application to the Supreme Court with a recommendation upon the mer- its. Supreme Court Rule 7. (C) Circular of Information. It shall be the duty of the State Board of Law Examiners to prepare a paper for gratuitous distribution among intending applicants for registration or admission, containing detailed information as to the subjects of examination. Supreme Court Rule 8. (1) Members of Board and Duties, (a) The following board of five examiners was appointed: Messrs. Samuel Dickson, Philadelphia, Win. Scott, Allegheny, Wm. U. Hensel, Lancaster, Simon P. Wol- verton, Northumberland, Robert Snodgrass, Dauphin, with authority 29 ADMISSION OF ATTORNEYS. 21 Law Examiners Recommendation by, Necessary [Chap. 2, to report and recommend to the court for adoption a plan of opera- tions, including the term and conditions of studentship; a course of study for the preliminary and final examinations, the conditions and requirements of application to the board; rules for the meeting and action of the board, including the appointment of a secretary, treas- urer, clerk or clerks, provision for expenses, and compensation, etc.; such modifications of the present rules of court as may be necessary to put the new conditions into operation; and such further sugges- tions or recommendations as they may deem desirable at this time. Supreme Court Order, May 26, 1902. (b) Messrs. Scott and Wolverton have since died, and Messrs. Thomas Patterson, of Pittsburgh, and Edward J. Fox, of Easton, have been appointed in their place. (c) The assistant examiners are Messrs. Wm. Righter Fisher, Phila- delphia; Thomas Stephen Brown, Pittsburgh; John M. Harris, Scran- ton, and Paul A. Kunkel, Harrisburg. (d) The Board chose as its Secretary, Mr. Charles L. McKeehan, of the Philadelphia Bar. Regulations and blank forms were then pre- pared, which have been incorporated in this volume. No credentials will be accepted unless made out on these forms. They will be fur- nished gratuitously to all applicants, and requests for them should be sent to Mr. McKeehan 's office, 321 Chestnut Street, Philadelphia. (e) Mr. Lucien Hugh Alexander, of Philadelphia, is said to have suggested the establishment of the State Board of Law Examiners. (2) Regulations Information, How Obtained. The established regulations appear under their appropriate heads in this chapter. In- formation not contained herein can be had on application to the sec- retary of the Board of Law Examiners. The application should be made by mail when possible. Regulations of the Board of Law Ex- aminers. 21. Supreme Court Requirements Recommendation of State Board. No person shall be admitted to practice as an attorney in this court except upon the recommendation of the State Board of Law Examiners. Supreme Court Rule i. (1) Women Eligible. A woman, whether married or unmarried, may be admitted to practice as an attorney: Kilgore's Application, 17 W. N. C. 563, 1886. 30 ATTORNEYS OF Two YEARS' STANDING. 20-33] Requirements for Admission 22 (2) Age of Applicants. Applicants must be twenty-one years of age before they will be recommended for admission by the Board. Regulations of the Board of Law Examiners. (3) Local Endorsement. After the applicant has qualified, the State Board, before giving its recommendation, procures from the lo- cal board of examiners of the district in which the applicant intends to practice endorsement as to his character. 22. Attorneys Who Have Practiced Two Years at Date of Rule. Any applicant for admission to the bar of this Court who, on the first Monday of January, 1903, was a member of the bar of a court of common pleas of this commonwealth, and after he shall have practiced therein for at least two years, may be admitted, without examina- tion, upon the certificate of the State Board of Law Ex- aminers; and no such candidate shall be required to adver- tise or pay any fee for reporting upon his credentials. Su- preme Court Rule 2. (1) Credentials Affidavits Certificates. The applicant under this rule must file with the State Board of Law Examiners : (a) An affidavit by the applicant showing that he is within the pro- visions of Rule 2 of the Rules of the Supreme Court. (b) A certificate of a judge of a court of common pleas of Penn- sylvania, showing that the applicant is within such provisions of Rule 2 as relate to practice in one of the courts of record of this state. (c) A certificate of good moral character signed by three members in good and regular standing of the bar of the judicial district in which the applicant resides or practices. These credentials must be made out on blank forms supplied by the board. In applying for blanks under this section, they should be designated as "Form H" [Appendix, 9]. Regulations of the Board of Law Examiners. For address of secretary, see 20, note 1 (d). (2) Certificate of Recommendation. On receiving the necessary credentials from such applicant, the State Board will issue a certifi- cate recommending his admission [Appendix 11] . Regulations of the Board of Law Examiners. (3) Admission. For practice governing admission, see 32, below. 31 ADMISSION OF ATTORNEYS. 23, 24 Registration Preliminary Examination [Chap. 2, 23. Students Registered at Date of Rule. Supreme Court Rule in force prior to the first Monday of September, 1911, which provided for the examination and admission of students registered at date of rule (January 5, 1903), has been omitted from the new rules, and that rule and the regulations of the Board of Law Examiners relating there- to are therefore omitted. 24. Registration Preliminary Examination. No person shall be registered as a student at law for the purpose of becoming entitled to admission to the bar of the Supreme Court until he shall have satisfied the State Board of Law Examiners that he is of a good moral character, and shall have received an academic degree from some col- lege or university approved for that purpose by the Court, or shall have passed a preliminary examination upon the following subjects : 1. English language and literature. 2. Outlines of universal history. 3. History of England and of the United States. 4. Arithmetic, algebra through quadratics, and plane geometry. 5. Modern geography. 6. The first four books of Caesar's Commentaries, the first six books of The Aeneid and the first four Orations of Cicero against Catiline. Supreme Court Rule 3. (1) Registration on Academic Degree Date. An applicant who registers on a college or university degree may register as of the date on which he received the degree, providing he applies for registration within four months of said date. In all other cases the registration shall be as of the date on which the applicant applies therefor. Regu- lation of Board of Examiners, Nov. 17, 1911. (2) Preliminary Examination Who May Take. Every person who is a citizen of the United States, and who has filed the necessary 32 PRELIMINARY EXAMINATION. 20-33] Application Time Rules 24 credentials with the State Board of Law Examiners, is eligible to take the preliminary examination : Regulations of Board of Examiners. (3) Application for Examination Certificates. An applicant for examination and registration as a student at law must file with the secretary of the State Board of Law Examiners, at least twenty-one days before the date of examination, an application for such examina- tion accompanied by satisfactory proof of good moral character, which shall consist of a certificate to that effect signed by at least three members of the bar in good and regular standing in the judicial dis- trict in which the applicant resides or intends to practice: Regula- tions of Board of Examiners. (4) Forms. These credentials must be made out on blank forms supplied by the board. In applying for blanks under this section, they should be designated as "Form A" (Appendix, 1). For address of secretary, see 20, note 1 (d). (5) Time and Place of Holding Examinations Publication of No- tice. Examinations will be held twice a year, simultaneously, in the cities of Philadelphia and Pittsburgh. A candidate may be examined in either of these cities, but must make his selection at time of filing his credentials: Regulations of Board of Examiners. Due notice of the exact date of the examination and of the halls in which it will be held will be given in the "Legal Intelligencer" and other legal periodicals, and may be learned from the prothonotaries of the several courts of common pleas of Pennsylvania: Id. (6) Rules Governing Examinations. The following rules in re- gard to preliminary examination have been adopted by the board: (a) The preliminary examination is arranged by subjects in ac- cordance with the division of subjects made in Rule 3 of the Rules of the Supreme Court. (b) An applicant who fails in more than two subjects will be given no credit whatever. He may appear for re-examination at any pre- liminary examination held within the succeeding year, without filing additional credentials, on payment of one-half of the regular exami- nation fee, and on notifying the secretary in writing, at least twenty- one days prior to the date of the examination, of his intention so to appear. An applicant who fails and does not appear for re-examina- tion within the succeeding year, must, in order to qualify himself for another examination, pay the regular examination fee and give twen- ty-one days' notice in writing to the secretary of his intention to 33 ADMISSION OF ATTORNEYS. 24 Preliminary Examinations Rules Subjects [Chap. 2, appear. He need not file new credentials, unless specially required to do so. (c) An applicant who fails in not more than two subjects at the preliminary examination will be passed conditionally, i. e., he will be given credit in subjects in which he passes and will be permitted to appear for re-examination in subjects in which he fails, at the next succeeding preliminary examination, without filing additional cre- dentials and without payment of any examination fee, on notifying the secretary, at least twenty-one days prior to the date of the exami- nation, of his intention to so appear. If, on such re-examination, he successfully passes in the subjects in which he first failed, he will be given a certificate recommending that he be registered as a student at law as of the date on which he first appeared for examination : Id. (7) Subjects. An applicant for registration should be prepared to pass a satisfactory examination on the following subjects in accord- ance with the specification herein given under each subject : (a) English. No candidate will be accepted in English whose work on any subject is notably defective in spelling, punctuation, idiom, or division into paragraphs. A short essay will be required to be written on a subject to be an- nounced at the examination. The applicant must have read the following works, and must be able to pass a satisfactory examination on subject-matter, style and struc- ture thereof, and to answer simple questions on the lives of the au- thors: Shakespeare's "Hamlet" a P- L. 66, i Purd. 375, pi. 16. (1) Review in all Cases. Intention of legislature was to provide for review of proceedings of inferior courts in striking attorneys from roll, not merely where charge is of unprofessional conduct as officer of court, but in all cases: H. T.'s Case, 2 Penny. 84, 1882. (2) Review of Discretion of Lower Court. The Supreme Court has power to review exercise of discretion by court below in disbar- ment proceedings: Steinman's Case, 95 Pa. 220, 1880. (3) Review de Novo Constitutional Law. It is doubtful whether the provision that the Supreme Court shall review cases de novo and hear new testimony is consistent with the restriction as to original jur- isdiction in Const., Art. 5, 3, 1 Purd. 175, 35, above: Steinman's Case, 95 Pa. 220, 1880; Shoemaker's Case, 2 Pa. Super. 27, 1896. (4) Time for Appeal. Under Act May 19, 1897, 4, P. L. 67, 2 109 SPECIAL JURISDICTION AND PARTIES. 54 Auditors' Settlements Municipalities [Chap. 5, Purd. 1433, pi. 3, 126, below, no appeal shall be taken after six cal- endar months. (5) Disbarment Proceedings Jurisdiction in Supreme Court Only. By Act of May 5, 1899, 6, P. L. 248, 4 Purd. 4517, pi. 34, 107, below, jurisdiction in disbarment proceedings is in the Supreme Court ex- clusively. 54. Auditors' Settlements Municipalities, etc. (A) Judgment on Issue Joint Appeal by Taxpayers. In all such appeals [to the court of common pleas by ten or more taxpayers from the report of county auditors] the courts of common pleas may direct an issue to be tried by a jury, upon whose verdict final judgment shall be entered, reserving the right of all parties to appeal to the Supreme (or Superior) Court as provided in other appeals. Act June 12, 1878, i, P. L. 208, i Purd. 837, pi. 27. (B) Appeal on Exceptions to Rulings. Hereafter in all cases pending and undetermined in any court of com- mon pleas in this commonwealth, which are appeals from settlements or reports made by county, borough or town- ship auditors, it shall be lawful for any party to except to any ruling or decision of the court upon any question or point of law that may arise; and an appeal may be taken therefrom to the Superior or Supreme Court: Provided, That such exceptions and appeals shall be governed and regulated by the laws now in force, regulating exceptions and appeals to the Supreme or Superior Courts in civil cases. Act May n, 1901, i, P. L. 185, 2 Purd. 1439, pi. 18. Hereafter it shall be lawful for any party to except to any ruling or decision of the court [of common pleas on appeal from the report of auditors of any borough, town- ship, poor district or school district, to determine disputed questions of fact between accountant and the officers repre- senting the borough, township or district] upon any ques- 110 STATUTORY PROCEEDINGS. 48-101] Auditors' Settlements Municipalities Poor District 54 tion or point of law that may arise, and appeal may be taken therefrom to the Superior or Supreme Court: Pro- vided, That such exceptions and appeals shall be governed and regulated by the law now in force regulating excep- tions and appeals to the Supreme and Superior Courts in civil actions. Act June 9, 1911, 4, P. L. 865. (C) Poor District Appeal by Accountant, Board of Directors or Taxpayer. Any person, whose accounts shall have been audited, as aforesaid, or the Board of Directors of the said poor district, or any taxpayer on behalf of said poor district, may appeal [from the decision of the com- mon pleas on appeal from report of auditors appointed to adjust the accounts of the directors, treasurer and tax col- lectors of any poor districts composed of more than one municipality or municipal district, wholly within but less extensive than said county the population of which is not less than 150,000 and not more than 300,000], to the Su- perior or Supreme Court in the same manner as is pro- vided by law in the case of appeals from the reports of township or borough auditors. Act June 19, 1911, i, P. L. 1071. (1) Record Petition. Taxpayers are made parties to record by petition presented to court below, which has no discretionary power either to grant or withhold same : Bell v. County, 149 Pa. 381, 1892. (2) Final Judgment Necessary, (a) Order discharging rule to strike off appeal from report of county auditors settling accounts of county commissioners is interlocutory, and no appeal lies until final judgment: Moore's Ap., 203 Pa. 376, 1902; (b) where rule to strike off issue was made absolute, conditioned on payment of costs by county within thirty days, otherwise rule to be discharged, and county appeals without payment of costs before thirty days have expired, appeal will be quashed: Huntingdon Co. v. Mason, 21 Pa. Super. 148, 1902. (3) Exceptions Necessary. Under Act of 1901, if proceedings are regular, appellate court will consider only questions specifically ex- cepted to: Dunmore Boro. School Dist v. Wahlers, 28 Pa. Super. 35, III SPECIAL JURISDICTION AND PARTIES. 55,56 Banks Boroughs, Incorporating; Public Buildings [Chap. 5, 1905 ; Berks Co. v. Linderman, 30 Pa. Super. 119, 1906 ; Devlin 's Case, 39 Pa. Super. 311, 1909. (4) Superior Court. For jurisdiction of the Superior Court, see Chapter VI, 108 et seq., below. 55. Banks Fraudulent Insolvency Proceeding by Assignee. Upon final decree made [in proceedings by an assignee of a bank against its officers and directors for fraudulent insolvency], either party may remove the pro- ceedings to the Supreme (or Superior) Court, as in other cases. Act April 2, 1867, 2, P. L. 71, I Purd. 445-6, pi. 175. (1) Superior Court. For jurisdiction of the Superior Court, see Chapter VI, 108 et seq., below. 56. Boroughs (A) Decree Incorporating Joint Ap- peal. In all proceedings now pending or which may here- after be instituted, in any court of quarter sessions within the commonwealth for the erection of boroughs, wherein a decree has been entered incorporating any town or vil- lage, an appeal shall lie from any such decree within twenty days from the recording of such decree, by not less than three persons aggrieved thereby, to the [Supreme] (Super- ior) Court of the commonwealth. Act May 9, 1889, i, P. L. 174, i Purd. 482, pi. 1 8. (B) Damages Public Buildings. Any party inter- ested therein [in proceedings in the court of common pleas to assess damages for private property taken for pub- lic buildings or works by borough, where a jury trial may be demanded by the owner] may, within thirty days after final decree, have an appeal to the Superior or the Supreme Court. If no exceptions are filed or no demand made for trial by jury, within the said thirty days after the filing cf said report, [of viewers, etc.] the same shall become 112 STATUTORY PROCEEDINGS. 48-101] Boroughs Eminent Domain 56 absolute. Act June 10, 1901, 5, P. L. 555, i Purd. 528-9, pi. 302. See note 8, this section, below. (C) Library Purposes. After final judgment [in pro- ceedings in the court of common pleas to assess damages for private property taken for public library purposes by borough councils or school boards where a jury trial may be demanded by any party interested] either party may appeal to the Superior or Supreme Court, under the pro- visions and in the manner prescribed in other cases. Act May n, 1901, 4, P. L. 169, 2 Purd. 2260, pi. 40. (D) Electric Light Plant. After final judgment [in proceedings in the court of common pleas to assess dam- ages for taking electric light plant by boroughs, where a jury trial may be demanded by either party] either party may have an appeal to the Supreme (or Superior) Court in the manner prescribed in other cases. Act May 20, 1891, i, P. L. 90, i Purd. 500, pi. 132. (E) Garbage Furnaces and Sewage Disposal Plants. Upon the entry of final judgment on any issue had upon such appeal [to common pleas from report of viewers as- sessing damages in proceedings by boroughs to appropri- ate real estate for purpose of erecting garbage furnaces and sewage disposal plants] either party shall have the right to an appeal to the Superior or Supreme Court as ia other cases. Act April i, 1909, 5, P. L. 79, 5 Purd. 5286, pi. 85. (F) Public Parks and Playgrounds. From such con- firmation of the viewers' report, and from final judgment on the verdict in cases of trial by jury [in proceedings by townships of first class and boroughs to condemn realty for public parks and playgrounds] either party may have an appeal to the Superior Court or Supreme Court, as in other cases. Act May 3, 1909, 10, P. L. 401, 5 Purd. 5821, pi. 20. "3 SPECIAL JURISDICTION AND PARTIES. 56 Boroughs Eminent Domain [Chap. 5, (G) Change of Grade or Lines of Streets. [From judgment of the court of common pleas, confirming the report of viewers, on exceptions in proceedings to assess damages for changing grades or lines of streets or enlarg- ing the same] either party shall be entitled to an appeal as in other cases. Act May 24, 1878, i, P. L. 129, i Purd. 521-2-3, pi. 270. (H) Connecting with Sewer of Adjoining Munici- pality. Either party may appeal from the decision of the court of quarter sessions [on report of viewers assessing damages and expenses for making connection to sewer of adjoining municipality or township of the first class] to the Superior Court. Act July 17, 1901, 2, P. L. 668, i Purd. 853, pi. 119. (I) Benefits and Damages Streets, Bridges and Sew- ers. Within thirty days after the confirmation, modifica- tion, changing or correcting of any report [of viewers on exceptions in proceedings in the court of common pleas to assess benefits and damages for taking, using, keeping o.- injuring private lands, property or material by munici- pal corporations in the laying out, opening, widening, straightening, extending or grading, or changing grade or lines of streets, paving, macadamizing, or otherwise im- proving of streets, lanes or alleys, the construction of bridges and the piers and abutments therefor, the construc- tion of slopes, embankments and sewers, the changing of water-courses or vacation of streets or alleys] any interest- ed party may appeal from the said decree to the Superior or Supreme Court as the case may be After verdict and final judgment [on the trial by jury of an appeal by the property owner to the court of common pleas from the report of viewers] either party may have an appeal to the Superior Court or Supreme Court as in other cases. No 114 STATUTORY PROCEEDINGS. 48-101] Boroughs Eminent Domain Liens 56 appeal taken under this act shall prevent the filing of liens by any municipality for any assessment made by said re- port; but, upon the final termination of the issue, the court shall make such order as to the lien filed as shall appear right and proper. Act April 2, 1903, 6, P. L. 124, 3 Purd. 2739, pi. 90; Id. 2741, pi. 91. See notes (5), (6) and (8) this section, below. (J) Enclosing Water-Course. Any party interested in any assessment of damages or benefits [in proceedings in the court of common pleas to assess benefits and dam- ages for taking or injuring private property in confining, paving or enclosing any creek, run or natural waterway by boroughs, where a jury trial may be demanded by the owner] may, within thirty days after final decree, have an appeal to the higher courts. Act July 10, 1901, 6, P. L. 634, i Purd. 531, pi. 315. (K) Altering Water-Course. Any party interested in any assessment of damages or benefits [in proceedings in the court of common pleas to assess benefits and dam- ages for entering upon or taking private property or ma- terials in vacating, changing, altering or relocating the course or channel of any creek, run or natural water-way, other than navigable streams, or streams used as a source of supply by the municipality or a water company within the limits of any borough or city, where a jury trial may be demanded by the owner] may, within thirty days after final decree, have an appeal to the Supreme or Superior Court. Act April 28, 1899, 7, P. L. 74, 3 Purd. 2768, pi. 220. (L) Liens, and Procedure thereon. From any defi- nitive judgment, order or decree, entered by the court of common pleas under any of the provisions of this act [pro- viding when, how, upon what property and to what extent SPECIAL JURISDICTION AND PARTIES. 56, (l)-(4) (a) Boroughs Liens [Chap. 5, liens shall be allowed for taxes, and for municipal im- provements, and for the removal of nuisances; the pro- cedure upon claims filed therefor; the methods of pre- serving such liens and enforcing payment of such claims; the effect of judicial sales of the properties levied, and the manner of distributing the proceeds of such sales] or from the refusal to open a judgment entered by default, an ap- peal may be taken by the party aggrieved to the Supreme (or Superior) Court, as in other cases. Act June 4, 1901, 40, P. L. 364, 3 Purd. 2646, pi. 48. Nothing in this act [relating to the regulation of muni- cipal liens in boroughs, validating liens theretofore filed] shall be taken to restrict the right of either plaintiff or de- fendant, in proceedings under it, to appeal as in other cases. Act May 3, 1909, 7, P. L. 385, 5 Purd. 5689, pi. 22. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const, and Act of 1874, 48 (A), above. (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. (3) Review Under Act of 1878. (a) In Rodgers v. Boro., 2 Pa. C. C. 523, 1884, Meyers, P. J., held that the words "as in other cases" must necessarily apply to appeals to the common pleas only, as these words can have no application to an appeal to the Supreme Court. This view is adopted in 1 Trickett on Boroughs, 283, but Millvale Boro. v. Poxon, 123 Pa. 497, 1889, seems to decide expressly to the contrary, and it is so quoted by Wickham, P. J., in Brown v. Boro.. 12 Pa. C. C. 313, 1892; (b) the act does not apply where no change of grade is contemplated, but proceedings must be under Act April 22, 1856, 1, P. L. 525: Brady St., 99 Pa. 591, 1882. The Act of 1856 contains no provisions for review. But see 48, above. (4) Review Under Act of 1889 Parties, (a) This act gives no right additional to the right to certiorari existing theretofore to any person aggrieved, but relates to the remedy; and appeal taken by less than three persons will be quashed: Wilkinsburg Boro., 131 Pa. 365, 1889 ; Swissvale Boro., 9 Pa. Super. 212, 1899 ; Swoyerville Boro., 12 Pa. Superior 118, 1899; Edgeworth Borough, 25 Pa. Super. 554, 1904; 116 STATUTORY PROCEEDINGS. 48-101] Boroughs Acts of 1889, 1903 56(4) (b)-(7) (b) act does not give review on merits, but appellate court will con- sider only such matters as it would have reviewed on certiorari prior to act; and the provision in Act May 9, 1889 (182, below), that cer- tiorari shall be called appeal, does not change this: Swissvale Boro., 9 Pa. Super. 212, 1899; Swoyerville Boro., 12 Pa. Super. 118, 1899; Rouseville Boro., 12 Pa. Super. 126, 1899 ; Moosic Boro., 12 Pa. Super. 353, 1900; Old Forge Boro., 12 Pa. Super. 359, 1900; Mill Creek Boro., 32 Pa. Super. 465, 1907; Wernersville Boro., 38 Pa. Super. 462, 1909; see also Sharon Hill Boro., 140 Pa. 250, 1891. (5) Act of April 2, 1903 Title of Act Amendment^Repeal. The words "changing of water courses," "the construction of slopes, embankments," and "the piers and abutments" of bridges do not appear in the title of the Act of April 2, 1903, P. L. 124, (I), this section, above, amending the Act of May 16, 1891, 6, P. L. 75. Sec- tion 8 of the Act of 1891 was amended so that parts of streets or alleys may be graded, paved, curbed, macadamized or otherwise im- proved: Act April 28, 1899, 1, P. L. 100. The Act of 1899 and the Act of 1891 amended by it, were repealed so far as they provide (a) for the extent of the lien for taxes or for municipal improvements, either before or after filing of claims therefor; or (b) for the practice or procedure in relation to, or in continuing the lien of, or in en- forcing payment of, such tax or municipal claims after filing: Act June 4, 1901, 42, P. L. 364, 3 Purd. 2656, 2665, 2666-7. For appeals under this latter act, see (L) this section, above. (6) Review Under Act of 1903 Parties, (a) Disputed questions of fact will not be considered by the Supreme Court on appeal from decree dismissing exceptions to report of viewers under Act May 16, 1891, P. L. 76, 3 Purd. 2736, pi. 87, amended by the Act of 1903 ; such questions can be raised only by appeal and trial by jury: Verona Boro.'s Ap., 5 Pa. Super. 340, 1897; (b) an order overruling excep- tions, pending appeal to common pleas from report of viewers, is not a final decree from which appeal lies to the Supreme Court : Second Street, 161 Pa. 571, 1897; (c) any property owner on the street may appeal: Lockhart Street, 22 Pa. C. C. 363, 1899; (d) and 4 of Act April 18, 1905, 118 (B), below, gives right to several parties to join in appeal. (7) Act of June 10, 1901. The body of the Act of June 10, 1901, 1, (B), above, specified "private property and also land heretofore granted or dedicated to a public use which is no longer used for the 117 SPECIAL JURISDICTION AND PARTIES. 56 (8), 57, 58 Collateral Inheritance Tax Common Schools [Ch. 5, purpose for which the same was granted or dedicated," but the title of the act is ''private property." (8) Time for Appeal Act May 19, 1897. (a) Under Act May 19, 1897, (126, below), appeal may now be taken within six months. Nor does permission given in a later act to appeal within a shorter time take away right to appeal within six months given by that act: Scranton Sewer, 213 Pa. 4, 1905; (b) appeal will not lie from re- fusal to vacate decree incorporating borough, where petition to va- cate is filed after time for appeal from decree has expired : Morton Boro., 15 Pa. Super. 466, 1900. (9) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above; 163-178, below. (10) Auditors' Settlements. For appeals from settlements of borough auditors in the courts of common pleas, see 54, above. [It li 57. Collateral Inheritance Tax Appraisement. [The orphans' court shall have jurisdiction to determine the valuation and liability of appraised estates, for collateral inheritance tax] subject to the right of appeal to the Su- preme (or Superior) Court as in other cases. Act May 6, 1887, 12, P. L. 79, i Purd. 607-8, pi. 14. (1) Appeal by Commonwealth. Notwithstanding voluntary pay- ment by legatee, commonwealth may appeal from decree which does not require payment of six per cent, additional charge for delay in paying tax as provided in 4 of above act : Commonwealth 's Ap., 128 Pa. 603, 1889. (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. 58. Common Schools (A) Damages Certain Pub- lic Burial Places for Common School Purposes. Said proceedings [in court of common pleas to assess damages for certain public burial places taken for common school purposes, where a jury trial may be demanded by any party interested] shall be with the same right of appeal to the Supreme (or Superior) Court as in other cases. Act June 6, 1893, 3, P. L. 342, i Purd. 695-6, pi. 325. 118 STATUTORY PROCEEDINGS. 48-101] Common Schools Corporations 58,59 (B) Library Purposes. After final judgment [in pro- ceedings in the court of common pleas to assess damages for private property taken for public library purposes by borough councils or school boards where a jury trial may be demanded by any party interested] either party may appeal to the Superior or Supreme Court under the pro- visions and in the manner prescribed in other cases. Act May n, 1901, 4, P. L. 169, 2 Purd. 2260, pi. 40. - (C) School Purposes Cities of the First Class. Either party shall have the right of appeal [from the judg- ment of the court of common pleas in proceedings to assess damages for private property taken for school house sites or other school purposes by cities of the first class]. Act April 25, 1889, i, P. L. 50, 3 Purd. 2905, pi. 712. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. (3) Review Under Act 1889. A statutory provision for review ex- pressed in terms substantially similar to those in this act, was held to apply to review in appellate courts and not in common pleas: See 56, note (3), above; also note (1), this section. 59. Corporations (A) Land Damages. After final judgment [on trial by jury in appeals to the court of com- mon pleas from awards of viewers appointed to assess dam- ages for property taken by corporations under the right of eminent domain] either party may have a writ of error thereto from the Supreme (or Superior) Court, in the man- ner prescribed in other cases. Act April 29, 1874, 41, P. L. 73, i Purd. 816-7, pi. 155. (B) Forfeiture of Franchises. When proceedings under the provisions of this act [for forfeiture of franchises for the knowing and intentional neglect or refusal to per- 119 SPECIAL JURISDICTION AND PARTIES. 59, (l)-(4) (a) Corporations [Chap. 5, form and comply with the terms and conditions of acts granting privileges and immunities on such terms and con- ditions to corporations, where a forfeiture or determination of such privileges or immunities is provided for] are com- menced in any court other than the Supreme Court, the right of appeal to the Supreme Court shall exist, to either party, as in other cases. Act April i, 1870, i, P. L. 45, I Purd. 787-8, pi. 48. (C) Abandonment of Easement Quieting Title. The decree of the court in refusing the rule or issue in any such case and the judgment in such issue [in proceedings in the court of common pleas to quiet title in case where right or title or right of possession is disputed including cases where easements of lands acquired under condemnation proceedings have been vacated and ceased to be used and occupied by corporations for fifteen years or upwards, ex- cepting fee simple titles vested in corporations and cases covered by Act April 3, 1872, P. L. 35, 4 Purd. 3859, pi. 116, relating to straightened or improved lines of railroads] shall be subject to appeal by either party to the Supreme (or Superior) Court, in like manner as appeals are allowed to judgments and decrees of the said court of common pleas. Act June 10, 1893, 2, P. L. 415, I Purd. 817-8, pi. 160. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. (3) Constitutionality of Act of 1893. In approving the Act of 1893, the Governor suggested that Section 1 providing for the termina- tion of easements by abandonment is not germane to the title which reads: "To Provide for the Quieting of Titles to Land." (4) Parties, (a) A private individual may not demand forfeit- ure in the name of the commonwealth: Com. v. Bridge Co., 20 Pa. 185, 1853; (b) the proceedings must be begun by the attorney gen- 120 STATUTORY PROCEEDINGS. 48-101] Corporations Counties 59 (4) (b)- 60 eral: Lebanon Water Co., 4 Dauph. 228, 1891; (c) by Act June 19, 1871, 1, P. L. 1360, 1 Purd. 822, pi. 180, courts of law or equity are authorized to inquire into the rights and franchises of corporations at suit of private parties or of other corporations, where right or franchises are alleged to be injured; (d) the Act of 1893 applies only to parties in possession whose title is disputed by parties out of pos- session: Delaware & Hud. Canal Co. v. Genet, 169 Pa. 343, 1895; Loveland v. Howe, 2 Lack. L. N. 34, 1896; Hilborn v. Wilson, 17 Pa. C. C. 346, 1896; McGarry v. McGarry, 9 Pa. Super. Ct. 71, 1898; Gans v. Drum, 24 Pa. C. C. 481, 1900. (5) Boulevard Companies. The provisions of the Act of 1874 ex- tend to boulevard companies : Act June 26, 1895, 2 P. L. 382, 1 Purd. 536, pi. 2. (6) Bridge Companies. Bridge companies are expressly excepted by 2, from the operation of the act. (7) Gas and Water Companies Impurity or Deficiency. See 69, below. 60. Counties (A) Damages Public Buildings. After final judgment [on the trial by a jury in proceedings in the court of common pleas to assess damages for pri- vate property taken for county buildings], either party may have a writ of error thereto, from the Supreme (or Superior) Court, in manner prescribed in other cases. Act June i, 1883, i, P. L. 58, i Purd. 839-40, pi. 40. (B) Constructing Highways, Bridges and Tunnels. Any party so interested, may, within thirty days after final decree and confirmation of said report by said [common pleas] court [in proceedings by counties to condemn prop- erty for purposes of constructing public highways, bridges and tunnels], have an appeal to the Supreme (or Super- ior) Court. Act May n, 1909 9, P. L. 506, 5 Purd. 5964, pi. 140. See note (5), this section. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. (2) Superior Court. For jurisdiction of Superior Court in ap- 121 SPECIAL JURISDICTION AND PARTIES. 60(3)-(5),61(1) (2) (c) Counties Divorce [Chap. 5, peals from proceedings in the common pleas, see Chapter VI, 108 et seq., below. (3) Appeal from County Auditors' Reports. See 54, above. (4) Time for Appeal. Time limit for appeal is six months by Act May 19, 1897. See 126, below. (5) Jurisdiction of Appellate Courts Under Acts of 1909. The provision that the Supreme Court shall have jurisdiction of appeals under the Act of May 11, 1909, (B) this section, above, without regard to the amount involved, would seem to violate Art. 5, 26 of Const., 1 (B) (C), 48 (E), above, requiring laws relating to courts to be general and of uniform operation; but the right of appeal in eminent domain cases exists under Art. 16, 8 of the Constitution, and the Act of June 13, 1874, 48 (A), above; and the jurisdiction of the Supreme or Superior Court would, it seems, attach according to the amount involved, notwithstanding the above statute. 61. Divorce. Either of the parties in any suit or action for divorce now pending or that shall hereafter be brought, after the final sentence or decree, may appeal therefrom. Act June n, 1891, i, P. L. 295, i Purd. 1245, pi. 26. (1) Appeal by Libellant as to Jurisdiction. Libellant may appeal from decree granting divorce, where it appears on face of record that court was without jurisdiction to entertain libel; but on such appeal cannot complain of mere irregularities not affecting validity of de- cree: English v. English, 19 Pa. Super. 586, 1902. (2) Review of Testimony on Appeal, (a) On appeal from decree in divorce, appellate court must review testimony and adjudge whether it sustains libel: McClurg's Ap., 66 Pa. 366, 1871; Rosenberry v. Rosenberry, 180 Pa. 221, 1897; Middleton v. Middleton, 187 Pa. 612, 1892; Baker v. Baker, 195 Pa. 407, 1900; Reed v. Reed, 30 Pa. Super. 229, 1906; Hedderson v. Hedderson, 35 Pa. Super. 629, 1908; (b) except where there has been a jury trial: Andrews v. Andrews, 5 S. & R. 374, 1819; Gordon v. Gordon, 208 Pa. 186, 1904; Fay v. Fay, 27 Pa. Super. 328, 1905; (c) but great weight will be given to ap- proval of master's findings, after careful scrutiny of evidence and report, by court below: Edgar v. Edgar, 23 Pa. Super. 220, 1903; King v. King, 36 Pa. Super. 33, 1908. For further cases, see 228. 122 STATUTORY PROCEEDINGS. 48-101] Divorce Domestic Attach. Elections 61, (2) (d) - 62, 63 note (18) (b2) to (e2). (d) The appellate court has jurisdiction, under Act May 20, 1891, 1, P. L. 101, (74, below), to review decree dis- missing petition to revoke final decree in divorce, but will reverse only when there has been clear abuse of discretion: Given v. Given, 25 Pa. Super. 467, 1904; (e) prior to that act there was no jurisdiction to review order vacating decree : Allen v. Maclellen, 12 Pa. 328, 1850 ; except after death of libellant: Boyd's Ap., 38 Pa. 241, 1861; (f) court will not remit case to secure after-discovered evidence which is merely cumulative : Hartje v. Hartje, 35 Pa. Super. 14, 1908. (3) Jurisdiction on Appeal. Jurisdiction on appeal in divorce is now exclusively in Superior Court. See 113. 62. Domestic Attachment. Any person aggrieved by any definite (definitive) decree of any court of common pleas in any case of domestic attachment, as aforesaid, [where the debtor has absconded or concealed himself with intent to defraud creditors] may appeal from the same to the Supreme (or Superior) Court in the proper district. Act June 13, 1836, 43, P. L. 606, i Purd. 1269, pi. 16. (1) No Appeal Prior to Act. Prior to this act there was no appeal in proceedings in domestic attachment: Lewis v. Wallick, 3 S. & R. 410, 1817. (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. 63. Elections - (A) Nomination or Election Ex- penses Audit of Account. The decision of the court [of quarter sessions] upon the audit [of an account of nomi- nation or election expenses] shall be subject to appeal. Act March 5, 1906, 10, P. L. 78, 5 Purd. 5449, pi. 89. (B) Contest Judiciary Constitutional Question In- volved. When the election of a Judge of the Supreme Court, or a judge of any subordinate court of record, re- quired to be learned in the law, shall be contested, if the trial and determination of such election contest shall in- volve the true construction of any provision of the Consti- 123 SPECIAL JURISDICTION AND PARTIES. 63 Elections [Chap. 5, tution, or if the decision shall depend on any question aris- ing upon the Constitution, an appeal shall lie from the de- cision of the court or judges empowered to try such con- tested election to the Supreme Court. Act June 12, 1878, i, P. L. 204, 2 Purd. 1386, pi. 351 ; 2034, pi. 17. (C) Parties Filing and Hearing Appeals. Such appeal may be taken by any person whose right to the office was tried and determined, or by any person aggrieved by the decision, within thirty days after the decision of the judges shall have been entered of record to the case in the court of common pleas. The appeal shall be filed in the prothonotary's office of the proper district, but may be heard by the said Supreme Court, in any district; and it shall be the duty of said Court to hear and decide the same, without delay. Act June 12, 1878, 2, P. L. 204, 2 Purd. 1387, pi. 352; Id. 2034, pi. 18. (D) Decision and Certifying same. The said Supreme Court, having decided the constitutional question involved in such election contest, shall thereupon proceed to decide and declare which of the candidates voted for received the greatest number of legal votes and is entitled to the office, and shall cause their decision to be certified to the secre- tary of the commonwealth. Act June 12, 1878, 4, P. L. 204, 2 Purd. 1387, pi. 354; Id. 2034, pi. 20. (E) Receiver for Vacant Office Account of Phila- delphia County. Any [person] aggrieved by the final de- cree [of the court of common pleas on the account of a receiver appointed on application of any citizen to hold all fees, &c., of a contested office in Philadelphia county] upon said receiver's account may appeal therefrom, as in other equity proceedings. Act April 10, 1867, 2, P. L. 1123, 2 Purd. 1395, pi. 377. 124 STATUTORY PROCEEDINGS. 48-101] Escheat 64 (1) Constitutional Question Necessary. No appeal lies from judgment in contested judicial election unless constitutional ques- tion is involved: Lyon v. Dunn, 196 Pa. 90, 1900. Jurisdiction of court is limited to review of soundness of law as declared by court below to have been their guide in reaching their decision, and does not extend to review of judgment of court on weight of evidence or facts established by it on each particular item or vote contested: Mitchell, J., Id. ; where constitutional questions were ruled in favor of appellant, appeal will be quashed: Id. 64. Escheat. (A) Feigned Issue Writ on Excep- tions to Rulings. Whenever any proceedings in escheat shall have been instituted or shall be pending in any court of this commonwealth, and there shall be any disputed fact or facts touching said escheat, then, and in that case, the said court shall, upon application of the escheator, or any other person interested or claiming to be interested in the said proceedings, prior to the filing of a finding or adjudi- cation therein, frame an issue or issues to determine said disputed question or questions of facts; which said issue or issues shall be tried in the court of common pleas of the same county in which the proceedings in escheat shall have been instituted, and shall, if necessary, be certified to said court for that purpose. In cases where escheat proceed- ings are instituted in the Supreme Court, such issue or issues shall be certified to, and shall be tried by the court of common pleas of such county as the Supreme Court shall designate. Any party to said issue may, upon the trial thereof, except to the ruling of the court upon any point of evidence or of law, which exception shall be noted by the court and filed of record in the cause; and a writ of error to the Supreme (or Superior(?)) Court may there- upon be taken by any party to said issue, with the usual force and effect. Act May 2, 1889, 9, P. L. 66, 2 Purd. 1471, pi. 12. 125 SPECIAL JURISDICTION AND PARTIES. 64, 65 Escheats Estates Tail [Chap. 5, (B) Final Adjudication Appeal by Commonwealth or any person. The commonwealth or any person ag- grieved or claiming to be aggrieved by a final adjudication or finding in escheat, may appeal from the same to the Su- preme (or Superior( ?)) Court. Act May 2, 1889, 12, P. L. 66, 2 Purd. 1472, pi. 15. (C) Traverse by Party Without Notice. A writ of error shall lie in such case [on traverse within three years of final adjudication by one interested who is without no- tice] to the Supreme (or Superior (?)) Court at the suit of any traverser or of the commonwealth. Act May 2, 1889, 22, P. L. 66, 2 Purd. 1473-4, pi. 27. (1) Supreme Court Jurisdiction. Under Act of May 5, 1899, 104, below, the Supreme Court has jurisdiction of appeals regard- less of the amount involved, whenever the case is brought, author- ized or defended by the attorney general in his official capacity. Where the attorney general does not appear in the case, the jurisdiction under the Act of 1889, above, would seem to depend on the amount in controversy. (2) Pipe-Line Companies. For escheat and forfeiture by quo war- ranto proceedings of pipe line companies for acquiring control of competing lines, see 86 (B), below. (3) Telegraph Companies. For escheat and forfeiture by quo war- ranto proceedings of telegraph co'mpany for acquiring control of com- peting line, see 95, below. 65. Estates Tail Barring. It shall and may be lawful for any person or persons [in proceedings to bar estates tail by fine and common recovery in the court of common pleas] either by appeal or writ of error, as the case may require, to seek and obtain redress against any error or errors which have happened or may happen in any such proceedings. Act January 27, 1750, 2, i Sm. L. 203, 2 Purd. 1483, pi. 2. 126 STATUTORY PROCEEDINGS. 48-101] Executions 66 66. Executions (A) Sheriff's Interpleader. The judgment recovered [on the issue in a sheriff's inter- pleader] shall be subject to appeal to the Supreme Court or Superior Court as in other cases. Act May 26, 1897, 10, P. L. 95, 2 Purd. 1555-6, pi. 80. (B) Distribution Without Intervention of Jury. Any person aggrieved by the decree of the court [of common pleas in any case of distribution made without the inter- vention of a jury], may, at any time within twenty days thereafter, appeal from the same to the Supreme (or Super- ior) Court. Act June 16, 1836, 89, P. L. 755, 2 Purd. 1583, Pi- 154- - (C) Refusal of Issue on Distribution. [On applica- tion for an issue on the distribution of money arising from sales under execution or orphans' court sales, or to deter- mine the validity of the lien of a purchaser who is a lien creditor, the court of common pleas shall determine whether such issue shall be granted], subject to a writ of error or appeal by such applicant, if the issue be refused, in like manner as in other cases in which such writ now lies. Act April 20, 1846 2, P. L. 411, 2 Purd. 1579-80. Upon a writ of error issued as aforesaid, the whole record shall be returned, and it shall be competent, for any person aggrieved by the decree of distribution, to take exceptions thereto, if the judgment upon such issue should be affirmed. Act June 16, 1836, 88, P. L. 755, 2 Purd. 1583, pi. 153. - (D) Judgment on Issue. The judgment upon such issue [directed to try dispute as to fact connected with dis- tribution of proceeds of sheriff's sale] shall be subject to a writ of error, in like manner as other cases wherein writs oi error now lie. Act June 16, 1836, 87, P. L. 755, 2 Purd. 1581, pi. 150. 127 SPECIAL JURISDICTION AND PARTIES. 66(l)-(4) Executions [Chap. 5, (1) Review in Interpleader Under Act 1897 Abuse of Discretion, (a) Under Act April 10, 1848, 8, P. L. 450, 2 Purd. 1435, pi. 6, ex- tended throughout the state by Act March 10, 1858, P. L. 91, and Act April 10, 1849, 7, P. L. 619, writ of error did not lie to refusal to direct issue: Bain v. Funk, 61 Pa. 185, 1869; (b) nor to award of issue: White v. Rech, 171 Pa. 82, 1895; (c) and Act of 1897 gives no appeal except as theretofore, upon points arising at the trial: Book v. Sharpe, 189 Pa. 44, 1899; (d) but since under Act 1897, claimant is deprived of a substantial right by being deprived of his action against the sheriff, he is a party aggrieved by discharge of rule for issue, and may appeal where abuse of discretion of court below is shown: Book v. Sharpe, 189 Pa. 44, 1899; Gillespie v. Agnew, 22 Pa. Super. 557, 1903; (e) it seems no appeal from judgment in feigned issue will lie until after final decree of distribution: Kimmel v. John- son, 18 Pa. Super. 429, 1901. (2) Review Under Acts 1836 and 1846. (a) Appeal lies from re- fusal to grant issue: Providence Co. v. Chase, 108 Pa., 319, 1885; Schwartz's Ap., 21 W. N. C. 246, 1888; S. C. 10 Sad. 80; Moore v. Dunn, 147 Pa. 359, 1892; People's Savings Bank v. Hosier, 199 Pa. 375, 1901; (b) from decree striking off issue: Dormer v. Brown, 72 Pa. 404, 1872; (c) from judgment on feigned issue: Brown's Ap., 26 Pa. 490, 1856; Christophers v. Selden, 28 Pa. 165, 1857; Brown v. Parkinson, 56 Pa. 336, 1868; (d) but appeal does not lie until after final decree of distribution: Reed's Ap., 71 Pa. 378, 1872; Providence Co. v. Chase, 108 Pa. 319, 1885; Kimmel v. Johnson, 18 Pa. Super. 429, 1901. (3) Scope of Act of 1846. (a) The Act of 1846 above is a gen- eral law applying to all executions : Biddle v. King, 1 Phila. 394, 1852 ; (b) but does not apply to a sale at the instance of heirs under a later act: McCarron's Est., (C. P.) 15 W. N. C. 485, 1884; (c) there must be disputed facts: Russel v. Reed, 27 Pa. 166, 1856; Robinson's Ap., 36 Pa. 811, 1859 ; (d) disputed questions of law are not sufficient : Souder's Ap., 57 Pa. 498, 1868; (e) allegations of fraud are sufficient: Schwartz's Ap., 21 W. N. C. 246, 1888; Moore v. Dunn, 147 Pa. 359, 1892; (f) but plaintiff must be connected with the fraud: Loeffler v. Schmertz, 152 Pa. 615, 1893. (4) Parties to Appeal (a) Lien creditors only are parties inter- ested who can appeal from decree of distribution: Smith v. Reiff, 20 Pa. 364, 1853, Shaw's Ap., 46 Pa. 407, 1864; Housekeeper's Ap., 49 Pa. 141, 1865; (b) but lien creditor who fails to appeal cannot 128 STATUTORY PROCEEDINGS. 48-101] Feigned Issue join in distribution of fund raised by execution : Cash 's Ap., 1 Pa. 166, 1845; (c) record may be brought up by appeal or certiorari: Tryon v. Cadwaledar, 3 Luz. L. Ob. 230, 1863. (5) Joint Appeals not Allowed. Although several feigned issues awarded in distribution of same fund, are tried together before one jury, separate appeals must be taken from judgments therein: Kim- mel v. Johnson, 18 Pa. Super. 429, 1901. (6) Time for Appeal, (a) The Act of May 19, 1897, (126, below), gives the right to appeal from any order, judgment, or decree, within six months from date of entry; (b) appeal taken before judgment is entered on verdict will be quashed: Kimmel v. Johnson, 18 Pa. Super. 429, 1901. (7) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. 67. Feigned Issue (A) Appeal from Final Judgment or Decree Preserved. In cases of feigned issues heretofore or yet to be tried, when exceptions have been or shall be taken to the rulings or charge of the court, a writ of error may be taken without prejudice to the right of appeal on final judgment or decree. Act February 12, 1869, i, P. L. 3, 2 Purd. 1436, pi. 10. (B) Directed by Orphans' Court. In all cases where a feigned issue has been or hereafter may be directed by the orphans court, a writ of error shall be in the same manner as in cases where feigned issues are directed by the court of common pleas, and shall embrace all causes now pending on writ of error in the Supreme Court or other- wise. Act April 10, 1848, 8, P. L. 450, 2 Purd. 1435, pi. 6. (1) Review When Writ Lies, (a) A writ of error to a feigned issue brings up only the record of the trial : Gallagher v. Stewart, 34 Leg. Int. 232, 1876; (b) antecedent matters in the proceeding out of which the issue arose can only be reviewed after final decree: Mc- Farland v. Clark, 4. W. N. C. 250, 1877; (c) a writ should not be taken to a judgment as one issue where there are other issues not to be tried: Schriver v. Eckenrode, 94 Pa. 456, 1880 ; (d) and where a feigned issue is awarded as ancillary to a suit or proceeding, the judgment in such 129 SPECIAL JURISDICTION AND PARTIES. 68 Foreign Attachment [Chap. 5, issue cannot be reviewed by writ of error until after final judgment or decree in the principal cause: Cake v. Cake, 106 Pa. 472, 1884; (e) error will not lie to a feigned issue to determine proceeds of a sheriff's sale until after decree of distribution is entered on the judgment : Reed's Ap., 71 Pa. 378, 1872; Knebel v. Baumgarden, 1 Leg. Eec. 137, 1879; see also 66, n (2) (d) ; (f) the Act of 1848 does not take away right to writ on final decree: Hallowell's Ap., 20 Pa. 215, 1852; Fin- ney's Ap., 37 Pa, 323, 1860; (g) and separate writs may be taken from judgment in feigned issue and from final decree: Shiffer's Ap., 4 Penny. 512, 1884; (h) on review of final decree, entire proceedings, including trial of feigned issue, may be examined: Hallowell's Ap., 20 Pa. 215, 1852; Finney's Ap., 37 Pa. 323, 1860; (i) but writ is pre- mature until after final judgment or decree in principal cause: Green v. Mills, 103 Pa. 22, 1883; Cake v. Cake, 106 Pa. 472, 1884. (2) Other Cases of Feigned Issue. For the right of review in other cases of feigned issue, see under appropriate subjects in this chapter. 68. Foreign Attachment Judgment for One of Sev- eral Defendants Attachment Against Others Dissolved Review by Plaintiff. If any such defendants [in attach- ment and summons where two or more persons shall be jointly, but not severally, liable to the suit of another, if one or more of such persons shall be liable to process of attachment and another or others of them shall not be liable to such process] against whom a summons shall issue as aforesaid, shall plead any plea in bar of the whole action, in the manner and form in which it is brought, and a verdict and judgment absolute thereon be rendered for such defendant, the attachment against the other defen- dant shall, upon the motion of any person interested, be dissolved, and the goods and effects thereby bound shall be discharged, unless the plaintiff shall, within a year and a day thereafter sue out and prosecute a writ of error (ap- peal) to revise such judgment, and in the meantime, and until such judgment be reversed, no further proceedings shall be had upon any judgment which may have been ren- 130 STATUTORY PROCEEDINGS. 48-101] Gas and Water Cos. Ground Rents Injunctions 69-71 dered against any defendant attached. Act June 13, 1836, 75, P. L. 568, 2 Purd. 1729, pi. 50. (1) Time for Appeal. Time limit for appeal is six months by Act May 19, 1897. (See 126, below). 69. Gas and Water Companies Impurity or Defici- ency. Either party may appeal [from the decree of the court of common pleas in proceedings under complaint of impurity or deficiency of gas or water] to the Supreme (or Superior) Court as in cases in equity. Act June 10, 1881, 3, P. L. 112, 2 Purd. 1791, pi. 30. (1) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. 70. Ground-Rents Proceedings to Extinguish. Any party aggrieved by the judgment of the court [of com- mon pleas in proceedings to extinguish ground-rents] may appeal thereupon to the Supreme Court or Superior Court as in other cases. Act June 14, 1897, 5, P. L. 149, 2 Purd. 1809, pi. 19. 71. Injunctions Special or Preliminary. (A) Grant- ing Hearing. In all cases in equity in which a special injunction has been or shall be granted by any court of common pleas .... an appeal to the Supreme (or Superior) Court for the proper district shall be allowed . . . . and all such appeals shall be heard by the Su- preme (or Superior) Court in any district in which it may be in session, as is provided in cases in equity originating in the Supreme Court. Act February 14, 1866, i, P. L. 28, 2 Purd. 1424, pi. 53. (B) Refusing Hearing Practice on Appeal. In all cases in equity in which a special or preliminary in- junction has been refused by any court of common pleas, SPECIAL JURISDICTION AND PARTIES. 71 Injunctions [Chap. 5, an appeal to the Supreme (or Superior) Court for the proper district shall be allowed. . . . And all such appeals shall be heard by the Supreme (or Superior) Court in any district in which it may be in session, as is pro- vided in cases in equity originating in the Supreme Court. Act June 12, 1879, I 1 * P- L. 177, 2 Purd. 1425, pi. 54. In all appeals under this act, only such bills, answers and affidavits as shall be certified by the judge or judges of the lower court, as having been before said court at the hear- ing for injunction, shall be considered by the Supreme (or Superior) Court; and all cases shall be heard and deter- mined as though said court had original jurisdiction in the premises, and the application for injunction had been made to said court. Act June 12, 1879, 2, P. L. 177, 2 Purd. 1425, pi. 55- (1) When Appeal Lies Review, (a) Decree granting injunction and appointing receiver is a unit, and appeal will lie from it: Schlecht's Ap., 60 Pa. 172, 1869; Haught v. Irwin, 166 Pa. 548, 1895; (b) order appointing receiver is in effect an injunction, from which appeal may be taken: Schlecht's Ap., 60 Pa. 172, 1869; New Castle &c. R. R.'s Ap., 3 Walk. 281, 1880; Treat v. Ins. Co., 199 Pa. 326, 1901; (c) ordinarily appellate court will only review abuse of discretion in appointing or removing receiver: Beaumont v. Beaumont, 166 Pa. 615, 1895; (d) the appeal will be dismissed unless it is clearly shown that great injustice will be done appellant by continuing the injunc- tion: Snyder v. Brown, 197 Pa. 450, 1900; (e) action of court below will not be interfered with unless clearly erroneous and immediately injurious to appellant: Western N. Y., &c., Ry. v. Ry., 193 Pa. 127, 1899; Deemer v. R. R., 212 Pa. 491, 1905; (f) pendency of appeal does not suspend proceedings in original suit, and where there has been ample time, pending appeal from order granting or refusing pre- liminary injunction, to procure final decree, and there are disputed facts, appellate court will not interfere: Sheaffer's Ap., 100 Pa. 379, 1882; Gyger's Ap., 15 W. N. C. 513, 1885; Rudy v. My ton, 19 Pa. Super. 319, 1902; (g) the merits will not be examined further than necessary to determine propriety of injunction at that stage of the 132 STATUTORY PROCEEDINGS. 48-101] Insolvency Insurance Companies 72,73 case: Bryner v. Bridge Co., 190 Pa. 617, 1899; Delaware & Hudson Co. v. Boro., 224 Pa. 387, 1909; Ross Water Co. v. Water Co., 228 Pa. 235, 1910; North Shore R. R. v. Penna. Co., 231 Pa. 307, 1911; (h) under Act of 1866 no appeal lay to refusal to grant preliminary injunction; such right was first given by Act of 1879; Hilbish v. Cath- erman, 60 Pa. 444, 1869: (i) no appeal lies from order continuing hearing on motion to dissolve preliminary injunction and giving leave to plaintiff to file answer: Caflisch v. Logue, 216 Pa. 146, 1907. (2) Appeal Certified to Any District. Appeal may be certified by prothonotary to any district where appellate court is in session, where it will be placed on regular list and heard when reached in order: Kraft's Ap., 94 Pa. 449, 1880. (3) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. (4) Injunctions Generally. For appeals in injunctions generally see 44 and notes. (5) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above. 72. Insolvency Final Order Order Resulting in Imprisonment. Any final judgment, order or decree, or any order or decree resulting in imprisonment, made under the provisions of this act [relating to insolvency] may be appealed from to the Supreme or Superior Court, as in other cases. Act June 4, 1901, 39, P. L. 404, 2. Purd. 1934, Pi- 139- (1) Banks. For proceedings by assignee in case of fraudulent insolvency of bank, see 55, above. 73. Insurance Companies Insolvency Fraud. With- in three months after the date of any decree, either dissolv- ing or continuing an insurance corporation [in proceedings in the court of common pleas by the attorney general in cases of alleged insolvency or fraudulently conducted in- surance companies] either party to the proceeding may take an appeal to the Supreme Court, which shall be heard 133 SPECIAL JURISDICTION AND PARTIES. 74 (1) (a)-(e) Judgments Opening, etc. [Chap. 5, and determined by said court as appeals in equity cases are now heard and determined. Act May i, 1876, 52, P. L. 53, 2 Purd. 1952, pi. 61. (1) Time for Appeal. Time limit for appeal is six months by Act May 19, 1897. See 126, below. 74. Judgments Opening, Vacating or Striking Off or Refusing Same. In all cases of application for the open- ing, vacating and striking off of judgments of any kind, whether entered by amicable confession, upon warrant of attorney or otherwise, any party aggrieved by the decision of the court opening, vacating or striking off, or the refusal to open, vacate or strike off such judgment, may appeal therefrom to the Supreme (or Superior) Court of this commonwealth, and such cause shall thereupon be heard, reviewed and decided upon such appeal by the Supreme (or Superior) Court in like manner as appeals from final decrees to the said Supreme Court. Act May 20, 1891, i, P. L. 101, 2 Purd. 1438, pi. 14. (1) Scope of Act. (a) This act does not extend power of com- mon pleas, but merely extends right to appeal: Pennock v. Kennedy, 153 Pa. 579, 1893; (b) it was not intended to give two opportunities for reversal: Mayer v. Brimmer, 15 Pa. Super. 451, 1900; American Soda Water Co. v. Taggart, 46 Pa. Super. 123, 1911; (c) a plaintiff may at his option take appeal under this act within six months, or wait until the issue is tried and final judgment is entered, when all matters can be considered in one appeal; the latter course is to be commended as it saves two appeals in the same case: Schomaker v. Dean, 201 Pa. 439, 1902 ; American Soda Water Co. v. Taggart, 46 Pa. Super. 123, 1911; (d) prior to Act of 1891, appeal lay from decision of court on application to have any judgment entered by virtue of warrant of attorney or on judgment note opened and defendants let into a defense : Act April 4, 1877, P. L. 53, 1 Purd. 1437, pi. 13 ; (e) under latter act appeal did not lie from refusal to open judgment entered by amicable agreement : Lamb 's Ap., 89 Pa. 407, 1879 ; Jones 's Ap., 1 Walk. 355, 1881; First Nat. Bank's Ap., 106 Pa. 68, 1884; Kerr 134 STATUTORY PROCEEDINGS. 48-101] Judgments Opening, etc. 74 ( 1) (f )-(s) v. Wonderlich, 7 Sad. 1, 1887; Limbert v. Jones, 118 Pa. 589, 1888; Blythe Twp. v. Morris, 9 Sad. 515, 1888; (f) nor under agreement for ejectment in lease : Lambert v. Jones, 118 Pa. 589, 1888 ; Swartz 's Ap., 119 Pa. 208, 1888; Dikeman v. Butterfield, 135 Pa. 236, 1890; (g) nor on verdict of jury: Gaskill v. Crawford, 130 Pa. 28, 1889; (h) nor on judgment confessed in adverse proceedings; Maneval v. Jackson Twp., 141 Pa. 426, 1891; (i) nor from order opening confessed judg- ment, staying execution and directing issue: Citizens' B. & L. Asso. v. Hoagland, 87 Pa. 326, 1878; English's Ap., 119 Pa., 533, 1888; Jenkintown Nat. Bank's Ap., 124 Pa. 337, 1889; (j) under Act of 1891, appeal lies from refusal to open judgment entered for want of appearance: Kelber v. Plow Co., 146 Pa. 485, 1892; (k) of ouster in quo warranto proceedings: Com. v. O'Donnel, 188 Pa. 23, 1898; (1) entered under agreement for ejectment in lease: Duffy v. Kaufman, 18 Pa. Super. 362, 1901 ; (m) in divorce : Given v. Given, 25 Pa. Super. 467, 1904 ; (n) from refusal to take off a non-suit : Harvey v. Pollock, 148 Pa. 534, 1892; (o) but right of appeal is not extended to judgment in application to stay or set aside an execution, based on facts out- side the record: Stephens v. Addis, 19 Pa. Super. 185, 1902; Hanscom v. Chipin, 27 Pa. Super. 546, 1905; (p) agreement in lease expressly waiving right to writ of error, objection or exception, will be enforced, and appeal from refusal to open judgment of ejectment entered under lease, will be quashed: Groll v. Gegenheimer, 147 Pa. 162, 1892; Sea- grave v. Lacy, 28 Pa. Super. 586, 1905; (q) for right of appeal from refusal to open judgment in mechanic's and municipal liens, see 78 and 79, below ; (r) appellate court will not open, because of invalidity of tax lien, a judgment entered on sci. fa. to collect taxes where lien is expired: Philadelphia v. Kates, 150 Pa. 30, 1892; (s) under Act April 4, 1877, P. L. 53, an application to open judgment was addressed to the equitable powers of the court, and the question was whether lower court rightly exercised its discretion. The enlarged powers con- ferred by Act of 1891 are to be construed and exercised as were those given by Act of 1877, and appellate court will not reverse except in clear cases of abuse of discretion : Kelber v. Pittsburgh National Plow Co., 146 Pa. 485, 1892; Com. v. Titman, 148 Pa. 168, 1892; Phila. v. Kates, 150 Pa. 30, 1892; Fisher v. King, 153 Pa. 3, 1893; Walter v. Fees, 155 Pa. 55, 1893; Phila. v. Weaver, 155 Pa. 74, 1893; Duane v. Addicks, 155 Pa. 124, 1893; Pfaff v. Thomas, 3 Pa. Super. 419, 1897; Stephen v. Hudock, 4 Pa. Super. 474, 1897; Renwick v. Richardson, 5 135 SPECIAL JURISDICTION AND PARTIES. 75 Labor Claims [Chap. 5, Pa. Super. 202, 1897; Leader v. Dunlap, 6 Pa. Super. 243, 1898; Koch v. Biesecker, 7 Pa. Super. 37, 1898; Mullet v. Hensel, 7 Pa. Super. 524, 1898; Steel Iron Co. v. Jacobs, 9 Pa. Super. 122, 1898; Walsh v. Ashford, 9 Pa. Super. 566, 1899; Kistler v. Scheirer, 10 Pa. Super. 220, 1899; Freeman v. Sanner, 11 Pa. Super. 42, 1899; Blauvelt v. Kemon, 196 Pa. 128, 1900; Com. v. Mellet, 196 Pa. 243, 1900; Green v. Boyd, 13 Pa. Super. 651, 1900; Rhem v. Frank, 16 Pa. Super. 175, 1901; Duffy v. Kaufman, 18 Pa. Super. 362, 1901; Whitecar v. Su- preme Castle, 18 Pa. Super. 631, 1902; Kaier Co. v. O'Brien, 202 Pa. 153, 1902; Hirschlan v. Krechman, 20 Pa. Super. 227, 1902; Zartman v. Spangler, 21 Pa. Super. 647, 1902; Gottleib v. Middleberg, 23 Pa. Super. 525, 1903; Fryberger v. Hotter, 24 Pa. Super. 317, 1904; Given v. Given, 25 Pa. Super. 467, 1904; Augustine v. Wolf, 215 Pa. 558, 1906; Doyle v. Reiter, 32 Pa. Super. 251, 1906; Raeder v. Monks, 228 Pa. 269, 1910. (t) But where the judgment is based on an erroneous deduction from facts found, it is subject to revision and correction: Woodward v. Carson, 208 Pa. 144, 1904. For additional cases, see 228, note (24) (z3). (2) Superior Court. For jurisdiction of Superior Court, see Chap- ter VI, 108 et seq., below. (3) Judgments Non Obstante Veredicto. For appeal from judg- ments n. o. v., see 88 (C). (4) Entry of Judgment without Return of Record, etc. For power of appellate court to enter judgment without return of record, etc., under 2 of Act of 1891, above, see 228, notes (l)-(5), below. 75. Labor Claims Joint Appeals Hearing. Here- after in all contests over labor claims in cases of distribu- tion under the Acts of Assembly of April 22, 1854, P. L. 480, [4 Purd. 5051, pi. 21, relating to preference of wages in cases of assignment] and May 12, 1891, P. L. 54, [4 Purd. 5051, pi. 9, relating to preference of wages in cases of distribution] and their supplements, any two or more of such labor claimants may join in taking an appeal to the proper appellate court from any judgment or decree of the court below adverse to their said claims, and may file either joint or several assignments of error on such appeal as the 136 STATUTORY PROCEEDINGS. 48-101] Lunatics and Habitual Drunkards . 76 nature of the case may require. And on the hearing of such appeal the appellate court shall determine the rights of the several parties, respectively, in the same manner as the said court might do if the court below had decided in favor of said claimants, and the execution creditor or other person claiming adversely to said labor claimants had taken the appeal. Act June 15, 1897, i, P. L. 154, 2 Purd. 1440, pi. 21. (1) Jurisdiction on Appeal. The Act of May 5, 1899, 7, P. L. 248, 2 Purd. 1442, pi. 31, provides that appeal shall be taken to the Superior Court. See 114. 76. Lunatics or Habitual Drunkards (A) Supersed- ing Commission. Nothing in this act [a supplement to the Act of June 13, 1836, 63, providing that the court of com- mon pleas shall when demanded by an alleged lunatic or habitual drunkard, direct an issue and jury trial according to the course of the common law in which the verdict, if in favor of the petitioner, shall be conclusive, but if against the petitioner, advisory only; and when the petitioner does not demand a jury trial the court shall take proofs and in proper cases make an order to supersede the proceedings] shall be so construed as taking away the right of appeal as at common law. Act June 15, 1897, 13, P. L. 162, 2 Purd. 2406, pi. 91. (B) Maintenance, etc., of Lunatics. From any order, final or otherwise, thus made [for maintenance, custody, care or disposition of a lunatic or his property] an appeal may be taken to the Supreme (or Superior) Court. Act May 8, 1883, 39, P. L.2I, 2 Purd. 2392. pi. 18. (1) Weak-minded Persons. For review of proceedings relating to weak-minded persons, see 101. (2) No Review on Merits in Appellate Court. Under Act of 1897 there is no provision for bringing evidence on inquisition in lunacy 137 SPECIAL JURISDICTION AND PARTIES. 77 Mandamus [Chap. 5, on the record by bill of exception or otherwise, and therefore no power of review on merits; party aggrieved by finding must pursue statu- tory remedy by traverse under Act May 8, 1874, P. L. 122, 2 Purd. 2393, pi. 19: Weaver's Case, 116 Pa, 225, 1887; Com. v. Harrold, 204 Pa. 154, 1902. (3) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above. (4) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. 77. Mandamus Practice Supersedeas Juris- diction Review. The party aggrieved by the proceed- ings had in any court of common pleas upon any writ of mandamus may remove the same at any time within twenty days after final judgment, order, decree, or in cases where the granting of said writ is required by the first section of this act, at any time within twenty days after refusal to grant said writ, into the Supreme (or Superior) Court by appeal as in other actions at law, and such appeal shall supersede any peremptory writ by the court and also any execution for damages or costs, upon bail to be given as in other civil cases. Act June 8, 1893, 29, P. L. 348, 3 Purd. 2431, pi. 29. Such appeal shall also supersede any peremptory writ is- sued within twenty days after final judgment, order or de- cree: Provided, however, That the certiorari in conse- quence of such appeal be lodged in the office of the pro- thonotary of the court awarding the writ before the man- date thereof shall have been fully complied with : Provided, further, That said appeal shall be made returnable forth- with. Act June 8, 1893, 30, P. L. 349, 3 Purd. 2431, pi. 30. Every such appeal may be made returnable forthwith, and, if thus made returnable, it shall be heard and decided by the Supreme (or Superior) Court in any district in 138 STATUTORY PROCEEDINGS. 48-101] Mandamus 77 (1) (a)-(c) which it may be in session, as in this act provided in cases originating in said court, and if not thus returnable it shall be heard and decided by said court when in session in the proper district at the term to which it shall have been made returnable. Act June 8, 1893, 31, P. L. 349, 3 Purd. 2431, pi. 30. The Supreme Court in any district shall exercise, throughout the state, original jurisdiction in the cases authorized by the organic law of the state, and if not decided before the close of its session in said district shall cause the same to be certified to and filed for action with the prothonotary of said court in the district within which it shall be next in session, and so to be certified from district to district until finally decided. Act June 8, 1893, 32, P. L. 345, 3 Purd. 2431, pi. 32. The Supreme (or Superior) Court in such cases shall dispose of all issues of fact arising therein in such manner as may be deemed just and reasonable, and shall enter such judgments, orders or decrees and in such manner and on such terms as to it may seem proper, and to that end may make all necessary rules and regulations. Damages and costs allowed by this act and awarded by the Supreme (or Superior) Court shall be recovered in the manner said court may direct. Act June 8, 1893, 33, P. L. 345, 3 Purd. 2 43 1, pl- 33- (1) Parties, (a) Under Act of June 8, 1893, 9 P. L. 345, 3 Purd. 2427, pi. 9, any person claiming right or interest in the subject matter and permitted to intervene, may appeal; but where peremptory man- damus has been awarded against a public officer to pay salaries due other public officers, a mere private citizen cannot file a bill to restrain enforcement of writ and payment of salaries: Newlin v. Harris, 209 Pa. 558, 1904; (b) a county cannot intervene in proceedings by city to compel county treasurer to pay its share of liquor license fees: Com. v. Martin, 170 Pa. 118, 1895; (c) a township is a party inter- ested in order directing supervisors to draw on treasurer for payment 139 SPECIAL JURISDICTION AND PARTIES. 77 (1) (c)-78 (l)-(2) (c) Mechanics' Liens [Chap. 5, of money: Marcy v. Springville Twp., 24 Pa. Super. 521, 1904. For other cases on parties to actions, see 43, notes (5), (6) and (7). (2) Time for Appeal. Time limit for appeal is six months by Act May 19, 1897. See 126, below. (3) Superior Court Jurisdiction. When there is no money value involved, appeal lies to the Supreme and not to the Superior Court; Com. v. O'Donnell, 7 Pa. Super. 49, 1898; Brower v. Kantner, 9 Pa, Super. 94, 1898; Neubert v. Water Co., 26 Pa. Super. 608, 1904. See Chapter VI, 102 et seq., for general review of law governing jurisdic- tion of Supreme and Superior Courts in appeals. (4) Original Jurisdiction. See 38 (A) . (5) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above. (6) Review on Appeal, (a) the appellate court will not consider defenses not set up below: Easton Boro. v. Water Co., 97 Pa. 554, 1881; (b) nor will it consider technical objections where facts stated in the return are admitted : German Reformed Church v. Com., 3 Pa. 282, 1846; (c) the return cannot be amended in the appellate court: Com. v. Phila., 180 Pa. 12, 1897; (d) mandamus issued to enforce a judgment will be reversed where judgment is reversed : Com. v. Masonic Home, 188 Pa. 21, 1898. 78. Mechanics' Liens. From any definite judgment, order or decree, entered by the court of common pleas under any of the provisions of this act [relating to me- chanics' liens], or from the refusal to open a judgment entered by default, an appeal may be taken by the party aggrieved to the Supreme Court or Superior Court as in other cases. Act June 4, 1901, 59, P. L. 431, 3 Purd. 2507, pi. 80. (1) Definite Judgments. "Definite" means "definitive" or final: Kurrie v. Cottingham, 209 Pa. 12, 1904. (2) When Appeal Lies Final Decree Necessary, (a) Appeal lies from order striking off claim : Carter v. Caldwell, 147 Pa. 370, 1892 ; (b) from order striking off sci. fa. issued before lien is stricken off: Orr v. Rogers, 29 Pa. Super. 175, 1905; (c) but not from refusal to strike off claim before judgment entered: Seabrook v. Swarthmore 140 STATUTORY PROCEEDINGS. 48-101] Municipal Liens 78 (2) (c)- 79 (1) College, 65 Pa. 74, 1870; Keemer v. Herr, 2 Penny. 175, 1882; Carter v. Caldwell, 147 Pa. 370, 1892 ; Breitweiser Co. v. Scott, 33 Pa. Super. 627, 1907; Miller v. Fitz, 41 Pa. Super. 582, 1910; (d) nor from dis- charge of rule to show cause why attorney should not enter appear- ance for lien claimant and mark lien discontinued and satisfied, where sub-contractor has agreed to file no liens and that any attorney may appear and strike them off: Kurrie v. Cottingham, 209 Pa. 12, 1904; (e) but refusal to strike off claim may be reviewed on appeal from final judgment: Warren v. Johnston, 33 Pa. Super. 617, 1907; Miller v. Fitz, 41 Pa. Super. 582, 1910. (3) Judgments Entered by Default. Appeal from refusal to open judgments entered by default would seem to be already given by Act May 20, 1891, 1, P. L. 101, 2 Purd. 1438, pi. 14, (74, above). (4) New Methods Unconstitutional. Any new method for collec- tion of debt or enforcement of judgment, under Act of 1901, which gives personal action against owner or contractor, is unconstitutional : Vulcanite Portland Cement Co. v. Allison, 220 Pa. 382, 1908; Vulcan- ite Paving Co. v. Transit Co., 220 Pa. 603, 1908; Taylor Lumber Co. v. Carnegie Institute, 225 Pa. 486, 1909; Sterling Bronze Co. v. Imp. Asso., 226 Pa. 475, 1910. 79. Municipal Liens. From any definitive judg- ment, order or decree, entered by the court of common pleas under any of the provisions of this act [relating to municipal liens], or from the refusal to open a judgment entered by default, an appeal may be taken by the party aggrieved to the Supreme or Superior Court, as in other cases. Act June 4, 1901, 40, P. L. 364, 3 Purd. 2646, pi. 48. Nothing in this act [relating to collection of liens in boroughs] shall be taken to restrict the right of either plaintiff or defendant, in proceedings under it, to appeal as in other cases. Act April 15, 1907, 7, P. L. 83. (1) When Appeal Lies Final Decree Necessary. No appeal lies from an order permitting an amendment or from refusal to strike off municipal lien: Phila. v. Christman, 6 Pa. Super. 29, 1897; (b) or from dismissal of motion for judgment on the whole record : Phila. v. Pemberton, 206 Pa. 73, 1903. 141 SPECIAL JURISDICTION AND PARTIES. 79 (2) -80 Municipalities Streets, Bridges, etc. [Chap. 5, (2) Judgments Entered by Default. Appeal from refusal to open judgment entered by default would seem to be already given by Act May 20, 1891, 1, P. L. 101, 2 Purd. 1438, pi. 14, (74, above). (3) Claims Accruing and Proceedings Begun Prior to Act. This act is not retroactive and proceedings begun before it was in force must be carried out under prior acts: Tarentum Boro. v. Moorhead, 26 Pa. Super. 273, 1904; Scranton v. Stokes, 28 Pa. Super. 437, 1905. Therefore all claims accruing prior to passage of Act of 1901, above, are subject to Act May 16, 1891, 7, P. L. 70, 3 Purd. 2673, pi. 83, which provides that any party aggrieved by any final decree on any such lien (for damages for municipal improvements) may have an appeal to the Supreme Court as in other cases, the same to be sued out within one year from entry of such judgment and not otherwise. For time-limit for appeals under present acts, see Chapter VII, 126 et seq., below. 80. Municipalities (A) Benefits and Damages Streets, Bridges, Sewers. Within thirty days after the confirmation, modification, changing or correcting of any report [of viewers in proceedings to assess benefits and damages for taking, using, keeping or injuring private lands, property or material by municipal corporations in the laying out, opening, widening, straightening, extending or grading, or changing grade or lines of streets, paving, macadamizing, or otherwise improving of streets, lanes or alleys, the construction of bridges and the piers and abut- ments therefor, the construction of slopes, embankments and sewers, the changing of water-courses or vacation of streets or alleys] any interested party may appeal from the said decree to the Superior Court or to the Supreme Court as the case may be After verdict and final judgment [on the trial of an appeal to the court of com- mon pleas from the report of viewers] either party may have an appeal to the Superior Court or Supreme Court as in other cases. Act April 2., 1903, 6, P. L. 124, 3 Purd. 2 739, pl- 90; 2740-1, pi. 91. 142 STATUTORY PROCEEDINGS. 48-101] Municipalities Bridges 80 From any definitive judgment, order or decree entered by the court of common pleas under any of the provisions of this act, [providing for liens for taxes and municipal im- provements and regulating proceedings to enforce such liens] or from the refusal to open a judgment entered by default, an appeal may be taken by the party aggrieved to the Supreme or Superior Court, as in other cases. Act June 4, 1901, 40, P. L. 364, 3 Purd. 2646, pi. 48. Either party may appeal from the decision of the court of quarter sessions [on report of viewers assessing dam- ages and expenses for making connection to sewer of ad- joining municipality, by township of the first class] to the Superior Court. Act July 17, 1901, 2, P. L. 668, i Purd. 853, pi. 119. (B) Damages for Taking of Bridges Connecting Parts of Municipalities. Any party so interested may, within thirty days after final decree, [in proceedings in the court of common pleas to assess damages for taking of bridges crossing rivers or streams intersecting cities or any parts thereof, together with the approaches and ap- purtenances thereto, with provisions for jury trial and ex- ceptions to viewers' report] have an appeal to the Supreme (or Superior) Court. If no exceptions are filed or no de- mand made for trial by jury within said thirty days after the filing of said report, the same shall become absolute. Act May 26, 1893, 4, P. L. 154, 3 Purd. 2763, pi. 193. (C) Damages for Property Injured by Construction and Maintenance of Bridges. Any party interested therein [in proceedings in the court of common pleas to assess damages for private property entered upon, taken, used or appropriated for constructing and maintaining piers, abutments, fills, slopes and approaches necessary in the erection, construction and maintenance of bridges con- 143 SPECIAL JURISDICTION AND PARTIES. 80 Municipalities Parks Water-Courses [Chap. 5, structed by cities within their limits over any stream or river which shall separate any parts thereof, where a jury trial may be demanded by the owner] may, within thirty days after final decree, have an appeal to the Supreme (or Superior) Court. Act May 26, 1893, 4, P. L. 139, 3 Purd. 2764, pi. 200. (D) Damages for Public Parks. Any party interested therein [in proceedings in the court of common pleas to assess damages for private property taken for public parks where a jury trial may be demanded by the owner] may, within thirty days after final decree, have an appeal to the Supreme (or Superior) Court. If no exceptions are filed, or no demands made for trial by jury within the said thirty days after the filing of said report, the same shall become absolute. Act June 8, 1895, 4, P. L. 188, 3 Purd. 3400. pi. 38. (E) Damages for Public Grounds and Buildings. Upon the entry of final judgment on any issue had upon such appeal [to the court of common pleas, from the report of viewers, in proceedings to assess damages for private property taken by a city for erecting or constructing neces- sary municipal buildings, fire engine houses, gas and elec- tric light works, hospitals, water-works, or poor farms] either party shall have the right to an appeal to the Su- perior or Supreme Court, as in other cases. Act March 26, 1903, 5, P. L. 63, 3 Purd. 2718, pi. 46. (F) Benefits and Damages Water-Courses. Any party interested in any assessment of damages or benefits [in proceedings in the court of common pleas to assess damages or benefits for entering upon and taking private property and materials in vacating, changing, altering or relocating the course or channel of any creek, run or na- tural waterway, other than navigable streams within the 144 STATUTORY PROCEEDINGS. 48-101] Municipalities License Fees Cities of 1st and 2nd Class 80 limits of any borough or city, where a jury trial may be de- manded by the owner] may, within thirty days after final decree, have an appeal to the Supreme or Superior Court. Act April 28, 1899, 7, P. L. 74, 3 Purd. 2768, pi. 220. - (G) License Fees for Telegraph, Telephone, Light or Power Companies Reasonableness. Either party shall have the right of appeal from the order of the court [of common pleas in proceedings to determine reasonableness of amount of license fees charged telegraph, telephone, light or power companies by municipalities] to the Su- preme or Superior Court, as in other cases. Act April 17, 1905, 4, P. L. 183, 5 Purd. 5717, pi. 127. (H) Cities of First Class Benefits and Damages- Improving Plotted Streets. The damages so assessed [by viewers appointed to assess damages and benefits in the court of quarter sessions for opening and widening plot- ted streets] shall be subject to appeal, review or modifica- tion, as may be provided by existing laws. Act May 6, 1887, i, P. L. 87, 3 Purd. 2950-1, pi. 858. (I) Cities of First Class Damages for School Pur- poses. Either party shall have the right of appeal [from judgment of the court of common pleas confirming the report of the jury to assess damages for taking private property for school purposes by cities of the first class]. Act April 25, 1889, i, P. L. 50, 3 Purd. 2905, pi. 712. (J) Cities of Second Class Regulations of Councils as to Use of Streets. Upon any dispute arising touching the validity or meaning of such regulations [of councils of cities of the second class authorizing the use of streets by persons or corporations] any party affected shall have a right to invoke the jurisdiction of the court of common pleas by bill or petition, from whose decree either party 145 10 SPECIAL JURISDICTION AND PARTIES. 80 Municipalities Cities of Third Class [Chap. 5, shall have a right to appeal to the Supreme Court. Act May 1 6, 1889, 5, P. L. 228, 3 Purd. 3091, pi. 590. (K) Cities of Third Class Benefits and Damages for Streets, S'ewers, Water-courses and Public Works. After final judgment [on the trial by a jury on appeal from as- sessment of benefits or damages for private property taken for laying out, opening, widening, extending or grading streets, lanes or alleys, erecting or constructing water, gas or electric light works, slopes, embankments or sewers, or changing water courses in cities of third class] either party may have a writ of error therefrom to the Supreme (or Superior) Court in the manner prescribed in other cases. Act May 23, 1889, art. 14, 6, P. L. 277, 3 Purd. 3i86-7,.pl. 3I3- (L) Cities of Third Class Benefits and Damages for Enclosing Waterways. Any party interested in any assess- ment of damages or benefits [to private property for con- fining and paving, or completely enclosing any creek, run or natural waterway other than a navigable stream by cities of the third class] may, within thirty days after the final decree, have an appeal to the higher courts. Act Tune i, 1907, 6, P. L. 378, 5 Purd. 5789, pi. 50. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. (2) Superior Court Jurisdiction. For jurisdiction of Superior Court, see Chapter VI, 108 et seq., below. (3) Time for Appeal, (a) Permission to appeal within thirty days given by the Act of 1903 ( (A), above) does not take away the right to appeal within six months given by the Act of May 18, 1897, 4 P. L. 68, 2 Purd. 1433, pi. 3: Scranton Sewer, 213 Pa. 4, 1905; (b) where certain laws authorizing municipal improvements are void, appeals may be taken within one year from final judgment after trial in com- mon pleas by any party interested in any assessment of benefit or damages for grading, paving, macadamizing or otherwise improving any street, lane or alley, or constructing any sewer, in which work or 146 STATUTORY PROCEEDINGS. 48-101] Municipalities 80 labor has been done, or material furnished, or private property has been taken, injured or destroyed: Acts May 15, 1891, 1, cl. 13, P. L. 71, 3 Purd. 2760, pi. 171; June 4, 1897,1, cl. 13, P. L. 116, 3 Purd. 2762, pi. 187; (c) or for opening, widening, extending, straightening, grading, paving, curbing, macadamizing or otherwise improving any street, lane or alley: Act April 18, 1899, 1, cl. 13, P. L. 60, 3 Purd. 2756, pi. 155; (d) or in addition to said street improvements, con- structing any sewer or drain in cities of the third class: Act March 14, 1907, 1, cl. 13, P. L. 15, 5 Purd. 5712, pi. 111. (4) Street Improvements in Cities of Second Class Void Acts. Those sections of the Act of 1889 ( (J), above) providing for creation of board of viewers to assess damages and benefits for improving streets and constructing sewers in cities of second class, are unconsti- tutional and void: Wyoming Street, 137 Pa. 494, 1891; Pittsburgh Petition, 138 Pa. 401, 1891. These decisions do not seem to affect the provision of the section given above. (5) Review Under Acts of 1889. A statutory provision for review expressed in terms substantially similar to those of Act April 23, 1889 ( (I), above) was held to apply to appellate courts and not to common pleas. See 56, note (3), above. The Act of May 23, 1889, (K), above, was repealed by Act of June 4, 1901, 79, (A), above, in so far as it related to the extent of municipal liens and the practice and procedure in relation thereto. (6) Review Under Act of 1905. Appeal given by the Act of 1905, ( (G), above) is not merely a substitute for certiorari but brings up entire record: Delaware & Atl. Tel. Co.'s License Fees, 37 Pa. Super. 151, 1908. (7) Parties to Appeal Under Act of 1903 Constitutional Laws. (a) When benefits are assessed exclusively to pay costs of sewer and there is nothing to show that property was taken or injured, prop- erty owner cannot appeal from the report and demand a jury trial: Seventh Street Sewer, 35 Pa. Super. 484, 1908 ; Harrisburg v. Forster, 39 Pa. Super. 238, 1909; (b) his remedy in such case is to file ex- ceptions and appeal from judgment of common pleas on such excep- tions: Seventh Street Sewer, supra; Harrisburg v. Forster, supra; Fraser v. Pittsburg 41 Pa. Super. 103, 1909; (c) provision in the Act of 1903 to the effect that the report of viewers, when confirmed by court, shall be final and conclusive as to assessments made to pay costs of improvements, does not deprive a property owner of right to 147 SPECIAL JURISDICTION AND PARTIES. 81, 82 Natural Gas Companies Non-Suit [Chap. 5, appeal within meaning of Art. 16, 8, of the Constitution of Pennsyl- vania: Brackney v. Graf ton Boro., 31 Pa. Super. 413, 1906. (8) Toll Bridge Condemnation. For appeals from proceedings for condemnation of toll bridges, see 96, below. (9) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above. 8 1. Natural Gas Companies. (A) Land Damages for Easement. Either party may appeal from the report of the viewers [to assess land damages for easements for pipe lines] within twenty days after the filing thereof to the court of common pleas, and have a jury trial as in ordi- nary cases, and writ of error to the Supreme (or Superior) Court. Act May n, 1897, i, P. L. 50, 3 Purd. 3225, pi. 18. (B) Pipes, Character of and Manner of Laying. Either party shall have a right of appeal therefrom [from the de- cree of the court of common pleas in proceedings to de- termine the manner of laying pipes and the character of said pipes], as in cases of equity, to the Supreme Court. Act May 29, 1885, 12, P. L. 29, 3 Purd. 3225, pi. 20. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. (2) Superior Court Jurisdiction. For jurisdiction of Superior Court, see Chapter VI, 108 et seq., below. (3) Time for Appeal. Act May 19, 1897 (126, below) gives right to appeal within six months. 82. Non-suit Refusal to Set Aside. In case the said court [of common pleas] in bane shall refuse to set aside the non-suit [granted where the defendant has offered no evidence], the plaintiff may remove the record, by writ of error, into the Supreme (or Superior) Court for revision and review, in like manner and with like effect as he might remove a judgment rendered against him upon a demurrer 148 STATUTORY PROCEEDINGS. 48-101] Non-Suit Refusal to Set Aside 82(1) (2) to evidence. Act March 1 1, 1875, i, P. L. 6, 3 Purd. 3320-1. (1) What is Reviewable. (a) Entry of or refusal to enter com- pulsory non-suit is not reviewable: Girard v. Gettig, 2 Bin. 234, 1810; Bavington v. R. R., 34 Pa. 358, 1859; Pownall v. Steele, 52 Pa. 446, 1866; U. S. Telegraph Co. v. Wenger, 55 Pa. 262, 1867; Mobley v. Bruner, 59 Pa. 481, 1869; Lehman v. Kellerman, 65 Pa. 489, 1870; Bal- lentine v. White, 77 Pa. 20, 1874; Easton Boro. v. Neff, 102 Pa. 474, 1883 ; Schubkagel v. Dierstein, 131 Pa. 46, 1890 ; Kelly v. Bennett, 132 Pa. 218, 1890 ; Lowrey v. Robinson, 141 Pa. 189, 1891 ; Wray v. Spence, 145 Pa. 399, 1891; Scranton v. Barnes, 147 Pa. 461, 1892; Scanlon v. Suter, 158 Pa. 275, 1893; Medary v. Gathers, 161 Pa. 87, 1894; Craw- ford v. McKinney, 165 Pa. 605, 1895; Beard v. Ry., 3 Pa. Super. 171, 1896; Wallace v. Jameson, 179 Pa. 98, 1897; Davis v. Ins. Co., 5 Pa. Su- per. 506, 1897; Rockwell v. Eldred Boro., 7 Pa. Super. 95, 1898; Morgan v. Duquesne Boro., 29 Pa. Super. 100, 1905; such action being within discretion of lower court: see 228, note (24 (12); (b) appeal lies only to refusal to take off compulsory non-suit and writ is premature unless motion to take off non-suit has been refused: Haverly v. Mer- cur, 78 Pa. 257, 1875 ; Adams v. Adams, 1 W. N. C. 279, 1875 ; Scanlon v. Suter, 158 Pa. 275, 1893; Reed v. Casualty Co., 189 Pa. 596, 1899; Com. v. Everts, 19 Pa. Super. 419, 1902; Hallock v. Lebanon, 215 Pa. 1, 1906; Lee Co. v. Sherman, 43 Pa. Super. 557, 1910; (c) except where non-suit is entered for insufficiency of answer to rule for more specific statement, in which case appeal may be taken without prior motion to take off non-suit : Murdock v. Martin, 132 Pa. 86, 1890. (2) Exceptions Necessary, (a) Exception must be properly taken : Bondz v. Penna. Co., 138 Pa. 153, 1890; Anderson v. Oliver, 138 Pa. 156, 1890 ; Miller v. Balfour, 138 Pa. 183, 1890 ; Finch v. Conrade, 154 Pa. 326, 1893; Scanlon v. Suter, 158 Pa. 275, 1893; Albright v. Coal Co., 203 Pa. 65, 1902; (b) the exception need not be taken at the time of the refusal, but may be filed after the record is made up in the common pleas: Yerkes v. Richards, 153 Pa. 646, 1893; (c) and it seems excep- tion could be taken any time before, or even after, appeal, and within six months : Eisenberg v. Fraim, 15 Pa. Dist. 445, 1906. Act May 11, 1911, P. L. 279, 155, 162, above, seems to supersede these cases. (3) Judgment Effect of Non-Suit. Non-suit under the Act of 1875 is, in effect, a demurrer to evidence, except that judgment can- not be given for defendant, and appellate court, in case of reversal, 149 SPECIAL JURISDICTION AND PARTIES. 82 (3) -83, 84 Orphans' Court Sales Partition [Chap. 5, will award a procedendo: Smyth v. Craig, 3 W. & S. 14, 1841; Bevan v. Ins. Co., 9 W. & S. 187, 1844; Miller v. Bealer, 100 Pa. 583, 1882; Hill v. Trust Co., 108 Pa. 1, 1885; Jacques v. Fourthman, 137 Pa. 428, 1890; Lerch v. Bard, 153 Pa. 573, 1893; Finch v. Conrade, 154 Pa. 326, 1893; Bastian v. Phila., 180 Pa. 227, 1897; Kaufman v. Abeles, 11 Pa. Super. 616, 1899. (4) Time for Appeal. By Act May 19, 1897, appeal must be taken within six months. See 126, below. An appeal is too late after eight months : Farrel v. Ky., 27 Pa. Super. 127, 1905. (5) Superior Court Jurisdiction. For jurisdiction of Superior Court, see Chapter VI, 108 et seq., below. 83. Orphans' Court Sales Refusal of Feigned Issue. For right of appeal from refusal of issue on distribution of proceeds of orphans' court sales, see 66 (C). 84. Partition (A) Judgment Quod Partitio Fiat. Writs of error may be sued out, upon the judgment quod partitio fiat, in all actions of partition now pending in the courts of common pleas, or that may hereafter be brought; and the Supreme (or Superior) Court shall hear and determine the same as if the said writ or writs of error were issued on the final judgments in said proceedings. Act April 5, 1842, 15, P. L. 230, 2 Purd. 1434, pi. 5. (B) Mineral Lands Luzerne County. Writs of error and appeals to the Supreme (or Superior) Court from the judgment or decree of the court of common pleas or the orphans' court [in partition of mineral lands in Lu- zerne county] shall be allowed as in other cases. Act Feb. 26, 1870, i, P. L. 256, 3 Purd. 3449-50, pl- 102. (1) Judgment Confessed. Where judgment quod partitio fiat is entered by confession, writ will not lie until after final judgment; Hawk v. Jones, 24 Pa. 127, 1854. (2) Superior Court Jurisdiction. For jurisdiction of Superior Court, see Chapter VI, 108 et seq., below. ISO STATUTORY PROCEEDINGS. 48-101] Paupers 85,(1) (a)-(e) 85. Paupers Issue on Appeal from Order of Remov- al. Upon the hearing and argument of all appeals before any court of quarter sessions from the order of removal of paupers from one district to another, it shall be lawful for either of the parties to the issue to except to any de- cision of the court upon any point of evidence or of law, which exception shall be noted by the court and filed of record as in civil cases, and a writ of error to the [Su- preme] (Superior) Court may be taken by either party to the judgment of the court with like effect as in civil cases. Act March 16, 1868, i, P. L. 46, 2 Purd. 1435, pi. 9. (1) Scope of Review Under Act. (a) The Act of 1868 does not contemplate review on merits, but appellate court will review only matters of evidence and law which have been specifically excepted to and made part of record: Lower Augusta Twp. v. Selinsgrove, 64 Pa. 166, 1870; Moreland Twp. v. Davidson Twp., 71 Pa. 371, 1872; Wayne" Twp. v. Jersey Shore, 81% Pa. 264, 1875; Laport Boro. Over- seers v. Overseers, 95 Pa. 269, 1880; Parker Township Over- seers v. Overseers, 13 W. N. C. 141, 1882; Warsaw Township Poor District v. Poor District, 107 Pa. 301, 1884; Elk Township Overseers v. Overseers, 18 W. N. C. 438, 1886; S. C. 4 Sad. 49; Montoursville Boro. Overseers v. Overseers, 112 Pa. 99, 1886; Kittanning Twp. v. Madison Twp., 146 Pa. 108, 1892; Christy's Lunacy, 2 Pa. Super. 259, 1896; Elderton Boro. Overseers v. Over- seers, 2 Pa. Super 197, 1896; Liberty Twp. Overseers v. Overseers, 4 Pa. Super. 411, 1897; Galeton Poor Dist. v. Poor Dist., 18 Pa. Super. 428, 1901 ; (b) nor does it apply to decrees for payment of money ex- pended in maintenance and support of paupers removed : Perry County Directors v: Overseers, 110 Pa. 153, 1885; James's Case, 116 Pa. 152, 1887; Green Twp. Poor Dist. v. Poor Dist., 5 Pa. Super. 516, 1897; Luzerne County Poor Dist. v. Directors, 22 Pa. Super. 274, 1903; (c) the writ does not bring up affidavit on rule to quash : Sugar Creek Overseers v. Overseers, 62 Pa. 479, 1869 ; (d) certiorari will not lie in cases where act allows writ of error: Lewisburg Boro. Overseers v. Overseers, 1 W. N. C. 209, 1884; (e) unless, perhaps, to raise ques- tion of jurisdiction: Renovo Overseer v. Overseers, 78 Pa. 301, 1875; SPECIAL JURISDICTION AND PARTIES. 85(1) (f)-(4) Paupers [Chap. 5, (f) appellate court will not reverse on grounds which could have been set up in lower court : Susquehanna Twp. Overseers v. Overseers, 4 Pa. Super. 589, 1897. (2) Exceptions, (a) Appeal cannot be maintained without ex- ceptions appearing on record : Lewisburg Boro. Overseers v. Overseers, 1 W. N. C. 209, 1874; Parker Twp. Overseers v. Overseers, 13 W. N. C. 141, 1882 ; Berks County Poor Directors v. Directors, 21 Pa. Super. 627, 1902; (b) they should be presented within reasonable time and before appeal taken: Mifflin Twp. Poor Dist. v. Poor Dist., 37 Pa. Super. 611, 1908; (c) and it seems exceptions filed two months after decree are too late: Parker Twp. Overseers v. Overseers, 13 W. N. C. 141, 1882; (d) exceptions must be taken to specific points of evidence or of law; a general exception to opinion or decree of lower court is not sufficient: Lower Augusta Twp. v. Selinsgrove, 64 Pa. 166, 1870; Chapman Twp. Overseers' Ap., 40 Leg. Int. 350, 1883; West Perry Twp. Overseers v. Overseers, 2 Walk. 262, 1889; Elk Twp. Overseers v. Overseers, 18 W. N. C. 438, 1886; S. C. 4 Sad. 49; Cambria County v. Madison Twp., 138 Pa. 109, 1890 ; Liberty Twp. Overseers v. Over- seers, 4 Pa. Super. 411, 1897; Fermanagh Twp. Overseers v. Over- seers, 4 Pa. Super. 573, 1897; Edenburg Boro. Poor Dist. v. Poor Dist., 5 Pa. Super. 516, 1897; East Franklin Twp. Overseers v. Over- seers, 23 Pa. Super. 522, 1903; Shrewsbury Twp. Poor Dist. v. Poor Dist., 33 Pa. Super. 378, 1907; Mifflin Twp. Poor Dist. v. Poor Dist., 37 Pa. Super. 611, 1908; (e) when exceptions do not relate to points of evidence and facts as found render points of law inapplicable, there is nothing for appellate court to review: Kittanning Twp. v. Madison Twp., 146 Pa. 108, 1892; (f) a point of evidence may include competency of witness offered, or whether evidence offered is compe- tent or relevant: Lower Augusta Twp. v. Selinsgrove, 64 Pa. 166, 1870; Spring Twp. Overseers v. Overseers, 1 Pa. Super. 383, 1896; Perry Twp. Overseers v. Overseers, 8 Pa. Super. 640, 1898; (g) a point of law is question of law applicable to facts as they may be found by court, which party may propose in shape of written point and require answer: Lower Augusta Twp. v. Selinsgrove, 64 Pa. 166, 1870; Spring Twp. Overseers v. Overseers, 1 Pa. Super. 383, 1896. (3) Time for Appeal. By Act May 19, 1897, time for appeal is limited to six months. See 126, below. (4) Superior Court. For jurisdiction of Superior Court in appeals from quarter sessions, see 108, below. 152 STATUTORY PROCEEDINGS. 48-101] Pipe Lines Plank Roads Points Reserved 86-88 86. Pipe Line Companies (A) Land Damages. After final judgment [in appeals from reports of viewers assess- ing damages for land taken or right of way acquired by pipe-line companies], either party may have a writ of error thereto from the Supreme (or Superior) Court, in the man- ner prescribed in other cases. Act June 2, 1883, 3, P. L. 61, 3 Purd. 3535-6-7, pi. 5- (B) Forfeiture and Escheat by Quo Warranto. From which decree [or forfeiture and escheat of the franchise, property, stocks or bonds of a pipe-line company for ac- quiring control of a competing line in proceedings by quo warranto] any party interested may appeal to the Supreme Court at any time within six months after such decree, and riot afterwards. Act June 13, 1883, 3, P. L. 93. 87. Plank Roads Equity Proceedings. Either party to such proceedings in equity [under the general plank road laws] may take a writ of error or appeal to the Su- preme (or Superior) Court, in any district in which the same shall then be sitting. Act April 14, 1863, i, P. L. 374, 2 Purd. 1421, pi. 40. (1) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A) above. (2) Superior Court Jurisdiction. For jurisdiction of Superior Court, see Chapter VI, 108 et seq., below. 88. Points Reserved (A) Philadelphia .District Court. It shall be lawful for any one of the said judges [of the district court for the city and county of Philadel- phia], when he thinks it expedient, to reserve questions of law, which may arise on the trial of a cause, for the con- sideration and judgment of all the judges of said court 153 SPECIAL JURISDICTION AND PARTIES. 88 Points Reserved [Chap. 5, sitting together : Provided, That either party shall have the right to a bill of exceptions to the opinion of the court, as if the point had been ruled and decided on the trial of the cause. Act March 28, 1835, 5, P. L. 88, 3 Purd. 3654-7, P- 39- (B) Common Pleas Generally. The same powers which now exist in the district court of the city of Phila- delphia, so far as the same regards .... entering judgments on reserved points, be and the same are hereby extended to the courts of common pleas of the several counties of this commonwealth, subject, however, to the same rules and regulations in regard to writs of error from the Supreme (or Superior) Court. Act April 22, 1863, i, F. L. 554, 3 Purd. 3658, pi. 41. (C) Judgment Non Obstante Veredicto. From which judgment thus entered [on motion for judgment non ob- stante veredicto on the whole record on trial of issue where a point requesting binding instructions has been reserved or declined] either party may appeal to the Supreme or Superior Court as in other cases, which shall review the action of the court below, and enter such judgment as shall be warranted by the evidence taken in that court. Act April 22, 1905, i, P. L. 286, 5 Purd. 5848, pi. 7. (D) Judgment on Whole Record where Jury have Disagreed. From the judgment thus entered [on motion for judgment on the whole record on trial of issue where point requesting binding instructions has been reserved or declined and the jury have disagreed] the party against whom it is entered may appeal to the Supreme or Superior Court, as in other cases, which shall review the action of the court below and enter such judgment, if any, as should have been entered by the court below upon that evidence. Act April 20, 1911, i, P. L. 70. 154 STATUTORY PROCEEDINGS. 48-101] Points Reserved 88(l)-(4) (1) Exceptions Necessary, (a) Judgment on reserved points will not be reviewed unless exceptions are taken: Miller v. Hershey, 59 Pa. 64, 1868; Northumberland County Bank v. Eyer, 60 Pa. 436, 1869; Penna. Ins. Co. v. Ins. Co., 71 Pa. 31, 1872; Smith v. Van Home, 72 Pa. 207, 1872; Merkel v. County, 81% Pa. 505, 1875; Yard v. Pan- coast, 108 Pa. 384, 1885; Bow v. Higgins, 112 Pa. 1, 1886; Central Bank v. Earley, 113 Pa. 477, 1886; Brown v. Pittsburg, 1 Mona. 8, 1888; Blake v. Metzgar, 150 Pa. 291, 1892; Boyle v. Mahanoy City, 187 Pa. 1, 1898; Keefer v. Pacific Ins. Co., 201 Pa. 448, 1902; Evesson v. Ziegfeld, 22 Pa. Super. 79, 1903; Phila. v. Bilyeu, 36 Pa. Super. 562, 1908; International Trust Co. v. Printz, 37 Pa. Super. 134, 1908; Schmidt Brew. Co. v. Transit Co. 42 Pa. Super. 168, 1910 ; Rothacker v. Phila., 42 Pa. Super. 408, 1910 ; Hunter v. R. R., 45 Pa. Super. 468, 1911 ; (b) and a point requesting binding instructions must have been submitted to warrant a request for judgment n. o. v. under Act of 1905: Phila. v. Bilyeu, 36 Pa. Super. 562, 1908; Haley v. Chemical Co., 224 Pa. 316, 1909; (c) but court will not reverse because record does not show such request was made, when both parties admit it was done and it appeared lower court stated counsel had agreed question should be disposed of by motion for judgment n. o. v. : Long v. McHenry, 45 Pa. Super. 530, 1911. (2) Pendency of Motion for New Trial. Appellate court will not enter judgment on reserved point when motion for new trial is pending and undetermined in court below: Leach v. Ansbacher, 28 Leg. Int. 277, 1871; Freiler v. Kear, 126 Pa. 470, 1889. (3) Power of Appellate Court to Enter Judgment, (a) The Act of 1905, is not intended to disturb distinction between province of the court and jury, and no judgment can be entered except where binding instructions would have been proper at the close of the trial: Dalmas v. Kemble, 215 Pa. 410, 1906; Bond v. R. R., 218 Pa. 34, 1907; Shannon v. McHenry, 219 Pa. 267, 1908; Tilburg v. Ry., 221 Pa. 245, 1908; Hardoncourt v. Iron Co., 225 Pa. 379, 1909; (b) where court is of opinion that verdict is clearly against weight of evidence, proper remedy is a new trial and not judgment n. o. v. : Bond v. R. R., 218 Pa. 34, 1907. (4) Remitting Record to Court Below. Where appellate court reverses judgment n. o. v., entered under the Act of 1905, judgment >.^^ will not be given for appellant, but the record will be remitted to the court below with directions to enter such judgment as law and right 155 SPECIAL JURISDICTION AND PARTIES. 89, 90 Quo Warranto Railroads Land Damages [Chap. 5, require, in order that appellee may not lose opportunity to appeal: Hughes v. Miller, 192 Pa. 365, 1899; Hawn v. Stoler, 22 Pa. Super. 307, 1903; McGeehan v. Hughes, 217 Pa. 121, 1907; Hardoncourt v. Iron Co., 225 Pa. 379, 1909. 89. Quo Warranto. It shall be lawful for any person aggrieved by the judgment of any court of common pleas upon any writ of quo warranto as aforesaid [issued by a court of common pleas under the concurrent jurisdiction hereby given] to remove the same by writ of error into the Supreme (or Superior) Court for the proper district. Act June 14, 1836, 15, P. L. 621, 3 Purd. 3747, pi. 15. (1) Parties to Appeal. The minority party in a beneficial society, against which judgment of ouster is entered and acquiesced in by the majority, has no standing to appeal: Com. v. Order of Solon, 166 Pa. 33, 1895. (2) When Appeal Lies, (a) Appeal lies from order discharging rule to open judgment of ouster : Com. v. 'Donnel, 188 Pa. 23, 1898 ; (b) but appeal will not lie to refusal to grant writ unless abuse of discretion by lower court is shown: Com. v. McCarter, 98 Pa. 607, 1881; Com. v. Davis, 109 Pa. 128, 1885; (c) nor to order continuing trial until substituted defendants have been given notice to appear, such an order being interlocutory only: Com. v. Moore, 199 Pa. 160, 1901. (3) Jurisdiction Supreme Court. Where Supreme Court has jur- isdiction of appeal from original judgment in quo warranto, it has also from judgments in ancillary and supplemental proceedings, such as rule to open original judgment in mandamus proceeding: Com. v. 'Donnell, 7 Pa. Super. 49, 1898. (4) Proceedings Against Telegraph Companies. See 95, below. (5) Proceedings Against Pipe-Line Companies. See 86 (B), above. 90. Railroads Land Damages. After final judgment [in railroad land damage cases] either party may have a writ of error thereto from the Supreme (or Superior) 156 STATUTORY PROCEEDINGS. 48-101] Real Estate Price Act Quieting Title 91 Court in the manner prescribed in other cases. Act April 9, 1856, 3, P. L. 288, 4 Purd. 3850-1, pi. 105. (1) Tinal Judgment Necessary. Order approving the bond of a railroad company to secure payment of damages to property owner is interlocutory and not subject to appeal: Getz v. R. R., 1 Walk. 427, 1879; Slocum's Ap., 12 W. N. C. 84, 1882; Twelfth St. Market Co. v. R. R., 142 Pa. 580, 1891; (b) but the sustaining of exceptions to report of viewers is final where railroad has altered its route since report was filed : Beale v. R. R., 86 Pa. 509, 1878. (2) Appeal in Eminent Domain Cases. See Art. 16, 8, Const., and Act of 1874, 48 (A), above. 91. Real Estate (A) Price Act Proceedings. In all cases and proceedings under this act [the Price Act] appeals may be taken to the Supreme (or Superior) Court from the orphans' court as now provided by law in other cases, and in the court of common pleas, as provided in equity cases, in the respective counties of the state. Act April 18, 1853, 8, P. L. 503, 4 Purd. 4028, pi. 33. (B) Quieting Title Refusal of Rule or Issue Judg- ment. The decree of the court in refusing the rule or issue in any such case and the judgment in such issue [in pro- ceedings in the court of common pleas to quiet title in cases where right or title or right of possession of land in which corporation has acquired and abandoned easement, is disputed] shall be subject to appeal by either party to the Supreme (or Superior) Court, in like manner as appeals are allowed to judgments and decrees of the said court of common pleas. Act June 10, 1893, 2 > P- L. 415, 4 Purd. 817-8, pi. 1 60. (1) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. (2) Practice. If court of its own motion awards issue, and neither party objects, appellate court will not reverse judgment on verdict 157 SPECIAL JURISDICTION AND PARTIES. 92, 93 Recognizances, Forfeited Reference [Chap. 5, rendered at trial of such issue, on account of irregularity: Cambria Iron Co. v. Leidy, 226 Pa. 122, 1910. 92. Recognizances, Forfeited. The Supreme (or Su- perior) Court of this commonwealth may hear appeals from such orders or judgments of the courts of common pleas [ordering recognizances, forfeited in the court of quarter sessions, to be levied, moderated or remitted] on the said forfeited recognizances at the next ensuing term after such judgment given but not afterwards, and finally de- cide on the same. Act Dec. 9, 1783, 3, 2. Sm. L. 86, 2. Purd. 1675, PL 14- (1) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. (2) Mode of Review When Appeal Lies, (a) The proper mode of review of judgment of common pleas on forfeited recognizances is by writ of error; (b) appeal lies only to orders on applications to remit or moderate forfeiture : Com. v. Rhoads, 9 Pa. 488, 1848 ; (c) no appeal lies from order made by quarter sessions on application to re- mit a forfeiture. It lies only when proceedings are in common pleas : Bross v. Com., 71 Pa. 262, 1872; Com. v. Flomenhaft, 3 Pa. Super. 566, 1897; Com. v. Harvey, 36 Pa. Super. 235, 1908; (d) appeal from former court is, in effect, merely a certiorari: Com. v. Oblender, 135 Pa. 536, 1890; Com. v. Bird, 144 Pa. 194, 1891; Com. v. Flomenhaft, 3 Pa. Super. 566, 1897; Com. v. Harvey, 36 Pa. Super. 235, 1908. (3) Parties to Appeal. A prosecutor cannot appeal from an order remitting forfeited bail: Com. v. Shick, 61 Pa. 495, 1869; Com. v. Trust Co., 22 Pa. Super. 235, 1903. (4) Time for Appeal. The Act of May 19, 1897, gives an appeal from all judgments, orders or decrees, within six months of entry. See 126, below. 93. Reference Under Act of 1874. A writ of error or appeal from the final judgment of the court [of common pleas in proceedings before a referee under the Act of 158 STATUTORY PROCEEDINGS. 48-101] Tax Assessments Telegraph Companies 94, 95 May 14, 1874, P. L. 166, 4 Purd. 4068, pi. I,] may be taken by either party, in like manner as in other cases of a similar kind, provided exceptions were duly filed with the referee. Act May 4, 1889, i, P. L. 80, 4 Purd. 4070-1-2, pi. 4. (1) Exceptions Necessary. Appeal lies only to final judgment on exceptions duly filed : Kille v. Iron Works, 134 Pa. 225, 1890. (2) Scope of Act. The Act of 1889 affects merely the mode of pro- cedure and not rights of parties, and applies to cases pending before referee at time of passage of act: Kille v. Iron Works, 134 Pa. 225, 1890. 94. Tax Assessments. Any owner of real estate or taxable property in this commonwealth may appeal from the judgment, order or decree of any court of common pleas in any matter affecting the assessment of taxes upon his property, to the Supreme (or Superior) Court, in the same manner as appeals are taken in other cases to the said Supreme or Superior Court: Provided, however, That the said appeal shall not prevent the collection of taxes com- plained of; but in case the same shall be reduced, then the excess shall be returned to the person or persons who shall have paid the same. Act June 26, 1901, i, P. L. 601, 2. Purd. 1439, pi. 19. 95. Telegraph Companies Forfeiture and Escheat by Quo Warranto. From which decree [in proceedings in the court of common pleas by quo warranto for forfeiture and escheat of any telegraph line, franchises, property, stocks or bonds of a telegraph company for consolidating with or acquiring control of a competing line] any party interested may appeal to the Supreme (or Superior) Court at any time within six months after such decree, and not after- ward. Act June 5, 1883, 3, P. L. 84, 4 Purd. 4745, pi. 32. (1) Snpreme Court Jurisdiction. Under Act May 5, 1899, 104, 159 SPECIAL JURISDICTION AND PARTIES. 96, 97 Toll Bridges Townships Land Damages [Chap. 5, below, the Supreme Court has jurisdiction of appeals, regardless of the amount involved, whenever the case is brought, authorized or de- fended by the attorney general in his official capacity. When the attorney general does not appear in the case, the jurisdiction under the Act of 1883, above, would seem to depend upon the amount in controversy. 96. Toll Bridges Purchase or Condemnation (A) By Municipalities. Either party may, within thirty days, after final decree [in proceedings by municipalities to pur- chase or condemn public toll bridges crossing streams within their limits] have an appeal to the Superior or to the Supreme Court, according to law. Act March 24, 1909, 6, P. L. 67. Either party may, within thirty days after final decree, [in proceedings by municipalities to purchase or condemn public toll bridges crossing streams within their limits, and authorizing said municipalities to contract with coun- ty commissioners for part payment of cost thereof] have an appeal to the Superior or to the Supreme Court, accord- ing to law. Act March 24, 1909, 6, P. L. 69, 5 Purd. 5975, pi. 215. (B) By Counties. Either party may, within thirty days after final decree, [in proceedings by counties to pur- chase or condemn public toll bridges, crossing streams within their limits] have an appeal to the Superior or to the Supreme Court, according to law. Act March 24, 1909. 6, P. L. 73, 5 Purd. 5974, pi. 207. Bridges in Cities. For appeal from condemnation of bridges in cities, see 80 (B), above. 97. Townships First Class (A) Land Damages Highways. Within thirty days from the filing of any re- port in court [of quarter sessions in proceedings to lay out, widen, open and vacate streets and highways in town- 160 STATUTORY PROCEEDINGS. 48-101] Townships Land Damages 97 ships of the first class] any party whose property is taken or injured may appeal and demand a trial by jury, and any party interested in any assessment of damages or benefits may, within thirty days after a final decree, have an appeal to the Supreme (or Superior) Court. Act June 7, 1901, 5, P. L. 510, i Purd. 851, pi. 105. (B) Damages and Expenses Connecting with Sewer of any Adjoining Municipality. Either party may appeal from the decision of the court of quarter sessions [on re- port of viewers assessing damages and expenses for mak- ing connection to sewer of adjoining municipality by town- ship of the first class] to the Superior Court. Act July 17, 1901, 2, P. L. 668, i Purd. 853, pi. 119. (C) Land Damages Public Parks and Playgrounds. From such confirmation of the viewers' report, and from linal judgment on the verdict in cases of trial by jury [in proceedings by townships of the first class and boroughs to condemn realty for public parks and playgrounds] either party may have an appeal to the Superior Court or Su- preme Court, as in other cases. Act May 3, 1909, 10, P. L. 401, 5 Purd. 5821, pi. 20. (1) Time for Appeal. Permission given to appeal within thirty days does not take away the right given by Act May 18, 1897, (126, below) to appeal within six months : Scranton Sewer, 213 Pa. 4, 1905. (2) Appeal in Eminent Domain Cases. See Art 16, 8, Const., and Act of 1874, 48 (A), above. (3) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. (4) Jurisdiction of Appellate Courts Under Act of 1901. The provision that the Supreme Court shall have jurisdiction of appeals under the Act of June 7, 1901, (A), this section, above, without re- gard to the amount involved, would seem to violate Art. 5, 26 of the Constitution, 48 (E), above, requiring laws relative to courts to be general and of uniform operation ; but the right of appeal in eminent domain cases exists under Art. 16, 8 of the Constitution, and the 161 ii SPECIAL JURISDICTION AND PARTIES. 98 Trial by Court without Jury [Chap. 5, Act of June 13, 1874, 48 (A), above; and the jurisdiction of the Supreme or Superior Court would, it seems, attach according to the amount involved, notwithstanding the above statute. (5) Appeal from Auditors' Settlement. See 54 (B), above. 98. Trial by Court without Jury (A) Review of Judgment. The parties, by agreement filed, may in any civil case dispense with trial by jury, and submit the decis- ion of such case to the court having jurisdiction thereof, and such court shall hear and determine the same; and the judgment thereon shall be subject to writ of error as in other cases. Const., art. 5, 27, i Purd. 183, pi. 129. The judgment [in cases submitted by agreement to de- cision of court without jury] shall be subject to writ of error or of appeal, as in other cases at law or in equity, at the option of either party. Act April 22, 1874, i, P. L. 109, 3 Purd. 3658, pi. 42. (B) Review on Exceptions. If exceptions to the find- ings of fact or conclusions of law be filed within said thirty days, the court, or the judge thereof who tried the case in vacation, may, upon argument, order judgment to be en- tered according to the decision previously filed, or make such modifications thereof as in justice and right shall seem proper; subject always, nevertheless, to review by writ of error or appeal to the Supreme (or Superior) Court; such writ of error or appeal to be taken in the time and manner and with the effect prescribed by law. Act April 22, 1874, 2, P. L. 109, 3 Purd. 3658, pi. 43. (C) Hearing. Every such case taken to the Su- preme (or Superior) Court upon writ of error, shall be heard and determined therein as writs of error are therein heard and determined, and every such case taken to the Supreme (or Superior) Court by appeal shall be heard and 162 STATUTORY PROCEEDINGS. 48-101] Trustees 99 determined therein, as cases of appeal in equity proceed- ings. Act April 22, 1874, 3, P. L. 109, 3 Purd. 3659, pi. 44. (1) Exceptions Necessary, (a) Appeal taken without filing excep- tions is premature : Com. v. Mitchell, 80 Pa. 57, 1875 ; State M. F. Ins. Co. v. Keef er, 9 Pa. Super. 186, 1899 ; Fleer v. Reagan, 24 Pa. Super. 170, 1904; Miller v. County, 25 Pa. Super. 591, 1904; Wingert v. Teitrick, 31 Pa. Super. 187, 1906; McDermott v. Blank, 230 Pa. 392, 1911; (b) unless the lower court so words its order as to raise the presumption that final judgment is to be entered without right to further hearing on exceptions: Miller v. County, 25 Pa. Super. 591, 1904. (2) Exceptions Must be Filed within Thirty Days. Unless excep- tions have been filed within thirty days, no appeal will lie, and court has no power to enlarge time for filing. It makes no difference that other party filed exceptions within statutory time: Harris v. Mercur, 202 Pa. 313, 1902; Wingert v. Teitrick, 31 Pa. Super. 187, 1906. (3) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. 99. Trustees. Any person aggrieved by a definite [definitive] decree or judgment of any court of common pleas, in any case relating to assignees or trustees as afore- said [by assignment, conveyance or transfer, or by oper- ation or implication of law except those amenable to the orphans' court] may appeal from the same to the Supreme (or Superior) Court in the proper district. Act June 14, 1836, 36, P. L. 628, 4 Purd. 4884, pi. 39. If any person or persons shall be aggrieved by any defi- nite [definitive] sentence, decree or judgment of any [cir- cuit court, district court or] court of common pleas under the provisions of this act [to prevent the failure of trusts by appointment of new trustees when necessary, provide for the settlement of accounts of trustees, etc.], it shall be lawful for him or them to appeal from the same to the 163 SPECIAL JURISDICTION AND PARTIES. 100 Turnpikes [Chap. 5, Supreme (or Superior) Court. Act April 14, 1828, 5, P. L- 454, 4 Purd. 4917, pi. 96. (1) Parties. A trustee having no beneficial interest cannot appeal : Mellon 's Ap., 32 Pa. 121, 1858. (2) Exceptions Necessary. Appellant is confined to exceptions taken in court below : Dyott 's Est., 2 W. & S. 557, 1841. (3) Practice on Appeal. For practice as to bail, supersedeas and costs, see 48 (D), above. (4) Superior Court Jurisdiction. For jurisdiction of the Su- perior Court, see Chapter VI, 108 et seq., below. 100. Turnpikes (A) Opening Land Damages Writ of Error. After final judgment [on trial by jury in common pleas on appeal from report of viewers appointed to assess damages for property taken by turnpike compan- ies] either party may have a writ of error thereto from the Supreme (or Superior) Court, in the manner prescribed in other cases. Act April 29, 1874, 41, P. L. 105, 4 Purd. 4941, pi. 21. (B) Condemnation Roads Lying Wholly or hi Part Within County Certiorari. Any party aggrieved by the action of the court [of quarter sessions in confirming or dismissing report of viewers appointed to assess damages for condemnation of turnpike] may remove the proceed- ings to the [ Supreme] (Superior) Court by writ of cer- tiorari within twenty days after final confirmation or dis- approval. Act June 2, 1887, 6, P. L. 308, 4 Purd. 4954, Pi- 54- (C) Writ of Error. The said judgment [of com- mon pleas on verdict of jury in appeal from assessment of damages in proceedings to condemn turnpike] shall be re- viewable by the Supreme (or Superior) Court upon writ of error as in other cases. Act June 2. 1887, 8, P. L. 309, 4 Purd. 4956, pi. 56. 164 STATUTORY PROCEEDINGS. 48-101] Turnpikes 100 (D) Line Dividing Two Counties Certiorari. Any party aggrieved by the action of the said courts, or either of them [in proceedings to condemn turnpike located on line dividing two counties], may remove the proceedings to the proper appellate court by writ of certiorari within twenty days after final confirmation or disapproval. Act April 28, 1899, 6, P. L. 79, 4 Purd. 4958, pi. 64. (E) Appeal. The said judgment [of the court of common pleas on appeal from report of jury assessing dam- ages in proceedings to condemn turnpikes located on line dividing two counties] shall be reviewable by the proper appellate court, upon appeal, as in other cases. Act April 28, 1899, 8, P. L. 79, 4 Purd. 495$, pi. 67. (1) Time for Appeal. Since Act of May 9, 1889, (182, below) makes the word ' ' appeal ' ' include a writ of certiorari, and as the Act of May 19, 1897, (126, below) gives the right in all cases to appeal within six months, it seems that the mere permission given by this act to take a writ of certiorari within twenty days, does not take away the right to do so at any time within six months. See Scran- ton Sewer, 213 Pa. 4, 1895. (2) Review Under Act of 1887 Certiorari Appeal. (a) Under Act of 1887, certiorari does not lie to action of quarter sessions ap- pointing a master and jury of review. The writ lies only after final confirmation or disapproval : Frankf ord & Oxford Turnpike, 21 W. N. C. 346; S. C. 45 Leg. Int. 371, 1888; (b) appeal from order of quar- ter sessions dismissing exceptions to report of viewers is in fact a cer- tiorari, though called appeal by Act of 1889, (48 (C), above) and ap- pellate court will consider only the regularity of the record; review of question of damages must be obtained by proceeding in accord- ance with 8 of the act: Factoryville & Abington Turnpike, 19 Pa. Super. 613, 1901; Chambersburg & Bedford Turnpike, 20 Pa. Super. 173, 1902; Morrison's Cove Turnpike, 30 Pa. Super. 51, 1906. (3) Superior Court Jurisdiction. The Act of June 4, 1895, (108, below) gave the Superior Court jurisdiction of all appeals from the quarter sessions except cases involving the right to public office. 165 SPECIAL JURISDICTION AND PARTIES. 101 Weak-Minded Persons [Chap. 5, 48-101] 101. Weak-minded Persons Appointment of Guar- dian. Any person aggrieved by final decree of the court of common pleas [in proceedings for appointment of guardian for alleged weak-minded person] may, within one year from the time it is entered, appeal therefrom to the Supreme (or Superior) Court of the state, and such court may affirm, reverse or modify the decree of the lower court. Act June 25, 1895, 9, P. L. 301, 2 Purd. 2409, pi. 112. (1) Time for Appeal. By Act of May 19, 1897, (126, below) the time limit for appeal is six months. 166 APPEAL LIES TO WHAT COURT. Chap. 6] Synopsis of Chapter CHAPTER VI. TO WHAT COURT APPEAL LIES. 102. Supreme Court. From Quarter Sessions Cases Involving Right to Public Office. 103. From Over and Terminer Cases of Felonious Homicide. 104. From Common Pleas. (A) Subject Matter Exceeding $1500 Actions Brought or Defended by Attorney General. (B) Distribution Proceedings where Appeal from Final Decree Lies to Supreme Court. 105. From Orphans' Court. (A) Subject Matter Exceeding $1500 Actions Brought or Defended by Attorney General. (B) Distribution Proceedings where Appeal from Final Decree Lies to Supreme Court. 106. In Damage Cases Joint Actions by Husband and Wife Parent and Child. 107. In Disbarment Proceedings. 108. Superior Court. From Quarter Sessions Cases Involving Right to Public Office Excepted. 109. From Oyer and Terminer Cases of Felonious Homicide Excepted. 110. From Common Pleas Subject Matter not Exceeding $1500, Except in Proceedings Brought or Defended by Attorney General. 111. From Orphans' Court Subject Matter not Exceeding $1500, Except in Proceedings Brought or Defended by Attorney General. 112. Agreement, Jurisdiction by. 113. In Divorce Cases. 114. In Labor Claims Under Act of 1897. 115. Objection to Jurisdiction Waiver Cost of Certifying. 167 APPEAL LIES TO WHAT COURT. 102 Q. S. Cases Involving Right to Public Office [Chap. 6, 116. Jurisdiction only Where Expressly Given Exclusive in Such Cases. 117. Determination of Amount in Controversy. (A) Realty and Chattel Cases Determined by Certificate of Judge. (B) Certificate to be Filed in Certain Cases. (C) Production of Evidence to Aid in Making Up Certificate. (D) Other Cases Determined by Amount of Judgment, or by Record of Claim in Case of no Recovery. 118. Consolidation of Appeals in Certain Cases. (A) Similar Questions Involved. (B) Several Parties Uniting in Appeal. (C) Proceedings to Obtain Certificate as to Whether Appeal Affects Entire Report. (D) Certifying to Proper Court. 119. Stay of Proceedings in Superior Court Pending Decision of Same Questions in Supreme Court Certification to Supreme Court. 120. Appeal Erroneously Taken. (A) To Supreme Court. (B) To Superior Court. 121. Appeals from Decisions of Superior Court. 122. Appeal Waived by Agreement. 123. Proceedings in Supreme Court Entering Judgment Remit- ting Record. 124. Certification by Superior Court Judges. 125. Decisions of Supreme Court Binding on Superior Court. 102. Supreme Court From Quarter Sessions Cases Involving Right to Public Office. [The Superior Court has exclusive and final appellate jurisdiction of all proceedings of any kind in the quarter sessions or before any judge thereof which were formerly allowed to the Supreme Court by Acts of May 22, 1722, 9 and 13, i Sm. L. 138, 2, Purd. 1428, pi. i, 42 (B) and 43, above, substantially re-enacted by Act June 16, 1836, i, P. L. 784, 4 Purd. 4514, pi. 30, 42 (B), above,], except cases involving the right to a pub- 168 SUPREME COURT. 102-125] Felonious Homicide Cases 103 lie office, in which cases the remedy by appeal to the Su- preme Court shall not be affected by this act. Act June 24, l8 95> 7 (a), P. L. 212, 2 Purd. 1440, pi. 25, 4 Purd. 4501, pi. 19. (1) Supplementary Proceedings. Appeals in supplementary pro- ceedings should be taken to the Supreme Court when appeal from judgment in the original proceedings is pending in that court: Com. v. O'Donnell, 7 Pa. Super. 49, 1898. See also 104 (B), below. (2) Eight to Public Office, (a) Appeal does not lie to Supreme Court in proceedings for contempt of court for refusal to testify in a case in quarter sessions involving the right to public office: Com. v. Gibbons, 9 Pa. Super. 527, 1899; (b) nor in contested election case where sole question is liability for costs : Hayes 's Election, 214 Pa. 551, 1906; (c) appeal lies to Supreme Court where there is a question as to title to office, such as director of a corporation: Com. v. O'Don- nell, 7 Pa. Super. 49, 1898; (d) or right of a warden or matron of a county prison : Brower v. Kantner, 9 Pa. Super. 94, 1898. 103. From Oyer and Terminer Cases of Felon- ious Homicide. In all cases of felonious homicide, and in such other criminal cases as may be provided for by law, the accused, after conviction and sentence, may remove the in- dictment, record and all proceedings, to the Supreme Court for review. Const., art. 5, 24, i Purd. 182, pi. 126. [The Superior Court has exclusive and final appellate jurisdiction of all appeals which were formerly allowed to the Supreme Court, by Act March 31, 1860, 33, P. L. 427, 2 Purd. 1462, pi. 82, 46 (A), above, in all proceedings of any kind in the court of oyer and terminer and general jail delivery] except cases of felonious homicide, which shall be appealed directly to the Supreme Court. Act June 24, ^95, 7 (b), P. L. 212, 2 Purd. 1441, pi. 26, 4 Purd. 4501, pi. 20. (1) Disbarment Proceedings. The Act of May 5, 1899, (107, be- low) directed that an appeal from an order of the oyer and terminer in disbarment proceedings should also be taken to the Supreme Court. 169 APPEAL LIES TO WHAT COURT. 104 Supreme Court Common Pleas Cases [Chap. 6, 104. From Common Pleas (A) Subject Mat- ter Exceeding $1500 Actions Brought, Authorized or Defended by Attorney General. [The Supreme Court was given appellate jurisdiction of cases from the com- mon pleas by Act May 22, 1722, 9 and 13, I Sm. L. 138, 2 Purd. 1428, pi. i, 42 (B) and 43, above, re-enacted by Act June 16, 1836, P. L. 784, 4 Purd. 4515, pi. 30, 42 (B) and note (i) (e), above. The Act of June 24, 1895, P. L. 212, 4 Purd. 4498, pi. i, establishing the Superior Court, and the amendments thereto, conferred on the latter court exclusive and final appellate jurisdiction of all appeals which were then allowed to the Supreme Court in the cases there enumerated, leaving the jurisdiction of the Supreme Court as to other cases unaltered. The jurisdiction of the Supreme Court from the common pleas therefore includes all cases not referred to the Su- perior Court by the following statutes:] It [the Superior Court] shall have exclusive and final appellate jurisdiction of all appeals which are now allowed to the Supreme Court in the following classes of cases : (c) Any action, claim, distribution, or dispute of any kind in the common pleas, at law or in equity, whether originating therein or reaching that court by appeal or cer- tiorari from a justice of the peace or alderman or magis- trate, if the subject of the controversy be either money, chattels, real or personal, or the possession of or title to real property, and if the amount or value thereof really in controversy be not greater than fifteen hundred dollars, exclusive of costs, and if the action be not brought, author- ized or defended by the attorney general in his official capacity. Act May 5, 1899, i, P. L. 248, 2 Purd. 1441, pi. 27; 5 Purd. 4501, pi. 21. 170 SUPREME COURT. 102-125] C. P. and O. C. Cases 104, 105 (B) Distribution Proceedings Where Appeal from Final Decree Lies to Supreme Court. Whenever any appeal from any final decree of any court of common pleas .... upon any question of distribution, shall be cogniz- able by and taken to the Supreme Court, all other ap- peals from the same decree and involving the same ques- tion shall also be taken to the Supreme Court. Act June 13, 1911, i, P. L. 889. (1) Jurisdiction of Supreme Court, (a) When no money ques- tion is involved in mandamus proceedings, but merely right to inspect corporate books, appeal lies to Supreme Court: Neubert v. Water Co., 26 Pa. Super. 608, 1904; (b) appeals from refusal to open judgment in quo warranto proceedings and from decree awarding peremptory mandamus, lie to Supreme Court : Com. v. 'Donnell, 7 Pa. Super. 49, 1898; (c) also appeal from decree of common pleas in equity author- izing construction of grade crossings: Act June 19, 1871, P. L. 1360, 4 Purd. 3862, pi. 126; Penna. R. R. v. Ry., 188 Pa. 74, 1899. As to determination of amount in controversy for purpose of deciding which court has jurisdiction, see 117, below. 105. From Orphans' Court (A) Subject Mat- ter Exceeding $1500 Actions Brought or Defended by Attorney General. [The Act March 29, 1832, 59, P. L. 190, 3 Purd. 3383, pi. 68, 45, above, gave the right of ap- peal from the orphans' court to the Supreme Court. The Act June 24, 1895, P. L. 212, 4 Purd. 4498, pi. i, establish- ing the Superior Court, and the amendments thereto, con- ferred on the latter court exclusive and final appellate juris- diction of all appeals which were then allowed to the Su- preme Court in the cases there enumerated, leaving the jurisdiction of the Supreme Court as to other cases un- altered. The jurisdiction of the Supreme Court from the orphans' court, therefore, includes all cases not referred to the Su- perior Court by the following statutes:] It [the Superior Court] shall have exclusive and final 171 APPEAL LIES TO WHAT COURT. 105, 106 Supreme Court O. C. Cases Joint Actions, Damages [Chap. 6, appellate jurisdiction of all appeals which are now allowed to the Supreme Court in the following classes of cases : (d) Any single claim, any dispute, distribution or other proceedings in the orphans' court, if the subject of the con- troversy be either money, chattels, real or personal, or the possession of or title to real property, and if also the amount or value thereof really in controversy in such sin- gle claim, dispute or other proceeding be not greater than fifteen hundred dollars, exclusive of costs, and if also the claim, dispute or other proceeding be not brought, author- ized or defended by the attorney general in his official capacity. Act May 5, 1899, 2, P. L. 248, 2 Purd. 1441, pi. 28; 4 Purd. 4502. pi. 22. (B) Distribution Proceedings Where Appeal from Final Decree Lies to Supreme Court. When- ever any appeal from any final decree of any .... or- phans' court, upon any question of distribution, shall be cognizable by and taken to the Supreme Court, all other appeals from the same decree and involving the same ques- tion shall also be taken to the Supreme Court. Act June 13, 1911, P. L. 889. (1) Amount of Claim. When appeal is taken to the Supreme Court on two distinct claims, one more and one less than $1500, that court will review larger claim and remit smaller to Superior Court: Eslen's Est., 211 Pa. 215, 1905. But see Act of 1911, (B), above. As to determination of amount in controversy for purpose of deciding which court has jurisdiction on appeal, see 117, below. 106. In Damage Cases Joint Actions by Husband and Wife Parent and Child. Where a joint action is brought by husband and wife for damages by reason of an injury suffered by the wife, or is brought by parent and child for damages by reason of an injury suffered by the child, and several judgments are entered, if either is greater 172 SUPREME COURT SUPERIOR COURT. 102-126] Disbarment Proceedings Q. S. Cases 107, 108 than fifteen hundred dollars, appeals from both judgments shall be taken to the Supreme Court, and not to the Su- perior Court. Act May 5, 1899, 5, P. L. 248, 2 Purd. 1440, pi. 22; 4 Purd. 4503, pl- 2 7; Id. 4517, pi. 33. 107. In Disbarment Proceedings. In all cases of dis- barment, by whatever court the decree may be pro- nounced, the Superior Court shall have no jurisdiction thereof, but the appeal shall be taken directly to the Su- preme Court. Act May 5, 1899, 5, P. L. 248, 2 Purd. 1440, pl. 23; 4 Purd. 4503, pl. 27; Id. 4517, pl. 33. (1) Appeals Prior to Act. Prior to Act of 1899, appeal from order of oyer and terminer, suspending attorney-at-law, lay to Superior Court: Shoemaker's Ap., 175 Pa. 159, 1896. 108. Superior Court From Quarter Sessions Cases Involving Right to Public Office Excepted. It [the Superior Court] shall have exclusive and final appellate jurisdiction of all appeals which are now allowed to the Supreme Court [by Act May 22, 1722, 9 and 13, i Sm. L. 138, 2 Purd. 1428, pl. i, 42 (B) and 43, above, substan- tially re-enacted by Act June 16, 1836, i, P. L. 784, 4 Purd. 4514, pl. 30, 42 (B), above], in the following classes of cases : (a) All proceedings of any kind in the court of quarter sessions of the peace or before any judge thereof, except cases involving the right to a public office, in which cases the remedy by appeal to the Supreme Court shall not be affected by this act. Act June 24, 1895, 7, P. L. 212, 2 Purd. 1440, pl. 25; 4 Purd. 4501, pl. 14. (1) Supplementary Proceedings. Appeals in supplementary pro- ceedings should be taken to Supreme Court where appeal from judg- ment in original proceeding is pending in that court : Com. v. 'Don- nell, 7 Pa. Super. 49, 1898. 173 APPEAL LIES TO WHAT COURT. 108 (2) -(3), 109 Superior Court^-Q. S. and O. and T. Cases [Chap. 6, (2) Scope of Appellate Jurisdiction, (a) The Superior Court has the same appellate jurisdiction that Supreme Court had in enumer- ated classes of cases, and no greater : Colwyn Boro. v. Tarbotton, 1 Pa. Super. 179, 1896; Com. v. Brewing Co., 1 Pa. Super. 627, 1896; Dober- neck's Ap., 1 Pa. Super. 637, 1896; Com. v. Tragic, 4 Pa. Super. 159, 1897; Thompson v. Preston, 5 Pa. Super. 154, 1897; Com. v. Rogers, 15 Pa. Super. 461, 1900; Walker Twp. Overseers v. Knisely, 17 Pa. Super. 415, 1901; Galeton Poor Dist. v. Poor Dist., 18 Pa. Super. 428, 1901; Springdale Twp., 20 Pa. Super. 381, 1902; (b) juris- diction of Superior Court extends to proceedings in quarter ses- sions authorized by subsequent legislation: Springdale Twp., 20 Pa. Super. 381, 1902; (c) jurisdiction of Superior Court in appeals from quarter sessions, where right to public office is not involved, is ex- clusive : Quay 's Case, 189 Pa. 517, 1899 ; (d) appeal from quarter ses- sion in election contest, where matter in controversy is liability for costs and does not involve right to public office, lies to Superior Court : Hayes's Case, 214 Pa. 551, 1906; (e) also appeals in liquor license cases: Com. v. Brewing Co., 1 Pa. Super. 627, 1896; (f) appeal from conviction for hawking and peddling lies to Superior Court although constitutional question is involved: Com. v. Dunham, 174 Pa. 436, 1896; Com. v. Gladfelter. 174 Pa. 438, 1896; (g) also appeals in road cases: Middletown Road, 15 Pa. Super. 167, 1900; (h) and in habeas corpus proceedings : Com. v. Butler, 19 Pa. Super. 626, 1902. (3) Right to Office, (a) In appeals where no money value is in- volved, but mere right of title to office, jurisdiction is in Supreme Court : For example : the right of a director of a corporation to of- fice: Com. v. O'Donnell, 7 Pa. Super. 49, 1898; (b) or right of warden and matron of county prison: Browner v. Kantner, 9 Pa. Super. 95, 1898; affirmed in 190 Pa. 182, 1899; (c) or right to inspect books of corporation: Neubert v. Water Co., 26 Pa. Super. 608, 1904; (d) juris- diction of Superior Court extends to proceeding for contempt of court consisting of refusal to testify in case involving right to public office : Com. v. Gibbons, 9 Pa. Super. 527, 1899; (e) where in contested elec- tion case only question is liability for costs appeal lies to Superior Court : Hayes 's Election, 214 Pa. 551, 1906. 109. From Oyer and Terminer Cases of Felonious Homicide Excepted. It [the Superior Court] shall have exclusive and final appellate jurisdiction of all appeals 174 SUPERIOR COURT. 102-126] Common Pleas Cases 109, 110 which are now allowed to the Supreme Court [by the Constitution, art. 5, 24, I Purd. 182, pi. 126, above, 103, and Act March 31, 1860, 33, P. L. 427, 2 Purd. 1462, pi. 82, 46 (A) above], in the following classes of cases: (b) All proceedings of any kind in the court of oyer and terminer and general jail delivery, except cases of feloni- ous homicide, which shall be appealed directly to the Su- preme Court. Act June 24, 1895, 7, P. L. 212, 2 Purd. 1441, pi. 26; 4 Purd. 4501, pi. 20. (1) Jurisdiction Exclusive. Jurisdiction of the Superior Court, with the exception named in the act, is exclusive: Shoemaker's Ap., 175 Pa. 159, 1896. 110. From Common Pleas Subject Matter not Exceeding $1500, Except in Proceedings Brought or De- fended by Attorney General. It [the Superior Court] shall have exclusive and final appellate jurisdiction of all appeals which are now allowed to the Supreme Court [by Acts May 22, 1722, 9 and 13, I Sm. L. 138, 2 Purd. 1428, pi. I, 42 (B) and 43, above, re-enacted by Act June 16, 1836, i, P. L. 784, 4 Purd. 4514, pi. 30, 42, (B) and note (i) (e), above], in the following classes of cases: (c) Any action, claim, distribution, or dispute of any kind in the common pleas, at law or in equity, whether originating therein or reaching that court by appeal or cer- tiorari, from a justice of the peace or alderman or magis- trate, if the subject of the controversy be either money, chattels, real or personal, or the possession of or title to real property, and if also the amount or value thereof really iti controversy be not greater than fifteen hundred dollars, exclusive of costs, and if also the action be not brought, authorized or defended by the attorney general in his official capacity. Act May 5, 1899, i, P. L. 248, 2 Purd. 1440, pi. 27; 4 Purd. 4501, pi. 21. 175 APPEAL LIES TO WHAT COURT. 110(1)-(6),111 Superior Court^C. P. and 0. C. Cases [Chap. 6, (1) General Scope of Act. This section was intended to provide a criterion for jurisdiction in two classes of actions, to wit, issues involv- ing title or possession of specific property, real or personal, and those involving payment of money; and when defendant in action for breach of warranty sues plaintiff on promissory note, and both actions, by agreement, are tried together, resulting in verdict for defendant in first action for less than $1500, judgment is for payment of money and appeal lies to Superior Court : Spring City Brick Co. v. Mfg. Co., 221 Pa. 385, 1908. (2) Review of Certiorari to Justice, (a) This does not allow Su- perior Court to review judgment of the common pleas on certiorari from a justice of the peace : Colwyn Boro. v. Tarbotton, 1 Pa. Super. 179, 1896; Carroll v. Barnes & Erb Co., 11 Pa. Super. 590, 1899; Crum- ley v. Coal Co., 13 Pa. Super. 231, 1900; Alexander v. Goldstein, 13 Pa. Super. 518, 1900; Phoenix Iron Works Co. v. Mullen, 25 Pa. Super. 547, 1904; Fry v. Spatz, 29 Pa. Super. 592, 1905; Adams v. Berge, 30 Pa. Super. 422, 1906 ; Huntington etc., R. R. v. Fluke, 32 Pa. Super. 126, 1906 ; Allegheny L. & T. Co. v. Gundling, 33 Pa. Super. 621, 1907; (b) but appeal lies from the refusal of the common pleas to allow an appeal from magistrate: Thompson v. Preston, 5 Pa. Super. 154, 1897. (3) Jurisdiction by Habeas Corpus. Where the amount is not within the jurisdiction of the Superior Court, it cannot acquire juris- diction by issuing a writ of habeas corpus instead of certiorari: Com. v. McAleese, 10 Pa. Super. 286, 1899. (4) Appeals Taken Before Passage of Act. All appeals involving less than $1500, taken before but not perfected by certiorari until after the erection of the Superior Court, lie to that court : Christner v. John, 171 Pa. 527, 1895; Ruffner v. Hooks, 171 Pa. 531, 1895. (5) Mandamus Proceedings. See 77, note (3), above. (6) Distribution Proceedings, See 104 (B). in. From Orphans' Court Subject Matter not Ex- ceeding $1500, Except in Proceedings Brought or Defend- ed by Attorney General. It [the Superior Court] shall have exclusive and final appellate jurisdiction of all ap- peals which are now allowed to the Supreme Court [by 176 SUPERIOR COURT. 102-126] 0. C. Cases Jurisdiction by Agreement 111, 112 Act March 29, 1832, 59, P. L. 190, 3 Purd. 3383, pi. 68, 45, above], in the following classes of cases: (d) Any single claim, any dispute, distribution or other proceedings in the orphans' court, if the subject of the controversy be either money, chattels, real or personal, or the possession of or title to real property, and if also the amount or value thereof really in controversy in such single claim, dispute or other proceeding be not greater than fifteen hundred dollars, exclusive of costs, and if also the claim, dispute or other proceeding be not brought, author- ized or defended by the attorney general in his official capacity. Act May 5, 1899, 2, P. L. 248, 2 Purd. 1441, pi. 28 ; 4 Purd. 4502, pi. 22. (1) Single Claims, (a) Jurisdiction cannot be taken away by lumping the claims of different appellants: Jennings 's Est., 195 Pa. 406, 1900; Samson's Est., 201 Pa. 590, 1902; May's Est. 22 Pa. Super. 77, 1903; (b) and where appeal is taken to Supreme Court on two dis- tinct claims one more and one less than $1500, that court will review the larger claim and remit the smaller to the Superior Court: Eslen's Est., 211 Pa. 215, 1905. But see Act June 13, 1911, 105 (B), above. See also 117 and notes for rules governing determination of amount in controversy. (2) Distribution Proceedings. See 105 (B). 112. Agreement, Jurisdiction By. [The Superior Court shall have exclusive and final appellate jurisdiction in] any case whatever, civil or criminal, at law or in equity or in the orphans' court, except felonious homicide, in which the parties or their attorneys file a stipulation in the proper court below, at any stage of the proceedings, agree- ing that the case may be heard and decided by the Superior Court, although the case would otherwise have been ap- pealable directly to the Supreme Court. Act June 24, 1895, 7, P. L. 212, 2 Purd. 1442, pi. 32; 4 Purd. 4503, pi. 24. 177 APPEAL LIES TO WHAT COURT. 113-115 Superior Court Divorce and Labor Cases Waiver [Chap. 6, 113. In Divorce Cases. Appeals in proceedings for divorce .... shall be taken to the Superior Court. Act May 5, 1899, 7, P. L. 248, 2 Purd. 1442, pi. 31 ; 4 Purd. 4503, pi. 26. (1) Jurisdiction, (a) Prior to this act, appeals in divorce lay only to the Supreme Court: Rosenberry v. Rosenberry, 180 Pa. 221, 1897; (b) appeal from decree allowing counsel fees or alimony in divorce lies to the Superior Court though allowance is more than $1500: Hartje v. Hartje, 222 Pa. 371, 1908. 114. In Labor Claims Under Act of 1897. . . . Joint appeals by labor claimants under the Act of June 15, 1897, P. L. 154, shall be taken to the Superior Court. Act May 5, 1899, 7, P. L. 248, 2 Purd. 1442, pi. 31; 4 Purd. 4503, pi. 26. 115. Objection to Jurisdiction Waiver Cost of Certifying. Whenever an appeal is taken to the Superior Court, the appellee shall be held to have waived objection to the jurisdiction of that Court, unless he file with the pro- thonotary thereof an objection on this ground, on or prior to the hearing of the appeal by the Superior Court. If the objection is made, the Superior Court shall hear and decide it speedily, and if it is sustained and the appeal is certified to the Supreme Court, the prothonotary of the Superior Court shall, in addition to the appeal costs already paid, be paid by the appellant the sum of three dollars as further costs in the cause. Act May 5, 1899, I: > P- L. 248, 2 Purd. 1442, pi. 33; 4 Purd. 4504, pi. 31. (1) Certifying Case to Supreme Court. This section should be read in connection with 9 of the Act of 1895 (120) ; and when objec- tion is made in due time, Superior Court will not quash but will cer- tify issue to Superior Court : Neubert v. Water Co., 26 Pa. Super. 608, 1904. For form of objection, see Appendix, 28. I 7 8 APPEAL LIES TO WHAT COURT. 102-125] Superior Court Exclusive Amount in Controversy 116, 117 116. Jurisdiction Only Where Expressly Given Exclusive in Such Cases. This act does not apply in any respect to any proceeding unless it is hereinbefore made re- viewable by the said Superior Court but all such proceed- ings shall continue to be reviewable by the Supreme Court in the same manner and to the same extent as is nowor may be hereafter provided by law. And no proceeding of any kind which is hereinbefore made reviewable by the Su- perior Court, shall be removed directly from the court be- low to the Supreme Court by any form of appeal or writ of error. Act June 24, 1895, 14, P. L. 212, 2 Purd. 4503, pi. 25. 117. Determination of Amount in Controversy. The amount or value really in controversy shall be determined as follows : (A) Realty and Chattel Cases Determined by Certifi- cate of Judge. In actions of ejectment, either legal or equitable, and in all other actions or issues in the common pleas or in the orphans' court that involve the possession of or the title to real property, or chattels, real or personal, the judge hearing the case shall certify whether the value of the land or of the interest or of the property really in controversy, is greater than fifteen hundred dollars, and his certificate shall be conclusive proof of such value for the purpose of this act. Act May 5, 1899, 4, P. L. 248, 2 Purd. 1442, pi. 30; 4 Purd. 4502, pi. 23. (B) Certificate to be Filed in Certain Cases. In man- damus proceedings, in actions of ejectment, either legal or equitable, and in all other actions or issues in the common pleas or in the orphans' court, which involve the pos- session of, or title to, real property, or chattels, real or per- sonal, the appellant shall be required to file with his appeal 179 APPEAL LIES TO WHAT COURT. 117 Amount in Controversy [Chap. 6, a certificate of the judge hearing the case that the value of the land or of the interest or of the property really in controversy is greater than fifteen hundred dollars. Su- preme Court Rule 23. (C) Production of Evidence to Aid in Making up Cer- tificate. If the facts on which to base the certificate do not appear in the course of the trial or hearing, the judge shall require the parties to produce evidence thereof for his in- formation in order to make such certificate. Supreme Court Rule 24. (D) Other Cases Determined by Amount of Judg- ment, or by Record of Claim in Case of no Recovery. In any suit, distribution or other proceeding in the common pleas or orphans' court, if the plaintiff or claimant recov- ers damages either for a tort or for a breach of contract, the amount of the judgment, decree or award shall be con- clusive proof of the amount really in controversy, but if he recovers nothing the amount really in controversy shall be determined by the amount of damages claimed in the state- ment of claim or in the declaration. Act May 5, 1899, 4, P. L. 248, 2 Purd. 1442, pi. 30; 4 Purd. 4502, pi. 23. (1) Certificate of Amount in Controversy, (a) Appeal from judg- ment in ejectment, on case stated, where there is no certificate of court below as to value of land in controversy, will not be enter- tained by Supreme Court, although in case stated it is agreed that such value exceeds $1500: Matthews v. Rising, 194 Pa. 217, 1899; (b) although a continuance may be granted so that certificate may be filed : Beringer v. Lutz, 43 P. L. J. (0. S.) 106, 1895; (c) prior to the adop- tion of Rule 24, [formerly Rule 21] if the judge certified that he could not determine the value of the property, the appeal was taken to the Supreme Court: Sedlinger's Ap., 1 Pa. Super. 221, 1896. (2) Amount of Decree or Judgment Conclusive, (a) On appeal by either party from decree or judgment for payment of money, jurisdic- tion is determined solely by amount of such decree or judgment, and nothing else will be considered by appellate court: Prentice v. Han- 180 AMOUNT IN CONTROVERSY. 102-125] Decree or Judgment Amount Claimed 117, 2 (b)-(3) cock, 204 Pa. 128, 1902; Astwood v. Wanamaker, 209 Pa. 103, 1904; Green v. Duffee, 231 Pa. 393, 1911; (b) where purchase price of realty is less than $1500, appeal from decree confirming sale Jies to Superior Court: Walker's Est., 25 Pa. Super. 256, 1904; (c) where in action for a breach of warranty the defendant brings a separate action against plaintiff on note and both actions are tried together and ver- dict given for defendant for less than $1500, appeal lies to Superior Court: Spring City Brick Co. v. Mfg. Co., 221 Pa. 385, 1908; (d) where judgment is less than $1500, jurisdiction is in Superior Court, though final decision of case may settle right to future sums exceed- ing $1500 : Hosack v. Grill, 197 Pa. 370, 1900 ; (e) where creditor of decedent is awarded more than $1500, appeal by contesting legatee lies to Supreme Court, though his interest therein is less than $1500: May's Est., 218 Pa. 64, 1907; (f) where undisputed claim is for more than $1500, but award is less because fund was insufficient to pay in full owing to prior liens, appeal questioning right to priority lies to Superior Court : Green v. Duffee, 231 Pa. 393, 1911. (3) Amount Claimed Criterion. The amount fixed by interlocu- tory proceedings determines the amount in controversy, where judg- ment is entered for defendant and plaintiff appeals: (a) as where claim is for larger sum but verdict is for smaller sum, subject to point reserved: Peters v. Garner, 183 Pa. 65, 1897; (b) or award of referee is for smaller sum: Weaver v. Cone, 189 Pa. 298, 1899; (c) on mo- tion for injunction, sum to be accounted for determines jurisdiction on appeal: Makof v. Sherman, 17 Dist. 55, 1907; (d) where judgment for want of sufficient affidavit of defence has been refused, and sum claimed in plaintiff's statement was less than $1500 at time of suit, but by reason of accrued interest exceeded that amount when judg- ment was refused and appeal taken, jurisdiction on appeal is in Su- perior Court: Com. v. Magee, 213 Pa. 443, 1906; (e) also where ver- dict is for $1500 and judgment is subsequently entered by court for amount of verdict, with interest: Hartman v. Pulley Co., 38 Pa. Super. 587, 1909; (f) amount involved in warrant of arrest and ha- beas corpus proceedings controls: Com. v. McAleese, 10 Pa. Super. 286, 1899; (g) where amount of claim is less than $1500, Superior Court has jurisdiction of appeal though defendant set up counter claim which was more than $1500 in excess of plaintiff's claim: Samuel T. Sota, 224 Pa. 432, 1909. 181 APPEAL LIES TO WHAT COURT. 117 ( 4 ) - ( 6) , 118 Amount in Controversy Consolidation of Apis. [Ch. 6, (4) Aggregate Claims, (a) Where entire fund of over $1500 is claimed by receiver, who appeals from decree of distribution dividing it among other claimants in smaller amounts, jurisdiction is in Su- preme Court: Reynolds v. Lumber Co., 175 Pa. 437, 1896; (b) where two appeals are taken by different appellants from same decree and each claim is less than $1500, though the two aggregate larger amount, jurisdiction is in Superior Court: Staib's Est., 188 Pa. 238, 1898; Jennings 's Est., 195 Pa. 406, 1900; Samson's Est., 201 Pa. 590, 1902; (c) where creditor of decedent is awarded more than $1500, appeal by contesting legatee lies to Supreme Court though his interest therein is less than $1500; May's Est., 218 Pa. 64, 1907. (5) Appeals to Both Courts. Where same claimant presents to or- phans' court two separate claims against an estate, one over and the other under $1500, and both are disallowed, separate appeals must be taken to Supreme Court and Superior Court respectively : Eslen 's Est., 211 Pa. 215, 1905. But see Act June 13, 1911, 104 (B) and 105 (B), above, providing that where same question is involved all appeals shall be taken to Supreme Court if latter has jurisdiction of one appeal. (6) Allegation as to Jurisdiction Necessary, (a) Appeal will not be certified from Superior Court to Supreme Court, on petition of ap- pellant which does not allege that amount in controversy exceeds $1500, and where appellee has filed no objection to jurisdiction : Hog- sett v. Iron & Steel Co., 15 Pa. Super. 474, 1900. 118. Consolidation of Appeals in Certain Cases (A) Similar Questions Involved. Where any appeal is taken to the Supreme Court from the action of any court confirm- ing the report of viewers, [assessing benefits or damages for streets, bridges, etc.], or any part thereof, and an appeal is also taken to the Superior Court from the same report or any part thereof, and the appeals in both cases are sub- stantially the same, and in which the same questions are in- volved, it shall be lawful for the Superior Court to certify the said appeal to the Supreme Court, to be heard with the other appeals from the same report, involving the same questions. And it shall be lawful for the Supreme Court to 182 CONSOLIDATION OF APPEALS. 102-125] Similar Questions Involved Parties Certificate 118 consolidate the said appeals, and to hear the same as one case. And where several appeals are taken from the con- firmation of the same report, either to the Superior or the Supreme Court, the appellate court may consolidate the appeals, where the grounds of appeal are similar and the same questions involved. Act April 18, 1905, 3, P. L. 198, 5 Purd. 5948, pi. 62. (B) Several Parties Uniting in Appeal. It shall be lawful for several parties to unite and join in a single ap- peal from the confirmation of the report of viewers, [as- sessing benefits or damages for streets, bridges, etc.] or any parts thereof, either to the Superior or Supreme Court, where grounds of appeal are similar and the same questions involved; but the uniting of the appellants shall not unite the amounts, or change the jurisdiction. When the appeal, if taken by each appellant singly, would be to the Superior Court, then the joint appeal shall be to the said court; but if the appeal of any one joint appellant, if taken singly, would be to the Supreme Court, then the joint appeal shall be to the said court. If any appeal has been taken to the Supreme Court, any other party, without regard to the amount involved, may appeal to the same court, and join in the said appeal, in case the grounds of appeal are similar and the same questions are involved. Act April 18, 1905, 4, P. L. 198, 5 Purd. 5948, pi. 63. (C) Proceedings to Obtain Certificate as to Whether Appeal Affects Entire Report. This act shall apply to appeals already taken, where the same have not been argued or disposed of. The proper municipality or any party interested may, by notice or rule upon the appel- lant, in any case, cause a statement or copy of the specifi- cations of error or grounds of appeal to be filed in the court below; upon which the said court, or judge thereof in va- 183 APPEAL LIES TO WHAT COURT. 118-120 Certification Appeal Erroneously Taken [Chap. 6, cation, shall certify whether the appeal taken does or does not affect the entire report, in the manner and with the ef- fect as set forth in section two of this act [providing for suspension of absolute confirmation: 5 Purd. 5947, pi. 60]. Act April 18, 1905, 5, P. L. 198. 5 Purd. 5948, pi. 64. (D) Certifying to Proper Court. Should any appeal, under this act or the act to which this is a supple- ment, be made to the wrong appellant court, it shall be the duty of the said court to certify the appeal to the court to which the appeal should originally have been taken. Act April 1 8, 1905, 5, P. L. 198, 5 Purd. 5948, pi. 64. 119. Stay of Proceedings in Superior Court Pending Decision of Same Questions in Supreme Court Certifica- tion to Supreme Court. Where it shall be made to appear to the Superior Court that the same questions, and those only, are raised on an appeal to that court as are raised on an appeal pending in the Supreme Court, the Superior Court may stay all proceedings before them until the de- cision by the Supreme Court of the appeal there pending, or may certify said cause to the Supreme Court, with the same effect as if originally properly taken thereto. Act May 5, 1899, 10, P. L. 248, 2 Purd. 1443, pi. 36. (1) Stay of Proceedings. Proceedings will not be suspended when appeal in Supreme Court is not a supersedeas and it is not shown that only the same questions are involved in the two appeals : Harris 's Pe- tition, 15 Pa. Super. 471, 1900. 120. Appeal Erroneously Taken (A) To Supreme Court. If an appeal is erroneously taken directly to the Supreme Court in any of the classes of cases made review- able by the Superior Court, the Supreme Court shall not quash the appeal, but shall remit the case, at the costs of the appellant, to the Superior Court for hearing and deci- 184 APPEAL LIES TO WHAT COURT. 102-125] Appeals from Superior Court 120, 121 sion. Act June 24, 1895, 9, P. L. 212, 2 Purd. 1443, pi. 38; 4 Purd. 4503, pi. 29. (B) To Superior Court. If an appeal is erroneously taken to the Superior Court in any case which is appealable directly to the Supreme Court, the Superior Court shall not quash the appeal, but shall certify the case, at the cost of the appellant, to the Supreme Court for hearing and de- cision. Act June 24, 1895, 9, P. L. 212, 2 Purd. 1443, pi. 39; 4 Purd. 4503, pi. 30. (1) Appeal from Claim of Different Amounts. When an appeal is taken to the Supreme Court from decree of orphans' court disal- lowing two separate claims, one over and the other less than $1500, the Supreme Court will review the larger claim and remit the other to the Superior Court; Eslen's Est., 211 Pa. 215, 1905. But see Act of June 13, 1911, 104 (B) and 105 (B), above. (2) Objection to Jurisdiction Necessary Practice, (a) An ap- peal will not be certified to the Supreme Court unless the appellee ob- jects to the jurisdiction under 11 of Act May 5, 1899, P. L. 248, 4 Purd. 4504, pi. 31, (115, above), or the petition of appellant alleges that the amount in controversy exceeds $1500 and the appeal was er- roneously taken : Hogsett v. Iron & Steel Co., 15 Pa. Super. 474, 1900 ; (b) but objection must be made in due time: McFadden v. McFadden, 211 Pa. 599, 1905; (c) where Superior Court certifies case which has already been affirmed by Supreme Court, latter will quash appeal and direct judgment in lower court to be altered so as to show it is Su- preme Court judgment : Melon Street, 192 Pa. 331, 1899. 121. Appeals from Decisions of Superior Court When Appeal Lies. In any action or proceeding whatever above committed to the final and exclusive decision of the said [Superior] Court, there may still be an appeal from its judgment to the Supreme Court: First : If the jurisdiction of the Superior Court is in is- sue; or Second: If the case involves the construction or applica- APPEAL LIES TO WHAT COURT. 121 (1) (2) Appeal From Superior Court [Chap. 6, tion of the Constitution of the United States or of any statute or treaty of the United States ; or Third: If the case involves the construction or applica- tion of the Constitution of Pennsylvania; or Fourth : If the appeal to the Supreme Court be especially allowed by the Superior Court itself or by any one Justice of the Supreme Court. Act June 24, 1895, 7, P. L. 212, 2 Purd. 1444, pi. 40; 4 Purd. 4506, pi. 48; 4517, pi. 35. (1) Appeal Lies to Superior Court in First Instance, (a) Appeal cannot be taken directly to the Supreme Court merely because a con- stitutional question is involved: Com. v. Dunham, 174 Pa. 436, 1896; Com. v. Gladf elter, 174 Pa. 438, 1896 ; (b) and the constitutional ques- tion must be an open one: Boyle's License, 190 Pa. 577, 1899. (2) Special Allowances Necessary Form of Petition When Granted, (a) Unless it clearly appears from the record that the case comes within one of the exceptions named, there must be a special allowance of appeal: Melon Street, 182 Pa. 397, 1897; Boyle's License, 190 Pa. 577, 1899; (b) the petition should be accom- panied by copy of paper books and opinion of Superior Court, and it should set forth clearly and distinctly the reasons therefor [for form, see Appendix, 27] and should be filed with the prothonotary of^ the Supreme Court to be submitted to the court: Boyle 's license, "190 Pa, 577, 1899; Watl-Uarber (Jo. v. Groves, 193 Pa. 475, 1899; (c) following the principles laid down in Am. Construction Co. v. Ky. Co., 148 U. S. 372, special allowance will be granted only in cases of peculiar gravity and general importance, or to secure uniformity of decision. The Supreme Court will look^only to character of ques- tions involved: Kraemer v. Trust Co., 173 Pa. 416, 1896; (d) where appeal was heard in the Superior Court before five judges only and judgment was concurred in by three judges, a minority of the court, with two dissenting, the Supreme Court allowed an appeal and re- versed the judgment, although no question of general importance was involved: Harris v. Sharpies, 202 Pa. 243, 1902; (e) appeal will not be granted on ground of mistake in remedy: Becker v. Ry., 195 Pa. 502, 1900 ; (f ) where there has been an inadvertent error of counsel in presenting case in Superior Court remedy is by application to that court and not appeal: Phila. v. Penna. Co., 214 Pa. 138, 1906. 186 APPEALS FROM SUPERIOR COURT. 102-125] Special Allowance Waiver Proceedings 122, 123 For procedure on application for allowance, see 135 to 138, below. See also 124, providing for certification to Supreme Court, by Su- perior Court judges, of cases involving difficult or important questions. (3) Special Allowance Constitutional Question, (a) The act con- templates only actual, open and unsettled constitutional questions: Boyle's Liquor License, 190 Pa. 557, 1899; (b) and, unless a constitu- tional question clearly appears from the record, there must be a special allowance: Melon Street, 182 Pa. 399, 1897. (c) The better practice is to present a petition for allowance in all cases so as to obtain the decision of the court on the preliminary question whether or not a constitutional question is involved, and, if so, whether such question is an open one. Where an appeal was taken without allowance by the Supreme Court under the impression that it was a matter of right (the constitutional question appearing in the " Statement of Ques- tion Involved" in the Superior Court), on petition the Supreme Court allowed an appeal but not an appeal nunc pro tune: West Chester v. Postal Telegraph-Cable Co., No. 320, Jan. 3. 1909, manu- script case. 122. Appeal Waived by Agreement. But in any case whatever in the said Superior Court, without regard to the questions or the amount which may be involved, if the parties or their attorneys file a stipulation at any stage of the proceedings, either below or in the Superior Court, that the decision of the said Court shall be final, no appeal therefrom shall be taken or allowed upon any ground, either by the Superior Court or by any Justice of the Su- preme Court. Act June 24, 1895, 7, P. L. 212, 2 Purd. 1444, pi. 41 ; 4 Purd. 450?, pi- 49; 45 1 ?, P 1 - 36. (1) Jurisdiction by Agreement. See 112, above. 123. Proceedings in Supreme Court Entering Judgment Remitting Record. Whenever a case is ap- pealed to the Supreme Court from the Superior Court, the appeal shall be taken from the judgment of the Superior Court, but the whole proceeding shall be brought thereby 187 APPEAL LIES TO WHAT COURT. 123, 124 Appeal from Superior Court Proceedings [Chap. 6, within the jurisdiction and power of the Supreme Court, who may enter therein such judgment, order or decree as may be just, except that it may not increase (although it may reverse) a sentence upon an indictment, and who may thereupon send the record either to the Superior Court or directly to the court below, as the Supreme Court may con- sider advisable. Act June 24, 1895, 9, P. L. 212, 2 Purd. 1444, pi. 42 ; 4 Purd. 4507, pi. 50. (1) Cross Appeals Jurisdiction. Where on cross appeals the Su- perior Court decides one appeal against plaintiff and the other against defendant, and defendant alone appeals to the Supreme Court, the latter court can consider only the question involved in defendant's appeal: Price v. Lancaster Co., 189 Pa. 95, 1899. (2) Remitting Record. See 20 of Act May 19, 1897, 244, below. (3) Review on Appeal. See 228, below. 124. Certification by Superior Court Judges. If any four of the Judges of the Superior Court, whose duty it is to decide any matter coming before that court, shall cer- tify that, in their judgment, the questions involved in any case are so difficult or important as to make it expedient that the case should be decided by the Supreme Court, the case containing such questions shall be certified to the Su- preme Court for full consideration and decision, though otherwise within the exclusive jurisdiction of the Superior Court, but such certification shall not be made until after the case shall have been heard and decided and the opinion of the court and any dissent therefrom shall have been duly filed. Act June 24, 1895, 10, P. L. 212, 2 Purd. 1445, pi. 43; 4 Purd. 4507, pi. 51. (1) Question Raised on Motion to Quash. Where questions raised on motion to quash are so difficult and important as to make it ex- pedient that they should be decided by the Supreme Court, the Su- perior Court will certify the case on such questions: Melon Street, 9 Pa. Super. 18, 1898. 188 APPEAL LIES TO WHAT COURT. 102-125] Supreme Court Decision Binding 125 125. D-ecisions of Supreme Court Binding on Superior Court. Upon any question whatever before the said [Su- perior] Court the decision of the Supreme Court shall be received and followed as of binding authority. Act June 24, 1895, 10, P. L. 212, 2 Purd. 1445, pi. 44; 4 Purd. 4507, Pi- 53- (1) Supreme Court Decision Binding, (a) The Superior Court will not consider question decided by Supreme Court on substantially the same evidence on prior appeal: Collins v. Busch, 15 Pa. Super. 255, 1900; (b) nor has it power to review action of Supreme Court in opening orphans' court adjudication and allowing additional testi- mony to be taken: DeHaven's Est., 41 Pa. Super. 382, 1910. 189 TIME FOR TAKING APPEALS. 126 Appeals from Lower Courts [Chap. 7, CHAPTER VII. TIME FOR TAKING APPEALS. 126. Appeals from Lower Courts. 127. No Exemptions Allowed. 128. Appeals from Superior Court. 129. Computation of Time Under Statutes. 126. Appeals from Lower Courts. No appeal shall be allowed in any case unless taken within six calendar months from the entry of the sentence, order, judgment or decree appealed from. Act May 19, 1897, 4, P. L. 67, 2 Purd. 1433, pi. 3. (1) Appeal Taken after Expiration of Time Quashing, (a) Ap- peal not taken within time limited by statute is too late, and will be quashed: Young's Petition, 9 Pa. 215, 1848; Penna. Central Ins. Co. v. Gaus, 91 Pa. 103, 1879; Bair v. Black, 10 W. N. C. 156, 1881; Weil v. Frauenthal, 103 Pa. 317, 1883 ; Brown v. School Dist., 1 Mona. Ill, 1888; Mercer School Dist. v. Cummins, 1 Mona. Ill, 1888; Wilkins- burg Boro., 131 Pa. 365, 1889; Lowenstein v. Ins. Co., 132 Pa. 410, 1890; Blockley Turnpike Co.'s Pet., 140 Pa. 177, 1891; Roaring Brook Twp. Road, 140 Pa. 632, 1891; Page v. McNaughton, 2 Pa. Super. 519, 1896; Cassville Boro. Road, 4 Pa. Super. 511, 1897; Miller v. Lash, 4 Pa. Super. 292, 1897; Frazier's Est., 188 Pa. 415, 1898; Mehaffey v. Fink, 13 Pa. Super. 534, 1900; Farrel v. Ry., 27 Pa. Super. 127, 1905; (b) praecipe dated and mailed on last day but not received by prothon- otary till next day, is too late and appeal will be quashed: Bair v. Black, 10 W. N. C. 156, 1881 ; (c) where time has expired no appeal lies from refusal to open the decree : Keim 's Ap., 27 Pa. 42, 1856 ; Lowen- stein v. Ins. Co., 132 Pa. 410, 1890; (d) where time for appeal has expired, decree will not be set aside on ground that Supreme Court has since decided question differently in another proceeding: Pulaski Ave. Case, 220 Pa. 276, 1908; (e) time runs from entry of judgment, though it appears jury fee was not paid until subsequent thereto, at 100 APPEALS FROM LOWER COURT. 126-9] Computation of Time 126 (2) (3) which time judgment was again entered: Jones v. Coal Co., 227 Pa. 509, 1910; see also notes (3) and (5) (a), this section. (2) General Provision not Affected by Right to Appeal Sooner. Acts giving right to appeal within thirty days do not take away right to appeal within six months: Scranton Sewer Case, 213 Pa. 4, 1904. (3) Computation of Time, (a) Time is computed from date of final judgment or decree not from date of verdict: Camp v. Welles, 11 Pa. 206, 1849; Miller's Est., 159 Pa. 575, 1894; Pottsville Bank v. Cake, 12 Pa. Super. 61, 1899; Farrel v. Ry., 27 Pa. Super. 127, 1905; Rively v. Ry., 228 Pa. 9, 1910 ; (b) the same rule holds if it is entered in vacation: Dawson's Ap., 15 Pa. 480, 1851; (c) the day on which judgment is entered is excluded: Sims v. Hampton, 1 S. & R. 411, 1815; Ege's Ap., 2 Watts. 283, 1834; Cromelien v. Brink, 29 Pa. 522, 1858 (see 129, below) ; (d) if last day falls on Sunday, appeal may be entered on Monday: Goswiler's Est., 3 P. & W. 200, 1831; (e) where court below allows exceptions to be filed nunc pro tune which are subsequently dismissed and final decree entered, statute begins to run from that date: Hinnershitz v. Traction Co., 206 Pa. 91, 1903; if a successful party in court below expresses desire to appeal in case he should lose on appeal of his opponent, practice is merely to reverse judgment and send record back to court below to enter such judgment as it should have entered in first instance; time for appeal by party will then begin to run from such judgment : Hughes v. Miller, 192 Pa. 365, 1899; Hawn v. Stoler, 22 Pa. Super. 307, 1903; McGee- han v. Hughes, 217 Pa. 121, 1907; S. C. 223 Pa. 524, 1909; Hardon- court v. Iron Co., 225 Pa. 379, 1909 fag) but where right to appeal has accrued by entry of judgment or decree against a party, he must take his appeal within six months from that date, notwithstanding appeal has been taken by other party: Pittsburg Wagon Works' Est., 204 Pa. 435, 1903; (h) and appeal from decree of orphans' court must be taken within statutory time from that date and not from refusal to open decree: Miller's Est., 159 Pa, 575, 1894; see also 74, n. (1) (b), (c), as to appeals from opening or refusing to open judgments at law; (i) but when court refuses to strike off void judgment, appeal may be taken from refusal, and limitation begins to run then : Clarion &c. R. R. v. Hamilton, 127 Pa. 1, 1889; Crescent Twp. Road, 18 Pa. Super. 160, 1901; (j) a month generally means calendar month: Moore v. Houston, 3 S. & R. 168, 1817; Shapley v. Garey, 6 S. & R. 539, 1821; Thomas v. Shoemaker, 6 W. & S. 179, 1843; (k) time in 191 TIME FOR TAKING APPEALS. 126 (4)(a)-(q) Effect of Subsequent Proceedings [Chap. 7, road case is computed from date of order opening road, and not from refusal to vacate such order: Bethel Twp. Road, 44 Pa. Super. 96, 1910; (1) see also note (1) (e), this section. (4) Effect of Subsequent Proceedings, (a) Rule to rescind order in equity or subsequent rule taken to reinstate said rule will not stop running of statute : Lowenstein v. Ins. Co., 132 Pa. 410, 1890 ; (b) nor motion to open judgment or decree : Gillespie v. Campbell, 1 Sad. 145, 1885; Clarion &c. R. R. v. Hamilton, 127 Pa. 1, 1889; Miller's Est., 159 Pa. 575, 1894; (c) nor proceedings to set aside judgment: Pottsville Nat. Bank v. Cake, 12 Pa. Super. 61, 1899; (d) nor to strike off voidable judgment: Clarion &c. R. R. v. Hamilton, 127 Pa. 1, 1889; (e) Act May 20, 1891, P. L. 101, 2 Purd. 1439, pi. 15, (74, above) has not changed this: Mayer v. Brimmer, 15 Pa. Super. 451, 1900; (f) nor petition to set aside confirmation of report of auditors on account of assignee for benefit of creditors: Keim's Ap., 27 Pa. 42, 1855; (g) nor pendency of rule to show cause why road proceedings should not be set aside: Winter Ave., 23 Pa. Super. 353, 1903; (h) nor rule or petition for rehearing: Barlott v. Forney, 187 Pa. 301, 1898; Haller's Case, 44 Pa. Super. 41, 1910; (i) nor motion for rehearing on decree distributing proceeds of assignee's sale where there is no stay of pro- ceedings pending motion: Frazier's Est., 188 Pa. 415, 1898; (j) nor motion to file exceptions nunc pro tune after confirmation of viewers' report: Cassville Boro. Road, 4 Pa. Super. 511, 1897; (k) nor appeal by opposite party which is still pending and undetermined: Pitts- burg Wagon Works' Est., 204 Pa. 435, 1903; (1) nor bill of review in orphans' court: Sherwood's Est., 206 Pa. 465, 1903; (m) nor by motion to dismiss decree incorporating borough after expiration of time : Morton Boro., 15 Pa. Super. 466, 1900 ; (n) nor motion to quash writ of fi. fa. : Weil v. Frauenthal, 103 Pa. 317, 1883 ; (o) nor motion to strike off order of confirmation of report of jury of view in road cases, by one who had notice of proceedings from beginning: Salem Twp. Road, 103 Pa. 250, 1883; Wilkins Twp. Road, 4 Sadler 299, 1886; Saucon Twp. Supervisors v. Brodhead, 5 Sadler 587, 1887; Adams _ Twp. Road, 130 Pa. 190, 1889; North Franklin Twp. Road, 8 Pa. Super. 358, 1898: Winter Ave., 23 Pa. Super. 353, 1903; (p) but the court has power to stay all proceedings including the running of the statute, pending decision on rule to take appeal in forma pauperis taken prior to expiration of six months: Schrenkeisen v. Kishbaugh, 162 Pa. 45, 1894; (q) an order refusing to take off a compulsory non- 192 APPEALS FROM LOWER COURT. 126-9] No Exemptions Allowed 126 (4) (q)-(6), 127 suit is final and appeal must be taken within statutory period from that time: Farrel v. Ry., 27 Pa. Super. 127, 1905; (r) but order tak- ing off voluntary non-suit is not final and may be considered on ap- peal from final judgment though date of appeal is more than six months after date of said order: Heilman v. McKinstry, 18 Pa. Super. 70, 1901; (s) where judgment for defendant n. o. v. is reversed and judgment is entered against him, time for appeal dates from entry of such judgment: McGeehan v. Hughes, 223 Pa. 524, 1909; (t) a void judgment is no judgment at all and may be stricken from the records at any time: Clarion &c. R. R. v. Hamilton, 127 Pa. 1, 1889. (5) Entry of Judgment Necessary, (a) Appeal taken before entry of judgment on case-stated or verdict will be quashed: Harper v. Roberts, 22 Pa. 194, 1853; Kimmel v. Johnson, 18 Pa. Super. 429, 1901; Phila. v. Miller, 27 Pa. Super. 11, 1904; Wolff v. Wilson, 25 Pa. Super. 266, 1904; (b) or before sentence is entered: Marsh v. Com., 16 S. & R. 319, 1827; Com. v. Penrod, 1 W. N. C. 65, 1874; (c) or if no judgment or decree of any kind has been directed to be entered by lower court; Watkins v. Hughes, 206 Pa. 526, 1903; (d) or judgment has been entered without authority : Com. v. Mitchell, 80 Pa. 57, 1875 ; McGlue v. Phila., 105 Pa. 236, 1884. See also cases 43, note (1), above, and notes (1) (e), (3) (a) and (6), this section. (6) Premature Appeals, (a) Writ of error is premature when pro- ceedings are ancillary to undecided suit: Cake v. Cake, 106 Pa. 472, 1884; (b) or where taken before attachment issued against sheriff who has been ordered to pay money into court : Franklin Twp. v. Osier, 91 Pa. 160, 1879; (c) or where taken in proceedings under Lateral Railroad Act from order directing bond to be filed, before viewers have reported: Lake Erie Limestone Co.'s Petition, 188 Pa. 509, 1898; (d) or from order dissolving partnership and appointing receiver, but without stating account: Pantall v. Mclntyre, 197 Pa. 520, 1901; (e) or where judgment has not been entered on case-stated or verdict: see note (5), this section; see also Interlocutory Orders and Decrees in notes to 43 and 46, above. 127. No Exemptions Allowed. Hereafter there shall not be any exemptions in favor of any person from the Acts of Assembly limiting the time within which writs of error. 193 13 TIME FOR TAKING APPEALS. 128, 129 From Superior Court Computation of Time [Chap. 7, appeals or certiorari must be sued out. Act May 9, 1889, 3, P. L. 158, 2. Purd, 1434, pi. 4. (1) Extension of Time. While court has no power to extend time, yet if rule is taken, within time, for appeal in forma pauperis, court may stay all proceedings and running of statute pending decision on rule : Schrenkeisen v. Kishbaugh, 162 Pa. 45, 1894. 128. Appeals from Superior Court. An appeal from the Superior Court to the Supreme Court must be taken and perfected within three calendar months from the entry of the order, judgment or decree of the Superior Court. Act May 19, 1897, 4, P. L. 67, 2 Purd. 1434, pi. 3. (1) Perfecting Appeal Computation of Time Where Special Al- lowance is Required. In computing the three calendar months within which an appeal must be taken from the Superior Court, the time that the application for a special allowance is pending in the Supreme Court will be deducted. But the petition for allowance must be pre- sented within three months, and, if allowed, notice will be given by the prothonotary, and the praecipe for certiorari must be promptly filed and the appeal perfected within a reasonable time: Platt-Barber Co. v. Groves, 193 Pa. 475, 1899: See 167, note (1), for decisions as to time within which appeals must be perfected. 129. Computation of Time Under Statutes. Where by any existing law or rule of court, or by any law or rule of court that may hereafter be enacted and made, the per- formance or doing of any act, duty, matter, payment or thing shall be ordered and directed, and where any court shall, by special or other order, direct the performance or doing of any act, matter, payment, sentence or decree, and the period of time or duration for the performance or doing thereof shall be prescribed and fixed, such time in all cases shall be so computed as to exclude the first and include the last days of any such prescribed or fixed period, or duration of time: Provided, That whenever the last day of any such 194 TIME FOR TAKING APPEALS. 126-9] Computation of Time 129 period shall fall on Sunday, or on any day made a legal holi- day by the laws of this commonwealth, or of the United States, such day shall be omitted from the computation. Act June 20, 1883, i, P. L. 136, 4 Purd. 4759, pi. 3. (1) Computation of Time. See 126, note (3), above. 195 ENTRY OF APPEAL 130 Name of Writ [Chap. 8, CHAPTER VIII. ENTRY OF APPEAL CERTIORARI FILING RECORD. 130. Appeal, Entry of. Name of Writ. 131. Praecipe. 132. Filing Affidavit as to Delay, etc. 133. Rule to Appeal and Plead. 134. Fees. (A) Prothonotary of Appellate Court. (B) Prothonotary or Clerk of Lower Court. (C) Prothonotary or Clerk of Lower Court in Philadel- phia County. 135. Special Allowance Petition. 136. Filing of Petition Time Procedure after Allowance. 137. Costs of Filing. 138. Procedure after Notice of Allowance. 139. State Tax not Allowed. 140. Certiorari Return Time Special Order. 141. Writ Allowed for Failure to Return or Certify Whole Record. 142. Costs of Special Writs. 143. Duty of Prothonotary or Clerk of Lower Court. 144. Filing of Record Non Pros. 145. Special Return Days in Criminal Cases. (A) Supreme Court. (B) Superior Court. 130. Appeal, Entry of Name of Writ. All appellate proceedings in the Supreme Court heretofore taken by writ of error, appeal or certiorari shall hereafter be taken in a proceeding to be called an appeal. Act May 9, 1889, i, P. L. 158, 2. Purd. 1445, pl. 45- (1) Effect of Act of 1889. Modes of reviewing cases by writ of 196 ENTRY OF APPEAL 130-145] Prsecipe Filing Affidavit as to Delay 131, 132 error, appeal and certiorari, which were in use prior to the Act of 1889, still remain applicable to the same kinds of cases, the only difference being that they are now called by the same name. For distinction between writ of error, appeal and certiorari, see Chap- ter XI, 182, below. (2) Caution in Taking Appeal "It is good rule to allow a little time for disappointment to cool off" before taking an appeal, Mr. Chief Justice Mitchell remarks in his Hints upon Practice in Appeal, 52 Am. L. Reg. 339. He also commends to appellants' counsel the practice conspicuously Lincoln's practice of studying the other side as well as his own. The valuable suggestion is also made that it is always well to keep a lookout for fresh cases reported from week to week and not yet in the digests. "Perhaps once or twice a term it occurs that counsel say the point has been decided since they took their appeal, or the court informs them that the point has been argued and decided during the current term." Id. 131. Praecipe. The names of the parties, estate or matter shall be set forth in the praecipe for an appeal in the order and sequence in which they were recorded at the trial or hearing in the court from which the appeal shall be taken, with a substitution of proper parties in case of death or amendment, and the appeal shall be entitled as the ap- peal of , who was (plaintiff, or defendant, as the case may be), from the (judgment or decree) of the court of . Act May 9, 1889, 2, P. L. 158, 2. Purd. 1446, pi. 46. (1) Praecipe on Appeal from Superior Court after Allowance. If appeal from Superior Court is allowed, praecipe for certiorari should be promptly issued and appeal perfected by counsel after receipt of notice of allowance from prothonotary of Supreme Court: Platt-Bar- ber Co. v. Groves, 193 Pa. 475, 1899. (2) Form. For form of praecipe, see Appendix, 35 and 36. 132. Filing Affidavit as to Delay, etc. In every case in which an appeal is taken to the Supreme Court or 197 ENTRY OF APPEAL 132, 133 Affidavit as to Delay Kule to Plead [Chap. 8, Superior Court, such appeal shall be entered in the court to which the appeal is taken; and filed with the same shall be an affidavit of the parties appellant, or some one of them, or one of their chief officers, or of their agent or at- torney, that said appeal is not taken for the purpose of delay, but because appellants believe they have suffered in- justice by the sentence, order, judgment or decree from which they appeal. Such affidavit may be made before any one authorized to administer oaths. Act May 9, 1897, 1 1, P. L. 67, 2. Purd. 1447, pl- 48. (1) Who May Make Affidavit, (a) Affidavit may be made by executor or administrator : Beale v. Patterson, 6 S. & R. 89, 1820 ; (b) or by agent of corporation, though not expressly authorized: Acad- emy v. Power, 14 Pa. 442, 1850; (c) or by one of the several defen- dants on behalf of all: LaFitte v. LaFitte, 2 S. & R. 107, 1815; Hart- man v. Stahl, 2 P. & W. 223, 1830; Jones v. Backus, 114 Pa. 120, 1886. (2) Filing Affidavit Time, (a) Affidavit must be filed in all cases: Beale v. Patterson, 6 S. & R. 89, 1820; Brentlinger v. Brent- linger, 4 Rawle 241, 1833; (b) it has been held to be in time if filed during term and before motion to dismiss: Brentlinger v. Brentlinger, 4 Rawle 241, 1833; (c) in appeals to Superior Court it must be filed within three months : Page v. McNaughton Co., 2 Pa. Super. 519, 1896 (changed to six months by Act May 19, 1897, 126, above) ; (d) ap- pearance or action by appellee without objection to want of affidavit, is waiver of omission: Heckert's Ap., 13 S. & R. 104, 1825. (3) Forms. For forms of appeal and affidavit, see Appendix, 37 to 40, inclusive. 133. Rule to Appear and Plead. The prothonotary shall endorse on each appeal or writ of certiorari to re- move proceedings a rule to appear and plead at the return- day of the writ; and in default of appearance when the cause is called for argument, and on proof of ten days' ser- vice of the rule on the appellee or his counsel below, the 198 ENTRY OF APPEAL 130-145] Fees of Prothonotaries 134 court will proceed ex parte. Supreme Court Rule 16; Su- perior Court Rule 10. (1) Appearance for Appellee Entry Of. Appearance for appel- lee is not necessary, but an appearance must be made at the argu- ment or the court will proceed ex parte on proof of ten days' ser- vice of notice. For form of entry of appearance, see Appendix, 56. 134. Fees (A) Prothonotary of Appellate Court. At the time of filing the appeal, the prothonotary of the ap- pellate court shall be paid the sum of twelve dollars, which shall be in full for all his service upon any appeal taken thereto, including the preparation and certifying the re- mittitur and record to the court below, with a copy of the opinion in all cases, or for preparing and certifying the re- cord to the Supreme Court in case of an appeal thereto from the Superior Court. Act May 19, 1897, 3, P. L. 67, 2 Purd. 1447, pi. 50. (B) Prothonotary or Clerk of Lower Court. For all services in connection with any appeal, he [the pro- thonotary or clerk of the lower court] shall receive the sum of three dollars. Act May 19, 1897, 5, P. L. 67, 2 Purd. 1448, pi. 51. (C) Prothonotary or Clerk of Lower Court in Philadelphia County. The fees to be received by the sev- eral prothonotaries of the courts of common pleas of this commonwealth shall be as follows : Entering proceedings of Supreme or Superior Court, fifty cents. Entering certiorari to Supreme or Superior Court, and bond thereon, with justification, three dollars. Provided, however, that the provisions of this act shall not apply to counties having a population of less than one million. Act May i, 1907, i, P. L. 142, 5 Purd. 5492, pi. 15. 199 ENTRY OF APPEAL 135, 136 Special Allowance for Appeal from Superior Court [Chap. 8, (1) Cost of Special Allocatur. See 137 and 142, below. (2) Fees in Cases of Original Jurisdiction, etc. See 8, note (3), above. 135. Special Allowance Petition. Petitions for the allowance of an appeal from the Superior or other court .... must set forth the question involved, the opinion of the court and the grounds on which an ap- peal or other order is asked; and, where practicable, must be accompanied by copies of the paper-books. Supreme Court Rule 19. (1) When Special Allowance is Required. See 121 and note (2) for special allowance of appeal from Superior Court and 46 (D), and note (11) as to special allowance in criminal cases. For form, see Ap- pendix, 27. 136. Filing of Petition Time Procedure after Allowance. All such petitions shall be filed with the pro- thonotary of the district in which the cause is pending, and shall be presented by him to the court or the most conven- ient justice thereof. For purposes of computation of time, etc., the matter shall be deemed to be sub judice from the date of such filing. Supreme Court Rule 20. (1) Time of Presenting and Procedure on Petition for Appeal. "In the computation of this period however so far as the per-- fecting of the appeal is concerned, the time that the applica- tion is pending in this court must be deducted. . . . The correct practice is not to present it [the petition] to a single judge, but to file with the prothonotary of the proper district, who will submit it to the court, if in session, or to the most convenient member in vaca- tion. And the time of the application will be determined as of the date of such filing with the prothonotary. The Act of 1895 [Act June 24, 1895, 121, above], gives any one justice the authority to allow the appeal, and while in clear or urgent cases this authority will be exer- cised, yet the practice of the court is to consider the matter together 2OO ENTRY OF APPEAL 130-145] Special Allowance Costs Procedure 137, 138 if the court is in session, or, if not, to follow the course of our Brother Dean in the present case, and if a prima facie case is made out to grant a rule to show cause, etc. Where applications are to be made in vacation it may frequently be a matter of much trouble and embarrassment to counsel to find a judge, all of which will be avoided by filing the petition with the prothonotary. It should be accom- panied in all cases by a copy of the paper-books, the opinion of the Superior Court, and a full statement of the grounds on which the allowance of the appeal is asked. If the appeal is allowed, of which counsel will receive immediate notice from the prothonotary, the pras- cipe for a certiorari should be promptly issued, and the appeal per- fected in accordance with the statute. No exact limit of time can be fixed, but counsel will be required to be prompt, and no more than reasonable time for diligent action will be allowed ' ' : Mitchell, C. J., in Platt-Barber Co. v. Groves, 193 Pa. 475, 1899. See Backenstoe v. O'Neil, 26 C. C. 156, 1901, where the court refused to set aside execu- tion, issued after petition for allowance of appeal from Superior to Supreme Court was filed, though such petition was presented within three weeks from entry of judgment. 137. Costs of Filing. A like sum [three dollars] shall be paid the prothonotary of the Supreme Court on filing a petition for the allowance of an appeal from the Superior Court, but it shall, however, form part of the pro- thonotary's costs on the appeal if the petition is granted. Act May 19, 1897, 18, P. L. 67, 2. Purd. 1450, pi. 65. 138. Procedure after Notice of Allowance. If the prayer of the petition be granted, the prothonotary shall notify counsel for the petitioner, who must thereupon promptly file his prsecipe and perfect the appeal in accord- ance with the statute, or take such action in cases not for appeal as may be appropriate to the relief sought. Su- preme Court Rule 21. (1) Perfecting of Appeal. If the appeal is allowed, the praecipe for certiorari should be promptly issued and appeal perfected by 201 ENTRY OF APPEAL 139, 140 Certiorari [Chap. 8, counsel after receipt of notice of allowance from the prothonotary of the Supreme Court. No time limit is fixed but no more than rea- sonable time for diligent action will be allowed: Platt-Barber Co. v. Groves, 193 Pa. 475, 1899. See also 136, note (1), and 140, note (3). * 139. State Tax not Allowed. No state tax shall be allowed on any appeal to the Supreme Court or Superior Court, or on any writ or process of either of said courts. Act May 19, 1897, 3, P. L. 67, 2 Purd. 1447, pi. 50. 140. Certiorari Return Time Special Order. When an appeal has been entered the prothonotary of the appellate court shall issue a writ, in the nature of a writ of certiorari, directed to the court from which the appeal is taken, requiring said court to send to the appellate court for review the record in the cause or matter wherein is entered the sentence, order, judgment or decree appealed from on or before the Saturday prior to the first day of the week fixed by the appellate court for the argument of said appeal, and no appeal shall be considered perfected until such writ be filed in the court below. Act May 19, 1897, 2, P. L. 67, 2 Purd. 1447, pi. 49. The appellate court may, by rule or special order with- out prior notice to the court below, require said record to be prepared, certified and forwarded by the court below at an earlier date than that mentioned in the writ whenever the record may be needed in any matter connected with said appeal. Id. (1) Writ Necessary in all Cases Form. A writ in the nature of a writ of certiorari must be issued in all cases in order to bring up the record: Platt-Barber Co. v. Groves, 193 Pa. 475, 1899. For form of writ, see Appendix, 41 to 48, inclusive. (2) Custody of Record. The record is in the custody of the clerk or prothonotary of the courts: Fitzsimons v. Salomon, 2 Bin. 436, 1810. 202 ENTRY OF APPEAL 130-145] Certiorari Diminution of Record 140 (3), 141 (1) (d) (3) Filing of Writ, (a) The writ of certiorari must be filed with the prothonotary or clerk of the lower court within three weeks from the date of the judgment, order or decree appealed from in order that the appeal may operate as a supersedeas: see 167; (b) but the act does not require that the writ be filed in all cases within six months from entry of judgment, but a reasonable time will be allowed: Platt- Barber Co. v. Groves, 193 Pa. 475, 1899 ; Mehaffey v. Fink, 13 Pa. Su- per. 534, 1900; (c) an appeal is perfected when the pre- scribed affidavit has been filed and bail given for costs: Page v. Mc- Naughton Co., 2 Pa. Super. 519, 1896; (d) this act did not abrogate Equity Rule 92 requiring a statement of errors to be filed in the lower court : Barlott v. Forney, 187 Pa. 301, 1898 ; Swoope v. Wake- field, 10 Pa. Super. 342, 1899; Wilson v. Keller, 195 Pa. 98, 1900; North v. Pantall, 197 Pa. 303, 1900 ; but said rule has been abrogated and annulled by recent revision of Supreme Court Equity Rules. 141. Writ Allowed for Failure to Return or Certify Whole Record. Writs may be issued out of the Supreme Court or Superior Court as heretofore, if the court below fails or neglects to certify or send the whole record in the cause, or when the record has been returned to the lower court and is needed for further proceedings in the appel- late court. Act May 19, 1897, 18 P. L. 67, 2. Purd. 1450, pi. 65. (1) Diminution of Record, (a) Where record returned is not com- plete, proper practice is to file a petition suggesting diminution of record, in which case certiorari will be granted and record returned to court below: Bassler v. Niesly, 1 S. & R. 472, 1815; Flagg v. Searle, 31 L. I. 101, 1874; Seagrave v. Lacy, 28 Pa. Super. 586, 1905; (b) lower court, and not appellate court, must determine whether record is complete: Bassler v. Niesly, 1 S. & R. 472, 1815; (c) if president judge certifies in answer to certiorari that record is fully and perfectly returned, remedy is against judge for false return if return be un- true in fact: Bassler v. Niesly, 1 S. & R. 472, 1815; Drexel v. Man, 6 W. & S. 386, 1843; Flagg v. Searle, 31 L. I. 101, 1874; Conrow v. Schloss, 55 Pa. 28, 1867; (d) record may be returned to afford judges opportunity to see that stenographer makes proper certificate, and that all requests, or general objections, actually made in regard to the 203 ENTRY OF APPEAL 141 (1) (d)- 142 Certiorari Diminution of Record Costa [Chap. 8, charge, are noted, and their allowance or refusal stated: Wain v. Beaver, 161 Pa. 605, 1894; (e) where special return of trial judge shows record has been fully returned, court will refuse application to take depositions in mandamus proceedings in opposition to return: Com. v. Hutton, 32 Pa. Super. 66, 1906; (f) record may be remitted for purpose of correction: Darlington v. Speakman, 9 W. & S. 182, 1845; Wain v. Beaver, 161 Pa. 605, 1894; Fitzsimmons v. Robb, 173 Pa. 645, 1896; (g) but mere clerical error in entry of judgment may be corrected by appellate court: Guthrie v. Reid, 107 Pa. 251, 1885; (h) record is within reach of lower court for correction until return day or record is actually removed : Gunn v. Bowers, 126 Pa. 552, 1889 ; (i) thereafter lower court cannot make any order: Cox's Admr. v. Henry, 36 Pa. 445, 1860; Newbold v. Newbold, 1 W. N. C. 134, 1874; Martzin- ger v. Smith, 9 W. N. C. 274, 1880; (j) and diminution of record must be suggested: Newbold v. Newbold, 1 W. N. C. 134, 1874; Seagrave v. Lacy, 28 Pa. Super. 586, 1905; (k) where decree nunc pro tune was entered after record was made up, there should be special return sur diminution of record; decree should not be pinned to another paper in case: Clark v. Clark, 180 Pa. 186, 1897; (1) where transcript of tes- timony is duly approved but carbon copy, without judge's signature, is filed by mistake, appellant may, after notice to quash and with ap- proval of lower and appellate court, file original transcript without formal suggestion of diminution of record: Ripka v. Ins. Co., 36 Pa. Super. 517, 1908. (2) Forms. For forms of petition and certiorari sur diminution of record, see Appendix, 49 to 51. 142. Costs of Special Writs. For all services in con- nection with said writs, or with any other special writs, issued in appealed cases, the prothonotary of the appellate court shall be paid at the time the writ is issued the sum of $3.00, which shall, in the discretion of the appellate court, be ultimately paid by the party suing out the writ or as costs in the cause. Act of May 19, 1897, 18, P. L. 67, 2. Purd. 1450, pi. 65. 204 ENTRY OF APPEAL 130-145] Filing Record Return Days Criminal Cases 143-5 143. Duty of Prothonotary or Clerk of Lower Court. The prothonotary or clerk shall prepare and for- ward the record to the appellate court, duly certified by any judge of the court below, on or before the date men- tioned in said writ, or in such rule or special order. Act May 19, 1897, 2, P. L. 67, 2 Purd. 1447, pi. 49. (1) Practice as to Return. In Philadelphia county the prothono- tary or clerk attends to making up and return of record, filing the same at his convenience prior to return day. In other counties the practice varies; in some, the record is brought up and filed by the prothonotary or clerk as required by the act; in others by counsel on the first day of the term. (2) Record. As to what is record and as to the requisites of the record, see Chapter IX, 146 to 162, below. 144. Filing of Record Non-Pros. In all cases where the record is not returned on the return-day of the term at which the case is upon the list for agument, it shall be the duty of the prothonotary to enter a non-pros., which shall not be taken off except by order of the court. Supreme Court Rule 15; Superior Court Rule 9. (1) Return Days. For return days of the Supreme and the Su- perior Courts, see Appendix, 21 and 22. (2) Quashing. Appeal will be quashed for failure to comply with above rules : Hughes v. Cooper, 42 Pa. Super. 594, 1910. 145. Special Return Days in Criminal Cases (A) Supreme Court. The first Monday of each month shall be a special return day in each district for all appeals in cases of conviction and sentence of death for murder of the first degree. The fifth Monday after issuing the writ shall be assigned for the argument thereof. Supreme Court Rule ii. 205 CRIMINAL CASES. 145 Eeturn Days Superior Court [Chap. 8, 130-45] (B) Superior Court. The first Monday of each month shall be a special return day for all appeals in criminal cases. The fifth Monday after issuing the writ shall be assigned for the argument thereof, provided the court shall then be in session. If then in session in a place other than that in which the writ issued, the prothonotary issuing such writ shall certify the record to the place in which the court shall be sitting. If the court shall not be in session at that time, the case shall be certified to the place in which the next term shall be held. Superior Court Rule 7. 206 LOWER COURT RECORD. Synopsis of Chapter CHAPTER IX. RECORD OF COURT BELOW. 146. Whole Eecord Must be Certified to Appellate Court. 147. Charge of Court Reducing to Writing on Request Filing. 148. Points and Charge Written Answers Required Filing Civil Cases. 149. Criminal Cases. 150. Findings of Fact and Law in Equity Cases. 151. Exceptions to Evidence Criminal Cases. 152. Stenographic Notes of Proceedings Orphans' Court. 153. Common Pleas and Criminal Courts. 154. When Transcript Shall be Made. 155. Filing of Transcript Notice Practice Certification Form. 156. Excluding Part of Transcript by Agreement Order of Court Printing by Appellee Cost Printing Plans and Drawings. 157. Daily Transcript May be Required. 158. Notes to be Filed when Transcript not Required Cost to Counsel. 159. Payment for Transcript. (A) Generally. (B) Cases in Oyer and Terminer. (C) When it is Duty of Stenographer to File Transcript Without Order. 160. Hearing Before Examiner, etc. Transcript to be Furnished Evidence Compensation. 161. Exceptions, Bill of Sealing. 162. (A) Allowance by Trial Judge Unnecessary Evidence Charge Answers to Points Time and Manner of Taking. (B) Exception to Decision of Court Unnecessary Where Decision Appears in Proceedings. 207 LOWER COURT RECORD. 146 Whole Kecord Includes What [Chap. 9, 146. Whole Record Must be Certified to Appellate Court. Writs may be issued out of the Supreme Court or Superior Court as heretofore, if the court below fails or neglects to certify or send the whole record in the cause, or when the record has been returned to the lower court and is needed for further proceedings in the appellate court. Act May 19, 1897, 18, P. L. 67, 2 Purd. 1450, pi. 65- (1) Record What it Includes. Record includes copy of all docket entries made, pleadings and generally all papers filed in the case. The following have been held to be properly included: (a) Prsecipe for original writ: Fitzsimons v. Salomon, 2 Bin. 436, 1810; Wilkin- son v. Boro., 215 Pa. 486, 1906; (b) declaration and affidavit of de- fense; Maher v. Ashmead, 30 Pa. 344, 1858; Hunter v. Reilly, 36 Pa. 509, 1860; Danziger v. Williams, 91 Pa. 234, 1879; Allegheny City v. McCaffrey, 131 Pa. 137, 1890; Lane v. Sand Co., 172 Pa. 252, 1896; Hutton v. McLaughlin, 1 Pa. Super. 642, 1896; Brainerd v. Davis, 21 Pa. Super. 599, 1902; (c) replication "and issue": Brown v. Barnett, 2 Bin. 33, 1809 ; (d) petition for damages under Act June 21, 1858, P. L. 419, providing for the sale of canals: Delaware Div. Canal Co. v. McKeen, 52 Pa. 117, 1866; (e) notice to township of proceedings under Act April 15, 1834, to alter boundaries : Norwegian Twp., 20 Pa. 324, 1853; (f) paper purporting to be exemplification of record of judgment in another state: Frey v. Wells, 4 Yeates 497, 1808; (g) de- positions to support exceptions to report of viewers in road case: Bryson's Road, 2 P. & W. 207, 1830; (h) notes of testimony when properly made part of record by bill of exception: see 151-161, below; (i) opinion of court in equitable proceedings: Independence Party Nomination, 208 Pa. 108, 1904; Chester County Nominations, 213 Pa. 64, 1905; Mulholland's Case, 217 Pa. 631, 1907; Krickbaum's Election, 221 Pa. 521, 1908; (j) but not in proceedings at law unless reduced to writing and filed in accordance with Acts of 1806 and 1856, 147, below: see also note (2) (a), this section; (k) charge of court when filed at request of parties or made part of record by bill of ex- ception: see 147-149, below; (1) finding of fact and law in equity cases: see 150, below. 208 WHOLE RECORD TO BE CERTIFIED. 146-162] WhsJt not Included in Record 146 (2) (a)-(h) (2) What Record Does not Include, (a) Record does not include opinion of court below : Com. v. Church, 1 Pa. 105, 1845 ; Mauch Chunk v. Nescopek, 21 Pa. 46, 1853; Girts v. Com., 22 Pa. 351, 1853; Cath- cart v. Com., 37 Pa. 108, 1860; Bradford Twp. v. Goshen Twp., 57 Pa. 495, 1867; Plunkett's Creek Twp. v. Fairfield Twp., 58 Pa. 209, 1868; Upper Dublin Road, 94 Pa. 126, 1880; Germantown Ave., 99 Pa, 479, 1882; Owen's Petition, 140 Pa. 565, 1891; Fullerton's Est., 146 Pa. 61^ 1892; Com. v. Duff, 7 Pa. Super. 415, 1898; Com. v. Ezell, 212 Pa. 293, 1905; Carpenter v. Lancaster, 212 Pa. 581, 1905; see note (1) (i) and (j), this section, and 182, note (4) (e) ; (b) charge of court below, unless exceptions have been duly taken : Connell v. O'Neil, 154 Pa. 582, 1893; Hill v. Egan, 160 Pa. 119, 1894 ; see also 147, note (4) ; (c) evidence taken in proceedings below not made part of record by bill of exceptions or otherwise: McCabe's Case, 11 Pa. Super. 560, 1899; Meenan's Ap., 11 Pa. Super. 579, 1899; Hollander's Ap., 11 Pa. Super. 23, 1899; Brown's Case, 18 Pa. Super, 409, 1901; Weaver's Case, 20 Pa. Super. 95, 1902; Com. v. Dean, 21 Pa. Super. 641, 1902 ; Com. v. Strickland, 27 Pa. Super. 309, 1905 ; see 161, note (1) ; as to manner of getting evidence on record, see 151 to 161, below; (d) remarks of counsel in addressing jury, unlesa brought on record by exception: Fulmer v. Com., 97 Pa. 503, 1881; Com. v. Nicely, 130 Pa, 261, 1889; McCloskey v. R. R., 156 Pa. 254,. 1893; Com. v. Weber, 167 Pa. 153, 1895; Holden v. R. R., 169 Pa. 1,. 1895; Com. v. Windish, 176 Pa. 167, 1896; Com. v. Smith, 2 Pa. Super. 474, 1896; Com. v. Eisenhower, 181 Pa. 470, 1897; Speers v. Knarr, 4 Pa. Super. 80, 1897; Com. v. Dorman, 22 Pa. Super. 20, 1903; Com. v. Ezell, 212 Pa. 293, 1905 ; (e) or where trial judge refused to certify to correctness of language alleged to have been used : Com. v. Church, 17 Pa. Super. 39, 1901 ; (f ) agreement of counsel as to facts where it does not appear they were admitted of record by consent of court: Nicoll v. McCaffrey, 1 Pa. Super. 187, 1896 ; (g) matters occurring collateral, . antecedent or subsequent to decree or order appealed from: Irwin v. Gallagher, 8 S. & R. 528, 1822; Nice v. Bowman, 6 Watts 26, 1837; Bell v. Bell, 9 Watts 47, 1839; Stearly 's Ap., 3 Grant 270, 1859; Lyon's Ap., 61 Pa. 15, 1869; Clark v. Douglass, 62 Pa. 408, 1870; McFarland v. Clark, 4 W. N. C. 250, 1876; Gallagher v. Stewart, 34 L. I. 232, 1877; Walls v. Campbell, 125 Pa. 346, 1889; Evans's Est., 150. Pa. 212, 1892; American Sunday School Union v. Phila., 161 Pa. 307, 1894; Applegate- v. Cohn, 1 Pa. Super. 344, 1896; Pittsburg v. Maxwell, 179 Pa. 553,. 1897; (h) affidavits and depositions not entered as evidence in proceed- 209 14 LOWER COURT RECORD. 146 (h)- 147 Charge of Court [Chap. 9, ings in court below and not duly excepted to: Dodds v. Dodds, 9 Pa. 315, 1848; Brown v. Directors, 18 Pa. 78, 1851; Calhoun v. Logan, 22 Pa. 46, 1853; Rogers v. Ratcliffe, 23 Pa. 184, 1854; Little Britain Road, 27 Pa. 69, 1856; Catherine and Frankstown Twps., 31 Pa. 303, 1858; Thomas v. Bradfield, 15 L. 1. 165, 1859 ; Bain v. Funk, 61 Pa. 185, 1869 ; Sugar Creek v. Washington, 62 Pa. 479, 1869; Robinson v. Narber, 65 Pa. 85, 1870; Shisler v. Keavy, 75 Pa, 79, 1874; Darby v. Sharon Hill, 112 Pa. 66, 1886; France v. Ruddiman, 126 Pa. 257, 1889; White v. Rech, 171 Pa. 82, 1895; Nicoll v. McCaffrey, 1 Pa. Super. 187, 1896; Sommers v. Howey, 1 Pa. Super. 318, 1896; Alfonso's Case, 11 Pa. Super. 565, 1899; Turner v. Larkin, 12 Pa. Super. 284, 1899; Com. v. Craig, 19 Pa, Super. 81, 1902; Wyatt v. Szymanski, 38 Pa. Super. 525, 1909; Houser v. Kime, 42 Pa. Super. 483; see also 182, note (4) (a) ; (i) papers, records, etc., which were no part of proceedings in lower court: Girts v. Com., 22 Pa. 351, 1853; Hart v. Cooper, 129 Pa. 297, 1889; Lee's Est., 18 Pa. Super. 513, 1901. (3) Correction of Record. See 141, note (1). 147. Charge of Court Reducing to Writing on Re- quest of Counsel Filing. In all cases in which the judge or judges holding the Supreme Court, or court of nisi prius, circuit court, or presidents of the courts of common pleas, shall deliver the opinion of the court, if either party by himself or counsel require it, it shall be the duty of the said judges, respectively, to reduce the opinion so given, with their reasons therefor, to writing, and file the same of record in the cause. Act of Feb. 24, 1806, 25, 4 Sm. L. 270, 3 Purd. 3356, pi. i. The president judges of the several courts of common pleas of this commonwealth shall, in every case tried be- fore them respectively, upon request of any party or attor- ney concerned therein, reduce the whole opinion and charge of the court as delivered to the jury to writing, at the time of the delivery of the same, and shall forthwith file the same of record. Act of April 15, 1856, i, P. L. 337, 3 Purd. 3357, pi. 2. 210 CHARGE OF COURT. 146-162] Exceptions Necessary 147 (l)-(4) (c) (1) Charge to Jury. The Act February 24, 1806, embraces charges delivered to juries as well as opinions: Downing v. Baldwin, 1 S. & R. 298, 1815. (2) Filing Entire Charge. The Act of 1806 did not require the judge to write and file the whole charge: Reigart v. Ellmaker, 14 S. & R. 121, 1826; Munderbach v. Lutz, 14 S. & R. 125, 1826; but a party could be required to specify what portions of charge he wished filed: Meese v. Levis, 13 Pa. 384, 1850. The Act of 1856 requires the whole charge to be filed on request. (3) Reasons for Opinion. Failure to file reasons for the opinion is not ground for reversal: Morberger v. Hackenberg, 13 S. & R. 26, 1825; Kennedy v. Daily, 6 Watts 269, 1837; nor failure to file reasons for rejecting evidence : Morrison v. Moreland, 15 S. & R. 61, 1826. (4) Exception Necessary, (a) Under the Acts of 1806 and 1856, above, and also the Act of 1877, (148, below), the filing of the charge made it the subject of error without a bill of exceptions being taken : Downing v. Baldwin, 1 S. & R. 298, 1815 ; Bassler v. Niesly, 1 S. & R. 431, 1815; Wheeler v. Winn, 53 Pa. 122, 1866; (b) but the request of a party in interest that the charge be filed of record was necessary before verdict : Bratton v. Mitchell, 5 Watts 69, 1836 ; Lancaster v. DeNormandie, 1 Whar. 49, 1836 ; Holden v. Cole, 1 Pa. 303, 1845; Meese v. Levis, 13 Pa. 384, 1850; Lehigh Valley R. R. v. Hall, 61 Pa. 361, 1869; (c) it is now settled that under the above acts and the Act of May 24, 1887, P. L. 199, amended by Act May 1, 1907 (see 153, below), to enable a party to assign errors to the charge there must be, first, a general exception noted to the charge before verdict, [unless local rules of court require counsel to specify the particular parts of charge objected to], and, second, a request, before verdict, that the charge be reduced to writing from the stenographer's notes and filed of record, which request must be noted on the record : Rosen- thai v. Ehrlicher, 154 Pa. 396, 1893 ; Smith v. Times Pub. Co., 178 Pa. 481, 1896; overruling Janney v. Howard, 150 Pa. 339, 1892; Curtis v. Winston, 186 Pa. 492, 1898; Stout v. Quinn, 9 Pa. Super. 179, 1899; Kinney v. Burnhorn, 23 Pa. Super. 583, 1903 ; Leonard v. Leslie, 23 Pa. Super. 63, 1903; McConnell v. R. R., 206 Pa. 370, 1903; Cutter v. Pier- son, 26 Pa. Super. 10, 1904; Mathushek Piano Co. v. Engberry, 30 Pa. Super. 543, 1906; Sternberg v. Sklaroff, 32 Pa. Super. 116, 1906; Diet- rich v. Ins. Co., 32 Pa. Super. 234, 1906; Petri v. Carracciolo, 33 Pa. Super. 312, 1907; (d) and it should also appear that the charge was 211 LOWER COURT RECORD. 147 (d)- 148 Charge Exceptions Points Civil Cases [Chap. 9, approved and filed by direction of trial judge; Rosenthal v. Ehrlicher, 154 Pa. 396, 1893; Connell v. O'Neil, 154 Pa. 582, 1893; Hill v. Egan, 160 Pa. 119, 1894; Com. v. Arnold, 161 Pa. 320, 1894; Pool v. White, 171 Pa. 500, 1895; Phila. v. Institute, 177 Pa, 37, 1896; Smith v. Times Pub. Co., 178 Pa. 481, 1897; Petri v. Carracciolo, 33 Pa. Super. 312, 1907; (e) the filing of a stenographer's certified transcript in accord- ance with Rules of Court (see 155, below) does not dispense with the above requirements : Connell v. 'Neil, 154 Pa. 582, 1893 ; Petri v. Car- racciolo, 33 Pa. Super. 312, 1907; (f) they apply with equal force to oral instructions given at request of counsel: Wills v. Hardcastle, 19 Pa. Super. 525, 1902; Sibley v. Robertson, 212 Pa. 24, 1905; Petri v. Carracciolo, 33 Pa. Super. 312, 1907; (g) but a charge is regularly on the record without filing, if it is contained in a formal bill of excep- tions signed by the judge: Edwards v. Gimbel, 187 Pa. 78, 1898 (see appellee 's paper-book) ; the Supreme Court in this case indicated that exceptions to the charge need not be taken at the time of trial if a formal bill of exceptions is subsequently signed by trial judge; (h) failure to except to charge or file approved copy thereof is not ex- cused by general practice of lower court to direct exceptions to be noted for both parties: Christner v. John, 2 Pa. Super. 78, 1896; (i) refusal of court to answer points must be excepted to: Ensminger v. Hess, 192 Pa. 432, 1899; (j) and there must also be exception taken to answers to points: Wills v. Hardcastle, 19 Pa. Super. 525, 1902; Com. v. Mock, 23 Pa. Super. 51, 1903; Sibley v. Robertson, 212 Pa. 24, 1905; Fowler Co. v. Engine Wks., 227 Pa. 314, 1910; Com. v. Johnston, 44 Pa. Super. 218, 1910; (k) where both parties consent, exceptions may be allowed to be filed nunc pro tune after quashing appeal for want of exceptions : Pool v. White, 175 Pa. 459, 1896. 148. Points and Charge Written Answers Required Filing Civil Cases. Whenever, in the trial of a cause before any of the judges of the several courts of common pleas within this commonwealth, if any of the parties or their counsel shall request the court to charge the jury on particular points of law drawn up in writing and handed to the court before the close of the argument to the jury, the judge who charges the jury shall reduce the answers to the points in writing and read them to the jury before they re- 212 CHARGE AND POINTS. 146-162] Filing Charge, etc. Exceptions 148, (l)-(2) (a) tire from the bar to consider the verdict; and the said points and answers thereto shall be filed immediately by the court or judge, and become part of the records of the case for the purposes of error. Act of March 24, 1877, i, P. L. 38, 3 Purd. 3357, pi. 3. The charge and answers of the court to points, in all cases where filed, shall be part of the record for the pur- pose of assignment of errors. Act of March 24, 1877, 2, P. L. 38, 3 Purd. 3357, pi. 4. (1) Order of Trial Judge Necessary, (a) The charge is not of re- cord unless filed by the judge or approved by him and filed by his or- der: Rosenthal v. Ehrlicher, 154 Pa. 396, 1893; Connell v. O'Neil, 154 Pa. 582, 1893; Hill v. Egan, 160 Pa. 119, 1894; Com. v. Arnold, 161 Pa. 320, 1894; Pool v. White, 171 Pa. 500, 1895; Phila. v. Institute, 177 Pa. 37, 1896; Smith v. Times Pub. Co., 178 Pa. 481, 1897; Harris v. Trac- tion Co., 180 Pa. 184, 1897; (b) it is the personal duty of the judge to examine the exceptions, where they are merely noted by the stenogra- pher and the charge is filed of record, and to certify them by his own proper signature and his duty cannot be delegated by him or trans- ferred by the legislature to any subordinate: Com. v. Arnold, 161 Pa. 320, 1894; (c) if the trial judge is unable to file charge or allow bill of exceptions, another judge of same court may do so: Mintzer v. Hogg, 192 Pa. 137, 1899; (d) appellate court will not consider paper signed by stenographer stating that certain instructions contained in certified record had been incorrectly transcribed by him: Beringer v. Lutz, 179 Pa. 1, 1897; (e) trial judge may correct stenographer's re- port of charge: Toddes v. Hafer, 25 Pa. Super. 78, 1904; (f) he must sign record himself, and it is not enough that his signature be pasted on his notes of evidence: Yost v. Clark, 25 Pa. Super. 144, 1904; (g) an indorsement on plaintiff's points that bill was "sealed for defend- ants in all generally ' ' is insufficient : Harton v. Harton, 28 Pa. Super. 492, 1905; (i) also similar endorsement on opinion of court refusing new trial: Campbell v. Harton, 28 Pa. Super. 494, 1905. (2) Procedure Under Act 1877 Exceptions Necessary, (a) "The proper practice since the Act of 1877 is to except to the charge gen- erally before verdict, as was done before the passage of that act. The party excepting should at the same time request that the charge 213 LOWER COURT RECORD. 148 (2) (a)- 149 Charge Points Criminal Cases [Chap. 9, and answers to points be written out and filed by the stenographer. If other exceptions than that to the judge's charge have been taken, the request may relate to the notes of the trial. This request may be entered on the stenographer's notes, but the better practice is to write it out and file it with the prothonotary. The request is then granted, the formal order directing that a copy of the charge, or of the notes of the trial, as the case may be, be written out and filed, is entered on the minute book or filed in the case. The stenographer then makes and files the copy, and the record is completely made up. Upon an appeal the appellant may assign error to every ruling upon the ad- mission or rejection of evidence which was excepted to on the trial, and to any instruction appearing in the charge, or any answer to points, whether the particular point has been previously made the sub- ject of an exception or not." Per Williams, J., in Rosenthal v. Ehr- licher, 154 Pa. 396, 1893. See cases under 147, note (4). (b) Re- fusal of court to answer points, or answers thereto, must be excepted to in order to assign error thereto: Ensminger v. Hess, 192 Pa. 432, 1899; Wills v. Hardcastle, 19 Pa. Super. 525, 1902; Com. v. Mock, 23 Pa. Super. 51, 1903 ; Sibley v. Robertson, 212 Pa. 24, 1905. (3) Failure to Answer Points. Failure of court to answer points is not reversible error if such points were sufficiently answered in the general charge. For cases on this subject, see 228, note (22), below. 149. - Criminal Cases. If during the trial upon any indictment for murder or voluntary manslaughter, the court shall be required by the defendant or defendants to give an opinion upon any point submitted and stated in writing, it shall be the duty of the court to answer the same fully, and file the point and answer with the records of the case. Act March 31, 1860, 58, P. L. 427, 2, Purd. 1463, pi. 84- (1) Practice, (a) Answers to points submitted are required to be filed of record in homicide cases: Haines v. Com. 99 Pa. 410, 1882; (b) under Act May 19, 1874, (151, below) providing that exceptions in all other criminal cases may be taken as in civil cases, it is not required that court shall file charge in writing or answers to points or rulings on questions of evidence in those cases : Haines v. Com., 99 Pa. 410, 1882. 214 EQUITY CASES. 146-162] Findings of Fact and Law 150 150. Findings of Fact and Law in Equity Cases. The counsel for the respective parties may present to the judge, sitting as chancellor, requests for findings both of fact and law. After hearing the evidence, and the argument of counsel, the judge may adopt or affirm these requests, or any of them, qualify or deny them, or state his findings of fact or of law in his own language. The requests so pre- sented, with the answers thereto, and the findings of the judge, both of law and fact, shall be filed by the prothono- tary, and become thereby part of the record of the court in the said case. Supreme Court Equity Rule 62. (1) Duty of the Court Findings, (a) It is the duty of the court to set forth the findings of fact and conclusions of law in such de- tail as to relieve the Supreme Court from finding facts for itself and drawing its own conclusions, as well as to give the parties an op- portunity to except to the findings of fact on which the decree may partly, if not wholly, be predicated: Fitzsimmons v. Robb, 173 Pa. 645, 1896; Pittsburg Stove Co. v. Stove Co., 208 Pa. 37, 1904; Gaynor v. Quinn, 212 Pa. 362, 1905 ; Hastings Water Co. v. Boro., 216 Pa. 178, 1907; (b) but the court will not reverse where the findings are not ex- pressed in separate and numbered clauses, provided they are ex- pressed severally and are easily capable of separate consideration: Schmidt v. Baizley, 184 Pa. 527, 1898; Zerbey v. Allan, 215 Pa. 383, 1906 ; (c) and where a finding of the only fact in issue is embodied in the decree, it will be considered a substantial compliance with the rule: Pfeifer v. Rabiser, 2 Pa. Super. 355, 1896; (d) Supreme Court will reverse a decree of the court of common pleas appointing a re- ceiver where the court below made no findings of the facts upon which the decree was based : James v. Weir, 213 Pa. 135, 1905. (2) Exceptions Necessary. Equity Rule 67 (184 (B)), provides that on appeal to Supreme or Superior Court only such matters as have been excepted to and passed upon by lower court shall be as- signed for error. This rule is mandatory: Beatty v. Harris, 205 Pa. 377, 1903; Phila. etc., Ry. v. Ry., 206 Pa. 343, 1903; Black v. Black, 206 Pa. 116, 1903; Swope v. Snyder, 209 Pa, 352, 1904; Kenworthy v. Trust Co., 218 Pa. 286, 1907; Thomas v. Borden, 222 Pa. 184, 1908; Page v. Lytle, 229 Pa. 198, 1910. 215 LOWER COURT RECORD. 151, (1) (a)-(c) Exceptions to Evidence Criminal Cases [Chap. 9, 151. Exceptions to Evidence Criminal Cases. Upon the trial of any indictment for murder or voluntary man- slaughter it shall and may be lawful for the defendant or defendants to except to any decision of the court upon any point of evidence or law, which exception shall be noted by the court, and filed of record as in civil cases, and a writ of error to the Supreme Court may be taken by the defen- dant or defendants, after conviction and sentence. Act March 31, 1860, 57, P. L. 2 Purd. 1463, pi. 83. On the trial of all cases of felonious homicide, and all such other criminal cases as are exclusively triable and punishable in the courts of oyer and terminer and gen- eral jail delivery, exception to any decision of the court may be made by the defendant, and a bill thereof shall be sealed, in the same manner as is provided and practiced in civil cases ; and the accused, after conviction and sentence, may remove the indictment, record and all proceedings to the Supreme Court In all other criminal cases, exceptions, as aforesaid, may be taken, and in cases charging the offence of nuisance, or forcible entry and de- tainer, or forcible detainer, exceptions to any decision or ruling of the court may also be taken by the common- wealth, and writs of error and certiorari, as hereinbefore provided, may be issued from the Supreme Court to all criminal courts, when specially allowed by the Supreme Court or any Judge thereof. Act May 19, 1874, i, P. L. 219, 2 Purd. 1464, pi. 87. (1) Jurisdiction Review, (a) Right to bills of exceptions in criminal cases was not given by common law: Schoeppe v. Com., 65 Pa. 51, 1870; (b) nor by Statute of Westminster: Middleton v. Com. 2 Watts 285, 1834; (c) it depends entirely on Act of 1860, above, which extends right in cases of murder and manslaughter, and on Act of 1874, above, which extends the Statute of Westminster to all other 216 EXCEPTIONS TO EVIDENCE. 146-162] Criminal Cases 151 (1) (d)-(4) (a) cases: Haines v. Com., 99 Pa. 410, 1882; (d) but latter act does not authorize review of matters which are within the discretion of lower court: Alexander v. Com., 105 Pa. 1, 1884; (e) nor does it give right to ask court to declare the sufficiency or insufficiency of entire evi- dence to support a conviction, but allows exceptions only to decisions on points of evidence or of law : Com. v. Ferguson, 32 L. I. 127, 1875 ; (f ) when prisoner has been acquitted by jury, appellate court has no power to examine rulings of trial judge and state whether they are right or wrong: Com. v. Coble, 9 Pa. Super. 215, 1899; Com. v. Still- wagon, 13 Pa. Super. 547, 1900; (g) in cases of nuisance or forcible entry or detainer, power to grant new trial after acquittal because of a misdirection by judge, is vested solely in appellate court : Com. v. Wallace, 7 Pa. Super. 405, 1898; (h) appellant must show that a sub- stantial error has been committed: Fife v. Com., 29 Pa. 429, 1857; Com. v. Ferguson, 32 Leg. Int. 127, 1875; Com. v. Van Horn, 188 Pa. 143, 1898. (2) Exceptions, (a) Prior to Act of 1874, bill of exceptions would be considered on appeal only in cases of murder and voluntary man- slaughter, even though bill was sealed by court below: Middleton v. Com., 2 Watts 285, 1834; (b) bill may now be taken by defendant in all cases : Com. v. Ferguson, 32 L. L 127, 1875 ; Hutchison v. Com., 82 Pa. 472, 1877 ; (c) but act does not authorize review of matters of dis- cretion of court below: Alexander v. Com., 105 Pa. 1, 1884; (d) nor does the above section of Act of 1860 (amending Act Nov. 6, 1856), authorize exception to charge of court: Com. v. Jacoby, 1 Pitts. 481, 1858; but that is provided for by 58 of Act of 1860 (149, above), and also by Act of 1874; (e) appellate court can review only points so noted and filed of record: Fife v. Com., 29 Pa. 49, 1857; Hopkins v. Com., 50 Pa. 9, 1865; Johnson v. Com., 115 Pa. 369, 1886; (f) there is no general statute giving right to take exceptions in civil cases, but our practice is founded on the Statute of Westminster, 161, below. (3) Exceptions by Commonwealth. On trial of nuisance, forcible entry and detainer, and forcible detainer, exceptions may be taken by the commonwealth and bill sealed as in civil cases : Com. v. Bradney, 126 Pa. 199, 1889. Under Act May 19, 1897, 22 P. L. 67, 2 Purd. 1467, pi. 90, the requirement of a special allowance to commonwealth was repealed. See 46, notes (11), (12). (4) Kefusal of Judge to Seal Bill, (a) If trial judge refuses to seal bill, defendant may have writ under Statute of Westminster 2 217 LOWER COURT RECORD. 151 (4) (a)- 153 Stenographer's Notes [Chap. 9, (161, below) : Haines v. Com. 99 Pa. 410, 1882, (see 161, note (8) ) ; (b) he is not bound to seal bill unless presented to him within time required by rules of court : Haines v. Com., 100 Pa. 317, 1882. For Forms, see Appendix, 32, 33. 152. Stenographic Notes of Proceedings Orphans' Court. The official stenographers of the several orphans' courts shall take full stenographic notes of such proceed- ings as the judges of such courts shall direct, and, when so directed to report proceedings, shall, in any proceeding in any trial of fact, report the testimony of all witnesses examined and matters offered in evidence, and the ruling of the court upon the admission or rejection thereof, as well as the other rulings and adjudications of the trial judges. Act May i, 1907, 3, P. L. 135, 5 Purd. 6050, pi. 3. 153. Common Pleas and Criminal Courts. The of- ficial stenographers of the several courts of common pleas, when engaged in such courts, or in the courts of oyer and terminer, general jail delivery and quarter sessions of the peace, shall take full stenographic notes of the testimony in all judicial proceedings in any trial of fact, at law or in equity, together with the judge's charge, and of any and every ruling, order or remark of the trial judge, or judges, relating to the case on trial, made in the pres- ence of the jury, in any stage of the proceedings, to which ruling, order or remark either party may except in the same manner and with the same effect as is now practiced in relation to the judge's charge; and upon any trial with- out a jury, shall likewise report the proceedings, including the testimony of all witnesses examined and matters of- fered in evidence, and the rulings of the court upon the ad- mission or rejection thereof, and the findings of the court. And it shall also be the duty of such stenographers to take 218 STENOGRAPHER'S NOTES. 146-162] Transcript 154, 155 full stenographic notes of such other matters, in connection with the business of the courts, as the judges of the respec- tive courts, from time to time, may direct. Act May i, 1907, 3, p - L. 135, 5 Purd. 6050, pi. 4. The law judges of each of the several courts of oyer and terminer and general jail delivery, and of the courts of quarter sessions of the peace, shall employ the official sten- ographer or stenographers of the courts of common pleas of the particular county, to report the proceedings of the said court, whenever requested so to do by any defendant or defendants, or his, her or their counsel, before or during the trial of any case in any of said courts. Act May 5, 1911, i, P. L. 161. 154. When Transcript Shall be Made. The official stenographer shall transcribe the notes of the evidence taken upon the trial of any case, under the following cir- cumstances and those only: (a) When directed by the court so to do: or (b) when an appeal has been taken to the Supreme or Superior Court: or (c) when he shall be paid for a copy thereof by a person requesting him to tran- scribe it. Act May n, 1911, 3, P. L. 279. (1) Death of Stenographer before Transcribing Notes. When stenographer dies before translating notes, and no one is able to translate them, their loss may be supplied in same manner as lost or destroyed records : Walter v. Sun Fire Office, 165 Pa. 381, 1895. 155. Filing of Transcript Notice Practice Certi- fication Form. When the evidence in any case is trans- scribed, it shall be the duty of the official stenographer to lodge the same with the prothonotary or clerk of the court, and notify the parties interested or their counsel that the same will be duly certified and filed, so as to become part of the record, if no objections be made thereto within fif- 219 LOWER COURT RECORD. 155 Stenographer's Notes Transcript [Chap. 9, teen days after such notice. If objections be made, the matter shall be heard by the court, and such order made regarding the same as shall be necessary in order to com- port with the occurrences at the trial. If no objections be made, or when, after objection, the transcript shall have been so made to comport with the occurrences at the trial, said transcript shall be duly certified by the official sten- ographer and by the trial judge, shall be filed of record in the case, and shall be treated as official and part of said record for the purposes of review upon appeal, and shall be considered as prima facie accurate whenever thereafter offered in evidence in the same or any other proceeding, without the necessity of calling the stenographer as a wit- ness to prove the same. Act May n, 1911, 4, P. L. 279. Every official stenographer shall make, or cause to be made, from his stenographic notes of any trial or other matter of which a copy may be required, a correct type written copy or copies, as hereinafter provided ; and to the filing copy shall attach a certificate in the following form: I hereby certify that the proceedings, evidence and charge are contained fully and accurately in the notes taken by me on the trial of the above cause, and that this copy is a correct transcript of the same. Official Stenographer. And in the case of any trial or proceeding before a court, without a jury, shall attach a certificate in the same form, omitting reference to the charge. Act May I, 1907, 4, P. L. 135, 5 Purd. 6051, pi. 5. Such transcript shall be approved by the trial judge, if correct, by endorsing as follows: The foregoing record of the proceedings upon the trial 220 STENOGRAPHER'S NOTES. 146-162] Certification of Notes 155, (1) (a)-(i) of the above cause, is hereby approved and directed to be filed. Judge. Act May i, 1907, 5, P. L. 135, 5 Purd. 6051, pi. 7. (1) Certification of Notes, (a) Appeal will be quashed where notes of testimony have not been certified or approved by court: Hill v. Egan, 160 Pa. 119, 1894; Pool v. White, 171 Pa. 500, 1895; Harris v. Traction Co., 180 Pa. 184, 1897; Yoast v. Beatty, 12 Pa. Super. 219, 1900; Herlehy v. Shrader, 20 Pa. Super. 438, 1902; Com. v. Barton, 20 Pa. Super. 447, 1902; O'Brien's Est., 22 Pa. Super. 475, 1903; Levy v. Singer Co., 32 Pa. Super. 117, 1907; Dietrich v. Ins. Co., 32 Pa. Super. 234, 1906; Thompson v. Petriello, 33 Pa. Super. 651, 1907; Crane Marks Co. v. Gordon, 33 Pa. Super. 315, 1907; Thomas v. ttor- den, 222 Pa. 184, 1908; Lister v. Telephone Co., 39 Pa. Super. 321, 1909; Warner v. R. R., 39 Pa. Super. 282, 1909; Moyer v. Phillips, 40 Pa. Super. 1, 1909; Schmidt Brew. Co. v. Transit Co., 42 Pa. Super. 168, 1910; Fitzpatrick v. Mortimer, 41 Pa. Super. 587, 1910; see also 147, note (4) (c) and (d) and 161, note (1) (d) ; (b) a loose paper not attached to the stenographer's report and not filed until after the notes of testimony have been removed to the appellate court is not enough: Farley v. Ry., 32 Pa. Super. 413, 1907; American Car Co. v. R. R., 218 Pa. 519, 1907; Lister v. Telephone Co., 39 Pa. Super. 321, 1909; (c) court below cannot certify notes of testimony after record has been removed by appeal : Fox v. Seabury, 14 Dist. 57, 1905 ; Mitch- ell v. Edeburn, 37 Pa. Super. 223, 1908; (d) where notes are properly certified, but carbon copy, without judge's signature, is sent up with record, original may be brought up after motion to quash: Ripka v. Ins. Co., 36 Pa. Super. 517, 1908; (e) signature of judge pasted on stenographer's notes without knowledge of judge is insufficient : Yoas* v. Clark, 25 Pa. Super. 144, 1904; (f) nor is signature of court sten- ographer sufficient: Beringer v. Lutz, 179 Pa. 1, 1897; O'Brien's Est., 22 Pa. Super. 475, 1903; (g) nor certificate of counsel that evidence as printed contains all pertinent facts: Crane Marks Co. v. Gordon, 33 Pa. Super. 315, 1907; (h) nor is it sufficient for court merely to "approve" notes of testimony: Harris v. Traction Co., 180 Pa, 184, 1897; Yoast v. Beatty, 12 Pa. Super. 219, 1900; (i) or certify that the notes are "substantially correct": Rothschild's Sons Co. v. Mc- 221 LOWER COURT RECORD. 155 (1) (j)- 156 Stenographer's Notes [Chap. 9, Laughlin, 12 Pa. Super. 612, 1900; (j) it is not necessary for court to sign each exception to findings: Mifflin Twp. Poor Dist. v. Poor Dist., 37 Pa. Super. 611, 1908 ;( k) where judge states notes are incomplete and fails to approve same, assignments of error based thereon can- not be sustained: Kershner v. Kemmerling, 24 Pa. Super. 181, 1904; (1) appeal will be quashed for want of judge's certificate, even though he died before case was called for argument in appellate court, where it appears appellant had several months to obtain such certificate: Warner v. R. R., 39 Pa. Super. 282, 1900; (m) stenographer's notes cannot be certified by a firm : Rosenthal v. Ehrlicher, 154 Pa. 396, 1893. (2) Correcting Notes, (a) The court has power to correct notes: Toddes v. Hafer, 25 Pa. Super. 78, 1904; (b) and it has been held that where trial judge states transcript is wrong in certain particulars, and that his own notes and recollections are to certain effect, the latter will be allowed to govern notwithstanding a statutory provision that stenographer's notes should be considered best evidence in case of dispute: Com. v. Fitzpatrick, 1 Pa. Super. 518, 1896; Com. v. Van Horn, 188 Pa. 143, 1898; (c) errors in punctuation made by stenogra- pher in reporting charge should be corrected by trial judge before record is certified : Com. v. Morrison, 193 Pa. 613, 1899. 1 56. - - Excluding Part of Transcript by Agreement- Order of Court Printing by Appellee Cost Printing Plans and Drawings. The appellants and appellees, by writing filed and approved by the lower court, may agree that any part of the evidence appearing in the transcript as certified and filed shall be considered as excluded there- from upon the review of the case by the Supreme Court or Superior Court; and, if they cannot agree, the court below, upon motion of appellants and notice to appellee, may or- der that any part or portion of the evidence may be omitted by appellant in printing the transcript for the purpose of review in such case : Provided, however, That appellees may themselves print such evidence, which printing shall be at their own expense, unless it be otherwise ordered by the appellate court; or the appellate court may order any 222 STENOGRAPHER'S NOTES. 146-162] Filing Cost 157, 158 part or all thereof to be printed by appellant, whenever said court shall deem it necessary so to do. Act May n, 1911, 5, P. L. 279. When counsel do not agree as to the necessity for print- ing plans and drawings, the matter shall be submitted to the trial judge, whose decision shall be conclusive. Su- preme Court Rule 24; Superior Court Rule 21. 157. -Daily Transcript May be Required. During the progress of the trial of any cause, upon the order of the court upon its own motion, or upon motion of counsel and allowance by the court, the official stenographer reporting the proceedings shall, from the stenographic notes thereof, make three typewritten copies, and from day to day as the case progresses supply one copy to the court, one copy to the plaintiff and one copy to the defendant, or to their counsel; and within a reasonable time after the comple- tion of the trial, to certify a complete copy, as hereinbefore provided, and supply to the parties or their counsel any portion of such copies, not previously supplied, as may be necessary to complete the record. But, where the trial judge and counsel representing the parties to the cause so agree, such copies need not be made, unless subsequently directed by the court, of its own motion, or upon motion of counsel and allowance by the court. Act May i, 1907, 7, P. L. 135, 5 Purd. 6051, pi. 10. 158. - Notes to be Filed When Transcript not Re- quired Cost to Counsel. In all cases in which copies of the stenographic notes are not made or required as here- inbefore provided, it shall be the duty of the official steno- grapher to file said stenographic notes in the proper office for the record of said proceedings. If thereafter the court or counsel desire a copy or copies of the stenographic notes 223 LOWER COURT RECORD. 159 Stenographer's Notes [Chap. 9, so filed, it shall be the duty of the official stenographer to make the same; and, if ordered by the court, compensation therefor shall be made as provided in section eight of this act; and, if ordered by counsel, without an order of the court, then the compensation therefor shall be paid by the party ordering the same, at the regular rate for the tran- scription of notes, as provided in section eight of this act. Act May i, 1907, 7, P. L. 135, 5 Purd. 6052, pi. u. 159. Payment for Transcript. (A) Generally, Every official stenographer shall be paid, in addition to the compensation provided in section six of this act, fifteen cents for each one hundred words of every copy of the stenographic notes of trials and of other matters in con- nection with the business of the court, that are furnished to the court or filed of record, and five cents for each one hundred words of every copy that is given to counsel or to, parties, if ordered so that they may be typewritten at the same time with the filing copy; payment for such copies to be made by the county in which the case is pending, or for which the work is performed upon the order of the presiding judge. Act May i, 1907, 8, P. L. 135, 5 Purd. 6052, pi. 12. (B) Cases in Oyer and Terminer. In all cases tried in the several courts of oyer and terminer and general jail delivery, the defendant or defendants shall be furnish- ed with a copy of the notes of testimony taken at his, her or their request, which said notes shall be paid for by the county in which said case is tried. Act May 5, 1911, i, P. L. 161. (C) When it is Duty of Stenographer to File Tran- script Without Order Payment for which [copy of transcript filed of record in cases where it is the duty of stenographer to file same without order of court] 224 STENOGRAPHER'S NOTES. 146-162] Hearing before Master, etc. 160 shall be made in the same manner as if directed by the court, but the court may direct additional copies in such cases to be made at the same time with the filing copy as hereinbefore provided. Act May I, 1907, 7, P. L. 135, 5 Purd. 6052, pi. ii. (1) Testimony in Oyer and Terminer. See 153, above. 160. Hearing Before Examiner, etc. Transcript to be Furnished Evidence Compensation. Any official stenographer, by the agreement of the parties to any suit, action, or proceeding, or of their counsel, before any ex- aminer, master in chancery, special master, referee, com- missioner, auditor, or other like officer, appointed by any of the said courts, in any suit, action, or proceeding therein pending, may take, under the direction of any such ex- aminer, master in chancery, special master, referee, com- missioner, auditor, or like officer, full stenographic notes of such proceedings, and in such cases shall furnish to such officer, upon his request, an accurate typewritten copy of such notes ; which copy, when approved in writing by such officer and filed in the office of the proper court wherein any such suit is pending, or a copy of the copy so filed, duly certified by the clerk or prothonotary of the proper court, shall be taken and held to be prima facie correct, and shall be admissible in evidence, without the necessity of calling as a witness the stenographer who made the original steno- graphic report to prove the same. The compensation for said services shall be such as may be agreed upon between the official stenographer and the parties or their counsel; and, in the absence of agreement, then the compensation shall be at the per diem rate of section six, and the tran- script rate of section eight, of this act, together with all traveling and hotel expenses of the official stenographer 225 15 LOWER COURT RECORD. 161 Bill of Exceptions [Chap. 9, necessarily incurred in pursuance of such employment in such proceeding, to be paid by the unsuccessful party as costs in the cause, or as the court may direct. Act May I, 1907, 9, P. L- 135, 5 Purd. 6052, pi. 13. 161 Exceptions, Bill of Sealing. When one that is impleaded before any of the justices doth allege an excep- tion praying that the justices will allow it, which if they will not allow, if he that alleged the exception do write the same exception, and require that the justices will put their seals for a witness, the justices shall do so ; and if one will not, another of the company shall. And if the king, upon complaint made of the justices, cause the record to come before him, and the same exception be not found in the roll, and the plaintiff show the exception written, with the seal of the justice put to, the justice shall be com- manded that he appear at a certain day, either to confess or deny his seal. And if the justice cannot deny his seal, they shall proceed to judgment according to the same excep- tion, as it ought to be allowed or disallowed. Statute of Westminster 2, 13 Edward I, Chapter 31, Rob. Dig. 92. Allowance by Trial Judge Unnecessary. Under Act May 11, 1911, 162, below, allowance and sealing of a bill of exceptions by the trial judge are unnecessary. The following notes, in so far as they relate to the practice under the old act, may be considered as modified to the extent of the application of the new act : (1) Scope and Effect Exceptions Necessary, (a) "A bill of ex- ceptions under it [the Statute of Westminster] has been described as founded on some objection in point of law to the opinion and direc- tion of the court, either as to the competency of witnesses, the ad- missibility of evidence or the legal effect of it, or some matter of law arising upon facts not denied, in which either party is overruled by the court": Woodward, C. J., in Wheeler v. Winn, 53 Pa. 122, 1866; (b) "the office of the bill of exceptions is to bring upon the record that which otherwise would not appear"; Heydrick, J., in Janney v. 226 BILL OF EXCEPTIONS. 146-162] Scope and Effect 161 (1) (c) Howard, 150 Pa. 339, 1892; (c) "but the impression seems to have lodged in the minds of some practitioners, and even of some judges, that bills of exception are no longer necessary. There could not be a more serious misconception. A trial by jury takes place in pais, and no part of it goes on the record except the calling of the jury and their verdict, (or non-suit or other equivalent of the action of a jury) unless put there in accordance with express statutory provision. The estab- lished mode of doing this, for six hundred years, has been by bill of exception, and it is still as necessary, and as sufficient for the pur- pose, as it was when enacted by the Statute of Westminster. No bet- ter way has yet been invented, and as to matters of evidence, of wit- nesses, etc., there is no other way. . . . The recent legislation in regard to stenographers has merely changed the mode of making up the bill of exceptions, while leaving its substance untouched ' ' : Mitch- ell, J., in Connell v. O'Neil, 154 Pa. 582, 1893. (d) "The several courts are now authorized to appoint stenographic reporters. The appointment is the act of the court and should be made a matter of record. The stenographer should be sworn, and that fact, or, better, a copy of his oath of office, should appear among the records of the court. When so appointed and qualified he becomes an officer of the court appointing him. His duty is to record fully and accurately all that transpires upon the trial of causes, all the oral testimony given, and all the instructions given by the trial judge to the jury. When an offer is made to prove a fact or to use a person as a witness, the offer should be entered at length on the stenographer's notes. If an ob- jection is made to the admission of the evidence, or the person, this should also be put on the notes. When the court rules upon the offer, the ruling should be fully and correctly set down. If an exception is taken to the ruling, this should be stated. . . . When the sten- ographer's notes are completed in this manner they present a faithful transcript of all that occurred on the trial, and they show in their proper connection all that formerly went to make up a bill of exceptions. They take the place of the minutes of the trial formerly kept by the judge or under his direction, and the bills of exception formerly written out on the trial. These notes, however, do not be- come a part of the record because the stenographer certifies to their accuracy, but they are made part of the record by order of the court that they be written out and filed. When so filed they place upon the record a complete bill of exceptions upon every question on which an 227 LOWER COURT RECORD. 161 (1) (d)-(3) (d) Bill of Exceptions Scope, etc. [Chap. 9, exception was in fact taken. Nothing could be simpler in practice. Nothing could be fairer to the judge or to the parties litigant. The entire trial is literally photographed upon the record. Under such circumstances it would be a waste of time and of legal formalities to settle a bill of exceptions under the old practice. The bill is al- ready settled and on the record when the stenographer's notes are filed under the direction of the court, and they may be copied therefrom and printed without further ceremony by an appellant": Williams, J., in Rosenthal v. Ehrlicher, 154 Pa. 396, 1893. (e) It is a general rule that where record does not show exception taken to admission or rejection of evidence or to charge of the court, error cannot be assigned thereto; see note (3), this section, below, and the cross references; (f) and therefore a point not raised in the court below cannot be considered for the first time on the appeal: see 228, note (15) ; (g) bill of exceptions lies only in court of record: McKeon v. Bang, 9 Pa. 213, 1848; (h) and court is not required to grant exceptions and note them on record unless requested to do so; McGinnis v. Ins. Co., 38 Pa. Super. 390, 1909; (i) merely noting objection is not sufficient; exception must be taken and allowed: Yeager v. Fuss, 9 W. N. C. 557, 1881; Thomas v. Johnson, 175 Pa. 458, 1896; Galbraith v. Phila. Co., 2 Pa. Super. 359, 1896 ; Com. v. Dorman, 22 Pa, Super. 20, 1903 ; but see (B), below, next section; (j) party will be limited to specific objections made at trial: see 187, note (4) (b) ; (k) but general ex- ception is sufficient unless party is called upon to state specific grounds: see 187, note (4) (c). (2) Criminal Cases. The Statute of "Westminster was extended to criminal cases by Act May 19, 1874 (151, above) : Haines v. Com. 99 Pa. 410, 1882. (3) When Exceptions are Required. In general, exceptions must be taken in all cases where matters excepted to would not otherwise be part of the record. See 146, notes (1) and (2), for cases determin- ing what is part of record. For example, exception must be taken in the following cases: (a) to admission or rejection of evidence; see note (1), this section; 151; 228, notes (10) and (11); (b) to charge of court : see 147, note (4) ; 148, note (2) ; (c) where no exceptions are taken, facts stated in charge are assumed to be correct: MeNair v. McLennan, 24 Pa. 384, 1855; see as to the presumption of regular- ity, 228, note (17) ; (d) exception must be taken to judgment of court below on point reserved: see 88, note (1); (e) to refusal to 228 BILL OF EXCEPTIONS. 146-162] Required When 161 (3) (f)-(4) (e) take off non-suit : see 82, note (2) ; (f ) to findings or decree in bill in equity: see 150, note (2); (g) to refusal of binding instructions: Levy v. Singer Co., 32 Pa. Super. 117, 1906; (h) to refusal to grant new trial: Com. v. Spencer, 6 Pa. Super. 256, 1898; Com. v. Duff, 7 Pa. Super. 415, 1898; see 228, note (9); (i) to refusal to grant change of venue: Sipe v. R. R., 222 Pa. 400, 1909; (j) to refusal to allow amended statement: Com. v. Magee, 33 Pa. Super. 257, 1907; (k) under Act of April 18, 1874, P. L. 64, 2 Purd. 1436. pi. 11, where appeal is taken by plaintiff from decree discharging rule for judg- ment for want of sufficient affidavit of defense : see 50, note (2) ; (1) to secure review of law or evidence in removal order under Act March 16, 1868: see 85, note (2) ; (m) to action of court on interlocutory proceedings in attachment under Fraudulent Debtor's Act March 17, 1869, P. L. 8, 1 Purd. 263, pi. 101 ; Potter v. Graham, 8 Pa. Super. 199, 1898 ; (n) to refusal to grant leave to file additional exceptions contain- ing new matter: Lewis v. R. R., 220 Pa. 317, 1908; (o) to remarks of counsel in argument to jury: Spears v. Knarr, 4 Pa. Super. 80, 1897; Com. v. Dorman, 22 Pa. Super. 20, 1903; see also cases 146, note (2) (d) ; (p) to remarks by judge to counsel: Harris v. R. R., 156 Pa. 252, 1893; (q) to sending out statement with jury: Welliver v. Canal Co., 23 Pa. Super. 79, 1903; (r) to answer of court to question of juror: Cutter v. Pierson, 26 Pa. Super. 10, 1904; (s) to occurrence during deliberations of jury: Earon v. Mackey, 106 Pa. 452, 1884; (t) to time and circumstances of rendering verdict: Kinney v. Burnhorn, 23 Pa. Super. 583, 1903; (n) to findings of fact or law in case tried before court without jury: see 98, (B) and notes (1) and (2). (4) When Exceptions Do Not Lie. Exceptions do not lie in the following cases : (a) In proceedings by landlord to recover possession under Act April 3, 1830, P. L. 187, 2 Purd. 2199, pi. 38; McKeon v. King, 9 Pa. 213, 1848; (b) to refusal to permit removal of action brought against alien into United States Circuit Court : Carey v. Cob- bet, 2 Y. 277, 1798; (c) to opinion of court in receiving or rejecting evidence on motion for summary relief: Shortz v. Quigley, 1 Bin. 222, 1807; Brown v. Ridgway, 10 Pa. 42, 1848; Murphy v. Flood, 2 Grant 411, 1853; Bellah v. Poole, 202 Pa. 71, 1902; (d) to opinion of court expressed in charge on facts not warranted by evidence, when remedy is motion for new trial: Burd v. Dansdale, 2 Bin. 80, 1809; (e) to entry or refusal of court to enter compulsory non-suit : Girard v. Get- tig, 2 Bin. 234, 1810; such action not being reviewable: see 82, note 229 LOWER COURT RECORD. 161 (4)(f)-(5)(b) Exceptions When do not Lie [Chap. 9, (1), above; (f) to expression of opinion by court as to effect of pend- ing motion for non-suit if not withdrawn; North Penna. R. R. v. Kirk, 90 Pa. 15, 1879; (g) to refusal of court to strike out evidence received without objection; proper course is to ask court to instruct jury to disregard it : Ashton v. Sproule, 35 Pa. 492, 1860 ; Oswald v. Kennedy, 48 Pa. 9, 1864; U. S. Telegraph Co. v. Wenger, 55 Pa. 262, 1867; Yeager v. Weaver, 64 Pa. 425, 1870; Montgomery v. Cunning- ham, 104 Pa. 340, 1883; Gilmore v. R. R., 104 Pa. 275, 1884; Lowrey v. Robinson, 141 Pa. 189, 1891; McDyer v. Ry., 227 Pa. 641, 1910; (h) to opinion filed at request of commonwealth in quashing indictment: Com. v. Church, 1 Pa. 105, 1845; (i) to opinion of court on evidence returned in proceedings under poor laws : Mauch Chunk v. Nescopeck, 21 Pa. 46, 1853; Westmoreland Co. v. Conemaugh Twp., 34 Pa. 231, 1859; Bradford Twp. v. Goshen Twp., 57 Pa. 495, 1868; Plunkett's Creek Twp. v. Fairfield Twp., 58 Pa. 209, 1868; Barnes v. Com., 11 W. N. C. 575, S. C. 2 Penny. 506, 1882; (j) to evidence given before viewers to assess damages for construction of railroad : Ohio &c. R. R. v. Bradford, 19 Pa. 363, 1852; (k) to evidence to determine whether defendant asking stay of execution was freeholder: Robinson v. Nar- ber, 65 Pa., 85, 1870; (1) to evidence on hearing of rule to show cause why judgment should not be marked satisfied: Calhoun v. Logan, 22 Pa. 46, 1853; (m) to evidence on motion relative to costs: Rogers v. Ratcliffe, 23 Pa. 184, 1854; (n) nor on examination of witness on voir dire when evidence in chief was properly admitted or excluded : Brown v. Downing, 4 S. & R. 494, 1818; Quinn v. Crowell, 4 Whar. 334, 1839; (o) to inquiry of damage executed at bar of court: Bell v. Bell, 9 Watts 47, 1839; (p) to evidence as to allotment in partition: Hawk v. Jones, 24 Pa. 127, 1854; (q) in proceedings incorporating borough: Quakertown Boro., 3 Grant 203, 1855; (r) to decision in contested elec- tion case: Election Cases, 65 Pa. 20, 1870; Mann v. Cassidy, 1 Brews. 11, 1856 ; Lyon v. Dunn, 196 Pa. 90, 1900. (5) Contents of Bill. Bill of exception must contain: (a) Such facts as are necessary to comprehend points ruled and instructions given: Forsyth v. Matthews, 14 Pa. 100, 1850; Sorg v. Congregation, 63 Pa. 156, 1870; (b) fact that objection was noted at time of trial: Rearich v. Swinehart, 11 Pa. 233, 1849; Miller v. Stem, 12 Pa. 383, 1849; Yeager v. Fuss, 9 W. N. C. 557, 1881; Rosenthal v. Ehrlicher, 154 Pa. 396, 1893; Green v. Thompson, 172 Pa. 609, 1896; see 147, n. (4) ; 228, n (10) and (11) ; but see paper books and opinion in Ed- 230 BILL OF EXCEPTIONS. 146-162] Contents of 161 (5) (c)-(q) wards v. Gimbel, 187 Pa. 78, 1898, where Supreme Court reviewed case though it appeared no exceptions had been taken at trial; (c) all evidence, where court instructs jury that it is insufficient to warrant particular finding: Oakland Ry. v. Thomas, 1 Penny. 435, 1881; (d) all evidence given when rule to take off non-suit is discharged : Baker v. Lewis, 33 Pa. 301, 1858; (e) evidence necessary to understand opin- ion of court, even when opinion contains statement of evidence : Down- ing v. Baldwin, 1 S. & R. 298, 1815; Bassler v. Niesly, 1 S. & R. 431, 1815; Munderbach v. Lutz, 14 S. & R. 125, 1826; Hamilton v. Moore, 4 W. & S. 570, 1817; (f) all evidence contained in rejected offer: Wil- liams v. Williams, 34 Pa. 312, 1859; Lothrop v. Wightman, 41 Pa. 297, 1862; Wilvert v. Sunbury, 81 Vz Pa. 57, 1871; Kiel v. Com., 1 W. N. C. 347, 1875; (g) fact that matter objected to on cross examination was material: Phelin v. Kenderdine, 20 Pa. 354, 1853; (h) fact that ob- jectionable testimony was offered as rebutting declarations of same witness, under examination by opposite party: Eakman v. Sheaffer, 48 Pa. 176, 1864; (i) fact that evidence offered was material and perr tinent: Hocker v. Jamison, 2 W. & S. 438, 1841; Shortz v. Unangst, 3 W. & S. 45, 1841; (j) fact that evidence had been withdrawn: Brin- dle v. Mcllvaine, 9 S. & R. 74, 1822; (k) in what manner evidence apparently irrelevant was relevant: Davenport v. Wright, 51 Pa. 292, 1866; Freeland v. R. R., 66 Pa. 91, 1870; Clymer v. Thompson, 1 W. N. C. 261, 1875; (1) unless no offer was demanded: Richardson v. Stewart, 4 Bin. 198, 1811 ; (m) evidence objected to must be shown or exception thereto will be considered waived: Snowden v. Warder, 3 Rawle 101, 1831; see also (p), below; (n) evidence to which statute of limitations is applicable: Hamilton v. Moore, 4 W. & S. 570, 1817; (o) evidence to show want of title on rejection of offer to show no right to lease: Howard v. Murphy, 23 Pa. 173, 1854; (p) writings, such as documents, records, etc., to which objection is taken, or copy thereof attached to bill with a prout: Gratz v. Gratz., 4 Rawle 411, 1834; Stafford v. Stafford, 27 Pa. 144, 1856; Lothrup v. Wightman, 941 Pa. 297, 1862; Wilson v. Horner, 59 Pa. 155, 1869; Edwards v. Tracy, 62 Pa. 374, 1870; Aiken v. Stewart, 63 Pa. 30, 1870; Wilvert v. Sunbury, 81% Pa. 57, 1871; Kille v. Ege, 79 Pa. 15, 1875; Kiel v. Com., 1 W. N. C. 347, 1875; (q) objection to deposition that it was not attached to any commission or interrogatories or that there was no proper certificate: Hill v. Hill, 42 Pa. 198, 1862; (r) part of book entry alleged to be inadmissible should be specially objected to and 231 LOWER COURT RECORD. 161 (5) (r)-(6) Exceptions Contents of Time for Taking [Chap. 9, brought to attention of lower court : Baumgardner v. Burnham, 10 W. N. C. 445, 1881 ; (s) charge of court and answers to points, unless they have been duly filed of record as provided by statute: see 147-149; (t) all of charge relating to points excepted to and necessary to ex- plain specific answers thereto; Yardley v. Cuthbertson, 14 W. N. C. 29, 1883; (u) facts from which question of law reserved arises: Mil- ler v. Hershey, 59 Pa. 64, 1868; Central Bank v. Early, 113 Pa. 477, 1886; (v) question of law reserved: Barwell v. Wirth, 61 Pa. 133, 1869; (w) fact that no notice was given of special matter when ab- sence of notice is ground for objection : Hobson v. Croft, 9 Pa. 363, 1849; Eearich v. Swinehart, 11 Pa. 233, 1849; Miller v. Stem, 12 Pa. 383, 1849; (x) rules governing bills of exceptions in civil cases apply also to criminal cases : Hopkins v. Com., 50 Pa. 9, 1865 ; Grant v. Com., 71 Pa. 495, 1872. For form of bill of exceptions, see Appendix, 31. (6) Time for Taking Exception, (a) Exception to evidence must be taken at time of its admission or rejection by the court : Morris v. Buckley, 8 S. & R. 211, 1822; Robinson v. Snyder, 25 Pa. 203, 1855; Duvall v. Darby, 38 Pa. 56, 1861; Johnson v. Com., 115 Pa. 369, 1887; Com. v. Spencer, 6 Pa. Super. 256, 1898; Com. v. Wilson, 186 Pa. 1, 1898; Com. v. Van Horn, 188 Pa. 143, 1898; Guillon v. Redfield, 205 Pa. 293, 1903; (b) exception to charge may be taken at any time before verdict given in open court : Jones v. Ins. Co., 1 Bin. 38, 1802 ; Norris v. Ins. Co., 3 Yeates 84, 1800; Bratton v. Mitchell, 3 Pa. 44, 1846; Mc- Adams v. Stilwell, 13 Pa. 90, 1850 ; see also 147, note (4) ; but present practice requires counsel to call attention to errors in charge before jury retires, so that mistake can be corrected: see 228, note (20) (r) ; (c) but exception to charge may be allowed nunc pro tune to prevent injustice: Hill v. Egan, 160 Pa. 119, 1894; (d) or where parties agree to such filing: Pool v. White, 175 Pa. 459, 1896; (e) exception to mo- tion for jury to view premises in murder trial cannot avail even if allowed, if taken after trial: Com. v. Van Horn, 188 Pa. 143, 1898; (f) exception to refusal to strike off non-suit need not be taken at time of refusal, but may be allowed after appeal has been taken: Eisenberg v. Fraim, 15 Dist. 445, 1906 ; (g) exception to order remov- ing a pauper should be taken within reasonable time after order and before appeal: Mifflin Twp. Dist. v. District, 37 Pa. Super. 611, 1908; (h) these rules apply to criminal cases: Grant v. Com., 71 Pa. 495, 1872; Haines v. Com., 99 Pa. 410, 1882; Com. v. Ribert, 144 Pa. 413, 1891; see 151 and notes. 2.-12 BILL OF EXCEPTIONS. 146-162] Sealing Remedy Death of Judge 161 (7)-(9) (7) Time for Settling and Sealing Exceptions, (a) Bill of excep- tion, strictly speaking, should be presented and sealed during trial, but court is not bound to suspend trial until after bill is sealed ; it was required only that exception be reduced to writing and noted at the time of trial: Morris v. Buckley, 8 S. & R. 211, 1822; Stewart v. Bank, 11 S. & R. 267, 1824; (b) and presented in form for seal of judge within a reasonable time unless time was fixed by rule of court: Meese v. Levis, 13 Pa. 384, 1850; (c) this rule is intended for benefit of the judge as well as parties, and he is not bound to seal exception unless bill is presented within that time: Haines v. Com., 99 Pa. 410, 1882; Haines v. Com., 100 Pa. 317, 1882; (d) rule of court requiring settlement within certain time is for benefit of appellee and cannot be disregarded without his consent : Kirkpatrick v. Lex, 49 Pa. 122, 1865. (8) Remedy for Refusal to Seal, (a) If trial judge refuse to seal bill of exceptions, mandamus will not lie, but remedy is by petition to the Supreme Court for a special writ [for forms, see Appendix, 32 and 33] setting forth the circumstances and commanding the judge to affix his seal: Drexel v. Man, 6 W. & S. 386, 1843; Conrow v. Schloss, 55 Pa. 28, 1867; Haines v. Com., 99 Pa. 410, 1882; Reichen- bach v. Ruddach, 121 Pa. 18, 1888; Com. v. Arnold, 161 Pa. 320, 1894; (b) but he cannot be required to seal a second or separate bill: Com. v. Arnold, 161 Pa. 320, 1894; (c) demurrer will not be allowed, but petitioner may file exceptions to return of writ; and if judge in his return confess the facts and seal the bill, exceptions become a part of record ; if he deny them, petitioner has his action for false re- turn: Conrow v. Schloss, 55 Pa. 28, 1867; (d) return by trial judge is final : Haines v. Com., 99 Pa. 410, 1882 ; (e) but return should state in what respect exceptions were deficient: Reichenbach v. Ruddach, 121 Pa. 18, 1888. For decree instead of writ : 49, Appendix. (9) Death or Expiration of Term of Judge, (a) If judge's term expires or he resigns or is removed or dies before sealing of bill, proper method of obtaining bill is by eertiorari from Supreme Court: Gal- braith v. Green, 13 S. & R. 85, 1825; (b) in such case his successor may seal the bill. The practice is to present petition with bill at- tached accompanied by statement of reason for delay and affidavit that exceptions were taken at trial according to usual practice: Mc- Candless v. McWha, 20 Pa. 183, 1853 ; Warner v. R. R., 39 Pa. Super. 282, 1909 ; (c) and notes of deceased judge may be filed : Burk v. Mc- Mullen, 4 Pa. 317, 1846; (d) but appeal will be quashed where ap- 233 LOWER COURT RECORD. 162 Exceptions Stenographer Court Decision [Chap. 9, 146-162] pellant had several months prior to death of trial judge within which to procure his certification or transcript of charge, but failed to do so : Warner v. R. R., 39 Pa. Super. 282, 1909; (e) if trial judge is unable from illness to allow bill of exceptions, another judge of same court may do so : Mintzer v. Hogg, 192 Pa. 137, 1899. 162 (A) Allowance by Trial Judge Unnecessary Evidence Charge Answers to Points Time and Man- ner of Taking. From and after the passage of this act, it shall not be necessary on the trial of any case, civil or crim- inal, in any court of record in this commonwealth, for the trial judge to allow an exception to any ruling of his ; but, upon request by counsel, made immediately succeeding such ruling, the official stenographer shall note such excep- tion, and it shall thereafter have all the effect of an excep- tion duly written out, signed, and sealed by the trial judge. Act May n, 1911, i, P. L. 279. Exceptions may be taken, without allowance by the trial judge, to any part or all of the charge, or to the answers to points, for any reason that may be alleged regarding the same in the hearing of the court, before the jury retires to consider its verdict, or, thereafter, by leave of the court; and they shall be thereupon noted by the official stenogra- pher, and thereafter have all the effect of exceptions duly written out, signed and sealed by the trial judge, at the time of the trial. Act May n, 1911, 2, P. L. 279. (B) Exception to Decision of Court Unnecessary Where Decision Appears in Proceedings. Whensoever the decision of a court of record shall appear in the pro- ceedings of a case, it shall not be necessary, for the purpose of a review of that decision, to take any exception thereto ; but the case shall be heard by the appellate court with the same effect as if an exception had been duly written out, signed, and sealed by the court. Act May n, 1911, 6, P. L. 279. 234 BAIL IN ERROR. Chap. 10, 163-181] Where and how Entered 163 CHAPTER X. BAIL IN ERROR SUPERSEDEAS ALLOCATUR. 163. Bail Where and How Entered To be Fixed by Prothonotary. 164. Approval by Court Below. 165. On Appeal from Superior Court Additional Bail. 166. Surety Who May not Become. 167. Supersedeas Execution Issued Appeal Must be Perfected Within Three Weeks. 168. Not Effected Without Security Except in Certain Cases| 169. Decree Directing Payment of Money Release of Lien of Judgment. 170. Decree Directing Assignment or Delivery of Personal Prop- erty. 171. Sale of Perishable Property. 172. Decree Directing Execution of Conveyance. 173. Decree Granting Injunction. 174. Decree in Actions Involving Title or Possession of Realty. 175. Decree Dismissing or Removing Persons Acting in Fiduciary Capacity. 176. Decree for Costs. 177. Decree Within More than One Class. 178. Distribution of Account, etc., or Award of Damages. 179. Special Allocatur Required in Certain Cases. 180. Procedure to Obtain. Supreme Court. 181. Superior Court. 163. Bail Where and How Entered To be Fixed by Prothonotary. Bail upon any appeal shall be entered in the court from which the appeal is taken, shall be in the name of the commonwealth to the use of all parties inter- 235 BAIL IN ERROR. 163, (l)-(3) (e) Sureties [Chap. 10, ested, and shall be sued upon in like manner as official bonds. Except as herein otherwise provided and subject to revision by the court from which the appeal is taken, the prothonotary or clerk thereof shall fix the amount of bail and approve or reject the security offered. Act May I9> 1897, 5, P. L. 67, 2 Purd. 1447, pi. 51. (1) Entry of Bail Sureties, (a) Recognizance of bail is entered into before the prothonotary or clerk of the lower court. Although it should be duly certified and transmitted as part of the record to the Supreme Court, an omission to mark it filed or to send it up with the record does not destroy its validity: Beck v. Courtney, 13 W.N. C. 302, 1883; (b) mere fact that bond was not entered until after six months is not ground for quashing where certiorari has been duly filed within six months and no execution was issued or distribution ordered: Han- hauser v. R. R., 222 Pa. 240, 1908; see also 167, note (1) ; (c) defec- tive recognizance may derive validity from express or implied consent of parties to treat it as such : Allen v. Kellam, 94 Pa. 253, 1880 ; (d) but this does not extend to defect in substance: Wesley v. Sharpe, 19 Pa. Super. 600, 1902; See Appendix, 52 to 55, for forms. (2) Appeal Without Bail. For right to appeal without entry of bail, see 168, below. (3) Liability of Sureties, (a) Sureties are liable on a bail-bond in a cause in which there was no formal judgment, but merely a rule for judgment for want of a sufficient affidavit of defense marked absolute : Mechling v. Bank, 3 Walk. 466, 1876; (b) sureties cannot escape lia- bility by showing that appeal was not taken from judgment, but to discretion of court in refusing to set aside execution: Beck v. Court- ney, 13 W. N. C. 302, 1883; (c) ultimate liability depends on result of the original suit: Adams v. Mortland, 13 W. N. C. 221, 1882; (d) and if judgment is reversed, sureties will not be liable on writ subsequently taken: Carbondale, etc., Bank v. Cowperthwaite, 1 Wilcox 273, 1888; (e) sureties are liable only for costs accrued on appeal in case where administratrix appeals from order for attachment for failure to pay claim against the estate, which is non-prossed, but administratrix is subsequently found purged of contempt : Com. v. Luton, 12 Luz. L. Reg. Rep. 63, 1904; (f) sureties are liable only for proper costs on af- firmance of judgment for defendant under Sheriff's Interpleader Act: 236 BAIL IN ERROR. 163-181] Approval by Court below 163 (3) (f)- 164 Guyer v. Spotts, 85 Pa. 51, 1877; Com. v. McNaught, 28 Pa. Super. 369, 1905 ; (g) but on appeal in sci. fa. sur mortgage, sureties are liable for debt as well as costs : Brown v. Lovrein, 4 W. N. C. 538, 1877 ; Com. v. Cummings, 26 C. C. 140, 1902; Moyer v. Dodson, 9 Del. 398, 1905; (h) and in an action to recover purchase money on agreement of sale of real estate, sureties on appeal bond conditioned for the payment of costs and damages are liable for the amount of the bond, that being less than the purchase money : Com. v. Harvey, 51 P. L. J. (0. S.) 380, 1904; (i) where appeal by defendant is irregular and plaintiff proceeds with execution in disregard of appeal, sureties on bond are not liable for deficiency in execution : Allen v. Kellam, 94 Pa. 253, 1880 ; Geisel- man v. Shomo, 13 Pa. Super. 1, 1900; (j) sci. fa. does not lie on appeal bond which does not comply with statute, though bond has been filed : Lazarus v. Morris, 17 Dist. 804, 1907. (4) Amount of Bail Approval, (a) Bond must usually be double amount of judgment or decree and all costs : Smead v. Stuart, 194 Pa. 578, 1900; Com. v. Harvey, 51 P. L. J. (0. S.) 380, 1904; (see also 167 et seq.) ; (b) when bail is defective, appeal is not a su- persedeas: Magill v. Kauffman, 4 S. & R. 317; McKeeby v. Webster, 170 Pa. 624, 1895; Hoy v. Ins. Co., 21 Montg. 77, 1905; (c) prothonotary or clerk must approve bail: Denlenger v. Power Co., 32 Pa. Super. 418, 1907; (d) where bond is marked and filed by prothono- tary without objection, appellate court will not quash on ground that record does not show bond was approved by prothonotary: Ripka v. Ins. Co., 36 Pa. Super. 517, 1908; see also Titusville Oil Exchange, 10 Pa. Super. 496, 504, 1899. 164. Approval by Court Below. The court from \vhich an appeal is taken may make such orders as to right and justice shall belong relative to the security offered or entered, either as to approval thereof, addition thereto or substitution therefor, whenever a proper case shall be made to appear requiring the action of said court. Act May 19, 1897, 17, P. L. 67, 2. Purd. 1450, pi. 63. (1) Approval by Court. The revisory power of the court is limited to approving or disapproving the responsibility of bondsmen and does 237 BAIL IN ERROR. 165, 166 From Superior Court Who not to go Bail [Chap. 10, not extend to right to fix amount of bail: Locher's Est., 16 Dist. 787, 1907. For forms, see Appendix, 53 and 55. (2) Concurrent Power of Appellate Court. The authority of the Supreme Court to take, vacate or amend bail in error was concurrent with the common pleas: Smith v. Ramsay, 6 S. & R. 573, 1821; Hosie v. Gray, 73 Pa. 502, 1871; Kaufman v. Hirsch, 9 W. N. C. 347, 1881; Warren v. Steer, 17 W. N. C. 12, 1885; Silliman v. Whitmer, 173 Pa. 401, 1896. But see now Act 1897, 163 et seq. 165. On Appeal from Superior Court Additional Bail. No additional bail bond shall be required on appeals from the Superior Court to the Supreme Court unless, upon application of a party in interest, it shall be made to appear to the Supreme Court that the bail entered is, from any cause, insufficient; in which event the Supreme Court may require additional bail to be entered in the court from which the appeal was first taken, and, in default of the entry thereof within the time specified, may order a non- pros, or in case the order, judgment or decree of the court below is reversed by the Superior Court and final judg- ment entered for the appellant, in which event, in order to operate as a supersedeas, an appeal bond must be entered in the court from which the appeal was first taken in such amount, and with such conditions, as are required in cases of appeal from similar orders, judgments or decrees of such lower court. Act May 19, 1897, 19, P. L. 67, 2, Purd. 1450, pi. 64. 166. Surety Who May not Become. No attorney of this or any other court, sheriff's officer, bailiff or other person concerned in the execution of process, shall become bail on appeal except by special leave of the court pre- viously obtained. Supreme Court Rule 6; Superior Court Rule 5. 238 SUPERSEDEAS. 163-181] Execution Issued Appeal Perfected When 167 167. Supersedeas Execution Issued Appeal Must be Perfected Within Three Weeks. Nor shall an appeal supersede an execution issued or distribution ordered, unless taken and perfected, and bail entered in the manner herein prescribed within three weeks from such entry. Act May 19, 1897, 4, P. L. 67, 2 Purd. 1433, pi. 3. (1) Perfecting Appeal Time, (a) Under Act of 1895, amended by above act, it was held that an appeal was perfected when the pre- scribed affidavit had been filed and bail had been entered as required by the act : Marks v. Baker, 2 Pa. Super. 167, 1896 ; Page v. McNaughton Co., 2 Pa. Super. 519, 1896; (b) where appeal is not perfected within six months by filing with prothonotary of lower court as required by Act of 1897 (132, above) and notice of appeal has not been given as required by rules of court (133, above), appeal will be quashed: Me- haffy v. Fink, 13 Pa. Super. 534, 1900 ; (c) new bail entered after three weeks from judgment will not supersede execution already issued: McKeeby v. Webster, 170 Pa. 624, 1895; Hoy v. Ins. Co., 21 Montg. 77, 1905; Hoon v. Miller, 33 C. C. 7, 1906; Schock v. Light Co., 17 Dist. 561, 1907; (d) unless execution has been returned nulla bona: Com. v. Conway, 22 C. C. 428, 1899; (e) but appeal in ejectment, taken after three weeks, is not supersedeas, even though writ of habere facias pos- sessionem has not issued : Schock v. Light Co., 17 Dist 561, 1907 ; (f ) appeal in homicide case is within act and must be taken within three weeks from sentence: Com. v. Hill, 185 Pa. 385, 1898; (g) death war- rant signed by Governor is execution issued within meaning of the act : Com. v. Hill, 185 Pa. 385, 1898; (h) where prisoner is sentenced and enters bond for appearance and takes appeal without securing order for supersedeas, he cannot, after appeal is non-prossed, object to sen- tence being carried into effect because appeal was not made superse* deas or because decree directing sentence to be carried out was made after end of term: Com. v. Best, 34 Pa. Super. 219, 1907; (i) where bail is not perfected within time allowed by court appeal will not operate as supersedeas: Newhard's Est., 9 Dist. 764, 1900; (j) but mere fact that bond is not entered within six months is not ground for quashing where certiorari has been duly filed within that time and no execution was issued or distribution ordered: Hanhauser v. R. R., 222 Pa. 240, 1908; see also 136. 239 SUPERSEDEAS. 168 When effected without Bail [Chap. 10, 168. Not Effected Without Security, Except in Cer- tain Cases. Appeals may be taken from any sentence, or- der, judgment or decree without security in any proceed- ing, where by law the same is or may be allowed, but in such cases the appeal shall not operate as a supersedeas, except when a county, township or municipal corporation, or any one suing or defending in a representative capacity, is the appellant, or when the appeal is from a judgment entered in favor of the commonwealth upon an account settled by the auditor general and state treasurer, and a bond with approved security has already been given as re- quired by law, or in any other case where a bond with ap- proved security has already been entered in the court from which the appeal is taken, conditioned as herein provided for such appeal; in which cases the appeal shall operate as a supersedeas without security, and except also, that in all other cases where a corporation, other than a county, township or municipal corporation, appeals on its own be- half, such appeal shall be quashed, unless bail is given to operate as a supersedeas as by this act required. Act May 19, 1897, 15, P. L. 67, 2 Purd. 1449, pi. 61. (1) Appeals Without Security, (a) Under statutes prior to Act of 1897, appeals could not be taken without entry of security for costs : Moody 's Ap., 1 Penny. 287, 1882; Parrish's Ap., 42 L. I. 80, 1885; Marks v. Baker, 2 Pa. Super. 167, 1896; Page v. McNaughton Co., 2 Pa. Super. 519, 1896; (b) under Act 1897 appeal may be taken without security, but does not operate as supersedeas: Com. v. Hill, 185 Pa. 385, 1898; Locher's Est., 16 Dist. 787, 1907; Schock v. Light Co., 17 Dist. 561, 1907. For appeal in criminal cases, etc., see 179, below. (2) Appeal in Representative Capacity, (a) This exception does not apply where appeal by administrator is based on his own miscon- duct: Revell's Est., 28 C. C. 225 s. c. 12 Dist. 138, 1903; (b) or in case of appeal under similar circumstances by assignee for creditors: Krodel's Est., 14 Dist. 417 s. c. 22 Lane. 36, 1904; (c) where re- ceiver for railroad does not intervene in suit pending against company, 240 SUPERSEDEAS. 163-181] Decree for Payment of Money, etc. 169 and judgment is entered for plaintiff, receiver cannot appeal without filing bond : Palmer v. R. R., 215 Pa. 518, 1906. (3) Appeal by Private Corporation, (a) Appeal by private cor- poration cannot be taken without filing bond approved by prothono- tary: Denlinger v. Power Co., 32 Pa. Super. 418, 1907; (b) Act March 15, 1847, 1, P. L. 361, 2 Purd. 2126, pi. 106, which provided that any corporation, except municipal corporations, appealing or taking a writ of error must enter bail absolute for the payment of debt, interest and costs on affirmance of the judgment, was expressly repealed by Act May 19, 1897, 22, P. L. 67, 2 Purd. 1466, pi. 90, being superseded by the exception contained in the above section of the latter act. 169. Decree Directing Payment of Moneys Re- lease of Li-en of Judgment. Hereafter it shall be lawful for any one against whom an order, judgment or decree direct- ing the payment of money shall have been made by any court of record of this commonwealth, upon taking or entering an appeal to the Superior Court or the Supreme Court of this commonwealth, to enter bail in the court below in double the amount of such order, judgment or decree, with security to be approved by the said court, conditioned for the payment of the amount finally adjudged to be due upon such order, judgment or decree, including interest and costs ; or that the appellant in such cases may, in. lieu of entering such bail, deposit with the prothonotary ol the said court below, in cash, such amount as the said court shall, upon petition, deem to be sufficient to insure the payment of the amount finally adjudged to be due and owing upon said order, judgment or decree; and in either case, upon the entry of said bail or the deposit of money, as aforesaid, and upon the said appeal being perfected, the said judgment and the verdict, when such judgment has been entered on a verdict, order, or decree, shall cease to be a lien against the real estate of the appellant; and the prothonotary or clerk of the said court shall thereupon 241 16 SUPERSEDEAS. 169,170 Decrees: Money Liens Personalty [Chap. 10, mark upon the docket and upon the margin of the judg- ment index, "appeal perfected; lien discharged:" Pro- vided, however, That upon the return of the record of such judgment, order or decree to the said court below, with a remittitur certifying the said judgment, order or decree to have been affirmed in whole or in part, the prothonotary shall thereupon enter judgment, as of that date, against the appellant for the amount due upon the said judgment, order or decree as affirmed, with interest and costs as pro- vided by law. Act April 22, 1909, i, P. L. 103, 5 Purd. 54.67, pi. i. (1) What Decrees Are Included, (a) Judgments on sci. fa. sur mortgage are included: Smead v. Stuart, 194 Pa. 578, 1900; Mover v. Dodson, 9 Del. 398, 1905; (b) but not interlocutory decrees: Titusville Oil Exchange, 10 Pa. Super. 496, 1899; (c) appeal on issue d. v. n. will not supersede partition proceedings: Mushrush's Est., 23 C. C. 629, 1899. (2) Bond Liability of Sureties, (a) Bond on appeal from judg- ment on sci. fa. sur mortgage is security for debt as well as costs : Brown v. Lovrein & Co., 4 W. N. C. 538, 1878; Com. v. Cummings, 26 C. C. 140 s. c. 11 Dist. 355, 1902; (b) unless in case where mortgage expressly provides there shall be no personal liability: Hosie v. Gray, 73 Pa. 502, 1871 ; (c) bond for costs is sufficient in appeal from decree surcharging executor with money due estate, where no order to pay has been entered against him: Lafferty's Est., 19 C. C. 613, 1897; (d) damages includes debt and every other liquidated sum of money award- ed by judgment or decree against defendant; in an action to recover the purchase money on an agreement to sell real estate, bond is condi- tioned for payment of costs and damages : Com. v. Harvey, 51 P. L. J. (0. S.) 380, 1904. 170. Decree Directing Assignment or Delivery of Personal Property. An appeal from an order or decree directing the assignment or delivery of any kind of per- sonal property, shall operate as a supersedeas, if the appel- lant brings the article required to be assigned or delivered 242 SUPERSEDEAS. 163-181] Decrees: Personalty Perishable Conveyance 1702 into the court below, and gives bond with sufficient surety or sureties, in double the amount of all costs accrued and likely to accrue, or gives bond with sufficient surety or sureties in at least double the value thereof, as found by said court and the amount of said costs, and conditioned in either event that the appeal be prosecuted with effect, that the appellant will abide by and obey the order or de- cree of the appellate court and will pay all costs and dam- ages awarded by the appellate court or legally chargeable against him. Act May 19, 1897, 7, P. L. 67, 2. Purd. 1448, Pi- 53- 171. Sale of Perishable Property. Nothing herein contained shall operate to hinder the court below, in its discretion, from directing and enforcing the sale of any property that may be perishable, notwithstanding an ap- peal, the fund realized to be brought into court pending the appeal, nor to hinder the court below from proceeding with the cause appealed from in anything not affected by the subject matter of the appeal. Act May 19, 1897, 16, P. L. 67, 2 Purd. 1450, pi. 62. 172. Decree Directing Execution of Conveyance. Whenever a bill of complaint is filed, or shall heretofore have been filed, in any court of common pleas of this com- monwealth, sitting in equity, and the complainant therein prays that the defendant be compelled to specifically per- form his contract for the purchase of land, and the defend- ant in any such bill of complaint answers that the title to the land mentioned and described therein is not good and marketable, an appeal to the Supreme or Superior Court from an order, judgment or decree, directing the payment of money and the execution of any conveyance 243 SUPERSEDEAS. 172, 173 Decrees: Conveyance Injunctions [Chap. 10, or other instrument by the defendant shall operate as a supersedeas if the appellant executes the convey- ance or instrument directed, and deposits the same in the court below, and gives bond, with sufficient surety or sureties in double the amount of all costs accrued or likely to accrue, conditioned that the appeal be prosecuted with effect, that the appellant will abide by and obey the order or decree of the appellate court, and will pay all costs and damages awarded by the appellate court or legally charge- able against him. Act May 28, 1907, i, P. L. 283, 5 Purd. 5467, pi. 7, and 5467, pi. 2. 173. Decree Granting Injunction. An appeal from an order or decree granting an injunction, or relief in the nature thereof, shall operate as a supersedeas if the appel- lant gives bond with sufficient surety or sureties, in such sum as the court below shall direct, conditioned that the appeal be prosecuted with effect, that the appellant will pay all costs accrued and likely to accrue, and will pay all damages and injuries suffered by appellees from the time of decree entered until final compliance with the order en- tered on the appeal, but the court below may, notwith- scanding the appeal, make such order or decree as may be necessary to preserve the status quo pending the determi- nation of the appeal. Act May 19, 1897, 9, P. L. 67, 2 Purd. 1448, pi. 55. (1) When Supersedeas not Allowed. A supersedeas will not be allowed on appeal from decree on preliminary injunction when appel- lant had been put in possession of market stall to which he held lease which was subsequently determined to be merely a revocable license: Levenson v. Pittsburg, 54 P. L. J. (0. S.) 296, 1906. (2) Fixing Bail Status Quo. Where injunction is made perman- ent and defendants appeal, the court will fix time for hearing as to amount of bail and propriety of preserving status quo : Fuller v. Fisk, 9 Lack. Jur. 269, 1908. 244 SUPERSEDEAS. 163-181] Decrees: Realty Trustees 174-175 174. Decree in Actions Involving Title or Pos- session of Realty. An appeal in an action of ejectment or other action involving the title to or possession of real property, when the judgment below is against the party in possession, shall operate as a supersedeas if the appellant gives bond with sufficient surety or sureties in double the sum he will probably have to pay, in case the judgment be affirmed, conditioned that the appeal be prosecuted with effect, that the appellant will not commit, or suffer to be committed, any waste on the property in dispute, that he will pay whatever mesne profits, accruing after the judg- ment, shall be thereafter recovered against him, and all costs and damages awarded by the appellate court or le- gally chargeable against him. Act May 19, 1897, 10, P. L. 67, 2 Purd. 1449, pi. 56. (1) Proceedings in Eminent Domain. Appeal from judgment in issue under proceedings to condemn land for lateral railroad, oper- ates as supersedeas without entry of bond : Painter 's Lateral Railroad, 198 Pa. 461, 1901. (2) Conditions of Bond, (a) Bond must be given in double the sum appellant will probably have to pay, conditioned to prosecute appeal, commit no waste, and pay mesne profits, costs and damages: Schock v. Light Co., 17 Dist. 561, 1908; (b) when bond is not as re- quired by this section, appeal will not act as supersedeas: Lazarus v. Morris, 13 Luz. L. Reg. Rep. 401, 1907. 175. Decree Dismissing or Removing Persons Act- ing in Fiduciary Capacity. An appeal from an order or decree dismissing or removing any person acting in any fiduciary capacity whatsoever, shall operate as a superse- deas if the appellant deposits in the court below all the as- sets of the estate, as found by the court below are or should be in his hands, and gives bond with sufficient surety or sureties in double the amount of the costs accrued and like- 245 SUPERSEDEAS. 175-7 Decrees: Trustees Costs, etc. [Chap. 10, ly to accrue, or gives bond with sufficient surety or sureties in at least double the total undeposited assets of the estate, ao determined by the court below, and all said costs, and conditioned, in either event, that the appeal be prosecuted with effect, and that the appellant will pay such sum as shall be found to be due to the estate by such fiduciary, and all costs and damages awarded by the appellate court or legally chargeable against him. Act May 19,. 1897, 11, P. L. 67, 2 Purd. 1449, pi. 57. (1) Amount of Bond. On appeal from order removing executor, it is error to include value of realty in fixing amount of bond for super- sedeas: Kuntz's Est., 230 Pa. 557, 1911. 176. Decree for Costs. An appeal from an order, judgment or decree for costs only, shall operate as a su- persedeas if the appellant gives bond with sufficient surety or sureties in double the amount of all costs accrued, and likely to accrue, conditioned that the appeal be prosecuted with effect, and that the appellant will pay all costs and damages awarded by the appellate court, or legally charge- able against him. Act May 19, 1897, 13, P. L. 67, 2 Purd. 1449, pl- 59- 177. Decree Within More than One Class. An ap- peal from an order, judgment or decree which comes within more than one of the classes above referred to shall not op- erate as a supersedeas unless the bond, with sufficient surety or sureties, be in such amount and with such condi- tions as shall adequately secure the appellees, in accordance with the provisions made for all the classes within which the order, judgment or decree comes. Act May 19, 1897, 14, P. L. 67, 2 Purd. 1449, pl. 60. 246 SUPERSEDEAS. 163-181] Decrees: Account Damages Special Allocatur 178-80 178. Distribution of Account, etc., or Award of Damages. Nor shall an appeal postpone payment in ac- cordance with the final confirmation of any account, adju- dication, distribution, report or award of damages by a jury of view, except to the extent necessary to preserve the right of the appellant, unless specially so ordered by the court below or by the appellate court or by any judge thereof. Act May 19, 1897, 16, P. L. 67, 2 Purd. 1450. 179. Special Allocatur Required in Certain Cases. In appeals from judgments and decrees in mandamus, quo warranto, contested election cases, from sentences in crimi- nal proceedings and all other classes of cases not herein otherwise provided for, the appeal shall not operate as a su- persedeas unless so ordered by the court below or the ap- pellate court or any judge thereof, either by general rule or special order, and upon such terms as may be required by the court or judge granting the order of supersedeas. Act May 19, 1897, 12, P. L. 67, 2 Purd. 1449, pi. 58. (1) Power of Court to Order Supersedeas. (a) Although appeal, by terms of statute, is not supersedeas, appellate court has power to order that it shall so operate upon entry of proper bond : Silliman v. Whitmer, 173 Pa. 401, 1896 ; (b) also court below, in exercise of proper discretion : Com. v. Ewing, 176 Pa. 491, 1896. (2) Criminal Cases, (a) In capital and other criminal cases, appeal does not supersede execution issued, unless taken within three weeks from sentence, and mandate of Governor directing execution of sen- tence of death is ' ' execution issued ' ' within meaning of act : Com. v. Hill, 185 Pa. 385, 1898; (b) a supersedeas in criminal case, where de- fendant is released on bail, does not shorten sentence but merely sus- pends its execution: Com. v. Spencer, 9 Kulp 159, 1898. !8o. Procedure to Obtain Supreme Court. Petitions for .... special supersedeas or other inter- locutory order must set forth the question involved, the 247 SUPERSEDEAS. 180, 181 Special Allocatur Procedure [Chap. 10, opinion of the court and the grounds on which an .... order is asked; and, where practicable, must be accom- panied by copies of the paper-books. Supreme Court Rule. 19. All such petitions shall be filed with the prothonotary of the district in which the cause is pending, and shall be pre- sented by him to the court or the most convenient justice thereof. For the purpose of computation of time, etc., the matter shall be deemed to be sub judice from the date of such filing. Supreme Court Rule 20. In all applications for an order of supersedeas under the Act of May 19, 1897, P. L. 67, [2 Purd. 1447, pi. 48], or for any interlocutory order, the applicant shall give notice to counsel on the other side when and where the applica- tion is to be made, unless the exigency of the case be such as to impel the court or judge before whom the applica- tion is made to dispense with such notice. Supreme Court Rule 47; Superior Court Rule 37. If the prayer of the petition be granted, the prothonotary shall notify counsel for the petitioner, who must thereupon promptly file his praecipe and perfect the appeal in accord- ance with the statute, or take such action in cases not for appeal as may be appropriate to the relief sought. Supreme Court Rule 21. (1) Form of Petition. For form of petition for special allocatur, see Appendix, 30. 181. Superior Court. Petitions for the allow- ance of special supersedeas or other interlocutory order will not be entertained until after an appeal has been actu- ally taken. They must set forth the questions involved and the judgment of the court. In criminal cases they must set forth specifically and clearly the rulings com- 248 SUPERSEDEAS. 163-181] In Superior Court 181 plained of and the amount of bail which the defendant was under in the court below, and be accompanied by a copy of the indictment. Superior Court Rule 36. (1) Suspension of Proceedings. The Superior Court will not sus- pend proceedings on an appeal until an appeal to the Supreme Court is determined, when the latter appeal is not a supersedeas and it does not appear that the same questions, and those only, are raised on the appeal to the Superior Court as are raised on the appeal pending in the Supreme Court: Harris's Petition, 15 Pa. Super. 471, 1900. 249 MODES OF REVIEW. 182 All Proceedings called "Appeal." [Chap. 11, CHAPTER XL MODES OF REVIEW. 182. Appellate Proceedings Name and Procedure. 182. Appellate Proceedings Name and Procedure. All appellate proceedings in the Supreme Court hereto- fore taken by writ of error, appeal or certiorari shall here- after be taken in a proceeding to be called an appeal. Act May 9, 1889, i, P. L. 158, 2 Purd. 1445, pi. 45. (1) Modes of Review Remain Determination from Record, (a) Since the passage of this act, the modes of reviewing cases by writ of error, certiorari and appeal which were in use prior to the act, still remain applicable in the same kinds of cases, within the same limits, and with the same effect as before, the only difference being that they are now all called appeals: Rand v. King, 134 Pa. 641, 1890; (b) an appeal in name may therefore be a writ of error or a certiorari in legal effect, and it is necessary, in every case, to look into the record and determine whether what is called an appeal is such in fact, or is a writ of error or a certiorari : Rand v. King, 134 Pa. 641, 1890 ; Camp Hill Boro., 142 Pa. 511, 1891; Gates v. R. R., 154 Pa. 566, 1893; Christ- ner v. John, 171 Pa. 527, 1895; Laird's Ap., 2 Pa. Super. 300, 1896; Com. v. Tragic, 4 Pa. Super. 159, 1897; Thompson v. Preston, 5 Pa. Super. 154, 1897; Hapgood Shoe Co. v. Saupp, 7 Pa. Super. 480, 1898; Vandermis v. Gilbert, 10 Pa. Super. 570, 1899; Swoyerville Boro., 12 Pa. Super. 118, 1899; Miller v. Summers, 13 Pa. Super. 127, 1900; Dia- mond Street, 196 Pa. 254, 1900; Galeton Poor District v. Poor Dist., 18 Pa. Super. 428, 1901; Shoup v. Shoup, 205 Pa. 22, 1903; Katharine Water Co., 32 Pa. Super. 94, 1906; Com. v. Supt. Co. Prison, 220 Pa. 401, 1908 ; Campbell v. Erb, 35 Pa. Super. 436, 1908 ; Com. v. Maurer, 42 Pa. Super. 170, 1910. (2) Writ of Error Defined When Error Lies Scope of Review, (a) A writ of error was the method for reviewing proceedings which followed the course of the common law: McClemmons, v. Graham, 3 250 MODES OF REVIEW. 182] Writ of Error 182 (2) (a)-(q; Bin. 88, 1810; Fisher v. Kean, 1 Watts 259, 1832; McGinnis v. Com., 74 Pa. 245, 1874; Klein's Ap., 11 W. N. C. 449, 1882; (b) the writ lay against any final judgment, or award in the nature of a judgment, in any court of record: Com. v. Judges, 3 Bin. 273, 1810. On this writ the judgment is reviewed with reference to alleged errors of law which are pointed out by exceptions taken to the action of the trial court at the time when the rulings are made, and as a general rule the power of the Supreme Court is limited to the questions so raised: Cathcart v. Com., 37 Pa. 108, 1860; Guthrie v. Wilson, 40 Pa. 430, 1861; Warsaw Twp. v. Knox Twp., 107 Pa. 301, 1884; Montoursville Overseers v. Fairfield Overseers, 112 Pa. 99, 1886; Rand v. King, 134 Pa. 641, 1890; (c) the proper method of objecting to writ for matters not appearing on face of record is by plea or motion to quash : Davis v. Hood, 13 Pa. 171, 1850; Showers v. Showers, 27 Pa. 485, 1856; (d) in the following cases, writs of error were held to be the proper remedy from judgment of common pleas and quarter sessions; (e) from order setting aside service of attachment execution: Klein's Ap., 11 W. N. C. 449, 1882; (f) from distribution of money contrary to verdict: Fisher v. Kean, 1 Watts, 259, 1832 ; (g) from judgment on verdict on traverse to find- ing of inquest as to habitual drunkard : McGinnis v. Com., 74 Pa. 245, 1873; (h) from execution for damages for injury by dam built under authority of act providing appeal, since judgment was in action at common law: Hanover Turnpike Co. v. Craighead, 5 Pa. 470, 1846; (i) from judgment in account rendered on report of referee under Act June 16, 1836, No. 1, P. L. 717, 1 Purd. 342, pi. 2: Harris v. Sheldon, 1 Mona. 188, 1889; (j) from award of arbitrators on which judgment has been entered : Ebersoll v. Krug, 3 Bin. 528, 1811 ; Lewis v. England, 4 Bin. 5, 1811; Sicard v. Peterson, 3 S. & R. 468, 1817; Lentz v. Stroh, 6 S. & R. 34, 1820; Wilson v. Colwell, 3 Watts 212, 1834; (k) from order confirming auditors' report as to counsel fees in partition: Grubbs's Ap., 82 Pa. 23, 1876; (1) from order setting aside execution: Feagley v. Norbeck, 127 Pa. 238, 1889; (m) from refusal to take off non-suit : Short v. Willing, 1 W. N. C. 460, 1875 ; Haverly v. Mercur, 78 Pa. 257, 1875; see 82, note (1) ; (n) from order striking judgment from docket : Kittanning Ins. Co. v. Scott, 101 Pa. 449, 1882 ; Kittan- ning Ins. Co.'s Ap., 13 W. N. C. 54, 1882; (o) from order striking off municipal claim : Phila. v. Dungan, 124 Pa. 52, 1889 ; (p) from judg- ment in common pleas on forfeited recognizance: Com. v. Rhoads, 9 Pa. 488, 1849; (q) from final judgment in partition: Hawk v. Jones, 24 251 MODES OF REVIEW. 182 (2) (q)-(3) (a) Writ of Error Appeal [Chap. 11, Pa. 127, 1854; Laird v. Walkinshaw, 15 Atlan. 898, 1888; (r) from dis- missal of appeal from justice: Beale v. Dougherty, 3 Bin. 432, 1811; (s) from judgment on certiorari in summary proceedings: Com. v. Burkhart, 23 Pa. 521, 1854; (t) from judgment on certiorari in pro- ceedings before two justices of peace brought to obtain possession of land : Clark v. Yeat, 4 Bin. 185, 1811 ; Clark v. Patterson, 6 Bin. 128, 1813; Cooke v. Reinhart, 1 Rawle, 317, 1829; (u) from distribution on judgment in feigned issue: Reed's Ap., 71 Pa. 378, 1872; (v) from judgment in feigned issue if tried before jury according to course of common law ; but such writs are discouraged : Brown 's Ap., 26 Pa. 490, 1856; Christophers v. Selden, 28 Pa. 165, 1857; Brown v. Parkinson, 56 Pa. 336, 1868; (w) from judgment on verdict in issue d. v. n. : Van- sant v. Boileau, 1 Bin. 444, 1808; (x) from judgment in inquisition ad damnum: Schuylkill Nav. Co. v. Thoburn, 7 S. & R. 411, 1821; (y) from judgment in common law form under proceedings by attachment against vessel under Act Feb. 9, 1793, 3 Sm. L. 89 : Portland v. Lewis, 2 S. &R. 197, 1816; (z) from judgment on plea of nul tiel record: Todd v. Patterson, 17 S. & R. 345, 1828; Crutcher v. Com., 6 Whar. 340, 1841; (a2) in lateral railroad proceedings when court below has passed on all questions of law and fact: Hall's Ap., 56 Pa. 238, 1867; (b2) decree of partition in common pleas : Hawk v. Jones, 24 Pa. 127, 1854 ; Land's Ap., 1 Mona. 755, 1888; (d2) refusing to strike off an erron- eous judgment : Post v. Wallace, 110 Pa. 121, 1885 ; Huston Twp. Ins. Co. v. Beale, 110 Pa. 321, 1885; (e2) refusal to permit set-off of one judgment against another: McLean v. Bindley, 114 Pa. 559, 1887; (f2) arresting judgment: Skinner v. Robeson, 4 Yeates 375, 1807; Benjamin v. Armstrong, 2 S. & R. 392, 1816; (g2) or reducing judgment: Fitz- gerald v. Caldwell, Add. 119, 1793; (h2) or marking it to use of surety: Burns v. Bank, 1 P. & W. 395, 1830; Moser v. Hoch, 3 Pa. 230, 1846; (12) awarding execution. Harger v. Com'rs, 12 Pa. 251, 1849; (J2) staying execution indefinitely: Patterson v. Patterson, 27 Pa. 40, 1856; (k2) setting aside execution: Pontius v. Nesbit, 40 Pa. 309, 1861; (12) setting aside sheriff's sale: Mackaness v. Long, 85 Pa. 158, 1878. For special acts giving right to take out writ of error or appeal, see Chapter V, 48-101, above. (3) Appeal Defined When Appeal Lies Scope of Review, (a) An appeal, as it was known prior to Act of 1889, is the proper mode of review in equity and orphans' court cases and those using the equity forms: McClemmons v. Graham, 3 Bin. 88, 1810; see 229; Springer 252 MODES OF REVIEW. 182] Appeal Certiorari 182 (3) (a)-(4) (d) v. Springer, 43 Pa. 518, 1862; Horton v. Miller, 44 Pa. 256, 1863; Steel's Ap., 72 Pa. 101, 1872; Gordonier v. Billings, 77 Pa. 498, 1875; Providence Pipe Co. v. Chase, 108 Pa. 319, 1885 ; Leitz v. Hohman, 207 Pa. 289, 1904; (b) it brings up the pleadings and the evidence on which the decree rests, and makes it necessary for the appellate court to ex- amine, and see whether the decision is just and conscionable on the case that was presented to the chancellor who made it: Piper's Ap., 20 Pa. 67, 1852; Hallowell's Ap., 20 Pa. 215, 1852; Finney's Ap., 37 Pa. 323, 1860; Rand v. King, 134 Pa. 641, 1890; see also 229, note (2) (a) ; (c) no appeals lie in other cases unless expressly given by statute: Gangewere's Ap., 61 Pa. 342, 1869; Chestnut Street Case, 86 Pa. 88, 1878; Gifford v. County, 142 Pa. 408, 1891; Thomas v. Upper Merion Twp., 148 Pa. 116, 1892; Lower Merion Twp. v. Kline, 211 Pa. 559, 1905; Schmuck v. Hartman, 222 Pa. 190, 1908; (d) ap- peal is proper remedy to review decree of divorce: Miller v. Miller, 3 Bin. 30, 1810; Andrews v. Andrews, 5 S. & R. 374, 1819; Robbarts v. Robbarts, 9 S. & R. 191, 1822; see 228, note (18) (b2). For special statutes giving right to appeal, see Chapter V, 48-101, above. (4) Certiorari Defined When Certiorari Lies Scope of Review. (a) A writ of certiorari was the proper mode of reviewing the record in proceedings statutory in nature and in which no appeal was given by statute: Ruhlman v. Com., 5 Bin. 24, 1812; Kimber v. County, 20 Pa. 366, 1853; Chase v. Miller, 41 Pa. 403, 1862; Northampton County's Ap., 57 Pa. 452, 1868; Barnes v. Com., 2 Penny. 506, 1881; Dolan's Ap., 108 Pa. 564, 1885; Wetherald v. Shupe, 109 Pa. 389, 1885; Parks v. Watts, 112 Pa. 4, 1886; Diamond Street, 196 Pa. 254, 1900; Kath- arine Water Co., 32 Pa. Super. 94, 1906; Schmuck v. Hartman, 222 Pa. 190, 1908; Com. v. Layton, 45 Pa. Super. 582, 1911; (b) but the writ does not lie where a statute provides that the judgment of the lower court shall be final and conclusive; Spicer v. Rees, 5 Rawle 119, 1835; Silvergood v. Storrick, 1 Watts. 532, 1833; Carpenter's Case, 14 Pa. 486, 1850; McNeil's Election, 111 Pa. 235, 1886; Mahanoy City v. Wadlinger, 142 Pa. 308, 1891 ; (c) the writ brings up only the record : Com. v. Nathans, 5 Pa. 124, 1847; Holland v. White, 120 Pa. 228, 1888; Carlson's License, 127 Pa. 330, 1889; (d) and court will review only such errors as appear on the face of the record: Chase v. Miller, 41 Pa. 403, 1862; Peet v. Pittsburg, 96 Pa. 218, 1880; Hamilton Street, 148 Pa. 640, 1892; Keller's Private Road, 154 Pa. 547, 1893; Com. v. Ramsay, 166 Pa. 642, 1895; Plains Twp.'s Ap., 206 Pa. 556, 1903; 253 MODES OF REVIEW. 182 (4) (d)-(k) Certiorari [Chap. 11, Mulholland's Case, 217 Pa. 631, 1907; Perry Twp. Road, 36 Pa. Super. 131, 1908; (e) neither opinion of court nor evidence forms any part of record, and therefore will not be examined on certiorari : Shenango Twp. v. Wayne Twp., 34 Pa. 184, 1859; Esling's Ap., 89 Pa. 205, 1879; Mathew's Case, 92 Pa. 138, 1879; Germantown Avenue, 99 Pa. 479, 1882; McCandless Twp. Road, 110 Pa. 605, 1885; Darby v. Sharon ffill, 112 Pa. 66, 1886; Rand v. King, 134 Pa. 641, 1890; Carlson's Case, 127 Pa. 330, 1889; Nobles v. Piolett, 16 Pa. Super. 386, 1901; Herrick Twp. Road, 16 Pa. Super. 579, 1901 ; West Donegal Twp. Road, 21 Pa. Super. 620, 1902; Daughters of American Revolution v. Schen- ley, 204 Pa. 572, 1903; Com. v. Brownell, 35 Pa. Super. 249, 1908; (f) but on summary petition in case of contested nomination certificate, appellate court must look at opinion of court below, although as gen- eral rule opinion is not strictly part of record: Independence Party Nomination, 208 Pa. 108, 1904; Chester County Nominations, 213 Pa. 64, 1905; Mulhollaud's Case, 217 Pa. 631, 1907; Krickbaum's Case, 221 Pa. 521, 1908; Foy's Case, 228 Pa. 14, 1910; (g) but form and validity of nomination certificates will not be considered : Von Moss 's Case, 219 Pa. 453, 1908. In the following cases, certiorari, and not appeal or writ of error, has been held the proper remedy: (h) order dissolving or refusing to dissolve attachment under Act March 17, 1869, P. L. 8, 1 Purd. 260 et seq. : Wetherald v. Shupe, 109 Pa. 389, 1885 ; Parks v. Watts, 112 Pa. 4, 1886; Hoppes v. Houtz, 133 Pa. 34, 189); Hall v. Oyster, 168 Pa. 399, 1895 ; Moss v. Mitchell, 174 Pa. 517, 1893 ; Lafferty v. Corcoran, 175 Pa. 5, 1896 ; Slingluff v. Sisler, 193 Pa. 2G4. 1899; Ingram v. Grangers, 33 Pa. Super. 316, 1907; (i) proceedings on warrant of arrest under Act of July 12, 1842, P. L. 339, 1 Purd. 255, pi. 79: Hart v. Cooper, 129 Pa. 297, 1889; Greib v. Kuttner, 135 Pa. 281, 1890; Hapgood Shoe Co. v. Saupp, 7 Pa. Super. 480, 1898; Miller v. Summers, 13 Pa. Super. 127, 1900; Phoenix Press v. Mac- Kenzie, 32 Pa. Super. 183, 1906; (j) order granting or refusing liquor license: Berg's Petition, 139 Pa. 354, 1891; Brown's License, 18 Pa, Super. 409, 1901; Weaver's License, 20 Pa. Super. 95, 1902; Brennan's License, 33 Pa. Super. 252, 1907; Tree's Case, 33 Pa. Super. 348, 1907; Hambright's License, 42 Pa. Super. 498, 1910; Kirseh's License, 46 Pa. Super. 332, 1911; (k) in road cases: Branch Twp. Road, 4 Leg. Gaz. 413, 1872; s. c. 1 Fost. 29; Thirty-fourth Street, 81 Pa. 27, 1876; Chestnut Street, 86 Pa. 88, 1878 ; Biggert 's Ap., 1 Mona. 365, 1889 ; Dia- mond Street, 196 Pa. 254, 1900; Dennison Twp. Private Road, 13 Pa. 254 MODES OF REVIEW. 182] Certiorari 182 (4) (k)-(a2) Super. 227, 1900; Middletown Road, 15 Pa. Super. 167, 1900; Nobles v. Piolet, 16 Pa. Super. 386, 1901 ; Herrick Twp. Road, 16 Pa. Super. 579, 1901; Stowe Twp. Road, 20 Pa. Super. 404, 1902; Rostraver Twp. Road, 21 Pa. Super. 195, 1902; West Donegal Twp. Road, 21 Pa. Super. 620, 1902; Daughters of American Revolution v. Schenley, 204 Pa. 572, 1903; (1) proceedings to condemn turnpike: Morrison's Cove Turnpike, 30 Pa. Super. 51, 1906; (m) assessment of damages against railroad for property taken: Schuler v. R. R., 3 Whar. 555, 1838; (n) proceedings to determine sufficiency of bond in condemnation pro- ceedings by water company: Katharine Water Co., 32 Pa. Super. 94, 1907; (o) prosecutions for penalty under road laws: Com. v. Betts, 76 Pa. 465, 1875; (p) proceedings to annul tax assessment Schmuck v. Hartman, 222 Pa. 190, 1908; Pittsburg Supply Co.'s Tax, 38 Pa. Super. 121, 1909; (q) order in desertion proceedings: Com. v. James, 142 Pa. 32, 1891; Com. v. Tragle, 4 Pa. Super. 159, 1897; Com. v. Hart, 12 Pa. Super. 605, 1900; Com. v. Rogers, 15 Pa. Super. 461, 1900; Com. v. Smith, 200 Pa. 363, 1901; Com. v. Dean, 21 Pa. Super. 641, 1902; Com. v. Mills, 26 Pa. Super. 549, 1904; Com. v. Isaacman, 33 Pa. Super. 384, 1907; Com. v. Brownell, 35 Pa. Super. 249, 1908; Com. v. Edgar, 44 Pa. Super. 496, 1910; Com. v. Dilks, 45 Pa. Super. 339, 1911; (r) order directing father to pay certain sum per month for support of son: Walker Twp. Overseers v. Knisely, 17 Pa. Super. 415, 1901; (s) order of removal: Galeton Poor Dist. v. Poor Dist., 18 Pa. Super. 428, 1901; (t) order in extradition proceedings: Thatcher's Requisition, 18 Pa. Super. 533, 1901; Com. v. Superinten- dent County Prison, 220 Pa. 401, 1908; Com. v. Hare, 36 Pa. Super. 125, 1908; (u) order of quarter sessions dismissing appeal from bor- ough ordinance: Welsh's Ap., 22 Pa, Super. 392, 1903; (v) settlement of county lines by quarter sessions: Huntingdon Line, 8 Pa. Super. 380, 1898 ; Huntingdon Line, 14 Pa. Super. 571, 1900 ; (w) decree in- corporating or refusing to incorporate borough: Swoyerville Boro., 12 Pa. Super. 118, 1890; Rouseville Boro., 12 Pa. Super. 126, 1899; Wernersville Boro., 38 Pa. Super. 462, 1909; Melbourne Boro., 46 Pa. Super. 19, 1911; (x) proceedings for annexation of borough to city: Morrellville Boro., 7 Pa. Super. 532, 1898 ; (y) proceedings for annexa- tion of adjacent territory to borough: Camp Hill Boro., 142 Pa. 511, 1891; (z) proceedings for annexation of land to borough or township for school purposes: Elk Twp. School Dist., 146 Pa. 1, 1892; (a2) pro- ceedings to divide a municipality into election districts: Guffey's Ap., 255 MODES OF REVIEW. 182 (4) (b2)-(s2) Certiorari [Chap. 11, 7 Pa. Super. 478, 1898; Waynesburg Boro.'s North Ward, 29 Pa. Su- per. 525, 1905; (b2) order dividing township: Valley Twp. Div., 146 Pa. Ill, 1892; (c2) order certifying population of township: Spring- dale Twp., 20 Pa. Super. 381, 1902; (d2) order relative to collection of township and district debts: Plains Twp. Ap., 206 Pa. 556, 1903; (e2) settlement of accounts of township officers or judgment on report of borough auditors : Lower Merion Twp. v. Cline, 211 Pa. 559, 1905 ; Fry v. Keiter, 45 Pa. Super. 538, 1911; (f2) review of tax assessment where no appeal is given by statute: Schmuck v. Hartman, 222 Pa. 190, 1908; (g2) order striking from record satisfaction of judgment: Gilmore v. Dunleavy, 6 Pa. Super. 603, 1898 ; Shoup v. Shoup, 205 Pa. 22, 1903; Campbell v. Erb, 35 Pa. Super. 436, 1908; (h2) order taxing costs: Kelley's Impeachment, 17 Pa. Super. 344, 1901; Trimble v. Twp., 42 Pa. Super. 593, 1910; (12) discharge under insolvent laws: McDon- ough's Case, 37 Pa. 275, 1860; Owen's Pet., 140 Pa, 565, 1891; (J2) order refusing to moderate or remit forfeited rcognizance: Bross v. Com., 71 Pa. 262, 1872; Com. v. Oblender, 135 Pa. 536, 1890; Com. v. Bird, 144 Pa. 194, 1891; Com. v. Meeser, 19 Pa. Super. 1, 1902; (k2) order in habeas corpus proceedings: Com. v. McDougall, 203 Pa. 291, 1902; Com. v. Strickland, 27 Pa. Super. 309, 1905; Com. v. Supt. County Prison, 33 Pa. Super. 594, 1907; Com. v. Hare, 36 Pa. Super. 125, 1908; (12) order in adoption proceedings: Vandermis v. Gilbert, 10 Pa. Super. 570, 1899; (m2) inquisition of lunacy: Weaver's Case, 116, Pa. 225, 1887; Com. v. Harrold, 204 Pa. 154, 1902; (n2) order of court setting aside or refusing to set aside sheriff's sale: Laid's Ap., 2 Pa. Super. 300, 1896; Kutz's Ap., 4 Pa. Super. 292, 1897; (o2) possession proceedings before alderman or justice of peace by purchasers at sheriff's sale: Lenox v. McCall, 3 S. & R. 95, 1817; Bauer v. Angeny, 100 Pa. 429, 1882; (p2) refusal of common pleas to allow appeal from justice: Thompson v. Preston, 5 Pa. Super. 154, 158, 159, 1897; (q2) judgment of common pleas on certiorari reversing judgment of justice in action of trespass : Minogue v. Boro., 27 Pa. Super. 506, 1905; Yost v. Yost, 38 Pa. Super. 464, 1909; (r2) proceedings for con- tempt: HummelPs Case, 9 Watts 416, 1840; Com. v. Newton, 2 Phila. 262, 1856: (s2) application for charter or amendment to charter: First Presbyterian Church, 107 Pa. 543, 1884; Vaux's Ap., 109, Pa. 497, 1885; Grand Lodge Application, 110 Pa. 613, 1885; African M. E. Union Church, 28 Pa. Super. 193, 1905 ; Phila. Lying-in-Charity v. Hos- pital, 29 Pa. Super. 420, 1905; (t2) contested election proceedings: Wal- 256 MODES OF REVIEW. 182] Certiorari 182 (4) (t2)-(z2) lington v. Kneass, 15 Pa. 1851; Chase v. Miller, 41 Pa. 403, 1862; Election Cases, 65 Pa. 20, 1870; Carpenter's Ap., 11 W. N. C. 162, 1882; Moock v. Conrad, 155 Pa. 586, 1893; see also (f) and (g), above; (u2) proceedings on report of county auditors: Berks Co. v. Linder- man, 30 Pa. Super. 119, 1906; (v2) order removing school directors: Slippery Rock Twp. Dist., 222 Pa. 538, 1909; (w2) review of proceed- ings under Act May 2, 1899, P. L. 184, 3 Purd. 2516, pi. 1, relating to mercantile taxes: Pittsburg Supply Co. Tax, 38 Pa. Super. 121, 1909; (x2) order in habeas corpus relating to custody of child: Com. v. Maurer, 42 Pa. Super. 170, 1910; (y2) order declaring wife feme sole trader: Coles 's Case, 230 Pa. 162, 1911; (z2) summary proceedings be- fore justice relating to trespass on posted land: Com. v. Lay ton, 45 Pa. Super. 582, 1911; Com. v. Price, 45 Pa. Super. 643, 1911. 257 17 ASSIGNMENTS OF ERROR. 183 Filing Assignments [Chap. 12, CHAPTER XII. ASSIGNMENTS OF ERROR. 183. Specification of Errors Filing Non-Pros Quashing. 184. Equity Cases. (A) Question of Remedy at Law Waiver. (B) Exceptions Necessary. 185. Each Error Must be Specified Singly Exception in Case of Special Verdict. 186. Charge, Points for Charge and Answers to be Quoted. 187. Admission or Rejection of Evidence. 188. Appeals from Superior Court. 183. Specification of Errors Filing Non-Pros Quashing. Counsel for the appellant shall, on or before the return day of the term at which the case is upon the list for argument, specify in writing the particular errors which he assigns, and file the same in the prothonotary's office; and, on failure so to do, the court may non-pros the writ. Supreme Court Rule 14; Superior Court Rule 8. (1) Filing Assignments. The assignments may be printed before filing, but this is not absolutely required. The usual practice is to have them typewritten; but writing assignments in long hand is suf- ficient compliance with the rules of court. They should also be printed in their appropriate place in appellant's paper-book. See Chap. XIII, 190 et seq. (2) Assignments Mnst be Complete, (a) Assignments of error are essential part of pleadings, and each should be complete in itself giv- ing the necessary facts without reference to any part of the record 258 ASSIGNMENTS OF ERROR. 183-8] Must be Complete 183 (2) (a)-(i) which is remitted after appeal : Burkholder v. Stahl, 58 Pa. 371, 1869 ; Armstrong's Ap., 68 Pa. 409, 1871; Culin v. Glass Works, 108 Pa. 220, 1885; Landis v. Evans, 113 Pa. 332, 1886; Battles v. Sliney, 126 Pa. 460, 1889 ; Irvin v. Kutruff, 152 Pa. 609, 1893 ; Com. v. Werntz, 161 Pa. 591, 1894; Cessna's Est., 192 Pa. 14, 1899; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Wabash Ave., 26 Pa. Super. 305, 1904; Vander- slice v. Donner, 26 Pa. Super. 319, 1904; International Trust Co. v. Kleber, 29 Pa, Super. 200, 1905; Com. v. Mackey, 34 Pa. Super. 1, 1907; North Mountain Water Co. v. Troxell, 223 Pa. 315, 1909. For other cases, see 185, note (2), and 187, notes, below; (b) they should state grounds on which appellant complains of action of lower court: Com. v. Shoener, 25 Pa. Super. 526, 1904; International Trust Co. v. Kleber, 29 Pa. Super. 200, 1905; (c) and should include all facts or matters which form basis of alleged error : Plank-Road Co. v. Rine- man, 20 Pa. 99, 1852; Pottstown Boro., 117 Pa. 538, 1888; Sweeney v. Oil & Gas Co., 130 Pa. 193, 1889: Harris v. R. R., 156 Pa. 252, 1893; Norristown Boro. v. Fornance, 1 Pa. Super. 129, 1896; Coverdill v. Heath, 12 Pa. Super. 15, 1899; see also (a) this note; (d) including rulings and evidence thereon: see cases 187, note (1), below; (e) points and answers and charge of court ; see cases 186, note (1) ; (f) orders, rulings and decrees of court: Benzinger Twp. Road, 135 Pa. 176, 1890; Com. v. Beale, 19 Pa. Super. 434, 1902; Ramschuse's Est., 21 Pa. Super. 497, 1902; Wymard v. Deeds, 21 Pa. Super. 332, 1903 ; Oakland Boro. v. Boyden, 22 Pa. Super. 278, 1903 ; Com. v. Pow- ell, 23 Pa. Super. 370, 1903; O'Donnell v. Clements, 23 Pa. Super. 447, 1903; Godshalk's Est., 24 Pa. Super. 410, 1904; Barr Twp. Road, 29 Pa. Super. 203, 1905; Arnold v. Plow Co., 212 Pa. 303, 1905; Mc- Conahy v. R. R., 31 Pa. Super. 215, 1906; Com. v. Yocum, 37 Pa. Super. 237, 1908; Sipe v. R. R., 222 Pa. 400, 1909; North Mouutain Water Co. v. Troxell, 223 Pa. 315, 1909; Conneaut Lake Ice Co. v. Quigley, 225 Pa. 605, 1909; Riesmeyer v. O'Day, 45 Pa. Super. 67, 1910; see also cases 186, note (1); (g) documents: see cases 187, note (2), below; (h) and specification assigning as error a violation of court rules, should make it clearly appear that there was such vio- lation: Morrison v. Nevin, 130 Pa. 344, 1890; (i) assignment to granting of injunction should incorporate decree itself: McConahy v. R. R., 31 Pa. Super. 215, 1906 ; North Mountain Water Co. v. Troxell, 223 Pa. 315, 1909; (see also (f), this note); (j) assignment should 259 ASSIGNMENTS OF ERROR. 183 (2) (j)-(3) (a) Must be Complete [Chap. 12, refer to reservation alleged to be erroneous: Wolf v. Jacobs, 10 Pa. Super. 54, 1899 ; (k) where judgment has been entered n. o. v. on point reserved, it is not necessarj', though good practice, to set out point reserved in assignments of error: McBeth v. Newlin, 15 W. N. C. 129, 1884; (1) assignments should contain not only question excepted to but also answer to question: see cases 187, note (1) (m) it is not enough to show that improper question was asked; an injurious an- swer must be shown: Com. v. Kay, 14 Pa. Super. 376, 1900; see 187, note (1) (a) and (b) ; (n) assignment should quote full substance of bill of exceptions : see 187, note (4) (f ) ; (o) and show that an ex- ception was taken and sealed to admission or rejection of testimony: see cases 187, note (4) (a) ; (p) assignment to alleged improper re- marks of counsel must set forth such remarks and action of court thereon: Com. v. Kloss, 38 Pa. Super. 307, 1909; see 228, note (16), for mode of making such remarks part of record; (q) errors not as- signed will be considered as waived: Daniel v. Daniel, 23 Pa. 198, 1854; Bull's Ap., 24 Pa. 286, 1855; Thompson v. McConnell, 1 Grant 396, 1856; McCarthy v. Ry., 211 Pa. 193, 1905; Beaver Boro. v. R. R., 217 Pa. 280, 1907; (r) but jurisdictional and other fundamental er- rors may be considered without assignment or filing if apparent on face of record : Anderson v. Long, 10 S. & R. 55, 1823 ; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Canole v. Allen, 222 Pa. 156, 1908; see 228, note (11) (e) and (f) ; (s) assignment that court erred in submitting or refusing to submit case to jury must be based on binding instructions or request for such instructions : Readdy v. Sha- mokin Boro., 137 Pa. 98, 1890; Wray v. Spence, 145 Pa. 399, 1891; Kitchen v. McCloskey, 150 Pa. 376, 1892 ; Kepler v. Lumber Co., 209 Pa. 244, 1904; (t) but error may be assigned, though no request for binding instruction was made, where there is no evidence to justify verdict: Hennessy v. Anstock, 19 Pa. Super. 644, 1902; (u) assign- ment to entry of judgment n. o. v. is insufficient where motion, order of court and exception are not printed and there is no reference to place where they may be found : Girard Tr. Co. v. Boyd, 45 Pa. Super. 255, 1911; cf. (k), above, this note. (3) What May be Assigned as Error, (a) In general, error may be assigned to any matter occurring during trial to which exceptions have been duly taken and which is made to appear on the record. As 260 ASSIGNMENTS OF ERROR. 183-8] What May be Assigned 183 (3) (a)-(4) (a) to what constitutes the record, see 146-162, and as to necessity for exceptions, see 161, and 228, notes (10) and (11), below; see 228 and notes for general scope of review; (b) error may also be assigned to any matter which would have been available on gen- eral demurrer or in arrest of judgment : Northumberland County Bank v. Eyer, 60 Pa. 436, 1869; (c) jurisdictional or other like fundamental errors may be assigned without exception having been taken: Franks- town Twp. Road, 26 Pa. 472, 1856; Little Meadows Boro., 28 Pa. 256, 1857; Bean's Road, 35 Pa. 280, 1860; O'Hara Twp. Road, 152 Pa. 319, 1893; "William Street, 13 Pa. Super. 266, 1900; Middletown Road, 15 Pa. Super. 167, 1900; see also 228, note (11), (e) and (f) ; (d) refusal to quash indictment may be assigned for error: Com. v. Hall, 23 Pa. Super. 104, 1903; Com. v. Edmiston, 30 Pa. Super. 54, 1906; (e) but it cannot be based on facts outside record without bill of exceptions: Com. v. Bradney, 126 Pa. 199, 1889; Com. v. Mock, 23 Pa. Super. 51, 1903; (f) error should be assigned to decree of court, not to its opin- ion, as appellate court will not reverse because of wrong reason given : Powell's Est., 138 Pa. 322, 1890; Fullerton's Est., 146 Pa. 61, 1892; Johnston 's Est., 222 Pa. 514, 1909 ; Seltzer v. Boyer, 224 Pa. 369, 1909 ; see also 228, note (20) (u) ; (g) assignment of error to decree ap- proving report of master should allege error in action of court, not in action of master : Warner v. McMullin, 131 Pa, 370, 1890 ; (h) refusal to take off non-suit may be assigned for error: see 82, (1); (i) also discharge of motion to strike off refusal to grant new trial : Senf t v. Mcllvain, 43 Pa. Super. 518, 523, 1910; refusal to grant new trial, being a matter of discretion, will not be reviewed except in clear cases of abuse of discretion: see 228, notes (9) and (24) (p2). (4) What May not be Assigned as Error, (a) Error may not be assigned to matters not excepted to and not contained in record : Car- lisle v. Woods, 7 S. & R. 207, 1821; Girts v. Com., 22 Pa. 351, 1853; Rogers v. Whiteley, 38 Pa. 137, 1861 ; Gamble v. Woods, 53 Pa. 158, 1866; Jones v. Dilworth, 63 Pa. 447, 1870; Thirty-fourth Street, 81 Pa. 27, 1876; Hamilton Street, 148 Pa. 640, 1892; Keller's Private Road, 154 Pa. 547, 1893; Harris v. R. R., 156 Pa. 252, 1893; Com. v. Smith, 2 Pa. Super. 474, 1896 ; Jefferson Twp. Road, 3 Pa. Super. 467, 1897; Ross Twp. Road, 5 Pa. Super. 85, 1897; Littell v. Young, 5 Pa. Super. 205, 1897; Com. v. Duff, 7 Pa. Super. 415, 1898; Doylestown 261 ASSIGNMENTS OF ERROR. 183 (4) (a)- (h) What May Not be Assigned [Chap. 12, Distil. Co. Case, 9 Pa. Super. 96, 1898; Corkery v. O'Neill, 9 Pa. Super. 335, 1899; Troubat Ave., 10 Pa. Super. 27, 1899; Quinn's Li- cense, 11 Pa. Super. 554, 1899; Springer v. Stiver, 16 Pa. Super. 184, 1901; Com. v. Mock, 23 Pa. Super. 51, 1903; Welliver v. Canal Co., 23 Pa. Super. 79, 1903; Kinney v. Burnhorn, 23 Pa. Super. 583, 1903; Land Title & Tr. Co. v. Fulmer, 24 Pa. Super. 260, 1904; Phila. v. Bilyeu, 36 Pa. Super. 562, 1908 ; International Tr. Co. v. Printz, 37 Pa. Super. 134, 1908; Com. v. Wilkinsburg Boro., 37 Pa. Super. 160, 1908; Thomas v. Borden, 222 Pa. 184, 1908; Southwest Pa. Pipe Co. v. Sand Co., 43 Pa. Super. 534, 1910; see also 228, note (11) ; (b) assignment involving question not raised in court below will not be considered: Ross Twp. Road, 5 Pa. Super. 85, 1897; Com. v. Price, 15 Pa. Super. 342, 1900; Ulysses Elgin Butter Co. v. Ins. Co., 20 Pa. Super. 384, 1902; Phila. & Trenton R. R. v. Ry., 206 Pa. 343, 1903; Bousquet's Est., 206 Pa. 534, 1903; Com. v. Schoen, 25 Pa. Super. 211, 1904; Beaver Boro. v. R. R., 217 Pa. 280, 1907; Martin v. Strong, 35 Pa. Super. 635, 1908; Chester Co. Bank v. Thomas, 220 Pa. 360, 1908; Lindsay v. Button, 227 Pa. 208, 1910; Com. v. Sarver, 44 Pa. Super. 441, 1910; Schellentrager v. O'Donnell, 44 Pa. Super. 431, 1910; Bel- ber Co. v. Silberblatt, 44 Pa. Super. 32, 1910 ; see also 228, note (15) ; (c) nor assignment which impeaches record: Doylestown Distill. Co. Case, 9 Pa. Super. 96, 1898; (d) nor mere informality in framing issue: Gates v. Johnston, 3 Pa. 52, 1846; see 228, note (13); (e) error cannot be assigned to what was not said to jury, unless trial judge has been specifically requested to so charge: Burkholder v. Stahl, 58 Pa. 371, 1869; Com. v. Zappe, 153 Pa. 498, 1893; Harding v. Lloyd, 3 Pa. Super. 293, 1897; Lauer v. Yetzer, 3 Pa. Super. 461, 1897; Crawford v. Wittish, 4 Pa. Super. 585, 1897; Fry v. Flick, 10 Pa. Super. 362, 1899 ; Craig v. Boro., 11 Pa. Super. 490, 1899 ; Mitchell v. Jodon, 22 Pa. Super. 304, 1902; O'Donnell v. Gaffney, 22 Pa. Super. 316, 1903; Kaufman v. R. R., 210 Pa. 440, 1904; Murtland v. English, 214 Pa. 325, 1906; see also 228, note (19); (f) or to matters wholly within descretion of court below, unless there has been a clear abuse thereof: Com. v. Bartilson, 85 Pa. 482, 1877; see 228, note (24) ; (g) or to fact that charge was dictated and drawn up by one of the parties : Selin v. Snyder, 11 S. & R. 319, 1824; (h) or where court stated prin- ciple of law too broadly: Allen v. Rostain, 11 S. & R. 362, 1824; Bar- ton v. Glasgo, 12 S. & R. 149, 1824; (i) or to opinion of court on 262 ASSIGNMENTS OF ERROR. 183-8] Filing Necessary 183 (4) (i)-(5) (e) t . __^ . weight of evidence, given at request of party complaining : Williams v. Carr, 1 Rawle, 420, 1829; see also 228, note (21); (j) or to manner of judge in delivering charge : Horton v. Coal Co., 2 Penny. 25, 1882 ; Irvin v. Kutruff, 152 Pa. 609, 1893 ; (k) or to refusal to grant non-suit : Lehman v. Kellerman, 65 Pa. 489, 1870; Spencer v. Conrad, 44 Pa. Super. 489, 1910; see other cases 82, note (1) and 228, note (24) (12) (1) or refusal to grant new trial: see 228, notes (9) and (24) (p2) > (m) or mistake of court as to evidence: Dennis v. Alexander, 3 Pa. 50, 1846 ; (n) or neglect of judge to reduce charge to writing : Kerr v. 'Connor, 63 Pa. 341, 1870 ; (o) or refusal of court to answer question of law asked by juror : Krider v. Lafferty, 1 Whar. 303, 1836 ; (p) or instruction which was favorable as the request: Hubley v. Vanhorne, 7 S. & R. 185, 1821; (q) or error to which appellant contributed or for which he was responsible: Morris v. Buckley, 11 S. & R. 168, 1824; Pantall v. Iron Co., 204 Pa. 58, 1903; (r) assignment to allowance of leading questions is without merit where appellant printed many such questions and answers to which no objection had been made: MeCul- lough v. Seitz, 28 Pa. Super. 458, 1905. For further cases on the sub- ject of review on appeal, see 228 and notes. (5) Filing Necessary, (a) Where no assignments are filed, judg- ment will be affirmed: Arthurs v. Swathers, 38 Pa. 40, 1861; Landis v. Maher, 1 W. N. C. 407, 1875; Roller v. Meredith, 4 Pa. Super. 461, 1897; Jones v. Weir, 217 Pa. 321, 1907; (b) or appeal quashed: For- ney v. County, 6 Pa. Super. 397, 1898; Jack v. Twyford, 10 Pa. Super. 475, 1899; Halahan v. Cassidy, 12 Pa. Super. 227, 1900; Warwick Steel Co. v. McKeag, 205 Pa. 490, 1903; Com. v. Owen, 32 Pa. Super. 420, 1907; Hughes v. Cooper, 42 Pa. Super. 594, 1910; (c) or non-suit entered: Halahan v. Cassidy, 12 Pa. Super. 227, 1900; (d) on appeal from decree in equity, assignments must be filed, notwithstanding statement of errors has been filed in court below, under Equity Rule 92: Croasdale v. Von Boyneburgk, 206 Pa. 15, 1903; Jones v. Weir, 217, Pa. 321, 1907; see 184, note (1) ; (e) but jurisdictional and other fundamental errors may be considered without assignment or filing, if apparent on face of record: Anderson v. Long, 10 S. & R. 55, 1823; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Canole v. Allen, 222 Pa. 156, 1908; see also 228, note (11) (e) ; (f) failure to file is not cured by printing in paper book what purports to be an assign- 263 ASSIGNMENTS OF ERROR. 183 (5) (f)- 184 Time of Filing Equity Cases [Chap. 12, merit: Lowenstein v. Bache, 37 Pa. Super. 420, 1908; (g) when filed, assignments constitute declaration of appellant and specify errors al- leged to have been committed by lower court : Rodovinsky v. Knitting Co., 5 Pa. Super. 639, 1897. (6) Time of filing, (a) Appeal will be quashed where assign- ments are not filed within time provided in rules: Com. v. Owen, 32 Pa. Super. 420, 1907; (b) but an assignment of error has been permit- ted to be filed on argument of case in Supreme Court: Mathews v. Sharp, 99 Pa. 560, 1882; Janney v. Howard, 150 Pa. 339, 1892; Zim- merman v. Camp, 155 Pa. 152, 1893; (c) but new error not affecting merits cannot be assigned at hearing: Shenango Twp. v. Wayne Twp., 94 Pa. 184, 1859; (d) where assignment of error to decree of orphans' court does not recite decree in so many words but only opinion of court allowing decree, second assignment of error in proper form and reciting decree, if promptly printed in appellant's paper-book and presented at argument, will be allowed to be filed as in nature of amendment to original assignment: Pfoutz's Case, 40 Pa. Super. 130, 1909. (7) Plea in Nullo est Erratum. This plea is supposed to be entered by the prothonotary. 184. (A) Equity Cases Question of Remedy at Law Waiver. If upon an appeal after a decision on the merits, the question whether the suit should have been brought at law is not specifically raised by the defendant's assign- ments of error, the question shall be deemed to have been waived, and the decree below shall not be reversed or set aside because the suit should have been brought at law. Act June 7, 1907, 3, P. L. 440, 5 Purd. 5465, pi. 3. (B) Exceptions Necessary. Upon appeal to the Supreme or Superior Court such matters only as have been so excepted to and finally passed upon by the court shall be assignable for error. Supreme Court Equity Rule 67. 264 ASSIGNMENTS OF ERROR. 183-8] General Assignments not Allowed 184 (!)- 185 (1) (a)-(b) (1) Filing Statement of Errors in Court Below. Supreme Court Equity Rule 92, which required appellant to file in the lower court with notice of his appeal, a brief statement of the errors which he alleged, has been abrogated by Supreme Court by Order July 6, 1911. (2) Exceptions. Rule 67 is mandatory: Beatty v. Harris, 205 Pa. 377, 1903; Swope v. Snyder, 209 Pa. 352, 1904; Kenworthy v. Trust Co., 218, Pa. 286, 1907; United E. L. Co. v. Pittsburg, 230 Pa. 65, 1911. (3) What Assignments Should Contain. Assignments are de- fective which allege error in sustaining bill without setting forth final decree; which allege error in dismissing exceptions without set- ting forth exceptions; or which allege error in refusing to consider requests for findings of fact without setting forth requests: Yerger v. Hunn, 231 Pa, 245, 1911. For other cases relating to assignments of error, see appropriate headings in this chapter. 185. Each Error Must be Specified Particularly and by itself Waiver. Each error relied on must be specified particularly and by itself. If any specification embrace more than one point, or refer to more than one bill of ex- ceptions, or raise more than one distinct question, it shall be considered a waiver of all the errors so alleged. Su- preme Court Rule 26; Superior Court Rule 14. (1) General Assignments not Allowed, (a) General assignments are bad; for example, assignment of entire decree which is complex and separable : Haag v. Knights of Friendship, 7 Pa. Super. 425, 1898 ; (b) or entire charge, or answers to points, without pointing out spe- cific errors: Zerbe v. Miller, 16 Pa. 488, 1851; Snyder v. May, 19 Pa. 235, 1835; Clark v. Smith, 25 Pa. 137, 1855; Com. v. Orr, 138 Pa. 276, 1890; Voskamp v. Connor, 173 Pa. 109, 1896; Com. v. Swayne, 1 Pa. Superior Court Reports, 547, 1896; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Taylor v. Sattler, 6 Pa. Super. 229, 1897; Drenning v. Wesley, 189 Pa, 160, 1899; Card v. Columbia Twp., 191 Pa. 254, 1899; Fry v. Flick, 10 Pa. Super. 362, 1899; Com. v. Devine, 18 Pa. Super. 431, 1901; Fitzpatrick v. Traction Co., 206 Pa. 335, 1903; Wood v. Mfg. Co., 22 Pa. Super. 138, 1903; Kaufman v. R. R., 210 Pa. 440, 265 ASSIGNMENTS OF ERROR. 185 (1) (c)-(r) General Assignments not Allowed [Chap. 12, 1904; Wirsing v. Smith, 222 Pa. 8, 1908; (c) general assignment that charge as a whole was inadequate and misleading will be sustained only where court is clearly convinced jury were misled: Blank v. Barnhart, 17 Pa. Super. 214, 1901 ; Com. v. Wertheimer, 23 Pa. Super. 192, 1903; Com. v. Wasson, 42 Pa. Super. 38, 1910; (d) and in such cases charge should be set out in full: Udderzook v. Harris, 140 Pa. 236, 1891; Mitchell v. Edeburn, 37 Pa. Super. 223, 1908; and see also 186, note (1) (e) and (f) ; (e) refusing to charge jury as requested is too general: Ladley v. Express Co., 3 Pa. Super. 149, 1896; (f) or in submitting case to jury under evidence: Readdy v. Boro, 137 Pa. 98, 1890; Wray v. Spence, 145 Pa. 399, 1891; Voskamp v. Connor, 173 Pa. 109, 1896; (g) or refusing to do so: Kitchen v. McCloskey, 150 Pa, 376, 1892; (h) confirming or overruling auditor's report: Bull's Ap., 24 Pa. 286, 1855; Wolf v. Ferguson, 129 Pa. 272, 1889; Trullinger v. Charles, 129 Pa. 289, 1889; Holton v. Ry., 138 Pa. Ill, 1890; Second Nat. Bank v. Coal Co., 140 Pa. 628, 1891; Pottsville v. Ry., 148 Pa. 175, 1892; Maurer's Est., 148 Pa. 272, 1892; Graybill v. Deitrich, 32 Pa. Super. 482, 1907; (i) or that evidence did not justify verdict, and verdict was against the law: Scofield v. Ferrers, 46 Pa. 438, 1864; Com. v. Zappe, 153 Pa. 498, 1893; McBride v. Rinard, 172 Pa. 542, 1896; (j) where statement set out good cause of action and there was no reservation of question of law, that court erred in entering judg- ment on verdict : Wills v. Hardcastle, 19 Pa. Super. 525, 1902 ; Hentz- ler v. Weniger, 32 Pa. Super. 164, 1906; (k) that orphans' court erred in holding that claim was properly proved, without specifying par- ticulars: Ramschasel's Est., 21 Pa. Super. 497, 1902; (1) or that judgment was entered on all the counts, some of which were bad : McKelvy v. Wilson, 9 Pa. 183, 1848; (m) that court erred in over- ruling motion to quash indictment : Com. v. Stambaugh, 22 Pa. Super. 386, 1903; (n) or in not arresting judgment because of insufficiency of indictment: Weaver v. Com., 29 Pa. 445, 1857; (o) in dismissing exceptions and confirming adjudication without more: Godshalk's Est., 24 Pa. Super. 410, 1904; Graybill v. Deitrich, 32 Pa. Super. 482, 1907; (p) or in dismissing exceptions to report of viewers, without more: Wabash Ave., 26 Pa. Super. 305, 1904; Barr Twp. Road, 29 Pa. Super. 203, 1905; (q) or in court's opinion on rule for new trial: Gal- lagher v. Davis, 179 Pa. 504, 1897; (r) or in opinion of orphans' court : Johnston's Est., 222 Pa. 514, 1908; (s) assignments consisting of gen- 266 ASSIGNMENTS OF ERROR. 183-8] Must Contain Only One Point 185 ( 1) (s)-(3) (a) eral questions will not be considered: Com. v. Mackey, 34 Pa. Super. 1, 1907; (t) they should be confined to substantial and material ques- tions : Cooper v. Const. Co., 231 Pa. 557, 1911. (2) Errors Must be Specified Separately, (a) Eaeh error must be specified separately so as to present a single question for review, and without reference to other parts of record: Sanders v. Wagonseller, 19 Pa. 248, 1852; Reimer v. Stuber, 20 Pa. 458, 1853; Good Intent Co. v. Hartzell, 22 Pa. 277, 1853; Bull's Ap., 24 Pa. 286, 1855; Schwenk v. County, 6 Pa. 281, 1856; Franklin Ins. Co. v. Updegraff, 43 Pa. 350, 1862; Armstrong's Ap., 68 Pa. 409, 1871; West Hickory Mining Asso. v. Reed, 80 Pa. 38, 1876; Yungfleisch's Ap., 1 Walk. 125, 1879; First Nat. Bank v. Bank, 4 Sad. 297, 1886; Voskamp v. Connor, 173 Pa. 109, 1896; Fitzpatrick v. Engard, 175 Pa. 393, 1896; Gallagher v. Davis, 179 Pa. 504, 1897; Cessna's Esta., 192 Pa. 14, 1899; Galloway's Est., 5 Pa, Super. 272, 1897; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Com. v. Light, 10 Pa. Super. 66, 1899; Harshman v. Dunbar Twp., 11 Pa. Super. 638, 1899; George v. Conneaut Twp., 18 Pa. Super. 47, 1901; Hennessy v. Anstock, 19 Pa. Super. 644, 1902; Barr Twp. Road, 29 Pa. Super. 203, 1905; McConahy v. R. R., 31 Pa. Super. 215, 1906; Jones v. Wier, 217 Pa. 321, 1907; Haley v. Chemical Co., 224 Pa. 316, 1909; Com. v. Dehle, 42 Pa. Super. 300, 1910; Sebring v. Weaver, 42 Pa. Super. 588, 1910; (b) dividing assignment into sep- arate clauses is not good practice : Kemmerer v. Tool, 81 Pa. 467, 1876 ; (c) it is improper practice to raise same question by different assign- ments of error: Seifred v. R. R., 206 Pa. 390, 1903; Cooper v. Const. Co., 231 Pa. 557, 1911; (d) assignment that court erred in refusing new trial for four specific reasons stated is good, as it assigns but a single error: Mix v. North American Co., 209 Pa., 636, 1904; (e) dis- missal of each exception to auditor's report must be made the subject of separate assignment of error : First Nat. Bank v. Bank, 4 Sad. 297, 1886. (3) Must not Contain More than One Point, (a) Assignments may not contain more than one point: Reimer v. Stuber, 20 Pa. 458, 1853 ; Good Intent Co. v. Hartzell, 22 Pa. 277, 1853 ; Schwenk v. County, 26 Pa. 281, 1856; Cobb v. Stephens, 2 Phila. 150, 1857; Bartolet's Ap., 1 Walk. 77, 1880; Simpson v. Marshall, 31 P. L. J. (0. S.), 337, 1884; Kurtz v. Haines, 2 Mona. 328, 1888; Kelly v. Bennett, 132 Pa. 218, 267 ASSIGNMENTS OF ERROR. 185 (3) (a)-(5) (a) Must Contain Only one Point [Chap. 12, 1890; Borland v. Meurer, 139 Pa. 513, 1891; Maurer's Ap., 148 Pa. 272, 1892; Irvin v. Kutruff, 152 Pa. 609, 1893; Crawford v. McKin- ney, 165 Pa. 605, 1895; Davidson v. Traction Co., 4 Pa. Super. 86, 1897; Galloway's Est., 5 Pa. Super. 272, 1897; Davis v. Ins. Co., 5 Pa. Super. 506, 1897; Haag v. Knights of Friendship, 7 Pa. Super. 425, 1898; Harshman v. Dunbar Twp., 11 Pa. Super. 638, 1898; Sloan v. James, 13 Pa. Super. 399, 1900; Wojciechowski v. Johnowski, 16 Pa. Super. 444, 1901 ; McGeary v. Raymond, 17 Pa. Super. 308, 1901 ; George v. Conneaut Twp., 18 Pa. Super. 47, 1901; Ruddy v. Repp, 19 Pa. Super. 437, 1902; Hennessy v. Anstock, 19 Pa. Super. 644, 1902; Loeweke v. B. & L. Asso., 21 Pa. Super. 389, 1902; Kase v. Burnham, 206, 330, 1903; Godshalk's Est., 24 Pa. Super. 410, 1904; Dotterer v. Scott, 29 Pa. Super. 553, 1905 ; Reading Co. v. Seip, 30 Pa. Super. 330, 1906; Com. v. Campbell, 31 Pa. Super. 9, 1906; Brown v. Water Co., 213 Pa. 440, 1906; Jones v. Weir, 217 Pa. 321, 1907; Com. v. Vol- quarts, 36 Pa. Super. 199, 1908; Ripka v. Ins. Co., 36 Pa. Super. 517, 1908; Com. v. Yocum, 37 Pa. Super. 237, 1908; Catlin v. Coal & Iron Co., 225 Pa. 262, 1909 ; Com. v. Dehle, 42 Pa. Super. 300, 1910 ; Jones v. Aronson, 45 Pa. Super. 148, 1911 ; Cayuga B. & L. Asso. v. MacMul- len, 46 Pa. Super. 94, 1911. (4) Reference to More than One Bill of Exception not Allowed. (a) Assignment is defective which refers to more than one bill of ex- ception : Reimer v. Stuber, 20 Pa. 458, 1853 ; Good Intent Co. v. Hart- zell, 22 Pa. 277, 1853; Schwenk v. County, 26 Pa. 281, 1856; Haag v. Knights of Friendship, 7 Pa. Super. 425, 1898; Wojciechowski v. Johnkowski, 16 Pa. Super. 444, 1901; Swayne v. Swayne, 19 Pa. Super. 160, 1902; Com. v. Campbell, 31 Pa. Super. 9, 1906; Vivian v. Challenger, 45 Pa. Super. 1, 1910; (b) even though offers were simi- lar: Swayne v. Swayne, 19 Pa. Super. 160, 1902; Chestnut Hill Road v. County, 228 Pa. 1, 1910; Sebring v. Weaver, 42 Pa. Super, 588, 1910. (5) Single Question Required, (a) Assignment is defective which raises more than one question : Reimer v. Stuber, 20 Pa. 458, 1853 ; Schwenk v. County, 26 Pa, 281, 1856; Galloway's Est., 5 Pa. Super. 272, 1897; Haag v. Knights of Friendship, 7 Pa. Super. 425, 1898; Com. v. Light, 10 Pa. Super. 66, 1899; George v. Conneaut Twp., 18 Pa. Super. 47, 1901 ; Ruddy v. Repp, 19 Pa. Super. 437, 1902 ; Loeweke v. B. & L. Asso., 21 Pa. Super. 389, 1902; Erie v. Grant, 24 Pa. Super. 268 ASSIGNMENTS OF ERROR. 183-8] Quoting Charge, Points, etc. 186(1) (a) 109, 1904; Haly v. Chemical Co., 224 Pa. 316, 1909; Com. v. Dehle, 42 Pa. Super. 300, 1910; Sebring v. Weaver, 42 Pa. Super. 588, 1910; (b) assignment cannot be divided and treated as good in part and bad in part; if not sustained as whole, it must be overruled. For this reason, if for no other, it should .present but one distinct question : Hennessy v. Anstock, 19 Pa. Super. 644, 1902. Cf. 185, note (2) (d). 1 86. Charge, Points for Charge, and Answers to be Quoted. When the error assigned is to the charge of the court, or to answer to points, the part of the charge, or the points and answers referred to, must be quoted ipsissimis verbis in the specification, and the parts of the charge as- signed as error shall be enclosed in brackets in the printed charge with the number of the assignment noted. Supreme Court Rule 27; Superior Court Rule 15. (1) Quoting Charge, etc. (a) Charge, points and answers must be quoted totidem verbis in the specification : Criswell v. Altemus, 20 Pa. 124, 1852; Brown v. Brooks, 25 Pa. 210, 1855; Hutchinson v. Campbell, 25 Pa. 273, 1855; Arthurs v. Swathers, 38 Pa. 40, 1861; Burkholder v. Stahl, 58 Pa. 371, 1869; Sorg v. Congregation, 63 Pa. 156, 1870; Gil- more v. R. R., 104 Pa. 275, 1884; Headley v. Renner, 129 Pa. 542, 1889; Aspell v. Smith, 134 Pa. 59, 1890; McCord v. Durant, 134 Pa. 184, 1890; Readdy v. Boro., 137 Pa. 92, 1890; Long v. Milford Twp., 137 Pa. 122, 1890; Com. v. Orr, 138 Pa. 276, 1890; Walton v. Hinnau, 146 Pa. 396, 1892; Hall v. Phillips, 164 Pa. 494, 1894; Whitmire v. Mont- gomery, 165 Pa. 253, 1895; Crawford v. McKinney, 165 Pa. 605, 1895; May v. Troutman, 4 Pa. Super. 42, 1897; Davis v. Ins. Co., 5 Pa. Super. 506, 1897; McNulty v. R. R., 182 Pa. 479, 1897; Lamb v. Leader, 6 Pa. Super. 50, 1897; Com. v. Heidler, 191 Pa. 375, 1899; Ewing v. Cottman, 9 Pa. Super. 444, 1899; Blank v. Barnhart, 17 Pa. Super. 214, 1901; Sailor v. Reamer, 20 Pa. Super. 597, 1902; Wymard v. Deeds, 21 Pa. Super. 332, 1902; Com. v. Houghton, 22 Pa. Super. 52, 1903; Mitchell v. Jodon, 22 Pa. Super. 304, 1902; Dotterer v. Scott, 29 Pa. Super. 553, 1905; English v. Murtland, 214 Pa. 325, 1906; Read- ing Co. v. Seip, 30 Pa. Super. 330, 1906 ; Mathushek Piano Co. v. Eng- berry, 30 Pa. Super. 543, 1906; Ludwig Piano Co. v. Browne, 33 Pa. 269 ASSIGNMENTS OF ERROR. 186 (1) (a)-(g) Quoting Charge, etc. [Chap. 12, Super. 81, 1907; Boy v. Asso., 218 Pa. 494, 1907; Com. v. Volquarts, 36 Pa. Super. 190, 1908; Patton v. Trust County, 36 Pa. Super. 296, 1908; Shannon v. Cohlhepp, 37 Pa. Super. 241, 1908; Haley v. Chem- ical Co., 224 Pa. 316, 1909; Simpson v. Carroll, 41 Pa. Super. 343, 1910; Com. v. Dehle, 42 Pa. Super ..366, 1910; Lee Co. v. Sherman, 43 Pa. Super. 557, 1910 ; Com. v. Simon, 44 Pa. Super. 538, 1910 ; Com. v. Stovas, 45 Pa. Super. 43, 1910 ; Morgan v. Gamble, 230 Pa. 165, 1911 ; (b) assignments to action or opinion of court without setting forth ruling or decree is error: Twitchell's Ap., 4 W. N. C. 68, 1877; Cess- na's Est., 192 Pa. 14, 1899; Wymard v. Deeds, 21 Pa. Super. 332, 1902; Ramschasel's Est., 21 Pa. Super. 497, 1902; O'Donnell v. Clem- ents, 23 Pa. Super. 447, 1903; Com. v. Shoener, 25 Pa. Super. 526, 1904; Wabash Ave., 26 Pa. Super. 305, 1904; Johnston's Est., 222 Pa. 514, 1909; Fitzpatrick v. Mortimer, 41 Pa. Super. 587, 1910; (c) ex- cerpts from charge, or isolated sentences, wrenched from their position and connection and not including what was said by way of qualifica- tion, immediately preceding or following the language quoted, may not be assigned as error : Irvin v. Kutruff, 152 Pa. 609, 1893 ; Com. v. Zap- pe, 153 Pa. 498, 1893; Com. v. Eckerd, 174 Pa. 137, 1896; Com. v. Swayne, 1 Pa. Super. 547, 1896; Knights v. Leadbeater, 2 Pa. Super., 461, 1896 ; Boice v. Zimmerman, 3 Pa. Super. 181, 1896 ; Com. v. Gold^ berg, 4 Pa. Super. 142, 1897; Omensetter v. Kemper, 6 Pa. Super. 309, 1898 ; Card v. Columbia Twp., 191 Pa. 254, 1899 ; Fricker v. Bridge Co., 197 Pa. 442, 1900 ; Com. v. Warren, 13 Pa. Super. 461, 1900 ; Brinton v. Walker, 15 Pa. Super. 449, 1900; Gilchrist v. Hartley, 198 Pa. 132, 1901; Springer v. Stiver, 16 Pa. Super. 184, 1901; Russell v. Ry., 17 Pa. Super. 195, 1901; Com. v. Stanley, 19 Pa. Super. 58, 1902; Karl v. County, 206 Pa. 633, 1903; Cox v. Wilson, 25 Pa. Super. 635, 1904; Com. v. Penrose, 27 Pa. Super. 101, 1905; Com. v. D'Angelo, 29 Pa. Super. 378, 1905 ; Mapes v. Packing Co., 31 Pa. Super. 453, 1906 ; Mur- phy v. Dyer, 223 Pa. 18, 1909; see also 228, note (19) ; (d) it is most reprehensible in assigning error to join two disconnected sentences from charge as if they had immediately followed one another : Com. v. Eckerd, 174 Pa. 137, 1896; Brinton v. Walker, 15 Pa. Super. 449, 1900; (e) if whole charge be alleged unfair, assignment should set forth charge in full: Com. v. Orr, 138 Pa. 276, 1890; 185, (1) (d) ; (f) even if it appear elsewhere in paper-book: Gilmore v. R. R., 104 Pa. 275, 1884; (g) general assignment that charge as a whole was inadequate 270 ASSIGNMENTS OF ERROR. 183-8] Findings Evidence 186, (1) (h)- 187 (1) (a) and misleading will be sustained only in clear cases: see 185, note (1) (c) and (d) ; (h) assignment to answer to point should not in- clude evidence and argument: Duquesne Nat. Bank v. Williams, 155 Pa. 48, 1893; (i) where binding instructions are given, answers to points should not be assigned: Helzer v. Helzer, 187 Pa. 243 1898. (2) Findings of Court, Auditor, Master or Viewers. Error assigned to dismissing exceptions to findings of court, auditor, master or viewers must set out exceptions: Bowers v. Bennethum, 133 Pa. 306, 1890; Sauer v. Mollinger, 138 Pa. 338, 1890; Fullerton's Est., 146 Pa. 61, 1892; Allen v. Oxnard, 152 Pa. 621, 1893; Wright's Est., 155 Pa. 64, 1893; Wabash Ave., 26 Pa. Super. 305, 1904; Barr Twp. Road, 29 Pa. Super. 203, 1905; Prudential Trust Co. v. Hildebrand, 34 Pa. Super. 249, 1907; Johnston's Est., 222 Pa. 514, 1909. (3) Numbering Brackets. Numeral may not be inserted in foot- note but at side of bracket. Order of Supreme Court, Jan., 1912. For Form, see Appendix, 58. 187. Admission or Rejection of Evidence. When the error assigned is to the admission or rejection of evi- dence, or to the striking out or refusal to strike out evi- dence, the specification must quote the questions or offers, the ruling of the court thereon, and the evidence admitted or rejected, stricken out or which the court refuses to strike out, together with a reference to the page of the paper- book or appendix where the matter may be found in its regular order in the printed evidence or notes of trial. When the error alleged is the admission or rejection of a writing, a full copy of the writing must be printed in the paper-book. Any assignment of error not according to this and the rule immediately preceding will be disregarded. Supreme Court Rule 28; Superior Court Rule 16. (1) Evidence Must be Quoted, (a) The burden is on appellant to furnish evidence in record to make out his case, and show all facts necessary to decision by appellate court: Aiken v. Stewart, 63 Pa. 30, 1870; Sorg v. German Congregation, 63 Pa. 156, 1870; Com. v. Miller, 31 Pa. Super. 317, 1906; Com. v. Sunderlin, 31 Pa. Super. 349, 271 ASSIGNMENTS OF ERROR. 187 ( J ) (b) Evidence Must be Quoted [Chap.12, 1906; see also 228, note (17) (d) ; (b) and therefore an assignment of error is defective which fails to set forth evidence offered, admit- ted or rejected, together with rulings thereon, and other evidence in connection with which evidence in question was ruled upon : Rice v. Bank, 22 Pa. 118, 1853; Brown v. Brooks, 25 Pa. 210, 1855; Schwenk v. County, 26 Pa. 281, 1856; Hartman v. Shaffer, 71 Pa. 312, 1872; Hall v. Stanton, 2 W. N. C. 578, 1876; Royse v. May, 93 Pa. 454, 1880; Noar v. Gill, 111 Pa. 488, 1886; Logan v. Friedline, 10 Sad. 461, 1888; Hawes v. O'Reilly, 126 Pa. 440, 1889; Battles v. Sliney, 126 Pa. 460; 1889; Gates v. Watts, 127 Pa. 20, 1889; Warfel v. Knott, 128 Pa. 528, 1889; Melvin v. Melvin, 130 Pa. 6, 1889; Readdy v. Boro., 137 Pa. 98, 1890; Fisher v. Gas Co., 138 Pa. 301, 1890; Augestein v. Jones, 139 Pa. 183, 1891; Huckstein v. Kelly, 139 Pa. 201, 1891; Cornish v. Hooker, 141 Pa. 138, 1891; Markle v. Boro., 142 Pa. 84, 1891; Arnold v. Bla- bon, 147 Pa. 372, 1892; Pittinger v. Kennedy, 148 Pa. 198, 1892; Beck v. R. R., 148 Pa. 271, 1892; Wust v. Iron Works, 149, Pa. 263, 1892; Com. Title Co. v. Gray, 150 Pa. 255, 1892; Van Home v. Dick, 151 Penna. 341, 1892; McElroy v. Braden, 152 Penna. 78, 1892; Hauck v. Pipe Line Co., 153 Pa. 366, 1893; Fritz v. Ins. Co., 154 Pa. 384, 1893; Rosenthal v. Ehrlicher, 154 Pa. 396, 1893; Kramer v. Wins- low, 154 Pa. 637, 1893 ; Holthouse v. Rynd, 155 Pa. 43, 1893 ; Bidwell v. Evans, 156 Pa. 30, 1893; Butchers' Ice & Coal Co. v. Phila., 156 Pa. 54, 1893 ; Broadnax v. R. R., 157 Pa. 140, 1893 ; Norbeck v. Davis, 157 Pa. 399, 1893; Malone v. R. R., 157 Pa. 430, 1893; Com. v. Werntz, 161 Pa. 591, 1894; Norristown Boro. v. Fornance, 1 Pa. Super. 129, 1896; London Assurance Co. v. Russel, 1 Pa. Super. Ct. Rep. 129, 1896; Denniston v. Phila. Co., 1 Pa. Super. 599, 1896; Com. v. Smith, 2 Pa. Super. 474, 1896; Com. v. House, 3 Pa. Super. 304, 1897; So- pherstein v. Bertels, 178 Pa. 401, 1896; Raymond v. Schoonover, 181, Pa. 352, 1897; Shanahan v. Ins. Co., 6 Pa. Super. 65, 1897; Com. v. Spencer, 6 Pa. Super. 256, 1898; Grier v. Boro, 6 Pa. Super. 542, 1898; DeRoy v. Richards, 8 Pa. Super. 119, 1898; Coverdill v. Heath, 12 Pa. Super. 15, 1899; Swope v. Donnelly, 190 Pa. 417, 1899; Card v. Columbia Twp., 191 Pa. 254, 1899 ; Com. v. Hazlett, 14 Pa. Super. 352, 1900; Myers v. Litts, 195 Pa. 595, 1900; Claflin Co. v. Querns, 15 Pa. Super. 464, 1900; Com. v. Earner, 199 Pa. 335, 1901; Acklin v. Oil Co., 201 Pa. 257, 1902; Loeweke v. B. & L. Asso., 21 Pa. Super. 389, 1902; Ramschasel's Est., 21 Pa. Super. 497, 1902; Com. v. Powell, 23 Pa. 272 ASSIGNMENTS OF ERROR. 183-8] Evidence Must be Quoted 187 (1) (b)-(h) Super. 370, 1903; Pizz v. Nardello, 23 Pa. Super. 535, 1903; Toddes v. Hafer, 25 Pa. Super. 78, 1904; Bailey v. Pittsburg, 207 Pa. 553, 1904; Bachert v. Coal & Nav. Co., 208 Pa. 362, 1904; McCullough v. Seitz, 28 Pa. Super. 458, 1905; Whaley v. Bank, 28 Pa. Super. 531, 1905; Mathushek Piano Co. v. Engberry, 30 Pa. Super. 543, 1906; Creachen v. Carpet Co., 214 Pa. 15, 1906 ; Sheridan v. Abattoir Co., 214 Pa. 115, 1906; Bleadingheiser v. Crumrine, 34 Pa. Super. 241, 1907; Munson v. Crookstin, 219 Pa. 419, 1908; Com. v. McKwayne, 221 Pa, 449, 1908; Com. v. Yocum, 37 Pa. Super. 237, 1908; Sipe v. R. R., 222 Pa. 400, 1909; Com. v. Volquarts, 36 Pa. Super. 199, 1908; Kalin v. Wehrle, 36 Pa. Super. 305, 1908; Brouse v. Oliger, 36 Pa. Super. 399, 1908; Ripka v. Ins. Co., 36 Pa. Super. 517, 1908; Winnett v. Gas Co., 37 Pa. Super. 204, 1908; Woldert Grocery Co. v. Wilkinson, 39 Pa. Super. 100, 1909; Pottsville Boro. v. Gas Co., 39 Pa. Super. 1, 1909; Cunningham v. Rogers, 225 Pa. 132, 1909; Com. v. Hyde, 39 Pa. Super. 261, 1909; Com. v. Cummings, 45 Pa. Super. 211, 1911; see also 190, note (12), for requirements as to printing evidence in paper-book; (c) this rule applies to findings of fact by auditor or master: see 186, note (2); (d) and answers to points and charge to jury: see 186, note (1) ; (e) where evidence has been omitted an amended assign- ment may be allowed: Zimmerman v. Camp, 155 Pa. 152, 1893; Swope v. Donnelly, 190 Pa. 417, 1896 ; (f ) it is not enough that assignment be supplemented by reference to evidence set out in bill of exceptions or in appendix of paper-book: Smith v. Tome, 68 Pa. 158, 1871; Dietrich v. Addams, 9 W. N. C. 492, 1881; London Assr. Co. v. Russell, 1 Pa. Super. 320, 1896; Pizzi v. Nardello, 23 Pa. Super. 535, 1903; Vander- slice v. Donner, 26 Pa. Super. 319, 1904; (g) but reference to page of paper-book, where matter may be found is necessary: DeRoy v. Rich- ards, 8 Pa. Super. 119, 1898; Fitzgerald v. Illuminating Co., 207 Pa. 118, 1903; Com. v. Powell, 23 Pa. Super. 370, 1903; Gerwig v. John- sion Co., 207 Pa. 585, 1904; Brown v. Water Co., 213 Pa. 440, 1905; Sutton v. R. R., 214 Pa. 274, 1906; Hallock v. Lebanon, 215 Pa. 1, 1906; Cameron v. Traction Co., 216 Pa. 191, 1907; American Car Co. v. R. R., 218 Pa. 519, 1907; Kalin v. Wehrle, 36 Pa. Super. 305, 1908; For- inger v. Stone Co., 223 Pa. 425, 1909; Fowler Co. v. Engine Wks., 227 Pa. 314, 1910; Anspach v. Christman, 44 Pa. Super. 99, 1910; Hobel v. Ry., 229 Pa. 507, 1911 ; (h) evidence must be quoted even though offer recites evidence proposed to be given: Kennedy v. Erdman, 150 Pa, 273 18 ASSIGNMENTS OF ERROR. 187 (1) (i)-(2) (j) Documentary Evidence [Chap. 12, 427, 1892; (i) and must also set out objections to offer and rulings of court thereon: Gish v. Brown, 171 Pa. 479, 1895; Quaker City Bank v. Hepworth, 21 Pa. Super. 566, 1902; Sheridan v. Abattoir Co.,. 214 Pa. 115, 1906; Long v. Heppe, 45 Pa. Super. 76, 1910; (j) where error is assigned to rejection of testimony, offer will be treated as stating facts: Com. v. County, 157 Pa. 531, 1893; (k) such offer must be set forth in full: Chambers v. Boro., 140 Pa. 510, 1891; Gish v. Brown, 171 Pa. 479, 1895; Pizzi v. Nardello, 23 Pa. Super. 535, 1903; Sheridan Abattoir Co., 214 Pa. 115, 1905; Feingold v. Katz, 43 Pa. Super. 333, 1910 ; Lytle v. Rupert, 44 Pa. Super. 493, 1910. (2) Documentary Evidence, (a) Where the assignments of error are to the admission of writings of any kind, copies of such writings must be set forth in the assignments or in the appendix of the paper- book, with page reference : Reynolds v. Cridge, 131 Pa. 189, 1890; Coch- ran v. Sanderson, 151 Pa. 591, 1892; Hudson v. Watson, 2 Pa. Super. 422, 1896; Springer v. Stiver, 16 Pa. Super. 184, 1901; McGeary v. Ray- mond, 17 Pa. Super. 308, 1901; Welliver v. Canal Co., 23 Pa. Super. 79, 1903; McKnight v. Newell, 207 Pa. 562, 1904; Jenkinson Co. v. Eggers, 28 Pa. Super. 151, 1905; Com. v. Pearl, 29 Pa. Super. 307, 1905; Creachen v. Carpet Co., 214 Pa. 15, 1906; Hallock v. Lebanon, 215 Pa. 1, 1906 ; Com. v. Sunderlin, 31 Pa. Super. 349, 1906 ; American Car Co. v. R. R., 218 Pa. 519, 1907; Allentown v. Ackerman, 37 Pa- Super. 363, 1908 ; Cunningham v. Rogers, 225 Pa. 132, 1909 ; Pottsville Boro. v. Gas Co., 39 Pa. Super. 1, 1908; (b) this rule has been applied to letters: Com. v. Johnston, 5 Pa. Super. 585, 1897; Keystone Cycle Co. v. Jones, 12 Pa. Super. 134, 1899 ; Kaufman v. R. R., 210 Pa. 440. 1904; (c) book-accounts: Coverdill v. Heath, 12 Pa. Super. 15, 1899; (d) promissory note : Jenkinson v. Eggers, 28 Pa. Super. 151, 1905 ; (e) municipal ordinances: Grier v. Boro., 6 Pa. Super. 542, 1897; Bailey v. Pittsburg, 207 Pa. 553, 1904; (f) drafts or plans: Hudson v. Watson, 2 Pa. Super. 422, 1896; (g) survey of premises in trespass: Pittenger v. Kennedy, 148 Pa. 198, 1892; (h) report of weather bu- reau: Nolt v. Crow, 22 Pa. Super. 113, 1903; (i) exemplification of record : Kreiner v. R. R., 135 Pa. Super. 184, 1890 ; Cochran v. Sander- son, 151 Pa. 541, 1892; Silliman v. Whitmer, 11 Pa. Super. 243, 1899; (j) where allowance of amendment is complained of, amendment must be set out in assignment: Norristown Boro. v. Fornance, 1 Pa. Super. 274 ASSIGNMENTS OF ERROR. 183-8] Exceptions must be Shown 187 (3)-(4) (c) 129, 1896; see also as to printing documentary evidence in paper-book, 190, note (13). (3) Names of Witnesses to be Given. Name of witness should be given and reference made to page of his testimony : Hawes v. O 'Reilly, 126 Pa. 440, 1889; DeRoy v. Richards, 8 Pa. Super. 119, 1898; Gerwig v. Johnston Co., 207 Pa. 585, 1904. (4) Exceptions Must be Shown Quoting Bill, (a) Assignment must show exceptions taken at time of trial: Burson v. Fire Asso., 136 Pa. 267, 1890 ; Readdy v. Shamokin Boro., 137 Pa. 98, 1890 ; Augerstein v. Jones, 139 Pa. 183, 1891; Huckestein v. Kelly, 139 Pa. 201, 1891; Chambers v. South Chester Boro., 140 Pa. 510, 1891; Rosenthal v. Ehrlicher, 154 Pa. 396, 1903; Mixel v. Betz, 168 Pa. 328, 1895; Gal- braith v. Phila. Co., 2 Pa. Super. 359, 1896; Com. v. Wilson, 186 Pa. 1, 1898; Yeager v. Cassidy, 12 Pa. Super. 232, 1900; Schondorf v. Griffith, 13 Pa. Super. 580, 1900; Simpson v. Myers, 197 Pa. 522, 1901; Com. v. Bunnell, 20 Pa. Super. 51, 1902 ; Pizzi v. Nardello, 23 Pa. Super. 535, 1903; Levison v. Davis, 212 Pa. 148, 1905; as to necessity for excep- tions, see 161, note (1), and 228, notes (10) and (11) ; (b) a party will be limited to specific objections made to evidence on trial: Berks Road v. Myers, 6 S. & R. 12, 1820; Wolverton v. Com., 7 S. & R. 273, 1821; Benner v. Hauser, 11 S. & R. 352, 1824; Far v. Swan, 2 Pa. 245, 1846; Peters v. Horbach, 4 Pa. 134, 1846; Mills v. Buchanan, 14 Pa. 59, 1850; Plank Road Co. v. Ramage, 20 Pa. 95, 1852; Lovett v. Math- ews, 24 Pa. 330, 1855; Rhines v. Baird, 41 Pa. 256, 1862; Danley v. Danley, 179 Pa. 170, 1897; (c) but general exception is sufficient unless part of testimony offered is admissible for some purpose, or party is called on to state specific grounds : Benner v. Hauser, 11 S. & R. 352, 1824; Peters v. Horback, 4 Pa. 134, 1846; Penna. M. A. Soc. v. Corley, 2 Penny. 139, 1882; see 228, note (11) (h) ; (d) where evidence ob- jected to was admissible for some purposes, assignment will not b considered unless exceptions show purpose of offer and reasons for ob- jection thereto: Benner v. Hauser, 11 S. & R. 352, 1824; Norbeck v. Davis, 157 Pa. 399, 1893 ; (e) where record does not show objection or exception to binding instructions, appellate court will not consider as- signment to disallowance of evidence : Guemple v. Transit Co. 224, Pa. 327, 1909 ; (f ) assignment of error as to admission or rejection of evi- dence must quote full substance of bill of exceptions in immediate 275 ASSIGNMENTS OF ERROR. 187 (4)(f)-188 Appeals from Superior Court [Chap. 12, connection with specification, and failing to do so, will not be consid- ered: Dietrich v. Addams, 9 W. N. C. 492, 1881; Walton v. Hinnau, 146 Pa. 396, 1892; Zimmerman v. Camp, 155 Pa. 152, 1893; Gish v. Brown, 171 Pa. 479, 1895; Rodovinsky v. Knitting Co., 5 Pa. Super. 636, 1897; Shanahan v. Ins. Co., 6 Pa. Super. 65, 1897; Com. v. Spen- cer, 6 Pa. Super. 256, 1898; Rice v. Burns, 9 Pa. Super. 58, 1898; Com. v. Heidler, 191 Pa. 375, 1899; Ewing v. Cottman, 9 Pa. Super. 444, 1899; Turnpike Road v. County, 196 Pa. 21, 1900; Cob. v. Hazlett, 14 Pa. Super. 352, 1900; Loeweke v. B. & L. Asso., 21 Pa, Super. 389, 1902; Quaker City Nat. Bank v. Hepworth, 21 Pa. Super. 566, 1902; Com. v. Powell, 23 Pa. Super. 370, 1903; Creachen v. Carpet Co., 214 Pa. 15, 1906; Sheridan v. Abattoir Co., 214 Pa. 115, 1906; Boyce v. Loan Asso., 218 Pa. 494, 1907; (g) court may, in its discretion, allow amendment of assignment at bar so as to include bill of exceptions which had been omitted: Zimmerman v. Camp, 155 Pa. 152, 1893. 188. Appeals from Superior Court. "The question here [in the Supreme Court] is not whether the Superior Court was critically accurate in all its statements of law or fact, but whether it was correct in its dealing with the al- leged errors of the court below. In regard to the assign- ment of errors, an appeal from the Superior Court to this Court is analogous to an appeal from a judgment of the common pleas or orphans' court on exceptions to the findings and report of an auditor or referee. The proper form therefore is that 'the Superior Court erred in not sus- taining (or in sustaining, as the case may be) the first as- signment of error to the judgment of the common pleas, to wit/ etc. The assignments of error in the Superior Court are therefore the principal errors with which this Court is usually concerned and which will generally de- velop the whole controversy, but if there are any new and further matters raised by the judgment of the Superior Court itself, they should be assigned separately in their 276 ASSIGNMENTS OF ERROR. 183-8] Appeals from Superior Court 188 due order." Mr. Justice Mitchell in Mellick v. Penna, R. R., 203 Pa. 457, 459, 1902. (1) Form of Assignments. The manner of assigning error on ap- peals from Superior Court recommended above has been approved in Griesmer v. Hill, 225 Pa. 545, 1909, and Gibson v. R. R., 226 Pa. 198, 1910. (2) Question for Consideration on Appeal. On appeal from Superior Court, question for consideration is whether decision of that court is correct on the record which was before it; if there was a misapprehension of fact through inadvertent error of counsel in pre- senting the case, the remedy is by application to that court, not by appeal to Supreme Court : Phila. v. Penna. Co., 214 Pa. 138, 1906. Su- preme Court will affirm decree of Superior Court reversing orphans' court where record is so defective that it is impossible to ascertain facts of case: Stevenson's Est., 186 Pa. 262, 1898. 277 PAPER-BOOKS. 189 Style, Index, Cover, etc. [Chap. 13, CHAPTER XIII PAPER-BOOKS. 189. Style, Index and Cover, etc. 190. Contents Paper-Books of Appellant Judgment on Verdict. 191. Judgment on Case Stated. 192. Judgments at Law not Founded on Verdict or Case Stated. 193. Equity and Orphans' Court. 194. Quarter Sessions Court. 195. Certificate of Amount in Controversy Quashing. 196. Statement of Question Involved. 197. History of Case. 198. Assignments of Error. 199. Brief of Argument. 200. Citation of Authorities. 201. Appeals from Superior Court. 202. Paper-Book of Appellee. 203. Service (A) Generally Number of Copies to be Furnished. (B) Criminal Cases. 204. Philadelphia County. 205. Penalty for Non-Compliance with Eules Non-Suit. 189. Style, Index and Cover, etc. Paper-books shall be furnished on unglazed book paper 9 in. x 6 in. in size, and printed from small pica or long primer type, with a margin of not less than one inch. The cover must be suffi- ciently light in color and firm in texture to permit writing in ink thereon to be easily read; it must show the number and term of the case in this court, the names of the parties in the same order as they appear on the docket of the court below, with the addition of the word "Appellant" after the name of the party taking the appeal, and the court from which the appeal is taken. Appeals in the orphans' court shall be entitled "Estate of . Appeal of ." Supreme Court Rule 45 ; Superior Court Rule 34. 278 PAPER-BOOKS. 189-205] Index, Paging, etc. 189 All paper-books shall contain a full and complete index, including an index of the appendix, which shall be on the inside of the front cover of the book, or on the fol- lowing pages thereof. The index of the appendix shall contain a full and complete reference to its contents, in- cluding exhibits and the names of witnesses and where the testimony is printed, indicating in each instance where the examination, cross-examination, and re-examination be- gins. If a paper-book contains more than one hundred pages, the appendix shall be printed in a separate paper- book with a proper index thereto. Supreme Court Rule 46; Superior Court Rule 35. Brief words shall be printed at the top of each page of the paper-book, indicating the character of the matter con- tained therein; and in the appendix the name of the witness or the character of the document shall so appear. The pages of the paper-book shall be numbered in Arabic fig- ures, and not in Roman numerals, those in the appendix to be followed by a small a, thus: looa. When possible, all plans and drawings accompanying a paper-book shall be reduced to the size of a folio of not more than three pages. Supreme Court Rule 39; Superior Court Rule 28. (1) Index, (a) Paper-book containing no index will be sup- pressed: Hessel v. Bradstreet Co., 141 Pa. 501, 1891; (b) where ap- pellant is in default, appeal will be quashed: Saxton's Est., 195 Pa. 459, 1900; Sailor v. Reamer, 20 Pa. Super. 597, 1902; Thompson v. Petriello, 33 Pa. Super. 651, 1907; (c) brief table of contents is not an index, and lumping together one hundred and twenty-six pages of testimony under single word "evidence," does not comply with rule: Wilson v. Scranton, 141 Pa. 621, 1891. See Appendix, 58 (A), for forms and comments, especially as to alphabetical arrangement. (2) Paging Appendix. The Appendix, whether bound separately or with the rest of the paper-book, must have a separate paging, be- ginning with la and not lOOa: Construction of Rule by Supreme Court, Jan., 1912. 279 PAPER-BOOKS. 190 Judgment on Verdict [Chap. 13, 190. Contents Paper-Book of Appellant Judgment on Verdict. In all cases where the appeal is from a judg- ment on a verdict, the paper-book of the appellant shall contain the following matter in the following or- der: i. Names of all the parties as they stood on the record of the court below at the time of the trial, with the addition of the word "appellant" after the name of the party taking the appeal, and the form of the action. 2. Copy of the docket entries. 3. Abstract of the proceedings showing the issue and how it was made. 4. When necessary, a certificate of the trial judge showing the amount in controversy (See Rule 23 [117 (B)]). 5. Statement of the questions involved (See Rule 34 [196]). 6. History of the case (See Rule 35 [197]). 7. Charge of the court, naming the judge, the points, if any, which were submitted in writing to the court, and the answers thereto. 8. Verdict of the jury and the judgment thereon. 9. As- signments of error [198]. 10. Brief of argument of the appellant (See Rule 36 [199]). n. Appendix containing the evidence, and the pleadings in full, including any opin- ion of the court below filed in the case, and copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understand- ing of the case (See Rules 24 [156] and 39 [189]. Su- preme Court Rule 29. In all cases where the appeal is from a judgment on a verdict, the paper-book of the appellant shall contain the following matters in the following order: I. Names of all the parties as they stood on the record of the court below at the time of the trial, with the addition of the word "ap- pellant" after the name of the party taking the appeal, and the form of the action. 2. Copy of the docket entries, 3. Abstract of the proceedings showing the issue and how 280 JUDGMENT ON VERDICT. 189-205] Contents 190, ( 1 ) - ( 3 ) it was made. 4. Statement of the questions involved (See Rule 23 [196]). 5. History of the case (See Rule 24 [I97])- 6. Charge of the court, naming the judge, the points, if any, which were submitted in writing to the court, and the answers thereto. 7. Verdict of the jury and the judgment thereon. 8. Assignment of error [198]. 9. Brief of argument of the appellant (See Rule 25 [199]. 10. Appendix containing the evidence, and the pleadings in full, including any opinion of the court below filed in the case, and copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rule 21 [156] and 28 [189]). Superior Court Rule 17. Forms. See Appendix, 58, with comments. (1) Names of Parties, (a) Where names are not set out in papei- book, non-pros will be entered: O'Donnell v. Clements, 23 Pa. Super. 447, 1903; (b) appeals in different actions, where there are different parties, should not be combined in a paper-book: Philadelphia v. Merklee, 159 Pa. 515, 1894. (2) Term and Number in Court Below. While not required by rule of court, proper practice suggests that the term and number of the case in the court below be given, in all cases. They should be in- serted after the name of the lower court on the first page of the cover. (3) Docket Entries, (a) Omission of docket entries of case stated will justify quashing appeal: Dougherty v. Cumberland Co., 22 Pa. Super. 591, 1903; Warwick Steel Co. v. McKeag, 205 Pa. 490, 1903; Com. v. Pilnik, 29 Pa. Super. 285, 1905; (b) the record should be exactly copied without rearrangement or abbreviation: Bristor v. Tasker, 135 Pa. 110, 1890; Trescott v. Bank, 212 Pa, 47, 1905; North Mountain Water Co. v. Troxell, 223 Pa. 315, 1909; (c) intentional al- tering of docket entries is punishable by disbarment : Bristor v. Task- r, 135 Pa. 110, 1890; (d) on appeal from judgment affirming pro- ceedings before a justice under Act Dec. 14, 1863, P. L. (1864) 1125, 2 Purd. 2194, pi. 33, record of proceedings before a justice must be printed: Cunningham v. Everett, 24 Pa. Super. 469, 1904; (e) omis- 281 PAPER-BOOKS. 190 (4)- (12) (a) Judgment on Verdict [Chap. 13, sion thereof is not corrected by printing continuance docket entries or reciting facts from opinion of lower court. Id. (4) Verdict. A verdict not set forth in paper-book cannot be made basis of assignment of error: McCoy v. Hance, 28 Pa. 149, 1857. (5) Judgment Below. Where paper-book does not show judg- ment in court below, appeal will be quashed: Warwick Iron & Steel Co. v. McKeag, 205 Pa. 490, 1903. (6) Statement of Question. See 196, below. (7) History of Case. See 197, below. (8) Charge. The charge must be printed in full, and the portions assigned for error enclosed with brackets properly numbered. This will show the context necessary for a decision of the case and will greatly facilitate the labors of the court and counsel. Appeal will be quashed where charge is not printed: Fritzius v. Brennan, 28 Pa. Su- per. 365, 1905; National Lumber Co. v. Mehaffey, 30 Pa. Super. 544, 1906; Patton v. Allegheny L. & T. Co., 36 Pa. Super. 296, 1908; see 186, and note (1). (9) Specifications of Error. See 198, below. (10) Brief. See 199, below. (11) Appendix. Appendix should contain record in full: Stokely v. Trout, 3 Watts 163, 1834; Philadelphia v. Riddle, 25 Pa. 259, 1855; Mitchell v. Com., 37 Pa. 187, 1860; LaPlume Borough, 18 W. N. C. 82, 1886. See 156, above. (12) Evidence, (a) The evidence must be printed in full : Stokely v. Trout, 3 Watts. 163, 1834; Plank Rd. Co. v. Rineman, 20 Pa. 99, 1852; Thomas v. Snyder, 23 Pa. 515, 1854; Phila. v. Riddle, 25 Pa. 259, 1855; Allegheny City v. Nelson, 25 Pa. 332, 1855; Graff v. Bar- rett, 29 Pa. 477, 1857 ; Mitchell v. Com., 37 Pa. 187, 1860 ; Eakman v. Schaffer, 48 Pa. 176, 1864; Brindle v. Brindle, 50 Pa. 387, 1865; O'Donnell v. Allegheny R. R., 50 Pa. 490, 1865; Davenport v. Wright, 51 Pa. 292, 1865; Smith v. Ege, 52 Pa. 419, 1866; Borough v. Dorer, 16 P. L. J. 51, 1867; Sorg v. St. Paul's Congregation, 63 Pa. 156, 1869; Elbert v. Folwell, 1 W. N. C. 228, 1874; Wacker v. Straub, 88 Pa. 32, 1878; Oakland Ry. v. Thomas, 1 Penny. 435, 1881; McCandles v. Young, 96 Pa. 289, 1881 ; Shlippy v. Foust, 3 Walk. 56, 1882 ; Schultz 's Ap., 6 Sad. 300, 1887; Wagenhorst's Ap., 126 Pa. 127, 1889; Lowenstein v. Ins. Co., 132 Pa. 410, 1890; Crawford v. City, 23 W. N. C. 141, 1889; 282 JUDGMENT ON VERDICT. 189-205] Evidence 190 (12) (a)-(i) Greenhoe v. College, 144 Pa. 131, 1891; Pittenger v. Kennedy, 148 Pa. 198, 1892; McElheny v. McKeesport Bridge Co., 153 Pa. 108, 1893; Com. v. Werntz, 161 Pa. 591, 1894; Bradley v. Vernon, 166 Pa. 603, 1895; Susong's Ap., 2 Pa. Super. 611, 1896; Woodward v. Heist, 180 Pa. 161, 1897; Wilson v. Keller, 195 Pa. 98, 1900; Wills v. Hard- castle, 19 Pa. Super. 525, 1902; Com. v. Hasse, 21 Pa. Super. 291, 1902; Com. v. Sober, 22 Pa. Super. 22, 1902; Backenstoe v. Nine, 22 Pa. Super. 29, 1902; Hoff v. Hamilton, 28 Pa. Super. 76, 1905; Union Trust Co. v. Cain (No. 2), 29 Pa. Super. 197, 1905; Miller v. Doyle, 211 Pa. 59, 1905; Nat. Lumber Co. v. Mehaffey, 30 Pa. Super. 544, 1906; Com. v. Miller, 31 Pa. Super. 309, 1906 ; Crane Marks Co. v. Gordon, 33 Pa. Super. 315, 1907; Hoffman's Est., 37 Pa. Super. 548, 1909; see also 187, note (1), as to printing evidence in assignment of error; (b) failure to do so will justify dismissal of all assignments on which testimony has bearing : Joyce v. Lynch, 17 W. N. C. 79, 1885 ; Bradley v. Vernon, 166 Pa. 603, 1895; Wilson v. Keller, 195 Pa. 98, 1900; Wills v. Hardcastle, 19 Pa. Super. 525, 1902; Com. v. Hasse, 21 Pa. Super. 291, 1902; Wilson v. Snyder, 22 Pa. Super. 451, 1903; Fritzius v. Brennan, 29 Pa. Super. 365, 1905; Com. v. Quinn, 42 Pa. Super. 490, 1910; (c) and will warrant presumption that testimony omitted was proper, or that charge assigned for error was proper : Alexander v. Bank, 1 Pa. 395, 1845; Himblewright v. Armstrong, 25 Pa. 428, 1855; Joyce v. Lynch, 17 W. N. C. 79, 1885; Bradley v. Vernon, 166 Pa. 603, 1895; Wilcox v. Snyder, 22 Pa. Super. 451, 1903; (d) but counsel may agree that certain evidence need not be printed : Wilson v. Keller, 195 Pa. 98, 1900; see also 156, above; (e) and evidence wholly unnecessary to an understanding of the case need not be printed : Mc- Beth v. Newlin, 15 W. N. C. 129, 1884; (f) printing 100 pages of testimony in narrative form and in small type is subject to grave criticism: Herrington's Est., 17 Pa. Super. 530, 1901; (g) court will not consider allegation that default is due to court stenographer when it does not appear that every reasonable effort has been made to compel him to perform his duty: Com. v. Hasse, 21 Pa. Super. 291, 1902; Com. v. Ezell, 212 Pa. 293, 1905; (h) recital of facts in opinion of trial judge is not a substitute for printing testimony in absence of agreement to that effect: Hoff v. Hamilton, 28 Pa. Super. 76, 1905; (i) where appellant fails to print testimony, such omission is not cured by appellee printing part of it: Smith v. Bank, 15 W. N. C. 326; (j) and if appellee prints testimony which should have been 283 PAPER-BOOKS. 190(12)(j)-(13)(a) Judgment on Verdict Evidence [Chap. 13, printed by appellant, latter may be ordered to pay for printing: Solts's Ap., 4 W. N. C. 298, 1877; Wharmby's Ap., 4 Kulp 23, 1885; (k) findings of auditor or referee will not be considered unless evi- dence is printed: Singmaster's Ap., 86 Pa. 169, 1878; Susong's Ap., 2 Pa. Super. 611, 1896; Osterheldt v. Phila., 195 Pa. 355, 1900; Pitts- burgh Wagon Works' Est., 198 Pa. 250, 1901; Stockdale v. Maginn, 207 Pa. 227, 1903; Penn-Gaskell 's Est., 208 Pa. 346, 1904; O'Donnell v. Clements, 23 Pa. Super. 447, 1903; Thompson v. Prettyman, 231 Pa. 1, 1911; (1) same rule applies to evidence which forms basis of any judgment or decree of orphans' court: Board of Publi- cation's Ap., 35 L. 1. 114, 1878; D'Arros's Ap., 89 Pa. 51, 1879; Hynd- man v. Hogsett, 111 Pa. 643, 1886; Schultz's Ap., 6 Sad. 300, 1887; Wagenhorst's Ap., 126 Pa. 127, 1889; Feagley v. Norbeck, 127 Pa. 238, 1889 ; Bordo v. R. R., 141 Pa. 484, 1891 ; Humphrey v. Tozier, 154 Pa. 410, 1893; (m) or of quarter sessions: Madison Overseers v. Over- seers, 3 Sad. 494, 1886; Springer v. Stiver, 16 Pa. Super. 184, 1901; (n) where findings of fact are objected to, counsel should collect evi- dence in full in their argument, giving references to pages: Morgan's Ap., 19 W. N. C. 19, 1887; Singmaster's Ap., 86 Pa. 169, 1887; (o) on appeal by receiver, decree will be affirmed where necessary testi- mony has not been printed, though receiver had insufficient funds to pay for printing: Miller v. Doyle, 211 Pa. 59, 1905; (p) assignments to ruling on evidence must contain references to page of paper-book where evidence referred to is to be found: Fitzgerald v. Electric Co., 207 Pa. 118, 1903; Cameron v. Traction Co., 216 Pa. 191, 1907; see also 187, note (1) (g) ; (q) names of witnesses should be printed: Gerwig v. Johnston Co., 207 Pa. 585, 1904; see also 187, note (3) ; (r) where assignment of error is to discharge of rule for new trial, and deposi- tions submitted on argument of rule are not printed in appellant's paper-book, appellate court will assume that facts are as stated in opinion of lower court discharging rule : Volk v. Beatty, 40 Pa. Super. 628, 1909 ; (s) in printing testimony, it is well to enclose the portions assigned for error in brackets properly numbered. This will aid in finding the references from the assignments as required by rules of court. See 187, above. (13) Documentary Evidence, (a) Documentary evidence must be printed, or assignments relating to it will be dismissed: Whetstone v. Bowser, 29 Pa. 59, 1857; Brindle v. Brindle, 50 Pa. 387, 1865; Aiken v. Stewart, 63 Pa. 30, 1869; Palethorp v. Whitaker, 1 W. N. C. 163, 1873; 284 JUDGMENT ON VERDICT. 189-205] Documentary Evidence 190 (13) (a)- (v) Clever 's Est., 154 Pa. 481, 1893; McGeary v. Raymond, 17 Pa. Super. 308, 1901; MeKnight v. Newell, 207 Pa. 562, 1904; Allentown v. Acker- man, 37 Pa. Super. 363, 1908; Pottsville Boro. v. Gas Co., 39 Pa. Super. 1, 1909; (b) the rule has been enforced in case of deeds: Stokely v. Trout, 3 Watts 163, 1834; Phila. v. Riddle, 25 Pa. 259, 1855 ; Himblewright v. Armstrong, 25 Pa. 428, 1885; Steel v. Hall, 38 L. I. 240, 1881; (c) mortgages: Union Trust Co. v. Cain (No. 2), 29 Pa. Super. 197, 1905; (d) policy of insurance: Backenstoe v. Nine, 22 Pa. Super. 29, 1903; (e) rule of reference: Alexander v. Bank, 1 Pa. 395, 1845; (f) letters: Edwards v. Tracy, 62 Pa. 374, 1870; Erie City Iron Works v. Barber, 106 Pa. 125, 1884; (g) municipal ordinance: Wilvert v. Sunbury, 81% Pa. 57, 1871; Erie v. Bier, 10 Pa. Super. 381, 1899; (h) bill in equity and report of master: Sweetzer v. Atterbury, 100 Pa. 18, 1882 ; Com. v. Sober, 22 Pa. Super. 22, 1903 ; (i) notice of peti- tion for incorporation of borough: Moosic Boro., 12 Pa. Super. 353, 1900; (j) deposition: First Nat. Bank v. Shreiner, 110 Pa. 188, 1885; (k) disclaimer in ejectment; Thompson v. Kaufman, 9 Pa. Super. 305, 1899; (1) docket entries and record of former suit: Ott v. Oyer, 106 Pa. 6, 1886; Goodhart v. Bishop, 142 Pa. 416, 1891; (m) pleadings: note (14), this section; (n) record of justices' proceedings: Cunning- ham v. Everett, 24 Pa. Super. 469, 1904; (o) maps, drafts or plans: Pittenger v. Kennedy, 148 Pa. 198, 1892; Hudson v. Watson, 2 Pa. Super. 422, 1896; (p) wills: Jennings 's Est., 38 Pa. Super. 522, 1909; (q) petition for appointment of road viewers: Bent v. Twp. Road, 41 Pa. Super. 57, 1909 ; (r) rule of court : Haines v. Young, 13 Pa. Super. 303, 1900 ;( a) in accident case, accurate plan of place where accident occurred, of convenient size, should be used on trial, and accompany paper-book on appeal: Kupp v. Rummel, 199 Pa. 90, 1901; (t) where appellant fails to print in his paper-book a writing which is an essen- tial feature of the case, appellate court will accept as correct state- ments made as to paper by trial judge in his charge: Krider v. Hart- zell, 40 Pa. Super. 186, 1909; see 156 for procedure when counsel fail to agree as to necessity of printing plans and drawings; (u) where suit for demurrage of cars turns on construction of rules of interstate commerce commission, such rules must be printed: Penna. R. R. v. Coal Co., 42 Pa. Super. 187, 1910; (v) where error is to re- fusal to admit notes of testimony taken in other proceedings, proof that witness was beyond jurisdiction or for other reason could not be produced, should be printed: Com. v. Williams, 41 Pa. Super. 326, 285 PAPER-BOOKS. 190 (14) -191 Judgment on Verdict [Chap. 13, 1910 ; see also as to including copy of documentary evidence in assign- ments of error, 187, note (2). (14) Pleadings, (a) If pleadings are not printed, judgment will be affirmed or non-suit entered : Bartlett v. Kingan, 19 Pa. 341, 1852; Shamburg v. Abbott, 121 Pa. 443, 1888; Rundell v. Kalbfus, 125 Pa. 123, 1889 ; Finch v. Conrade, 154 Pa. 326, 1893 ; Talcott v. Oppen- heimer, 159 Pa. 506, 1895; Nulton v. Campbell, 15 Pa. Super. 151, 1900; Harris's Petition, 15 Pa. Super. 471, 1900; Sailor v. Reamer, 20 Pa. Super. 597, 1902; Oakland Boro. v. Boyden, 22 Pa. Super. 278, 1902; Updegraff v. Snyder, 36 Pa. Super. 30, 1908; (b) this rule ap- plies with special force to plaintiff's statement: Richardson v. Gosser, 26 Pa. 335, 1855; McCoy v. Hance, 28 Pa. 149, 1857; Whetstone v. Bowser, 29 Pa. 59, 1857; Thome v. Wharfflein, 100 Pa. 519, 1882; Mc- Fadden v. Rausch, 119 Pa. 507, 1888; McCahan v. Wharton, 121 Pa, 424, 1888; Murdock v. Martin, 147 Pa. 203, 1892; Finch v. Conrade, 154 Pa. 326, 1893; Walter v. Sun Fire Office, 165 Pa. 381, 1895; Thompson v. Kaufman, 9 Pa. Super. 305, 1899; Com. v. Burns, 14 Pa. Super. 248; 1900; Carson v. Hosiery Co., 15 Pa. Super. 476, 1900; Morris v. Rapid Tr. Co., 215 Pa. 317, 1906; Quigley v. Ins. Co., 35 Pa. Super. 51, 1907; (c) and to affidavit of defence: Ahl v. Goodhart, 161 Pa. 455, 1894; (d) where overruling demurrer is assigned as error, demurrer must be printed: Bartlett v. Kingan, 19 Pa. 241, 1852; (e) petition for transfer of liquor license must be printed: Trimble's Li- cense, 41 Pa. Super. 370, 1910. (15) Opinion, (a) Appeal will be quashed if opinion of court below is not printed: Ahl v. Goodhart, 161 Pa. 455, 1894; Warwick Iron Co. v. McKeag, 205 Pa. 490, 1903 ; Sanker v. R. R., 205 Pa. 609, 1903 ;(b) on appeal from order confirming auditor's report, copy of report and exceptions thereto and also decree on such exceptions should be printed: Fair's Est., 34 Pa. Super. 263, 1907. 191. Judgment on Case Stated. Where the judg- ment is on a case stated in the nature of a special verdict, the facts as agreed on by the parties, the opinion of the court, statement of the questions involved, assignments of error, and argument of counsel will be sufficient. Paper- books in cases not provided for in these rules shall conform 286 JUDGMENT ON CASE STATED. 189-205] Judgment not on Verdict, etc. 191, 192 as nearly to said rules as circumstances will admit. Su- preme Court Rule 32; Superior Court Rule 22. (1) Requirements of Paper-Book, (a) When on appeal from pro- ceedings on case stated paper-book contains no docket entries, no judgment or opinion of court below, and no assignments of error, ap- peal will be quashed : Warwick Iron Co. v. McKeag, 205 Pa. 490, 1 903 ; (b) likewise where there is nothing to show existence of pending suit: Sturm v. Sawyer, 2 Pa. Super. 254, 1896; Forney v. Hunting- don Co., 6 Pa. Super. 397, 1898; Dougherty v. Cumberland Co.. 22 Pa. Super. 591, 1903; Hafer v. McKelvey, 23 Pa. Super. 202, 1903; (c) proceedings must be printed in full: Rounds v. Stevenson, 1 W. N. C. 429, 1874. For other cases as to general requirements, see preceding section. 192. Judgments at Law not Founded on Verdict or Case Stated. In all cases where the appeal is from a final judgment at law in the common pleas, not founded upon a verdict or on a case stated, the paper-book of appel- lant shall contain: I. Names of all the parties as they stood on the record of the court below at the time of the entry of the judgment, with the addition of the word "ap- pellant" after the name of the party taking the appeal, and the form of the action. 2. Abstract of the record showing the exact questions presented for the decision of the court and how disposed of. 3. When necessary, a certificate of the trial judge showing the amount in controversy (See Rule 23 [ 117 (B)]). 4. Statement of the questions in- volved (See Rule 34 [196]. 5. History of the case (See Rule 35 [197]). 6. Requests for findings of facts and law and the answers thereto. 7. Report of facts and law by the judge sitting without a jury. 8. Exceptions to the find- ings of the court. 9. Opinion filed. 10. Judgment of the court, ii. Assignments of error [198]. 12. Brief of argu- ment of appellant (See Rule 36 [199]). 13. Appendix, containing the record in full, except the parts thereof 287 PAPER-BOOKS. 192 Judgment not on Verdict, etc. [Chap. 13, printed in the paper-book proper, and unless dispensed with by the appellee, the evidence submitted in the court below. 14. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case (See Rules 24 [156] and 39 [ J 89]). Supreme Court Rule 30. In all cases where the appeal is from a final judgment at law in the common pleas, not founded upon a verdict or on a case stated, the paper-book of appellant shall contain : i. Names of all the parties as they stood on the record of the court below at the time of entry of the judgment, with the addition of the word "appellant" after the name of the party taking the appeal, and the form of the action. 2. Abstract of the record showing the exact questions pre- sented for the decision of the court and how disposed of. 3. Statement of the questions involved (See Rule 23 [196]). 4. History of the case (See Rule 24 [197]). 5. Requests for findings of facts and law and the answers thereto. 6. Report of facts and law by the judge sitting without a jury. 7. Exceptions to the findings of the court 8. Opinion filed. 9. Judgment of the court. 10. Assign- ments of error [198]. u. Brief of argument of appellant (See Rule 25 [199]). 12. Appendix, containing the record in full, except the parts thereof printed in the paper-book proper, and, unless dispensed with by the appellee, the evi- dence submitted in the court below. 13. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understand- ing of the case (See Rules 21 [156] and 28 [189]). Su- perior Court Rule 18. (1) Contents of Paper-Book. See notes to 190. (2) Record Evidence, (a) On appeal from taxation of costs, en- tire record must be brought up and printed : Irwin v. Hawthorn, 6 Pa. 288 EQUITY AND ORPHANS' COURT. 189-205] Contents of Paper-book 193 Super. 165, 1897; (b) on appeal from affirmance of landlord and ten- ant proceedings before justice of peace, record of justice must be printed; otherwise, appeal will be quashed: Cunningham v. Everett, 24 Pa. Super. 469, 1904 ; (c) on appeal from order making assignees of portion of claim prior to verdict equitable plaintiffs in suit, evidence is not necessary to determine question involved, and need not be printed : Beck v. Cricket Club, 45 Pa. Super. 358, 1911. In case of failure of counsel to agree as to necessity of printing plans and drawings, see 156, above. (3) Report of Auditor, Referee or Judge. Appeal from orphans' court will be quashed where report of auditor is not printed : Price 's Est., 45 Pa. Super. 449, 1911; see also 186, note (2), and 190, note (15). 193. Equity and Orphans' Court. In all cases where the appeal is from a proceeding in equity or from a proceeding in the nature thereof in the court of common pleas, or from the orphans' court, the ap- pellant's paper-book shall contain: I. Names of all parties and the nature of the proceedings, including the docket entries. 2.. When necessary, a certificate of the trial judge showing the amount in controversy (See Rule 2 3 [ JI 7 (B)]). 3. Short abstract of the bill or petition and answer. 4. Statement of the questions involved (See Rule 34 [196]). 5. History of the case (See Rule 35 [ I 97D- 6. Report of the auditor, referee or master, if there was one. 7. Requests for findings of fact or law with the answers thereto, and the findings of the judge. 8. Ex- ceptions taken to the report in the court below. 9. Opin- ion of the court on the exceptions, and the decree made. 10. Assignments of error [198]. u. Brief of argument of appellant. [199] 12. Appendix containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be necessary (See Rule 46 [189]. 13. Copies of olans or drawings, whenever they have been used in the court be- 289 19 PAPER-BOOKS. 193(1) (2) Equity and Orphans' Court [Chap. 13, low and are necessary for a correct or ready understand- ing of the case (See Rules 24 and 39 [199]). Supreme Court Rule 31. In all cases where the appeal is from a proceeding in equity or from a proceeding in the nature thereof in the court of common pleas, or from the orphans' court, the appellant's paper-book shall contain: i. Names of the parties and the nature of the proceedings, including the docket entries. 2. Short abstract of the bill or petition and answer. 3. Statement of the questions involved (See Rule 2 3 [ I 96]). 4- History of the case (See Rule 24 [197]). 5. Report of the auditor, referee or master, if there was one. 6. Requests for findings of facts or law with the an- swers thereto, and the findings of the judge. 7. Excep- tions taken to the report in the court below. 8. Opinion of the court on the exceptions, and the decree made. 9. Assignments of error [198]. 10. Brief of argument of appellant [199]. n. Appendix, containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be necessary (See Rule 35 [189]). 12. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready un- derstanding of the case (See Rules 21 and 28 [199]). Su- perior Court Rule 19. (1) Auditor's Report. On appeal from decree dismissing ex- ceptions to auditor's report, requirements and arrangement pre- scribed in appeals in equity must be observed; and if any require- ments of rule are disregarded, appeal will be quashed or non-suit en- tered: Saxton's Est., 195 Pa. 459, 1900; Mauk's Est., 195 Pa. 483, 1900 ; 'Donnell v. Clements, 23 Pa. Super. 447, 1903 ; Moore v. Bisch- off, 25 Pa. Super. 1, 1904. (2) Exceptions Must be Shown. Appeal from award must show exceptions taken: Manley v. Okell, 19 Pa. Super. 240, 1902. 290 PAPER-BOOKS. 189-205] Quarter Sessions 193 (3)- 194 (3) Evidence. "The appellant in printing his paper-book, has omitted part of the evidence which was before the referee and the court below. This was in clear disregard of the rule of the court. Appellant did not consider the omitted portions material, and they may not be so, but among them is part of the cross-examination of the appellant himself. Appellee objects to this omission and the court is without the means of knowing whether the omitted testimony is ma- terial or not. There are no doubt many cases where the bulk of the paper-books can be substantially reduced, to the advantage and convenience of court and counsel, by the omission of evidence relat- ing to matters entirely disconnected with any question involved in the appeal. In such case a very convenient practice followed in some states is to indicate the omission in the following form: 'Here the plaintiff (or defendant) gave evidence tending to prove . . . .' specifying the subject of the omitted evidence distinctly and in posi- tive terms. This practice would be recognized by the court as conven- ient. But it should rest on the agreement of counsel for both par- ties that the omitted portions are immaterial or irrelevant to all the questions involved in this court. Without such agreement, counsel may omit matters which the counsel of the other party deem ma- terial, and the court not being in position to decide will then be obliged to enforce the rule strictly, as we must do in the present case:" Mitchell, J., in Wilson v. Keller, 195 Pa. 98, 1900. See 156. (4) Documentary Evidence. On appeal in equity all documentary evidence should be printed, except such as parties agree to be un- necessary: Brindle v. Brindle, 50 Pa. 387, 1865; Lowenstein v. Ins. Co., 132 Pa. 410, 1890. In case of failure of parties to agree as to ne- cessity of printing plans and drawings, see 156, above. For further cases as to requirements of paper-books, see notes to 190. See also Appendix, 58, for forms, comments, etc. 194. Quarter Sessions Court. In all cases where the appeal is from proceedings in the court of quarter ses- sions, and not provided for in Rule 17, the paper-book shall contain: i. An abstract or brief of all the petitions, motions, orders, reports, exceptions, etc., which may be necessary to give the court here a full view of the record at once; and 291 PAPER-BOOKS. 194-6 Quarter Sessions, etc. [Chap. 13, this in the precise order of their respective dates, and with the date of each prefixed. 2. The exceptions which were overruled or sustained by the final order or judgment of the court. 3. The opinion of the court, if it were filed in writing. 4. Assignments of error. 5. The statement of the questions involved. 6. The argument. 7. Appendix, containing the record in full, and copies of plans or draw- ings whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rules 21, 28, 156, 189). Super. C. Rule 20. (1) Record Must be Printed, (a) Where record is not printed on appeal from quarter sessions, proceedings will be affirmed: LaPlume Boro., 18 W. N. C. 82, 1886; (b) where form of publication of notice is material, notice must be printed in full : Moosic Boro., 12 Pa. Super. 353, 1900; (c) where it is alleged that sentence in criminal case was unauthorized and illegal, some reason must be given in paper-book, or assignment will not be considered: Stevick v. Com., 1 W. N. C. 512, 1875; (d) an order of court to which exception is taken must be set forth in full: Benzinger Twp. Road, 135 Pa. 176, 1890; see also notes to 190, above. (2) "By" read "and." "By," in division 2, above, by analogy, should, it seems, read "and." The phraseology is taken from rules adopted Sept. 6, 1852. 195. Certificate of Amount in Controversy. The certificate of amount in controversy must be printed in the appellant's paper-book in all cases in which such cer- tificate is required to be filed by Supreme Court Rule 23, 117 (B), above. 196. Statement of Question Involved. The statement of the question involved is designed to enable the court to obtain an immediate view of the nature of the controversy. It must state the question or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind whatever. It should 292 STATEMENT OF QUESTIONS INVOLVED. 189-205] Requirements 196 not ordinarily exceed ten lines, and must not, under any circumstances, exceed half a page. This rule is to be re- garded as in the highest degree mandatory and admitting of no exception. Supreme Court Rule 34; Superior Court Rule 23. (1) Statement of Question Necessary. Where appellant's paper- book does not contain statement of question involved, it will be sup- pressed and appeal quashed or non-pros entered: Fifth Ward B. & L. Asso. v. Boylan, 198 Pa. 250, 1901; Manley v. Okell, 19 Pa. Super. 240, 1902; Herlehy v. Shrader, 20 Pa. Super. 240, 1902; Sailor v. Reamer, 20 Pa. Super. 597, 1902; Oakland Boro. v. Boyden, 22 Pa. Super. 278, 1903; Com. v. Kreinbrook, 23 Pa. Super. 511, 1903; Roush's Est., 23 Pa. Super. 652, 1903; Bousquet's Est., 206 Pa. 534, 1903; H v. T , 208 Pa. 233, 1904; Rabinowitz v. Kenah, 31 Pa. Super. 334, 1906; McMellen v. Williamson, 32 Pa. Super. 263, 1906. (2) Requirements of Statement, (a) Averment that question in- volved is "the correctness of answers to certain of defendant's points; portions of the charge specially assigned as error," is not in com- pliance with rule: Jones v. Matheis, 17 Pa. Super. 220, 1901; (b) nor that it is "sufficiency of affidavit of defence:" Devers v. Sollenberger, 25 Pa. Super. 64, 1904; (c) statement which merely sets forth self-evi- dent propositions to which negative answers must necessarily be given and fails to cover actual questions involved or indicate ap- pellee's view of case, does not meet object of rule: Swisher v. Sipps, 19 Pa. Super. 43, 1902; International S. & T. Co. v. Kleber, 29 Pa. Super. 200, 1905; (d) statement should set forth grounds of objec- tion : International S. & T. Co. v. Kleber, 29 Pa. Super. 200, 1905 ; (e) and should refer to questions raised by assignments of error: Henning v. Keiper, 37 Pa. Super. 488, 1909; (f) when a case is called for ar- gument, the first object of the court is to find out what it is about; the question that the court is called upon to consider. In the pressure for time, this must be done rapidly, and if the real question cannot be gathered at once from the paper-books, the court must delay or lose part of counsel's argument while picking it out from the mass of more or less material details usually included in the history of the case. The requirement of a statement of the bare question involved, is designed to remedy this inconvenience. As the rule in regard to it will be most strictly enforced, the attention of counsel is specially 293 PAPER-BOOKS. 196 (2) (g)- 197 History of Case [Chap. 13, called to it: Memorandum to Supreme Court Rule, p. 15 (1900); (g) statement should include any question which, though unrelated to main matter for decision, is sufficiently important to be assigned for error: Willock v. R. R., 229 Pa. 326, 1911. For illustrations showing what is required in statement of question, see Appendix, 58 (A). (3) Statement Limited to Half Page, (a) The provision limiting statement to half a page is mandatory and violation thereof will war- rant suppression of paper-book and entry of non-pros: Van Sciver v. McPherson, 199 Pa. 331, 1901; Swisher v. Sipps, 19 Pa. Super. 43, 1902; H. v. T., 208 Pa. 233, 1904; Creachen v. Carpet Co., 214 Pa. 15, 1906; McMellen v. Williamson, 32 Pa. Super. 263, 1907; Com. v. Strail, 220 Pa. 483, 1908; (b) statement covering seventeen lines has been held sufficient: Ripka v. Ins. Co., 36 Pa. Super. 517, 1908; (c) but one covering twenty-nine lines not : Van Sciver Co. v. McPherson, 199 Pa. 331, 1901 ; (d) or a whole page : Cayuga B. & L. Asso. v. Mac- Mullen, 46 Pa. Super. 94, 1911. 197. History of Case. The history of the case must contain a closely condensed statement of all the facts of which a knowledge may be necessary in order to deter- mine the points in controversy here, but must not contain any argument or any portion of the testimony. Supreme Court Rule 35 ; Superior Court Rule 24. (1) History of Case, (a) The history of the case should make no statements not justified by evidence: Levin v. Traction Co., 194 Pa. 156, 1899; (b) and should not be argumentative: Rafferty v. Don- nelly, 197 Pa. 423, 1900; Slater v. Slater, 209 Pa. 194, 1904; (c) nor of undue length: Slater v. Slater, 209 Pa. 194, 1904; (d) on appeal from judgment of court on rule for judgment for want of sufficient affidavit of defense, only statement and affidavit of defense can be considered and history of case is unnecessary: Hutton v. McLaughlin, 1 Pa. Super. 642, 1896; (e) if affidavit does not go to merits of case but only to sufficiency of statement, facts not appearing in statement should not be set forth in defendant's history of case and brief of argument: De Cou Bros. v. Englander, 39 Pa. Super. 243, 1909; (f) paper-book is defective if it does not contain history of case : Com. v. Cummings, 45 Pa, Super. 211, .1911. 294 PAPER-BOOKS. 189-205] Assignments of Error 198 (1) 198. Assignments of Error. When the error as- signed is to the admission or rejection of evidence, or to the striking out or refusal to strike out evidence, the speci- fication must quote the questions or offers, the ruling of the court thereon, and the evidence admitted, or rejected, stricken out, or which the court refuses to strike out, to- gether with a reference to the page of the paper-book or appendix where the matter may be found in its regular order in the printed evidence or notes of trial. When the error alleged is the admission or rejection of a writing, a full copy of the writing must be printed in the paper-book. Any assignment of error not according to this and the rule immediately preceding will be disregarded. Supren e Court Rule 28; Superior Court Rule 16. When in the printed copy of the assignments of error or in the printed argument reference is made to the testimony, to the charge of the court, or to other matter appearing upon the record, the pages must be stated where the mat- ter referred to is to be found in the paper-book or appendix. Supreme Court Rule 39; Superior Court Rule 28. (1) Evidence Must be Printed, (a) Court will not consider as- signments based on testimony not printed in paper-book: Brook v. Church, 135 Pa. 137, 1890; Saxton's Est., 195 Pa. 459, 1900; see also cases 187, note (1) ; (b) it is not enough that the text of assign- ment be supplemented by evidence set out in appendix: London As- surance Co. v. Russel, 1 Pa. Super. 320, 1896 ; Wfraley v. Bank, 28 Pa. Super. 531, 1905; see also cases 187, note (1) (f) ; (c) when error as- signed is refusal of court to submit case to jury, whole evidence must be printed: Davenport v. Wright, 51 Pa. 292, 1865; Sorg v. St. Paul's Congregation, 63 Pa. 156, 1869; (d) where assignments are not print- ed, appeal will be quashed: Com. v. Kreinbrook, 23 Pa. Super. 511, 1903; (e) court may, in its discretion, permit amendment of assign- ment at bar: Zimmerman v. Camp, 155 Pa. 152, 1893; Swope v. Don- nelly, 190 Pa. 417, 1899; (f) where assignment is to refusal of new 295 PAPER-BOOKS. 198 (2) -199 Assignments Argument [Chap. 13, trial, reasons on which motion was based must be printed: Moyer v. Phillips, 40 Pa. Super. 1, 1909; cf. 185, note (2) (d). (2) Reference to Page. Page of paper-book must be given: De Roy v. Richards, 8 Pa. Super. 119, 1898; Cameron v. Traction Co., 216 Pa. 191, 1907; Boyce v. Asso., 218 Pa. 494, 1907; American Car Co. v. R. R., 218 Pa. 519, 1907; Downey Bros. v. R. R., 219 Pa. 32, 1907; Kalin v. Wehrle, 36 Pa. Super. 305, 1908; Com. v. Yocum, 37 Pa. Super. 237, 1908; see also 187, note (1) (g). (3) Writings Must be Printed, (a) When alleged error is as to admission of certain papers, copy thereof must be printed: Com. v. Johnson, 5 Pa. Super. 585, 1897; Cycle Co. v. Jones, 12 Pa. Super. 135, 1899; Jenkinson v. Eggers, 28 Pa. Super. 151, 1905; Creachen v. Carpet Co., 214 Pa. 15, 1906; (b) where error assigned is certain order of court, order must be set forth in full : Township Road, 135 Pa. 176, 1890; Arnold v. Car Co., 212 Pa. 303, 1905; see also 190, note (13). For general principles governing assignments of error, see 183-8. (4) Forms. See Appendix, 58 (A). 199. Brief of Argument. The brief of the argu- ment must contain a clear statement of the points on which the party relies, with such reasons and arguments as he may see proper to add, together with all the authorities which he thinks pertinent. Where the error assigned is to the finding of fact by an auditor or master, the printed ar- gument shall contain a synopsis of all the evidence bearing upon such disputed question of fact with reference to the page or pages of the appendix of the paper-book where such evidence may be found in extenso. Supreme Court Rule 36; Superior Court Rule 25. When in the printed copy of the assignments of error or in the printed argument reference is made to the testimony, to the charge of the court or other matter appearing upon the record, the pages must be stated where the matter referred to is to be found in the paper-book or appendix. Supreme Court Rule 39; Superior Court Rule 28. (1) General Form and Contents of Brief, (a) Where appellant's 296 PAPER-BOOKS. 189-205] Arguments Authorities 199 (1) (b)- 200 paper-book contains no argument in support of specifications of error, appeal will be dismissed: Stockdale v. Maginn, 131 Pa. 507, 1890; (b) argument should be divided so as to apply separately to different specifications of error ; this is much more effective than treating whole subject as general theme: Edenburg Poor Dist. v. Strattonville Poor Dist., 5 Pa. Super. 516, 522, 1897; (c) where language of argument reflects on court below, or on counsel for opposite side, paper-book may be suppressed: Palethorp v. Whitaker, 1 W. N. C. 163, 1873; (d) or where it reflects on master in equity: Matthew's Ap., 13 W. N. C. 502, 1883; (e) or on an attorney in the case: Williams v. Phila., 208 Pa. 282, 1904; (f) instead of suppressing paper-book, scandalous matter may be ordered expunged from record : Williams v. Phila., 208 Pa. 282, 1904; (g) where appeal is from refusal of motion for new trial, reasons given in support of motion must be printed : Hentzler v. Weniger, 32 Pa. Super. 164, 1907; (h) if affidavit of defense does not go to merits of case but only to sufficiency of statement, facts not ap- pearing in statement should not be inserted in defendant's brief of argument : De Cou Bros. v. Englander, 39 Pa. Super. 243, 1909. (2) Citation of Authorities. See 200, below; App., 58 (A), X. (3) Synopsis Necessary. On appeal from findings of fact by master, if argument does not contain synopsis of evidence, with re- ference to pages where evidence may be found in ertenso, appeal will be dismissed : Silliman v. Kuhn, 142 Pa. 461, 1891. 200. Citation of Authorities. When authorities are cited the principle intended to be sustained by each case must be stated. Cases of this court decided since the com- mencement of the State Reports and cases of the Superior Court must be cited by the volume of the Official Reports. Wherever decisions of said courts are cited from legal periodicals, they must be accompanied by the certificate of counsel, inserted at the end of the argument but not in the body thereof, that said cases have not been reported in the Official Reports. Whenever a statute is cited, the refer- ence shall be to the pamphlet laws and also to a standard digest in which it may be found. Supreme Court Rule 37. When authorities are cited, the principle intended to be 297 PAPER-BOOKS. 200 Citation of Authorities [Chap. 13, sustained by each case must be stated. Cases of the Su- preme Court decided since the commencement of the State Reports, and cases of this court, must be cited by the volume of the official reports. Wherever decisions of said courts are cited from legal periodicals, they must be ac- companied by the certificate of counsel, inserted at the end of the argument but not in the body thereof, that said cases have not been reported in the official reports. When- ever a statute is cited, the reference shall be to the pamph- let laws and also to a standard digest in which it may be found. Superior Court Rule 26. (1) Accuracy in Preparing Paper-Book, (a) "Care and accuracy in the preparation of paper-books is as much a professional duty as pointed and logical presentation of the client's cause. While not seldom many authorities are cited which have little or no bearing on the questions to be decided, still our duty requires of us an examina- tion of all those which counsel point out to us as sustaining his ar- gument. In view of this, he should correctly give us the volume, page and names of the parties in each citation The duty of counsel to secure accuracy is just as imperative in reading proof as in the preparation of manuscript; if they neglect to do either, it is often impossible for us to give to their causes that critical examina- tion their importance demands:" Dean, J., in Tanney v. Tanney, 159 Pa. 277, 286, 1893. (b) "In citing reports, the names of the parties and the page of the book where the case begins, should be carefully and accurately given, and not the page merely where the principle cited is to be found. Dates should be scrupulously given. Errors in this particular are often embarrassing, as, in writing opinions, the judges often cannot have the records before them to refer to. Re- missness in correcting the proofs of paper-books is also very often a noticeable feature of some practitioners. First impressions of slov- enly work are never very favorable to the party presenting it, and this ought to be sedulously guarded against. If nothing else, a de- cent respect for the court ought to cause reasonable care in this par- ticular:" Thompson, C. J., in Burkholder v. Stahl, 58 Pa. 371, 379, 1868. 298 PAPER-BOOKS. 189-205] Appeals from Superior Court 200, 201 (2) Principles to be Proved to be Stated. No rule is more impor- tant than that requiring reference to principles intended to be proved by authorities cited. The reason of the rule is to enable judges of appellate court at once, without resort to the books themselves, which is not possible during arguments, to see what bearing the prin- ciple is to have on facts, or whether or not it supports the position contended for, and if so, whether it will affect the general result of the case : Burkholder v. Stahl, 58 Pa. 371, 379, 1868. See address by Justice Miller on Use and Value of Authorities, 121 Pa. XIX. (3) Pennsylvania Cases Required. "The paper-book of the ap- pellant is open to just complaint. In a rather full brief of cases from other states not a single Pennsylvania decision is referred to, al- though, as this opinion shows, there are several which are much closer in point than any of those cited, and they are of course much more authoritative with us than those of other states, however well reasoned. In the pressure of business on this court we ought not to be called on to do counsel's work. It is not always possible to recall at once even cases with which we are familiar, and we should be able to rely on counsel for reference at least to everything relevant and material in our own reports. Counsel who neglect this duty take a risk not fair either to the court or their client : ' ' Mitchell, J., in Dug- gan v. B. & 0. R. R., 159 Pa. 248, 256, 1893. (4) Citing by Reporter's Name. If Pennsylvania cases are cited by name of reporter, in violation of rule, paper-book will be sup- pressed: Farquhar v. McAlevy, 142 Pa. 233, 1891. 201. Appeals from Superior Court. Paper-books on appeals from the Superior Court shall contain the peti- tion and the order allowing the appeal, the opinion of the Superior Court, the dissenting opinion or opinions, if any, and assignments of error to the judgment of the Superior Court. If it is desired to use the paper-books used in the Superior Court, they shall have a prefatory or supple- mentary addition containing the matters hereby required. Supreme Court Rule 33. Assignments. See 188 and notes. 299 PAPER-BOOKS. 202,203 Appellee's Book Service Copies [Chap. 13, 202. Paper-Book of Appellee. The paper-book of the appellee may, if he chooses, contain no more than his argument. But he may at his option make a counter-state- ment of the question involved, and also, separately, a his- tory of the case with the facts as he claims them to be. Supreme Court Rule 38; Superior Court Rule 27. (1) Printing Evidence by Appellee, (a) Appellee cannot be com- pelled to print evidence: Solts's Ap., 4 W. N. C. 298, 1877; (b) but if he does print evidence that should have been printed by appellant, latter may be ordered to pay for printing: Solts's Ap., 4 W. N. C. 298, 1877; Wharmby's Ap., 4 Kulp. 23, 1885. See also Act 1911, 156, above. (2) Form for Appellee's Paper-Book. For directions as to forms for appellee's paper-book, see Appendix, 58 (K). 203. Service (A) Generally Number of Copies to be Furnished. In all cases, except those originat- ing in the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney, at least twelve days before the day appointed for hearing the cases from the county where the cause was tried; and the appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days before the time appointed for hearing as afore- said. But if the appeal shall have been taken thirty days or more before the day assigned for the hearing as afore- said, the paper-book of the appellant shall be served at least twenty days, and that of the opposite party at least five days, before the days assigned for the hearing of said causes. Supreme Court Rule 41 ; Superior Court Rule 30. When a cause is called for argument, each party shall furnish one copy of his paper-book to each of the judges, and eleven to the prothonotary, two for the Reporter, one for the Law Association of Philadelphia, one for the State 300 PAPER-BOOKS. 189-205] Copies Criminal Cases Phila. Co. 203, 204 Library, one for the Legal Intelligencer, one for the West Publishing Company, two for his office, one for the office of the court in each of the other districts, and one for the Records. Supreme Court Rule 42. When a cause is called for argument, each party shall furnish one copy of his paper-book to each of the judges, and eleven to the prothonotary one for his office, two for the Reporter, one for the Law Association of Philadel- phia, one for the Allegheny County Law Library, one for the State Library, one for the Legal Intelligencer, one for Advance Notes, one for the Hirst Free Law Library, and two for the court crier. Superior Court Rule 31. (1) Number of Copies of Paper-Book. At least fifty copies of the paper-book should be ordered. This provides for any demand which might arise for extra copies in the attorney's own office and also al- lows him to meet reasonable requests for extra copies by other par- ties to the suit or by lawyers or legal publishers interested in the questions involved. (B) Criminal Cases. The appellant shall serve his paper-books on the proper district attorney ten days before the day assigned for the hearing, and the appellee shall serve his three days before the hearing. Supreme Court Rule 13. The appellant shall serve his paper-books on the proper district attorney or in case of appeal by the commonwealth on defendant or his counsel, ten days before the day as- signed for the hearing, and the appellee shall serve his three days before the hearing. Superior Court Rule 7. 204. Philadelphia County. In cases returnable to the first argument period for the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney not later than December i/th. The appellee shall serve a copy of his paper-book 301 PAPER-BOOKS. 204, 205 Phila. County Non-Suit [Chap. 13, on the opposite party, or his attorney, at least five days before the argument, furnish a copy to each judge, and eleven to the prothonotary for the same purposes as the paper-books of the appellant. In cases returnable to the second argument period for the county of Philadelphia, appellant's paper-books shall be served on or before the fifteenth day preceding the first day of the said period, and the appellee's paper-book shall be served within ten days thereafter. Supreme Court Rule 40. In cases returnable to the first argument period for the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney of record, at least ten days before the first day of the week to which the case is assigned for argument. The appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days before the argument, fur- nish a copy to each judge, and eleven to the prothonotary for the same purposes as the paper-books of the appellant. In cases returnable to the December period for the county of Philadelphia, appellant's paper book shall be served on or before the fifteenth day preceding the first day of the said period, and the appellee's paper-book shall be served within ten days thereafter. Superior Court Rule 29. 205. Penalty for Non-Compliance with Rules Non- Suit. When the appellant is in default according to these rules, he may be non-suited on motion ; and when the ap- pellee is in default, he will not be heard except by special indulgence of the court. Supreme Court Rule 43 ; Super- ior Court Rule 32. When paper-books are furnished which differ in any ma- terial respect from those here prescribed, the parties fur- 302 PAPER-BOOKS. 189-205] Penalty for Non-Compliance 205 nishing them shall be considered in the same default as if none had been furnished, and on a proper occasion the court will, of its own motion, non-suit or silence the default- ing party, or suppress the paper-book. Supreme Court Rule 44; Superior Court Rule 33. (1) When Non-Suit Will be Entered. The decision as to when non-suit will be entered or paper-book suppressed will be found under respective sections of this chapter. (2) Paper-Book Should not Include More than One Case. Appeals in different actions in which there are different counsel and different parties should not be combined in one paper-book: Philadelphia v. Merklee, 159 Pa. 515, 1894. 303 HEARING OF CASES. Synopsis of Chapter [Chap. 14, CHAPTER XIV. HEARING OF CASES. 206. Argument List Supreme Court. (A) Appeals from Lower Courts. (B) Appeals from Superior Court. 207. Superior Court. 208. Call of Cases Absence of Parties Non-ProsSupreme and Superior Courts. 209. Weekly List Assignment of Cases Supreme Court. 210. Superior Court. 211. Daily List Cases to be Non-Prossed if not Argued Su- preme and Superior Courts. 212. Short Causes Supreme Court. 213. Superior Court. 214. Certificate of Counsel Notice of Transfer. 215. Objection by Opposing Counsel. 216. Time for Hearing. 217. Time Allowed for Argument. 218. Criminal Cases Supreme Court Murder in First Degree. 219. Superior Court. 220. Continuance Allowed Only for Cause Supreme and Su- perior Courts. 221. Passing Case on List Supreme and Superior Courts. 222. Argument Order of Hearing Superior Court. 223. Time Allowed Supreme Court. 224. Ex Parte Supreme and Superior Courts. 225. Re-argument Motion Attaching Copy of Opinion. 226. Eule for New Trial Nunc Pro Tune in Murder Cases Petition. 227. Agreements and Notices of Attorneys to be in Writing. 304 HEARING OF CASES. 206-227] Argument List Call of Cases 206. Argument List Supreme Court (A) Appeals from lower Courts. All cases shall be placed upon the argument list for the proper county next succeeding their entry, unless otherwise specially ordered by the court; pro- vided, that no case shall be placed on the argument list where the appeal shall not have been taken twenty days before the return day. Supreme Court Rule 48. (B) Appeals from Superior Court. All appeals in civil and criminal cases from the Superior Court to this court shall be placed at the head of the list for the third argument week after the appeal has been allowed, and if the court is then sitting in another district, the prothono- tary shall promptly certify it to that district. Supreme Court Rule 22. (1) Criminal Cases. For rule as to criminal cases, see 218. 207. Superior Court. All cases shall be placed upon the argument list for the proper county next succeeding their entry, unless otherwise specially ordered by the court; provided, that no case shall be placed on the argument list where the appeal shall not have been taken twenty days before the return day. Superior Court Rule 38. (1) Criminal Cases. For rule as to criminal cases, see 219. 208. Call of Cases Absence of Parties Non-Pros Supreme and Superior Courts. Cases will be called for ar- gument in the order in which they stand on the printed ar- gument list. If neither party be present or ready to pro- ceed with the argument, the case shall be non-prossed, un- less reason to the contrary be shown to the satisfaction of the court. Supreme Court Rule 49; Superior Court Rule 39- (1) Preliminary Call. A preliminary call of the list will be made at the opening of court on the return-day, immediately after motions 305 20 HEARING OF CASES. 209, 210 Call of Cases Weekly List [Chap. 14, for admission to the bar are heard. When cases are to be continued or non-prossed by consent, counsel should so state when the case is called. When objection is made, motions to non-pros, etc., will not be considered until after the list has been called through. Cases not answered to will be marked for argument. Motions to quash will usually be heard with argument of case. (2) Call for Argument. Cases will be called in their order on the list : see 211. Counsel who are unable to be present should furnish a memorandum of excuse to the prothonotary or his deputy: see 221. (3) Taking Off Non-Pros. Petitions for rules to show cause why non-pros should not be taken off may be presented at any opportune time, and the rules are usually returnable to the following Monday. As a rule no argument is heard. 209. Weekly List Assignment of Cases Supreme Court. Sixty causes shall be assigned to each week, and a list thereof shall be made up and published by the pro- thonotary on the Saturday preceding; said causes shall be set down in the order of their term and number, and shall be numbered on said list consecutively. The first twelve cases on said weekly list shall be assigned for argument on Monday, and for each succeeding day of the week, except Saturday, the first twelve cases theretofore undisposed of on said list shall be assigned for argument. Supreme Court Rule 51. (1) Making Up List. Criminal cases are placed at head of list (see 218 and 219) and cases from other districts are placed next in order. With these two exceptions, the lists are made up in accord- ance with above rule. In proceedings against attorneys under Act May 19, 1879, P. L. 66, 1 Purd. 375, pi. 15, 53, above, such cases may be placed at the head of the list after homicide cases, in any district in which the court may be sitting. 210. Superior Court. Sixty causes shall be assigned to each week, and a list thereof shall be made up and published by the prothonotary, on the Saturday pre- 306 HEARING OF CASES. 206-227] Weekly, Daily, Short Cause List 210-214 ceding; said causes shall be set down in the order of their term and number, and shall be numbered on said list con- secutively. The first twelve cases on said weekly list shall be assigned for argument on Monday, and for each suc- ceeding day of the week, except Saturday, the first twelve cases theretofore undisposed of on said list shall be as- signed for argument. Superior Court Rule 40. 211. Daily List Cases to be Non-Prossed if not Argued Supreme and Superior Courts. The list shall be made up each day at 3 o'clock for the following day, and cases on that list must be argued or non-prossed when called. Supreme Court Rule 53; Superior Court Rule 42. (1) Passing Gases on List. See 221. 212. Short Causes Supreme Court. The pro- thonotary of each district shall keep a separate list for short causes. Supreme Court Rule 54. 213. Superior Court. No short list or hour list, as provided by said rules [of the Supreme Court] shall be enforced. Act June 24, 1895, 8, P. L. 212, 4 Purd. 4504. (1) Superior Court Practice Power to Make Rules. The re- mainder of this section also provides that the Superior Court shall be governed by the rules of the Supreme Court so far as applicable, and gives former court right to make such other rules as it may deem necessary. See 19. The Supreme Court Equity Rules are binding on Superior Court: Swoope v. Wakefield, 10 Pa. Super. 342, 1899; Shamo- kin Coal Co. v. John, 18 Pa. Super. 498, 1901 ; Green v. Paint Co., 25 Pa. Super. 415, 1904; McMellen v. Williamson, 32 Pa. Super. 263, 1906; Groff v. Trust Co., 32 Pa. Super. 416, 1907. 214. Certificate of Counsel Notice of Transfer. To this list all causes shall be transferred in which the at- 307 HEARING OF CASES. 214-219] Short Cause List Criminal Cases [Chap. 14, torney of either party shall certify that it is a short cause. Notice of such transfer shall be given forthwith by the pro- thonotary to the other party. Supreme Court Rule 55. 215. Objection by Opposing Counsel. Where a cause has been certified to be a short cause by the attorney of one party, and the attorney of the other party shall ob- ject in writing, it shall be put back again on the regular list : Provided, That such objection shall be made within three days from notice, and before the short list is taken up on Wednesday morning. Supreme Court Rule 57. 216. Time for Hearing. The causes on this list shall have precedence over all others on Wednesday of the week in which the same causes would be heard, if they had remained on the general list and had been reached in their order. Supreme Court Rule 56. 217. Time Allowed for Argument. On the hear- ing of short causes, the time of counsel shall be limited to fifteen minutes on each side. Supreme Court Rule 58. 218. Criminal Cases Supreme Court Murder in First Degree. The first Monday of each month shall be a special return-day in each district for all appeals in cases of conviction and sentence of death for murder of the first de- gree. The fifth Monday after issuing the writ shall be as- signed for the argument thereof. Supreme Court Rule n. Capital cases shall be placed at the head of the list for ar- gument. Supreme Court Rule 12. 219. Superior Court. The first Monday of each month shall be a special return-day for all appeals in crimi- 308 HEARING OF CASES. 206-227] Criminal Cases Continuances 219-221 nal cases. The fifth Monday after issuing the writ shall be assigned for the argument thereof; provided, the court shall then be in session. If then in session in a place other than that in which the writ issued, the prothonotary issuing such writ shall certify the record to the place in which the court shall be sitting. If the court shall not be in session at that time, the case shall be certified to the place in which the next term shall be held. Such cases shall be placed at the head of the list for argument. Superior Court Rule 7. 220 Continuance Allowed only for Cause Supreme and Superior Courts. No cause on said [weekly] list shall be continued when reached, except by leave of the court upon cause shown. Engagements of counsel in the lower courts will not be recognized as a reason for the continu- ance or postponement of a cause, except when they are ac- tually engaged in a trial which has been commenced in a previous week and is unfinished. Supreme Court Rule 51 ; Superior Court Rule 40. (1) Continuance for Failure to Produce Papers. If upon examina- tion of case after argument, the Supreme Court deem production of original papers called for by counsel at beginning of argument as essential for full comprehension of case, they will make the proper order but will not grant continuance for failure to produce at time of argument : Henry v. Martin, 1 W. N. C. 277, 1873. (2) Trial in Lower Court in Absence of Counsel. The above rule is both legal and reasonable, and it is the duty of lower court to have regard for it; and judgment of lower court will be reversed if trial was had in absence of counsel who was engaged in argument of case in appellate court : Peterson v. R. R., 177 Pa. 335, 1896. 221. Passing Case on List Supreme and Superior Courts. When it is desired, for any reason whatever, that 309 HEARING OF CASES. 221, 222 Passing Case Order of Argument [Chap. 14, a case be passed at its regular turn on the list, the pro- thonotary must be notified before the case is put on the daily list. Engagement of counsel in other courts, or agreement of parties, is no ground of exception to this requirement. The rule is for the conduct of the court's business, and is not subject to variation by counsel for any cause. Supreme Court Rule 52; Superior Court Rule 41. 222. Argument Order of Hearing. In the argument of cases counsel for the appellant shall have the right to begin and conclude, but in concluding shall be confined to answering the arguments of appellee's counsel. In the exceptional cases where two counsel desire to be heard for the appellee, the counsel speaking second shall confine his argument to questions not discussed by his associate. Su- perior Court Rule 43. (1) What Will be Heard on Appeal Argument Depositions, (a) Only the party appealing is entitled to file exceptions or be heard on appeal: Berryhill v. Dowding, 8 Watts 313, 1839; Dyott's Est., 2 W. & S. 557,1841; Cash's Ap., 1 Pa. 166, 1845; Commonwealth's Ap., 5 Pa. 267, 1847; (b) arguments of counsel must be confined to errors assigned on record: Berry v. Vantries, 12 S. & E. 89, 1824; (c) additional counsel for appellant may be heard, although court has not cared to hear counsel for appellee: Good v. Good, 2 Mona. 665, 1889; see contra, Morrison v. Bachert, 2 Mona. 664, 1888; (d) profes- sional opinions may be read, not as authorities, but as arguments ad- dressed to court: Steiner v. Coxe, 4 Pa. 13, 1846; (e) parol evidence is not admissible on hearing: Buckmeyer v. Dubbs, 5 Binn. 29, 1812; Fisher v. Nyce, 60 Pa. 107, 1869; (f) nor are affidavits admissible on question of merits, but only to determine regularity of appeal: Drenkle v. Garber, 7 Watts 122, 1838; (g) depositions may be taken by either party on ten days' notice to adverse party, without special order of court; but special order is necessary to take depositions on shorter notice: Armstrong's Est., 6 Watts 236, 1837; (h) on appeal from decree in divorce, depositions taken subsequent to appeal can- not be read: Elmes v. Elmes, 9 Pa. 166, 1848; (i) question of produc- 310 HEARING OF CASES. 206-227] Argument Time Re-Argument 223-5 tion of original papers lies with appellate court: Henry v. Martin, 1 W. N. C. 277, 1873; (j) when appellate court is not furnished with copy of special Act of Assembly, it will presume lower court properly construed it : Steiner v. Loan Co., 98 Pa. 591, 1881. (2) Submitting Cause on Paper-Books. A case may be submitted on paper-books without oral argument. 223. Time Allowed. The argument of each cause shall be limited to one hour, unless the Chief Justice, upon an examination of the paper-books, shall consider more time to be necessary. Supreme Court Rule 50. (1) Short Causes. Time for argument of short causes is limited to fifteen minutes on each side : see 217, above. 224. Ex Parte Supreme and Superior Courts. The prothonotary shall endorse on each appeal or writ of certiorari to remove proceedings a rule to appear and plead at the return-day of the writ; and on default of appearance when the cause is called for argument, and on proof of ten days' service on the appellee or his counsel below, the court will proceed ex-parte. Supreme Court Rule 16; Su- perior Court Rule 10. (1) One Counsel Only. Only one counsel for appellant will be heard when there is no appearance nor argument for appellee: Mor- rison v. Bachert, 2 Mona. 664, 1888; see contra, Good v. Good, 2 Mona. 665, 1389. 225. Re- Argument Motion Attaching Copy of Opinion. Motions for re-argument or for other purpose, after judgment, order or decree, shall be filed in the office of the prothonotary of this court for the proper district, but the record shall not be retained in any appeal beyond the limit of ten days provided by the Act of May IQ, 1897, [see 244] unless upon an order from the court or one of the justices thereof. Such motions must be accompan- HEARING OF CASES. 225, 226 Ke-Argument New Trial, Murder Cases [Chap. 14, ied with a copy of the opinion of the court. Supreme Court Rule 18; Superior Court Rule 12. (1) When Re-Argument Will be Allowed Practice, (a) A re- argument under color of appeal will not be permitted on same ques- tions raised and decided on former appeal: Cowen v. Plate Glass Co., 188 Pa. 542, 1898; Smith v. Wildman, 194 Pa. 294, 1900; Creachen v. Carpet Co., 214 Pa. 15, 1906; (b) but when appeal is dismissed on ground that appellant had no standing in ease, which decree was declared, in subsequent suit, to be binding on him, court will, on appeal from latter case, order reargument of former: Gravenstein v. Feger, 42 L. I. 407, 1885; (c) where landowner alleged certain street had been vacated, but record showed no such fact, re-argument will not be allowed but he will be allowed to apply to lower court to open judgment to inquire whether street was legally vacated: Osterheldt v. Phila., 195 Pa. 362, 1900; (d) re-hearing will not be granted on ground of after discovered evidence which merely contradicts other evidence, but if investigation seems necessary, record will be remitted and new trial granted: Greason's Case, 205 Pa. 630, 1903. (2) Practice. The petition for re-argument should be presented before the record is returned to the lower court: (see 244). If pos- sible, it should be printed and then handed to the prothonotary for presentation to the court. No argument will be heard unless ordered by court, and paper-books may be sent to the prothonotary. If the petition is allowed, the court will fix the time for re-argument. For form of petition, see Appendix, 67. (3) Rule to Take Off Non-Pros. Appellate court judge may, dur- ing vacation and after record has been remitted, grant rule to show cause why judgment of non-pros of writ of error should not be taken off: Lebanon Ins. Co. v. Erb, 1 Sad. 181, 1885; see 208, note (3). 226. Rule for New Trial Nunc Pro Tune in Murder Cases Petition. Whenever by petition, supported by after-discovered evidence, it shall be made to appear to the Supreme Court that there is ground for substantial doubt as to the guilt of any prisoner convicted of murder of the first degree, the said court shall have power to authorize the court of oyer and terminer in which such prisoner has 312 HEARING OF CASES. 206-227] Agreements of Attorneys 226,227 been convicted to grant a rule for new trial nunc pro tune, notwithstanding the expiration of term in which such pris- oner was convicted and sentenced; and thereupon the said court of oyer and terminer may, in its discretion, grant and proceed to hear such rule, as in other cases. Act April 22, 1903, i, P. L. 245, i Purd. 1046, pi. 69. (1) Form of Petition. Petition may be considered though not in precise form contemplated by this Act: Greason's Petition, 205 Pa. 630, 1903; compare Com. v. Hine, 213 Pa. 97, 1905. See Appendix, 69. (2) Discharge of Rule Appeal. No appeal lies from order of lower court discharging such rule : Com. v. Greason, 208 Pa. 126, 1904. 227. Agreements and Notices of Attorneys to be in Writing. All agreements and notices of attorneys touch- ing the business of the court shall be in writing, otherwise the court will not enforce them. Supreme Court Rule 10; Superior Court Rule 6. (1) What Agreements Are Included. The above rules do not apply to agreements made in open court or before a master and acted upon by the parties : Black v. Black, 206 Pa. 116, 1903. 3^3 REVIEW ON APPEAL. 228 Power to Modify Judgment New Trial [Chap. 15, CHAPTER XV. REVIEW ON APPEAL. 228. Judgment Power to Affirm, Reverse or Modify Decree Ap- pealed from or Grant New Trial. (A) Supreme Court. (B) Superior Court. (C) Equity Cases Question of Remedy at Law. 229. Review on Merits in Appeals from Orphans' Court. 230. Review of Law and Evidence in Capital Cases. 231. Merits of Case not to be Considered in Road Cases. 228. Judgment Power to Affirm, Reverse or Modify Decree Appealed from or Grant New Trial (A) Supreme Court. The Supreme Court shall have power in all cases to affirm,' reverse, amend or modify a judgment, order or decree appealed from, and to enter such judgment, order or decree in the case as the Supreme Court may deem proper and just, without returning the record for amendment or modification to the court below, and may order a verdict and judgment to be set aside and a new trial had. Act of May 20, 1891, 2, P. L. 101, 2. Purd. 1439, pi. 15. Whenever a case is appealed to the Supreme Court from the Superior Court, the appeal shall be taken from the judgment of the Superior Court but the whole proceedings shall be brought thereby within the jurisdiction and power of the Supreme Court, who may enter therein such judg- ment, order or decree as may be just, except that it may not increase (although it may reverse) a sentence upon an in- dictment, and who may thereupon send the record either to the Superior Court or directly to the court below, as the REVIEW ON APPEAL. 228-31] Equity Question of Remedy at Law 228 Supreme Court may consider advisable. Act June 24, 1895, 9, P. L. 212, 2 Purd. 4518, pi. 37. (B) Superior Court. The Superior Court may non pros any appeal for want of due prosecution. It may af- firm, reverse, amend or modify any order, judgment or de- cree, as it may think to be just, or it may return the record for further proceedings to the court below. But it may not increase (although it may reverse) any sentence upon any indictment. Act of June 24, 1895, 8, P. L. 212, 4 Purd. 4504, pi. 37. (C) Equity Cases Question of Remedy at Law. If a demurrer or answer be filed, averring that the suit should have been brought at law, that issue shall be decid- ed in limine, before a hearing of the cause upon the merits. If the court shall decide that a court of equity has jurisdic- tion, the plaintiff shall not thereafter be permitted to ques- tion the decision upon that ground, nor shall a decree in defendant's favor be reversed or set aside because the suit should have been brought at law. Act June 7, 1907, 2, P. L. 440, 5 Purd. 5466, pi. 4. If upon an appeal, after a decision upon the merits, the question whether the suit should have been brought at law is not specifically raised by the defendant's assignments of error, the question shall be deemed to have been waived, and the decree below shall not be reversed or set aside because the suit should have been brought at law. If it is so raised, and the decision of the appellate court is that the suit should have been brought at law, it shall remit the cause to the court below, with directions to transfer it to the law side of that court, all the costs in the cause to abide the final determination thereof in the court of law. The plaintiff shall not be permitted to raise the question upon his appeal after a decision upon the merits, nor shall the 315 REVIEW ON APPEAL. 228 (1) (a)-(d) Affirmance of Judgment [Chap. 15, decree below be reversed or set aside upon his appeal, be- cause the suit should have been brought at law. Act June 7, 1907, 3> P- L. 440, 5 Purd. 5466, pi. 5. (1) Affirmance of Judgment, (a) Judgment will be affirmed where there is no error apparent on record: Long v. Maguire, 22 Pa. 163, 1853; McCaskey v. Graff, 23 Pa. 321, 1854; Neil v. Tate, 27 Pa. 208, 1856; Walls v. Wilson, 28 Pa. 514, 1857; Cathcart v. Com., 37 Pa. 108, 1860; Wagner's Ap., 43 Pa. 102, 1862; Del. Div. Canal v. Com., 60 Pa. 367, 1869; Byrne v. Grossman, 65 Pa. 310, 1870; Hep- burn's Ap., 65 Pa. 468, 1870; Thirty-fourth St. Case, 81 Pa. 27, 1876; Wilcox v. Payne, 88 Pa, 154, 1878; Jefferson Twp. Road, 3 Pa. Super. 467, 1897; Ross Twp. Road, 5 Pa. Super. 85, 1897; Com. v. Duff, 7 Pa. Super. 415, 1898; Dennison Twp. Road, 13 Pa. Super. 227, 1900; Com. v. Price, 15 Pa. Super. 342, 1900; Stephens v. Addis, 19 Pa. Super. 185, 1902; Brooke's Est., 24 Pa. Super. 430, 1904; see also 187, note (1) (a) ; (b) or where record is incomplete or not before court, pre- sumption in such case being in favor of regularity of record: Walk- er's Ap., 2 Dall. 190, 1792; McFarland v. Township, 12 S. & R. 297, 1825; Munderbach v. Lutz, 14 S. & R. 220, 1826; Fitsimmons v. Leckey, 3 P. & W. Ill, 1831; Gram's Ap., 4 Watts 43, 1835; Girts v. Com., 22 Pa. 351, 1853; Bull's Ap., 24 Pa. 286, 1855; Bryan v. Com., 27 Pa. 284, 1856; Weaver v. Com., 29 Pa. 445, 1857; Eldred v. Hazlet, 38 Pa. 16, 1861; Rogers v. Whiteley, 38 Pa. 137, 1861; Delaware Div. Canal v. Com., 60 Pa. 367, 1869; Rosenberry's Ap., 31 L. I. 101, 1874; Vensel v. Coiner, 31 L. I. 373, 1874; Riser v. Vanleer, 2 W. N. C. 561, 1876; Moreland v. Benton Twp., 3 W. N. C. 20, 1876; Wilcox v. Payne, 88 Pa. 154, 1878; Robb's Ap., 1 Penny. 436, 1881; Wise v. Allen, 9 Sad. 561, 1888; Morrison v. Nevin, 130 Pa. 344, 1889; Walter v. Sun Fire Office, 165 Pa. 381, 1894; Pittsburg v. Maxwell, 179 Pa. 553, 1897; Miller v. Lash, 4 Pa. Super. 292, 1897; Kimelewski v. Com., 39 Pa. Super. 308, 1909; see also note (17) below; (c) and appellant must not only show there has been an error, but that he has been in- jured thereby: Chase v. Hubbard, 99 Pa. 226, 1881; Murphy v. Chase, 103 Pa. 260, 1883; Ziegler v. Handrick, 106 Pa. 87, 1884; Roesler v. Phelps, 42 L. I. 457, 1885; Lerch v. Snyder, 112 Pa. 161, 1886; Kiehl v. Com., 18 W. N. C. 505, 1887; Kennedy v. Oil Co., 199 Pa. 644, 1901; Com. v. Stanley, 39 Pa. Super. 402, 1909; (d) judgment will be affirmed where neither party has any standing in appellate court: Eby v. Guest, 94 Pa. 160, 1880; (e) or where errors assigned 316 REVIEW ON APPEAL. 228-31] Affirmance and Reversal 228 (1) (e)-(2) (f ) are not sustained by majority of appellate court: Shollenberger v. Brinton, 52 Pa. 9, 1866; (f) judgment entered on request of parties will not be disturbed for mere technical reasons: Myer v. Myer, 187 Pa. 247, 1898; (g) where judgment is opened and trial results in verdict for defendant, appellate court, in affirming judgment on verdict, will also affirm judgment on appeal from order opening judg- ment: Brecht v. McParland, 187 Pa. 634, 1898; (h) on appeal from interlocutory order, where result will be same to parties, court may affirm order of lower court instead of dismissing appeal: Philadel- phia v. Wellens, 19 Pa. Super. 379, 1902; (i) in affirming judgment in ejectment against railroad for portion of its road, the court will stay proceedings until the damages are assessed for taking the land: Pittsburg R. R. v. Jones, 59 Pa. 433, 1868; (j) judgment may be af- firmed as to one or more defendants and reversed as to others: Jameison v. Pomeroy, 9 Pa. 230, 1848; McCanna v. Johnston, 19 Pa. 434, 1852; Sopp v. Winpenny, 68 Pa. 78, 1871; Walker v. Tupper, 152 Pa. 1, 1892; (k) appeal will be dismissed where controversy has been ended by happening of some extraneous event, there being in such case no question as to which court can grant relief: Reichard's Li- cense, 45 Pa. Super. 606, 1911; Corn v. Cairns, 46 Pa. Super. 96, 1911. See note (2) (f), this section. (2) Reversal of Judgment (a) Appellate court will reverse for irregularities in conduct of trial appearing on face of record: see cases, note (1) (a), this section; (b) but only for clear cases of erroi appearing on record, presumption being in favor of regularity: see cases, note (1) (b), this section, and note (17), below; (c) where record of bill in equity, dismissed by lower court for want of juris- diction, is so meagre that court cannot determine whether or not there was adequate remedy at law, decree will be reversed and record remitted for further proceedings: Gray v. Gas Co., 206 Pa. 303, 1903; (d) affirmance of preliminary injunction by appellate court does not prevent it from reversing it on appeal from final decree: Paxson's Ap., 106 Pa. 429, 1884; (e) order refusing judgment for want of sufficient affidavit of defense will be reversed only in clear cases : see 50, note (4) ; (f ) where it appears no cause of action ex- isted at time suit was brought, appellate court will reverse: Mil- ler v. Ralston, 1 S. & R. 309, 1815; Moyer v. Kirby, 14 S. & R. 162, 1826; Clay v. Irvine, 4 W. & S. 232, 1842; see note (1) (k), this section; (g) where the verdict exceeds the dam- 317 REVIEW ON APPEAL. 228 (2) (g)-(3) (g) Reversal Entry of Judgment [Chap. 15, ages paid, court will reverse unless plaintiff remits excess: Lantz v. Frey, 19 Pa. 366, 1852; (h) judgment will not be reversed merely be- cause lower court gave wrong reasons for it: Piper's Ap., 20 Pa. 67, 1852; Thomas v. Mann, 28 Pa. 520, 1857; McCracken v. Clark, 31 Pa. 498, 1858; Rupp v. Orr, 31 Pa. 517, 1858; Susquehanna Ins. Co. v. Gackenbach, 115 Pa. 492, 1886; Powell's Est., 138 Pa. 322, 1891; Com. v. Shirley, 152 Pa. 170, 1893; Wenger's Est., 2 Pa. Super. 611, 1896; Jeannette Mills v. Greenwalt, 11 Pa. Super. 157, 1899; Brew v. Hast- ing, 206 Pa. 155, 1903; Carpenter v. Lancaster, 212 Pa. 581, 1905; Clegg v. Steel Co., 34 Pa. Super. 63, 1907; see also note (20) (u), this section; (i) judgment may be reversed as to one or more defendants and affirmed as to others: Jamieson v. Pomeroy, 9 Pa. 230, 1848; McCanna v. Johnston, 19 Pa. 434, 1852; Sopp v. Win- penny, 68 Pa. 78, 1871; Walker v. Tupper, 152 Pa. 1, 1892; (j) re- versal without new venire is not of itself a bar to second action for same cause: see cases, note (8) (g), this section. (3) Entry of Judgment on Reversal, (a) On reversing judgment, court may give correct judgment according to findings of jury: Easton v. Worthington, 5 S. & R. 130, 1819; Stewart v. Martin, 2 Watts 200, 1834; Flanigan v. Wetherill, 5 Whar. 280, 1839; Haas v. Evans, 5 W. & S. 252, 1841; Carman v. Noble, 9 Pa. 366, 1848; McMicken v. Com., 58 Pa. 213, 1868; Savage v. Everman, 70 Pa. 315, 1872; (b) where judgment has been improperly arrested by court below, appellate court, on reversing, will enter judgment on verdict: Wilson v. Gray, 8 Watts 25, 1838; (c) judgment will also be entered on verdict where judgment n. o. v. is reversed: Chandler v. Ins. Co., 88 Pa. 223, 1878; Henry v. Heilman, 114 Pa. 499, 1886; (d) but where no motion was made below for judgment n. o. v. for defendant, appellate court can only reverse with new venire : Light v. Miller, 38 Pa. Super. 408, 1909 ; (e) and when it is too late for other party to appeal on exceptions taken below if judgment were entered, appellate court will remit record with directions to enter judgment in accordance with its opin- ion: Hughes v. Miller, 192 Pa. 365, 1899; Hawn v. Stoler, 22 Pa. Super. 307, 1903; McGeehan v. Hughes, 217 Pa. 121, 1907; Hardon- court v. Iron Co., 225 Pa. 379, 1909 ; "^T) proper judgment will be en- tered on special verdict: Com. v. Haffey, 6 Pa. 348, 1847; (g) where judgment on demurrer to bill in equity is reversed and case rests en- tirely on record, final judgment will be entered: Fort Pitt B. & L. Asso. v. Association, 159 Pa. 308, 1894; (h) when in action of tort, 318 REVIEW ON APPEAL. 228-31] Modification of Judgment 228 (3) (h)-(4) (e) judgment n. o. v. was entered for plaintiff but no amount is stated, appellate court, in reversing judgment, will direct judgment to be en- tered on verdict for defendant without prejudice to right of plaintiff to appeal from such judgment : Casey v. Canning, 39 Pa. Super. 1909 j (i) when appellate court reverses decree of lower court on application for liquor license, the form of the order to be made in the case is within the discretion of appellate court : Indian Brew. Co. 's License, 226 Pa. 56, 1909; (j) where bond is given to dissolve foreign attach- ment and defendant is subsequently discharged in bankruptcy, ap- pellate court, on reversing judgment for defendant, will direct entry of special judgment against defendant for purpose of fixing liability of surety, and direct perpetual stay of execution: United States En- gine Co. v. Iron Co., 227 Pa. 262, 1910; (k) on reversing decree in equity declaring sons to be entitled to profits in their father's busi- ness, court will direct that it be without prejudice to their right to assert any claim for services they might have: Albright v. Albright, 228, Pa. 562, 1910. For other cases relating to further proceedings after record is remitted, see note (6), below. (4) Modification of Judgment Extent of Power, (a) The Act of 1891 does not violate Art. 1, 6, 1 Purd. 118, pi. 7, of the Constitution, relating to right of trial by jury : Smith v. Times Pub. Co., 178 Pa. 481, 1896; Nugent v. Trac. Co., 183 Pa. 142, 1897; Reno v. Shallenberger, 8 Pa. Super. 436, 1898; (b) but it would seem that in order not to en- trench on constitutional right, reduction of amount of judgment enter- ed on verdict should be limited to striking out improper items as in Terry v. Wenderoth, 147 Pa. 519, 1892; (c) or to cases where there is some mathematical basis for computing amount of reduction as in Glenn v. Davis, 2 Grant 153, 1858; Cox v. Burdett, 23 Pa. Super. 346, 1903; see also cases under (i), this note; (d) and that the language of the court in Connellsville v. Hogg, 156 Pa. 326, 1893, in reference to reducing amount of judgment, should be considered in view of the particular facts of that case and should not be extended to cases where the amount of the verdict is based on a claim for unliquidated damages; (e) it seems the court will leave the question of excessive verdict to be first disposed of below on motion for new trial : Charles v. Bishoff, 1 Sad. 260, 1885; Smith v. Times Pub. Co., 178 Pa. 481, 1896; Stevenson v. Coal Co., 201 Pa. 112, 1902; Robeson v. Pels, 202 Pa. 399, 1902; Reed v. R. R., 210 Pa. 211, 1904; see cases under note (9), this section, as to review of discretion of lower ourt in granting 319 REVIEW ON APPEAL. 228 (4) (f)-(r) Modification of Judgment [Chap. 15, or refusing new trial on ground of excessive verdict; (f) court may, with consent of parties in whose favor judgment has been entered, enter judgment for amount it deems just without setting aside ver- dict : Furry v. Stone, 1 Yeates 186, 1792 ; Darrah v. Warnoch, 1 P. & W. 21, 1829; Thomas v. Northern Liberties, 13 Penna. St. 117, 1850; Graham v. Keys, 29 Pa. 189, 1858; Glenn v. Davis, 2 Grant 153, 1858; Richards v. Gas Co., 130 Pa. 37, 1889; Emerson v. Shoonmaker, 135 Pa. 437, 1890 ; Bang v. McKinstry, 32 Pa. Super. 34, 1907; Ludwig Piano Co. v. Browne, 33 Pa. Super. 81, 1907; (g) especially where difference between amount of verdict and what would have been a proper verdict is susceptible of mathematical cal- culation: Glenn v. Davis, 2 Grant 153, 1858; Cox v. Burdett, 23 Pa. Super. 346, 1903; Osterling v. Carpenter, 230 Pa. 153, 1911; (h) the appellate court may amend or modify the judgment without returning record: Daniels v. Com., 7 Penna. St. 371, 1847; Mills v. Com., 13 Pa. 630, 1850; Terry v. Wenderoth, 147 Pa. 519, 1892; Com. v. Phila., 157 Pa. 531, 1893; (i) it may correct mistake in en- tering amount of judgment : Isett v. Caldwell, 101 Pa. 32, 1882 ; Lyons v. Means, 1 Pa. Super. 608, 1896; Joseph v. Richardson, 2 Pa. Super. 208, 1896; Com. v. Yeisley, 6 Pa. Super. 273, 1898; Reger v. Brass Co., 6 Pa. Super. 375, 1898; Simpson v. Meyers, 197 Pa. 522, 1900; (j) or mistake in pracipe in ejectment by which more land than plaintiff claimed was included: Brothers v. Mitchell, 157 Pa. 484, 1893; Simp- son v. Myers, 197 Pa. 522, 1896 ; (k) or where wrong person was made plaintiff: Thornton v. Britton, 144 Pa. 126, 1891; (1) it may modify injunction restraining breach of contract so as to correspond with provision of contract: Martinsburg Bank v. Penna. Co., 150 Pa. 36, 1892; (m) modify entry of judgment generally so as to make costs payable out of specific fund : Rodgers v. Black, 15 Pa. Super. 498, 1902 ; (n) amend judgment so as to express evident intent of court and jury below: Thrall v. Wilson, 17 Pa. Super. 376, 1901; (o) correct judg- ment on special verdict: Com. v. Haffey, 6 Pa. 348, 1847; (p) judg- ment may be reversed as to one or more defendants and affirmed as to others: Jamieson v. Pomeroy, 9 Pa. 230, 1848; McCanna v. Johnston, 19 Pa. 434, 1852; Sopp v. Winpenny, 68 Pa. 78, 1871; Walker v. Tup- per, 152 Pa. 1, 1892; (q) unless error complained of pervades whole judgment: Swearingen v. Pendleton, 4 S. & R. 389, 1818; (r) and court may amend by striking out parties improperly joined: Robinson v. Buck, 71 Pa. 386, 1872; see also (k), this note; (s) or parties not 320 REVIEW ON APPEAL. 228-31] Remitting for Further Proceedings 228 (4) (s)-(6) (e) served: Jameison v. Pomeroy, 9 Pa. 230, 1848; (t) where lower court erroneously arrests judgment in favor of plaintiff and both parties had excepted to charge, appellate court may modify proceedings of lower court so that defendant may have benefit of his exceptions: Tryon v. Carlin, 5 Watts 371, 1836; (u) and in ejectment it may affirm judgment and quash assessment of value of improvements as forming no part of verdict : Miller v. Keene, 5 Watts 348, 1836 ; (v) but where there is no way of amending record, reversal is necessary: McClain v. County, 14 Pa. Super. 273, 1900; Whitehill v. Schwartz, 27 Pa. Super. 526, 1904; (w) if plaintiff is entitled to whole demand but judgment is for part only, it will stand, with leave to go for bal- ance: New Castle v. El. Co., 2 Pa. Super. 228, 1896; (x) new trial awarded unless part of verdict remitted: note (9) (h), this section. For statute for amendment of record, see 232. 7- (5) Modification of Judgment of Appellate Court, (a) Appellate court may amend its own judgment : McCoy v. Porter, 17 S. & R. 59 1827; Harper v. Keely, 17 Pa. 234, 1851; Dillman's Ap., 2 Mona. 733, 1890; Nugent v. Traction Co., 183 Pa. 142, 1897; Hughes v. Miller, 192 Pa. 365, 1899; Ellis v. Ins. Co., 9 Pa. Super. 392, 1899; (b) even after record has been remitted: Mathews v. Scranton, 1 Lack. L. R. 474, 1879;*^(c) but not where proceedings to correct decree were be- gun and prosecuted to final judgment in lower court : Brady v. Shisler, 1 W. N. C. 97, 1874; (d) lower court cannot modify de- cree, after affirmance by appellate court, on ground of after-discov- ered evidence : Steinmeyer v. Seibert, 47 Pitts. L. J. 117, 1890. (6) Remitting Cause for Further Proceedings, (a) Where appel- late court reverses judgment, it will usually enter such judgment as lower court should have entered (see note (3) ) ; but where injustice might be done by such course, it will remit record for further proceed- ings: Savage v. Everman, 70 Pa. 315, 1872; (b) record will be remit- ted for further proceedings where it appears appellant was deprived of his rights in court below by a trick of his opponent: Lindemuth's Est., 5 Watts 145, 1836; (c) where auditor fails to return document- ary evidence which forms basis of his report, case will be remanded for purpose of supplying such evidence: Wagon Works' Est., 198 Pa. 250, 1901; (d) so also case will be remanded where referee fails to make a finding of material fact: Dick v. Huidekoper, 218 Pa. 380, 1907; (e) but it will not be remitted for purpose of allowing master in divorce to consider after-discovered evidence which is merely cumu- 321 21 REVIEW ON APPEAL. 228 (6) (e)-(o) Remitting for Further Proceedings [Chap. 15, lative and had previously been disregarded : Hartje v. Hartje, 35 Pa. Super. 14, 1907; (f) and where court sustains petition to open judg- ment or enters judgment for insufficient affidavit of defense, without giving reasons therefor, record will be remitted to secure reasons: Hanhauser v. R. R., 222 Pa. 240, 1908; Norris v. Breakwater Co., 231 Pa. 163, 1911 ;V(g) where it is too late for the defendant to appeal if the judgment were entered on verdict, appellate court will reverse and remit record with directions to enter judg- ment in accordance with opinion: Hughes v. Miller, 192 Pa. 365, 1899; Hawn v. Stoler, 22 Pa. Super. 307, 1903: MeGeehan v. Hughes, 217 Pa. 121, 1907; (h) where judgment n. o. v. is reversed, court may remit to lower court with directions to enter such judg- ment as law and justice may require, in which case lower court may grant new trial: Hughes v. Miller, 192 Pa. 365, 1899; (i) but where case is remitted for proceeding in accordance with opinion stated in record, lower court cannot exceed such instructions: Nippes's Ap., 35 L. I. 245, 1878; Brown's Est., 213 Pa. 604, 1906; (j) where judgment is entered on issue of ' 'former recovery" and general issue is also pleaded but not disposed of, reversal by Supreme Court without pro- cedendo does not allow issuing of execution without first trying issue of fact : Schriver v. Eckenrode, 94 Pa. 456, 1880 ;^k) where record of bill in equity, dismissed by the lower court for want of jur- isdiction, is so meagre that court cannot determine whether or not there was adequate remedy at law, decree will be reversed and record remitted for further proceedings: Gray v. Gas Co., 206 Pa. 303, 1903 ; (1) where reversal was on ground that evidence was sufficient to carry case to jury, lower court cannot enter binding instructions on second trial where evidence is substantially same as on first trial: American Steamship Co. v. Landreth, 108 Pa. 264, 1884; Collins v. Busch, 15 Pa. Super. 255, 1900 ; (m) where Supreme Court reverses de- cision refusing judgment for want of sufficient affidavit of defense, lower court cannot strike claim from record on ground that it is insuf- ficient : Titusville Iron Works v. Oil Co., 130 Pa. 211, 1889 ; (n) when appellate court affirms order discharging such rule, lower court may permit a supplemental affidavit to be filed : Kyler v. Christman, 25 Pa. Super. 74, 1904; see also, notes to 50; (o) remitting record with direc- tions to make distribution in accordance with opinion given does not contemplate taking new testimony or rehearing of case: Roberts 's Est., 163 Pa. 408, 1894; (p) after affirmance and remittance of decree, it is 322 REVIEW ON APPEAL. 228-31] Procedendo 228 (6) (p)-(8) (a) too late to allege irregularities committed prior to decision by appel- late court: Church's Ap., 103 Pa. 263, 1883; (q) but though decree of lower court has been affirmed, lower court may correct error in dis- tribution so long as rights of third parties have not intervened: God- shalk's Est., 20 Montg. 118, 1904; (r) and where on reversal of appeal from refusal of injunction it was objected that no injunction bond had been filed, such bond may be filed at any time before injunction issues: Penna. R. R. v. Boro., 207 Pa. 180, 1903; (s) court may re- verse erroneous sentence and send case back for proper sentence with- out affecting trial: Com. v. Barge, 11 Pa. Super. 164, 1899; (t) where appellate court declares all proceedings in case void, lower court should strike them from its records: Mutual Ins. Co. v. Tenan, 204 Pa. 332, 1903; see also next note. (7) Procedendo. (a) Where there are matters relating to the case undisposed of in lower court, a procedendo will be awarded on reversal by Supreme Court : Harper v. Keely, 17 Pa. 234, 1851 ; Leach v. Ansbacher, 28 L. I. 277, 1871; Titusville Iron Works v. Oil Co., 130 Pa. 211, 1889; Benzinger Twp. Road, 135 Pa. 176, 1890; Leonard v. Smith, 4 Dist. 249, 1895; (b) it will also be awarded in equity case where appellate court cannot determine whether or not plaintiff had adequate remedy at law: Gray v. Gas Co., 206 Pa. 303, 1903; (c) and where appellate court cannot consider case on merits because of irregularities on trial: Horn Mfg. Co. v. Steelman, 24 Pa. Super. 126, 1903 ; (d) or where judgment n. o. v. is reversed : Harper v. Keely, 17 Pa. 234, 1851 ; Leach v. Ansbacher, 28 L. I. 277, 1871 ; Dalmas v. Kem- ble, 215 Pa. 410, 1906; (e) where appellate court reverses order confirming public road without setting aside proceedings but omits to award procedendo, lower court may proceed with case on return of record, notwithstanding the omission: Benzinger Twp. Road, 135 Pa. 176, 1890; (f) where Supreme Court reverses decree dismissing bill for injunction and reinstates case, effect of such decree is to restore case to same position it occupied before bill was dismissed and lower court may proceed to take testimony and again dismiss bill: Hannum v. Ry., 221 Pa. 454, 1908; (g) dismissing bill in equity for want of jurisdiction does not prejudice right to proceed in proper court: Brotzman's Ap., 119 Pa. 645, 1888. (8) Venire Facias de Novo. (a) A new venire will usually be granted on reversal for error committed on trial of cause: Sterrett v. Bull, 1 Binn. 238, 1808; Reed v. Collins, 5 S. & R. 351, 1819; Little 323 REVIEW ON APPEAL. 228 (8) (a)-(q) Venire Facias de Xovo [Chap. 15, Schuylkill R. R. v. Norton, 24 Pa. 465, 1855; Penna. R. R. v. Fries, 7 W. N. C. 433, 1879 ; Fries v. R. R., 98 Pa. 142, 1881; (b) especially when appellate court cannot determine from record who is entitled to judgment: Buck v. McKeesport, 223 Pa. 211, 1909; (c) unless declaration does not set forth good cause of action: Ebersoll v. Krug, 5 Binn. 51, 1812; Griffith v. Eshelman, 4 Watts 51, 1835; (d) or unless opinion of appellate court on same facts in another proceeding would prevent a contrary result on new trial: Tozer v. Jackson, 164 Pa. 373, 1894; (e) or where it is apparent that facts proved do not authorize recovery: Penna. R. R. v. Fries, 7 W. N. C. 433, 1879; (f) new venire will be granted in case of reversal of judgment in favor of defendant: McCahan v. Wharton, 121 Pa. 424, 1888; (g) but re- versal without new venire is not of itself a bar to second action: Mercer v. Watson, 1 Watts 330, 1833; Fries v. R. R., 98 Pa. 142, 1881; Wrasse v. Traction Co., 146 Pa. 417, 1891; Ellis v. Ins. Co., 9 Pa. Super. 392, 1898; Livingston v. School Board, 15 Pa. Super. 358, 1900; Spees v. Boggs, 204 Pa. 504, 1903; Fry v. Glass Co., 219 Pa. 514, 1908; (h) and on reversal without new venire court may, on petition show- ing plaintiff had no cause of action, amend its judgment by adding thereto a formal judgment for defendant : Nugent v. Traction Co., 183 Pa. 142, 1897; (i) new venire will be granted where case was tried on erroneous theory as to proof of negligence: MLxter v. Coal Co., 152 Pa. 395, 1893; (j) or where judgment for defendant n. o. v. on points reserved is reversed: Wharton v. Williamson, 13 Pa. 273, 1850; Patton v. Ry., 96 Pa. 169, 1880; Blank v. Earley, 115 Pa. 359, 1887; Werneberg v. Pittsburg, 210 Pa. 267, 1905; (k) or where no motion was made for judgment n. o. v. for defendant : Light v. Miller, 38 Pa. Super. 408, 1909; (1) but not when reversal is on ground that lower court should have taken case from jury: Mansfield Coal Co. v. McEnery, 91 Pa. 185, 1879; (m) or where there is no defense on merits, but only technical defense: Connellsville Boro. v. Hogg, 156 Pa. 326, 1893 ; (n) or where the verdict entered below is correct : Klett v. Claridge, 31 Pa. 106, 1858; (o) in case of general verdict on several counts, some of which are bad, judgment will be reversed and new trial granted: Shaffer v. Kintzer, 1 Binn. 537, 1808; Harker v. Orr, 10 Watts 245, 1890 ; (p) also in case of reversal on one of two questions of fact where it is impossible to say on which verdict is based: Dick v. Williams, 130 Pa. 41, 1889; (q) new venire will not be awarded where judgment is reversed on ground that action was pre- 324 REVIEW ON APPEAL. 228-31] Excessive Verdicts, etc. 228 (8) (q)-(10) maturely brought : Miller v. Ralston, 1 S. & R. 309, 1815 ; Reed v. Col- lins, 5 S. & R. 351, 1819; Langer v. Parish, 8 S. & R. 134, 1822; (r) new trial means trial of entire case anew: Kemmerer v. Young, 5 Rawle 175, 1835 ; Livingston v. School Board, 15 Pa. Super. 358, 1900. (9) Excessive or Inadequate Verdicts, etc. (a) It seems the court will leave the question of excessive verdict to be first disposed of below on motion for new trial: Charles v. Bishoff, 1 Sad. 260, 1885; Smith v. Times Pub. Co., 178 Pa. 481, 1896; Stevenson v. Coal Co., 201 Pa. 112, 1902; Robeson v. Pels, 202 Pa. 399, 1902; Reed v. R. R., 210 Pa. 211, 1904; (b) under Act of 1891 court has power to review action of lower court in refusing to set aside excessive verdicts and to grant new trial, but will do so only in exceptional cases where there has been a clear abuse of discretion by lower court : Smith v. Times Pub. Co., 178 Pa. 481, 1896; Wolf v. Traction Co., 181 Pa. 399, 1897; Shanahan v. Ins. Co., 6 Pa. Super. 65, 1897; Schenkel v. Trac- tion Co., 194 Pa. 182, 1899; Begley v. R. R., 201 Pa. 84, 1902; Steven- son v. Coal Co., 201 Pa. 112, 1902; 203 Pa. 316, 1902; Neff v. R. R., 202 Pa. 371, 1902; Marcy v. Brock, 207 Pa. 95, 1903; Stauffer v. Read- ing, 208 Pa. 436, 1904; Quigley v. R. R., 210 Pa. 162, 1904; Wike v. Woolverton, 26 Pa. Super. 561, 1904; Reed v. R. R., 210 Pa. 211, 1904; Moyer v. Phillips, 40 Pa. Super. 1, 1909 ; Hollinger v. Ry., 225 Pa. 419, 1909; Harrisburg, etc., Turnpike Co. v. County, 225 Pa. 467, 1909; Rea v. R. R., 229 Pa. 106, 1910; see note (24) (p2), this section; (c) same rule applies in cases of refusing to set aside inadequate verdict: Palmer v. Pub. Co., 7 Pa. Super. 594, 1898 ; Reno v. Shallenberger, 8 Pa. Super. 436, 1898; Halahan v. Cassidy, 12 Pa. Super. 227, 1899; Woodward v. Traction Co., 17 Pa. Super. 576, 1901 ; Donoghue v. Trac- tion Co., 17 Pa. Super. 582, 1901; (d) or in refusing to set aside ver- dict on ground of misconduct of jurors: Mix v. North American Co., 209 Pa. 636, 1904; (e) the same rules apply to criminal cases: Com. v. Houghton, 22 Pa. Super. 52, 1903; (f) and to refusal of lower court to consider additional reasons for new trial: Com. v. McManiman, 27 Pa. Super. 304, 1904; (g) or to set aside verdict against defendant for costs: Com. v. Chartiers Ry., 28 Pa. Super. 173, 1905; (h) but in proper case appellate court may award new trial unless plaintiff remits certain part of verdict : Sturts v. Zeigler, 44 Pa. Super. 124, 128, 1910. (10) Scope of Review by Appellate Court General Rule. The appellate court will review only such matters as are regularly brought before it by making them appear on the face of the record 325 REVIEW ON APPEAL. 228 (10) -(11) (c) Matters Excepted to Below [Chap. 15, of the proceedings. As matters happening on the trial of a case or- dinarily form no part of the record, it is necessary, in order to obtain a review of them on appeal, to bring them on the record either by bill of exception or by asking that a transcript of the proceedings be filed and made part of the record. (See note (11) (a), below, and notes to 161.) Where, however, there is a fatal defect apparent on face of record, it will be considered by appellate court, even though no exception was taken below. See note (11) (e), below. (11) Matters Excepted to Below, (a) The appellate court will re- view only matters objected to and made the subject of an exception in the lower court: Powell v. Sedgwiek, 5 Whar. 336, 1839; Irwin's Ap., 5 Whar. 577, 1840; Dyott's Est., 2 W. & S. 557, 1841; Morton v. Funk, 6 Pa. 483, 1847; Johnson's Ap., 9 Pa. 416, 1848; Rearich v. Swinehart, 11 Pa. 233, 1849; McAdams v. Stillwell, 13 Pa. 90, 1850; Lower Merion Road, 18 Pa. 238, 1852; Robinson v. Snyder, 25 Pa. 203, 1855; Ashton v. Sproule, 35 Pa. 492, 1860; Duvall v. Darby, 38 Pa. 56, 1860; Guthrie v. Wilson, 40 Pa. 430, 1861; Oswald v. Kennedy, 48 Pa. 9, 1864; Merkel v. Berks Co., 81% Pa. 505, 1875; Burdge v. Weiler, 2 W. N. C. 502, 1876; Zell v. Com., 94 Pa. 258, 1880; German- town Ry. Co. v. Walling, 97 Pa. 55, 1881; Haines v. Com., 100 Pa. 317, 1882; Montgomery v. Cunningham, 104 Pa. 349, 1883; Gilmore v. R. R., 104 Pa. 275, 1884; Adamson's Ap., 110 Pa. 459, 1885; McMeen v. Com., 114 Pa. 300, 1886 ; Passenger Ins. Co. v. Birnbaum, 19 W. N. C. 277, 1886; McArthur v. Chase, 5 Sad. 67, 1887; Dempsey v. Harm, 20 W. N. C. 266, 1887; Grantz v. Price, 130 Pa. 415, 1890; Torrey v. Scranton, 133 Pa. 173, 1890; Huckstein v. Kelly, 139 Pa. 201, 1891; Bradwell v. Railway Co., 139 Pa. 404, 1891 ; Finch v. Conrade, 154 Pa. 326, 1893 ; Rosenthal v. Ehrlicher, 154 Pa. 396, 1893 ; Com. v. Fleming, 157 Pa. 644, 1893; Mixel v. Betz, 168 Pa. 1895; Messmore v. Morrison, 172 Pa. 300, 1895 ; Galbraith v. Phila. Co., 2 Pa. Super. 359, 1896; Harding v. Lloyd, 3 Pa. Super. 293, 1897; Ross Twp. Road, 5 Pa. Super. 85, 1903; see also as to necessity for exceptions, 161, note (3), and cross references; (b) provided exception was taken at proper time : Crosby v. Massey, 1 P. & W. 229, 1829 ; Lyon v. Phillips, 106 Pa. 57, 1884; Wolf v. Ferguson, 129 Pa. 272, 1889; Com. v. Mudgett, 174 Pa. 211, 1896 ; see also 161, note (6) ; (c) in absence of exceptions, appellate court has only the bare record before it, such as would be sent up on writ of certiorari, and nothing else can be considered: Drexel v. Man, 6 W. & S. 343, 1843; Com. v. Ware, 137 Pa. 465, 1890; 326 REVIEW ON APPEAL. 228-31] Matters Excepted to Below 228 (11) (e). (12) (a) Com. v. Duff, 7 Pa. Super. 415, 1898; Com. v. Edmiston, 30 Pa. Super. 54, 1906; (d) and the appellant cannot, in anticipation of a reversal and new trial, ask court to pass upon the correctness of an instruc- tion not excepted to: Troxell v. Mining Co., 213 Pa. 475, 1906; (e) but where a fundamental error is apparent on face of record, it will be considered though no objection was taken below: Ritchie v. Hast- ings, 2 Yeates 433, 1799 ; Grasser v. Eckhart, 1 Bin. 575, 1809 ; Hoffer v. Wightman, 5 Watts 205, 1832; Frankstown Road, 26 Pa. 472, 1852; Little Meadows Boro., 28 Pa. 256, 1857; Maher v. Ashmead, 30 Pa. 344, 1858; Bean's Road, 35 Pa. 280, 1860; Delaware Canal Co. v. Mc- Keen, 52 Pa. 117, 1865; Hill v. Tionesta Twp., 129 Pa. 525, 1889; Summerson v. Hicks, 142 Pa. 344, 1891; Gearing v. Lacher, 146 Pa. 397, 1892; O'Hara Twp. Road. 152 Pa. 319, 1893; Hoffa v. Per- son, 1 Pa. Super. 357, 1895; Middleton Road Case, 15 Pa. Super. 167, 1900; North Shore R. R. v. Penna. Co., 193 Pa. 641, 1900; Busquet's Est., 206 Pa. 534, 1903; Bushvalley Twp. v. Allegheny Co., 25 Pa. Super. 595, 1904; Hartley v.Weideman, 28 Pa. Super. 50, 1905; Com. v. Mitchell, 33 Pa. Super. 345, 1907; (f) and in such cases objection may be taken at any time: Bean's Road, 35 Pa. 280, 1860; Middleton Road Case, 15 Pa. Super. 167, 1900 ; North Shore R. R. v. Penna. Co., 193 Pa. 641, 1900; Bushvalley Twp. v. Allegheny Co., 25 Pa. Super. 595, 1904; (g) and reversal may be decreed, even though there is a right to appeal to another court: Delaware Canal Co. v. McKeen, 52 Pa. 117, 1866; (h) a general objection to evidence admissible for some purposes will not be sustained, and therefore appellate court will reverse action of lower court overruling general objection to evi- dence competent in part and incompetent as to remainder: Atchison v. McCulloch, 5 Watts 13, 1836; Peters v. Horbach, 4 Pa. 134, 1846; Cullum v. Wagstaff, 48 Pa. 300, 1864; Wall v. Building Asso., 3 Leg. Gaz. 28, 1871; Robinson v. Buck, 71 Pa. 386, 1872; Laubach v. Lau- bach, 73 Pa. 387, 1873; see 187, note (4) (b) (c) ; (i) on appeal from orphans' court, case will be decided according to equity and justice without strict regard to objections taken or errors assigned : see 229, note (2) (a). (12) Clerical Errors, (a) As a general rule, the appellate court will not reverse for clerical errors, committed in course of proceed- ings in lower court, which might have been corrected if called to at- tention of that court. Thus the appellate court will not reverse for clerical error in leaving blank the month in which writ of error was 327 REVIEW ON APPEAL. 228 (12) (a)-(13) (f) Technical Errors [Chap. 15, returnable: Eeed v. Collins, 5 S. & R. 351, 1819; (b) or in not entering judgment on record: Shaw v. Boyd, 12 Pa. 215, 1849; (c) or because docket entries, by mistake, were kept in oyer and terminer instead of quarter sessions: Com. v. Gibbons, 3 Pa. Super. 408, 1896; (d) or because proceedings were entitled in wrong court: Centreville School District's Ap., 3 W. N. C. 75, 1876; (e) or because commission in lun- acy was sued out in wrong court: Shenango Twp. v. Wayne Twp., 34 Pa. 184, 1859 ; (f ) or because of omission of clerk in order of court to commissioners to divide township: Penn Township, 8 Pa. 23, 1848; (g) or in order to viewers appointed to vacate highway: Allentown Road, 5 Whar. 442, 1840 ; (h) or for mistake in date of entry of rule : Mohr v. Warg, 26 Pa. 106, 1856; (i) or mistake in date in stating cause of action: Kraft v. Gilchrist, 31 Pa. 470, 1858; (j) but judgment erroneously entered by prothonotary will be stricken off by appel- late court : Guthrie v. Reid, 107 Pa. 251, 1885 ; see also next note and note (28). (13) Technical Defects and Irregularities, (a) Defects in form, amendable below, will not be considered cause for reversal: Steckel v. Steckel, 28 Pa. 233, 1857; Huntingdon, etc., R. R. v. McGovern, 29 Pa. 78, 1857; Robertson v. Reed, 47 Pa. 115, 1864; (b) nor defects in pleadings : Melchoir v. Ralston, 22 Yeates 154, 1796 ; Shaw v. Redmond, 11 S. & R. 27, 1824; Morris v. Buckley, 11 S. & R. 168, 1824; Bar- rington v. Washington Bank, 14 S. & R. 405, 1826; Thompson v. Cross, 16 S. & R. 350, 1827; Sauerman v. Weckerly, 17 S. & R. 116, 1827; Baxter v. Graham, 5 Watts 418, 1836; Morton's Case, 3 Whar. 170, 1837; Jones v. Hartley, 3 Whar. 178, 1837; Hall v. Law, 2 W. & S. 121, 1841; Glenn v. Copeland, 2 W. & S. 261, 1841; Long v. Long, 4 Pa. 29, 1846; Blackstock v. l^eidy, 19 Pa. 335, 1852; Good Intent Co. v. Hartzell, 22 Pa. 277, 1853; Cunningham v. McCue, 31 Pa. 469, 1858; Shoenberger v. Zook, 34 Pa. 24, 1859; Roop v. Roop, 35 Pa. 59, 1860 ; Barker v. McCreary, 66 Pa. 612, 1870 ; Bailey v. Coal Co., 139 Pa. 213, 1891; (c) especially where record shows no recov- ery could be had under any form of pleading: Com. v. Me Williams, 11 Pa. 61, 1849; (d) nor for defective count, where judgment was entered on good one: McCredy v. James, 6 Whar. 547, 1841; (e) nor want of replication to statute of limitation: Bricker v. Lightner, 40 Pa. 197, 1861; (f) nor variance not affecting merits, which was re- medial in lower court : Newlin v. Palmer, 11 S. & R. 98, 1824 ; Shirk v. Mingle, 13 S. & R. 29, 1825; Miller v. Miller, 4 Pa. 317, 1846; Penn- 328 REVIEW ON APPEAL. 228-31] Technical Errors 228 (13) (f )-(t) sylvania Hall, 5 Pa. 204, 1847; Morton v. Funk, 6 Pa. 483, 1847; Shoenberger's Exrs. v. Hackman, 37 Pa. 87, 1860; Passenger Ins. Co. v. Birnbaum, 116 Pa. 565, 1887; Walter v. Transue, 22 Pa. Super. 617, 1903; Com. v. Singer, 31 Pa. Super. 597, 1906; (g) espec- ially after three trials on merits : Hudson v. Watson, 11 Pa. Super. 266, 1899; (h) nor misjoinder of parties; Phila., Wash. & Bait. R. R. v. Conway, 112 Pa. 511, 1886; Kelley v. Kelley, 182 Pa. 131, 1897; (i) nor because, in drawing jury, the order named in Act April 14, 1834, P. L. 363, 120, 2 Purd. 2070, pi. 52, was not followed, in absence of any allegation of improper motive: Com. v. Zillafrow, 207 Pa. 274, 1903; (j) appellate court will review action of lower court on interlocutory motions, tLough made more than six months prior to appeal: Heilman v. McKinstry, 18 Pa. Super. 70, 1901; (k) where negligence charged is not proven, other circumstances alleged as negligence will not be con- sidered: Morris v. Transit Co., 215 Pa. 317, 1906; (1) it is doubtful whether question of privilege in service of writ can be considered: Wood v. Boyle, 177 Pa. 620, 1895; (m) appellate court will reverse where improper items are included in taxation of costs: McClain v. Lawrence County, 14 Pa. Super. 273, 1900; (n) or where record is in- complete and does not support judgment: Hopper v. McMurray, 13 L. I. 14, 1856; (o) or where judgment by default was entered without declaration: Ritchie v. Hastings, 2 Yeates 433, 1799; (p) or where judgment is entered against a party not served: Curtis v. Patton, 6 S. & R. 135, 1820; Brown v. Kelso, 2 P. & W. 427, 1831; (q) but ap- pellate court will not consider effect of judgment on defendant not served, where judgment is against both defendant and terre-tenant : Connor v. Schildt, 16 Pa. Super. 88, 1901 ; (r) where record shows that suit was brought before cause of action arose, case will be re- versed : Gordon v. Kennedy, 2 Binn. 287, 1810 ; Miller v. Ralston, 1 S. & R. 309, 1815; McLaughlin v. Parker, 3 S. & R. 144, 1817; Reed v. Collins, 5 S. & R. 351, 1819; Langer v. Parish, 8 S. & R. 134, 1822; Roud v. Griffith, 11 S. & R. 130, 1824; (s) but not where record is in such condition that it is impossible to determine facts: Stevenson's Est., 186 Pa. 262, 1898; (t) where on second trial defendant interposes technical defense not raised on first trial the fact that new action would be barred by the statute of limitations will be considered in deciding doubtful question: Rees & Son (Jo. v. Society, 44 Pa. Super. 381, 385, 1910. 329 REVIEW ON APPEAL. 228 (14)-(15) (a) Theory of Case [Chap. 15, (14) Theory of Case, (a) The appellate court will not consider case on theory or grounds different from that adopted by parties in court below, unless there is some radical error in proceedings: Taylor v. Sattler, 6 Pa. Super. 229, 1897; Turner v. Whitaker, 9 Pa. Super. 83, 1898; Troubat Ave., 10 Pa. Super. 27, 1899; Fidler v. Hershey, 90 Pa. 363, 1889 ; McKellar v. Seeds, 10 Pa. Super. 167, 1899 ; Com. v. Price, 15 Pa. Super. 342, 1901; Jenkins v. McMichael, 17 Pa. Super. 476, 1901; Crown Slate Co. v. Allen, 199 Pa. 239, 1901; Welch v. Miller, 210 Pa. 204, 1905; Carpenter v. Lancaster, 212 Pa. 581, 1905; Moore v. Adams, 29 Pa. Super. 239, 1905; Lehman v. Lehman, 215 Pa. 344, 1906; Foehr v. R. R., 40 Pa. Super. 7, 1909; (b) and it is error for lower court to introduce in his charge a theory of his own unsupported by the evidence of either party: Carter v. Henderson, 224 Pa. 319, 1909; see next note. (15) Questions not Raised Below, (a) Appellate court will not consider objections which were not raised in court below: Keller v. Nutz, 5 S. & R. 246, 1819; Dorman v. Turnpike Co., 3 Watts 126, 1834; Maus v. Maus, 6 Watts 275, 1837; Snevely v. Egle, 1 W. & S. 480, 1841; Drexel v. Man, 6 W. & S. 343, 1843; Miller v. Miller, 4 Pa. 317, 1846; Morton v. Funk, 6 Pa. 483, 1847; Wollenweber v. Ketterline, 17 Pa. 389, 1851; Bingham v. Guthrie, 19 Pa. 418, 1852; Simmond's Est., 19 Pa. 439, 1852; Erie v. Schwingle, 22 Pa. 384, 1853; Wright v. Wood, 23 Pa. 120, 1854; Convers v. Vanatta, 24 Pa. 257, 1855; Weaver's Est., 25 Pa. 434, 1855; Spencer v. Kunkle, 2 Grant 406, 1855; Quinn v. Woodhouse, 26 Pa. 333, 1855; Ruch v. Morris, 28 Pa. 245, 1857; Berger v. Palethorp, 2 W. N. C. 297, 1874; Lane v. Smith, 103 Pa. 415, 1883; Cope v. Kidney, 115 Pa. 228, 1886; Bartholomew v. Lehigh Co., 148 Pa. 82, 1892; Ross Twp. Road, 5 Pa. Super. 85, 1898; McGraw v. Ins. Co., 5 Pa. Super. 488, 1897; Com. v. Preston, 188 Pa. 429, 1898; Fidelity Title & Tr. Co. v. Bell, 188 Pa. 637, 1898; Becker v. Goldachild, 9 Pa. Super. 50, 1898; Livingston v. School Board, 9 Pa. Super. 110, 1898; Jones v. Harvey, 9 Pa. Super. 326, 1899; Crawford v. Pyle, 190 Pa. 263, 1899; Troubat Ave., 10 Pa. Super. 27, 1899; MacKellar v. Seeds, 10 Pa. Super. 167, 1899; Swoope v. Wakefield, 10 Pa. Super. 342, 1899; Com. v. Price, 15 Pa. Super. 342, 1900 ; Ulysses Co. v. Ins. Co., 20 Pa. Super. 384, 1902; Provident Trust Co. v. Phila., 202 Pa. 78, 1902; Henry v. Zurflish, 203 Pa. 440, 1902; Payne's Est., 204 Pa. 535, 1903; Shannon v. Castner, 21 Pa. Super. 294, 1903; Lauer Brew. Co. v. Chmielewski, 206 Pa. 90, 1903; Black v. Black, 206 Pa. 116, 1903; 330 REVIEW ON APPEAL. 228-31] Questions not Raised Below 228 (15) (a)-(j) Kuntz v. Railroad, 206 Pa. 162, 1903; Com. v. Schoen, 25 Pa. Super. 211, 1904; Johnson's Est., 29 Pa. Super. 255, 1905; Rotograph Co. v. Cressman, 41 Pa. Super. 14, 1909; Benner v. Fire Asso., 229 Pa. 75, 1910; Cambria Iron Co. v. Lidy, 226 Pa. 122, 1910; Grothe's Est., 229 Pa. 186, 1910; Shuman's Est., 45 Pa. Super. 587, 1911; Hottenstein v. Johnson, 44 Pa. Super. 562, 1910; see also note (11), above; (b) unless in exceptional cases involving a fundamental objection: Hoffa v. Person, 1 Pa. Super. 357, 1896 ; Taylor v. Burrell, 7 Pa. Super. 461, 1898; Provident Trust Co. v. Phila., 202 Pa. 78, 1902; Kelly v. Trac- tion Co., 204 Pa. 623, 1903; Bousquet's Est., 206 Pa, 534, 1903; see also note (11) (e), this section; (c) but Act of April 27, 1855, P. L. 368, 2 Purd. 2276, pi. 11, relating to presumption of payment, may be plead- ed for first time in appellate court: DeHaven's Est., 25 Pa. Super. 507, 1904; (d) and where, in action for specific performance of agree- ment to sell land, objection is made to contract because of insuffi- ciency of description under statute of frauds, appellate court can de- cide question on merits, though statute was not pleaded : Barnes v. Rea (No. 2), 219 Pa. 287, 1908; (e) when jurisdiction of a jus- tice was not raised below, question will be considered only from record, of which evidence and charge form no part: Brands v. Wise, 16 Pa. Super. 189, 1901 ; (f ) exceptions to matters outside record will not be considered: Summerville v. Painter, 44 Pa. 110; Robinson v. Hodgson, 4 Leg. Gaz. 339, 1872; (g) nor will court consider different grounds for objecting to evidence than those specified in lower court : Smith v. Craig, 2 Pa. 153, 1845; Far v. Swain, 2 Pa. 245, 1845; Hobson v. Croft, 9 Pa. 363, 1848; Mills v. Buchanan, 14 Pa. 59, 1850; Wollen- weber v. Ketterlinus, 17 Pa. 389, 1851 ; Blackstock v. Leidy, 19 Pa. 335, 1852 ; Winton v. Little, 9 W. N. C. 37, 1880 ; Merriman v. McManus, 102 Pa. 102, 1883; McGrain v. Ins. Co., 5 Pa. Super. 488, 1897; Danley v. Danley, 179 Pa. 170, 1897; Crawford v. Pyle, 190 Pa. 263, 1899; Payne's Est., 204 Pa. 535, 1903; Benner v. Fire Asso., 229 Pa. 75, 1910; Roebling's Sons Co. v. Constr. Co., 231 Pa. 261, 1910; Mor- gan v. Gamble, 230 Pa. 165, 1911 ; (h) nor errors not assigned : Omit v. Com., 21 Pa. 426, 1853 ; (i) unless justice plainly requires it : Ander- son v. Long, 10 S. & R. 55, 1823; Hoffer v. Wightman, 5 Watts 205, 1832; Bean's Road, 35 Pa. 280, 1860; (j) or record shows want of jur- isdiction: Frankstown Road, 26 Pa. 472, 1856; Little Meadows Boro., 28 Pa. 256, 1857; Bean's Road, 35 Pa. 280, 1860; O'Hara Twp. Road, 152 Pa. 319, 1893; Middletown Road, 15 Pa. Super. 167, 1900; see also cases, note (11) (e), above. 331 REVIEW ON APPEAL. 228 (16)-(17)(a) Remarks of Counsel [Chap. 15, (16) Remarks of Counsel, (a) It was formerly lield that there was no way in which objectionable remarks by counsel could be brought on record for purpose of assigning errors: Com. v. Nicely, 130 Pa. 261, 1889: McCloskey v. R. R., 156 Pa. 254, 1893; (b) but under authority of later cases it may be accomplished by at once call- ing attention of trial judge to alleged improper remarks, so that they can be taken down by the official stenographer, and taking exception to action of court thereon; or they can be written down and verified by affidavit of one who heard them and afterwards made part of record by sealing exceptions: Com. v. Weber, 167 Pa. 153, 1895; Huklen v. R. R., 169 Pa. 1, 1895; Com. v. Windish, 176 Pa. 167, 1896; Com. v. Smith, 2 Pa. Super. 474, 1896; Littell v. Young, 5 Pa. Super. 205, 1897; Guckaven v. Traction Co., 203 Pa. 521, 1902; Com. v. Dor- man (No. 2), 22 Pa. Super. 20, 1903; (c) but if trial judge refuses to certify to correctness of language alleged to have been used, such language is not part of record: Com. v. Church, 17 Pa. Super. 39, 1901; (d) where the alleged remarks are brought before court by affidavits of persons who heard them, such affidavits become part of record, and refusal of court to withdraw juror for such cause may be assigned for error: Holden v. R. R., 169 Pa. 1, 1895; (e) objectionable remarks should first be brought before lower court by motion for new trial: McNeil Co. v. Steel Co., 207 Pa. 493, 1904; (f) unless objectionable language is brought on the record in one of the methods mentioned above, it cannot be considered by appellate court : Com. v. McClellan, 42 Pa. Super. 504, 1910; Com. v. Polichinus, 229 Pa. 311, 1911; see note (29), below, especially (i), (k) and (1) of said note. (17) Presumption of Regularity, (a) The appellate court will presume that all proceedings by the trial court were regular and that its officers regularly performed all acts necessary to legal trial of the cause : Melchoir v. Ralston, 2 Yeates 154, 1796 ; McFarlaud v. Twp., 12 S. & R. 297, 1825; Munderbach v. Lutz, 14 S. & R. 220, 1826; Fitzsim- mons v. Leckey, 3 P. & W. Ill, 1831; Gram's Ap., 4 Watts 43, 1835; Browning v. McManus, 1 Whar. 177, 1836 ; Baxter v. Graham, 5 Watts 418, 1836 ; Cabargo v. Seeger, 17 Pa. 514, 1851 ; Long v. McGuore, 22 Pa. 163, 1853; Girts v. Com. 22 Pa. 351, 1858; McCaskey v. Graff, 23 Pa. 321, 1855; Bull's Ap., 24 Pa. 286, 1855; Beale v. Com., 25 Pa. 11, 1855; Neil's Est., 27 Pa. 208, 1856; Bryan v. Com., 27 Pa. 284, 1856; Walls v. Wilson, 28 Pa. 514, 1856; Bemus v. Clark, 29 Pa. 251, J857; Weaver v. Com., 29 Pa. 445, 1857; Cromelien v. Brink, 29 Pa. 522, 332 REVIEW ON APPEAL. 228-31] Presumption of Regularity 228 (17) (a)-(g) 1850; Cathcart v. Com., 37 Pa. 108, 1860; Eldred v. Hazlett, 38 Pa. 16, 1861; Rogers v. Whiteley, 38 Pa. 137, 1861; Wagner's Ap., 43 Pa. 102, 1862 ; Delaware Canal Co. v. Com., 60 Pa. 367, 1869 ; Byrne v. Gross- man, 65 Pa. 310, 1870; Hepburn's Ap., 65 Pa. 468, 1870; Rosenberry's Ap., 31 L. I. 101, 1874; Vensel v. Coiner, 31 L. I. 373, 1874; Kiser v. Vanleer, 2 W. N. C. 561 1876; Moreland Twp. Overseers v. Benton Twp. Poor Dist., 3 W. N. C. 20, 1876; Wilcox v. Payne, 88 Pa. 154, 1878; Robb's Ap., 1 Penny. 436, 1881; Wise v. Allen, 9 Sad. 561, 1888; Morrison' v. Nevin, 130 Pa. 344, 1889; Sondheimer v. Hoover, 144 Pa. 221, 1891; Walter v. Sun Fire Office, 165 Pa. 381, 1894; Pittsburg v. Maxwell, 179 Pa. 553, 1897; Miller v. Lash, 4 Pa, Super. 292, 1897; Ross Twp. Road, 5 Pa. Super. 85, 1897; Miller's License, 8 Pa. Super. 223, 1898; Quinn's License, 11 Pa. Super. 554, 1899; (b) that all matters of fact have been properly submitted by lower court: Gifford v. Gifford, 27 Pa. 202, 1857; Storch v. Carr, 28 Pa. 135, 1857; (c) even though there is a formal defect in record, presumption of regularity in partition proceedings arises after lapse of twenty years: Vensel v. Coiner, 31 L. I. 373, 1874; (d) the burden is on appellant to show affirmatively from the record itself the particular error complained of: Bradley v. Flowers, 4 Yeates 436, 1806 ; Munderbach v. Lutz, 14 S. & R. 220, 1826 ; Fitsimmons v. Leckey, 3 P. & W. Ill, 1831 ; Baxter v. Graham, 5 Watts 418, 1836 ; Cabargo v. Seegar, 17 Pa. 514, 1851; Plank-Road Co. v. Rineman, 20 Pa. 99, 1852; Hartman v. Ins. Co., 21 Pa. 466, 1854; McCaskey v. Graff, 23 Pa. 321, 1855; Allegheny v. Nelson, 25 Pa. 332, 1855; Bryan v. Com., 27 Pa. 284, 1856; Storch v. Carr, 28 Pa. 135, 1857; Aiken v. Stewart, 63 Pa. 30, 1869; Sorg v. St. Paul's Congregation, 63 Pa. 156, 1869; Kille v. Edge, 79 Pa. 15, 1875; Hill v. Prescott, 31 L. I. 373, 1874; Weishert v. Orris, 32 L. I. 283, 1875; Riser v. Van Leer, 2 W. N. C. 561, 1876; Cumberland Val. R. R. v. Rhoadarmer, 107 Pa. 214, 1884; Kimelewski v. Com., 39 Pa. Super. 308, 1909 ; Com. v. Stanley, 39 Pa. Super. 402, 1909; see also note (1) (b), this section, and 187, note (1) (a) ; (e) where appellate court reversed order quashing indict- ment and awarded procedendo, on subsequent appeal presumption is that all grounds for quashing were presented and passed upon on first appeal: Com. v. Sober, 22 Pa. Super. 22, 1903; (f) there is no pre- sumption that jury heard or were influenced by remarks of court not addressed to them: Fraim v. Ins. Co., 170 Pa. 151, 1897; (g) where appellate court is not furnished with copy of special Act of Assem- 333 REVIEW ON APPEAL. 228 (18) (a)-(e) Evidence Findings [Chap. 15, bly, it will presume lower court placed proper construction on it: Steiner v. Loan Co., 98 Pa. Super. 591, 1882. (18) Evidence Findings, (a) The appellate court will review evidence given below for purpose of determining the law of the case, but it will not review it for purpose of determining its weight, except to consider the question whether or not there was any evidence to sustain the verdict. Questions of fact passed upon by the court below will be reviewed only in case of manifest and gross error. The same rule applies to findings of fact -by masters, referees, arbitrators and auditors, (b) Thus where a case is fairly tried without any errors ap- pearing on the record, a verdict rendered on the conflicting evidence of witnesses whose credibility is within the province of jury, is -con- clusive and will not be reviewed on appeal: Andrews v. Andrews, 5 S. & R. 374, 1819; Wilkins v. Boyce, 3 Watts 39, 1834; Inman v. Kutz, 10 Watts 90, 1840 ; Bartlett v. Kingan, 19 Pa. 341, 1852 ; Kames v. Thomas, 1 W. N. C. 189, 1873 ; Gates v. Watt, 127 Pa. 20, 1889 ; Guyer v. Port, 155 Pa. 322, 1893; McBride v. Rinard, 172 Pa. 542, 1895; Christner v. John, 2 Pa. Super. 78, 1896 ; Carson v. Bromley, 184 Pa. 549, 1898; Rosenagle v. Palmer, 186 Pa. 32, 1898; Sager v. Patterson, 15 Pa. Super. 147, 1900; Sprout v. Eagal, 193 Pa. 389, 1900; Fleming v. Dixon, 194 Pa. 67, 1900; Robeson v. Pels, 202 Pa. 399, 1902; Kelly v. Traction Co., 204 Pa. 623, 1903; Williams v. Williams, 206 Pa. 644, 1903; Columbia Fire Proofing Co. v. Paper Co., 207 Pa. 232, 1903; Winslow Bros.v. Du Puy, 208 Pa. 98, 1904; Lazzari v. R. R., 28 Pa. Super. 175, 1905; Stoner v. Honse, 28 Pa. Super. 485, 1905; Hays v. Carter, 226 Pa. 468, 1910; (c) questions of fact are reviewable only so far as necessary to determine questions of law: Figard v. Griffith, 1 Pitts. 157, 1854; Kepler v. Lumber Co., 209 Pa. 244, 1904; (d) but under the Act of 1891, appellate court has power to modify verdicts in certain cases (see note (4), this section), and to supervise discre- tions of lower court in refusing new trial where verdict is grossly in- adequate or excessive (see note (9), this section) ; (e) and an order of trial court offering choice between reduction of damages and new trial cannot be assigned as error: Meckes v. Water Co., 203 Pa. 13, 1902; see the Act of April 22, 1905, P. L. 286, 5 Purdon 5848, pi. 7, (88 (C), above), providing for appeal from allowance or refusal of judgment n. o. v., and also Com. v. Hanley, 15 Pa. Super. 271, 1901, as to practice in obtaining review of evidence prior to Act of 1905, where evidence was deemed insufficient to sustain verdict; (f) ad- 334 REVIEW ON APPEAL. 228-31] Evidence Findings 228 ( 18) (f )-(h) mission of incompetent evidence is not reversible error if there is suf- ficient competent evidence to sustain findings: Sawtelle's Ap., 84 Pa. 306, 1877; see also note (25) (e), this section; (g) findings of fact by a judge of the lower court will not be reviewed unless error is clearly and conclusively shown: Spear v. Jamieson, 2 S. & R. 530, 1816; Righter v. Rittenhouse, 3 Rawle 273, 1832; Robinson v. Narber, 65 Pa. 85, 1870; Knicherbacker Ins. Co. v. Gorbach, 70 Pa. 150, 1871; Germantown Ave. Case, 99 Pa. 479, 1882; Hanna v. Clark (No. 2), 204 Pa. 149, 1903; Feagley v. Norbeck, 127 Pa. 238, 1889; Owen's Case, 140 Pa. 565, 1891; Spring Twp. Overseers v. Walker Twp., 1 Pa. Super. 383, 1895 ; Smith v. Borough, 3 Pa. Super. 495, 1896 ; Stockett v. Ryan, 176 Pa. 71, 1896; Lasher v. Medical Co., 3 Pa. Super. 571, 1897; Light v. Ry., 4 Pa. Super. 427, 1897; Lowry's Est., 6 Pa. Super. 143, 1897; Gimber's Est., 184 Pa. 436, 1898; Sturgeon v. Stevens, 186 Pa. 350, 1898; Barlott v. Forney, 187 Pa. 302, 1898; Milton Boro. Overseers v. Overseers, 9 Pa. Super. 204, 1898; First Nat. Bank v. Coal Co., 210 Pa. 76, 1904; McArdle's Est., 28 Pa. Super. 106, 1905; Emery Lumber Co. v. County, 28 Pa. Super. 451, 1905; Fidelity Co. v. Harder, 212 Pa. 96, 1905 ; York Haven Water Co. 's Ap., 212 Pa. 622, 1905 ; Phoenix Press v. Mackenzie, 32 Pa. Super. 183, 1907; Locher v. Byer, 218, Pa. 574, 1907; Mill Creek Boro. Case, 32 Pa. Super. 465, 1907; Canavan v. Paye, 34 Pa. Super. 91, 1907; Dickey v. Norris, 216 Pa. 184, 1907; Jones v. Weir, 217 Pa. 321, 1907; Osterman v. Patterson, 219 Pa. 162, 1907; Conrad v. Conrad, 36 Pa. Super. 154, 1908; Duke v. Gas Co., 220 Pa. 348, 1908; Strause v. Berger, 220 Pa. 367, 1908; Furbush's Est., 220 Pa. 166, 1908; Rahn Twp. Sch. Dist. v. Coal Co., 221 Pa. 141, 1908; People's Bank v. Stroud, 223 Pa. 33, 1909; Stokes v. Compton, 38 Pa. Super. 474, 1909; West Chester Boro. v. Tel. Co., 38 Pa. Super. 603, 1909; Kinney's Case, 39 Pa. Super. 195, 1909; McManus v. Watson, 223 Pa. 581, 589, 1909; Snyder v. Smyth, 224 Pa. 36, 1909; Scott's Pet., 231 Pa. 311, 1911; (h) especially where find- ings depend on credibility of witnesses: Cowan's Est., 184 Pa. 339, 1898; Lafferty's Est., 184 Pa. 502, 1898; Hancock v. Melloy, 187, Pa. 371, 1898; Mackintyre v. Jones, 9 Pa. Super. 543, 1899; Stein- meyer v. Siebert, 190 Pa. 471, 1899; Murphy's Est., 21 Pa. Super. 384, 1902 ; Lasher v. Press Co., 203 Pa. 313, 1902 ; Hunter v. Bilheimer, 22 Pa. Super. 622, 1903; Fidelity Co. v. Harder, 212 Pa. 96, 1905; Miller v. Piatt, 33 Pa. Super. 547, 1907; Pratt 's Est., 35 Pa. Super. 110, 1907; Campbell's Est., 39 Pa. Super. 138, 1909; (i) or weight 335 REVIEW ON APPEAL. 228 (18) (i)-(m) Evidence Findings [Chap. 15, of evidence: Steinmeyer v. Siebert, 190 Pa. 471, 1899; Googe v. Gaskill, 18 Pa. Super. 39, 1901; Hale Mfg. Co. v. Norcross, 199 Pa. 283, 1901; Laning v. Darling, 209 Pa. 254, 1904; (j) general rule being that such findings will not be questioned where there is evidence to support them: Com. v. Beech Creek R. R., 188 Pa. 203, 1898; Com. v. Ontario Ry., 188 Pa. 205, 1898; Milton Overseers v. Township, 9 Pa. Super. 204, 1898; Jones v. Harvey, 9 Pa. Super. 326, 1899; Fitzsim- mons v. Robb, 193 Pa. 518, 1899; Goggins v. Risley, 13 Pa. Super. 316, 1900; (k) above principles apply to findings of orphans' court: Ake's Ap., 21 Pa. 320, 1854; Harding 's Est., 24 Pa. 189, 1855; Gib- son's Ap., 25 Pa. 191, 1855; Glentworth's Ap., 38 L. I. 342, 1881; Sheehan's Est., 139 Pa. 168, 1891; Murphy's Est., 21 Pa. Super. 384, .1902; Eslen's Est., 211 Pa. 215, 1905; Gallagher's Est., 218 Pa. 609, 1907; Furbush's Est., 220 Pa. 166, 1908; McCahan's Est., 221 Pa. 186, 1908; Campbell's Est., 39 Pa. Super. 148, 1909; Hirsh's Est., 41 Pa. Super. 367, 1910; Fuller's Est., 41 Pa. Super. 417, 1910; DeHaven's Est., 41 Pa. Super. 382, 1910; Freeman's Est., 227 Pa. 154, 1910; Her- mann's Est., 226 Pa. 543, 1910; Puterbaugh's Est., 44 Pa. Super. 102, 1910; McNulty's Est., 230 Pa. 387, 1911; Rorabaugh's Est., 229 Pa. 377, 1911; see (q), this note, and 229; (1) especially where confirmed by court in bane: Coulston's Est., 161 Pa. 151, 1894; Hortz's Est., 26 Pa. Super. 489, 1904; McArdle's Est., 28 Pa. Super. 106, 1905; Moore's Est., 211 Pa. 338, 1905; Pratt 's Est., 35 Pa. Super. 110, 1908; Campbell's Est., 39 Pa. Super. 188, 1909; Harris's Est., 43 Pa. Super. 540, 1910; (m) the findings of a court of equity: Church Co. v. Guernsey. 190 Pa. 284, 1899; Fitzsimmons v. Robb, 193 Pa. 518, 1899; Goggins v. Risley, 13 Pa. Super. 316, 1900; Bannon v. Bank, 14 Pa. Super. 566, 1900; Greena- walt v. Dixon, 194 Pa. 363, 1900; Eisaman v. Eisaman, 201 Pa. 11, 1901 ; Dilworth v. Kennedy, 201 Pa. 388, 1902 ; Wolf v. Christman, 202 Pa. 475, 1902; Pennsylvania Co. v. R. R., 204 Pa. 356, 1903; O'Brien v. Collins, 205 Pa. 651, 1903; Kelly v. Shay, (No. 2) 206 Pa. 215, 1903; Watkins v. Hughes, 206 Pa. 526, 1903; Ridgway's Account, 206 Pa. 587, 1903; Lyons v. Lyons, 207 Pa. 13, 1903; Obney v. Obney, 26 Pa. Super. 116, 1904; Byers v. Byers, 208 Pa. 23, 1904; Gundaker v. Ehrgott, 209 Pa. 284, 1904; First Nat. Bank v. Coal Co., 210 Pa. 76, 1904; Jones v. Weir, 217 Pa. 321, 1907; Gay v. Chambers, 37 Pa. Super. 41, 1908; Forsyth v. Trust Co., 220 Pa. 60, 1908; Hohenstein v. Perelstine, 37 Pa. Super. 540, 1908; Childs v. Adams, 43 Pa. Super. 336 REVIEW ON APPEAL. 228-31] Evidence Findings 228 (18) (m)-(q) 239, 1910; Luther v. Luther, 226 Pa. 144, 1910; Sears v. Trust Co., 228 Pa. 126, 1910; Myers v. Ritter, 41 Pa. Super. 590, 1910; Citizens' Elec. Co. v. Boom Co., 227 Pa. 449, 1910 ; Meyers v. Coal Co., 228 Pa. 444, 1910; Bierly v. Sever, 228 Pa. 289, 1910; Krings v. Krings, 43 Pa. Super. 590, 1910; Yerger v. Hunn, 231 Pa 245, 1911; (n) or of ref- eree in equity suit: Old Colony Tr. Co. v. Transit Co., 192 Pa. 596, 1899; Wolf v. Augustine, 197 Pa. 367, 1900; Taylor v. Folz, 24 Pa. Super. 1, 1903; Fenn v. McCarrell, 208 Pa. 615, 1904; McGrain v. Hilton, 221 Pa. 568, 1908; Speer v. Huidekoper, 221 Pa. 448, 1908; Guarantee Trust Co. v. Stover, 17 Dist. 684, 1908; (o) findings by the court of quarter sessions: Com. v. Church, 17 Pa. Super. 39, 1901; Com. v. Craig, 19 Pa. Super. 81, 1902; Welsh's Case, 22 Pa. Super. 392, 1903; (p) findings in proceedings under Poor Laws of March 16, 1868, P. L. 46, 3 Purd. 3574, pi. 82: Spring Twp. Overseers v. Overseers, 1 Pa. Super. 383, 1895; Christy's Lunacy, 2 Pa. Super. 259, 1896; Elderton Overseers v. Overseers, 2 Pa. Super. 397, 1896; Edenburg Overseers v. Overseers, 5 Pa. Super. 516, 1897; Perry Twp. Overseers v. Overseers, 8 Pa. Super. 640, 1898; Com. v. Darr, 11 Pa. Super. 74, 1899; see 85; (q) findings of fact by auditors, and especi- ally when such findings are confirmed by lower court : Ake 's Ap., 21 Pa. 320, 1853; Harding 's Est., 24 Pa. 189, 1855; Bull's Ap., 24 Pa. 286, 1855; Mellon 's Ap., 32 Pa. 121, 1858; Singmaster's Ap., 86 Pa. 169, 1877; Ready's Ap., 99 Pa. 9, 1881; Jacob's Ap., 107 Pa. 137, 1884; Coxe's Ap., 120 Pa. 98, 1888; Stone's Ap., 23 W. N. C. 283, 1888; Harbinson's Est., 145 Pa. 456, 1897; Boffenmyer's Est., 150 Pa. 540, 1892; Baird v. Ford, 152 Pa. 637, 1893; Becker v. Yeager, 1 Pa. Super. 107, 1895; Kedward v. Campbell, 166 Pa. 365, 1895; McCor- mick v. McGonigal, 4 Pa. Super. 408, 1897; Seibert's Est., 4 Pa. Super. 514, 1897; Lowry's Est., 6 Pa. Super. 143, 1897; Emanuel's Est., 13 Pa. Super. 43, 1900; Wendt's Est., 14 Pa. Super. 644, 1900; Platt-Bar- ber Co. v. Groves, 193 Pa. 475, 1899; Shimp's Est., 197 Pa. 128, 1900; Betz's Est., 15 Pa. Super. 563, 1901; Walker v. Edmonds, 197 Pa. 644, 1901; Herrington's Est., 17 Pa. Super. 530, 1901; Rigby's Est., 18 Pa. Super. 5, 1901; Coleman's Est., 200 Pa. 29, 1901; Dalley's Est., 200 Pa. 140, 1901; Kern's Est., 18 Pa. Super. 506, 1902; Fague's Est., 19 Pa. Super. 638, 1902; Young's Est., 204 Pa. 32, 1902; Hayes's Est., 23 Pa. Super. 570, 1903 ; Rossbach v. Beebe, 205 Pa. 652, 1903 ; Union Tract. Co. v. Grubb, 24 Pa. Super. 345, 1904; Powel's Est., 208 Pa. 505, 1904; McPharren's Est., 212 Pa. 425, 1905; Taylor's Est., 35 Pa. 337 22 REVIEW ON APPEAL. 228 (18) (q)-(x) Evidence Findings [Chap. 15, Super. 452, 1908; Blaney's Est., 37 Pa. Super. 76, 1908; Barnes's Est., 221 Pa. 399, 1908; Leonard's Est., 226 Pa. 277, 1910; Gibson's Est., 228 Pa. 409; see (k), this note; (r) unless the auditor has made no definite findings: Hawley v. Griffith, 187 Pa. 306, 1898; (s) findings of arbitrators and reierees : Harker v. Elliot, 7 S. & R. 284, 1821 ; Betz v. Delbert, 16 W. N. C. 360, 1885; Ellison v. Hosie, 147 Pa. 336, 1892; Ridge Ave. Ry. v. Phila., 181 Pa. 592, 1897; Bulkley v. Wood, 4 Pa. Super. 391, 1897 ; Chester v. Mclntyre, 13 Pa. Super. 545, 1900 ; Snyder v. Karney, 198 Pa. 356, 1901 ; Plymouth Co. v. Wood Co., 203 Pa. 206, 1902; Taylor v. Folz, 24 Pa. Super. 1, 1903; Rossbach v. Beebe, 205 Pa. 652, 1903; Oakley v. Borough, 25 Pa. Super. 425, 1904; Lancaster v. Flowers, 208 Pa. 199, 1904; Bradley v. Gaghan, 208 Pa. 511, 1904; Findlay v. Phila., 217 Pa. 330, 1907; Speer v. Huidekoper, 221 Pa. 568, 1908; McGraw v. Hilton, 221 Pa. 568, 1908; (t) findings of referee under Act of May 14, 1874, P. L. 166, such findings having effect of verdict of jury: Com. v. Mitchell, 80 Pa. 57, 1875; Jamison v. Collins, 83 Pa. 359, 1877; Lee v. Keys, 88 Pa. 175, 1878; Brown v. Dempsey, 95 Pa. 243, 1880 ; Camden, etc. Ferry Co. v. Managhan, 10 W. N. C. 46, 1881; Bradlee v. Whitney, 108 Pa. 362, 1885; Brown v. Boom Co., 109 Pa. 57, 1885; Bidwell v. Pittsburg Ry., 114 Pa. 535, 1886; Gonser v. Smith, 115 Pa. 452, 1886 ; Southern Md. Ry. v. Moyer, 125 Pa. 506, 1889; Com. v. Hulings, 129 Pa. 317, 1889; Com. v. Westinghouse Mfg. Co., 151 Pa. 265, 1892; Leonard v. Smith, 162 Pa. 284, 1894; Fuller v. Weaver, 175 Pa. 182, 1896; McGinn v. Benner, 180 Pa. 396, 1897; Bruch v. Phila., 181 Pa. 588, 1897; McMillin v. McMillin, 183 Pa. 91, 1897; Grauel v. Wolfe, 185 Pa. 83, 1898; Schwab v. Bickel, 11 Pa. Super. 312, 1899 ; Fell v. Betz, 22 Pa. Super. 418, 1903 ; see 93 ; (u) the above rules are especially applicable where findings have been ap- proved by lower court : Chambers v. Chatley, 15 Pa. Super. 540, 1901 ; De La Vergne, etc., Co. v. Kolischer, 214 Pa. 400, 1906; Dickey v. Norris, 216 Pa. 184, 1907; Findlay v. Phila., 217 Pa. 330, 1907; Thomp- son v. Prettyman, 231 Pa. 1, 1911 ; Kemmerer Iron Co. v. Bittenbender, 231 Pa. 154, 1911; (v) and where findings are not all before appellate court: Borda v. R. R., 141 Pa. 484, 1891; (w) where clear error is shown, submission under Act June 16, 1836, P. L. 717, 51, above, will be referred back to referee : Gunn v. Bowers, 126 Pa. 552, 1889 ; Klip- stein v. Whitesides, 30 Pa. Super. 35, 1906; (x) findings of referee under Act April 22, 1874, P. L. 109, 3 Purd. 3658, pi. 42, have also effect of verdict of jury (see (t), this note) : (y) in proceedings under said 338 REVIEW ON APPEAL. 228-31] Evidence Findings 228 (18) (x)-(h2) act, where case has been tried before court and error is alleged in re- jecting testimony, offers will be treated as stating facts : Com. v. Phila. County, 157 Pa. 531, 1893; (z) findings of master are not conclusive unless clear error be shown: Logue's Ap., 104 Pa. 136, 1883; Cake's Ap., 110 Pa. 65, 1885; Bugbee's Ap., 110 Pa. 331, 1885; Martinsburg Bank v. Telephone Co., 150 Pa. 36, 1892; Krumbhaar v. Griffiths, 151 Pa. 223, 1892; Warner v. Hare, 154 Pa. 548, 1893; Riverton Ferry Co. v. Bridge Co., 1 Pa. Super. 587, 1895; (a2) and where lower court re- verses master's findings without giving reasons, and weight of tes- timony is in favor of findings, lower court will be reversed : Williams v. Church, 193 Pa. 120, 1899 ; (b2) findings of master in divorce pro- ceedings where there has been no jury trial, are entitled to great weight, although appellate court will in such cases carefully scrutinize the evidence : Middleton v. Middleton, 187 Pa. 612, 1898 ; Mendenhall v. Mendenhall, 12 Pa. Super. 290, 1899; Hull v. Hull, 14 Pa. Super. 520, 1900 ; Smith v. Smith, 15 Pa. Super. 366, 1901 ; Faunce v. Faunce, 29 Pa. Super. 220, 1902; Rishel v. Rishel, 24 Pa. Super. 303, 1904; Schulze v. Schulze, 33 Pa. Super. 325, 1907; Penny v. Penny, 34 Pa. Super. 88, 1907; King v. King, 36 Pa. Super. 33, 1908; see 61, note (2); (c2) and where report of two masters are conflicting and lower court makes no clear findings of facts, appellate court will reverse and refer case to new master: Eckels v. Stuart, 209 Pa. 285, 1904; (d2) but mere fact that lower court disapproved report of master in divorce and dismissed libel without filing opinion is not reversible error: Carey v. Carey, 25 Pa. Super. 223, 1904; (e2) where, after report has been examined and referred back to master for additional testimony, part of testimony of first report has been lost, but decree of divorce is subsequently entered without compelling libellant to supply lost testimony, case will be reversed: Rishel v. Rishel, 24 Pa. Super. 303, 1904; (f2) trial judge in equity case should set out his findings in separate and numbered para- graphs: Schmidt v. Baizley, 184 Pa. 527, 1898; Pittsburg Stove Co. v. Penna. Co., 208 Pa. 37, 1904; Gaynor v. Quinn, 212 Pa. 362, 1905; Hast- ings Water Co. v. Hastings Boro., 216 Pa. 178, 1907; (g2) and must answer each request for findings by adopting, affirming, qualify- ing or denying it: Hoyt v. Canal Co., 203 Pa. 509, 1902; Lehigh Coal Co. v. Everhart, 206 Pa. 118, 1903; Pittsburg Stove Co. v. Penna Co., 208 Pa. 37, 1904; Gaynor v. Quinn, 212 Pa. 362, 1905; (h2) decree will not be reversed where court made no findings on which it was based: Jones v. Weir, 213 Pa. 135, 1905; (12) but appellate court is 339 REVIEW ON APPEAL. 228 (18) (i2)-(19) Evidence Findings [Chap. 15, not bound by finding which is merely an inference: Beale v. Kline, 183 Pa. 149, 1897; (J2) findings may by agreement be based on evi- dence taken in action at law between same parties and involving same subject matter: Andrews v. Coal Co., 202 Pa. 639, 1902; (k2) but not where parties were not the same: Gribbel v. Brown, 202 Pa. 10, 1902; (12) admission of incompetent evidence is no cause for re- versal unless it appears auditor was influenced by it : Harbinson 's Est., 145 Pa. 456, 1891; Countryman's Est., 151 Pa. 577, 1892; (m2) that a different conclusion might have been reached is not cause for re- versal : Marr v. Marr, 6 Sad. 138, 1887 ; Gibbons v. Hook & Ladder Co., 184 Pa. 608, 1898; Bailey's Est., 187 Pa. 31, 1898; Taylor v. Folz, 24 Pa. Super. 1, 1903; (n2) evidence must in all cases be properly brought on record before appellate court: Carpenter's Case, 4 Pa. 222, 1846; D'Arros's Ap., 89 Pa. 51, 1879; Owen's Ap., 140 Pa. 565, 1891; Borda v. R. R., 141 Pa. 484, 1891: Fleer v. Reagan, 24 Pa. Super. 170, 1903; (see also note (17) (d), above); (o2) if award be regular on its face, proceedings before referee will not be re- viewed in appellate court in absence of exceptions duly taken in court below : Browning v. McManus, 1 Whar. 177, 1835 ; Sands v. Rols- house, 3 Pa. 456, 1846; Berg v. Moore, 7 Pa. 94, 1847; Vankirk v. Mc- Kee, 9 Pa. 100, 1848, Rogers v. Playford, 12 Pa. 181, 1849; Taggart v. McGinn, 14 Pa. 155, 1850; Bemus v. Clark, 29 Pa. 251, 1857; Wilcox v. Payne, 88 Pa. 154, 1878; (p2) and it must appear on face of record that there is no evidence to sustain findings: Phila. Co. v. United Gas Imp. Co., 180 Pa. 235, 1897; Fell v. Betz, 22 Pa. Super. 418, 1903; (q2) appeal taken before exceptions to findings have been filed will be quashed unless order to enter judgment is so drawn as to raise pre- sumption that court intended to deny right to file exceptions: Miller v. Cambria County, 25 Pa. Super. 591, 1904; (r2) where evidence is properly made part of record, appellate court will not merely in- spect it, as on certiorari, but will review judicial action of lower court: Pocono Pines Assembly v. County, 29 Pa. Super. 36, 1905; (s2) statements of fact will be taken as true where all evidence is not printed : Hyndman v. Hogsett, 111 Pa. 643, 1886 ; (t2) but no facts not found will be inferred : Sweigard v. Wilson, 106 Pa. 207, 1884. (19) Charge of Court Omission to Charge in Particular Manner in Absence of Requests. Where no particular instructions are asked for, the appellate court will review the charge as a whole and not sentences or paragraphs disconnected from the context, and if the 340 REVIEW ON APPEAL. 228-31] Charge Absence of Requests 228 (19) (a) general effect is a fair presentation of the case under the evidence, there will be no reversal on the ground that it contained language which was prejudicial and misleading. That the trial judge com- mented on the testimony and expressed his opinion on the facts, credibility of witnesses or weight of the evidence, is not error, so long as he leaves the jury free to decide for themselves. But where the tendency of the charge as a whole is to prejudice one side, and is not, in expression and tone, a fair, unbiased and judicial presentation of the case, the appellate court will reverse. The principles governing the review of a case by reason of alleged errors in the charge, are illustrated in the following notes : (a) Where there are no specific requests for instruction, failure of trial judge to charge in any particular manner is not error: Lilly v. Paschal, 2 S. & R. 394, 1816; Poorman v. Smith, 2 S. & R. 464, 1816; Kean v. McLaughlin, 2 S. & R. 469, 1816; Carothers v. Dunning, 3 S. & R. 373, 1817; Overfield v. Christie, 7. S. & R. 173, 1821; Barton v. Glasgo, 12 S. & R. 149, 1824; Rahn v. McElrath, 6 Watts 151, 1837; Snevely v. Jones, 9 Watts 433, 1840; Dennis v. Alexander, 3 Pa. 50, 1846; Crail v. Crail, 6 Pa. 480, 1847; Burns v. Sutherland, 7 Pa. 103, 1847; Lea v. Hopkins, 7 Pa. 492, 1848; Holliday v. Rheem, 18 Pa. 465, 1852; Deal v. Bogue, 20 Pa. 228, 1853; Thomas v. Thomas, 21 Pa. 315, 1853; Wertz v. May, 21 Pa. 274, 1853; Cattison v. Cattison, 22 Pa. 275, 1853; Huber v. Wilson, 23 Pa. 178, 1854; Raush v. Miller, 24 Pa. 277, 1855; Storch v. Carr, 28 Pa. 135, 1857; Weamer v. Juart, 29 Pa. 257, 1857; McGrew v. Lippincott, 6 P. L. J. 67, 1858; Reeves v. R. R., 30 Pa. 454, 1858 ; Newman v. Edwards, 34 Pa. 32, 1859 ; Dean v. Herrold, 37 Pa. 150, 1860; Caldwell v. Hollder, 40 Pa. 160, 1861; Mullen v. Wil- son, 44 Pa. 413, 1863; Gheen v. Heyburn, 1 Walk. 148, 1864; Stewart v. Alcorn, 2 W. N. C. 401, 1869; Torrance v. Torrance, 53 Pa. 505, 1866; Burkholder v. Stahl, 58 Pa. 371, 1868; Davis v. Bigler, 62 Pa. 242, 1869; Cooper v. Altimus, 62 Pa. 486, 1869; Pitts, etc., R. R. v. Com., 66 Pa. 73, 1870; Burlington, etc., Ferry Co. v. Steamboat Co., 2 W. N C. 453, 1873; Am. Life Ins. Co. v. Isett, 74 Pa. 176, 1873; Penn, etc., Ins. Co. v. Snyder, 3 W. N. C. 269, 1875; Dawson v. Robinson, 3 W. N. C. 449, 1876; Zell v. Com., 94 Pa. 258, 1880; Fox v. Fox, 96 Pa. 60, 1880 ; Menger v. Township, 1 Penny. 179, 1881 ; Sayre v. Schroeder, 2 Penny, 79, 1882; Ott v. Oyer, 106 Pa. 6, 1884; Lebanon Ins. Co. v. Losch, 109 Pa. 100, 1885; Phila. & Read. R. R. Co. v. Getz, 113 Pa. 214, 341 REVIEW ON APPEAL. 228 (19) (a) Charge Absence of Requests [Chap. 15, 1886; Thomas v. Loose, 114 Pa. 35, 1886; Mitchell v. Mitchell, 18 W. N. C. 439, 1886; Frothingham v. Powder Co., 8 Sad. 28, 1886; Payne v. Noon, 5 Sad. 274, 1887; Kurtz v. Haines, 2 Mona. 328, 1888; Schmidt v. McGill, 120 Pa. 405, 1888; Stuckslager v. Neel, 123, Pa. 53, 1888; Hower v. Taggart, 2 Mona. 582, 1889; Grantz v. Price, 130 Pa. 415, 1889; Readdy v. Shamokin, 137 Pa. 98, 1890; Com. v. Doughty, 139 Pa. 383, 1891; Serf ass v. Dreisbach, 141 Pa. 142, 1891; Wray v. Spence, 145 Pa. 399, 1892; Borham v. Davis, 146 Pa. 72, 1892; Brookville Boro. v. Arthurs, 152 Pa. 334, 1892; Com. v. Zappe, 153 Pa. 498, 1893; Com. v. Buceieri, 153 Pa. 535, 1893; Winther v. Railway, 139 Pa. 628, 1894; Brinser v. Longnecker, 169 Pa. 51, 1895; Patterson Hardware Co. v. Blaisdell, 169 Pa. 636, 1895; Lancaster Plate Co. v. Ins. Co., 170 Pa. 151, 1895; Com. v. Peach, 170 Pa. 173, 1895; Campbell v. Asso., 172 Pa. 561, 1895; Connor v. Traction Co., 173 Pa. 602, 1896; Curtain v. Gephart, 175 Pa. 417, 1896; Com. v. Boschino, 176 Pa. 103, 1896; Baker v. Hagey, 177 Pa. 128, 1896; Lauer v. Yetzer, 3 Pa. Super. 461, 1897; Light v. Railway Co., 4 Pa. Super. 427, 1897; Crawford v. Wit- tish, 4 Pa. Super. 585, 1897; Walton v. Caldwell, 5 Pa. Super. 143, 1897; O'Toole v. Publishing Co., 179 Pa. 271, 1897; Leary v. Traction Co., 180 Pa. 136, 1897; Earle v. Arbogast, 180 Pa. 409, 1897; Kehoe v. Traction Co., 187 Pa. 474, 1898 ; Taylor v. Sattler, 6 Pa. Super. 229, 1898; Moore v. Publishing Co., 8 Pa. Super. 152, 1898; Criland v. Stevens, 9 Pa. Super. 41, 1898; Dougherty v. Loebelenz, 9 Pa. Super. 344, 1899; Fry v. Flick, 10 Pa. Super. 362, 1899; Wetherill v. Erwin, 12 Pa. Super. 259, 1899 ; Com. v. Winkelman, 12 Pa. Super. 497, 1900 ; Mineral R. R. Co. v. Auten, 188 Pa. 568, 1899 ; Com. v. Keller, 191 Pa. 122, 1899; Com. v. Brubaker, 13 Pa. Super. 14, 1900; Machen v. Ry., 13 Pa. Super. 642, 1900; White v. Black, 14 Pa. Super. 459, 1900; Hamilton v. Railroad Co., 194 Pa. 1, 1899; Worden v. Connell, 196 Pa. 286, 1900; Prindle v. Kountz, 15 Pa. Super. 258, 1901; Zugsmith v. Rosenblatt, 15 Pa. Super. 296, 1901; Blank v. Barnhart, 17 Pa. Super. 214, 1901 ; Jones v. Matheis, 17 Pa. Super. 220, 1901 ; Hayden- ville Mining Co. v. Steffler, 17 Pa. Super. 609, 1901 ; Bailey v. Board of Pub. 200 Pa. 406, 1901 ; Lewin v. Pauli, 19 Pa. Super. 447, 1902 ; Com. v. Winkelman, 12 Pa. Super. 497, 1902; Edwards v. Gimbel, 202 Pa. 30, 1902; Brown v. Montgomery, 21 Pa. Super. 262, 1902; Mitchell v. Jodon, 22 Pa. Super. 304, 1903; O'Donnell v. Gaffney, 22 Pa. Super. 316, 1903 ; Karl v. Juniata Co., 206 Pa. 633, 1903 ; Stewart v. Company, 207 Pa. 220, 1903 ; Ephrata Water Co. v. Borough, 24 Pa. Super. 353, 342 REVIEW ON APPEAL. 228-3 1 ] Charge Absence of Requests 228 ( 19 ) ( a ) - ( i ) 1904; Kaufman v. Railroad, 210 Pa. 440, 1904 j Carpenter v. Lan- caster, 22 Lane. L. R. 33, 1905; English v. Murtland, 214 Pa. 325, 1906; Kalin v. Wehrle, 36 Pa. Super. 305, 1908; Weiss v. Swift, 36 Pa. Super. 376, 1908; Com. v. Wilkinbsurg, 37 Pa. Super. 160, 1908; Spring City Brick Co. v. Mfg. Co., 39 Pa. Super. 7, 1909 ; Com. v. Paci- to, 229 Pa. 328, 1911 ; Spencer v. Conrad, 44 Pa, Super. 489, 1911 ; see also note (20) (a), below; (b) especially where party complaining has not been prejudiced by the omission: Deal v. Bogue, 20 Pa. 228, 1853; Wood v. Figard, 28 Pa. 403, 1857; Cathcart v. Com., 37 Pa. 108, 1860; Heilbruner v. Wayte, 51 Pa. 259, 1865; Bentley v. Cranmer, 137 Pa. 244, 1890; (c) this rule has been applied even in capital cases: Brown v. Com., 76 Pa. 319, 1874; Com. v. Boschino, 176 Pa. 103, 1896; but see contra Meyers v. Com., 83 Pa. 131, 1876; (d) but it will not be applied where material questions are so inadequately presented as to be calculated to mislead jury: Taylor v. Sattler, 41 W. N. C. 146, 1897; McNeile v. Cridland, 6 Pa. Super. 428, 1898; Blank v. Barnhart, 17 Pa. Super. 214, 1901 ; Jones v. Matheis, 17 Pa. Super. 220, 1901 ; Hay- denville Mining Co. v. Steffler, 17 Pa. Super. 609, 1901; (e) or where trial judge overlooks principal question in case: Rothschilds v. Mc- Laughlin, 6 Pa. Super. 347, 1898; (f) the most that can be required of judge, in absence of particular requests for instructions, is that he state contention of parties as to facts established by testimony and its effect, and leave question to jury: Com. v. Winkelman, 12 Pa. Super. 497, 1900; see note (20) (a), below; (g) omission to refer to all the evidence is not error: Sample v. Robb, 16 Pa. 305, 1851; Light v. Railway Co., 4 Pa. Super. 427, 1897; (h) it is largely a mat- ter of discretion with him as to how far he will go into detail in dis- cussing evidence : Borham v. Davis, 146 Pa. 72, 1892 ; Fowler v. Smith, 153 Pa. 639, 1893; Ensminger v. Hess, 192 Pa. 432, 1899; Blank v. Barnhart, 17 Pa. Super. 214, 1901 ; Thrall v. Wilson, 17 Pa. Super. 376, 1901 ; Com. v. Wertheimer, 23 Pa. Super. 192, 1903 ; Com. v. Penrose, 27 Pa. Super. 101, 1904; (i) general rule is that where charge fails to give to jury a clear statement of the case and law applicable thereto, it is ground for reversal: Tietz v. Traction Co., 169 Pa. 516, 1895; Richards v. Willard, 176 Pa. 181, 1896; Hudson v. Watson, 2 Pa. Super. 422, 1896; Earle v. Arbogast, 180 Pa. 409, 1897; McCord v. Whitaker, 8 Pa. Super. 277, 1898; Stuart v. Line, 11 Pa. Super. 345, 1899; Ensminger v. Hess, 192 Pa. 432, 1900; Clark v. Traction Co., 210 Pa. 636, 1905; Moudy Mfg. Co. v. R. R., 212 Pa. 156, 1905; see 343 REVIEW ON APPEAL. 228 (19) (j)-(20) (a) Charge Absence of Requests [Chap. 15, also cases under (d) this note, and note (20) (b) ; (j) for example, a charge is inadequate which does not inform jury in negligence case that question of defendant's negligence is for their consideration and does not instruct them, as to what would constitute negligence in the case before them: Kelchner v. Borough, 209 Pa. 412, 1904; (k) or which fails to explain meaning of negligence or contributory negli- gence in view of testimony: New York, etc., R. R. v. Enches, 127 Pa. 316, 1889; Kelchner v. Boro., 209 Pa. 412, 1904; (1) or to charge as to defendant's duty in negligence case: Cooley v. Traction Co., 189 Pa. 563, 1899; Hays v. R, R., 195 Pa. 184, 1900; Kelchner v. Boro., 209 Pa. 412, 1904; (m) or which fails to give jury proper instruc- tions as to measure of damages: Gilmore v. Hunt, 66 Pa. 321, 1870; Himes v. Kiehl, 154 Pa. 190, 1893; Elk Co. v. Brennan, 203 Pa. 232, 1902; (n) or to instruct them as to nature and effect of legal fraud, where case involves question of fraud on creditors : Cadbury v. Nolen, 5 Pa. 320, 1847; (o) or as to relative weight and effect of positive and negative testimony: Hess v. R. R., 181 Pa. 492, 1897; (p) or which fails in proper cases to call attention to evidence tending to discredit witness: Herstine v. R. R., 151 Pa. 244, 1892; Herbert v. Rainey, 162 Pa. 525, 1894; Clark v. Traction Co., 210 Pa. 636, 1895; Davies v. Transit Co., 228 Pa. 176, 1910 ; Cohen v. Transit Co., 228 Pa. 243, 1910; (q) though this is not necessary in all cases: Alexander v. Buckwalter, 17 Pa. Super. 128, 1901; (r) appellate court will not sus- tain assignment that court did not present one side of case as fully as he did the other, where counsel failed to call attention of court to omission : 'Donnell v. Gaffney, 22 Pa. Super. 316, 1903 ; see also note (20), below. (20) Prejudicial, Misleading or Mistaken Charge Considering Charge as a Whole, (a) Where no particular instructions are re- quested, a charge which is neither misleading nor unfair as a whole will not be reversed because it contains some misleading statements, or because there are some statements of unimportant facts which, standing alone, are erroneous or unsupported by the testimony. The appellate court will review only the general effect of charge, and not disconnected sentences or paragraphs: Carothers v. Dunning, 3 S. & R. 373, 1817; Reeves v. R. R., 30 Pa. 454, 1858; Watts v. Cum- mins, 59 Pa. 84, 1868; Hall v. Dunham, 1 W. N. C. 487, 1875; Blair Coal Co. v. Lloyd, 3 W. N. C. 103, 1875; Carman v. Navigation Co., 2 W. N. C. 720, 1876; Penn Mutual Ins. Co. v. Snyder, 3 W. N. C. 344 REVIEW ON APPEAL. 228-31] Charge as Whole 228 (20) (a) 269, 1876; Schuylkill, etc., Coal Co. v. French, 81* Pa. 366, 1876; Green v. Com., 83 Pa. 75, 1876; Walsh v. Porterneld, 87 Pa. 376, 1878; Spencer v. Colt, 89 Pa. 314, 1879; Reese v. Reese, 90 Pa. 89, 1879; Horton v. Hall, 1 Penny. 159, 1881; Erie R. R. v. Johnson, 101 Pa. 555, 1882; Alexander v. Com., 105 Pa. 1, 1884; Shovlin v. Com., 106 Pa. 369, 1884; Smith v. Meldren, 107 Pa. 348, 1884; Yardley v. Cuth- bertson, 108 Pa. 395, 1885; Nassauer v. Ins. Co., 109 Pa. 507, 1885; Lehigh Valley R. R. Co. v. Brandtmaier, 113 Pa. 610, 1886; Heffley v. Poorbaugh, 7 Sad. 49, 1887; Bedell v. Errett, 8 Sad. 418, 1887; Entwisle v. Carey, 22 W. N. C. 127, 1888; Wood v. Malone, 131 Pa. 554, 1890; Lewis v. Rattigan, 138 Pa. 308, 1890; Knapp v. Griffin, 140 Pa. 604, 1891; Rogers v. Davidson, 142 Pa. 436, 1891; Com. v. Mc- Manus, 143 Pa. 64, 1891; Jaffray v. Frothingham, 148 Pa. 213, 1892; Irvin v. Kutruff, 152 Pa. 609, 1893; Houston v. Cook, 153 Pa. 43, 1893; Com. v. Zappe, 153 Pa. 498, 1893 ; Com. v. Buccieri, 153 Pa. 535, 1893 ; Owens v. Railway, 155 Pa. 334, 1893; Evans v. Evans, 155 Pa. 572, 1893; Half man v. Ins. Co., 160 Pa. 202, 1894; Com. v. Mika, 171 Pa. 273, 1895 ; Com. v. Bowman, 171 Pa. 448, 1895 ; Kyle v. Power Co., 174 Pa. 570, 1896; Com. v. Goldberg, 4 Pa. Super. 142, 1897; Snyder v. Loy, 4 Pa. Super. 201, 1897; Hudson v. Watson, 5 Pa. Super. 456, 1897; Omensetter v. Kemper, 6 Pa. Super. 309, 1897; Bascom v. Mfg. Co., 182 Pa. 427, 1897; Sheaffer v. Sensenig, 182 Pa. 634, 1897; Mc- Neile v. Cridland, 6 Pa. Super. 428, 1898; Heyer v. Piano Co., 6 Pa. Super. 504, 1898; Studebaker v. Gas Co., 7 Pa. Super. 641, 1898; Taylor v. Burrel, 7 Pa. Super. 461, 1898; McCord v. Whitaker, 8 Pa. Super. 277, 1898; Ginder v. Bachman, 8 Pa. Super. 405, 1898; Davis v. Galbraith, 184 Pa. 442, 1898; Com. v. Kaiser, 184 Pa. 493, 1898; Turton v. Electric Co., 185 Pa. 406, 1898; Whitaker v. Campbell, 187 Pa. 113, 1898 ; Susquehanna Ins. Co. v. Clinger, 10 Pa. Super. 92, 1899 ; Craig v. Shippensburg, 11 Pa. Super. 490, 1899; Com. v. Winkelman, 12 Pa. Super. 497, 1900; Card v. Township, 191 Pa. 254, 1899; Ens- minger v. Hess, 192 Pa. 432, 1899; Beard v. Heck, 13 Pa. Super. 390, 1900 ; Winans v. Bunnell, 13 Pa. Super. 445, 1900 ; Ferrell v. Reed, 14 Pa. Super. 27, 1900; White v. Black, 14 Pa. Super. 459, 1900; Com. v. Morrison, 193 Pa. 613, 1900; Hamilton v. R. R., 194 Pa. 1, 1900; Brin- ton v. Walker, 15 Pa. Super. 449, 1901 ; Claflin v. Querns, 15 Pa. Super. 464, 1901 ; Blank v. Barnhart, 17 Pa. Super. 214, 1901 ; Thrall v. Wil- son, 17 Pa. Super. 376, 1901; Haydenville Mining Co. v. Steffler, 17 Pa. Super. 609. 1901 ; Fricker v. Bridge Co., 197 Pa. 442, 1901 ; Com. v. 345 REVIEW ON APPEAL. 228 (20) (a)- (c) Charge as Whole [Chap. 15, Bubnis, 197 Pa. 542, 1901; Gilchrist v. Hartley, 198 Pa. 132, 1901; Brown v. Montgomery, 21 Pa. Super. 262, 1902; Keep v. Wagner, 21 Pa. Super. 268, 1902; Fitzpatrick v. Traction Co., 206 Pa. 335, 1903; Karl v. Juniata County, 206 Pa. 633, 1903; Fitzgerald v. Edison Co., 207 Pa. 118, 1903; Abington Dairy Co. v. Reynolds, 24 Pa. Super. 632, 1904; McCosh v. Myers, 25 Pa. Super. 61, 1904; Rider-Ericsson Co. v. Fredericks, 25 Pa. Super. 72, 1904; Oehmler v. Ry Co., 25 Pa. Super. 617, 1904; Cox v. Wilson, 25 Pa. Super. 635, 1904; Com. v. Pen- rose, 27 Pa. Super. 101, 1904; Com. v. Razmus, 210 Pa. 609, 1905; Com. v. D'Angelo, 29 Pa. Super. 378, 1905; Stremme v. Dyer, 223 Pa. 7, 1909; see also note (19) (a), above; (b) but where there is a tendency to mislead in general tone of whole charge, appellate court will re- verse though no particular portion is clearly erroneous: Phila. & Read. R. R. v. Spearen, 47 Pa. 300, 1864; Wenger v. Barnhart, 55 Pa. 300, 1867; Gregg Twp. v. Jamison, 55 Pa. 468, 1867; Bisbing v. Bank, 93 Pa. 79, 1880; Penna. Canal v. Harris, 101 Pa. 80, 1882; Lehigh Valley R. R. v. Brandtmaier, 113 Pa. 610, 1886; Pierson v. Duncan, 162 Pa. 187, 1894; Larzelere v. Tiel, 3 Pa. Super. 109, 1896; Ginder v. Bachman, 8 Pa. Super. 405, 1898; Gallagher v. Steam Co., 188 Pa. 95, 1898; Reel v. Martin, 12 Pa. Super. 340, 1899; Stuart v. Line, 11 Pa. Super. 345, 1899 ; Com. v. Winkelman, 12 Pa. Super. 497, 1899; White v. Black, 14 Pa. Super. 459, 1900; Blank v. Barnhart, 17 Pa. Super. 214, 1901; Thrall v. Wilson, 17 Pa. Super. 376, 1901; Haydenville Mining Co. v. Sterner, 17 Pa. Super. 609, 1901; Renn v. Tallman, 25 Pa. Super. 503, 1904; (c) a charge is misleading which directly or indirectly withdraws attention of jury from material issues or matters necessarily entering into decision of cause: Long v. Ram- say, 1 S. & R. 72, 1814; Work v. McClay, 2 S. & R. 415, 1816; Deal v. McCormick, 3 S. & R. 343, 1817; Hershey v. Hershey, 8 S. & R. 333, 1822; Harrisburg Bank v. Forster, 8 Watts, 304, 1839; Nieman v. Ward, 1 Watts & Sergeant, 68, 1841; Parker v. Donaldson, 6 Watts & Sergeant 132, 1843; Bovard v. Christy, 14 Pa. 267, 1850; Huston v. Barstow, 19 Pa. 169, 1852; Garrett v. Gonter, 42 Pa. 143, 1862 ; Connelly v. Walker, 45 Pa. 449, 1863 ; Gregg Twp. v. Jamison, 55 Pa. 468, 1867; Hart v. Girard, 56 Pa. 23, 1867; Ott v. Oyer, 106 Pa. 6, 1844; Shaver v. McCarthy, 110 Pa. 339, 1885; Gary v. Woodward, 127 Pa. 251, 1889; Kelly v. Eby, 141 Pa. 176, 1891; Reber v. Schitler, 141 Pa. 640, 1891; Fulliman v. Rose, 160 Pa. 47, 1894; Winters v. Mowrer, 163 Pa. 239, 1894; Gallagher v. Steam Co., 188 Pa. 95, 1899; 346 REVIEW ON APPEAL. 228-31] Charge as Whole 228 (20) (c)-(g) Renn v. Tallman, 25 Pa. Super. 503, 1904; Com. v. Was- son, 42 Pa. Super. 38; (d) stating material facts unauthor- ized by evidence is cause for reversal: Stroh v. Hess, 1. W. & S. 147, 1841 ; Nieman v. Ward, 1 W. & S. 68, 1841 ; Seigle v. Louder- baugh, 5 Pa. 490, 1847; Keeler v. Vantuyle, 6 Pa. 250, 1847; O'Hara v. Richardson, 46 Pa. 385, 1864; Musselman v. R. R., 2 W. N. C. 105, 1875; Burke v. Maxwell, 81 Pa. 139, 1876; Montz v. Morris, 89 Pa. 392, 1879; Fawcett v. Fawcett, 95 Pa. 376, 1880; Collins v. Leafy, 23 W. N. C. 264, 1889; Phila., W. & Bait. R. R. v. Alvord, 128 Pa. 42, 1889 ; Huckestein v. Kelly, 139 Pa. 201, 1891 ; Kelly v. Eby, 141 Pa. 176, 1891; Steinbrunner v. R. R., 146 Pa. 504, 1892; Com. v. Swayne, 1 Pa. Super. 547, 1896; Galbraith v. Phila. Co., 2 Pa. Super. 359, 1896; Gavigan v. Refining Co., 3 Pa. Super. 628, 1898; Taylor v. Fuller, 5 Pa. Super. 193, 1897; Dreibilbis v. Ebenshade, 6 Pa. Super. 182, 1897; Edwards v. Gimbel, 187 Pa. 78, 1898; Reel v. Martin. 12 Pa. Super. 340, 1899; Cooley v. Traction Co., 189 Pa. 563, 1899; Paul v. Kunz, 195 Pa. 207, 1900; Com. v. Light, 195 Pa. 220, 1900; (e) so also an instruction which assumes truth of disputed facts: Hershey v. Her- shey, 8 S. & R. 333, 1822; Armstrong v. Hussey, 12 S. & R. 315, 1825; Sellers v. Jones, 22 Pa. 423, 1853; Central R. R. v. Green, 2 W. N. C. 590, 1876; Allegheny R. R. v. Steele, 11 W. N. C. 113, 1881; Egbert v. Payne, 99 Pa. 239, 1881; Norton v. Lehn, 13 W. N. C. 339, 1883; Galland v. Schroeder, 21 W. N. C. 103, 1888; Forker v. Boro., 130 Pa. 123, 1889; Blanson v. Kitchenman, 148 Pa. 541, 1892; Hasson v. Klee, 168 Pa. 510, 1895; Cole v. High, 173 Pa. 590, 1896; Dreibilbis v. Ebenshade, 6 Pa. Super. 182, 1897; Stuart v. Line, 11 Pa. Super. 345, 1899 ; McCabe v. Phila., 12 Pa. Super. 383, 1899 ; Hayes v. R. R., 195 Pa. 184, 1900; Coyle v. R. R., 18 Pa. Super. 235, 1901; Whiting Mfg. Co. v. Bank, 15 Pa. Super. 419, 1901; Com. v. Cooper, 27 Pa. Super. 8, 1904; (f) and where influence of misstatements cannot be determined, court will reverse even though error was not in regard to main issue of case : Steinbrunner v. R. R., 146 Pa. 504, 1892 ; Reel v. Martin, 12 Pa. Super. 340, 1900; (g) an indefinite, confusing or con- tradictory charge will be reversed : Gardinier v. Marcy, 5 Watts 337, 1836 ; Monongahela Bridge Co. v. Kirk, 46 Pa. 112, 1863 ; Bartdorff v. Bank, 61 Pa. 179, 1869; Phila. etc. R. R. v. Adams, 89 Pa. 31, 1879; Lee v. Newell, 107 Pa. 283, 1884; Keil v. Gas Co., 131 Pa. 466, 1890; Gearing v. Lacher, 146 Pa. 397, 1892; Wolf v. Wolf, 158 Pa. 621, 1893; Hendrick v. Hutchinson, 165 Pa. 208, 1894; Pister v. Asso., 3 Pa. 347 REVIEW ON APPEAL. 228 (20) (g)-(i) Charge as Whole [Chap. 15, Super. 50, 1896; Larzelere v. Tiel, 3 Pa. Super. 109, 1896; Baker v. Hagey, 177 Pa. 128, 1896; Harding v. Lloyd, 3 Pa. Super. 293, 1897; Shrader v. Glass Co., 179 Pa. 623, 1897; Edwards v. Gimbel, 187 Pa, 78, 1898; Stuart v. Line, 11 Pa. Super. 345, 1899; Ensminger v. Hess, 192 Pa. 432, 1901; Elk Co. v. Brennan, 203 Pa. 232, 1902; Rondinella v. Ins. Co., 24 Pa. Super. 293, 1904; (h) it is reversible error for court to misstate or misapply legal principles, or in any manner to convey to jury a wrong impression of a legal right or duty : Phoenix Ins. Co. v. Pratt, 2 Binn. 308, 1810; Swartz v. Moore, 5 S. & B. 257, 1819; Kis- singer v. Thompson, 12 S. & R. 44, 1824; Baker v. Lewis, 4 Rawle 356, 1834; Simpson v. McBeth, 4 Watts 409, 1835; Heister v. Laird, 1 W. & S. 245, 1841; Gilchrist v. Rogers, 6 W. & S. 488, 1843; Greber v. Kleckner, 2 Pa. 289, 1845; Keeler v. Vantuyle, 6 Pa. 250, 1847; Hol- liday v. Rheem, 18 Pa. 465, 1852; Reeves v. Railroad Co., 30 Pa. 454, 1858; Delaware & Hudson Canal Co. v. Torrey, 33 Pa. 143, 1859; Tobin v. Gregg, 34 Pa. 446, 1859; Pearsoll v. Chapin, 44 Pa. 9, 1862; Con- nelly v. Walker, 45 Pa. 449, 1863; Phila. & Read. R. R. Co. v. Spearen, 47 Pa. 300, 1864; Wenger v. Barnhart, 55 Pa. 300, 1847; Gilmore v. Hunt, 66 Pa. 321, 1870; Penna. R. R. Co. v. Berry, 68 Pa. 272, 1871; Murray v. Com., 79 Pa. 311, 1875; Hulherrin v. Railroad Co., 81 Pa. 366, 1876; Meyers v. Com., 83 Pa. 131, 1876; King v. Thompson, 87 Pa. 365, 1878; Penna R. R. Co. v. Bock, 93 Pa. 427, 1880; Oram v. Rothermel, 98 Pa. 300, 1881; Rice v. Com., 100 Pa. 28, 1882; Ott v. Oyer, 106 Pa. 6, 1884; Lee v. Newell, 107 Pa. 283, 1884; Shaver v. Mc- Carthy, 110 Pa. 339, 1885; Smith v. Walter, 125 Pa. 453, 1889; Rich- ards v. Gas Co., 130 Pa. 37, 1889; Buck v. Railroad Co., 150 Pa. 170, 1892; Mahaffey v. Byers, 151 Pa. 92, 1892; Hower v. Ulrich, 156 Pa. 410, 1893; Toole v. Railroad Co., 158 Pa. 99, 1893; Athens Boro. v. Car- mer, 169 Pa. 426, 1895; Hudson v. Watson, 2 Pa. Super. 422, 1896; Gibberson v. Mills Co., 174 Pa. 369, 1896; Braunschweiger v. Waits, 179 Pa. 47, 1897; Taylor v. Paul, 6 Pa. Super. 496, 1898; Miller v. Mil- ler, 187 Pa. 572, 1898; Com. v. Sayars, 21 Pa. Super. 75, 1902; Elk Co. v. Brennan, 203 Pa. 232, 1902 ; Jensen v. Ry. Co., 24 Pa. Super. 4, 1903; Rondinella v. Ins. Co., 24 Pa. Super. 293, 1904; Com. v. Pearl, 29 Pa. Super. 307, 1905; but see (m), below; (i) but appellate court will not reverse for error which verdict has rendered immaterial: High v. Berrett, 148 Pa. 261, 1892; Lautner v. Kann, 184 Pa. 334, 1898; Com. v. Coble, 9 Pa, Super. 215, 1899; Com. v. Stillwagon, 13 Pa. Super. 547, 1900; Brown v. Montgomery, 21 Pa. Super. 262, 1902; Com. v. 348 REVIEW ON APPEAL. 228-31] Charge as Whole 228 (20) (i)-(n) Haun, 27 Pa. Super. 33, 1904; Adams v. Trac. Co., 41 Pa. Super. 403. 1910; Jackson v. R. R., 228 Pa. 366, 1910; see notes (22) (d2) and (25) (1), this section; (j) mistaken or inaccurate statements of law or fact are not cause for reversal where it is apparent that party com- plaining has not been injured thereby: Malson v. Fry, 1 Watts 433, 1833; McDowell v. Oyer, 21 Pa. 417, 1853; Pearce v. Langfit, 101 Pa. 507, 1882; McCahan v. Wharton, 121 Pa. 424, 1888; Seltzer v. Brund- age, 2 Mona. 426, 1888; Collins v. Leafey, 124 Pa. 203, 1889; Sergeant v. Martin, 133 Pa. 122, 1890; Lewis v. Rattigan, 138 Pa. 308, 1891; Jaffray v. Frothingham, 148 Pa. 213, 1892; Sommer v. Gilmore, 168 Pa. 117, 1895; Com. v. Bowman, 171 Pa. 448, 1895; Pittsburg Safe Dep. Co. v. Motheral, 8 Pa. Super. 433, 1898; Wetherill v. Erwin, 12 Pa. Super. 259, 1899; Ferrell v. Reed, 14 Pa. Super. 27, 1900; Claflin v. Querns, 15 Pa. Super. 464, 1900; Com. v. Bubius, 197 Pa. 542, 1901; Provident Trust Co. v. Phila., 202 Pa. 78, 1902; Com. v. Washington, 202 Pa. 148, 1902 ; Abington Dairy Co. v. Reynolds, 24 Pa. Super. 632, 1904; Cox v. Wilson, 25 Pa. Super. 635, 1904; Evans v. Bourse, 215 Pa. 652, 1906; Com. v. Fencez, 226 Pa. 114, 1910; see also (a) and (m), this note; (k) or where error is corrected before jury retires: Pearce v. Langfit, 101 Pa. 507, 1882 ; Sergeant v. Martin, 133 Pa. 122, 1890; Mifflin Bridge Co. v. County, 144 Pa. 365, 1892; Krepp v. Car- lisle, 157 Pa. 358, 1893; Sommer v. Gilmore, 168 Pa. 117, 1895; Com. v. Hazlett, 16 Pa. Super. 534, 1901; O'Donnell v. Gaffney, 22 Pa. Super. 316, 1903; Com. v. Razmus, 210 Pa. 609, 1905; see also (r), this note; (1) and proper remedy for refusal to correct such statements is mo- tion for new trial: Graham v. Graham, 1 S. & R. 330, 1815; Henwood v. Cheeseman, 3 S. & R. 500, 1817; Dennis v. Alexander, 3 Pa. 50, 1846; Hamet v. Dundass, 4 Pa. 178, 1846; (m) an erroneous statement of law in charge is harmless where it could have no effect on verdict: Chambers v. Bedell, 2 W. & S. 225, 1841 ; Brewster v. Sterrett, 32 Pa, 115, 1858; Chase v. Hubbard, 99 Pa. 226, 1881; Bedell v. Errett, 8 Sad. 418, 1887; Malone v. R. R., 157 Pa. 430, 1893; Boyle v. Hazleton, 8 Kulp 239, 1896; Lautner v. Kann, 184 Pa. 334, 1898; Ferrell v. Reed, 14 Pa. Super. 27, 1900; Brown v. Montgomery, 21 Pa. Super. 262, 1902; Swing v. Walker, 27 Pa. Super. 366, 1904; Sperry v. Seidel, 218 Pa. 16, 1907; see also (j), above; (n) and misstatement in one part of charge may be cured by a clear exposition of the point in subse- quent part : Linn v. Naglee, 4 Whar. 92, 1839 ; Whitaker v. Campbell, 187 Pa. 113, 1898; Owens v. Lancaster, 193 Pa. 436, 1899; Stroud v. 349 REVIEW ON APPEAL. 228 (20) (n)-(u) Charge as Whole [Chap. 15, Smith, 194 Pa. 502, 1900; Bailey v. Board of Publication, 200 Pa. 406, 1901; Fitzpatrick v. Traction Co., 206 Pa. 335, 1903; Thomas v. But- ler, 24 Pa. Super. 305, 1904; Bracken v. R. R., 222 Pa. 410, 1909; (o) unless tendency of the two statements is to mislead : Baker v. Hagey, 177 Pa. 128, 1896; Mitchell v. Schreiner, 43 Pa. Super. 633, 639, 1910; (p) if court clearly and emphatically withdraws erroneous statements, the error will be cured: Williams v. Com., 29 Pa. 102, 1855; Keil v. Gas Co., 131 Pa. 466, 1890; Sergeant v. Martin, 133 Pa. 122, 1890; (q) an inadequate statement may be cured by sub- sequent answer to point which covers the ground: Claflin v. Swoyer, 5 Kulp 107, 1888; Thomas v. Butler, 24 Pa. Super. 305, 1904; see (n), above; (r) if court makes a mistake, counsel should call his attention to it immediately after charge and before jury retires: Eckman v. Eckman, 68 Pa. 460, 1871; Yerkes v. Wilson, 81* Pa. 9, 1870; Com. v. Zappe, 153 Pa. 498, 1893; Krepps v. Carlisle, 157 Pa. 358, 1893; Taylor v. Burrell, 7 Pa. Super. 461, 1898; Mann v. Cowan, 8 Pa. Super. 30, 1898; Crawford v. Pyle, 190 Pa. 263, 1899; Com. v. Kay, 14 Pa. Super. 376, 1900; Claflin v. Querns, 15 Pa. Super. 464, 1900; Provident Tr. Co. v. Phila., 202 Pa. 78, 1902; O'Donnell v. Gaffney, 22 Pa. Super. 316, 1903 ; Kuntz v. R. R., 206 Pa. 162, 1903 ; Stewart v. Gas Coal Co., 207 Pa. 220, 1903; MeCosh v. Myers, 25 Pa. Super. 61, 1904; Oehmler v. Ry., 25 Pa. Super. 617, 1904; Com. v. Razmus, 210 Pa. 609, 1905; Medis v. Bentley, 216 Pa. 324, 1907; Johnson v. Ins. Co., 218 Pa. 421, 1907; Penna. R. R. v. R. R., 219 Pa. 361, 1908; Biehl v. Assurance Co., 38 Pa. Super. 110, 1909; Chestnut Hill Tpk. v. County, 228 Pa. 1, 1910; Brown v. Ry., 43 Pa. Super. 61, 1910 ; Com. v. Wasson, 42 Pa. Super. 39, 1910; McMeekin v. Ry., 229 Pa. 572, 1911; see also (k), above; (s) appellate court will not reverse because of misstatement which was in favor of party complaining: Mcllvaine v. Mcllvaine, 6 S. & R. 559, 1819; Collins v. Rush, 7 S. & R. 147, 1821; Brown v. Caldwell, 10 S. & R. 114, 1823; Deal v. Bogue, 20 Pa. 228, 1853; Lillie v. Car Co., 209 Pa. 161, 1904; (t) nor for charge which was substantially as requested: Benson v. Maxwell, 105 Pa. 274, 1884; Stroud v. Smith, 194 Pa. 502, 1900; (u) nor will correct charge be reversed merely because reason given for instructions is erroneous: Gast v. Porter, 13 Pa. 533, 1850; Porter v. Seiler, 23 Pa. 424, 1854; Rupp v. Orr, 31 Pa. 517, 1858; Oak- land Ry. v. Fielding, 48 Pa. 320, 1865 ; Myers v. Coal Co., 126 Pa. 582, 1889 ; Busch v. Calhoun, 14 Pa. Super. 578, 1900 ; Central Trust Co. v. White, 206 Pa. 611, 1903; Welliver v. Canal Co., 23 Pa. Super. 79, 350 REVIEW ON APPEAL. 228-31] Charge as Whole 223 (20) (v)-(h2) 1903; see also note (2) (h), above; (v) or because of elaborate and wordy reasons, if they did not confuse jury: Thrall v. Wilson, 17 Pa. Super. 376, 1901 ; (w) court will not reverse for erroneous construction of written instrument by trial court where appellant was not preju- diced by such construction: Franciscus v. Reigart, 4 Watts 98; 477, 1835; Monongahela Ins. Co. v. Chester, 43 Pa. 491, 1862; (x) nor for error in matters not pertinent to the issue; Numan v. Kupp, 5 Binn. 73, 1812; Linn v. Naglee, 4 Whar. 92, 1838; Strawbridge v. Cartledge, 7 W. & S. 394, 1844; Girard Ins. Co. v. Stephenson, 37 Pa. 293, 1860; McMarlan v. English, 74 Pa. 296, 1873; Grambs v. Lynch, 4 Penny. 243, 1884; Lewis v. Water Co., 176 Pa. 237, 1896; Humphrey v. Cooper, 183 Pa. 432, 1898; Penna. R. R. v. R. R., 219 Pa. 361, 1908; Chestnut Hill Tpk. v. County, 228 Pa. 1, 1910 ; Com. v. Lee, 226 Pa. 283, 1910 ; (y) nor for portion of charge delivered in foreign language, which was in no probability understood by jury: Wenger v. Barnhart, 55 Pa. 300, 1867; (z) nor for mistake in, or omission to give, instructions on mat- ters of minor importance: Peterson Co. v. Blaisdell, 169 Pa. 636, 1895; (a2) error in directing amount of judgment may be cured by subsequent computation and remittitur of excess: Moyer v. Fretz, 1 Mona. 289, 1889; Jones v. Hughes, 16 Atl. 849, 1889; Taylor v. Fuller, 5 Pa. Super. 193, 1897; (b2) it is not error to assume facts merely by way of illustration of legal questions: Long v. Milford, 137 Pa. 122, 1890; Platz v. Township, 178 Pa. 601, 1897; (c2) it is error for trial judge in the absence of parties or counsel to send written instruc- tions to jury after they have retired: Earon v. Mackey, 106 Pa. 452, 1884; Com. v. House, 6 Pa. Super. 92, 1897; Somer v. Huber, 183 Pa. 162, 1897; but see contra, Cunningham v. Patton, 6 Pa. 355, 1847; (d2) jury may be recalled for instructions inadvertently omitted: Cox v. Highley, 100 Pa. 249, 1882 (e2) and may be instructed to make special finding of certain facts in addition to general verdict: Chambers v. Davis, 3 Whar. 40, 1837; Patterson v. Kountz, 63 Pa. 246, 1869; (f2) it is bad practice for trial judge to read plaintiff's statement to jury: Reese v. Hershey, 163 Pa. 253, 1894 (g2) but ap- pellate court will not reverse where such reading did no harm : Reel v. Martin, 12 Pa. Super. 340, 1899; Philadelphia v. Neill Trust Co., 211 Pa. 253, 1905; (h2) it is not reversible error to state amount of claim where jury are not told that was amount to which plaintiff was entitled and verdict is reasonable: Williams v. Meadville, 31 Pa. Su- per. 580, 1906; Breinisholtz v. R. R., 229 Pa. 88, 1910; see note (29) 351 REVIEW ON APPEAL. 228 (20) (i2)-(y2) Charge as Whole [Chap. 15, (k), (1), below; (12) or to read authorities in support of his statements of law: Henry v. Klopper, 147 Pa. 178, 1892; Huffman v. Mcllvaine, 13 Pa. Super. 108, 1900; Thomas v. Butler, 24 Pa. Super. 305, 1904; (j2) though it is not good practice: Huffman v. Mcllvaine, 13 Pa. Super. 108, 1900 ; (k2) and opinion of Supreme Court on former trial of case should not be read: Good v. Mylin, 13 Pa. 538, 1850; Ege v. Medlar, 82 Pa. 86, 1876; compare Noble v. McClintock, 6 W. & S. 58, 1843; (12) nor should result of former proceedings in case be stated to jury: Ridgely v. Spenser, 2 Bin. 70, 1809; Shaeffer v. Kreitzer, 6 Bin. 430, 1813; Hyslop v. Crozier, 1 Miles 267, 1836; Tryon v. Miller, 1 Whar. 11, 1835; Delaware Canal Co. v. Barnes, 31 Pa. 193, 1858; Erie R. R. v. Smith, 125 Pa. 259, 1889; Fisher v. Penna. Co., 34 Pa. Super. 500, 1907; (m2) where court, at request of counsel, expresses opinion on law and facts, appellate court will not reverse for error therein: Rouvert v. Patton, 12 S. & R. 253, 1824; (n2) it is not error for court to refer to principles of law not strictly applicable though it is not good prac- tice: Axtell v. Caldwell, 24 Pa. 88, 1854; (o2) or charge on general principles, leaving to jury their application to facts of case: Cassell v. Cooke, 8 S. & R. 268, 1822; Maus v. Montgomery, 15 S. & R. 221, 1826; Com. v. Loesch, 153 Pa. 502, 1893; (p2) or point out principles on which law is based: Cote v. Schoen, 1 Pa. Super. 583, 1896; (q2) or state legal effect of facts proved : Johnston v. Gray, 16 S. & R. 361, 1827; (r2) or comment unfavorably, in general terms, on contracts like that in case: McFeaters v. Pattison, 188 Pa. 270, 1898; (s2) it is reversible error to instruct jury that they may compromise their verdict: Boden v. Irwin, 92 Pa. 345, 1879; (t2) or that they were bound to agree, or they would be kept in jury room for weeks : Miller v. Miller, 187 Pa. 572, 1898; (u2) in criminal case it is error to ex- plain to jury result of verdict of guilty : Com. v. Switzer, 134 Pa. 383, 1890; (v2) but it is proper to instruct them not to be frightened from their duty by any fear of what the punishment may be : Coyle v. Com., 100 Pa. 573, 1882; (w2) in absence of express request, it is not error for court to neglect to define or illustrate legal terms : Cooper v. Alti- mus, 62 Pa. 486, 1869 : Karl v. Juniata County, 206 Pa. 633, 1903 ; (x2) it is error for court to call jury's attention to hysterical outbreak of plaintiff in action for assault when off the witness stand, and state that her excitable temperament might have been cause of trouble with de- fendant: Cridland v. Crow, 221 Pa. 618, 1908; (y2) it is error in crim- inal case to charge that jury are judges of fact and law and that they 352 REVIEW ON APPEAL. 228-31] Charge Comments on Evidence 228 (20) (y2)-(21) (a) might disregard anything court may say as to law of case: Com. v. Goldberg, 4 Pa. Super. 142, 1897; (z2) it is error to say to jury that they should impute no crime to agent of carrier on mere inference if they could avoid it, there being no evidence of wrongdoing by agent: Franklin Trust Co. v. R. R., 222 Pa. 96, 1908. (21) Comments on Evidence, (a) It is not only proper, but in some cases it is the duty, of trial judge to comment on testimony, and so long as he fairly leaves it to the jury to decide for themselves dis- puted questions of fact, he may express his opinion on witnesses, parties, evidence or weight of evidence : Long v. Ramsey, 1 S. & R. 72, 1814; Williams v. Carr, 1 Rawle, 420, 1829; Delaney v. Robinson, 2 Whar. 503, 1837; Burr v. Sim, 4 Whar. 150, 1838; Shoneman v. Fegley, 14 Pa. 376, 1850; Sample v. Robb, 16 Pa. 305, 1851; Repsher v. Wat- son, 17 Pa. 365, 1851; Porter v. Seiler, 23 Pa. 424, 1854; Graham v. Smith, 25 Pa. 323, 1855; Crum v. Burke, 25 Pa. 377, 1855; Cathcart v. Com., 37 Pa. 108, 1860; Thompson v. Franks, 37 Pa. 327, 1860; Dit- mars v. Com., 47 Pa. 335, 1864; Ralston v. Groff, 55 Pa. 276, 1867; Bitner v. Bitner, 65 Pa. 347, 1870; Eckman v. Eckman, 68 Pa. 460, 1871; Johnston v. Com., 85 Pa. 54, 1877; Leibig v. Steiner, 94 Pa. 466, 1880; Bonner v. Herrick, 99 Pa. 220, 1881; Shovlin v. Com., 106 Pa. 369, 1884; McLain v. Com., 110 Pa. 263, 1885; McMeen v. Com., 114 Pa. 300, 1886; Potteiger v. Potteiger, 5 Sad. 398, 1887; McClintock v. R. R., 21 W. N. C. 133, 1888; Supplee v. Timothy, 124 Pa. 375, 1889; Dimmick v. Sexton, 125 Pa. 334, 1889; Schuylkill, etc., Ry. Co. v. Stocker, 128 Pa. 233, 1889; Newhard v. Yundt, 132 Pa. 324, 1890; McLenahan v. Andrews, 135 Pa. 383, 1890; Com. v. Orr, 138 Pa. 276, 1890 ; Didier v. Penna. Co., 146 Pa. 582, 1891 ; Phila. v. Cemetery Co., 147 Pa. 170, 1892; Fredericks v. R. R., 157 Pa. 103, 1893; Baker v. Irish, 172 Pa. 528, 1895; Price v. Hamscher, 174 Pa. 73, 1896; Com. v. Eckerd, 174 Pa. 137, 1896; Pool v. White, 175 Pa. 459, 1896; Omenset- ter v. Kemper, 6 Pa. Super. 309, 1898; McNeile v. Cridland, 6 Pa. Super. 428, 1898; Smucker v. R. R., 6 Pa. Super. 521, 1898; Com. v. Cornelly, 7 Pa. Super. 77, 1898; Com. v. Keene, 7 Pa. Super. 293, 1898; Taylor v. Burrell, 7 Pa. Super. 461, 1898; Ginder v. Bachman, 8 Pa. Super. 405, 1898; Powers v. Rich, 184 Pa. 325, 1898; Stern v. Stan- ton, 184 Penna. 468, 1898; Com. v. Van Horn, 188 Penna. 143, 1898; McFeaters v. Pattison, 188 Pa. 270, 1898; Samuel v. McKnight, 9 Pa. Super. 352, 1899; Sheehan v. Rosen, 12 Pa. Super. 298, 1899; Com. v. Winkelman, 12 Pa. Super. 497, 1899; Com. v. 353 23 REVIEW ON APPEAL. 228 (21) (a)-(h) Charge Comments on Evidence [Chap. 15, Warner, 13 Pa. Super. 461, 1900; Owens v. Lancaster, 193 Pa. 436, 1900; McCormick v. McCormick, 194 Pa. 107, 1900; Springer v. Stiver, 16 Pa. Super. 184, 1901; Com. v. Zuern, 16 Pa. Super. 588, 1901 ; Mills v. Plant, 18 Pa. Super. 80, 1901 ; Simmons v. R. R., 199 Pa. 232, 1901; Fitzpatrick v. Traction Co., 206 Pa. 335, 1903; Rondinella v. Ins. Co., 24 Pa. Super. 293, 1904; Com. v. Schoen, 25 Pa. Super. 211, 1904; Oldham v. Express Co., 25 Pa. Super. 549, 1904; Knee v. Mc- Dowell, 25 Pa. Super. 641, 1904; Smith v. Township, 26 Pa. Super. 234, 1904; Swing v. Walker, 27 Pa. Super. 366, 1904; Lappe v. Gfeller, 211 Pa. 462, 1905; Com. v. Clymer, 30 Pa. Super. 61, 1906; (b) especially where such comment simply leads minds of jurors to substantial matter at issue : Com. v. Winkelman, 12 Pa. Super. 497, 1899 ; Com. v. Warner, 13 Pa. Super. 461, 1900; (c) extent to which judge should comment on evidence is largely a matter of discretion: Penna. R. R. v. Goodman, 62 Pa. 329, 1869 ; Baker v. Irish, 172 Pa. 528, 1895 ; Blank v. Barnhart, 17 Pa. Super. 214, 1901; Thrall v. Wilson, 17 Pa. Super. 376, 1901; Com. v. Wertheimer, 23 Pa. Super. 192, 1903; Com. v. Penrose, 27 Pa. Super. 101, 1905; (d) in criminal case, an expression of opinion that there is nothing in evidence to reduce crime to manslaughter is not cause for reversal if question is left to jury : McClain v. Com., 110 Pa. 263, 1885; (e) where evidence is in itself contradictory, it is not error for court to charge that it might be disregarded or subjected to close scrutiny: Sharp v. Erie, 2 Sad. 480, 1886; McConkey v. Com., 101 Pa. 416, 1882; (f) and he may call attention particularly to incon- sistencies in plaintiff's testimony where latter 's credibility is at issue: Brinton v. Walker, 15 Pa. Super. 449, 1900 ; Springer v. Stiver, 16 Pa. Super. 184, 1901; (g) and reference to omission of party to produce evidence is proper in some cases: Hartman v. Incline Plane Co., 11 Pa. Super. 438, 1899; Oldham v. Express Co., 25 Pa. Super. 549, 1904; (h) but a charge which tends to belittle and prejudice one side and which is not, in expression and tone, a fair, impartial and judicial presentation of the case, will be reversed : Nieman v. Ward, 1 W. & S. 68. 1841 ; Parker v. Donaldson, 6 W. & S. 132, 1843 ; Cadbury v. Nolen, 5 Pa. 320, 1847; Hart v. Borough, 56 Pa. 23, 1867; Dime Savings Inst. v. Bank, 61 Pa. 391, 1869; Penna. R. R. Co. v. Berry, 68 Pa. 272, 1871; Bisbing v. Bank, 93 Pa. 79, 1880 ; Fawcett v. Fawcett, 95 Pa. 376, 1880 ; Linn v. Com., 96 Pa. 285, 1880; Stokes v. Miller, 10 W. N. C. 241, 1881; Byles v. Hazlett, 11 W. N. C. 212, 1881; Youngman v. Miller, 98 Pa. 196, 1881; Penna. Canal Co. v. Harris, 101 Pa. 80, 1882; Gehman v. 354 REVIEW ON APPEAL. 228-31] Charge Comment on Evidence 228 (21) (h)-(l) Erdman, 105 Pa. 371, 1884; Reber v. Herring, 115 Pa. 599, 1887; Schwenk v. Kehler, 122 Pa. 67, 1888; Reichenbach v. Ruddach, 127 Pa. 564, 1889 ; Steinbrunner v. Railroad Co., 146 Pa. 504, 1892 ; Webb v. Lees, 149 Pa. 13, 1892; McKelvy v. Ins. Co., 161 Pa. 279, 1894; Pierson v. Duncan, 162 Pa. 187, 1894; Kaufold v. Arnold, 163 Pa. 269, 1894; Young v. Merkel, 163 Pa. 513, 1894; Dooner v. Canal Co., 164 Pa. 17, 1894; Heydrick v. Hutchinson, 165 Pa. 208, 1894; Howell v. Mellon, 169 Pa. 138, 1895; Tietz v. Traction Co., 169 Pa. 516, 1895; Minick v. Gring, 1 Pa. Super. 484, 1896; Com. v. Swayne, 1 Pa. Super. 547, 1896; Hudson v. Watson, 2 Pa. Super. 422, 1896; Larzelere v. Tiel, 3 Pa. Super. 109, 1896; Dosch v. Diem, 176 Pa. 603, 1896; Phila. Trust Co. v. Railroad Co., 177 Pa. 38, 1896; Herrington v. Guernsey, 177 Pa. 175, 1896; Lerch v. Bard, 177 Pa. 197, 1896; Smith v. Hine, 179 Pa. 203, 1897; Fineburg v. Railway, 182 Pa. 97, 1897; Com. v. Goldberg, 4 Pa. Super. 142, 1896 ; Taylor v. Fuller, 5 Pa. Super. 193, 1897; Jones v. Cleveland, 6 Pa. Super. 640, 1898; Lehman v. Murtoff, 7 Pa. Super. 485, 1898; Miller v. Miller, 187 Pa. 572, 1898; Samuel v. Knight, 9 Pa. Super. 352, 1899; McCabe v. Phila., 12 Pa. Super. 383, 1899; Com. v. Winkelman, 12 Pa. Super. 497, 1899; Com. v. Kay, 14 Pa. Super. 376, 1900 ; Roth v. Roth, 15 Pa. Super. 192, 1900 ; Hayes v. Railroad, 195 Pa. 184, 1900; Baldi v. Ins. Co., 24 Pa. Super. 275, 1903; Rondinella v. Ins. Co., 24 Pa. Super. 293, 1903; Renn v. Tallman, 25 Pa. Super. 503, 1904; Plucker v. Miller, 26 Pa. Super. 495, 1904; Com. v. Meads, 29 Pa. Super. 321, 1905 ; Clark v. Traction Co., 210 Pa. 636, 1905; (i) so also, judicial comments, disparaging to witnesses or parties, without proper foundation in the evidence and tending to prejudice one side, are grounds for reversal: Sampson v. Sampson, 4 S. & R. 329, 1818; Hocker v. Jamison, 2 W. & S. 438, 1841; Burke v. Maxwell, 81 Pa. 139, 1876; Fawcett v. Fawcett, 95 Pa. 376, 1880; Stokes v. Miller, 10 W. N. C. 241, 1881; Linn v. Com., 96 Pa. 285, 1880; Curtin v. Somerset, 140 Pa. 70, 1891; (see also (k), below); (j) charge is erroneous which calls attention to testimony of one side without alluding to contradictions therein: Shaver v. McCarthy, 110 Pa. 339, 1885; Herrington v. Guernsey, 177 Pa. 175, 1896; Fineburg v. Ry., 182 Pa. 97, 1897; (k) or which makes use of extravagant ex- pressions which tend to influence minds of jury: Dreibilbis v. Esben- shade, 6 Pa. Super. 182, 1897; Com. v. Kay, 14 Pa. Super. 376, 1900; (see also (i), above); (1) a judge may not inform jury that if he were in jury box he would find against plaintiff, even though he qualify 355 REVIEW ON APPEAL. 228 (21) (l)-(22) (c) Requests for Instructions [Chap. 15, it by saying they are not bound by his views: Burke v. Maxwell, 81 Pa. 139, 1870; (m) and he should not give his opinion on evidence where both parties have asked for and been refused binding instruc- tions: Samuel v. Knight & Co., 9 Pa. Super. 352, 1899; (n) where de- fendant has number of credible witnesses and plaintiff but one, it is error for court to minimize defendant's numerical advantage and to fail to instruct as to difference between interested and disinterested testimony: Davies v. Transit Co., 228 Pa. 176, 1910; Cohen v. Transit Co., 228 Pa. 243, 1910. (22) Requests for Instructions Answers, (a) Under Act March 24, 1877, P. L. 38, (148, above), it is the duty of the trial judge, on request, to reduce his answers and points to writing and read them to the jury; but it has been frequently held, both prior and subse- quent to the passage of this act, that if the points presented were suf- ficiently answered in the general charge, failure to do so is not re- versible error; Munderbach v. Lutz, 14 S. & R. 220, 1826; Coates v. Roberts, 4 Rawle 100, 1833; Herron v. Fry, 2 P. & W. 263, 1830; Lynch v. Welsh, 3 Pa. 294, 1846; Ridgeway v. Longaker, 18 Pa. 215, 1852; Morrison v. Davis, 20 Pa. 171, 1852; Groft v. Weakland, 34 Pa. 304, 1859; Arbuckle v. Thompson, 37 Pa, 170, 1860; Pierce v. Cloud, 42 Pa. 102, 1862; Lycoming Ins. Co. v. Schreffler, 42 Pa. 188, 1862; Patterson v. Kountz, 63 Pa. 246, 1869 ; Winsor v, Maddock, 64 Pa. 231, 1870; Smith v. Bouvier, 70 Pa. 325, 1872; Murray v. Com., 79 Pa. 311, 1875; Rice v. Olin, 79 Pa. 391, 1875; Schoning v. Yard, 88 Pa. 286, 1870; Bishop v. Goodhart, 135 Pa. 374, 1890; Readdy v. Borough, 137 Pa. 92, 1890; Com. v. McManus, 143 Pa. 64, 1891; Kroegher v. McCon- way, Torley Co., 149 Pa. 444, 1892; Wblbert v. Trexler, 156 Pa. 112, 1893; Gallagher v. Phila., 4 Pa. Super. 60, 1897; Scheaffer v. Sensenig, 182 Pa. 634, 1897; Cosgrove v. Cummings, 190 Pa. 525, 1899; Creachen v. Bromley Bros., 214 Pa. 15, 1906; Miller v. Machine Co., 220 Pa. 181, 1908; Dungan, Hood & Co. v. Ry., 41 Pa. Super. 61, 1910; Hufnagle v. Canal Co., 227 Pa. 476, 1910; (b) but referring jury to general charge for answer to points is condemned as bad practice and as being misleading to jury: Freeman v. Pennock, 3 P. & W. 317, 1832; Huddleston v. Borough, 111 Pa. 110, 1885; Duncan v. Sherman, 121 Pa. 520, 1888; People's Bank v. Denig, 131 Pa. 241, 1890; (c) an obscure answer to points may be aided by general charge; but not an erroneous one: Murray v. Com., 79 Pa. 311, 1875; Rice v. Olin, 79 Pa. 391, 1875; Calhoun v. Laundry, 220 Pa. 281, 1908; (d) if 356 REVIEW ON APPEAL. 228-31 ] Requests for Instructions 228 ( 22 ) ( d ) - ( h ) points are refused because answered in general charge, counsel should except if he thinks they have not been so answered: Ensminger v. Hess, 192 Pa. 432, 1899; see 148 (2); (e) subject to the above rules, a party is entitled to distinct, unequivocal and responsive answers to his points if they are properly drawn and present ques- tions which fairly arise and if they can be answered by simple affirm- ance or refusal: Mills v. Buchanan, 14 Pa. 59, 1850; Penna. R. R. Co. v. Zebe, 33 Pa. 318, 1859; Pitts, etc. Ry. v. Evans, 53 Pa. 250, 1866; Penna. Co. v. Toomey, 91 Pa. 256, 1879; Allegheny R. R. v. Steele, 11 W. N. C. 113, 1881; Waynesboro Ins. v. Creaton, 98 Pa. 451, 1881; Huddleston v. Borough, 111 Pa. 110, 1885 ; Swank v. Phillips, 113 Pa. 482, 1886; Kraft v. Smith, 117 Pa. 183, 1887; Cross v. Tyrone Co., 121 Pa. 387, 1888; Citizens' Ry. v. Ketcham, 122 Pa. 228, 1888; Hoffman v. Clough, 124 Pa. 505, 1889; New York R. R. v. Enches, 127 Pa. 316, 1889 ; Tyrone, etc., Co. v. Cross, 128 Pa. 636, 1889 ; Sproat v. Poor Di- rectors, 145 Pa. 598, 1892; Sommer v. Gilmore, 160 Pa. 129, 1894; Whitmire v. Montgomery, 165 Pa. 253, 1894; Hudson v. Watson, 2 Pa. Super. 422, 1896; Giberson v. Mills, 174 Pa. 369, 1896; Musick v. Borough, 184 Pa. 375, 1898; Custer v. School Dist., 12 Pa. Super. 102, 1899; Thomas v. Butler, 24 Pa. Super. 305, 1904; (f) the object of written points is to obtain specific rulings on law applicable to facts, and court is not bound to answer a point that "if jury believe plain- tiff's evidence verdict should be for plaintiff": Malone v. R. R., 157 Pa. 430, 1893; (g) it is not always commendable practice to present as points extracts from opinion of Supreme Court: Jensen v. Ry., 24 Pa. Super. 4, 1903; (h) it is error to refuse to answer points of law which are material to issue and warranted by evidence: Shaeffer v. Landis, 1 S. & R. 449, 1815; Powers v. McErran, 2 S. & R. 44, 1815; Hamilton v. Menor, 2 S. & R. 70, 1815; Fisher v. Larick, 3 S. & R. 319, - 1817; Vincent v. Huff, 4 S. & R. 298, 1818; Humes v. McFarlane, 4 S. 6 R. 427, 1818; Bellas v. Hays, 5 S. & R, 427, 1819; Simpson v. Wray, 7 S. & R. 336, 1821; Pedan v. Hopkins, 13 S. & R. 45, 1825; Robeson v. Gibbons, 2 Rawle, 45, 1829; Bemus v. Howard, 3 Watts 255, 1834; Slaymaker v. St. John, 5 Watts 27, 1836 ; Carpenter v. Mayer, 5 Watts 483, 1836; Noble v. McClintock, 6 W. & S. 58, 1843; Hood v. Hood, 2 Grant 229, 1858; Penna. R. R. Co. v. Zebe, 33 Pa. 318, 1859; Dime Sav. Inst. v. Bank, 61 Pa. 391, 1869 ; Tenbrooke v. Jahke, 77 Pa. 392, 1875 ; Penna. Co. v. Toomey, 91 Pa. 256, 1879 ; Spangler v. Spangler, 122 Pa. 358, 1889; New York etc., R. R. Co. v. Enches, 127 Pa. 316, 357 REVIEW ON APPEAL. 228 (22) (i)-(n) Requests for Instructions [Chap. 15, 1889; Sommer v. Gilmore, 160 Pa. 129, 1894; Central Trust Co. v. White, 206 Pa. 611, 1903; (i) but if a point be a mere repetition of one already answered, it is enough to refer to answer already given: Munderbach v. Lutz, 14 S. & R. 220, 1826; Geiger v. Welsh, 1 Rawle 349, 1829; (j) but refusal of point which should have been affirmed is harmless where two other points containing same matter have been affirmed : Bracken v. R. R., 222 Pa. 410, 1909 ; (k) points should be so answered as to place before jury exact question to be decided: Gra- ham v. Moore, 4 S. & R. 467, 1818; Irish v. Smith, 8 S. & R. 573, 1822; Selin v. Snyder, 11 S. & R. 319, 1824; Hughes v. Boyer, 9 Watts 556, 1840; Utt v. Long, 6 W. & S. 174, 1843; Lloyd v. Carter, 17 Pa. 216, 1851; Leech v. Leech, 21 Pa. 67, 1853; McKnight v. Ratcliff, 44 Pa. 165, 1862; Hays v. Paul, 51 Pa. 134, 1865; Killion v. Power, 51 Pa. 429, 1866; Rider v. Maul, 70 Pa. 15, 1871; Keating v. Orne, 77 Pa. 89, 1874; Penna. R. R. Co. v. Werner, 89 Pa. 59, 1879; Yardley v. Cuthbertson, 108 Pa. 395, 1885 ; Sidney Sch. Furniture Co. v. School Dist., 130 Pa. 76, 1889; McCoombs v. Railroad Co., 130 Pa. 182, 1889; Bentley v. Cranmer, 137 Pa. 244, 1890 ; Kaiser v. Flaccus, 138 Pa. 332, 1890; Kramer v. Winslow, 154 Pa. 637, 1893; Malone v. Railroad Co., 157 Pa. 430, 1893 ; Wahl v. R. R. Co., 158 Pa. 257, 1893 ; Heitzenreither v. Bank, 4 Pa. Super. 524, 1897; Stuart v. Line, 11 Pa. Super. 345, 1899; Hamilton v. Pitts., etc., R. R. Co., 190 Pa. 51, 1899; (1) if facts are included in point, they should be stated hypothetically : Sweitzer v. Hummel, 3 S. & R. 228, 1817; Penna. R. R. v. McTighe, 46 Pa. 316, 1863 ; Riegel v. Wilson, 60 Pa. 388, 1869 ; Bartley v. Williams, 66 Pa. 329, 1870; (m) where hypothetical point asks for instructions on legal effect of evidence, court should instruct jury as to law if they should find facts as suggested: Ham v. Canal Co., 142 Pa. 617, 1891; (n) court is not bound to answer points which assume facts which are disputed: Zerger v. Sailer, 6 Binn. 24, 1813; White v. Kyle, 1 S. & R. 515, 1815; Hamilton v. Menor, 2 S. & R. 70, 1815; Greber v. Kleckner, 2 Pa. 289, 1845; Cullum v. Wagstaff, 48 Pa. 300, 1865; Penna. R. R. v. Bock, 93 Pa. 427, 1880; Payne v. Reese, 100 Pa. 301, 1882; Smith v. Bank, 104 Pa. 518, 1883; Com. v. Buccieri, 153 Pa. 535, 1893; Keeler v. Schott, 1 Pa. Super. 458, 1896; Beringer v. Lutz, 179 Pa. 1, 1897; Brothers v. Mitchell, 157 Pa. 484, 1893; Jacoby v. Ins. Co., 10 Pa. Super. 366, 1899; Braden v. Cook, 18 Pa. Super. 156, 1901; Welliver v. Canal Co., 23 Pa. Super. 79, 1903 ; Maus v. Township, 24 Pa. Super. 624, 1904; Karl v. Juniata Co., 206 Pa. 633, 1903; McHenry v. Buli- 358 REVIEW ON APPEAL. 228-31] Requests for Instructions 228 (22) (o)-(x) fant, 207 Pa. 15, 1903; Baker v. Moore, 29 Pa. Super. 301, 1905; Wal- lace v. Henderson, 211 Pa. 142, 1905; Com. v. Danz, 211 Pa. 507, 1905; (o) if point be substantially affirmed or fairly answered, and answer is as favorable as request, it is not reversible error that answer might have been more fully stated: Fisher v. Larick, 7 S. & R. 99, 1821; Hubley v. Vanhorne, 7 S. & R. 185, 1821 ; Munderbach v. Lutz, 14 S. & R. 220, 1826; Bitzer v. Hahn, 14 S. & R. 232, 1826; Levers v. VanBus- kirk, 4 Pa. 309, 1846; Fisher v. Filbert, 6 Pa. 61, 1847; Woodwell v. Brown, 44 Pa. 121, 1862; Johnston v. Com. 85 Pa. 54, 1877; Auburn Bolt Works v. Shultz, 143 Pa. 256, 1891; (p) an insufficient or erron- eous answer is not reversible error if point is not raised by evidence or in the pleadings: Sweitzer v. Hummel, 3 S. & R. 228, 1817; Mun- derbach v. Lutz, 14 S. & R. 220, 1826; Strawbridge v. Cartledge, 7 W. & S. 394, 1844; Burd v. McGregor, 2 Grant 353, 1856; Williams v. Williams, 34 Pa. 312, 1859; North Penna. R. R. v. Kirk, 90 Pa. 15, 1879; Clarkson v. Thorn, 2 Penny. 491, 1882; Heffner v. Chambers, 121 Pa. 84, 1888; (q) court is not bound to answer points in words of the proposition: Munderbach v. Lutz, 14 S. & R. 220, 1826; Geiger v. Welch, 1 Rawle 349, 1829; Carey v. Buckley, 192 Pa. 276, 1899; Jones v. Greenfield, 25 Pa. Super. 315, 1894; (r) the matter, and not the manner, of answering is subject of error: Hood v. Hood, 25 Pa. 417, 1855; Barnett v. Reed, 51 Pa. 190, 1866; Everhart v. Searle, 71 Pa. 256, 1872; (s) when binding instructions are given, refusal to answer points is not error : Myers v. Ins. Co., 26 Pa. 192, 1856 ; Myers v. Coal Company, 126 Pa. 582, 1889; Helzer v. Helzer, 187 Pa. 243, 1898; Central Trust Company v. White, 206 Pa. 611, 1903; (t) several points relating to same matter may be answered collectively; Coates v. Roberts, 4 Rawle 100, 1833; McCoy v. Hance, 28 Pa. 149, 1857; (u) failure to answer every request for findings of fact is not reversible error if facts are not material: Myersdale, etc., Ry. v. Ry., 219 Pa. 558, 1908; (v) if law be correctly given to jury, it is immaterial that wrong reason was given in charge : see note (20) (u), and note (2) (h), this section; (w) affirmance of points may be qualified by cautionary statements of law: Yardley v. Cuthbertson, 108 Pa. 395, 1885; Hull v. R. R., 1 Pa. Super. 651, 1896; Snyder v. Loy, 4 Pa. Super. 201, 1897; Oehm v. Gas Co., 10 Pa. Super. 593, 1899; (x) if point is affirmed without qualification, it is error to assume facts in answer: McCarty v. Gordon, 4 Whar. 321, 1839; Citizens Ry. v. Ketcham, 122 Pa. 228, 1888; (y) it is not error to refuse point con- 359 REVIEW ON APPEAL. 228 (22) (y)-(j2) Requests for Instructions [Chap. 15, taining several distinct propositions : Gorgas v. R. R., 144 Pa. 1, 1891 ; Rudy v. Myton, 19 Pa. Super. 312, 1902; Seifred v. R. R., 206 Pa. 399, 1903; Schweitzer v. Williams, 43 Pa. Super. 202, 1910; (z) or points which lack particularity: Cox v. Wilson, 25 Pa. Super. 635, 1904; (a2) it is proper practice to refuse to read to jury points which are refused : Hommel v. Lewis, 104 Pa. 456, 1883 ; Kroegher v. McCon- way, Torley Co., 149 Pa. 444, 1892; Com. v. Clark, 3 Pa. Super. 141, 1896 ; Walbert v. Trexler, 156 Pa. 112, 1893 ; Woeckner v. Motor Co., 187 Pa. 206, 1898; Com. v. Swallow, 8 Pa. Super. 539, 1898; Carey v. Buckley, 192 Pa. 276, 1899; (b2) under Act March 24, 1877, P. L. 38, 3 Purd. 3357, pi. 3, (148, above), points answered in writing in negative need not be read to jury: Clay v. R. R., 221 Pa. 439, 1908; (c2) appellant cannot complain of omission to answer point which court would have been obliged to answer against him: Werkheiser v. Werkheiser, 6 W. & S. 184, 1843; Deal v. Bogue, 20 Pa. 228, 1852; Childs v. Digby, 24 Pa. 23, 1855; Hill v. Canfield, 56 Pa. 454, 1868; Winsor v. Maddock, 64 Pa. 231, 1870; Com. v. Buccieri, 153 Pa. 535, 1893; (d2) or of omission or mistake in answering point which ver- dict has rendered immaterial: Munderbach v. Lutz, 14 S. & R. 220, 1826; Payne v. Reese, 100 Pa. 301, 1882; Shaffer v. Iron Co., 5 Sad. 104, 1887; Com. v. Vanchaski, 42 Pa. Super. 294, 1910; Jackson v. R. R., 228 Pa. 566, 1910; (see notes (20) (i) and (25) (1), this sec- tion) ; (e2) court may decline to answer irrelevant points : Covert v. Irwin, 3 S. & R. 283, 1817; Kean v. Franklin, 5 S. & R. 147, 1819; Fox v. Academy, 6 W. & S. 353, 1843 ; Garrett v. Jackson, 20 Pa. 331, 1853 ; Hilskell v. Bank, 89 Pa. 155, 1879 ; Lebanon Ins. Co. v. Losch, 109 Pa. 100, 1885 ; Heffner v. Chambers, 121 Pa. 84, 1888 ; Maus v. Township, 24 Pa. Super. 624, 1904; Fearon v. Little, 227 Pa. 348, 1910; (f2) or points which evidence does not sustain: Urket v. Loryell, 5 W. & S. 60, 1842; Altoona v. Lotz, 114 Pa. 238, 1886; Kramer v. Reed, 7 Sad. 613, 1888; Carman v. R. R., 195 Pa. 440, 1900; Karl v. County, 206 Pa. 633, 1903; Maus v. Township, 24 Pa. Super. 624, 1904; Fisher v. R. R., 227 Pa. 635, 1910; (g2) or which draw doubtful inferences: McNeil Co. v. Nimick & Co., 194 Pa. 187, 1900; (h2) or which are not offered at proper time or in proper manner: Kinley v. Hill, 4 W. & S., 426, 1842; Haines v. Stauffer, 13 Pa. 541, 1850; (12) or which asks instructions as to object of law and not what is the law: Lincoln v. Wright, 23 Pa. 76, 1854; (J2) or which asks instructions on defects in pleadings: Brittain v. Bank, 5 W. & S. 87, 1842; Haldeman v. 360 REVIEW ON APPEAL. 228-31] Requests for Instructions 228 (22) (j)-(w2) Martin, 10 Pa. 369, 1849; Smith v. Latour, 18 Pa. 243, 1852; (k2) or weight of evidence: Clark v. Partridge, 2 Pa. 13, 1845; Lorain v. Hall, 33 Pa. 270, 1859; (12) where point conflicts with Supreme Court decision, it is not error for court to read to jury part of Supreme Court opinion: Yardley v. Cuthbertson, 108 Pa. 395, 1885; Thomas v. Butler, 24 Pa. Super. 305, 1904; (m2) refusal to answer has been held equivalent to negative answer: Bartle v. Saunders, 2 Grant, 199, 1858; (n2) and appellate court will assume jury would have found facts as set forth in point refused: King v. Thompson, 87 Pa. 365, 1878; (o2) if no reason for refusal be given, it will be presumed that it was because of error in law and not because there was no evidence to support it: Short v. Messenger, 126 Pa. 637, 1889; (p2) if charge as to legal effect of evidence is desired, it must be embodied in point: Garrett v. Jackson, 20 Pa. 331, 1853; Lancaster Co. Bank v. Albright, 21 Pa. 228, 1853; Dingee v. Jackson, 23 Pa. 176, 1854; (q2) appellate court will not reverse where appellant was not prejudiced by improper reservation of a point : Knerr v. Hoffman, 65 Pa. 126, 1870 ; Erie City Iron Works v. Barber, 106 Pa. 125, 1884; (r2) or because points were not specifically read where only one which could have been affirmed was fully covered in general charge : Com. v. Clark, 3 Pa. Super. 141, 1896; (s2) or for inconsistency between charge and answers to points where appellant was not injured thereby: Rondinella v. Ins. Co., 24 Pa. Super. 293, 1903; (t2) points may be submitted by com- monwealth in a criminal case, though it is unusual practice, and when so submitted they may be answered : Murry v. Com., 79 Pa. 311, 1875 ; Root v. Com., 98 Pa. 170, 1881; (n2) where court fails to charge on matter which counsel deem essential, attention should be called to it before jury retire so that omission may be corrected: Com. v. Zappe, 153 Pa. 498, 1893; Kehoe v. Traction Co., 187 Pa. 474, 1898; (see also note (20) (r), this section) ; (v2) the party presenting a point which assumes certain question to be before jury, cannot afterward object that there was no evidence in case justifying such submission: Au- burn Works v. Shultz, 143 Pa. 256, 1891; (w2) when point has been substantially affirmed, party presenting it cannot dispute it: Hubley r. Vanhorne, 7 S. & R. 185, 1821; Williams v. Carr, 1 Rawle 420, 1829; Benson v. Maxwell, 105 Pa. 274, 1884. (23) Binding Instructions, (a) Where binding instructions have been given below, appellate court will not pass upon credi- bility of witnesses but will assume all evidence as true, and 361 REVIEW ON APPEAL. 228 (23) (a)-(e) Binding Instructions [Chap. 15, also every fact which may fairly be inferred from such evi- dence: Codding v. Wood, 112 Penna. St. 371, 1886; Bigley v. Jones, 114 Pa. 510, 1886; (b) such instructions will be affirmed only when facts are established beyond a doubt and the conclu- sions to which they lead are clear and unquestionable: Menner v. Canal Co., 7 Pa. Super. 135, 1898; Eardley v. Keeling, 10 Pa. Super. 339, 1899; Hedricks v. Township, 16 Pa. Super. 508, 1901; (c) such instructions are proper where there are no facts in dispute : Koons v. Steele, 19 Pa. 203, 1852; Webb v. Mears, 45 Pa. 222, 1863; Eister v. Paul, 54 Pa. 196, 1866; Hoag v. R. R., 85 Pa. 293, 1877; Gardner v. McLallen, 4 W. N. C. 435, 1877; Krause v. Com., 93 Pa. 418, 1880; Angier v. Eaton Co., 98 Pa. 594, 1881 ; Camden, etc., Ry. v. Hoosey, 99 Pa. 492, 1882; Alcorn v. Phila., 112 Pa. 494, 1886; Wannamaker v. Burke, 111 Pa. 423, 1886; Barnes v. Snowdon, 119 Pa. 53, 1888; McFad- den v. Rausch, 119 Pa. 507, 1888; McFall v. Ice Co., 123 Pa. 253, 1888; Devlin v. Snellenberg, 132 Pa. 186, 1890 ; Stoever v. Walmer, 140 Pa. 590, 1891; Com. v. R. R., 132 Pa. 591, 1899; Congle v. McKee, 151 Pa. 602, 1892; Swanson v. Crandall, 2 Pa. Super. 85, 1896; Hazlett v. Bragdon, 7 Pa. Super. 581, 1898; Continental Trust Co. v. Devlin, 209 Pa. 380, 1904; Merchants Bank v. Gardner, 31 Pa. Super. 143, 1906; (d) or where, admitting every fact and circumstance offered by plaintiff, he has failed to make out his case: Weidler v. Bank, 11 S. & R. 134, 1824; Malson v. Fry, 1 Watts 433, 1833; Newbaker v. Aldricks, 5 Watts 183, 1836; McCracken v. Roberts, 19 Pa. 390, 1852; De France v. De France, 34 Penna St. 385, 1859; Eister v. Paul, 54 Pa. 196, 1866; Lynch v. City, 151 Pa. 380, 1892; Com. v. Harris, 168 Pa. 619, 1895; Gropp v. Steel Co.. 4 Pa. Super. 621, 1897; Maynard v. Bank, 20 W. N. C. 272, 1887 (see also cases under (e), below) ; (e) or where there is no evidence from which jury can find for party on whom burden of proof lies : Spangler v. Hummer, 3 P. & W. 370, 1832 ; Whitehill v. Wilson, 3 P. & W. 405, 1832; Stouffer v. Latshaw, 2 Watts 165, 1834; DuBois v. Lord, 5 Watts 49, 1836; Newbaker v. Alricks, 5 Watts 183, 1836; McClurg v. Willard, 5 Watts 275, 1836; Hannay v. Stewart, 6 Watts 487, 1837; Huling v. Drexell, 7 Watts 126, 1838; Switland v. Holgate, 8 Watts 385, 1839 ; Prescott v. Ins. Co., 1 Whar. 399, 1836 ; McCarty v. Gordon, 4 Whar. 321, 1839; Gilchrist v. Rogers, 6 W. & S. 488, 1843; Evans v. Mengel, 1 Pa. 68, 1845; Junior Engine Co. v. Douglas, 2 Penny. 'iS, 1845; Bradley v. Grosh, 8 Pa. 45, 1848; Moore v. Miller, 8 Pa. 272, 362 REVIF.W ON APPEAL. 228-31] Binding Instructions 228 (23) (e)-(g) 1848; Snyder v. Wilt, 15 Pa. 59, 1850; Jones v. Wood, 16 Pa. 25, 1851; Sartwell v. Wilcox, 20 Pa. 117, 1852; Kidder v. Boom Co., 24 Pa. 193, 1855; Kirkpatrick v. Vanhorn, 32 Pa. 131, 1858; Cook v. Mackrell, 70 Pa. 12, 1858; Tobin v. Gregg, 34 Pa. 446, 1859; Schilling v. Durst, 42 Pa. 126, 1862; Eckert v. Flowry, 43 Pa. 46, 1862; Bogle v. Kreitzer, 46 Pa. 465, 1864; Herdic v. Bilger, 47 Pa. 60, 1864; Riegel v. Wilson, 60 Pa. 388, 1869; West Branch Ins. Co. v. Macklin, 66 Pa. 34, 1870; Penna. R. R. v. Beale, 73 Pa. 504, 1873; Fretton v. Karcher, 77 Pa. 423, 1875; Elkins v. McKean, 79 Pa. 493, 1875; Ege v. Medlar, 82 Pa. 86, 1876; Cauffman v. Long, 82 Pa. 72, 1876; Hyatt v. Johnston, 91 Pa. 196, 1879; Wingerd v. Fallen, 95 Pa. 184, 1880; Calvert v. Good, 95 Pa. 65, 1880; Louchheim v. Henzey, 9 W. N. C. 571, 1881; Angier v. Eaton Co., 11 W. N. C. 146, 1881 ; Morton v. Weaver, 99 Pa. 51, 1881 ; Egbert v. Payne, 99 Pa. 239, 1881 ; Northern Cent. R. R. Co. v. Husson, 101 Pa. 1, 1882 ; Wilson v. Mitchell, 101 Pa. 495, 1882 ; Selser v. Rob- erts, 105 Pa. 242, 1884; First Nat. Bank v. Bank, 114 Pa. 1, 1886; Chartiers Gas Co. v. Lynch, 118 Pa. 362, 1888; McFadden v. Rausch, 119 Pa. 507, 1888; Phila. & R. R. R. Co. v. Alvord, 128 Pa. 42, 1889; Jones v. Pierce, 134 Pa. 533, 1890; Com. v. Ruddle, 142 Pa. 144, 1891; Kittanning Twp. v. Township, 146 Pa. 108, 1892; Lynch v. Erie, 151 Pa. 380, 1892; Bellows v. Railroad Co., 157 Pa. 51, 1893; McHugh v. Schlosser, 159 Pa. 480, 1894; Horn v. Hutchinson, 163 Pa. 435, 1894; Brooks v. Railroad Co., 2 Pa. Super. 581, 1896; Wells v. Ins. Co., 191 Pa. 207, 1899; Lonzer v. R. R., 196 Pa. 610, 1900; Ruffner v. Wolfe, 14 Pa. Super. 513, 1900; Devlin v. Light Co., 198 Pa. 585, 1901; Heh v. Gas Co., 201 Pa. 443, 1902; (f) or where evidence on one side is a mere scintilla and that against it so overwhelming that court would not sustain verdict against it : Graff v. R. R., 31 Pa. 489, 1858 ; Eister v. Paul, 54 Pa. 196, 1867; Elliott v. Ins. Co., 66 Pa. 22, 1870; Cunning- ham v. Smith, 70 Pa. 450, 1872; Raby v. Cell, 85 Pa. 1877; Angier v. Eaton, 11 W. N. C. 146, 1881; Wilson v. Mitchell, 101 Pa. 495, 1882; Ball v. Campbell, 134 Pa, 602, 1890; Ford v. Anderson, 139 Pa. 261, 1891; Holland v. Kindregan, 155 Pa. 156, 1893; Horn v. Hutchinson, 163 Pa. 435, 1894; McMurtrie v. Black, 189 Pa. 66, 1897; Lonzer v. R. R., 196 Pa. 610, 1900; Cromley v. R. R., 211 Pa. 429, 1905 (see also (i), below) ; (g) but where there is some evidence, however slight, from which an inference may be drawn, it is not reversible error to submit case to jury; Pittsburg Bank v. Whitehead, 10 Watts 397, 1840; Fitzwater v. Stout, 16 Pa, 22, 1851; Graham v. Smith, 25 Pa. 363 REVIEW ON APPEAL. 228 (23) (g)-(h) Binding Instructions [Chap. 15, 323, 1855; Noel v. White, 37 Pa. 514, 1861; Cathcart v. Com., 37 Pa. 108, 1861; Wenrich v. Heffner, 38 Pa. 207, 1861; North Penn. R. R. v. Kirk, 90 Pa. 15, 1879; Pittsburg Railway Co. v. Stokes, 4 W. N. C. 550, 1878 ; Simes v. Blair, 5 W. N. C. 235, 1878 ; Swartz v. Hauser, 10 W. N. C. 434, 1881; Payne v. Reese, 100 Pa. 301, 1882; Lee v. Newell, 107 Pa. 283, 1884; Sidney Furniture Co. v. School Dist., 122 Pa. 494, 1888; Powell v. Derickson, 178 Pa. 612, 1897; Dixon v. Daub, 17 Pa. Super. 168, 1901; Bailey v. Coal Co., 20 Pa. Super. 186, 1902; Lamb v. Prettyman, 33 Pa. Super. 190, 1907; see also (h), below; (h) it is error to give binding instructions where evidence is uncertain, or contra- dictory, or where different inferences may be drawn therefrom: Wil- marth v. Mountford, 8 S. & R. 124, 1822; Newbold v. Wright, 4 Rawle 195, 1832; Harger v. McMains, 4 Watts 418, 1835; Fish v. Brown, 5 Watts 441, 1836; Moore v. Miller, 8 Pa. 272, 1848; Huston v. Barstow, 19 Pa. 169, 1852; Sellers v. Jones, 22 Pa. 423, 1854; Mclldowny v. Williams, 28 Pa. 492, 1857; Williams v. Bentley, 29 Pa. 272, 1857; Wenrich v. Heffner, 38 Pa. 207, 1861; Deford v. Reynolds, 36 Pa. 325, 1861; Brown v. Railroad Co., 39 L. I. 179, 1861; Phila. Co. v. Hogan, 47 Pa. 244, 1864; Mohney v. Evans, 51 Pa. 80, 1865; Hill v. Canfield, 56 Pa. 454, 1868 ; Madara v. Eversole, 62 Pa. 160, 1869 ; Reel v. Elder, 62 Pa. 308, 1869; Bergner v. Thompson, 74 Pa. 168, 1873; Crissey v. Ry., 75 Pa. 83, 1873; Tenbrooke v. Jahke, 77 Pa. 392, 1875; Rice v. Olin, 79 Pa. 391, 1875; North Penna. R. R. Co. v. Kirk, 90 Pa. 15, 1879; Oram v. Rothermal, 98 Pa. 300, 1881 ; Murphy v. Crossan, 98 Pa. 495, 1881; Egbert v. Payne, 99 Pa. 239, 1881; Rice v. Com., 100 Pa. 28, 1882; Abraham v. Mitchell, 112 Pa. 230, 1886; Patterson v. Dushane, 115 Pa. 334, 1887; Cover v. Manaway, 115 Pa. 338, 1886; Spear v. R. R., 119 Pa. 61, 1888; Lombard, etc., Ry. Co. v. Christian, 124 Pa. 114, 1889; Springfield Ins. Co. v. Brown, 128 Pa. 392, 1889; Readdy v. Borough, 137 Pa. 92, 1890; Kelly v. McGehee, 137 Pa. 443, 1890; American Tel. Co. v. Lennig, 139 Pa. 594, 1891; Irwin v. Irwin, 142 Pa. 271, 1891; Stoddart v. Price, 143 Pa. 537, 1891; Cougle v. McKee, 151 Pa. 602, 1892; Lehigh Coal Co. v. Evans, 176 Pa. 28, 1896; Baker v. Hagey, 177 Pa. 128, 1896; Snyder v. Steinmetz, 6 Pa. Super. 341, 1898; Rothchilds v. McLaughlin, 6 Pa. Super. 347, 1898; Coble v. Zook, 6 Pa. Super. 597, 1898; Fry v. Flick, 10 Pa. Super. 362, 1899; Oehm v. Gas Co., 10 Pa. Super. 593, 1899; Harlow v. Homestead Borough, 194 Pa. 57, 1899; Vandevort v. Wheeling Iron Co., 194 Pa. 118, 1899; Prindle v. Kountz, 15 Pa. Super. 258, 1900 ; Claflin v. Querns, 15 Pa. 364 REVIEW ON APPEAL. 228-31] Binding Instructions 228 (23) (h)-(m) Super. 464, 1900; Dixon v. Daub, 17 Pa. Super. 168, 1901; Heh v. Gas Co., 201 Pa. 443, 1901; Woolman v. Ice Co., 18 Pa. Super. 596, 1902; Bryne v. R. R., 19 Pa. Super. 531, 1902; Scholtz v. Scholtz, 22 Pa. Super. Ill, 1903; Rondinella v. Ins. Co., 24 Pa. Super. 293, 1904; Thomas v. Law, 25 Pa. Super. 19, 1904; Rider-Ericsson Engine Co. v. Fredericks, 25 Pa. Super. 72, 1904; Kelton v. Fife, 26 Pa. Super. 603, 1904; Bradford Clark Co. v. R. R., 27 Pa. Super. 251, 1905; Kitler v. Ry., 27 Pa. Super. 602, 1905; Dinan v. Supreme Council, 210 Pa. 456, 1905; Cromley v. R. R. Co., 211 Pa. 329, 1905; (i) or where evidence to support plaintiffs' claim is more than a mere scin- tilla: Repsher v. Wattson, 17 Pa. 365, 1851; Holden v. Winslow, 18 Pa. 160, 1851; Farmers' Ins. Co. v. Bair, 82 Pa. 33, 1876; Egbert v. Payne, 99 Pa. 239, 1881; Snyder v. Berger, 18 W. N. C. 490, 1887; Hineman v. Matthews, 138 Pa. 204, 1890; (see (f) and (g), above) ; (j) or where a party in whose favor such instructions are asked has failed to make out every point of his case: Schrimpton v. Bertolet, 155 Pa. 638, 1893; (k) where testimony is oral, question of credibility of wit- nesses is sufficient to take case to jury: Madara v. Eversole, 62 Pa. 160, 1869 ; Baker v. Irish, 172 Pa. 528, 1895 ; Lehigh Coal Co. v. Evans, 176 Pa. 28, 1896; Platz v. Township, 178 Pa. 601, 1897; Harlow v. Homestead Boro., 194 Pa. 57, 1899; Arnold v. Ins. Co., 22 Pa. Super. 575, 1903; Barnett v. Becker, 25 Pa. Super. 22, 1904; Edwards v. Woodruff, 25 Pa. Super. 575, 1904; Colonial Trust Co. v. Getz, 28 Pa. Super. 619, 1905; Trexler v. Africa, 33 Pa. Super. 395, 1907; (1) binding instructions based on court's interpretation of meaning of words used in oral testimony or statement, is error: Sidwell v. Evans, 1 P. & W. 383, 1830; Simpson v. McBeth, 4 Watts 409, 1835; McFar- land v. Newman, 9 Watts 55, 1839; Brubaker v. Okeson, 36 Pa. 519, 1860; Maynes v. Atwater, 88 Pa. 496, 1879; Forrest v. Nelson, 108 Pa. 481, 1885; Stoddart v. Price, 143 Pa. 537, 1891; Fulton v. County, 162 Pa. 294, 1893; Speers v. Knarr, 4 Pa. Super. 80, 1897; Bixler v. Lesh, 6 Pa. Super. 459, 1898; Pessano v. Eyre, 13 Pa. Super. 157, 1900; Scottish Asso. v. Trust Co., 195 Pa. 45, 1900; Hawn v. Stoler, 22 Pa. Super. 307, 1903; Saville v. Melley, 27 Pa. Super. 69, 1905; (m) construction of written instrument may be submitted to jury where evidence as to meaning is part oral and part written: Harper v. Kean, 11 S. & R. 280, 1824; Colder v. Weaver, 7 Watts 466, 1838; Chambers v. Davis, 3 Whar. 40, 1837; National Dredging Co. v. Mundy, 155 Pa. 233, 1893; Wetherill v. Erwin, 12 Pa. Super. 259, 1899; 365 REVIEW ON APPEAL. 228 (23) (n)-(24) (c) Binding Instructions [Chap. 15, (n) errors by court in commenting on case, answering or refusing to answer points or rulings on propriety of cross-examination become harmless when binding instructions are given: Myers v. Ins. Co., 26 Pa. 192, 1856; Myers v. Coal Co., 126 Pa. 583, 1889; Helzer v. Helzer, 187 Pa. 243, 1898; Central Trust Co. v. White, 206 Pa. 611, 1903; Williams Typewriter Co. v. Cleaver, 38 Pa. Super. 376, 1909; (o) where binding instructions are given, court should state briefly rea- sons therefor: Foote v. Product Co., 195 Pa. 190, 1900; (p) but case will not be reversed for wrong reason given: Holmes v. Traction Co., 199 Pa. 229, 1901; see also note (2) (h), above; (q) where binding instructions have been refused, judgment against verdict cannot be subsequently entered in absence of exceptional circumstances: Dalmas v. Kemble, 215 Pa. 410, 1906; (see also 88, note (3) ). (24) Discretion of Lower Court, (a) The appellate court v^ill not review matters of practice and procedure which are within the discre- tion of the lower court except in clear cases of abuse thereof. A mere difference of opinion between lower and appellate court does not warrant a reversal. The following matters are within the discre- tion of the lower court and come within this rule: (b) interpreta- tion and enforcement of court's own rules: Dubosq v. Guardians of the Poor, 1 Binn. 415, 1808; Umberger v. Zearing, 8 S. & R. 163, 1822; Dailey v. Green, 15 Pa. 118, 1850 ; North Whitehall Twp., 47 Pa. 156, 1864; Wickersham v. Russell, 51 Pa. 71, 1865; Frank v. Colhoun, 59 Pa. 381, 1868; Brennan's Est., 65 Pa. 16, 1870; Peck's Ap., 11 W. N. C. 31, 1881; Gilmore v. Railroad Co., 104 Pa. 275, 1884; McBeth v. Newlin, 15 W. N. C. 129, 1884; Collins v. Leafey, 124 Pa. 203, 1889; Morrison v. Nevin, 130 Pa. 344, 1889; Bair v. Hubartt, 139 Pa. 96, 1891; Brennan v. Ins. Co., 148 Pa. 199, 1892; McLane v. Hoffman, 164 Pa. 491, 1894; Higgins Carpet Co. v. Latimer, 165 Pa. 617, 1895; Tren- ton Rubber Co. v. Small, 3 Pa. Super. 8, 1896; Strouse & Co. v. Bard, 8 Pa. Super. 48, 1898; Trescot v. Bank, 212 Pa. 47, 1905; Dietrich v. Lancaster, 212 Pa. 566, 1905; Hartley v. Weideman, 28 Pa. Super. 50, 1905; American Steel Co. v. Hotel Co., 226 Pa. 461, 1910; (c) unless rules upon which rest fundamental rights of parties above have been violated: North Whitehall Twp., 47 Pa. 156, 1864; Brennan's Est., 65 Pa. 16, 1870; Gannon v. Fritz, 79 Pa. 303, 1876; McDermott v. Woods, 147 Pa. 356, 1892; Schrimpton v. Bertolet, 155 Pa. 638, 1893; Todd v. Ins. Co., 9 Pa. Super. 371, 1899; (d) or where rule applies generally throughout state and it has been construed 366 REVIEW ON APPEAL. 228-31] Discretion of Lower Court 228 (24) (d)-(m) by appellate court differently from lower court in case reviewed: Lancaster County Bank v. Henning, 171 Pa. 399, 1895; (e) allowing or refusing motions nunc pro tune : Ley v. Union Canal, 5 Watts 104, 1836; Lance v. Bonnell, 105 Pa. 46, 1884; Loomis v. Ross, 12 Pa. Super. 95, 1899; Patterson v. Gallitzin Asso., 23 Pa. Super. 54, 1903; Zeigler's Petition, 207 Pa. 131, 1903; Dunmore Sch. Dist. v. Wahlers, 28 Pa. Super. 39, 1905; (f) granting or refusing amendments to pleadings: Ordroneaux v. Brady, 6 S. & R. 510, 1821; Latshaw v. Steiuman, 11 S. & R. 357, 1824; Caldwell v. Thompson, 1 Rawle 370, 1829; Caldwell v. Remington, 2 Whar. 132, 1836; Maus v..Maus, 5 Watts 315, 1836; Davis v. Church, 1 W. & S. 240, 1841; Hartman v. Ins. Co., 21 Pa. 466, 1853; Conroe v. Conroe, 47 Pa. 198, 1864; Michler v. Com., 62 Pa. 55, 1869; Kendig's Ap., 82 Pa. 68, 1876; Com. v. Scheuer, 115 Pa. 178, 1886; Melvin v. Melvin, 130 Pa. 6, 1889; (g) though under Act March 21, 1806, 4 Sm. L. 326, 1 Purd. 309, pi. 1, amendments are matter of right and action of lower court will be re- viewed: Young v. Com., 6 Binn. 88, 1813; Newlin v. Palmer, 11 S. & R. 98, 1824; Proper v. Luce, 3 P. & W. 65, 1831; (h) granting or re- fusing leave to withdraw plea: Rush v. Cavenaugh, 2 Pa. 187, 1845; (i) directing who should be made plaintiff in issue devisavit vel non: Palmer's Est., 132 Pa. 297, 1890; (j) refusing judgment for want of V sufficient affidavit of defence; for principles governing review by ap- pellate court, see 50; (k) advancing or retarding proceedings by orders governing trial and argument lists, etc.: Barrington v. Bank, 14 S. & R. 405, 1826; Ellmaker v. Buckley, 16 S. & R. 72, 1827; Phila. Library v. Ingham, 1 Whar. 72, 1835; Withers v. Haines, 2 Pa. 435, 1846; Pringle v. Pringle, 59 Pa. 281, 1869; Com. v. Ezell, 212 Pa. 293, 1905; (1) allowance of bill of particulars: Com. v. Powell, 23 Pa. Super. 370, 1903; Com. v. Shoener, 25 Pa. Super. 526, 1904; (m) granting or refusing continuance or discontinuance: Porter v. Lee, 16 Pa. 412, 1851; Evans v. Clover, 1 Grant 164, 1854; Duffs Road, 66 Pa. 459, 1871; Lingenfelter v. Williams, 7 Sad. 70, 1887; Bach v. Burke, 141 Pa. 649, 1891; Hall v. Vanderpool, 156 Pa. 152, 1893; DeGrote v. DeGrote, 175 Pa. 50, 1896; Com. v. Dietrich, 7 Pa. Super. 515, 1898; Com. v. Hazlett, 16 Pa. Super. 534, 1901; Rarick v. Mc- Manomon, 17 Pa. Super. 154, 1901; Dailey v. Iselin, 200 Pa. 200, 1901; Com. v. Scouton, 20 Pa. Super. 503, 1902; Hale v. Hale, 32 Pa. Super. 37, 1906; Freeh v. Lewis, 32 Pa. Super. 279, 1906; Fisher v. Penna. Co., 34 Pa. Super. 500, 1907; Vansciver v. Churchill, 35 Pa. 367 REVIEW ON APPEAL. 228 (24) (m)-(a2) Discretion of Lower Court [Chap. 15, Super. 212, 1907; Com. v. Renzo, 216 Pa. 147, 1907; Com. v. Delero, 218 Pa. 487, 1907; Kalin v. Wehrle, 36 Pa. Super. 305, 1908; Burns v. R. R., 222 Pa. 406, 1909; Gillman v. Ry., 224 Pa. 267, 1909; Cook v. Motor Co., 225 Pa. 91, 1909; Com. v. Femez, 226 Pa. 114, 1910; (n) this applies to continuance for amendment on trial: Farmers Ins. Co. v. Simmons, 30 Pa. 299, 1858; Walthour v. Spangler, 31 Pa. 523, 1858; Sturzebecker v. Traction Co., 211 Pa. 156, 1905; Roebling's Sons Co. v. Constr. Co., 231 Pa. 261, 1911; (o) but continuance by agree- ment in pursuance of court rule is a matter of right: Schrimpton v. Bertolet, 155 Pa. 638, 1893; (p) refusal to grant change of venue: Felts v. R. R., 160 Pa. 503, 1894; Burns v. R. R., 222 Pa. 406, 1909; (q) refusing to discharge defendant on ground that he was arrested while attending as witness: Roberts v. Austin, 5 Whar. 313, 1839; (r) refusal to quash indictment: Com. v. Hall, 23 Pa. Super. 104, 1903; Com. v. Edmiston, 30 Pa. Super. 54, 1906; (s) allowing indictment without previous binding over or commitment : Com. v. Brown, 23 Pa. Super. 470, 1903; (t) refusing to quash petition in contested election case: Moock v. Conrad, 155 Pa. 586, 1893; (u) quashing writ of for- eign attachment: Miller v. Sprecher, 2 Yeates 162, 1796; Brown v. Ridgway, 10 Pa. 42, 1848; Lindsley v. Malone, 23 Pa. 24, 1854; Hol- land v. White, 120 Pa. 228, 1888; First National Bank v. Crosby, 179 Pa. 63, 1897; Bellah v. Poole, 202 Pa. 71, 1902; (v) unless record shows judgment to be void : Robison v. Trench, 22 W. N. C. 143, 1888 ; (w) or refusal to set aside return and quash writ : Phila. & Read. R. R. v. Snowden, 161 Pa. 201, 1894; (x) or dissolving attachment under Act March 17, 1869, P. L. 8: Wetherald v. Shupe, 109 Pa. 389, 1885; Johnstone v. Menagh, 4 Pa. Super. 154, 1897; Slingluff v. Sisler, 193 Pa. 264, 1899; Ingram v. Grangers, 33 Pa. Super. 316, 1907; (y) per- mitting plaintiff's books to be inspected by defendant's counsel: Beals v. See, 10 Pa. 56, 1848; (z) issuing attachment to compel taking of testimony in homicide case: Com. v. Buccieri, 153 Pa. 535, 1893; (a2) order in which evidence is introduced or witnesses called or the manner of their examination: Irish v. Smith, 8 S. & R. 573, 1822; Frederic v. Gray, 10 S. & R. 182, 1823; Hake v. Fink, 9 Watts 336, 1840; Sharp v. Emmet, 5 Whar. 288, 1839; Schnable v. Doughty, 3 Pa. 392, 1846 ; Covanhovan v. Hart, 21 Pa. 495, 1853 ; Smith v. Myler, 22 Pa. 36, 1854; Hemphill v. McClimans, 24 Pa. 367, 1855; Finley v. Stewart, 56 Pa. 183, 1860; Aiken v. Stewart, 63 Pa. 30, 1864; Brown v. Finney, 67 Pa. 214, 1870; Brinks v. Heise, 84 Pa. 246, 1877; 368 REVIEW ON APPEAL. 228-31] Discretion of Lower Court 228 (24) (a2)-(12) Farmers' Ins. Co. v. Bair, 87 Pa. 124, 1878; Myers v. Coal Co., 126 Pa. 582, 1889 ; Dosch v. Diem, 176 Pa. 603, 1896 ; Hyndman Water Co., v. Hyndman Boro., 7 Pa. Super. 191, 1898; Corkery v. O'Neill, 9 Pa. Super. 335, 1899; Ulysses Co. v. Ins. Co., 20 Pa. Super. 384, 1902; Columbia Fire Proof Co. v. Paper Co., 207 Pa. 232, 1903 ; (b2) extent of cross-examination of witness: Jackson v. Litch, 62 Pa. 451, 1869; Glenn v. Traction Co., 206 Pa. 135, 1903; Com. v. Wil- liams, 41 Pa. Super. 326, 1910; (c2) limiting number of wit- nesses and cumulation of proof: Com. v. Gibbons, 3 Pa. Super. 408, 1897; (d2) admitting evidence not strictly rebuttal: VanDike v. Townsend, 35 L. I. 171, 1878; McMeen v. Com. 114 Pa. 300, 1886; Roland v. Eckman, 12 Pa. Super. 75, 1899; Fisher v. Ruch, 12 Pa. Super. 240, 1899; (e2) admission or rejection of witness as expert: Ardesco Oil Co. v. Gilson, 63 Pa. 146, 1869 ; Sorg v. German Congre- gation, 63 Pa. 156, 1869; Delaware Towboat Co. v. Starrs, 69 Pa. 36, 1871; Allen's Ap., 99 Pa. 196, 1882; (f2) admission or rejection of depositions: Vincent v. Huff, 8 S. & R. 381, 1822; Pipher v. Lodge, 16 S. & R. 214, 1827; Dennison v. Fairchild, 7 Watts 309, 1838; Covanhovan v. Hart, 21 Pa. 495, 1853; Thornton v. Britton, 144 Pa. 126, 1891; (g2) granting or refusing exception to evidence: Patterson v. Roberts, 109 Pa. 42, 1885; Floyd v. Hotchkiss, 5 Pa. Super. 216, 1897; (see 161, note (8) ) ; (h2) striking out as inadmissible, evidence not objected to: Robinson v. Snyder, 25 Pa. 203, 1855; Eifert v. Lytle, 37 W. N. C. 416, 1897; (12) refusing motion to strike out evi- dence: United States Telegraph Co. v. Wenger, 55 Pa. 262, 1867; Cald- well v. Express Co., 36 Pa. Super. 465, 1908; (J2) order of argument by counsel: Robeson v. Whitesides, 16 S. & R, 320, 1827; Com. v. Contner, 21 Pa. 266, 1853 ; Hartman v. Ins. Co., 21 Pa. 466, 1853 ; Smith v. Frazier, 53 Pa. 226, 1866; Staub v. Wolf, 4 Penny. 280, 1884; Blume v. Hartman, 115 Pa. 32, 1886 ; Patterson v. Bank, 130 Pa. 419, 1889 ; Mendenhall v. Mendenhall, 12 Pa. Super. 290, 1899 ; Sheehan v. Rosen, 12 Pa. Super. 298, 1899; Pittsburg Eng. Co. v. Mfg. Co., 43 Pa. Super. 485, 489, 1910; (k2) permitting papers to go out with jury: McCully v. Barr, 17 S. & R. 445, 1828; Sholly v. Diller, 2 Rawle 177, 1828; Spence v. Spence, 4 Watts, 165, 1835; (12) entry or refusal to enter compulsory non-suit: Bavington v. R. R., 34 Pa. 358, 1859; Pownall v. Steele, 52 Pa. 446, 1866; Mobley v. Bruner, 59 Pa. 481, 1869; Lehman v. Kellerman, 65 Pa. 489, 1870; Ballentine v. White, 77 Pa. 20, 1874; Haverly v. Mercur, 78 Pa. 257, 1875; Easton 369 24 REVIEW ON APPEAL. 228 (24) (12)-(p2) Discretion of Lower Court [Chap. 15, v. Neff, 102 Pa. 474, 1883; Millcreek Twp. v. Perry, 20 W. N. C. 359, 1887; Shenandoah Boro. v. Erdman, 21 W. N. C. 553, 1888; Schubkagel v. Dierstein, 131 Pa. 46, 1890: Kelly v. Bennett, 132 Pa. 218, 1890; Lowrey v. Robinson, 141 Pa. 189, 1891 ; Wray v. Spence, 145 Pa. 399, 1891; Scranton v. Barnes, 147 Pa. 461, 1892; Scanlon v. Suter, 158 Pa. 275, 1893; Medary v. Gathers, 161 Pa. 87, 1894; Crawford v. McKinney, 165 Pa. 605, 1895; Beard v. Ry., 3 Pa. Super. 171, 1896; Davis v. Ins. Co., 40 W. N. C. 569, 1897; Wallace v. Jameson, 179 Pa. 98, 1897; Davis v. Ins. Co., 5 Pa. Super. 506, 1897; Rockwell v. Boro., 7 Pa. Super. 95, 1898; Reed v. Fidelity Co., 189 Pa. 596; 1899; Morgan v. Boro., 29 Pa. Super. 100, 1905; Hallock v. Lebanon, 215 Pa. 1, 1906; Reece v. Rogers, 40 Pa. Super. 171, 1909 ; Reiser v. Eberly, 226 Pa. 21, 1909; see also 82, note (1) ;(m2) entry of non-pros for laches: Susque- hanna Ins. Co. v. Clinger, 10 Pa. Super. 92, 1899; Sydney v. Linton, 216 Pa. 240, 1906; (n2) withdrawing or refusing to withdraw juror: Thompson v. Stevens, 71 Pa. 161, 1873 ; Cook v. Motor Co., 225 Pa. 91, 1909; Keeper v. Mellot, 44 Pa. Super. 471, 1910; (see also (m), above) ; (o2) refusal to direct jury to reconsider evidence : Moser v. Mayberry, 7 Watts 12, 1838; (p2) granting or refusing new trial: Klein v. Ins. Co., 13 Pa. 247, 1850 ; Thompson v. Barkley, 27 Pa. 263, 1856; Stokes v. Burrell, 3 Grant 241, 1858; Cathcart v. Com., 37 Pa. 108, 1860; Howser v. Com., 51 Pa. 332, 1866; Gray v. Com., 101 Pa. 380, 1882; McManus v. Com., 91 Pa. 57, 1879; Louchheim v. Henzey, 9 W. N. C. 571, 1881 ; McGinnis v. Com., 102 Pa. 66, 1883 ; Alexander v. Com., 105 Pa. 1, 1884; McClain v. Com., 110 Pa. 263, 1885; Mc- Kenney v. Fawcett, 138 Pa. 344, 1890; Com. v. Fitzpatrick, 1 Pa. Super. 518, 1896; DeGrote v. DeGrote, 175 Pa. 50, 1897; Shanahan v. Ins. Co., "6 Pa. Super. 65, 1897; McNeile v. Cridland, 6 Pa. Super. 428, 1898; Com. v. Roddy, 184 Pa. 274, 1898; Com. v. Duff, 7 Pa. Super. 415, 1898; Palmer v. Publishing Co., 7 Pa. Super. 594, 1898; Reno v. Shallenberger, 8 Pa. Super. 436, 1898; Drenning v. Wesley, 189 Pa. 160, 1899 ; Com. v. Heidler, 191 Pa. 375, 1899 ; Woodward v. Traction Co., 17 Pa. Super. 576, 1901 ; Donoghue v. Traction Co7, 17 Pa. Super. 582, 1901; Slattery v. Supreme Tent, etc., 19 Pa. Super. 108, 1902; Com. v. Houghton, 22 Pa. Super. 52, 1903; Gazzam v. Reading, 202 Pa. 231, 1903; Stephens v. Gunzenhauser, 27 Pa. Super. 417, 1904; Pierce v. Barney, 209 Pa. 132, 1904; Mix v. N. American, 209 Pa. 636, 1904; McGiffin v. Grocery Co., 29 Pa. Super. 431, 1905; Carpenter v. Lan- caster, 212 Pa. 581, 1905 ; Com. v. Houghton, 31 Pa. Super. 528, 1906 ; 370 REVIEW ON APPEAL. 228-31 ] Discretion of Lower Court 228 ( 24 ) ( p2 ) - ( a3) Hanforth v. Ry., 213 Pa. 365, 1906; Dinan v. Supreme Council, 213 Pa. 489, 1906; Sternberg v. Sklaroff, 32 Pa. Super. 116, 1907; Com. v. Lombard!, 221 Pa. 31, 1908; Wirsing v. Smith, 222 Pa. 8, 1908; Com. v. Garrito, 222 Pa. 304, 1908; Stern v. Johnston, 38 Pa. Super. 1, 1909; Brown v. Waite, 38 Pa. Super. 216, 1909; Moyer v. Phillips, 40 Pa. Super. 1, 1909; Cameron v. Russell, 40 Pa. Super. 405, 1909; Goldstein v. Twp., 43 Pa. Super. 158, 1910 ; Weitz v. Banfield, 226 Pa. 241, 1910 ; Belber Trunk Co. v. Silberblatt, 44 Pa. Super. 32, 1910; Mellinger v. R. R., 229 Pa. 122, 1910; (q2) Act May 20, 1891, P. L. 101, 2 Purd. 1439, pi. 15, has not changed this: Smith v. Times Pub. Co., 178 Pa. 481, 1896 ; Marcy v. Brock, 207 Pa. 95, 1903 ; Murtland v. English, 214 Pa. 325, 1906; Com. v. Striepeke, 32 Pa. Super. 82, 1907; (see note (9), above) ; (r2) granting or refusing rehearing and modification by court of its decree or order: Moser v. Mayberry, 7 Watts 12, 1838; Reims 's Ap., 27 Pa. 42, 1857; KimmePs Ap., 2 W. N. C. 138, 1875; Kepner's Ap. 94 Pa. 74, 1880; Roddy's Ap., 99 Pa. 9, 1881; Mortimer's Ap., 9 W. N. C. 313, 1881; Baldwin's Ap., 112 Pa. 2, 1886; Lowenstein v. Ins. Co., 132 Pa. 410,1890; Lauck's Application, 2 Pa. Super. 53,1896; Fullerton v. Peabody, 2 Pa. Super. 145, 1896 ; Given v. Given, 25 Pa. Super. 467, 1908; Com. v. R. R., 28 Pa. Super. 173, 1905; Groff's Est, 36 Pa. Super. 140, 1908; Catts v. Catts, 37 Pa. Super. 598, 1908; Toy's Case, 224 Pa. 358, 1909; see also 74, note (1) (s), and (z3), this note, as to opening judgments; (s2) refusal to modify or set aside verdict: Com. v. Jongrass, 181 Pa. 172, 1897; Com. v. R. R., 28 Pa. Super. 173, 1905; White v. Ry., 215 Pa. 462, 1906; see also note (9), this section; (t2) recommending special verdict: Baltimore & Ohio R. R. v. School Dist., 30 P. L. J. 187, 1882; (u2) amending verdict: Cohn v. Scheuer, 115 Pa. 178, 1886; (v2) refusal to amend record; Kendig's Ap., 82 Pa. 68, 1872; (w2) approval and refusal of charters and amendments thereof; Vaux's Ap., 109 Pa. 497, 1885; Grand Lodge of A. 0. U. W., 110 Pa. 513, 1885; African M. E. Church, 28 Pa. Super. 193, 1905; (x2) dismissing exceptions to granting charter on ground of simi- larity of names: St. Joseph's Society, 35 Pa. Super. 80, 1908; (y2) allowance of alimony in divorce: Breinig v. Breinig, 26 Pa. 161, 1855; Waldron v. Waldron, 55 Pa. 231, 1866; McClurg's Ap., 66 Pa. 366, 1870; Fernald v. Fernald, 5 Pa. Super. 629, 1897; Jones v. Jones, 37 Pa. Super. 442, 1908; (z2) opening final decree in divorce on ground of after-discovered evidence: Catts v. Catts, 37 Pa. Super. 598, 1909; (a3) revoking final decree in divorce: Given v. Given, 25 Pa. Super. 371 REVIEW ON APPEAL. 228 (24) (b3)-(q3) Discretion of Lower Court [Chap. 15, 467, 1904; (b3) refusing mandamus: Com. v. Davis, 109 Pa. 128, 1885; Lehigh Coal Co.'s Ap., 112 Pa. 360, 1886; Lower Saucon Twp. v. Broadhed, 9 Atl. 63, 1887; Com. v. County, 133 Pa. 180, 1890; (c3) refusal to grant quo warranto: Com. v. McCarter, 98 Pa. 607, 1881; Com. v. Davis, 109 Pa. 128, 1885; (d3) appointment of road viewers and reviewers: Moore Twp. Road, 17 Pa. 116, 1851; Alle- ghany City Road, 1 Pitts. 67, 1853; McManus's Ap., 5 Pa. Super. 65, 1897; Overfield Twp. Rd., 25 Pa. Super. 5, 1904; (e3) setting aside or confirming report of road viewers: Fretz's Ap., 15 Pa. 397, 1851; North Penna. R. R. v. Davis, 26 Pa. 238, 1856 ; Chartiers Twp. Road, 1 Mona. 365, 1889; Ross Twp. Road, 5 Pa. Super. 85, 1897; (f3) questions of necessity or expediency of roads or bridges: White- marsh Road, 5 Pa. 101, 1847; Youghiogheny River Bridge, 2 Pa. Super. 265, 1896; (g3) approving bonds in condemnation proceedings: Stoever v. Immel, 1 Watts 258, 1832; Chew's Case, 8 W. & S. 375, 1845; Slocum's Ap., 12 W. N. C. 84, 1882; Erie County's Ap., 14 Atl. 44, 1888; Twelfth St. Market Co. v. R. R., 142 Pa. 580, 1891; McManus v. Turnpike Co., 5 Pa. Super. 65, 1897; Katharine Water Co.'s Case, 32 Pa. Super. 94, 1906; Pitts., etc., R. R. v. Gamble, 204 Pa. 198, 1902; (h3) appointing guardians: McCann's Ap., 49 Pa. 304, 1865; Gray's Ap., 96 Pa. 243, 1880; Potes's Ap., 106 Pa. 574, 1884; (i3) appointing or removing receivers : Misselwitz 's Case, 177 Pa. 359, 1896 ; Hilliard v. Supply Co., 221 Pa. 503, 1908; (J3) removal of committee of luna- tic: Black's Case, 18 Pa. 434, 1852; Dean's Ap., 90 Pa. 106, 1879; (k3) refusal to appoint sequestrator of life estate: Lancaster County Bank v. Stauffer, 10 Pa. 398, 1849; Lefever v. Witmer, 10 Pa. 505, 1849; (13) refusing to direct executor to make second application to sell realty unsold under former order by reason of incumbrance: Gamble v. Woods, 53 Pa. 158, 1866; (m3) confirming or refusing to set aside awards under agreements of reference : Fulweiler v. Baugher, 15 S. & R. 45, 1826; Kline v. Guthart, 2 P. & W. 490, 1831; Bemus v. Clark, 29 Pa. 251, 1857; (n3) recommitting report of referees: Gratz v. Phillips, 14 S. & R. 144, 1826; (o3) ordering distribution of funds: Com. v. Justice, 34 Pa. 165, 1859 ; Sykes v. Thornton, 152 Pa. 94, 1892 ; (p3) allowance of compensation to officers appointed by court: Tot- ten's Ap., 40 Pa. 385, 1861; Morris's Ap., 42 L. I. 395, 1885; Stockdale v. Maginn, 207 Pa. 226, 1903; Scott v. Carl, 24 Pa. Super, 460, 1904; Moore's Est., 211 Pa. 338, 1905; (q3) granting or refusing issue: Scheetz's Ap., 35 Pa. 88, 1860; Thompson's Ap., 103 Pa. 603, 1883; 372 REVIEW ON APPEAL. 228-31] Discretion of Lower Court 228 (24) (q3)-(z3) Knowles v. Jacobs, 4 Pa. Super. 268, 1897; Canavan v. Paye, 34 Pa. Super. 91, 1907; (r3) making up such issue: Neff v. Barr, 14 S. & R. 166, 1826; Palmer's Est., 132 Pa. 297, 1890; Knowles v. Jacobs, 4 Pa. Super. 268, 1897; (s3) granting or refusing liquor license: Toole's Appeal, 90 Pa. 376, 1879; Lauck's Ap., 2 Pa. Super. 53, 1896; Dono- ghue's License, 5 Pa. Super. 1, 1897; Miller's Ap., 8 Pa. Super. 223, 1898; Moyer's Ap., 8 Pa. Super. 475, 1898; Cramer's License, 23 Pa. Super. 596, 1904; Knoblauch's License, 28 Pa. Super. 323, 1905; De- Haven 's License, 31 Pa. Super. 335, 1906 ; Lippincott 's License, 44 Pa. Super. 459, 1910; (t3) refusing to grant rehearing in application for license: Lauck's Ap., 2 Pa. Super. 53, 1896; Alfonso's Case, 11 Pa- Super. 565, 1899; (u3) incorporation of boroughs under Act April 3, 1851, P. L. 320, 1 Purd. 492, pi. 79; Quakertown Boro., 3 Grant 203, 1855 ; Sewickley Boro., 36 Pa. 80, 1859 ; Osborne Boro., 101 Pa. 284, 1882; Moosic Boro., 12 Pa. Super. 353, 1899; Old Forge Boro., 12 Pa. Super. 359, 1899; Edgworth Boro., 25 Pa. Super. 554, 1904; Mill Creek Boro., 32 Pa. Super. 465, 1907; (v3) refusing requests to hear witnesses relative to freeing bridge from toll under Act May 8, 1876, P. L. 131, where such request was made after long delay: Moxham & Ferndale Bridge, 36 Pa. Super. 298, 1908; (w3) question of necessity of special court under Act April 14, 1834, P. L. 333, 37, Purd. 632 : Phila. Library Co. v. Ingham, 1 Whar. 72, 1836 ; Barrington v. Bank, 14 S. & R. 405, 1826; Ellmaker v. Buckley, 16 S. & R. 72, 1827; (x3) refusal of quarter sessions of permission to remove re- mains from burying ground, under Act May 12, 1887, P. L. 96, 1 Purd. 561, pi. 13: Zion's German Congregation, 1 Mona. 635, 1889; (y3) de- terminating scope of decree: Fullerton v. Peabody, 2 Pa. Super. 145, 1896; (z3) opening or refusing to open judgment: Bower v. Blessing, 8 S. & R. 243, 1822; Kalbach v. Fisher, 1 Rawle 323, 1829; Catlin v. Rob- inson, 2 Watts 373, 1834; Compher v. Anawalt, 2 Watts 490, 1834; Skidmore v. Bradford, 4 Pa. 296, 1847; McKee v. Sanford, 25 Pa. 105, 1855; Bunce v. Wightman, 29 Pa. 335, 1857; Hutchinson v. Ledlie, 36 Pa. 112, 1859; Ringwalt v. Brindle, 59 Pa. 51, 1868; Jones v. Dilworth, 63 Pa. 447, 1869; McClelland v. Pomeroy, 75 Pa. 410, 1S74; Hawkins v. Weightman, 1 W. N. C. 370, 1875; Landis v. Maher, 1 W. N. C. 407, 1875; People's Ins. Co. v. Hartshorne, 84 Pa. 453, 1877; Barley's Ap., 90 Pa. 321, 1879; Hickernell's Ap., 90 Pa. 328, 1879; Wernet's Ap., 91 Pa. 319, 1879; Kneedler's Ap., 92 Pa. 428, 1880; Babcock v. Day, 104 Pa. 4, 1883; Lyons v. Phillips, 106 Pa. 57, 1884; Griffith's Ap., 16 373 REVIEW ON APPEAL. 228 (24) (z3)-(i4) Discretion of Lower Court [Chap. 15, W. N. C. 249, 1885; Gaskill v. Crawford, 130 Pa. 28, 1889; Gibson v. Simmons, 134 Pa. 189, 1890; Homer v. Horner, 145 Pa. 258, 1892; Kelber v. Plow Co., 146 Pa. 485, 1892; Poster v. Carson, 147 Pa. 157, 1892; Com. v. Titman, 148 Pa. 168, 1892; Duane v. Addicks, 155 Pa. 124, 1893; Renwick v. Richardson, 5 Pa. Super. 202, 1897; Leader v. Dunlap, 6 Pa. Super. 243, 1897; Mullet v. Hensel, 7 Pa. Super. 524, 1898; Heilner v. Falls Co., 9 Pa. Super. 78, 1898; Walsh v. Ashford, 9 Pa. Super. 566, 1898; Huntington County Line, 11 Pa. Super. 386, 1899; Halahan v. Cassidy, 12 Pa. Super. 227, 1899; Green v. Boyd, 13 Pa. Super. 651, 1900; Jugsmith v. Rosenblatt, 15 Pa. Super. 296, 1900; Kaier Co. v. O'Brien, 202 Pa, 153, 1902; Whitecar v. Supreme Castle, 18 Pa. Super. 631, 1902; Zartman v. Spangler, 21 Pa. Super. 647, 1903; Woodward v. Carson, 208 Pa. 144, 1904; Roberts Machine Co. v. Kelly, 28 Pa. Super. 540, 1905; St. James B. & L. Asso. v. Kelly, 29 Pa. Super. 470, 1905; Augustine v. Wolf, 215 Pa. 558, 1906; McCul- lough v. Kinnan, 31 Pa. Super. 557, 1906; Blake Tobacco Co. v. Pos- luszsy, 31 Pa. Super. 602, 1906; Parrish v. Felts, 215 Pa. 654, 1906; Doyle v. Reiter, 32 Pa. Super. 251, 1907; Jay v. Amanter, 43 Pa. Super. 529, 1910; Atkins v. Grist, 44 Pa. Super. 310, 1910; Fox v. Toller, 229 Pa. 539, 1911 ; Jaffe v. Cooperman, 231 Pa. 219, 1911 ; see also 74, note (1) (s) ; (a4) imposing conditions or terms in opening judgment: Du- bois v. Glaub, 52 Pa. 238, 1866; Huston Ins. Co. v. Beale, 110 Pa. 321, 1885; Kelber v. Plow Co., 146 Pa, 485, 1892; (b4) striking off judg- ment: Shoup v. Shoup, 205 Pa. 22, 1903; (c4) striking off satisfaction of judgment: Gilmore v. Dunleavy, 6 Pa. Super. 603, 1898; Shoup v. Shoup, 205 Pa. 22, 1903; Campbell v. Erb, 35 Pa. Super. 436, 1908; (d4) allowance of set off of one judgment against another: Wellock v. Cowan, 16 S. & R. 318, 1827; Burns v. Thornburg, 3 Watts 78, 1834; Harris v. Harris, 35 L. I. 124, 1878; Leitz v. Hohman, 207 Pa. 289, 1904; (e4) taxing costs: Fidelity Co.'s Ap., 11 W. N. C. 104, 1882; Orbison's Ap., 22 W. N. C. 116, 1888; McCauley's Ap., 86 Pa. 187, 1878; Kelly's Case, 17 Pa. Super. 344, 1901; Hartley v. Weideman, 28 Pa. Super. 50, 1905; Com. v. Mitchell, 33 Pa. Super. 345, 1907; (f4) directing payment of costs of proceedings out of estate: Schaifer's Est., 155 Pa. 250, 1893 ; (g4) refusing to certify trespass as wilful and malicious to enable plaintiff to recover costs: Winger v. Rife, 101 Pa. 152, 1882; (h4) refusing resubmissions to grand jury of indictment imposing costs on prosecutor: Com. v. Charters, 20 Pa. Super. 599, 1902; (14) order of payment to or by receivers: Sykes v. Thornton, 374 REVIEW ox APPEAL. 228-31] Discretion of Lower Court 228 (24) ( j4)- (25) (a) 152 Pa. 94, 1892; (J4) issuing, staying and setting aside executions: Miller v. Milford, 2 S. & R. 35, 1815; Nicholas v. Wolfersberger, 5 S. & R. 167, 1819; Renninger v. Thompson, 6 S. &R. 1, 1820; Donald- son v. Danville Bank, 20 Pa. 245, 1853 ; Gamble v. Woods, 53 Pa. 158, 1866; Kelly v. Cover, 1 W. N. C. 467, 1875; Weidknecht v. Boyer, 2 W. N. C. 638, 1875; Newhart v. Wolfe, 2 Penny. 295, 1882; (k4) refusing order of sale: Robinson's Ap., 11 Pa. 412, 1849; (14) directing form of sci. fa. q. e. n. : Ramsey v. Ramsey, 15 Pa. Super. 214, 1900 ; (m4) con- firming or refusing to set aside sheriff's sales, or sales in partition proceedings: Sloan's Case, 8 Watts 194, 1839; Haslage's Ap., 37 Pa. 440, 1860; Laird v. McCarter, 2 W. N. C. 213, 1875; Hoffa's Ap., 82 Pa. 297, 1876; Griffith v. Edwards, 10 W. N. C. 271, 1881; Leonard v. Leonard, 20 W. N. C. 346, 1887; William's Est., 140 Pa. 187, 1891; Southwest Gas Co. v. Gas Co., 145 Pa, 13, 1892; Laird's Ap., 2 Pa. Super. 300, 1896; Stroup v. Raymond, 183 Pa. 279, 1897; Westmore- land B. & L. Asso. v. Nesbit, 21 Pa. Super. 150, 1902; Smith's Est., 207 Pa. 604, 1904; Haspel v. Lyons, 41 Pa. Super. 285, 1910; Yost v. Coyle, 226 Pa. 458, 1910; (n4) confirming sale under railroad mort- gage: Shellenberger v. R. R., 218 Pa. 159, 1907; (o4) annulling exceptions to false return of levari facias : 'Hara v. Baum, 1 Penny. 430, 1881; (p4) directing acknowledgment of sheriff's deed: Smith v. Hutchinson, 3 Walk. 254, 1882; (q4) refusal to moderate or remit for- feited recognizance: Bross v. Com., 71 Pa. 262, 1872; Com. v. Ob- lender, 135 Pa. 530, 536, 1890; Com. v. Fogelman, 3 Pa. Super. 566, 1897; Com. v. Harvey, 222 Pa. 214, 1908; (r4) distribution of proceeds of forfeited recognizance : Com. v. Justice, 34 Pa. 165, 1859 ; (si) while appellate court will not review on merits in order of contempt for vio- lating injunction, it must exercise supervisory power as to jurisdiction and legality of proceedings: Palmer v. School Board, 40 Pa. Super. 203, 1910. (25) Harmless Error Admission of Evidence, (a) Where it ap- pears from the record that the error assigned by the appellant could have worked no injury to him and could not have changed the result, the appellate court will not reverse. Thus, the appellate court will not reverse where evidence erroneously admitted was not prejudicial to appellant: Edgar v. Boies, 11 S. & R. 445, 1824; Boyd v. Boyd, 1 Watts 365, 1833; O'Donnell v. Lynch, 1 W. & S. 283, 1841; Postens v. Postens, 3 W. & S. 127, 1842; Bunting v. Young, 5 W. & S. 188, 1843; Reading R. R. v. Johnson, 7 W. & S. 317, 1844; Unangst v. Kraemer, 375 REVIEW ON APPEAL. 228 (25) (a)- (e) Harmless Error Admitting Evidence [Chap. 15, 8 W: & S. 391, 1845; Miles v. Stevens, 3 Pa. 21, 1846; Uplinger v. Bryan, 12 Pa. 219, 1849; Piper's Ap., 20 Pa. 67, 1852; Hood v. Hood, 2 Grant 229, 1858; Johns v. Batton, 30 Pa, 84, 1858; Brewster v. Sterrett, 32 Pa. 115, 1858; Burkholder v. Lapp, 31 Pa. 322, 1858; Ly- coming Ins. Co. v. Sailer, 67 Pa. 108, 1871; Kauch v. Scholl, 68 Pa. 234, 1871; Pittsburg etc., R. R. v. Caldwell, 74 Pa. 421, 1873; Brethren Aid Society v. McDermond, 12 W. N. C. 73, 1882; Lerch v. Snyder, 112 Pa. 161, 1886; Jones v. Kroll, 116 Pa. 85, 1887; Trego v. Pierce, 119 Pa. 139, 1888; Lewis v. Protheroe, 17 Atl. 200, 1889; Vulcanite Paving Company v. Ruch, 147 Pa. 251, 1892; Shepherd v. Busch, 154 Pa. 149, 1893; Malone v. R. R., 157 Pa. 430, 1893; Whitmire v. Montgomery, 165 Pa. 253, 1895; Patterson v. Gas Co., 172 Pa. 554, 1896; Powers v. Rich, 184 Pa. 325, 1898; Tenan v. Cain, 188 Pa. 242, 1898; Brown v. Kolb, 8 Pa. Super. 413, 1898; Keystone Cycle Co. v. Jones, 12 Pa. Su- per. 134, 1899; Woodward v. Traction Co., 17 Pa. Super. 576, 1901; Kennedy v. Oil Co., 199 Pa. 644, 1901 ; Wills v. Hardcastle, 19 Pa. Su- per. 525, 1902; Com. v. Craig, 19 Pa. Super. 81, 1902; Com. v. R. R., 23 Pa. Super. 235, 1903; Com. v. Lenousky, 206 Pa. 277, 1903; (b) and ap- pellate must show not only that an error was committed, but that he was injured thereby : Pittsburg Trust Co. v. Motheral, 8 Pa. Super. 433, 1898; Com. v. Kay, 14 Pa. Super. 376, 1900; Com. v. Craig, 19 Pa. Super. 81, 1902; Cox v. Wilson, 25 Pa. Super. 635, 1904; Schonhardt v. R. R., 210 Pa. 224, 1907; (c) admission of incompetent evidence is harmless where such error is in admitting secondary evidence and the writing is subsequently produced: Wolverton v. Hart, 7 S. & R. 278, 1821; Hart v. Gregg, 10 Watts, 185, 1840; Messner v. Lan- caster Co., 23 Pa. 291, 1854; Van Home v. Dick, 151 Pa. 341, 1893; Mulhearn v. Ruch, 24 Pa. Super. 483, 1904; (d) and admission of writing or other matter before proof of identity is cured by subse- quent proof: Morrell v. Express Co., 34 L. I. 321, 1877; Beardslee v. Township, 188 Pa. 496, 1898; (e) admission of incompetent evidence is harmless where the same facts which were the subject of the incom- petent testimony were subsequently established by competent and con- clusive testimony : Wolverton v. Hart, 7 S. & R. 273, 1821 ; Backestoss v. Com., 8 Watts 286, 1839; Hart v. Gregg, 10 Watts 185, 1840; O'Don- nell v. Lynch, 1 W. & S. 283, 1841; Gaskell v. Morris, 7 W. & S. 32, 1844; Evans v. Mengel, 3 Pa. 239, 1846; Wollenweber v. Ketterlinus, 17 Pa. 389, 1851; Kemmerer v. Edelman, 23 Pa. 143, 1854; Messner v. Lancaster Co., 23 Pa. 291, 1854; Powell v. Derrickson, 178 Pa. 612, 3/6 REVIEW ox APPEAL. 228-31] Harmless Error Admitting Evidence 228 (25) (e)-(p) 1897; Robbins v. Farwell, 193 Pa. 37, 1899; Stewart v. Machine Co., 200 Pa. 611, 1901; Shultz v. Seibel, 209 Pa. 27, 1903; Mulhearn v. Roach, 24 Pa. Super. 483, 1904; Com. v. Klein, 42 Pa. Super. 66, 1910; Coles 's Case, 230 Pa. 162, 1911; (f) unless it clearly appears that it tended to draw the minds of the jurors from the point in issue or to mislead them: Grier v. Borough, 6 Pa. Super. 542, 1898; Roland v. Eckman, 12 Pa. Super. 75,1899; (g) or where an envelope containing libelous letter is admitted without evidence of its authenticity, when letter was complete in itself and sufficiently proved: Aspell v. Smith, 134 Pa. 59, 1890; (h) evidence erroneously admitted but subse- quently withdrawn from the consideration of the jury before argu- ment is not ground for reversal : Miller v. Miller, 4 Pa. 317, 1846 ; Cad- wallader v. Brodie, 8 Sad. 609, 1888; Franklin Ins. Co. v. Gruver, 100 Pa. 266, 1882 ; Sidney Furniture Co. v. Warsaw Sch. Dist., 158 Pa. 35, 1892; Rathgebe v. R. R., 179 Pa. 31, 1897; Maust v. Creasy, 42 Pa. Super. 633, 1910; (i) if objectionable testimony is at once stricken out and it does not appear to have prejudiced appellant, court will not reverse: Mitchell v. Edeburn, 37 Pa. Super. 223, 1908; (j) but refusal to strike out incompetent evidence tending to prejudice jury will not be cured by instruction in general charge that such evi- dence be disregarded: Delaware & Hud. Canal Co. v. Barnes, 31 Pa. 193, 1858; Penna. R. R. v. Butler, 57 Pa. 335, 1868; Huntington R. R. v. Decker, 82 Pa. 119, 1876; Erie & N. W. R. R. v. Smith, 125 Pa. 259, 1889; Harmony v. R. R., 222 Pa. 631, 1909; (k) unless it appears from verdict that jury did disregard such evidence: see cases (a), this note; or that court or auditor hearing case were not influenced thereby: Breneman's Est., 65 Pa. 298, 1870; (1) or where verdict has rendered it immaterial : Bunce v. Stanford, 27 Pa. 265, 1856 ; Martz v. Traction Co., 14 Pa. Super. 90, 1900 ; see also notes (20) (i) and (22) (d2) ; (m) or where it could not have influenced the verdict : Peterson v. Speer, 29 Pa. 478, 1857; Patterson v. Gas Co., 37 W. N. C. 422, 1896; Closser v. Township, 11 Pa. Super. 112, 1899 ; Wills v. Hardcastle, 19 Pa. Super. 525, 1902; White v. R. R., 222 Pa. 534, 1909; (see also (a), this note) ; (n) or where jury were instructed that evidence erroneously admitted was insufficient to establish the fact for which it was given: Hood v. Hood, 2 Grant 229, 1858; (o) or where incompetent evidence was not the basis of any finding in the case: Countrymen's Est., 151 Pa. 577, 1892; (p) or where writing admitted was not involved in case: Wi- nans v. Bunnell, 13 Pa. Super. 445, 1900; (q) or where sheriff's return 377 REVIEW ON APPEAL. 228 (25) (q)- (26) (a) Harmless Error Admitting Evidence [Chap. 15, to writ of ejectment was allowed to be read in evidence, defendant having testified that he was in possession of disputed premises: Wilcox v. Snyder, 22 Pa. Super. 451, 1903; (r) or where such evi- dence was subsequently made legal in the course of the trial: Hannay v. Stewart, 6 Watts 487, 1837; Gaskell v. Morris, 7 W. & S. 32, 1844; see also (d) and (e), above) ; (s) or where appellant had previously allowed his own witness to testify to alleged irrelevant matters: Schriver v. Eckenrod, 1 Penny. 55, 1881; Shannon v. Castner, 21 Pa. Super. 294, 1902; (t) or where incompetent evidence subsequently becomes competent: Morrell v. Express Co., 34 L. I. 321, 1877; Cam v. Fillman, 10 W. N. C. 152, 1881 ; Laird v. Campbell, 100 Pa. 159, 1882; Colonial Trust Co. v. Getz, 28 Pa. Super. 619, 1905; (u) where point is ruled both ways, but erron- eous ruling was last and error appears to have been harmful, case will be reversed: Rice v. Com. 100 Pa. 28, 1882; (v) where an im- proper question is unanswered, court will not reverse: Allen v. Ros- tain, 11 S. & R. 362, 1824; Penna. Bank v. Haldeman, 1 P. & W. 161 1829; Lewis v. Baker, 5 Rawle 114, 1835; Phelin v. Kenderdine, 20 Pa. 354, 1853; Musser v. Ry., 176 Pa. 621, 1896; Com. v. Smith, 2 Pa. Super. 474, 1896; (w) so also, where it is answered in such a manner as to cause no injury to appellant : Dean v. Herrold, 37 Pa. 150, 1860 ; Scott v. Baker, 37 Pa. 330, 1860; Haupt v. Haupt, 15 Atl. 700, 1888; (x) refusal to strike out speculative answer of witness which is meaningless is harmless error: White v. R. R., 222 Pa. 534, 1908; (y) appellate court will not reverse because evidence which should have been used in rebuttal was allowed to be introduced in examination- in-chief : Fisher v. Ruch, 12 Pa. Super. 240, 1899; see also note (24) (a2), (d2), above, for discretion of lower court as to order of admitting testimony; (z) or where answer to testimony which court refused to strike out, when taken in connection with other testimony, could not have harmed appellant: McKnight v. Newell, 207 Pa. 562, 1904; (a2) or where paper is offered to be followed by other proof which is not produced, if paper did no harm and there was no motion to strike out or instruct jury to disregard it : Schmeitzer v. Williams, 43 Pa, Super. 202. (26) Exclusion of Evidence, (a) Appellate court will not re- verse where evidence erroneously excluded would not have benefited appellant if admitted : Ely v. Hager, 3 Pa. 154, 1846 ; Irwin v. Trego, 22 Pa. 368, 1853; Evans v. See, 23 Pa. 88, 1854; Wright v. Wood, 378 REVIEW ON APPEAL. 228-31] Harmless Error Excluding Evidence 228 (26) (a) -(27) 23 Pa. 120, 1854; Thomas v. Mann, 28 Pa. 520, 1857; Walthour v. Spangler, 31 Pa. 523, 1858; Hill v. Meyers, 43 Pa. 170, 1862; Huber v. Townsend, 34 L. I. 178, 1877; Galbraith v. Zimmerman, 100 Pa. 374, 1882; Zeigler v. Handrick, 106 Pa. 87, 1884; Hoar v. Leaman, 15 Atl. 716, 1888; Worrall v. Pyle, 132 Pa. 529, 1890; Collins v. Houston, 138 Pa. 481, 1891; Commonwealth Title Ins. Co. v. Gray, 150 Pa. 255, 1892; Coates v. Wallace, 4 Pa. Super. 253, 1897; Powell v. Derickson, 178 Pa. 612, 1897; (b) evidence which has been improperly rejected but subsequently admitted or where the party later testifies to substanti- ally the same facts, it is not ground for reversal : Grouse v. Miller, 10 S. & R. 155, 1823; D'Homergue v. Morgan, 3 Whar. 26, 1837; Smull v. Jones, 6 W. & S. 122, 1843; Wertz v. May, 21 Pa. 274, 1853; Rogers v. Kichline, 36 Pa. 293, 1861; Worrall v. Pyle, 132 Pa. 529, 1890; Collins v. Houston, 138 Pa. 481, 1891; Commonwealth Title Co. v. Gray, 150 Pa. 255, 1892; Nesbitt v. Turner, 155 Pa. 429, 1893; Mitchell v. Logan, 37 W. N. C. 398, 1896; Powell v. Ins. Co., 2 Pa. Super. 151, 1896; Coates v. Wallace, 4 Pa. Super. 253, 1897; Spotts v. Spotts, 4 Pa. Super. 448, 1897; Powell v. Derickson, 178 Pa. 612, 1897; Com. v. Little, 12 Pa. Super. 636, 1899; Acklin v. Oil Co., 201 Pa. 257, 1902; Fitzpatrick v. Traction Co., 206 Pa. 335, 1903; Hicks v. Harbison Co., 212 Pa. 437, 1905; Hollidaysburg Seminary v. Gray, 45 Pa. Su- per. 426, 1911; (c) rejection of competent evidence is harmless where offer was as to condition of injured plaintiff and jury found for defendant: Bernstein v. Ernst, 194 Pa. 432, 1900; (d) or where complaining party was given every benefit that admission of evidence would have given him : Sheehan v. Rosen, 12 Pa. Super. 298, 1899 ; (e) or where offer related to damages caused by failure of plaintiff to de- liver goods within reasonable time, when jury found they were deliv- ered within time: McHenry v. Bulifant, 207 Pa. 15, 1903; (f) or where offer was to prove a fact afterwards found in favor of party making offer: Wright v. Wood, 23 Pa. 120, 1854; (g) or where it could not have changed the result: see cases (a), above; (h) or where evidence would have entitled the party at most to merely nominal damages: Hosie v. Gray, 71 Pa. 198, 1872; (i) or where offer was to prove an impossible fact: Cauley v. R. R., 98 Pa. 498, 1881; (j) or where deposition offered would have been insufficient to prove fact for which it was offered: Galbraith v. Zimmerman, 100 Pa. 374, 1882. (27) Irregularities in Pleadings, (a) Irregularities in pleadings are considered harmless error when it clearly appears that appellant 379 REVIEW ON APPEAL. 228 (27) (a)-(28) (g) Harmless Error Pleadings [Chap. 15, was not prejudiced thereby: Com. v. Pennock, 3 S. & R. 199, 1817; Gates v. Johnston, 3 Pa. 52, 1846 ; Com. v. McWilliams, 11 Pa. 61, 1849 ; Harley v. Ins. Co., 21 W. N. C. 403, 1888; Scranton Sch. Dist. v. Simpson, 133 Pa. 202, 1890; (b) and to take advantage of such ir- regularities in such case, appellant must show affirmatively that he was injured: Kiser v. Vanleer, 2 W. N. C. 561, 1874; (c) otherwise such formal defects will be treated as amended on appeal: Harley v. Ins. Co., 21 W. N. C. 403, 1888; (d) thus a decree dismissing bill in equity will not be reversed because amendment was refused, where it appears allowance thereof would not have changed the result : Yocum v. Bank, 195 Pa. 411, 1900; (e) and irregularity in granting prelimi- nary rule in mandamus will be considered harmless where the right is clear: Com. v. Fleming, 23 Pa. Super. 404, 1903; (f) refusal to sub- stitute parties in action is harmless if appellant was not affected: Dotts v. Fetzer, 9 Pa. 88, 1848; Alden v. Grove, 18 Pa. 377, 1852; (g) so also an allowance of plea in abatement during trial: Murphy v. Chase, 103 Pa. 260, 1883; (h) neglect to file replication is harmless where trial was had on merits: Thompson v. Cross, 16 S. & E. 350, 1827; Bailey v. Coal Co., 139 Pa. 213, 1891; (i) or making petitioner plaintiff instead of defendant in issue in ejectment under Act June 10, 1893, P. L. 415, 4 Purd. 3992, pi. 7, if no damage is shown : Kimmel v. Shaffer, 219 Pa. 375, 1908; (j) a statement in pleadings which would have been fatal on demurrer is cured by verdict where issue was such as necessarily required proof of omitted fact: Weinberger v. Shelly, 6 W. & S. 336, 1843; Quick v. Miller, 103 Pa. 67, 1883; see 232. (28) Clerical Errors. There will be no reversal for clerical errors which do not harm appellant. For example, (a) a mistake in caption as to term and number: Centreville Sch. Dist. Case, 3 W. N. C. 75, 1875; Com. v. Gibbons, 3 Pa. Super. 408, 1897; (b) failure to enter judgment on record: Shaw v. Boyd, 12 Pa. 215, 1849; (c) mistake of trivial amount in judgment: McFait's Ap., 8 Pa. 290, 1848; (d) clerical errors will be corrected by appellate court: Prevost v. Nicholls, 4 Yeates, 479, 1808; Peddle v. Hollinshead, 9 S. & R. 277, 1832; Flanigan v. Wetherill, 5 Whar. 280, 1839; Guthrie v. Reid, 107 Pa. 251, 1884; Brothers v. Mitchell, 157 Pa. 484, 1893; (e) this applies to recognizance of bail to wrong party: Welch v. Vanbebber, 4 Yeates 559, 1808 ; (f ) defective assignment of error on appeal : Zim- merman v. Camp, 155 Pa. 152, 1893; (g) or irregular order of dispo- sition of case in lower court: Campbell v. Floyd, 153 Pa. 84, 1893; 380 REVIEW ON APPEAL. 228-31] Harmless Error Clerical Trial 228 (28) (h)-(29) (m) (h) but tendency of appellate court is to allow lower court to amend its own record: Park v. Holmes, 147 Pa. 497, 1892; (i) such amend- ment will not be allowed after a long period of time: Ullery v. Clark, 18 Pa. 148, 1852; Seibert's Ap., 2 W. N. C. 557, 1874; see (12) and (13), this section, and 232. (29) Matters Happening on Trial, (a) Judgment will not be re- versed for harmless error in the charge: see cases under note (20) (i), et seq., this section; (b) or because court gave wrong reason for correct decision : Rupp v. Orr, 31 Pa. 517, 1858 ; Susquehanna Ins. Co. v. Gackenbach, 115 Pa. 492, 1886; Wenger's Est., 2 Pa. Super. 611, 1896; Jeanette Mills v. Greenwalt, 11 Pa. Super. 157, 1899; Clegg v. Steel Co., 34 Pa. Super. 63, 1907; see also cases note (2) (h), this sec- tion; (c) or for erroneous refusal to allow defendant to add plea of statute of limitations : Schmoyer v. Schmoyer, 17 Pa. 520, 1851 ; (d) or to allow certain evidence to be taken out by jury : McCully v. Barr, 17 S. & R. 445, 1828; (e) or for requiring counsel to address jury in reverse order: Staub v. Wolfe, 4 Penny. 280, 1884; Pittsburg Engine Co. v. Mfg. Co., 43 Pa. Super. 485, 489, 1910; see also note (24) (j2), above ; (f ) or for submitting question of law to jury : Pardee v. Orvis, 103 Pa. 451, 1883; Guthrie v. Reid, 107 Pa. 251, 1884; (g) or mistake in order of reference : Christy 's Ap., 92 Pa. 157, 1879 ; (h) or for erron- eous grant of petition to review account of administrator more than five years after confirmation: Jones's Ap., 99 Pa. 124, 1881; (i) court will not reverse for refusal of lower court to withdraw juror for im- proper remarks of counsel when verdict was not excessive and court in- structed jury to disregard statements : Moore v. Neubert, 21 Pa. Super. 144, 1902; Shaffer v. Coleman, 35 Pa. Super. 386, 1908; Behrens v. Mountz, 37 Pa. Super. 326, 1908. For other cases on remarks of coun- sel, see note (16), above; (j) but where in murder case clear error appears in instructions, appellate court can not say as matter of law that no harm was done: Com. v. Deitrick, 218 Pa. 36, 1907; (k) court will reverse if amount of former verdict or award is mentioned to jury : Reese v. Hershey, 163 Pa. 253, 1894; Quinn v. Transit Co., 224 Pa. 162, 1909; Hollinger v. R. R., 225 Pa. 419, 1909; Carothers v. Ry., 229 Pa. 558, 1910; Vivian v. Challenger, 45 Pa. Super. 1, 1911; (1) unless it clearly appears no harm was done: Williams v. Meadville, 31 Pa. Super. 580, 1906; Brenisholtz v. R. R., 229 Pa. 1910; (m) superfluous wording in verdict will be disregarded and verdict treated as if mould- ed in proper form by lower court, where it clearly appears what jury REVIEW ON APPEAL. 228 (29) (m)- (30) (j) Waiver of Error [Chap. 15, intended: Schmeitzer v. Williams, 43 Pa. Super. 302, 1910; see also notes (17) (f), (19) and (23), above, this section. (30) Waiver, (a) Where a party has failed to insist on a legal right or to except to a refusal of the trial judge to grant such right, he will be deemed to have waived it and cannot set it up on appeal: Maus v. Maus, 6 Watts 275, 1837; McLean v. Bindley, 114 Pa. 559, 1886; Bearmer's Ap., 126 Pa. 77, 1889; (b) this rule applies to defects in pleadings: Collum v. Andrews, 6 Watts 516, 1837; State Ins. Co. v. Todd, 83 Pa. 272, 1877; Goodwin v. Slusher, 3 Sad. 464, 1886; Bandel v. Erickson, 3 Pa. Super. 389, 1897 ; McGonnigle v. McGonnigle, 5 Pa. Super. 168, 178, 1897; Ellis v. Society, 16 Pa. Super. 607, 1901; Schofield v. Lafferty, 17 Pa. Super. 8, 1901; (c) mis-joinder or non- joinder of parties: Phila., W. & B. B. B. v. Conway, 112 Pa. 511, 1886; Kelley v. Kelley, 182 Pa. 131, 1897; (d) disposition or form of points reserved: Northumberland County Bank v. Eyer, 60 Pa. 436, 1869; Yard v. Pancoast, 108 Pa. 384, 1884; Brown v. Pittsburg, 1 Mona. 8, 1888; Headley v. Renner, 129 Pa. 542, 1889; Fulton v. Peters, 137 Pa. 613, 1890; Blake v. Metzgar, 150 Pa. 291, 1892; Heany v. Swartz, 155 Pa. 154, 1893; Ginther v. Boro., 3 Pa. Super. 403, 1897; Evesson v. Ziegf eld, 22 Pa. Super. 79, 1903 ; (e) entry of conditional judgment : Johnson v. Carver, 175 Pa. 200, 1896; (f) appearance of defendant waives irregularity in process : Stroup v. McClure, 4 Yeates 523, 1808 ; Benjamin v. Armstrong, 2 S. & R. 392, 1816; Zion Church v. St. Peters, 5 W. & S. 215, 1843; Smith v. Hewson, 1 Am. L. Reg. 441, 1852; Sherer v. Bank, 33 Pa. 134, 1859; Lorenz v. King, 38 Pa. 93, 1861; Memphis v. Wilcox, 48 Pa. 161, 1864; Schober v. Mather, 49 Pa. 21, 1865; Lupton v. Moore, 101 Pa. 318, 1882; Miller v. Warden, 111 Pa. 300, 1886; Wisecarver v. Braden, 146 Pa. 42, 1892; Kennedy v. Erdman, 150 Pa. 427, 1892; Wright v. Milliken, 152 Pa. 507, 1893; (g) allowing affirmance of judgment for want of appearance in ap- peal from justice is waiver of errors in proceedings before justice: Elkinton v. Fennimore, 13 Pa. 173, 1850; (h) when before close of case court offers to admit deposition previously improperly rejected, failure to take advantage of such offer is waiver of right to assign prior rejection for error: D'Homergue v. Morgan, 3 Whar. 26, 1837; (i) delay in asking for amendment will be deemed a waiver: Jackson v. Thompson, 203 Pa. 622, 1902; (j) a proceeding adopted at instance of party cannot be assigned as error : Wills v. Kane, 2 Grant 60, 1853 ; (k) where court opens judgment on terms but refuses to strike it off, 382 REVIEW ON APPEAL. 228-31] Waiver of Error 228 (30) (k)-229 trial of case is not a waiver by defendant of right to object to refusal to strike off judgment: Post v. Wallace, 110 Pa. 121, 1885; (1) that another party to action has waived a matter intended for his benefit alone, cannot be assigned for error: Prevost v. Nicholls, 4 Yeates, 479, 1908; (m) voluntary acceptance of decree or finding is waiver of right to object thereto: Baily v. Baily, 44 Pa. 274, 1863; Agnew's Ap., 3 Walk. 320, 1883; Gibson's Ap., 108 Pa. 244, 1885; Scranton Bldg. Asso. v. Rauck, 9 Sad. 619, 1888; (n) agreement by counsel to waive exceptions will be enforced : Baring v. Shippen, 2 Bin. 154, 1809 ; (o) failure to file affidavit that appeal is not for delay is waived by failing to object and depending on merit: Heckert's Ap., 13 S. & R. 104, 1825. (31) Estoppel, (a) Appellant is estopped from alleging anything in contradiction of the record : Werf el v. Com., 5 Binn. 65, 1812 ; Brin- dle v. Mcllvaine, 9 S. & R. 74, 1822; Taylor v. Com., 44 Pa. 131, 1862; Com. v. Walter, 86 Pa. 15, 1877; Hoar v. Flegal, 1 Penny. 208, 1881; Beringer v. Lutz, 179 Pa. 1, 1897; (b) one who has examined an account and asked for its confirmation cannot appeal on ground of error in distribution: Sherwood's Est., 206 Pa. 465, 1903; (c) a party may not complain of an error for which he is responsible or to which he contributed: Pantall v. Iron Co., 204 Pa. 158, 1903; (d) and one who asked for binding instructions cannot thereafter complain of it: Pritchett v. Cook, 62 Pa. 193, 1869; (e) where a party fails to insist on his right to a continuance on account of absence of material witness whose evidence was first rejected but subsequently admitted, and takes his chance on a verdict, he cannot subsequently assign the re- jection of the testimony as error: Welsh v. Speakman, 8 W. & S. 257, 1844; (f) a party is not estopped by verbal statement of counsel as to construction of writing when offering such writing in evidence: Hoff- man v. R. R., 143 Pa. 503, 1891; s. c. 157 Pa. 174, 1893; (g) where case is tried before court without a jury question of estoppel is one of fact for court : Fuller v. Weaver, 175 Pa. 182, 1896. 229. Review on Merits in Appeals from Orphans' Court (A) The Supreme Court of this commonwealth shall, in all cases of appeal from the definitive sentence or decree of the orphans' court, hear and determine the same as to right and justice may belong; and refer the same to 383 REVIEW ON APPEAL. 229 Merits in Orphans' Court [Chap. 15, auditors where, in their discretion, they may think proper. Act April 14, 1835, 4, P. L. 276, 3 Purd. 3384, pi. 69. (B) It shall be the duty of the Supreme Court of this commonwealth in all cases of appeals now made, or that may hereafter be taken from the decrees of the several orphans' court, to hear, try and determine the merits of such cases, and to decree according to the justice and equity thereof. Act June 16, 1836, 2, P. L. 683, 3 Purd. 3385, pi. 70. [Both Acts apply to Superior Court now.] (1) Reference to Auditors Rehearing, (a) The Supreme Court may use its discretion in referring case to auditors: Hise's Est., 5 Watts 157, 1836; Shenck's Ac., 5 Watts 84, 1836; Lentz's Ac., 5 Pa. 103, 1847; Eyster's Ap., 16 Pa. 372, 1851; (b) in exercising such dis- cretion, the court should be governed by rules regulating granting new trials on after-discovered evidence: Kittera's Est., 17 Pa. 416, 1832; (c) court may also award issue to try disputed facts: Walker's Est., 3 Rawle 243, 1832; (d) where record is so irregular that Supreme Court cannot decide case, it may refer it to auditor or reverse decree and remit record for further hearing : Stewart 's Ap., 86 Pa. 149, 1878. (2) Review Remanding Case to Lower Court, (a) Appellate court will re-examine whole proceedings, even though no writ of error has been taken to part, and will decide same according to jus- tice and equity without strict regard to objections taken or errors as- signed: Finney's Ap., 37 Pa. 323, 1860; Bierly's Est., 81* Pa. 419, 1876; Christy's Ap., 92 Pa. 157, 1879; Bull's Ap., 108 Pa. 604, 1885; Mulf air's Ap., 110 Pa. 402, 1885; Drennan's Est., 118 Pa. 176, 1888; (b) and it may modify decree of orphans' court by reason of events occurring since decree: Stone's Ap., 23 W. N. C. 283, 1889; (c) but court will not reverse unless error is clearly shown: Eslen's Est., 30 Pa. Super. 475, 1906; Compton's Est., 30 Pa. Super. 605, 1906; Yeag- er's Est., 31 Pa. Super. 202, 1906; (see 228, above, note (18) (k) and (1) ; (d) and whole proceeding will be examined, notwithstanding writ of error taken to feigned issue : Hallowell 's Ap., 20 Pa. 215, 1848 ; (e) and latter proceeding may be re-examined on appeal from final decree, though no writ of error was taken : Finney 's Ap., 37 Pa. 323, 1860; (f) after affirmance, record is returned to orphans' court for execution only: Robinson's Ap., 62 Pa. 213, 1869; (g) and where court 384 REVIEW ON APPEAL. 228-31] Capital Cases 230 remands case for purpose of taking evidence on particular point, lower court is limited by such order and cannot review entire case: Brown's Est., 213 Pa. 604, 1906; (h) appellate court, on finding a trustee insolvent, will order him to enter security before money is paid over to him: Deaven's Est., 32 Pa. Super. 205, 1907 j (i) the Act of 1836 extends only to appeals from orphans' court and not to appeals from report of auditors in insolvent estate: Stoever's Ap., 3 W. & S. 154, 1842. 230. Review of Law and Evidence in Capital Cases. In all cases of murder in the first degree, removed into the Supreme Court under the provisions of the first section of this act, or now pending in the said court, it shall be the duty of the judges thereof to review both the law and the evidence, and to determine whether the ingredients neces- sary to constitute murder in the first degree shall have been proved to exist; and if not so proved, then to reverse the judgment and send the same back for a new trial, or to enter such judgment as the laws of this commonwealth re- quire. Act Feb. 15, 1870, 2, P. L. 15, 2 Purd. 1465, pi. 89. (1) Criminal Cases Review of Evidence, (a) Under Act of Feb. 15, 1870, P. L. 15, above, the appellate court may review the law and the evidence in cases of first degree murder, and may either send the case back for a new trial or enter such judgment as they may deem proper: Staup v. Com., 74 Pa. 458, 1874; Jones v. Com., 75 Pa. 403, 1874; MeGinnis v. Com., 102 Pa. 66, 1883; (b) but in such cases court can not review question of guilt or innocence and say whether or not the evidence should have been believed, but will only determine whether or not ingredients of first degree murder exist: Grant v. Com., 71 Pa. 495, 1872; Staup v. Com., 74 Pa. 458, 1873; Mc- Cue v. Com., 78 Pa. 185, 1875 ; Meyers v. Com., 83 Pa. 171, 1876 ; Com. v. Morrison, 193 Pa. 613, 1899; Com. v. Bubnis, 197 Pa. 542, 1901; Com. v. Garrito, 222 Pa. 304, 1908; (see also 149, 151 and notes) ; (c) in other criminal cases, court will not review sufficiency of evi- dence, but will follow the rules applicable to review of civil cases and will consider only matters excepted to and made part of the record: Vanpool v. Com., 13 Pa. 391, 1850; (see 228, note (18), and 149 and 385 25 REVIEW ON APPEAL. 231 Road Cases [Chap. 15, 151) ; (d) where evidence is not before appellate court, it cannot re- verse on the ground that the crime as shown by evidence does not amount to that charged in indictment : Com. v. Moore, 99 Pa. 570, 1882 ; (e) when defendant has been acquitted of felony, appellate court can- not reverse and award new trial : Com. v. Steimling, 156 Pa. 400, 1893 ; (f) on appeal in extradition, only regularity of proceedings will be considered: Thatcher's Case, 18 Pa. Super. 533, 1902; Com. v. Supt. County Prison, 33 Pa. Super. 594, 1907; Com. v. Hare, 36 Pa. Super. 125, 1908; (g) an erroneous sentence may be corrected or may be reversed and sent back for proper sentence without affecting trial and conviction: Drew v. Com., 1 Whar. 279, 1835; Daniels v. Com., 7 Pa. 371, 1848; Johnson v. Com., 24 Pa. 386, 1855; Beale v. Com., 25 Pa. 11, 1855; Com. v. Barge, 11 Pa. Super. 164, 1899; Com. v. Shoener, 25 Pa. Super. 526, 1904; (h) where one term of im- prisonment is made to begin at end of another and judgment in first term is reversed, court may change beginning of second term: Mills v. Com., 13 Pa. 630, 1850. 231. Merits of Case not to be Considered in Road Cases. Where an appeal is taken from any order, judg- ment or proceedings in relation to a public or private road, the appellate court will not consider the merits of the case nor reverse the order of the court of quarter sessions, ex- cept for some irregularity apparent on the record, or be- cause the court below have exceeded their jurisdiction, or have erred in their judgment in point of law. See note be- low. (1) Merits not Eeviewable. (a) In appeals in road cases, merits of case will not be considered, and court will reverse only for irregu- larity of record, want of jurisdiction or error in point of law : Hamil- ton St. Case, 148 Pa. 640, 1892; Keller's Private Eoad, 154 Pa. 547, 1893; Jefferson Twp. Road, 3 Pa. Super. 467, 1897; Glenfield Boro. Road, 5 Pa. Super. 222, 1897; Shetler's Ap., 7 Pa. Super. 548, 1898; Manheim Twp. Road, 12 Pa, Super. 279, 1899 ; Dennison Twp. Road, 13 Pa. Super. 227, 1900; Fifty-fifth St. Case, 16 Pa. Super. 133, 1901; Hector Twp. Road, 19 Pa. Super. 1, 1902; Stowe Twp., 20 Pa. Super. 404, 1902; Rostraver Rd., 21 Pa. Super. 195, 1902; West Done- gal Twp. Road, 21 Pa. Super. 620, 1902; Daughters of Revolution v. 386 REVIEW ON APPEAL. 228-31] Road Cases 231 Schenley, 204 Pa. 572, 1903 ; West Pikeland Twp. Road, 38 Pa. Super. 466, 1909; (b) question of damages cannot be considered but must be settled by appeal to common pleas: Morrison's Cove Tpk. Rd., 30 Pa. Super. 51, 1906. 387 AMENDMENTS. 232 (1) (a)- (b) What Defects Amendable [Chap. 16, CHAPTER XVI. AMENDMENTS QUASHING NON-PROS ABATEMENT DISCONTINUANCE. 232. Amendments. 233. Quashing writ. 234. Non-ProsNon-Suit. 235. Abatement Action to Survive to Personal Representatives. 236. Discontinuance. 232. Amendments. All writs of error wherein there shall be any variance from the original record, may be amended and made agreeable to such record by the respec- tive courts where such writs of error were made return- able. Statute of 5 Geo. I, c. 13, Rob. Dig. 48. (1) Defects Amendable, (a) Recognizance of bail to wrong party: Welch v. Vanbebber, 4 Yeates 559, 1808; (b) suggestion of death of party and substitution of representative: Prevost v. Nichols, 4 Yeates 479, 1808; Hill v. Wist, 1 Bin. 486, 1808; Darlington v. Speakman, 9 W. & S. 182, 1845; (c) insertion of too many plaintiffs: Guhr v. Chambers, 8 S. & R. 157, 1822; (d) wrong description of par- ties on record: Finney v. Crawford, 2 Watts 294, 1834; (e) mis- joinder or non-joinder of parties: Hoskinson v. Elliot, 62 Pa. 393, 1869; Fritz v. Heyl, 93 Pa. 77, 1880; Feig v. Meyers, 13 W. N. C. 123, 1882; (f) in action for death of infant under Act April 26, 1855, P. L. 309, 3 Purd. 3241, pi. 4, where recovery was had in name of father alone, record may be amended after trial and verdict by joining mother as plaintiff: Bracken v. R. R., 32 Pa. Super. 22, 1907; Davis v. R. R., 34 Pa. Super. 388, 1907; (g) and such amendment may be made even after appeal and reversal, on case being called for second trial: Bracken v. R. R., 222 Pa. 410, 1909; (h) omission of month in writ: Mossman v. Higginson, 4 Dall. 12, 1800; Reed v. Collins, 5 S. & R. 351, 1819; (i) omission in writ of levari facias of command to levy: 388 AMENDMENTS QUASHING WRITS. 232-6] What Defects Amendable Waiver 232 ( 1 ) ( i ) - 233 Peddle v. Hollinshead, 9 S. & R. 277, 1823; (j) form of verdict in at- tachment : Flanagin v. Wetherill, 5 Whart. 280, 1840 ; (k) liquidation of judgments against partners before final disposition of case : Camp- bell v. Floyd, 153 Pa. 84, 1893; (1) evidence in full not given in as- signment of error: Zimmerman v. Camp, 155 Pa. 152, 1893; (m) counts in declaration, additional counts being presumed to have been filed with leave of court below, record not showing contrary: Good- man v. Gay, 15 Pa. 188, 1850; (n) amount of damages laid, where justice requires it: Trego v. Lewis, 58 Pa. 463, 1865; (o) failure to file declaration: Jones v. Freyer, 3 W. N. C. 365, 1877; (p) statement not conforming to evidence: Kroegher v. McConway Torley Co., 149 Pa. 444, 1892; Kirchner v. Smith, 207 Pa. 431, 1904; Elder Twp. Dist. v. R. R., 26 Pa. Super. 112, 1904; (q) praecipe in ejectment: Brothers v. Mitchell, 157 Pa. 484, 1893; see also 228, notes (12), (13), (27) and (28), in regard to clerical and technical errors. (2) Defects not Amendable, (a) After long period of time: Ullery v. Clark, 18 Pa. 148, 1851; Seibert's Ap., 2 W. N. C. 557, 1876; (b) amendments which will supersede original proceedings: Seibert's Ap., 2 W. N. C. 557, 1876; (c) record of court below when it would be unfair to appellant : Park v. Holmes, 147 Pa. 497, 1892. (3) Waiver of Objection to Amendment, (a) Record may be amended by court below after issuing of writ and before return-day if record has not actually been removed and any irregularity is waived unless objected to at time of hearing in Supreme Court: Church's Ap., 103 Pa. 263, 1883; Gunn v. Bowers, 126 Pa. 552, 1889; Green v. Paint Co., 25 Pa. Super. 415, 1904; (b) record removed on writ of error is still within reach of court below until return-day for purpose of amending clerical or unquestionable errors: Gunn v. Bow- ers, 126 Pa. 552, 1889. 233. Quashing Writ. In general, a writ may be quashed for any defect or irregularity in the proceedings which cannot be amended, or for any matters which estop appellant from prosecuting his appeal. This is usually done by motion of counsel made at the proper time, although it may be by suggestion of the appellate court. For reference to Acts of Assembly or rules of court providing for quash- 389 QUASHING NON-PROS ABATEMENT. 233-5 Time for Quashing, etc. [Chap. 16, ing of writ for failure to comply therewith, see index, under appropriate subjects. (1) Time for Quashing Practice, (a) A copy of the motion should be served on the attorney for the opposite party. As argu- ment on motion to quash and on the appeal will usually be heard at the same time, i. e., when the case is reached on the regular list, two sets of paper-books should be prepared, one on the motion to quash and the other on the merits of the appeal. When error is apparent on record, writ may be quashed before return-day: Davis v. Hood, 13 Pa. 171, 1850; (b) lapse of two terms will bar motion to quash: Cooke v. Reinhart, 1 Rawle 317, 1829; (c) but motion to quash on ground that writ issued for purpose of delay will not be considered until case is reached on regular list : Moodie v. Bank, 1 W. N. C. 324, 1875; Seymour v. Herbert, 2 W. N. C. 363, 1876. (2) Motion by Court, (a) Motion to quash may be suggested by court : Ewing v. Filley, 43 Pa. 384, 1862 ; (b) especially if injustice is likely to be done : Downing v. Baldwin, 1 S. & R. 298, 1815. (3) Eights of Third Parties. On motion to quash, only rights of parties will be considered and not rights of creditors: Gallagher v. Miller, 2 W. N. C. 241, 1876. For cases illustrating grounds for quashing for non-compliance with Acts of Assembly and rules of court relating to practice, see respec- tive headings. 234. Non-Pros. The Superior Court may non-pros any suit for want of due prosecution Act June 24, 1895, 8, P. L. 212, 4 Purd. 4504, pi. 37. (1) Provisions as to Non-Pros. For reference to Acts of Assembly and rules of court directing the entry of a non-pros or non-suit for failure to comply therewith, see index. 235. Abatement Action to Survive to Personal Rep- resentatives. The executors or administrators of any per- son who, at the time of his decease, was a party plaintiff, petitioner or defendant in any action or legal proceeding, depending in any court of this commonwealth, shall have 390 ABATEMENT DISCONTINUANCE. 232-6] Substitution, etc. 235-6 the full power, if the cause of action doth by law survive to them, to become party thereto, and prosecute or defend such suit or proceedings to final judgment or decree, as fully as such decedent might have done if he had lived; and if such plaintiff or petitioner die after judgment or de- cree in his favor, his executors or administrators may pro- ceed to execution thereupon, as such plaintiff or petitioner might have done if he had lived. Act Feb. 24, 1834, 26, P. L. 77, i Purd. 226, pi. 4. (1) Substitution of Executor, (a) The executor may be substi- tuted without sci. fa. by suggesting the death upon the record: Deiser v. Sterling, 10 S. & E. 119, 1823; Fritz v. Evans, 13 S. & R. 9, 1825; Gemmill v. Butler, 4 Pa. 232, 1846; Wallace v. Holmes, 40 Pa. 427, 1861; Ulshafer v. Stewart, 71 Pa. 170, 1872; (b) substitution may be made at any time: Reist v. Heilbrenner, 11 S. & R. 131, 1824; (c) and administrator de bonis non may be substituted in judgment obtained by his predecessor: Leo v. Hopkins, 7 Pa. 385, 1847; see also 43, note (10). 236. Discontinuance May be Filed before Return- Day. A formal discontinuance may be filed by appellant at any time before the return-day of the writ, and the case will be stricken from the list by the prothonotary. (1) Form. For form, see Appendix 62. (2) Discontinuance after Argument. After case has been argued and is sub judice, discontinuance will not be granted where motion is opposed by appellee, and would apparently be to his prejudice : Saint v. Cornwall, 207 Pa. 270, 1903. 391 APPELLATE JURISDICTION LIEN. 237-8 To be Noted and Transmitted [Chap. 17, CHAPTER XVII. JUDGMENT COSTS PENALTIES RESTITUTION REMITTITUR. 237. Judgment to be Noted and Transmitted to Prothonotary of Court from which Appeal Was Taken. 238. Lien of Judgment. (A) When Lien Becomes Effective. (B) Release of Lien of Judgment of Lower Court on Taking Appeal Bail. 239. Costs. (A) To be Paid by Losing Party. (B) Payment by County in Murder Cases against Destitute Defendants. 240. Paper-Books Printing. 241. Special Writs and Petitions. 242. Penalties Appeals for Delay Additional Attorney Fee In- terest. 243. Restitution. 244. Remittitur Copy of Opinion to be Sent to Lower Court. 237. Judgment to be Noted and Transmitted to Pro- thonotary of Court in which Appeal Was Entered. Every judgment, order or decree of this court shall be noted by the prothonotary on the minute book kept at the place where the court shall be in session, at the time, and, to- gether with the opinion or opinions filed therewith, be forthwith transmitted to, and entered of record by, the prothonotary in whose office the appeal was entered. Su- perior Court Rule 13. 238. Lien of Judgment (A) When Lien Becomes Ef- fective. No judgment rendered in the Supreme Court shall 392 LIEN OF JUDGMENTS. 237-44] When Effective Bail 238 be a lien on real estates, excepting in the. county in which such judgment shall be rendered. Act March 20, 1799, 14, 3 Sm. L. 358, 2 Purd. 2047, pi- 23. No judgment or decree for the payment of money, which is entered for the first time by the Superior Court, shall be a lien until the record is returned to the court below, when, at the request of any person interested in said judgment or decree, it shall be entered by the prothonotary upon the proper dockets, and from the time of such entry shall be a lien. But if an appeal is taken to the Supreme Court from such judgment or decree for the payment of money thus entered for the first time by the Superior Court, so that the record cannot immediately be returned to the court below, a certificate of such judgment or decree shall, at the re- quest of any person interested therein, be made by the pro- thonotary of the Superior Court and be entered in the proper dockets by the prothonotary of the county from which the appeal is taken and from the time of such entry it shall be a lien. Act June 24, 1895, 3, P. L. 212, 4 Purd. 4504, pi. 36. (B) Release of Lien of Judgment of Lower Court on Taking Appeal. Bail. Hereafter it shall be lawful for any one against whom an order, judgment or decree directing the payment of money shall have been made by any court of record of this commonwealth, upon taking or entering an appeal to the Superior Court or the Supreme Court of this commonwealth, to enter bail in the court below in double the amount of such order, judgment or decree, with security to be approved by the said court, conditioned for the payment of the amount finally adjudged to be due upon such order, judgment or decree, including interest and costs; or that the appellant in such cases may, in lieu of entering such bail, deposit with the prothonotary of the 393 LIEN OF JUDGMENTS. 238-9 Bail Costs [Chap. 17, said court below, in cash, such amount as the said court shall upon petition, deem to be sufficient to insure the pay- ment of the amount finally adjudged to be due and owing upon said order, judgment or decree; and, in either case, upon the entry of said bail or the deposit of money, as aforesaid, and upon the said appeal being perfected, the said judgment and the verdict, when such judgment has been entered on a verdict, order or decree, shall cease to be a lien against the real estate of the appellant; and the pro- thonotary or clerk of the said court shall thereupon mark upon the docket and upon the margin of the judgment index, "appeal perfected; lien discharged:" Provided, how- ever, That upon the return of the record of such judgment, order or decree to the said court below, with a remittitur certifying the said judgment, order or decree to have been affirmed in whole or in part, the prothonotary shall there- upon enter judgment, as of that date against the appellant for the amount due upon the said judgment, order or de- cree as affirmed, with interest and costs as provided by law. Act April 22, 1909, i, P. L. 103, 5 Purd. 5467, pi. i. 239. Costs (A) To be Paid by Losing Party. The costs in any appealed cause shall consist of the amount paid the prothonotary or clerk of the court below and of the ap- pellate courts, and an attorney fee of three dollars in each court to which any appeal is taken. Such costs shall be paid by the party finally losing the cause, except as herein otherwise provided, and in equitable proceedings where the court shall otherwise direct. Act May 19, 1897, 21, P. L. 67, 2 Purd. 1451, pi. 69. (B) Payment by County in Murder Cases Against Destitute Defendants. When any person shall have been indicted on a charge of murder, and when, on account of 394 COSTS. 237-44] When Allowed 239 (1) (a)-(g) the destitute circumstances of such person, counsel shall have been assigned to him or to her, and when upon trial such person shall have been convicted of murder in the first degree, and such counsel shall deem it necessary to appeal to the Supreme Court, a statement of the costs of such appeal, including the cost of printing the paper-book, sworn to by such counsel, shall be filed in the office of the clerk of the court of quarter sessions of the proper county; and such costs shall be paid by the treasurer of such county, or, where any city is co-extensive with such county, then by the treasurer of such city. Such costs shall not be paid unless such statement be accompanied by a certificate of the judge who shall have presided at such trial, setting forth the fact of such appointment of counsel, and the fact that such appeal was taken. Act June 3, 1911, i, P. L. 627. (1) When Costs are Allowed, (a) Judgment of reversal, without awarding new venire or entering judgment for costs, does not carry costs: Wright v. Small, 5 Binn. 204, 1812; Smith v. Sharp, 5 Watts 292, 1836; Cameron v. Paul, 11 Pa. 277, 1849; Fries v. Penna. R. R., 98 Pa. 142, 1881; Wrasse v. Traction Co., 146 Pa. 417, 427, 1892; Ellis v. Ins. Co., 9 Pa. Super. 392, 1899; (b) but appellate court may amend its record so that judgment shall carry costs: Ellis v. Ins. Co., 9 Pa. Super. 392, 1899; (c) no costs can be recovered on reversal of judgment for want of jurisdiction: Beam v. Warfel, 9 Lane. Bar 185, 1878; (d) plaintiff who pays fees of prothonotary of appellate court to secure remittitur after reversal, must recover from defendant in a separate action, as the costs cannot be taxed by court below on return of record; but plaintiff cannot recover costs for remittitur after reversal on appeal by defendant : Leonard v. Smith, 4 Dist. 249, 1895; (e) appeal from refusal to grant issue d. v. n. may be dismissed without costs: Rogers 's Est., 154 Pa. 217, 1893; (f) where execution is reversed on ground that no judgment had been entered on award, and judgment is subsequently entered, plaintiff is not entitled to costs on appeal: Atkinson v. Crossland, 4 Watts 450, 1835; (g) when decree is reversed only in part and "costs of appeal" are placed on appel- 395 COSTS. 239 (1) (g)-(2) (m) Who Must Pay. [Chap. 17, lees, no other costs are included: Reigel's Ap., 1 "Walk. 72, 1880; Tay- lor's Ap., 21 W. N. C. 356, 1888. (2) Who Must Pay Costs, (a) Prothonotary of appellate court must look to appellant for his fees: Moore v. Porter, 13 S. & R. 100, 1825; (b) where judgment is reversed without terms and venire de novo is awarded, costs must be paid by final loser : Work v. Maclay, 14 S. & R. 265, 1826; Kraut v. Fox, 1 W. N. C. 401, 1875; Herr v. Keemer, 1 Lane. L. Rev. 337, 1884; Leonard v. Smith, 4 Dist. 249, 1895; (c) where auditor was improperly appointed to apportion collateral in- heritance tax, costs of appeal should be placed on register: Burk- hart's Est., 25 Pa. Super. 514, 1904; (d) where judgment in favor of appellee is reversed and he pays costs of appeal but again obtains judgment in new trial, he may recover in assumpsit costs of appeal paid: Hamilton v. Aslin, 3 Watts 222, 1834; (e) but not where such payment was not compulsory: Richardson v. Cassilly, 5 Watts 449, 1836; (f) where costs are paid by plaintiff who then appeals, but too late to effect a supersedeas, and judgment is reversed with venire but without order of restitution, and verdict on second trial is for plain- tiff, costs already paid cannot be taxed, nor can restitution be ordered : Proper v. Campbell, 12 Dist. 203, 1903; (g) where one of several plaintiffs withdraws before decree entered in favor of plaintiffs, and he then appeals and decree is reversed, costs may be imposed on him : Markle v. Wilbur, 200 Pa. 473, 1901; (h) in ejectment where jury find for plaintiff for part of land only, he is entitled to costs : Bachman v. Gross, 150 Pa. 516, 1892; (i) appeal from refusal to grant issue d. v. n. may be dismissed without costs: Rogers 's Est., 154 Pa. 217, 1893; (j) costs of unsuccessful appeal by executors in resisting widow's claim may be put on executors individually: Walter's Est., 2 Chester Co. 159, 1874; (k) one appointed receiver by court having no power to make such appointment, may have his right to assets tested by appeal from decision denying such right without being personally liable for costs: Fraternal Guardian's Est., 159 Pa. 603, 1894; (1) where appeal by trustee from disallowance of certain payments out of trust estate is sustained, costs are payable out of trust estate: Hoffman's Est., 12 Dist. 770, 1903; (m) where fund for benefit of creditors has been created by appeal of some of creditors from dis- tribution of estate, appellants are entitled to their costs out of estate and also reasonable counsel fees: Schwartz v. Oil Co., 164 Pa. 415, 1894; (n) one who wrongfully causes satisfaction of judgment to be 396 COSTS. 237-44] Who Must Pay 239 (2) (n)-(w) stricken from record is liable for costs of successful appeal by other party, including expenditures for counsel and for printing: Stevenson v. Whitesell, 10 Pa. Super. 306, 1899; (o) where plaintiff appeals, without success, from judgment in his own favor, he is not entitled to costs of appeal: Cameron v. Paul, 11 Pa. 277, 1849; (p) where amend- ment is allowed in appellate court, party amending may be required to pay costs accrued, including those of appeal: Brothers v. Mitchell, 157 Pa. 484, 1893; Hughes v. Williams, 17 Pa. Super. 229, 1901; (q) where, after appeal from interlocutory decree and before removal of record, court below modifies such decree so as to correct its error, and enters final decree, from which second appeal is taken, appellate court, in affirming decree, may impose costs of first appeal upon ap- pellee: Green v. Paint Co., 25 Pa. Super. 415, 1904; (r) in case of erroneous entry of judgment below, court will modify judgment so that costs will be made payable out of specified fund: Rodgers v. Black, 15 Pa. Super. 498, 1901; (s) on re-argument where decree is reaffirmed, petitioner may be ordered to pay costs of re-argument, in- cluding printing of other party's paper-books: Heilman v. R. R., 180 Pa. 627, 1897; (t) where defendant on appeal secured reduction of decree against him, it was ordered that each party pay one-half the costs: Danville, &c. R. R. v. Kase, 41 W. N. C. 411, 1898; (u) and where court, instead of reversing judgment and ordering new trial, reduces judgment of lower court in favor of plaintiff to nominal amount, it may order plaintiff to pay costs: Ludwig Piano Co. v. Brown, 33 Pa. Super. 81, 1907; (v) the Act of May 19, 1879, P. L. 66, 1 Purd. 375, pi. 16, provided that in proceedings against attorneys for questionable conduct, if the appellate court shall modify or reverse the decree of the lower court, all costs, charges, and expenses should be paid by the proper county in which the proceedings arose, and if the proceedings of the lower court were confirmed, same should be paid by the complainant ; (w) where judgment for plaintiff is reversed on appeal by defendant but appellate court awards new venire, and on second appeal by defendant judgment for plaintiff is affirmed, defen- dant cannot recover from plaintiff costs of first appeal: Penna. Co. v. Wallace, 36 Pa. C. C. 602, 1909 ; as to liability for costs in appeals from proceedings against attorneys for unprofessional conduct, see 53, above. (3) Special Order as to Costs Equitable Cases, (a) Where there are strong equities in favor of appellant, court may divide costs be- 397 COSTS. 239 (3) -240 Special . Order Paper-books [Chap. 17, tween parties: Kelso's Ap., 102 Pa. 7, 1882; Connellsville v. Hogg, 156 Pa. 326, 1893; Brothers v. Mitchell, 157 Pa. 484, 1893; Danville etc., R. R. v. Kase, 41 W. N. C. 411, 1898; (b) where it appears appel- lee has disregarded rights of appellant, costs may be imposed on appel- lee even though judgment be affirmed: Heilman v. R. R., 180 Pa. 627, 1897; (c) where appeal in equity is dismissed with costs, master's fee is included therein: Huston v. Clark, 173 Pa. 361, 1896; (d) order of appellate court imposing costs upon either party to appeal cannot be modified or altered in any particular by court below: Janes 's Ap., 87 Pa. 428, 1879; (e) where appellee is guilty of laches in pursuing his remedy, costs on affirmance of judgment will be placed on said ap- pellee and not on appellant: Palm's Est., 13 Pa. Super. 296, 1900; (f) the Act of June 7, 1907, P. L. 440, 3, 5 Purd. 5466, pi. 5, provides that where in an equity case the appellate court decides that the suit should have been brought at law, the cause shall be remitted with directions to transfer it to the law side of the court, the costs to abide the final determination of the suit in that court: see 228 (C), above. (4) What is Included in Costs on Appeal, (See 134). (a) An order on reversal by appellate court that "costs of this appeal" be paid by appellees, includes costs of appeal only : Reigel 's Ap., 1 Walk. 72, 1881; Taylor's Ap., 21 W. N. C. 356, 1888; (b) reversal of judg- ment in issue d. v. n. carries costs of common pleas and in error but not those before register: McMasters v. Blair, 31 Pa. 467, 1858; (c) where appeal from equity decree is dismissed with costs, master's fee is included in such costs: Huston v. Clark, 173 Pa. 361, 1896; (d) costs of remittitur, when paid by defendant in error, cannot be taxed by court below on return of record, but may be recovered by separate action: Leonard v. Smith, 4 Dist. 249, 1895; see also 240 to 242. 240. Paper-Books Printing. In all cases, either in law or equity, wherein an appeal is taken from any judg- ment, decree, or order, to the Supreme or the Superior Court, the party in whose favor the final decision is ren- dered shall be entitled to charge and collect from the losing party as part of the costs, such amount as shall have been expended for printing paper-books upon said appeal. The cost of printing the paper-book of each party shall be taxed as costs, collectible by the attorney of record of such party 398 COSTS. 237-44] Paper-books Special Writs 240,241 in such appeal. Said amount to be taxed and collected in the same manner as costs are now taxed and collected by law. Act April 27, 1909, i, P. L. 264, 5 Purd. 5468, pi. 4, > pi. 3. (1) Scope of Act. (a) Act April 13, 1907, P. L. 83, which was superseded by the above act, was held not to apply to appeals deter- mined before its passage: Barto v. Traction Co., 37 Pa. Super. 447, 1908; Miller v. Jackson, 38 Pa. Super. 477, 1909; Duff v. Thrall, 39 Pa. Super. 254, 1909; (b) the act does not apply to cases of assignment of counsel to defend destitute persons on trial for murder under Act of March 22, 1907, P. L. 31, 5 Purd. 5380, pl. 3 : Com. v. Smith, 18 Dist. 1003, 1909 ;( c) defendant who appeals from judgment in trespass for cutting timber, which judgment, on rule to show cause subsequently entered, was trebled by lower court, and on appeal secures reversal of judgment imposing treble damages and order that judgment be en- tered for amount of verdict only, is not a successful party entitled to costs of printing of paper-book within the meaning of this act: Hen- ning v. Keiper, 43 Pa. Super. 177, 1909; (d) where on appeal by de- fendant judgment on verdict is reversed and new venire granted un- less within twenty days plaintiff shall file stipulation remitting one- fourth of judgment, and plaintiff files stipulation, he is entitled to costs of printing paper-book: Boon & Hill Co. v. Trust Co., 56 Pitts. L. J. 428, 1909 ; (e) where judgment for plaintiff is reversed on appeal by defendant but appellate court awards new venire, and on second appeal by defendant judgment for plaintiff is affirmed, defendant can not recover from plaintiff costs of printing paper-book on first appeal : Penna. Co. v. Wallace, 44 Pa. Super. 64, 1909 ; (f ) where bill in equity was dismissed and costs imposed on parties equally, and on appeal judgment was affirmed, appellant must pay entire cost of appeal, in- cluding paper-books of both parties, as order of lower court referred only to costs accrued up to that time: Eisler v. Marshall, 59 P. L. J. 397, 1911. (2) Cost of Paper-Book in Murder Case. See 239 (B), above. (3) Cost of Transcript of Evidence. See 156 to 160, inclusive, above. 241. Special Writs and Petitions. For all services in connection with said writs [to perfect records or bring 399 COSTS PENALTIES. 241,242 Special Writs Appeal for Delay [Chap. 17, them up a second time], or with any other special writs, issued in appealed cases, the prothonotary of the appel- late court shall be paid, at the time the writ is issued, the sum of three dollars, which shall, in the discretion of the appellate court, be ultimately paid by the party suing out the writ or as costs in the cause. A like sum shall be paid the prothonotary of the Supreme Court on filing a petition for the allowance of an appeal from the Superior Court, but it shall, however, form part of the prothonotary's costs on the appeal if the petition is granted. Act May 19, 1897, 18, P. L. 67, 2. Purd. 1450, pi. 65. 242. Penalties Appeals for Delay Additional At- torney Fee Interest. In all cases where the appellate court shall be of opinion that the appeal was sued out merely for delay, it shall award as further costs an addi- tional attorney fee of twenty-five dollars, and damages at the rate of six per centum per annum in addition to legal interest. Act May 19, 1897, 21, P. L. 67, 2 Purd. 1451, pi. 69. (1) Penalty When Imposed. Many of the following decisions were rendered under Act May 25, 1874, P. L. 227, superseded by the Act of 1897, but the principles laid down are equally applicable to the latter act. Penalty will be imposed: (a) Where no answer is filed to petition for rule to show cause why damages should not be awarded: Blodgett v. Hagen, 1 W. N. C. 180, 1875; (b) where appellant offered to settle claim before beginning of action and appealed from judgment for want of sufficient affidavit of defense which was af- firmed: Binswanger v. Fisher, 3 W. N. C. 340, 1876; (c) where judg- ment in ejectment entered under warrant of attorney in lease was affirmed by appellate court: Anker-miller v. O'Bryne, 2 Mona. 766, 1887; (d) on appeal by defendant where judgment in ejectment was for plaintiff for part of land and for defendant for balance, and defen- dant not having filed disclaimer, plaintiff was awarded full costs: Bachman v. Gross, 150 Pa. 516, 1892; (e) where appellant vacated premises in suit: Depuy v. Okie, 2 Mona. 769, 1889; (f) where suit 400 APPEAL FOR DELAY. 237-44] Penalties 242 (1) (f)-(2) (a) of infant is settled by her father pending an appeal without sanction of court and appeal abandoned: O'Donnell v. Broad, 149 Pa. 24, 1892; (g) where no preparation was made of paper-books or to argue appeal, and facts showed a threat made to appeal if settlement was refused : Pennypacker v. Dear, 166 Pa. 284, 1895; Brannan v. Bond, 18 Pa. Super. 535, 1901 j compare Wolf v. Traction Co., 18 Pa. 399, 1897; (h) where appeal was non-prossed and no paper-book served: Martin v. Rider, 181 Pa. 265, 1897; Wilcox v. Merrill, 26 Pa. Super. 59, 1904; TwibilFs Est., 29 Pa. Super. 319, 1905; (i) where no paper-books were printed and petition filed eight months after taking appeal to remit case to the Superior Court: McFadden v. McFadden, 211 Pa. 599, 1905; (j) where no paper-books were served and petition set forth that assignments of error were frivolous: Dietrich v. Loughran, 29 Pa. Super. 320, 1905 ; (k) where no preparation made and appeal from judgment for want of suffiicent affidavit of defense withdrawn and case discontinued on first day of term: Bromley v. Lippincott, 184 Pa. 462, 1898 ; ( 1) where on appeal in replevin case no assignments of error were filed and appeal was withdrawn on first day of term, and answer to petition denied appeal for delay and set forth that appeal was taken under the opinion that the court should have entered non- suit and that unprofessional advantage had been taken of appellant: Serf ass v. Stevenson, 8 Pa. Super. 519, 1898; (m) in interpleader pro- ceedings to determine title to stock and fixtures sold in fraud of creditors, where appellant knew of appellee 's judgment against debtor, filed no assignments of error, served no paper-book, suffered non-pros and made no answer to petition for rule for penalty: Ebert v. Kauf- man, 34 Pa. Super. 487, 1907; (n) where respondent in divorce appeal- ed from interlocutory order overruling demurrer to libel: Richardson v. Richardson, 193 Pa. 279, 1899; (o) where appeal is taken from judg- ment entered for amount admitted to be due in affidavit of defense in sci. fa. sur mortgage with leave to plaintiff to proceed to trial for ad- ditional interest claimed: Smead v. Stuart, 194 Pa. 578, 1900; (p) where administrator appealed from refusal of court to refer report back to auditor on petition filed after two years' delay: Radigan's Est., 13 Pa. Super. 131, 1900. (2) When not Imposed. Penalty will not be imposed in the fol- lowing cases: (a) Where there is an affirmance of the judgment with a dissenting opinion: Camden, &c. Steamboat Co. v. Monaghan, 10 W. N. C. 48, 1881; (b) where affidavit was filed by administrator that 401 26 APPEAL FOR DELAY. 242 (2) (ss. , being duly sworn [or affirmed] ac- cording to law, deposes and says : i. That he is the applicant above named and the person mentioned in the annexed exhibits filed with this applica- tion; that he is a citizen of the United States and of the State of Pennsylvania; that he has resided in said state for FORMS. 3, Ap. Law Sch. Student's Application for Final Exam. a period of years last past and now resides at No. street, in , County of , in the judicial district of said state; that he is twenty-one years of age and upwards, to wit he is years old, having been born at , State of , on the day of , A. D 2. That he passed a preliminary examination before the State Board of Law Examiners, and that, upon recommen- dation of said Board, he was duly registered as a student at law with the Prothonotary for the District of the Supreme Court of Pennsylvania, as of the day of A. D. 19. . . ., as will more fully appear in the certificate of said Prothonotary, which is hereunto annexed marked Exhibit "A." 3. That he has attended the Law School, situated at during three school years of not less than eight months each and of an average of not less than ten hours per week each year, as follows, to wit : From the. . . .day of , A. D. 19. . to the day of , A. D. 19 From the. . . .day of , A. D. 19. . to the day of , A. D. 19.... From the day of , A. D. 19. . to the day of , A. D. 19 (noting, nevertheless, that he has not entirely completed the school year last above mentioned, but that he is still in attendance upon the sessions of said school and that it is his intention to complete the full time of attendance re- 416 ADMISSION OF ATTORNEYS. Law School Student's Application for Final Examination. 3, Ap. quired for the school year last above mentioned on or be- fore the date of the final examination fixed by the State Board of Law Examiners, to wit, on or before , A. D. 19. . .), all of which will more fully appear in the certificate of the Dean of said Law School, which is here- unto annexed marked Exhibit "B." 4. That he has advertised his intention to apply for ex- amination and admission to the bar of the Supreme Court of Pennsylvania, in accordance with the provisions of Rule 4 of the rules regulating admission to the bar of said court, in the "Legal Intelligencer" and in , a law periodical [or newspaper of general circulation] pub- lished in the county seat of the County of , within which deponent resides, once a week, for four con- secutive weeks immediately preceding the date of filing these credentials, as will more fully appear in the proofs of the publication of said notice, which are hereunto an- nexed marked Exhibits "C" and "D." Sworn [or affirmed] to and sub-' scribed before me this day of f [Applicant sign here] A. D. 19 Notary Public. [Seal here] I desire to present myself for examination in the City of [Applicant sign here] [In the foregoing blank, the applicant must state 417 27 FORMS. 3, Ap. Law School Student's Application for Final Examination. whether he elects to be examined in Philadelphia or Pitts- burgh.] Exhibit A Prothonotary's Certificate of Registration. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] F r Admission to the Bar of the Supreme Court of Pennsyl- vania. Prothonotary's Certificate No, I, , hereby certify that I am the Prothon- otary for the District of the Supreme Court of Pennsylvania, and that the above-named applicant, on A. D. 19. . . ., filed with me a certificate issued to him by the State Board of Law Examiners, being Application No , Registration Certificate No , certifying that the said was qualified to begin the study of the law and recommending that he be registered as of the day of A. D. 19. . . . ; that thereupon said ap- plicant was registered with me as of the day of A. D. 19. . . . ; his full name and address being And the name and address of the law school in which he proposed to pursue his studies being In Witness Whereof, I have hereunto set my hand and 418 ADMISSION OF ATTORNEYS. Law School Student's Application for Final Examination. 3, Ap. affixed the seal of the Supreme Court of Pennsylvania this day of A. D. 19 .... [Prothonotary sign here] [Seal here] Exhibit B Certificate of Dean of Law School as to Attendance. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. State of Pennsylvania, ) County of \ I, , hereby certify that I am of the Law School, situated at , in the State of , and that , the above-named applicant, was in regular attendance as a student in said law school for a period of three years during at least eight months in each year and an average of not less than ten hours per week each year, as follows, to wit: From the. .day of , A. D. 19. .to the day of. ... A. D. 19.. . From the. .day of , A. D. 19. .to the day of. ... A. D. 19... 419 FORMS. 3, Ap. Law School Student's Application for Final Examination. From the . . day of , A. D. 19 . . to the day of .... A. D. 19. .. (noting, nevertheless, that said applicant has not entirely completed the school year last above mentioned, but that he is still in attendance upon the sessions of said school and that it is his intention to complete the full time of at- tendance of the said year last above mentioned), and that during said periods the said applicant has pursued the study of the law with diligence. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said Law School this day of A. D. 19 [Seal here] Exhibit C Proof of Publication of Notice of Intended Application in Local Periodical. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. Commonwealth of Pennsylvania, ) County of ) ' , being duly sworn [or affirmed] according to law, deposes and says that he is the of , a law periodical [or newspaper of general 420 ADMISSION OF ATTORNEYS. Law School Student's Application for Final Examination. 3, Ap. circulation], published at the county seat of County, Pennsylvania, and that a notice, of which the advertisement hereunto attached is a copy, was published in the said law periodical [or newspaper] once a week, for four consecutive weeks, to wit, on the fol- lowing days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19.. Notary Public. [Seal here] Exhibit D Proof of Publication of Notice of Intended Application in Legal Intelligencer. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. j Commonwealth of Pennsylvania, County of , being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of 421 FORMS. 3, Ap. Law School Student's Application for Final Examination. which the advertisement hereunto attached is a copy, was published in the "Legal Intelligencer" once a week for four consecutive weeks, to wit, on the following days .... (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. . Notary Public. [Seal here] Exhibit E Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of -| For Admission to the Bar of the Supreme Court of Pennsyl- vania. j Commonwealth of Pennsylvania, ) C ss County of \ , , and , being duly sworn [or affirmed] according to law, depose and say that they are members of the bar of the Court of Common Pleas of County, in the judicial district of Pennsyl- 422 ADMISSION OF ATTORNEYS. Office Student's Application for Final Examination. 4, Ap. vania, wherein the above-named applicant resides [or in- tends to practice] : that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub- ' scribed before me this day of A. D. 19. .. Notary Public. (Seal here.) Name . . . Address Name . . . Address Name . . . Address 4, FORM C. APPLICATION FOR FINAL EXAMI- NATION OF STUDENT IN LAW OFFICE. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of -| For Admission to the Bar of the Supreme Court of Pennsyl- vania. j Commonwealth of Pennsylvania, ) r* c t ss - County of ^ , being duly sworn [or affirmed] according to law, deposes and says : i. That he is the applicant above named and the person mentioned in the annexed exhibits filed with this appli- cation; that he is a citizen of the United States and of the State of Pennsylvania; that he has resided in said State 423 FORMS. 4, Ap. Office Student's Application for Final Examination. for a period of years last past and now resides at No , street, in , County of , in the judicial district of said State; that he is twenty-one years of age and upwards, to wit, he is years old, having been born at , State of , on the day of , A. D 2. That he passed a preliminary examination before the State Board of Law Examiners, and that, upon recom- mendation of said Board, he was duly registered as a student at law with the Prothonotary for the District of the Supreme Court of Pennsylvania, as of the day of A. D. 19 . . , as will more fully appear in the certificate of said Prothonotary, which is hereunto annexed marked Exhibit "A." 3. That he has served bona fide a regular clerkship in the office of a practicing attorney of the Supreme Court of Pennsylvania, for a period of three years, to wit, in the office of , at No , in the City of , County of , in the judicial district of said State, from the day of A. D. 19 to the day of A. D. 19. . . ., as will more fully appear in the affidavit of said attorney, which is hereunto annexed marked Exhibit "B." 4. That he has advertised his intention to apply for ex- amination and admission to the Bar of the Supreme Court of Pennsylvania, in accordance with the provisions of Rule 4 of the rules regulating admission to the Bar of said court, in the "Legal Intelligencer" and in , a law periodical [or newspaper of general circu- lation] published in the county seat of the county of , within which deponent resides once a week, ADMISSION OF ATTORNEYS. Office Student's Application for Final Examination. 4, Ap. for four consecutive weeks immediately preceding the date of filing these credentials, as will more fully appear in the proofs of publication of said notice which are hereunto annexed marked Exhibits "C" and "D." Sworn [or affirmed] to and sub- ^ scribed before me this (, , , \ r\ ( [Applicant sign here.] day of A. D. 19 . . ) Notary Public. (Seal here.) I desire to present myself for examination in the City of (Applicant sign here.) [In the foregoing blank, the applicant must state whether he elects to be examined in Philadelphia or Pitts- burgh.] Exhibit A Prothonotary's Certificate of Registration. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. Prothonotary's Certificate No I, , hereby certify that I am the Prothonotary for the District of the Supreme 425 FORMS. 4, Ap. Office Student's Application for Final Examination. Court of Pennsylvania, and that the above-named applicant, on A. D. 19. ., filed with me a certificate issued to him by the State Board of Law Examiners, being Application No , Regis- tration Certificate No , certifying that the said was qualified to begin the study of the law and recommending that he be registered as of the day of A. D. 19 . . ; that thereupon said applicant was registered with me as of the day of A. D. 19. .; his full name and address being And the name and address of the Attorney in whose office he proposed to pursue his studies being In witness whereof, I have hereunto set my hand and affixed the seal of the Supreme Court of Pennsylvania this day of A. D. 19 .... (Seal here.) [Prothonotary sign here.] Exhibit B Preceptor's Certificate of Clerkship. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ") For Admission to the Bar of the Supreme Court of Pennsyl- vania. Commonwealth of Pennsylvania, ^ County of \ ss - 426 ADMISSION OF ATTORNEYS. Office Student's Application for Final Examination. 4, Ap. , being duly sworn [or affirmed] according to law, deposes and says that he is and was at the dates hereinafter stated a member of the bar of the Supreme Court of Pennsylvania and of the Court of Com- mon Pleas of County, in the judicial district of Pennsylvania, with his office at No. City of , County of , Pennsylvania; that , the above-mentioned applicant, served bona fide a regular clerkship in the de- ponent's law office, for a period of three years, to wit, from the day of A. D. 19. ., to the day of A. D. 19. .; that during this period the said applicant pursued the study of the law with diligence, and was in regular attendance at the de- ponent's law office an average of months in each year, and an average of hours a day dur- ing said months. Sworn [or affirmed] to and sub- \ scribed before me {. day of A. D. 19. . ) Notary Public. (Seal here.) Exhibit C Proof of Publication of Notice of Intend- ed Application in Local Periodicals. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. 427 FORMS. 4, Ap. Office Student's Application for Final Examination. Commonwealth of Pennsylvania, County of ss. , being duly sworn [or affirmed] according to law, deposes and says that he is the of , a law periodical [or newspaper of general circulation], published at , the county seat of county, Pennsylvania, and that a notice, of which the advertisement hereunto attached is a copy, was published in the said law periodical [or newspaper] once a week, for four consecutive weeks, to wit, on the follow- ing days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. . (Seal here.) Notary Public. Exhibit D. Proof of Publication of Notice of Intend- ed Application in the "Legal Intelligencer." STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of Commonwealth of Pennsylvania, County of 428 For Admission to the Bar of the Supreme Court of Pennsyl- vania. ss. ADMISSION OF ATTORNEYS. Office Student's Application for Final Examination. 4, Ap. , being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of which the advertisement hereunto attached is a copy, was pub- lished in the "Legal Intelligencer" once a week, for four consecutive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. . Notary Public. (Seal here.) Exhibit E. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. s Commonwealth of Pennsylvania, \ i$ County of ^ , , and , being duly sworn [or affirmed] accord- ing to law, depose and say that they are members of the bar of the Court of Common Pleas of County, in the judicial district of Pennsylvania, where- 429 FORMS. 5, Ap. Office and Law Sch. Student's Application for Final Exam. in the above-named applicant resides [or intends to prac- tice] ; that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub-^ Name scribed before me this .... day of A. D. 19. Notary Public. ( Seal here.) Address Name Address Name Address 5, FORM D. APPLICATION FOR FINAL EX- AMINATION BY STUDENT WHO HAS STUDIED PARTLY IN LAW SCHOOL AND PARTLY IN LAW OFFICE. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, cc* UF , being duly sworn [or affirmed] according to law, deposes and says : i. That he is the applicant above-named and the per- son mentioned in the annexed exhibits, filed with this ap- plication; that he is a citizen of the United States and of the State of Pennsylvania ; ; that he has resided in said state for a period of years last past and now 430 ADMISSION OF ATTORNEYS. Office and Law Sch. Student's Application for Final Exam. 5, Ap. resides at No street, in County of , in the judicial district of said state; that he is twenty-one years of age and upwards, to wit, he is years old, having been born at , state of , on the day of A. D 2. That he passed a preliminary examination before the State Board of Law Examiners, and that, upon recom- mendation of said board, he was duly registered as a student at law with the prothonotary for the district of the Supreme Court of Pennsylvania as of the day of , A. D. 19. ., as will more fully ap- pear in the certificate of said prothonotary, which is here- unto annexed marked Exhibit "A." 3. That he has attended the law school situated at during school years of not less than eight months each and of an average of not less than ten hours per week each year, as follows, to wit: From the day of , A. D. 19. ., to the day of , A. D. 19... From the day of , A. D. 19. ., to the day of , A. D. 19... From the day of , A. D. 19. ., to the day of , A. D. 19... (noting, nevertheless that he has not entirely completed the school year last above-mentioned, but that he is still in attendance upon the sessions of said school and that it is his intention to complete the full time of attendance re- quired for the school year last above-mentioned on or before the date of the final examination fixed by the State FORMS. 5, Ap. Office and Law Sch. Student's Application for Final Exam. Board of Law Examiners, to wit, on or before A. D. 19. . ), all of which will more fully appear in the cer- tificate of the dean of said law school, which is hereunto annexed marked Exhibit "B." 4. That he has served bona fide a regular clerkship in the office of a practicing attorney of the Supreme Court of Pennsylvania for a period of years, to wit, in the office of , at No , in the city of county of , in the judicial district of said state, from the day of , A. D. 19 . . , to the day of , A. D. 19. ., as will more fully appear in the affidavit of said attorney, which is hereunto annexed marked Exhibit "C." 5. That he has advertised his intention to apply for ex- amination and admission to the bar of the Supreme Court of Pennsylvania, in accordance with the provisions of Rule 4, of the rules regulating admission to the bar of said court, in the "Legal Intelligencer" and in a law per- iodical [or newspaper of general circulation] published in the county seat of the county of , within which deponent resides, once a week, for four consecutive weeks immediately preceding the date of filing these credentials, as will more fully appear in the proofs of publication of said notice which are hereunto annexed marked Exhibits "D" and "E." Sworn [or affirmed] to and sub- ") scribed before me this L ' */ A '"'*'' (Applicant sign here.) day of A. D. 19. .. I Notary Public. (Seal here.) 432 ADMISSION OF ATTORNEYS. Office and Law Sch. Student's Application for Final Exam. 5, Ap. I desire to present myself for examination in the city of (Applicant sign here.) (In the foregoing blank, the applicant must state whether he elects to be examined in Philadelphia or Pitts- burgh.) Exhibit A. Prothonotary's Certificate of Registra- tion. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ] F r Admission to the Bar of the Supreme Court of Pennsyl- * J vania. Prothonotary's Certificate No I, , hereby certify that I am the prothonotary for the district of the Su- preme Court of Pennsylvania, and that , the above-named applicant, on , A. D. 19. ., filed with me a certificate issued to him by the State Board of Law Examiners, being Application No , Registration Certificate No , certifying that the said was qualified to begin the study of the law and recommend- ing that he be registered as of the day of A. D. 19..; that thereupon said applicant was registered with me as of the day of , A. D. 19. .; his full name and address being 433 28 FORMS. 5a. Of. and Law Sch. Student's Ap. for Final Exam. and the names and addresses of the law school and of the preceptor in whose law office he proposed to pursue his studies being In witness whereof, I have hereunto set my hand and affixed the seal of the Supreme Court of Pennsylvania this day of A. D. 19 (Prothonotary sign here.) (Seal here.) Exhibit B. Certificate of Dean of Law School as to Attendance. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF I, , hereby certify that I am of the law school, situated at in the state of , and that , the above-named applicant, was in regular attendance as a student in said law school for a period of years during at least eight months in each year and an 434 ADMISSION OF ATTORNEYS. Of. and Law Sch. Student's Ap. for Final Exam. 5a. average of not less than ten hours per week each year, as follows, to wit : From the day of , A. D. 19 . . , to the day of , A. D. 19... From the day of , A. D. 19 . . , to the day of , A. D. 19... From the day of , A. D. 19 . . , to the day of , A. D. 19... (noting, nevertheless, that said applicant has not entirely completed the school year last above-mentioned, but that he is still in attendance upon the sessions of said school and that it is his intention to complete the full time of at- tendance of the said year last above-mentioned), and that during said periods the said applicant has pursued the study of the law with diligence. In witness whereof, I have hereunto set my hand and affixed the seal of the said law school this day of , A. D. 19 (Seal here.) Exhibit C. Preceptor's Certificate of Clerkship. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ] For Admission to the Bar of the Supreme Court of Pennsyl- vania. 435 FORMS. 5, Ap. Office and Law Sch. Student's Application for Final Exam. COMMONWEALTH OF PENNSYLVANIA, ) COUNTY OF y s ' , being duly sworn [or affirmed] according to law, deposes and says that he is and was at the dates hereinafter stated a member of the bar of the Supreme Court of Pennsylvania and of the Court of Com- mon Pleas of county, in the judicial district of Pennsylvania, with his office at No , city of , county of , Pennsylvania ; that the above-named applicant, served bona fide a regular clerkship in the deponent's law office for a period of three years, to wit, from the day of , A. D. 19 . . , to the day of , A. D. 19. . ; that during this period the said applicant pur- sued the study of law with diligence, and was in regular attendance at the deponent's law office an average of months in each year and an average of hours a day during said months. Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. .. Notary Public. (Seal here.) 43 6 ADMISSION OF ATTORNEYS. Office and Law Sch. Student's Application for Final Exam. 5, Ap. Exhibit D. Proof of Publication of Notice of Intend- ed Application in Local Periodical. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF . . k*f. , being duly sworn [or affirmed] according to law, deposes and says that he is the of , a law periodical [or newspaper of general circulation] published at , the county seat of county, Pennsylvania, and that a notice, of which the advertisement hereunto attached is a copy, was published in the said law periodical [or newspaper] once a week, for four consecutive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. Notary Public. (Seal here.) 437 FORMS. 5, Ap. Office and Law Sch. Student's Application for Final Exam. Exhibit E. Proof of Publication of Notice of Intend- ed Application in "Legal Intelligencer." STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, ) COUNTY OF y s ' , being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of which the advertisement hereunto attached is a copy, was pub- lished in the "Legal Intelligencer" once a week for four consecutive w r eeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- 1 scribed before me this L day of A. D. 19. .. Notary Public. (Seal here.) 438 ADMISSION OF ATTORNEYS. Office and Law Sch. Student's Application for Final Exam. 5, Ap. Exhibit F. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ] For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA. ) f MA COUNTY OF y , , and , being duly sworn [or affirmed] according to law, depose and say that they are members of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania, wherein the above-named applicant resides [or intends to practice] ; that they personally know the said and be- lieve him to be of good moral character. Sworn [or affirmed] to and sub- 1 Name scribed before me this A , . _ Address day of A. D. 19.., Name .... Address Notary Public. Name . . Address (Seal here.) 439 FORMS. 6, Ap. Att'y of other State (1 yr.'s Standing), Ap. for Final Exam. 6, FORM E. APPLICATION FOR FINAL EX- AMINATION BY ATTORNEY OF ONE YEAR'S STANDING IN ANOTHER STATE. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. State of County of ..................... , being duly sworn [or affirmed] according to law, deposes and says: 1. That he is the applicant above-named and the person mentioned in the annexed exhibits filed with this applica- tion; that he is a citizen of the United States and of the state of Pennsylvania, and resides at No ........... street, in ............ , county of ............. in the ........... judicial district of said state; that he is twenty-one years of age and upwards, to wit, he is .......... years old and was born at .......... state of .......... , on the ......... .......... day of ....... ...A. D ...... 2. That he is a member in good and regular standing of the bar of a court of record of the state of ............ , from which he came, to wit, of the court of ............ , state of ............ and has practiced at the bar of said court for at least one year, to wit, from the .......... day of .......... A. D. 19 . . to the .......... day of .......... 440 ADMISSION OF ATTORNEYS. Att'y of other State ( 1 yr.'s Standing), Ap. for Final Exam. 6, Ap. A. D. 19. ., as will more fully appear by the certificate of the judge of said court, hereunto annexed, marked Ex- hibit "A." 3. That he has advertised his intention to apply for ex- amination and admission to the bar of the Supreme Court of Pennsylvania in accordance with the provisions of Rule 9, of the rules regulating admission to the bar of said court, in the "Legal Intelligencer," and in a law periodical [or newspaper of general circulation] pub- lished in the county seat of county, in which the deponent resides, once a week, for four consecutive weeks immediately preceding the date of filing these credentials, as will more fully appear by the proofs of the publication of said notice hereunto annexed marked Exhibits "B" and "C." Sworn [or affirmed] to and sub- "j scribed before me this L A _. , ., f A TX [Applicant Sign here.] day of , A. D. 19.. J Notary Public. (Seal here.) I desire to present myself for examination in the city of (Applicant sign here.) (In the foregoing blank, the applicant must state whether he elects to be examined in Philadelphia or Pittsburgh.) 441 FORMS. 6, Ap. Att'y of other State (1 yr.'s Standing), Ap. for Final Exam. Exhibit A. Certificate of Judge of a Court of Record in Other State. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. State of.. County of, "j"- I, , a judge of one of the courts of record of the state of , to wit, of the court of do hereby certify that I am acquainted with , the above-named applicant for admission to the bar of the Supreme Court of Pennsylvania, and that the said is a member in good and regular standing of the bar of this court, and that he has practiced at this bar for at least one year, to wit, from the day of A. D. 19. .to the day of A. D. 19... Witness my hand and the seal of said court this day of A. D. 19. .. (Seal here.) State of County of I, ............ , clerk of the court of .......... , State of .......... and keeper of its records and seal, hereby 442 ADMISSION OF ATTORNEYS. Att'y of other State (1 yr.'s Standing), Ap. for Final Exam. 6, Ap. certify that , whose name is subscribed to the foregoing certificate, is a judge of this court, having been duly commissioned in the year ; that I am acquainted with his handwriting, and that his above signa- ture is genuine. In witness whereof, I have hereunto set my hand and affixed the seal of the said court this day of ,A. D. 19.... (Seal here.) Exhibit B. Proof of Publication of Notice of Intend- ed Application in "Legal Intelligencer." STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of -| For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA COUNTY OF. . ' Iss. , being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of which the advertisement hereunto attached is a copy, was pub- lished in the "Legal Intelligencer," once a week, for four 443 FORMS. 6, Ap. Att'y of other State (1 yr.'s Standing), Ap. for Final Exam. consecutive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. Notary Public. (Seal here.) Exhibit C. Proof of Publication of Notice of Intend- ed Application in Local Periodical. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of 1 For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, ) r* \SS. COUNTY OF ^ being duly sworn [or affirmed] according to law, deposes and says that he is the of , a law periodical [or newspaper of general circulation], published at , the county seat of county, Pennsylvania, and that a notice, of which the ad- vertisement hereunto attached is a copy, was published in 444 ADMISSION OF ATTORNEYS. Att'y of other State (1 yr.'s Standing), Ap. for Final Exam. 6, Ap. the said law periodical [or newspaper] once a week for four consecutive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. .. Notary Public. (Seal here.) Exhibit D. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ] For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF . . f ss. and being duly sworn [or affirmed] according to law, depose and say that they are members of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania, wherein the above-named applicant resides [or, intends to practice] ; 445 FORMS. 7, Ap. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub- scribed before me this. . day of A. D. 19, Address Name Address Name Address (Seal here.) Notary Public. Name 7, FORM R APPLICATION FOR ADMISSION BY ATTORNEY OF FIVE YEARS' STANDING IN ANOTHER STATE. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- ' J vania. COMMONWEALTH OF PENNSYLVANIA, ) COUNTY OF y ' being duly sworn [or affirmed] according to law, deposes and says : i. That he is the applicant above-named and the per- son mentioned in the annexed exhibits filed with this ap- plication; that he is a citizen of the United States and of the State of Pennsylvania; and resides at No street, in , county of in the 446 ADMISSION OF ATTORNEYS. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. 7, Ap. judicial district of said state; that he is years of age, and was born at in the state of on the day of , A. D 2. That he is a member in good and regular standing of the bar of the Appellate Court of last resort of the state of , from which he came, as will more fully appear by the certificate of said court hereunto annexed marked Exhibit "A." 3. That he is a member in good and regular standing of the bar of a court of record of the state of to wit, of the court of in said commonwealth and that he has practiced at the bar of said court for at least five years, to wit, from the day of , A. D. 19. ., to the day of A. D. 19. ., as will more fully appear by the certificate of said court hereunto annexed marked Exhibit "B." 4. That he has advertised his intention to apply for ad- mission to the bar of the Supreme Court of Pennsylvania, tince a week for four consecutive weeks immediately pre- ceding the date of this application, in the "Legal Intel- ligencer," and in a law periodical [or newspaper of general circulation] published in the county seat of the county of , within which deponent resides [or intends to practice], as will more fully appear by the proofs of pub- lication of said notice hereunto annexed and marked Ex- hibits "C" and "D." Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. .. J ( A PP licant si S n here -> Notary Public. (Seal here.) 447 FORMS. 7, Ap. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. Exhibit A. Certificate of Judge of Appellate Court of Last Resort of Other State. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. State of. . County of, Iss. , being I, , one of the judges of the appellate court of last resort of the state of , do hereby certify that , the above-named appli- cant for admission to the bar of the Supreme Court of Pennsylvania is a member in good and regular standing of the bar of this court. Witness my hand and the seal of said court, this day of , A. D. 19 .... (Seal here.) State of . . County of. Iss. I, clerk of , state of , and keeper of the records and seal of said court hereby certify that , whose name is subscribed to the foregoing certificate, is a judge of this court, having been duly com- missioned in the year A. D ; that I am acquainted 448 ADMISSION OF ATTORNEYS. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. 7, Ap. with his hand-writing, and that his above signature is genuine. In witness whereof, I have hereunto set my hand, and affixed the seal of said court, this day of ,A. D. 19.... (Seal here.) Exhibit B. Certificate of Judge of a Court of Record of Other State. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of *j For Admission to the Bar of the Supreme Court of Pennsyl- vania. State of ) Iss. County of, I, , a judge of one of the courts of record of the state of , to wit, of the court of , do hereby certify that I am acquainted with , the above-named applicant for admission to the bar of the Su- preme Court of Pennsylvania, and that the said ib a member in good and regular standing of the bar of this court, and that he has practiced at this bar for at least five years, to wit, from the day of , A. D , to the day of A. D 449 29 FORMS. 7, Ap. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. Witness my hand and the seal of said court this , day of , A. D. 19 (Seal here.) Slate of County of I, clerk of the court of .......... state of .......... , and keeper of its records and seal, hereby certify that .......... , whose name is subscribed to the foregoing certificate, is a judge of this court, having been duly com- missioned in the year A. D ..... , that I am acquainted with his handwriting, and that his above signature is genuine. In witness whereof I have hereunto set my hand, and affixed the seal of the said court this ............ day of ............ , A. D. 19.... (Seal here.) Exhibit C Proof of Publication of Notice of Intended Application in the "Legal Intelligencer." STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. 450 ADMISSION OF ATTORNEYS. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. 7, Ap. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF , being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of which the advertisement hereunto attached is a copy, was pub- lished in the "Legal Intelligencer," once a week, for four consecutive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. .. (Seal here.) Notary Public. Exhibit D. Proof of Publication of Notice of In- tended Application in Local Periodical. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "] For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF >ss. being duly sworn [or affirmed] according to law, deposes and says that he is the FORMS. 7, Ap. Att'y of other State (5 yr.'s Standing), Ap. for Final Exam. of , , a law periodical [or newspaper of general circulation], published at , the county seat of county, Penn- sylvania, and that a notice, of which the advertisement hereunto attached is a copy, was published in the said law periodical [or newpaper] once a week for four consecu- tive weeks, to wit, on the following days (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19.. Notary Public. (Seal here.) Exhibit E. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF. . >ss. and being duly sworn [or affirmed] according 452 ADMISSION OF ATTORNEYS. Member of Common Pleas. 9, Ap. to law, depose and say that they are members of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania, wherein the above-named applicant resides [or intends to practice] ; that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub- 1 Name scribed before me this day of A. D. 19. .. Notary Public. Name Address Name Address Address (Seal here.) 8, OMITTED AS OBSOLETE. See Chap. 2, 23. 9, FORM H. APPLICATION BY A MEMBER OF A COURT OF COMMON PLEAS OF PENNSYL- VANIA FOR ADMISSION TO SUPREME COURT. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- * J vania. 453 FORMS. 9, Ap. Member of Common Pleas, Application for Admission. COMMONWEALTH OF PENNSYLVANIA COUNTY OF. . ' \ss. , being duly sworn [or affirmed] according to law, deposes and says : 1. That he is the applicant above-named and the person mentioned in the annexed exhibits filed with this applica- tion; that he is a citizen of the United States and of the State of Pennsylvania, and resides at No street, in , county of , in the judicial district of said state; that he is twenty-one years of age and upwards, to wit, he is years old. 2. That he was on and prior to the first Monday of Janu- ary, A. D. 1903, a member in good and regular standing of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania; that he was admitted to said court on the day of A. D and has practiced in one of the courts of record of this commonwealth for at least two years prior to the date of this application, to wit, in the Court of Common Pleas of county, from the day of A. D to the day of , A. D 3. That prior to his admission to the bar of said court he served a regular clerkship, as a student at law, in the office of in county, in the judicial district of Pennsylvania, for a term of years. Sworn [or affirmed] to and sub- "1 scribed before me this > _ day of A. D. 19. .. j t A PP hcant s 'S ns here -] Notary Public. (Seal here.) 454 ADMISSION OF ATTORNEYS. Member of Common Pleas. 9, Ap. Exhibit A. Certificate of a Judge of a Court of Com- mon Pleas. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of >, For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA COUNTY OF. . ' \ss. I, , one of the judges of the Court of Com- mon Pleas of county, in the judicial district of Pennsylvania, hereby certify that the above-named applicant was, on and prior to the first Mon- day of January, A. D. 1903, a member in good and regu- lar standing of the bar of this court, and that he has prac- ticed at this bar for years. Witness my hand and the seal of said court this day of A. D. 19. .. (Seal here.) Exhibit B. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of -^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. 455 FORMS. 10, Ap. Application for Final Exam, by Att'y from Other State. COMMONWEALTH OF PENNSYLVANIA COUNTY OF. . ' Iss. and being duly sworn [or affirmed] according to law, depose and say that they are members of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania, wherein the above-named applicant resides [or, intends to practice] ; that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub- Address Name . . . Address Name Address (Seal here) scribed before me this day of A. D. 19. .. Notary Public. Name 10. FORM I. APPLICATION FOR FINAL EXAM- INATION BY ATTORNEY FROM ANOTHER STATE. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of "1 For Admission to the Bar of the Supreme Court of Pennsyl- J vania. 456 ADMISSION OF ATTORNEYS. Application for Final Exam, by Att'y from Other State. 10, Ap. COMMONWEALTH OF PENNSYLVANIA. COUNTY OF. . being duly sworn [or affirmed] according to law, deposes and says : 1. That he is the applicant above-named and the person mentioned in the annexed exhibits filed with this applica- tion; that he is a citizen of the United States and of the State of Pennsylvania, and resides at , in , county of , in the judicial district of said state ; that he is twenty-one years of age and upwards, to wit, he is years old, and was born at , state of , on the day of , A. D 2. That he is a member in good and regular standing of the bar of a court of record of the state of , from which he came, to wit, of the court of state of , having been admitted to the bar of said court on the day of , A. D , as will more fully appear by the certificate of the judge of said court, hereunto annexed, marked Exhibit "A." 3. That he has served bona fide a regular clerkship in the office of a practicing attorney in the state of Pennsyl- vania, to wit, in the office of at in county of , Pennsylvania, for a period of at least one year, to wit, from the day of , A. D. 19. ., to the day of , A. D. 19. ., as will more fully appear from the annexed attorney's certifi- cate, marked Exhibit "B." 4. That he has advertised his intention to apply for ex- amination and admission to the bar of the Supreme Court of Pennsylvania, in accordance with the provisions of Rule 457 FORMS. 10, Ap. Application for Final Exam, by Att'y from Other State. 9, of the rules regulating admissions to the bar of said court, in the "Legal Intelligencer" and in a law periodical [or newspaper of general circulation] published in the county seat of county, in which the de- ponent resides, once a week for four consecutive weeks immediately preceding the date of filing these credentials, as will more fully appear by the proofs of publication of said notice hereunto annexed, marked Exhibits "C" and "D." Sworn [or affirmed] to and sub- "1 scribed before me this }-' . AT-. (Applicant sign here.) day of , A. D. 19... I Notary Public. (Seal here.) I desire to present myself for examination in the city of (Applicant sign here.) (In the foregoing blank, the applicant must state whether he elects to be examined in Philadelphia or Pittsburgh.) Exhibit A., Certificate of a Judge of a Court of Record. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of *| For Admission to the Bar of the Supreme Court of Pennsyl- vania. 458 ADMISSION OF ATTORNEYS. Application for Final Exam, by Att ; y from Other State. 10, Ap. State of .............. i r* t ^ss. Count of ............ I, .......... , a judge of one of the courts of record of the state of .......... , to wit, of the court of ........... , do hereby certify that I am acquainted with .......... , the above-named applicant for admission to the bar of the Supreme Court of Pennsylvania, and that the said ........ is a member in good and regular standing of the bar of this court, having been admitted on the .......... day of .......... , A. D ........ Witness my hand and the seal of said court this ........ day of .......... , A. D. 19. .. (Seal here.) State of.. County of, I, , clerk of the court of , state of and keeper of its records and seal, hereby cer- tify that , whose name is subscribed to the fore- going certificate, is a judge of this court, having been duly commissioned in the year ; that I am acquainted with his handwriting, and that his above signature is geunine. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said court this day of , A. D. 19.... (Seal here.) 459 FORMS. 10, Ap. Application for Final Exam, by Att'y from Other State. Exhibit B. Attorney's Certificate. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of >, For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF being duly sworn [or affirmed] according to law, deposes and says that he is and was at the dates hereinafter stated a member of the bar of the Supreme Court of Pennsylvania and of the Court of Com- mon Pleas of county, in the judicial district of Pennsylvania, with his office at No , city of , county of , Pennsylvania ; that the above-named applicant served bona fide a regular clerkship in the deponent's law office, for a period of one year, to wit, from the day of A. D , to the day of , A. D ; that during this period the said applicant pursued the study of the law with diligence, and was in regular attendance at the deponent's law office months in said year. and an average of hours a day during said months. Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. Notary Public. (Seal here.) 460 ADMISSION OF ATTORNEYS. Application for Final Exam, by Att'y from Other State. 10, Ap. Exhibit C. Proof of Publication of Notice of In- tended Application in the "Legal Intelligencer." STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, "i **. C C COUNTY OF J .... being duly sworn [or affirmed] according to law, deposes and says that he is the of the "Legal Intelligencer," and that a notice, of which the advertisement hereunto attached is a copy, was pub- lished in the "Legal Intelligencer," once a week, for four consecutive weeks, to wit, on the following days : (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of , A. D. 19. Notary Public. (Seal here.) 461 FORMS. 10, Ap. Application for Final Exam, by Att'y from Other State. Exhibit D. Proof of Publication of Notice of In- tended Application in Local Periodical. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of -^ For Admission to the Bar of the Supreme Court of Pennsyl- * J vania. COMMONWEALTH OF PENNSYLVANIA, "i COUNTY OF J * being duly sworn [or affirmed] according to law, deposes and says that he is the of , a law periodical [or newspaper of general circulation], published at , the county seat of county, Pennsylvania, and that a notice, of which the advertisement hereunto attached is a copy, was published in the said law periodical [or newspaper] once a week for four consecutive weeks, to wit, on the follow- ing days : (Here insert copy of notice.) Sworn [or affirmed] to and sub- scribed before me this day of A. D. 19. . Notary Public. (Seal here.) 462 ADMISSION OF ATTORNEYS. Application for Final Exam, by Att'y from Other State. 10, Ap. Exhibit E. Certificate of Good Moral Character. STATE BOARD OF LAW EXAMINERS COMMONWEALTH OF PENNSYLVANIA In the matter of the application of ^ For Admission to the Bar of the Supreme Court of Pennsyl- vania. COMMONWEALTH OF PENNSYLVANIA, "\ COUNTY OF J ss " and being duly sworn [or affirmed] according to law, depose and say that they are members of the bar of the Court of Common Pleas of county, in the judicial district of Pennsylvania, wherein the above-named applicant resides [or intends to practice] ; that they personally know the said and believe him to be of good moral character. Sworn [or affirmed] to and sub-" 1 Name scribed before me this day of A. D. 19... Address Name . Notary Public. J (Seal here.) 463 Address Name Address FORMS. 11, Ap. Certificate of State Board Recommending Admission. 11. CERTIFICATE OF STATE BOARD RECOM- MENDING ADMISSION TO THE BAR. COMMONWEALTH OF PENNSYLVANIA STATE BOARD OF LAW EXAMINERS No. To the Honorable, the Justices of the Supreme Court of Pennsylvania : The State Board of Law Examiners hereby certifies that of county, has been examined by said board for admission to the bar of the Supreme Court of Pennsylvania; that he has satisfactorily passed the examination and has complied with the conditions pre- scribed by the rules of your honorable court. The board therefore recommends that he be admitted to the bar of the Supreme Court of Pennsylvania. Given at this day of A. D. 19... (Seal) State Board of Law Examiners, Chairman. Attest: Secretary. 464 ADMISSION OF ATTORNEYS. Praecipe for Admission. 12, 13, Ap. 12. PRAECIPE FOR ADMISSION TO SUPREME COURT ON RECOMMENDATION OF STATE BOARD. IN THE SUPREME COURT OF PENNSYLVANIA IN AND FOR THE DISTRICT In the matter of the application of 1 For Admission to the Supreme Court of J Pennsylvania. To the Honorable, the Judges of the Superior Court of Pennsylvania : And now, to wit, 19. ., the State Board of Law Examiners having certified to this court that , Esq., of county, has complied with all the conditions prescribed by the rules of your honorable court, and further, the said board having recom- mended that he be admitted to the bar of the Supreme Court of Pennsylvania, I hereby move for his admission to practice as an attorney and counselor in your honor- able court. 13. PRAECIPE FOR ADMISSION TO SUPERIOR COURT WHERE APPLICANT WAS ADMITTED TO PRACTICE IN COMMON PLEAS ON OR BE- FORE MAY 22, 1903. IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING AT In the matter of the application of "1 For Admission to the ! Superior Court of , J Pennsylvania. 465 30 FORMS. 13, 14, Ap. Praecipe for Admission. To the Honorable, the Judges of the Superior Court of Pennsylvania: And now, to wit, , 19. ., I hereby move for the admission of , Esq., a member of the bar in good and regular standing of the Court of Common Pleas of county, to practice as an attorney and counselor in your honorable court, and I certify that the said applicant was admitted to practice in said Court of Common Pleas on or before May 22, 1903, and at the pres- ent time has practiced therein for two years, and is of good moral character. 14. PRAECIPE FOR ADMISSION TO SUPERIOR COURT WHERE APPLICANT HAS BEEN AD- MITTED TO PRACTICE IN SUPREME COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING AT In the matter of the application of -^ For Admission to the Bar of the Superior Court of Pennsyl- vania. To the Honorable, the Judges of the Superior Court of Pennsylvania : And now, to wit, , 19. ., I hereby move for the admission of , Esq., a member of the bar in good and regular standing of the Court of Common 466 ADMISSION OF ATTORNEYS. Praecipe for Admission. 15, Ap. Pleas of county, to practice as an attorney and counselor in your honorable court, and I certify that the said applicant was admitted to practice at the bar of the Supreme Court of the commonwealth on the day of A. D. 19. ., and is of good moral charac- ter. 15. PRAECIPE FOR ADMISSION TO SUPERIOR COURT ON RECOMMENDATION OF STATE BOARD. IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING AT In the matter of the application of "I For Admission to the Superior Court of J Pennsylvania. To the Honorable, the Justices of the Supreme Court of Pennsylvania : And now, to wit, , 19. . . , the State Board of Law Examiners having certified to the Supreme Court that , Esq., of county, has complied with all the conditions prescribed by the rules of the Su- preme Court and further, the said board, having recom- mended that he be admitted to the bar of the Supreme Court of Pennsylvania, I hereby certify that he is of good moral character, and move for his admission to practice as an attornev and counselor in vour honorable court. 467 FORMS. 16, 17, Ap. Oath Certificate of Admission. 16. OATH OF ATTORNEY ON ADMISSION TO BAR. You do swear [or affirm] that you will support the con- stitution of the United States and the constitution of this commonwealth, and that you will behave yourself in the office of attorney within this court, according to the best of your learning and ability, and with all good fidelity, as well to the court as to the client; that you will use no false- hood, nor delay any person's cause for lucre or malice: Act April 14, 1834, 69, P. L. 354, Purd. 372. (See i Purd. 372.) 17. CERTIFICATE OF ADMISSION TO SUPREME COURT. IN THE SUPREME COURT OF PENNSYLVANIA Be it Remembered, That, at a Supreme Court of Penn- sylvania, holden at , in and for the district, before the Honorable , Doctor of Laws, Chief Justice, and his Associate Justices, on the day of , in the year of our Lord one thousand nine hundred and , , Esq., was, on motion of Esq., duly sworn [or affirmed] and admitted to practice as an attorney and counsellor of the said Supreme Court of Pennsylvania. Certified from the records under my hand and the official seal of the said Supreme Court, at , this day of , A. D. one thousand nine hun- dred and. . Prothonotary. (Seal of court here.) 468 ADMISSION OF ATTORNEYS. Certificate of Admission. 18, 19, Ap. 18. CERTIFICATE OF ADMISSION TO SUPER- IOR COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA Be it Remembered, That, at a Superior Court of Penn- sylvania, sitting at , before the Hon , Doctor of Laws, President Judge, and his associate Judges of the same court, on the day of in the year of our Lord one thousand nine hundred and on motion of , Esq Esq., was duly sworn [or affirmed] and admitted to prac- tice as attorney and counsellor of the said Superior Court of Pennsylvania. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said Superior Court, at , this day of , A. D. one thousand nine hundred and (Seal of court here.) Prothonotary. 19. CERTIFICATE RECOMMENDING ADMIS- SION TO BAR OF ANOTHER STATE. IN THE SUPREME COURT OF PENNSYLVANIA IN AND FOR THE DISTRICT In the matter of the application of "1 For Admission to the Bar of the State of 469 FORMS. 19, Ap. Recommending Admission to Bar of Other State. I, , Chief Justice of the Supreme Court of Pennsylvania, do hereby certify that the Supreme Court of Pennsylvania is the highest court of law within the state of Pennsylvania; and that on the day of in the year of our Lord one thousand nine hun- dred and , Esq., was duly admitted to practice as an attorney and counsellor at law in the said Supreme Court of Pennsylvania. I further certify that the said , Esq., has been in actual practice in the said Supreme Court of Pennsyl- vania for years last past and upwards, and that he is in good standing and of good moral character. I hereby recommend him for admission to the bar of the state of. , Chief Justice. Commonwealth of Penn- sylvania, County of Penn v Lw. I, , prothonotary of the Supreme Court of Pennsylvania, for the district, do hereby certify that Hon , whose genuine signature is affixed to and who has executed the foregoing certificate, was, at the time of the signing thereof, and now is (or as the case may be), Chief Justice of the said Supreme Court of Penn- sylvania duly commissioned and qualified according to law. Witness my hand and seal of the said court hereto affixed at , this day of A. D. 19 ... Prothonotarv. 470 APPENDIX. Supreme Court Districts. 20, Ap. 20. SUPREME COURT DISTRICTS BY COUN- TIES. EASTERN DISTRICT. Adams Erie Northampton Bedford Fayette Northumberland Berks Franklin Philadelphia Blair Huntingdon Perry Bradford Juniata Pike Bucks Lackawanna Potter Cameron Lancaster Schuylkill Carbon Lebanon Snyder Chester Lehigh Sullivan Centre Luzerne Susquehanna Clearfield Lycoming Tioga Clinton McKean Union Columbia Mifflin Warren Crawford Monroe Wayne Cumberland Montgomery Wyoming Delaware Montour York Elk Dauphin Allegheny Armstrong Beaver Butler Cambria Clarion MIDDLE DISTRICT. Fulton WESTERN DISTRICT. Forrest Greene Indiana Jefferson Lawrence Mercer Somerset Venango Washington Westmoreland 47i APPENDIX. 21, Ap. Supreme Court Terms and Return Days. 21. SUPREME COURT TERMS AND RETURN DAYS. EASTERN DISTRICT. The first, Second, third and fourth Mondays of January for the county of Philadelphia. The fourth Monday following the first Monday of Jan- uary in each year for the counties of Lehigh and Mont- gomery. The fifth Monday following the first Monday of January for the counties of Chester, Delaware and Bucks. The sixth Monday following the first Monday of January for the counties of Schuylkill, Lebanon and Lycoming. The seventh Monday following the first Monday in January for the counties of Lackawanna, Wayne, Pike and Wyoming. The eighth Monday following the first Monday in Jan- uary for the counties of Berks, Montour and Adams. The ninth Monday following the first Monday in January for the counties of Northampton, Carbon, Monroe and Franklin. The tenth Monday following the first Monday in Janu- ary for the counties of Bradford, Clinton, Cameron, Sulli- van and Susquehanna. The eleventh, twelfth and thirteenth Mondays following the first Monday of January for the county of Philadelphia. The fourteenth Monday following the first Monday in January for the counties of Luzerne and Columbia. The fifteenth Monday following the first Monday in Jan- 472 APPENDIX. Supreme Court Terms and Return Days. 21, Ap. uary for the counties of Blair, Centre, Clearfield and Hunt- ingdon. The sixteenth Monday following the first Monday in January for the counties of Crawford, Erie and Cumber- land. The seventeenth Monday following the first Monday in January for the counties of Warren, McKean, Tioga, Pot- ter and Elk. The eighteenth Monday following the first Monday in January for the counties of Bedford, Fayette, Union, Sny- der, Northumberland, Juniata, Mifflin and Perry. The nineteenth Monday following the first Monday in January for the counties of Lancaster and York. MIDDLE DISTRICT. The twentieth Monday after the first Monday of January for i.he counties of Dauphin and Fulton. WESTERN DISTRICT. The first Monday in October for the counties of Arm- strong, Cambria, Clarion, Forest, Jefferson, Mercer, Som- erset, Venango and Westmoreland. The second Monday in October for the counties of Beaver, Butler, Greene, Indiana, Lawrence and Washing- ton. The third Monday in October, and continuing until the list has been heard, for the county of Allegheny. Return Day for Murder Cases. First Monday of each month shall be special return day in each district. Fifth Monday after issuing writ shall be assigned for argument thereof. Supreme Court Rule n. 473 APPENDIX. 22, Ap. Superior Court Terms and Return Days. 22. SUPERIOR COURT TERMS AND RETURN DAYS. Rule i. The judges of the Superior Court will annually hold terms of the said court, and appeals shall be return- able, at the following times and places, except as provided in Rule 7. (See bottom of next page, "Criminal Cases.") First At Philadelphia : The first Monday of October, for the County of Phila- delphia. The second Monday of October, for the County of Phila- delphia. The third Monday of October, for the Counties of Phila- delphia, Franklin, Fulton and Wyoming. The fourth Monday of October, for the Counties of Bed- ford, Blair, Centre, Clearfield, Huntingdon, Lebanon, Mc- Kean, Northumberland and Potter. The second Monday of November, for the Counties of Berks and Lancaster. The third Monday of November, for the Counties of Bradford, Bucks, Chester and Delaware. The first Monday of December, for the Counties of Le- high, Monroe, Montgomery, Northampton and Schuylkill. The second Monday of December, for the Counties of Philadelphia and Carbon. Second At Williamsport : The first Tuesday after the last Monday of February, for the Counties of Cameron, Clinton, Elk, Lycoming, Sulli- van, Tioga and Union. 474 APPENDIX. Superior Court Terms and Return Day*. 22, Ap. Third At Scranton: The first Monday of March for the Counties of Colum- bia, Lackawanna, Luzerne, Montour, Pike, Susquehanna and Wayne. Fourth At Harrisburg: The second Monday of March, for the Counties of Adams, Cumberland, Dauphin, Juniata, Mifflin, Perry, Snyder and York. Fifth At Pittsburgh: The second Monday of April, for the Counties of Alle- gheny, Crawford, Erie, Forest, Venango and Warren. The third Monday of April, for the Counties of Fayette, Greene, Washington and Westmoreland. The fourth Monday of April for the County of Alle- gheny. The first Monday of May, for the Counties of Cambria, Clarion, Indiana, Jefferson, Somerset and Allegheny. The second Monday of May, for the Counties of Arm- strong, Beaver, Butler, Lawrence and Mercer. Criminal Cases. The first Monday of each month shall be a special return day for all appeals in criminal cases. The fifth Monday after issuing the writ shall be assigned for the argument thereof, provided the court shall then be in session. If then in session in a place other than that in which the writ issued, the prothonotary issuing such writ shall certify the record to the place in which the court shall be sitting. If the court shall not be in session at that time, the case shall be certified to the place in which the next term shall be held. Superior Court Rule 7. 475 APPENDIX. 23, Ap. Petition for Quo Warranto. 23. PETITION FOE QUO WARRANTO. IN THE SUPEEME COURT OF PENNSYLVANIA FOR THE DISTRICT. Commonwealth of Pennsylvania, ex rel. ^ Attorney General, Term, 19 . v. (No. . And now, to wit, 19 . ., comes , the Attorney General of the Commonwealth of Pennsyl- vania, and files this his suggestion, and gives the court to under- stand and be informed: First. That, at an election regularly held on the day of , 19. ., was elected to the office of [Set out in full all facts and the reasons for asking for writ. The original jurisdiction of the Supreme Court extends only to officers whose jurisdiction extends over the state.] Whereupon the said Attorney General suggests that the said court do award a writ of Quo Warranto, directed to the sheriff of county, commanding him to summon the said , that he be and appear before the said court on a day certain, to show by what authority he exercises the rights and duties [etc.]. Attorney General. 24. AFFIDAVIT TO PETITION FOR QUO WARRANTO. Commonwealth of Pennsylvania, ex rel. Attorney General, Term, 19 ... NO. State of Pennsylvania "I County of J SS " , being duly sworn [or affirmed] according to law, deposes and says: 476 FORMS. Petition for Mandamus. 25, Ap. That he is a citizen of the State of Pennsylvania and a property holder therein, and is largely and pecuniarily interested in the pros- perity of said state. That [set out in full facts, showing grounds for granting writ.] Sworn [or affirmed] to and subscribed before me this day of , 19.. [Seal here.] Notary Public. 25. PETITION FOR MANDAMUS. IN THE SUPREME COURT OF PENNSYLVANIA FOR THE DISTRICT. Commonwealth of Pennsylvania, ex rel. Term, 19... v. I No. . To the Honorable, the Justices of said Court : The petition of respectfully represents : [Set forth clearly facts showing a prima facie right to mandamus. The Supreme Court has original jurisdiction to issue writ only to courts of inferior jurisdiction.] Your petitioner therefore prays your honorable court to issue a writ of mandamus directed to the said Honorable , Judge of the said court of of the county of , commanding him [State specifically the acts desired to be performed] . And your petitioner will ever pray, etc. [Add affidavit of truth, as under Appendix, 24.] 477 APPENDIX. 26, Ap. Petition for Habeas Corpus. 26. PETITION FOR HABEAS CORPUS. IN THE SUPREME COURT OF PENNSYLVANIA FOR THE DISTRICT. Commonwealth of Pennsylvania, ex rel. "| Term, 19. v. [ No. . To the Honorable, the Justices of said Court: The petition of respectfully represents : [Set forth the reasons in full.] Your petitioner therefore humbly prays this Honorable Court to issue a writ of Habeas Corpus directed to , for his relief agreeably to the Act of Assembly in such case made and provided. And he will ever pray, etc. State of Pennsylvania County of , the above petitioner, having been duly sworn [or af- firmed] according to law, deposes and says that the statements made in the foregoing petition, so far as they are based on his own knowl- edge, are true, and so far as based on information received, are true to the best of his knowledge and belief. Sworn [or affirmed] to and subscribed before me this day of , 19.. [Seal here.] Notary Public. 478 FORMS. Allow. Ap. from Super, to Supreme Ct. Objections. 27, 28 27. PETITION FOR SPECIAL ALLOWANCE OF APPEAL FROM SUPERIOR TO SUPREME COURT. IN THE SUPREME COURT OF PENNSYLVANIA FOR THE . . DISTRICT. , ~> Term, 19... v. No. Petition for appeal by from the judgment of the Superior Court, Term, 19 . . , No To the Honorable, the Justices of said Supreme Court : The petition of respectfully represents : That he is the in the above case which originated in the Court of Common Pleas, of county, Term, 19. ., No , from which court an appeal was taken to the Superior Court of Pennsylvania, to Term, 19 . . , No. [State here the reasons for asking for special allowance, whether because of constitutional question involved, special importance of questions, etc., stating clearly the nature of the questions involved and how they arose, and also quote the opinion of the Superior Court verbatim. See 121, above.] Your petitioner therefore prays that he be allowed to appeal from the said judgment of the Superior Court to the Supreme Court of Pennsylvania. And he will ever pray, etc. OBJECTION BY APPELLEE TO JURISDICTION OF SU- PERIOR COURT. ^ Superior Court of Pennsylvania for the v. I District Term, j 19.., No And now, to wit, , 19 . . , the appellee, by his attorney objects to the jurisdiction of the Su- 479 APPENDIX. 29 Objection Jurisdiction Case to Supreme Court perior Court in the above case, it appearing from the record that the amount involved exceeds the sum of $1500 [or as the case may be], and moves the court to certify the appeal of to the Supreme Court of Pennsylvania, according to the Act of As- sembly in such case made and provided. Attorney for Appellee. 529. PETITION OF APPELLANT TO CERTIFY CASE TO SU- PREME COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING AT . Appellant. Term, 19. .. v - i No. . To the Honorable, the Judges of said Court : The petition of , appellant in the above case, respectfully represents : That your petitioner appealed from the judgment of the Court of Common Pleas of county, Term, 19 . . , No. , in an action brought by him for the recovery of [state cause of action and questions involved.] That the amount really in controversy in said action exceeds the sum of $1500, but that appeal was, through mistake of fact, taken to this court instead of the Supreme Court of Pennsylvania, to which court, by reason of the amount involved, said appeal should have been taken. Your petitioner therefore prays that said appeal be not quashed but that it be certified, at your petitioner 's cost, to the Supreme Court for hearing and decision, according to the provisions of the Act of As- sembly in such case made and provided. And your petitioner will ever pray, etc. Attorney for Petitioner. 480 FORMS. Petition for Supersedeas Bill of Exceptions. 30, 31, Ap. [Add affidavit as to truth of averments. Attach to above petition a copy of such part of the record as is necessary to show the jurisdic- tional facts.] 30. PETITION FOR SPECIAL ALLOWANCE OF SUPERSE- DEAS. IN THE COURT OF PENNSYLVANIA SITTING AT . Appellant I Term, 19... v. [No. . To the Honorable, the Justices of said court: The petition of .................... respectfully represents : That he is the appellant in the above cause, having appealed from the judgment of the Court of Common Pleas for the county of .......... , .......... Term, 19. ., No ............ That on the trial of the said cause in said court [Set out the facts and the questions involved in the lower court, the opinion filed, if any, and state clearly the grounds on which a special supersedeas is asked.] Your petitioner therefore prays your Honorable Court to grant a writ directing that all further proceedings in said cause be stayed pending the determination of his said appeal. And he will ever pray, etc. [Add affidavit of truth.] 31. BILL OF EXCEPTIONS. 1 .......... Term, 19.., No .......... I f Common Pleas, ............ County. Bill of Exceptions. Be it Remembered, That in the said term of , 19.., came the said plaintiff into the said court and impleaded the said 481 APPENDIX. 31, Ap. Bill of Exceptions. defendant in a certain plea of in which this said plain- tiff declared (prout narr) and the said defendant pleaded (prout pleas) and thereupon issue was joined between them. And afterwards, to wit, at a session of said court, held at the county aforesaid before the Honorable , Judge of the said court, the day of 19 . . , the aforesaid issue be- tween the said parties came to be tried by a jury of the said county for that purpose duly impanelled (prout list of jurors) at which day came as well the said plaintiff as the said defendant by their respec- tive attorneys, and the jurors of the jury aforesaid, impanelled to try the said issue, being also called, came and were then and there in due manner chosen and sworn or affirmed to try the said issue, and upon the trial the counsel for the said plaintiff and the counsel for the said defendant offered respectively the following testimony, to wit: (see testimony annexed) and at the conclusion of said testimony the court charged the jury as follows, to wit (see charge annexed) : [Add here a copy of the transcript of the testimony and charge secured from the court stenographer.] And thereupon counsel for the said did then and there except to the rulings of the said court on questions of evidence pro- pounded during the course of the trial, as appears by the forego- ing transcript of the evidence, and requested that the seal of the judge aforesaid should be put thereto, which was done according to the form of the statute in such case made and provided. And thereupon the counsel for the said did then and there except to the aforesaid charge and opinion of the said court, as appears by the foregoing transcript of the said charge, and inas- much as the said charge and opinion so excepted to do not appear on the record, the said counsel for the said did then and there tender this bill of exceptions to the rulings and the charge of the said court, and requested the seal of the judge aforesaid should be put to the same according to the form of the statute in such case made and provided. And thereupon, the aforesaid judge at the request of the said counsel for the , did put his seal to this Bill of Ex- ceptions, this day of 19. . . [Signature of Judge.] [Seal here.] [See Act May 11, 1911, P. L. 279, 162, above; see also 161, above.] 482 FORMS. Petition for Sealing Bill of Exceptions 32, Ap. 32. PETITION TO COMPEL SEALING OF BILL OF EXCEP- TIONS. IN THE COURT OF PENNSYLVANIA SITTING AT Petition of for order to "\ Term, 19. .. compel sealing of Bill of Exceptions. J No To the Honorable, the Justices [or Judges] of the Court of Pennsylvania: The petition of respectfully represents : That on the trial of an issue in the Court of Common Pleas of county, wherein your petitioner was plaintiff and was defendant, before the Honorable , one of the judges of the said court, and a jury duly impanelled therein, on the day of , 19 . . , the said defendant did offer as evidence in the said case the testimony set forth in "Exhibit A" attached hereto. And the counsel for your petitioner did then and there except to such testimony as is specifically set forth in the said exhibit accompanying this petition, and the said judge did then and there note exceptions thereto. Your petitioner further alleges that afterwards, in accordance with the rules of practice in said Court of Common Pleas, his counsel pre- sented a formal bill of exceptions to the said Judge , with the exceptions as made at the time of the trial, and requested the said judge to affix his seal thereto, which he then and there refused to do. That the refusal of the said Judge to affix his seal to the said bill of exceptions has grievously injured your petitioner and is a violation of the statute in such case made and provided. Your petitioner therefore prays that a writ be awarded out of this court, conformably to the statute in such case made and provided, di- rected to the said Judge , commanding him to appear at a certain day either to confess or deny the matters herein set forth; and, if he confess the same, to affix his seal to said bill of exceptions. And your petitioner will ever pray, etc. [Add affidavit as to truth of averments. Attach to the above peti- tion the exhibits referred to therein.] [See 161, and note (8) ; see also 49, Ap., for recent practice in Supreme Court by decree instead of writ in next section.] 483 APPENDIX. 33, Ap. Writ Directing Exceptions to be Sealed. 33. WRIT DIRECTING EXCEPTIONS TO BE SEALED. The Commonwealth of Pennsylvania to , greeting : Whereas, by statute, among other things, it is provided that in any suit before the judges, where an exception is taken, if the said judge before whom the same is taken refuses to allow the same, and the party making the exception puts the same in writing, and requests the judge to put his seal thereto, in testimony of the same, if he re- fuses so to put his seal, it shall be affixed as in said statute is set forth. And whereas, one has filed his petition before the Jus- tices [or Judges] of the Court of Penna., complaining that, lately in a certain suit in the Court of Common Pleas of , county, Term, 19. ., No. . . ., before you the said Hon between and the said , various exceptions were taken and alleged to your rulings on evidence offered; which excep- tions have been put in writing, and you have refused to allow the same, though you have been repeatedly requested and prayed to affix your seal to those exceptions, according to the form of the aforesaid statute. Yet so it is, that you have objected and still do object and refuse to affix your seal to the aforesaid exceptions, to the grievous injury and manifest prejudice of the said ; and the said did pray said Justices [or Judges] to provide a remedy for him. And because we are desirous that the aforesaid statute be strictly observed, and that justice be done to the said in these premises, we command you, if so it be, that on or before the day of 19 . . , you affix your seal to the aforesaid exceptions thus had before you in the aforesaid suit, by the aforesaid , in writing, according to the form of the statute aforesaid. And herein fail not, under the penalty in such cases impending. Witness the Honorable , Chief Justice [or President Judge] of our said Court, at this day of , A. D. 19.. Prothonotary. [See 49, Ap., for recent practice in Supreme Court by decree.] 484 FORMS. Amount in Controversy Praecipe for Certiorari 34, 35, Ap. 34. CERTIFICATE OF AMOUNT IN CONTROVERSY. -\ Common Pleas, County. v. I Term, 19... J No I hereby certify that the value of the property and amount in con- troversy in the above case tried before me is greater than fifteen hun- dred dollars. Judge. 35. PRAECIPE FOR CERTIORARI SUPREME COURT. IN THE SUPREME COURT Or PENNSYLVANIA FOR THE DISTRICT. [Put only name of appellant in -> Certiorari to the this space.] Court of of the W County of Term, 19. ., Appellant. J No Issue Certiorari to the Court of the County of to bring up record and proceedings in a certain action in said court, No , Term , 19 . . , wherein is plaintiff and defendant. Returnable to next Term, sec. reg., To , Prothonotary Supreme Court, . District. Attorney. . for Appellant. .. 485 APPENDIX. 36, 37, Ap. Praecipe for Certiorari Appeal from C. P. 36. PRAECIPE FOE CERTIORARI SUPERIOR COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA. SITTING AT [Put only name of appellant in this ,. Certiorari to the space.] Court of of the I County of [of Term, 19..., Appellant. I jjo Issue Certiorari to the Court of the County of to bring up record and proceedings in a certain action in said Court, No , Term , 19. ., wherein is plaintiff and defendant. Returnable to next Term, sec. reg. To Prothonotary Superior Court, Sitting at Attorney. . for Appellant. .. 37. APPEAL AND AFFIDAVIT APPEAL FROM COMMON PLEAS TO SUPREME COURT. IN THE SUPREME COURT OF PENNSYLVANIA FOR THE DISTRICT. (Court of of the County of Term, 19.., No Enter Appeal on behalf of from of the Court of of the County of Attorney . . for Appellant . . . To Prothonotary Supreme Court, District. 486 FORMS. Appeal from O. C. to Supreme Court 37, 38, Ap. State of Pennsylvania, 1 County of J being duly saith that said Appeal is not taken for the purpose of delay, but because appellant believe . . he . . ha., suffered injustice by the from which ..he., ha.. appealed. [Appellant sign here.] and subscribed, this day of , A. D. 19... NOTE. Above form is also used in appeals from criminal courts. 38. APPEAL AND AFFIDAVIT APPEAL FROM ORPHANS' COURT TO SUPREME COURT. IN THE SUPEEME COURT OF PENNSYLVANIA FOR THE DISTRICT. Appeal from the Orphans ' Court of the County of Estate of , No , Term, , 19. ., being aggrieved by the definitive decree of the Orphans ' Court in the above Estate, made on the day of A. D. 19. ., . .he. . hereby appeal. . therefrom to the Supreme Court of Pennsylvania. Attorney. . for Appellant. .. To Prothonotary Supreme Court, District. State of Pennsylvania, "] County of ' being duly saith that said Appeal is not 487 APPENDIX. 39, Ap. Appeal from C. P. to Superior Court. taken for the purpose of delay, but because appellant believe . . he . . ha., suffered injustice by the from which ..he., ha.. appealed. [Appellant sign here.] and subscribed this day of A. D. 19... 39. APPEAL AND AFFIDAVIT APPEAL FEOM COMMON PLEAS TO SUPERIOR COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA. SITTING AT 1 Court of of the County of Term, 19.., No Enter Appeal on behalf of from of the Court of of the County of Attorney. . for Appellant. .. Prothonotary Superior Court, Sitting at State of Pennsylvania, "j County of J being duly says that said Appeal is not taken for the purpose of delay, but because appellant believe. . he. . ha., suffered injustice by the from which ..he., ha.. appealed. [Appellant sign here.] and subscribed this day of , A. D. 19... NOTE. The above form is also used in appeals from the criminal courts. FORMS. Appeal from O. C. to Superior Court. 40, 41, Ap. 40. APPEAL AND AFFIDAVIT APPEAL FROM ORPHANS' COURT TO SUPERIOR COURT. IN THE SUPERIOR COURT OF PENNSYLVANIA. SITTING AT Appeal from the Orphans ' Court of the County of Estate of , No , Term, 19. ., being aggrieved by the definitive decree of the Orphans ' Court in the above Estate, made on the day of A. D. 19. ., . .he. . hereby appeal. . therefrom to the Superior Court of Pennsylvania. Attorney. . for Appellant. .. To Prothonotary Superior Court, Sitting at State of Pennsylvania, "1 County of j being duly saith that said Appeal is not taken for the purpose of delay, but because appellant believe, .he.. ha. . suffered injustice by the from which . .he. . . .ha. . appealed. [Appellant sign here.] and subscribed this day of A. D. 19... 41. CERTIORARI FOR RECORD APPEAL FROM COMMON PLEAS TO SUPREME COURT. The Supreme Court of Pennsylvania. . District. THE COMMONWEALTH OF PENNSYLVANIA. [Seal here.] certified of the r 489 To the Justices of the Court of Common Pleas, No. for the County of Greeting: We being willing for certain causes, to be certified of the matter of the appeal of APPENDIX. 41, Ap. Certiorari Ap. from C. P. to Supreme Court. from the judgment [order or decree] of the said Common Pleas Court, entered on the day of , 19 . . , in No , Term, 19. ., wherein the said appellant, was plaintiff [or defendant] and was defendant [or plaintiff], before you, or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, before the Justices of our Supreme Court of Pennsylvania, at a Su- preme Court to be holden at , in and for the District, the Monday of next so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , Chief Justice of our said Supreme Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements:] I certify, that are surety in the within case, in the sum of dollars. [Lower Court] Prothonotary. To the Honorable the Judges of the Supreme Court of the Common- wealth of Pennsylvania, sitting in and for the District : The record and process, and all things touching the same, so full and entire as before us they remain, we certify and send, as within we are commanded. rr & -, [L. fe.J [L.S.] [Judges of the lower court.] No Term, 19... SUPREME COURT. 490 FORMS. Certiorari Appeal from O. C. to Supreme Court. 42, Ap. Certiorari to the Court of Common Pleas No for the County of Returnable the Monday of , 19 ... Rule on the appellee, to appear and plead on the Return-day of the writ. [Supreme Court] Prothonotary. 42. CERTIORARI FOR RECORD APPEAL FROM ORPHANS' COURT TO SUPREME COURT. The Supreme Court of Pennsylvania. "] District. J SSm THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Orphans' Court for the [Seal here.] County of Greeting: We being willing for certain causes, to be certified of the matter of the appeal of from the definitive decree of the said Orphans' Court made on the day of 19 . . ., in No Term, 19. .. Estate of , deceased [or as the case may be] before you, or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, before the Justices of our Supreme Court of Pennsylvania, at a Su- preme Court to be holden at , in and for the District, the Monday of next so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , Chief Justice of our said Supreme Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements as in 41, of Appendix.] 491 APPENDIX. 43, Ap. Certiorari Appeal from O. & T. to Supreme Ct. 43. CERTIORARI FOR RECORD APPEAL FROM OYER AND TERMINER TO SUPREME COURT. The Supreme Court of Pennsylvania. "1 District. J v THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court of Oyer and Terminer, [Seal here.] f or the County of Greeting: We being willing for certain causes to be certified of the matter of the appeal of from the judgment and sentence of the said Oyer and Terminer Court, entered on the day of 19 . . , in No , Term, 19 . . , wherein the Commonwealth of Penn- sylvania was plaintiff and the said appellant was defendant before you, or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, before the Justices of our Supreme Court of Pennsylvania, at a Su- preme Court to be holden at , in and for the District, the Monday of next so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , Chief Justice of our said Supreme Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotarv. [Endorsements as in 41 of Appendix] 44. CERTIORARI FOR RECORD APPEAL FROM QUARTER SESSIONS TO SUPREME COURT. The Supreme Court of Pennsylvania. ~\ District. J THE COMMONWEALTH OF PENNSYLVANIA. 492 FORMS. Certiorari Appeal from Q. S. to Supreme Court. Certiorari Appeal from C. P. to Superior Court. 44, 45, Ap. To the Justices of the Court of Quarter Sessions, ro , , for the County of [Seal here.] * * . .... . Greeting: We being willing lor certain causes, to be certified of the matter of the appeal of from the decree of said Quarter Sessions Court, entered the day of 19. . in No Term 19. ., in the matter of [or from the judgment and sentence, etc., as in 43, above, as the case may be] before you, or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, before the Justices of our Supreme Court of Pennsylvania, at a Su- preme Court to be holden at , in and for the District, the Monday of next so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , Chief Justice of our Su- preme Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements as in 41 of Appendix] 45. CERTIORARI FOR RECORD APPEAL FROM COMMON PLEAS TO SUPERIOR COURT. The Superior Court of Pennsylvania Sitting at , ia, "1 ^.f. THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court of Common Pleas, No. ro , , T for the County of [Seal here.] . f Greeting: We being willing for certain causes, to be certified of [as in 41, Appendix, above] before you, or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, before the Justices of our Superior Court of Pennsylvania, at a Su- 493 APPENDIX. 45, 46, Ap. Certiorari Appeal from C. P. & O. C. to Superior Ct. perior Court to be holden at , the Monday of next, so full and entire as in your Court be- fore you they remain, you certify and send, togther with this writ, that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , President Judge of our Su- perior Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements as in 41 of Appendix] 46. CERTIORARI FOR RECORD APPEAL FROM ORPHANS' COURT TO SUPERIOR COURT. The Superior Court of Pennsylvania,""! Sitting at j THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Orphans' Court for the [Seal here.] County of Greeting: We being willing for certain causes, to be certified of [as in 42, Appendix, above] before you, or some of you, depending, do command you, that the record and pro- ceedings aforesaid, with all things touching the same, before the Jus- tices of our Superior Court of Pennsylvania, at a Superior Court to be holden at , the Monday of next, so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , President Judge of our said Superior Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements as in 41 of Appendix] 494 FORMS. Certiorari Appeal from O. & T. & Q. S. to Superior Ct. 47, 48 Ap. 47. CERTIORARI FOR RECORD APPEAL FROM OYER AND TERMINER TO SUPERIOR COURT. The Superior Court of Pennsylvania, "| Sitting at .............. J * THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court of Oyer and Terminer, ro , , T for the County of ............. [Seal here.] J . Greeting: We being willing for certain causes, to be certified of [as in 43, Appendix, above] before you, or some of you, depending, do command you, that the record and pro- ceedings aforesaid, with all things touching the same, before the Jus- tices of our Superior Court of Pennsylvania, at a Superior Court to be holden at ............ , in and for the ............ District, the .............. Monday of .............. next, .............. so full and entire as in your Court before you they remain, you certify and send, together with this writ that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable ............ , President Judge of our said Superior Court, at ............ , the ............ day of ........... in the year of our Lord one thousand nine hundred and ............. Prothonotary. [Endorsements as in 41 of Appendix] 48. CERTIORARI FOR RECORD APPEAL FROM QUARTER SESSIONS TO SUPERIOR COURT. The Superior Court of Pennsylvania, Sitting at THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court of Quarter Sessions , for the County of Greeting: We being willing for certain causes, to be certified of [as in 44, Appendix, above] before you, 495 APPENDIX. 48, 49, Ap. Petition Suggesting Diminution of Record or some of you, depending, do command you, that the record and proceedings aforesaid, with all things touching the same, be- fore the Justices of our Superior Court of Pennsylvania, at a Su- perior Court to be holden at , the Monday of next, so full and entire as in your court before you they re- main, you certify and send, together with this writ, that we may fur- ther cause to be done thereupon that which of right and according to the laws of the said State ought. Witness the Honorable , President Judge of our said Superior Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. [Endorsements as in 41 of Appendix.] 49. PETITION SUGGESTING DIMINUTION OF RECORD. In the COURT OF PENNSYLVANIA. Petition Suggesting Diminution of Record. To the Honorable, the Judges of Said Court: The petition of , the above named Appellant, respect- fully represents: That your petitioner duly entered his appeal, and in response to the certiorari of your Honorable Court, the court of Common Pleas returned, [or failed to return] as part of its record, the following: [Set out the matter as to which a mistake is alleged to have been made in the return and state in detail the nature of the omission and what steps, if any, were taken to correct the error in the court below.] Your petitioner further states that the missing part of the record is essential to petitioner's case. Your petitioner therefore suggests diminution of the record and prays Your Honorable Court to order a special writ of certiorari, di- recting and commanding the Honorable Judge of the said Court of Common Pleas of county, to send up to your 496 FORMS. Decree, Certificate of Court and Stenographer. 49,50, Ap. Honorable Court a true and correct copy of the [matters before enum- erated] as they appear on the records of said Court. And he will ever pray ! (Add Affidavit of Proof.) [The Supreme Court has recently introduced the practice, in place of a writ of certiorari, of entering a decree on Remittitur Sur Dimi- nution of Record, where the record lacks the certificates of the sten- ographer and the trial judge, as follows, the petition in this case pray- ing for an order of the court instead of the writ of certiorari:] Decree. And now, , 19 . . , upon consideration of the foregoing petition, and upon motion of , Esq., , so- licitor for , it is ordered and decreed that in the matter of the Appeal of from the judgment of the Court of of County, as of Term, 19 . . , No where the said Appellant was and , the record and proceedings therein be and they are hereby remitted to the said Court of of County for the purpose of having affixed to the notes of testimony therein the certificate of the official stenographer and the trial judge of the said court attesting the authenticity of the said notes of testi- mony, and it is further ordered and decreed that after the said cer- tificates have been made and affixed to the said notes of testimony in the said Court of of County the record and proceedings of the said cause be returned by the said Court of of County to this Court without further order. Per Curiam. 50. CERTIORARI SUR DIMINUTION OF RECORD SUPREME COURT. In the Supreme Court of Pennsylvania. For the . . District. I.M. THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court . . [Seal here.] for the County of , Greeting: 497 32 APPENDIX. 50, Ap. Certiorari Sur Diminution of Record. Whereas, by our writ of Certiorari we commanded you, in a plea [appeal of , in the matter of in No , Term, 19. . ], that if Judgment were rendered, then the record and process and all things touching the same, under your seal distinctly and openly, you should have before the Justices of our Supreme Court, at a Supreme Court to be holden at , in and for the said District, on the Monday of 19 . . , and that writ ; that the record and process aforesaid being inspected, we might fur- ther cause to be done what of right and according to our laws and cus- toms ought ; and now, on behalf of said , it is shown to us, that although, under pretence of our said writ, you may have sent before us, on the day last aforesaid, the record and process aforesaid in some part thereof, yet other part of the same record and process, and also certain other things touching them, still remain before you to be sent, to no small damage and grievance; therefore, if so it is, then we command you, that you send to us without delay, under your seal . . distinctly and openly, the residue of the record and process aforesaid, and also all other things touching them, which, as is before said, remain before you to be sent, and this writ ; that the same being inspected, we may further cause to be done what of right and according to our laws and customs ought. Witness the Honorable , Chief Justice of our said Su- preme Court at , this day of in the year of our Lord one thousand nine hundred and Prothonotary. Allowed by 51. CERTIORARI SUR DIMINUTION OF RECORD SUPERIOR COURT. The Superior Court of Pennsylvania, ss. Sitting at THE COMMONWEALTH OF PENNSYLVANIA. To the Judges of the Court . [Seal here.] for the County of Greeting : 498 FORMS. Certiorari Sur Diminution of Record 51, Ap. Whereas, by our writ of we com- manded you, in a plea [as in Appendix 50, next above] that if Judgment were rendered, then the record and process and all things touching the same, under your seal distinctly and openly, you should have before the Judges of our Superior Court, at a Superior Court to be holden at , on the Monday of 19. ., and that writ ; that the record and process aforesaid being inspected, we might further cause to be done what of right and according to our laws and customs ought; and now, on behalf of said appellant . . , it is shown to us, that although, under pretence of our said writ, you may have sent before us, on the day last aforesaid, the record and process aforesaid in some part thereof, yet other part of the same record and process, and also certain other things touching them, still remain before you to be sent to no small dam- age and grievance; therefore, if so it is, then we command you, that you send to us without delay, under your seal distinctly and openly, the residue of the record and process aforesaid, and also all other things touching them, which, as is before said, remain before you to be sent, and this writ; that the same being inspected, we may further cause to be done what of right and according to our laws and customs ought Witness the Honorable , President Judge of our said Superior Court, at this day of in the year of our Lord one thousand nine hundred and . Prothonotary. Allowed by 52. APPEAL BOND COMMON PLEAS. -| Court of Common Pleas of the v. I County of , I Term, 19.., No Appellant having appealed from the order, judgment or decree of the Court of Common Pleas No of the County of , entered 19.., to the Court, comes into 499 APPENDIX. 52, 53, Ap. Appeal Bond C. P. Affidavit of Sureties court with his sureties and they acknowledge themselves bound and indebted to the Commonwealth of Pennsylvania, for the use of [the appellees] in the sum of [usually double the amount of judgment, order or decree] to be levied of their property, real and personal, to be paid said obligee certain attor- ney or assigns, Upon this condition, That if the said appellant shall prosecute the appeal with effect and shall pay the amount finally adjudged to be due upon such order, judgment or decree including interest and costs, and shall pay all costs and damages awarded by the appellate court, or legally chargeable against said appellant, and shall pay all damages for injuries suffered by appellees from the time of the decree entered and all mesne profits accruing after judgment, if any, then the above obli- gation to be void, or else to remain in full force and virtue. PL S 1 Sealed and delivered, the . . . day of A.D.19... L-L"- o-J In presence of 53. AFFIDAVIT OF SURETIES APPROVAL BY COURT. Court of Common Pleas of the County of Term, 19.., No v. ( Surety for Amount of Property Secured, $ Penal Sum of bond $ being about to become surety in the above entitled case, and being duly according to law deposes and says : 1st. I reside at and my occupation is 2d. I am the owner of real estate in the County of , as follows : 500 FORMS. Affidavit of Sureties Approval. 53, Ap. 3d. The value of said real estate is $ and the rent It is assessed for the purpose of taxation, at the value of $ and is so assessed in my name. 4th. There are incumbrances against the said real estate as follows: and there is no other judgment bind- ing the said land or mortgage, ground rent or other ineumbrance of any kind, except those above named. 5th. The title to the said real estate is in my OWB name and the same is not subject to any trust. 6th. I obtained the said real estate in by from and my deed therefor is recorded. 7th. There are judgments against me 8th. I am not surety in any other case, or for any public officer (Signature of Surety) Sworn [or affirmed] and subscribed before me . . 19. . Prothonotary. Notice of application for approval of this surety was given to the by writing on the day of 19.. Attorney for The above-named deponent is approved as surety in the above case. Judge. 501 APPENDIX. 54, Ap. Appeal Bond, O. C. 54. APPEAL BOND ORPHANS' COURT. In the matter of Estate of -^ Term, 19... No. . Know all men by these presents, That we, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of [usually double amount of order or decree] dollars, lawful money, to be paid said Commonwealth of Pennsylvania, its certain attorney or assigns; to which payment well and truly to be made, we bind ourselves and each of us, our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seals, and dated the day of in the year of our Lord one thousand nine hundred and Whereas, ha. . appealed from the final decree of the Orphans ' Court for the County of , made on the day of 19... Now, the condition of the above obligation is such, That, if the said shall prosecute appeal with effect, and pay all costs and damages awarded by the appellate court or legally chargeable against then the above obligation to be void, or else to remain in full force and virtue. Sealed and delivered In the presence of [L. S.] [L. S.] [L. S.] [L. S.] 502 FORMS. Fixing Amt. of Security, O. C. Order for Appearance 55, 56, Ap. 55. FIXING AMOUNT OF SECURITY ORPHANS' COURT. IN THE ORPHANS ' COUET OF COUNTY. No , Term 19... Estate of I Sur appeal to the Court. And now , 19. ., the court fix security on the said ap- peal in the sum of [twice amount involved]. [Lower court] Judge. 56. ORDER FOR APPEARANCE FOR APPELLEE. IN THE COURT OF PENNSYLVANIA. SITTING AT . Appellant. | Term, 19. v. To the Prothonotary of the Court. Enter my appearance for the appellee in the above case. [Put address here.] Attorney for Appellee. ,19... 503 APPENDIX. 57, 58 (A), Ap. Party Dead, Substitution. Paper-Books. 57. SUBSTITUTION OF PERSONAL REPRESENTATIVE OF DECEASED PARTY. IN THE COURT OF PENNSYLVANIA. SITTING AT . . , ] Term. 19... Appellant. 'No. And now, to wit , 19 . . , the death of , the appellant, is suggested, and that letters of administration on his es- tate were granted to , by the Register of Wills of the County of on , 19 . . ; and the said administrator as aforesaid, is hereby substituted as plaintiff and as appellant in the above case. Attorney for 58. FORMS FOR PAPER-BOOKS. (A) Appeals from Judgments on Verdicts. General Requirements. The following directions accompany- ing these forms have been prepared from the rules of the appel- late courts, and the decisions. Some suggestions are made in the details which it is believed will contribute to accuracy and facility in preparing and consulting the record. The general re- quirements are as follows: i. Penalty for Non-Compliance with Rules. 'When the appellant is in default according to these rules, he may be non- suited on motion ; and when the appellee is in default, he will not be heard except by special indulgence of the court. Supreme Court Rule 43 ; Superior Court Rule 32 ; 205. When paper-books are furnished which differ in any material respect from those here prescribed, the parties furnishing them shall be considered in the same default as if none had been fur- 504 [Forms for Paper-Books.] [ 58 (A), Ap.] nished, and on a proper occasion the court will, of its own motion, non-suit or silence the defaulting party, or suppress the paper- book. Supreme Court Rule 44 ; Superior Court Rule 33 ; 205. 2. Size of Paper-Book, Quality of Paper, etc. Paper- books shall be furnished on unglazed book-paper, 9 inches by 6 inches in size, and printed from small pica or long primer type, with a margin of not less than one inch. Supreme Court Rule 45 ; Superior Court Rule 34; 189, above. Small pica and long primer type are no longer cast in type foundries. In place of them the nearest corresponding sizes are designated n point and 10 point, respectively. These two sizes are used in these forms for paper-books, this paragraph being in 10 point type. 3. Head-lines to Each Page. Brief words shall be print- ed at the top of each page of the paper-book, indicating the char- acter of the matter contained therein; and, in the appendix, the name of the witness or the character of the document shall so appear. Supreme Court Rule 39; Superior Court Rule 28; 189, above. 4. Paging. The pages of the paper-book shall be numbered in Arabic figures, and not Roman numerals, those in the appen- dix to be followed by a small a, thus : 100 a. Supreme Court Rule 39; Superior Court Rule 28; 189. The appendix, whether bound separately or with the rest of the paper-book, must have a separate paging, beginning with la and not looa, as used in the rule as an illustration. Oral construc- tion of Rule by Supreme Court, Jan., 1912. Insert paging at top corner of page in margin so as to catch the eye readily in turning pages, never at the bottom of the page. 5. Cover of Paper-Books. The cover of the paper-books must be light in color, and firm in texture, to permit writing in ink thereon to be easily read. Supreme Court Rule 45 ; Superior Court Rule 34; 189, above. For contents of cover see below, this section. 6. Contents of Paper-Book, Order of. In all cases where appeals are from judgments on verdicts, appellants' paper-books [505] [ 58 (A), Ap.] [Forms for Paper-Books.] shall contain the following matters "in the following order:" (I- XI, this section, below). See 190, above. The words quoted are omitted from the other rules, ( (B)-(H), this section, below), but, on reason, they should apply universally. The language is taken from rules adopted Sept. 6, 1852. 7. Appendix. If a paper-book contains more than one hun- dred pages, the appendix shall be printed in a separate paper- book with a proper index thereto. Supreme Court Rule 46; Su- perior Court Rule 35; 189, above. See index following, and suggested form for appendix at end of this section. 8. Number of Copies in Supreme Court. In the Supreme Court each party shall furnish one copy of his paper-book for each of the Judges and eleven to the Prothonotary two for the reporter, one for the Law Association of Philadelphia, one for the West Publishing Company, one for the State Library, one for the "Legal Intelligencer," two for the prothonotary's office, one for the office of the court of each of the other districts, and one for the records. Supreme Court Rule 42 ; 203, above. 9. Number of Copies in Superior Court. In the Supe- rior Court each person shall furnish a copy of his paper-book to each Judge and file eleven copies with the prothonotary, one of which is to remain with the records, two to be delivered to the reporter, two to the crier, one for the State Library, one for the Law Association of Philadelphia, one for the "Legal Intelligen- cer," one for the Advance Notes, one for the Allegheny County Law Library, and one for the Hirst Free Law Library. Superior Court Rule 31 ; 203, above. 10. Additional Copies. At least fifty copies of the paper- book should be printed. This provides for any demand which may arise for extra copies in the attorney's own office, and also allows him to meet reasonable requests for copies by parties to the suit, and by lawyers or legal publishers interested in the question involved. [506] [Forms for Paper-Books.] [ 58 (A), Ap.] [FRONT COVER] Term, 19. .. No IN THE COURT OF PENNSYLVANIA Sitting at [Plaintiff's Name Here] vs. [Defendant's Name Here] Appellant [or as the case may be.] Appeal from the Court of ....... .for the County of . . . Term, 19 . . . , No APPELLANT'S PAPER-BOOK. [INSERT COUNSEL'S NAME HERE IN INVERSE ORDER OF SENIORITY.] Attorneys for Appellant. [Contents of Cover. The cover must show the number and term of the case in the appellate court, the names of the parties in the same order as they appear on the docket of the court be- low, with the addition of the word "Appellant" after the name of the party taking the appeal, and the court from which the appeal is taken (and, although not required by rule of court, it is good practice to add the term and number of the case in the court below ) . Supreme Court Rule 45 ; Superior Court Rule 34 ; 189, above.] [Substitution Where Parties Have Died. If any of the parties have died since verdict or judgment, the names of the substituted parties should be inserted on the cover in the same order as the names of the original parties appear on the docket of the court below. Cf. 131, above. For form for substitution, see Appendix, 57. [ 58 (A), Ap.] [Forms for Paper-Books.] [INSIDE FRONT COVER] INDEX PAGE. I. (a) Names of Parties, and (b) Form of Action .... I II. Docket Entries ................... . ............. i III. Abstract of Proceedings ......................... 2 IV. Certificate of Amount in Controversy .............. 2 V. Statement of Questions Involved .................. 2 VI. History of Case ................................. 3 VII. (a) Charge of Court, (b), (c) Points and Answers . . 6 VIII. Verdict and Judgment ........................... 8 IX. Assignments of Error ........................... 10 X. Argument ...................................... 12 [I, II and III inserted by way of illustration.] (I.) Original contract ultra vires ............... 12 Lancaster County v. Fulton, 128 Pa. 48, (1889) ........................... .. 13 (II.) Alleged new contract merely iteration of void contract ............................. 15 Evidence ............................. 16 (III.) If evidence of new contract was sufficient for jury, yet contradictions of previous testi mony are such as to prevent recovery : . . 20 Evidence .............................. 23 Hunter v. Nolf, 71 Pa. 282, 285, (1872) . . 24 Mead v. Conroe, 113 Pa. 220, 226, (1886) . 25 (Index only leading cases.) XL Appendix. Index to Appendix. [To be printed on inside cover of Appendix when Appendix is printed in separate book.] Affidavit of Defense Appearances ................................... ia Certification of Recor d .......................... 2ia [508] [Forms for Paper-Books.] [ 58 (A), Ap.] Evidence : Admissions in Evidence 2a Plaintiff's Evidence begins la Defendant's Evidence begins I5a Plaintiff's Evidence in Rebuttal begins i8a (See Witnesses below.) Documentary Evidence: Check from to dated iQa Deed from to dated 2oa Letter from to dated 2ia Exhibit "A," contract in suit 22a Judgment, Entry of, n.o.v 2oa Exceptions to 2oa Motion for 2oa Motion for New Trial i8a Motion for Judgment n.o.v 2oa New trial, motion for i8a Opinion of Court on Motion for New Trial i8a Plaintiff's Statement 22a Plea 243 Witnesses : Plaintiff's Witnesses : Direct. Cross. Redirect. Doe, John loa I2a I3a Roe, Richard ia 6a 8a etc., etc. Defendant's Witnesses: [Arrange alphabetically as above.] Plaintiff's Witnesses in Rebuttal : [Same as above.] [All paper-books shall contain a full and complete index, includ- ing an index of the appendix, which shall be on the inside of the front cover of the book, or on the following pages thereof. The index of the appendix shall contain a full and complete reference to its contents, including exhibits and the names of witnesses, and [509] [ 58 (A), Ap.] [Forms for Paper-Books.] where the testimony is printed, indicating in each instance where the examination, cross-examination and re-examination begins. If a paper-book contains more than one hundred pages, the appen- dix shall be printed in a separate paper-book with a proper index thereto. Supreme Court Rule 46; Superior Court Rule 35; 189, above.] [The usual meaning of an index implies an alphabetical arrange- ment. Sometimes "index" is used to mean table of contents. A large majority of the paper-books inspected by the editor, covering a period of many years, favor the latter construction. Uniformity and facility of reference seem also to favor this construction, as to the paper-book proper. The index to the appendix should be alphabetical as far as practicable.] [N. B. Some uniformity as to the nomenclature and arrange- ment should be adopted in the preparation of the index to the ap- pendix. The order specified by the rules of court for the mat- ters contained in appellant's paper-book seems to fix the order for these matters in the index to the paper-book proper. If "Plain- tiff's Statement" is always used in place of "Statement of Claim" it will precede "Plea" in the index as it does chronologically, and be more readily found than if the terms are used indiscriminately. "Affidavit of Defence" should be used ; not "Defence, Affidavit of." It is better to arrange the "Documentary Evidence" alpha- betically by character than chronologically as Exhibits "A," "B," "C," etc., unless it is referred to in the paper-book in the latter way, in which case the latter way is better, but always indicate character of exhibit. It seems best to arrange witnesses alphabet- ically under chronological heads of "Plaintiff's Witnesses," "De- fendant's Witnesses," and "Plaintiff's Witnesses in Rebuttal."] [Where findings of fact are objected to, or evidence is needed for other reasons, counsel should give a synopsis, or collect the evi- dence in full in their argument, giving reference to pages: 189 note 12 (n) ; 199. The index should show where the evidence is collected under the different branches of the case.] Names of Parties and Form of Action. [FIRST PAGE FOLLOWING INDEX.] IN THE COURT OF PENNSYLVANIA Sitting at Term, 19. . , No [PLAINTIFF'S NAME HERE.] vs. [DEFENDANT'S NAME HERE.] Appellant [or as the case may be.] Appeal from the Court of . for the County of No , Term, 19. . APPELLANT'S PAPER-BOOK. [The rules of court do not require this heading but it seems to be proper practice to insert it It is the beginning of the paper- book proper. If any of the parties have died since verdict or judg- ment, the names of the substituted parties should be inserted above in the same order in which the names of the original parties appear in the docket of the court below.] I. (a) NAMES OF PARTIES AND (b) FORM OF ACTION. (a) Names of Parties. (Plaintiff's Name Here.) vs. (Defendant's Name Here.) Appellant [or as the case may be.] (b) Form of Action. Trespass [or as the case may be.] [The rules of court require the names of all the parties as they stood on the record of the court below "at the time of the trial," Docket Entries Abstract of Proceedings 2 Certificate of Amount in Controversy. where the appeal is from a judgment on a verdict, or "at the time of the entry of the judgment," where the appeal is from a final judgment at law in the common pleas not founded upon a ver- dict, or a case-stated, with the addition of the word "Appel- lant," after the name of the party taking the appeal, in all cases, and the form of the action. Supreme Court Rules 29-30; Supe- rior Court Rules 17-18; 190-192, above.] [Parties substituted after trial or judgment should not be in- serted here.] II. DOCKET ENTRIES. [Copy the docket entries verbatim.] III. ABSTRACT OF PROCEEDINGS. [All that is required or proper is a general statement of the pleadings "showing the issue, and how it was made," not the judgments, facts, details or conclusions, e. g. :] Plaintiff's statement alleged personal injuries caused to plaintiff [or as the case may be] by defendant's negligence, Defendant pleaded not guilty. [or] Plaintiff's statement alleged [state in a few lines as briefly as possible]. Affidavit of defense filed. Rule for judgment for want of sufficient affidavit of defense. IV. CERTIFICATE OF AMOUNT IN CONTRO- VERSY. I hereby certify that the value of the land [or of the in- terest, or of the property] really in controversy in the above case tried before me is greater than fifteen hundred dollars. > Judge. [To be filed where the amount exceeds $1500, on appeal to the Supreme Court in mandamus proceedings, in actions of eject- Statement of Questions Involved. ment, either legal or equitable, and in all other actions or issues in the common pleas or in the orphans' court, which involve the pos- session of, or title to real property, or chattels, real or personal. Act of May 5, 1899, 117 (A), above; Supreme Court Rule 23, 117 (B), above.] V. STATEMENT OF QUESTIONS INVOLVED. [The following are inserted by way of illustration:] 1 i ) Negligence of Employer by putting work in charge of incompetent superintendent. See Assignments of Error 1-3, inclusive, pages (2) Contributory Negligence of plaintiff by disobe- dience of orders. See Assignments of Error 4-6, inclusive, pages [The statement of the question involved is designed to enable the court to obtain an immediate view of the nature of the con- troversy. It must state the question or questions in the briefest and most general terms, without names, dates, amounts, or par- ticulars of any kind whatever. It should not ordinarily exceed ten- lines, and must not, under any circumstances, exceed half a page. This rule is to be regarded as in the highest degree man- datory and admitting of no exception. Supreme Court Rule, 34 ; Superior Court Rule 23; 196, above.] [Statement should include any question which, though unrelated to main matter for decision, is sufficiently important to be assigned for error: Willock v. R. R., 229 Pa. 526, 530 (1911) ; Smith v. R. R., 232 Pa. 456, (1911)-] [The reference to the assignments of error is not required by rules of court but is suggested as good practice.] [The following examples were prepared by Mr. Chief Justice Mitchell, when the rule was first adopted, for the purpose of illus- trating the rule :] (a) Question of Construction and Administration of Trust. Testator devised to A in trust for maintenance of B and his chil- dren, with proviso that trustee should not be accountable for prin- cipal paid to B in his lifetime. After B's death trustee's account showed payment of entire personal estate to B. Court refused to [513] 33 Statement of Questions Involved. surcharge. Children, appellants, claim trust was for main- tenance and payments improper (Beaumont's Estate 195 Pa. i). (b) Verbal Guaranty of Mortgage. In assumpsit against bank- ers on alleged verbal guaranty of Kansas mortgages sold to plain- tiff, it appeared that the mortgages became due by default, but the plaintiff failed to show that he had tried to collect the debt from the land or the debtor within six years, or that an effort to do so would have been useless. Court non-suited (Button v. Pyle, 195 Pa. 8). (c) Agreement of Separation. Husband and wife separated by agreement, on terms dictated by the wife. On husband's death some years later, his estate was found to be unexpectedly large. Court held that, in the absence of any affirmative evidence of fraud, coercion or concealment, the agreement was binding (Franks's Estate, 195 Pa. 26). (d) Costs in Equity, and the power of the court to control the amount and the payment (Penna. Co. v. Bank, 195 Pa. 34). (e) Liability of Assignor of Stocks on Implied Warranty of Title. Plaintiff corporation issued certificates for shares of its own stock to B on forged power of attorney ; B transferred cer- tificate to defendants as collateral for his note; subsequently plaintiff bought the note and collateral from defendants and on discovery of the forgery brought suit in assumpsit. Court non- suited (Philada. Bank v. Smith, 195 Pa. 38). (f ) Trade Libel by words charged in the inducement to be in- jurious to plaintiff's business. Demurrer on the ground of privi- leged communication not sustainable where statement avers mal- ice (Mclntyre v. Weinert, 195 Pa. 52). (g) Liability as General Partners of Members of Limited Part- nership whose certificate fails to comply with the requirements of the statute by stating the facts accurately (Lee & Bacchus v. Burnley, 195 Pa. 58). (h) Liability of Partnership on Judgment Confessed by One Partner in Firm Name for Prior Individual Debt. Question ( I ) of fact as to assumption of the debt by the firm; and (2) of ef- fect of judgment so confessed (Adams v. Leeds Co., 195 Pa. 70). History of Case Charge of Court. (i) Bill in Equity by Stockholder to enforce corporate rights. Requisites of such bill when demurred to. Railroad lease con- taining arbitration clause, etc., attacked by shareholder. Question of implied fraud, laches, etc. (Wolf v. R. R. Co., 195 Pa. 91.) (j) Loss of Earning Power as an element in measuring dam- ages and as affecting the profits of business in action for per- sonal injuries by negligence. (Wallace v. R. R. Co., 195 Pa. 127.) VI. HISTORY OF CASE. [The history of the case must contain a closely condensed statement of all the facts of which a knowledge may be necessary in order to determine the points in controversy here, but must not contain any argument or any portion of the testimony. Supreme Court Rule 35; Superior Court Rule 24; 197, above.] [If affidavit of defense does not go to merits but only to suffici- ency of statement, facts not appearing in statement should not be set forth in history of case: See 197, note (i) (e).] [The history of the case should make no statements not justi- fied by the evidence : Mr. Justice Brown in Levin v. Traction Co., 194 Pa. 156, 157, 1899.] VII. (a) CHARGE OF COURT, (b), (c) POINTS AND ANSWERS. (a) The Charge of the Court. [The following is inserted by way of illustration:] JUDGE ENDLICH charged the jury as follows: Gentlemen of the Jury: Although the trial of this case ***** ****** In connection with this question of the value of the services, I want to say to you, that the plaintiff makes no claim, and, of course, cannot recover for any services rendered before the first Monday of January, 1883. For, whatever services he performed in 1882, he was paid by his salary as County Solici- tor. And, if it is true, as claimed by the defendant, that the bulk of the work, or any part of the work, in the proceedings to obtain this credit was done by the plaintiff during- 1882, so \ Charge of Court. that, under the new contract (if there was any), he had the benefit of work he had been paid for doing then that circum- stance may be considered by the jury as bearing upon the quantity and value of the services for which this suit is brought. Now, gentlemen, I think I have said everything to you I need say. I will repeat that [the questions for your deter- mination are: First. Has the plaintiff shown that in 1883 a new contract was made between these parties, which they intended to be the basis of all future services and compensation? If he has not so shown, you will return your verdict for defendant. If he has, and only then, you will inquire : Second. What sum fairly represents the value of plaintiff's services rendered after 1882, in obtaining the credit of $20,- 823-50.] 5 To that sum you will then calculate and add interest from June 1 8, 1887, and for the aggregate return your verdict for plaintiff. (Exception noted for both plaintiff and defendant before verdict, and trial judge. requested to reduce the charge to writing and file it of record. See page ... .a, for certificate of stenographer and judge [or bill of exception, as the case may be].) [The case used to illustrate these forms has been modified slightly to suit the purposes of the text.] [The parts of the charge assigned as error must be enclosed in brackets in the printed charge with the number of the assignment noted. Supreme Court Rule 27; Superior Court Rule 15; 186, above.] [The numeral must be inserted after the bracket, corresponding with the number of the assignment. The number of assignment may not be indicated by reference to marginal- or foot-notes: Oral construction of Rule by Supreme Court, Jan., 1912.] Plaintiff's Points. [A good form seems to be to have the required brackets set in bold-face type. The use of small figures as exponents is good practice. They should be inserted after the last bracket, not be- fore the first one.] [Record must show exception to charge before verdict and re- quest that charge be reduced to writing and filed of record : Curtis v. Winston, 186 Pa. 492; Linderman v. Hershberger, 47 Pa. Super. 308; Brown v. Boro., Id. 413, (1911).] [The fact that exceptions were noted to the charge should also appear at the end thereof, if no formal bill of exceptions was sealed. See 155 and 162, above. A statement as above, with reference to the certificate, etc., by page, in the appendix, seems sufficient. ] [The name of the judge is required to be inserted: Supreme Court Rule 29; Superior Court Rule 17, 190, above.] (b) The Plaintiff's Points and Answers. The Court is respectfully requested to charge : [Inserted by way of illustration.] i. If the jury believe, from the evidence, that by reason of any contract or agreement entered into between the plaintiff and the County Commissioners, after the first Monday of January, 1883, he undertook, with their knowl- edge, approval, and consent, the collection of a claim of the County of Lancaster against the Commonwealth, and by his labors, rendered subsequently to that date, secured the collection of said claim, the verdict must be for the plaintiff for such amount as the jury believe from the evidence his services were worth to the County of Lancaster, with in- terest from June 20, 1887. Answer. Affirmed. [2. If the jury believe, that after the expiration of plain- tiff's term of office as Solicitor for the County of Lancaster, a new agreement was entered into between him and the County Commissioners and that the services rendered by him for which he seeks compensation were rendered exclu- sively under the new agreement, the verdict of the jury 8 Defendant's Points Verdict and Judgment. must be in his favor for such sum as under the evidence will properly compensate him for such service, with interest from June 20, 1887. Answer. Affirmed.] 13 (c) The Defendant's Points and Answers. The Court is respectfully requested to charge: i. The contract of June 28, 1882, given in evidence, was contrary to public policy and void, and there can be no re- covery by the plaintiff in this action for services rendered under or in pursuance of said contract, whether said ser- vices were rendered while the plaintiff held the office of Solicitor of Lancaster County, or after the expiration of his term of office. Answer. Affirmed. [2. There is no testimony in the case of a contract be- tween the plaintiff and the defendant other than that of June 28, 1882, and all services rendered by the plaintiff must be regarded as having been rendered under the said contract. Answer. Reserved.] 6 [3. Under all the testimony in the case the verdict must be for the defendant. Answer. Refused.] 14 (Exceptions by to answers to 's points before verdict.) [The brackets and number of assignment are not required by rules of court to be given with the points and answers, but it seems to be good practice to insert them.] VIII. VERDICT AND JUDGMENT. On 19. . ., there was a verdict for for $ [or as the case may be] and judgment was entered thereon 19. ... [The rules of court do not require the dates to be given, but it is better practice to give them. The right of appeal is limited to six months from the entry of judgment by Act May 19, 1897, P. L. 67, 126, above; and not from date of verdict: See 126, note (5) (a).] Assignments of Error. IX. ASSIGNMENTS OF ERROR. [Prior to the legislation providing for the appointment of court stenographers, a formal bill of exceptions was the only method by which errors committed on the trial of a case could be brought before the appellate court for review. This legislation changed the practice by substituting for the bill of exception a certified transcript of the stenographer's notes of the testimony. See 161, note (i). By 4 of the Act of May n, 1911, the latest legislation on this subject, 155, above, a certified transcript of the stenographer's notes is "part of said record for purposes of review on appeal." By 6, Act 1911, 162, above, "whensoever the decision of a court of record shall appear in the proceedings of a case, it shall not be necessary, for the purpose of a review of that decision, to take any exception thereto." As this act has not been construed by the courts, and as there are a few courts which still prefer the formal bills of exceptions, it is safer practice to still take exceptions and seal bills where required by rule of court or by the practice in any particular court.] [When the error assigned is to the admission or rejection of evidence, or to the striking out or refusal to strike out evidence, the specification must quote the questions or offers, the ruling of the court thereon, and the evidence admitted, or rejected, stricken out, or which the court refuses to strike out, together with a reference to the page of the paper-book or appendix where the matter may be found in its regular order in the printed evidence or notes of trial. When the error alleged is to the admission or rejection of a writing, a full copy of the writing must be printed in the paper-book. Any assignment of error not according to this and the rule immediately preceding [see under 5th assignment, be- low] will be disregarded. Supreme Court Rule 28; Superior Court Rule 16; 187, 198, above.] [When in the printed copy of the assignments of error or in the printed argument reference is made to the testimony, to the charge of the court, or to other matters appearing upon the record, the pages must be stated where the matter referred to is to be [519] lo Assignments of Error. found in the paper-book or appendix. Supreme Court Rule 39; Superior Court Rule 28; 198, above.] [Each error relied on must be specified particularly and by itself. If any specification embrace more than one point or refer to more than one bill of exceptions, or raise more than one distinct ques- tion, it shall be considered waiver of all the errors so alleged. Su- preme Court Rule 26; Superior Court Rule 14, 185.] [It is improper practice to raise same question by different assignments of error: See 185, note (2) (c) ; or to include more than one bill of exception in one assignment, even though offers were similar: See 185, note (4).] [To Admission or Rejection of Evidence of Witnesses.] 1. The court below erred in over-ruling (or sustaining) 's objection to the question of 's counsel, and in admitting (or rejecting) the testimony, as follows (page . . . .a) : Plaintiff's [or defendant's] witness , being on the stand, and having testified on examination in chief [or as the case may be] [state briefly] was asked: [Quote question, objection, ruling of court, exception, answer ad- mitted, and any portion of the context necessary to an un- derstanding of the question raised by the assignment or necessary to make the assignment self-sustaining]. 2. The court below erred in sustaining objection to the following offer (page . . . .a) : Plaintiff's (or defendant's) witness , being on the stand, the following offer and ruling occurred : [Quote offer, objection, ruling of court and exception.] [If the evidence is objected to because of the pleadings, the ground for this objection should be laid by brief statement of the point (unless it appears in the objection, as it should) with page reference to the pleadings, before quoting the record.] [If objection is made to competency of witness, e. g., as to value [520] Assignments of Error. n of land, his preliminary examination on his voir dire, as well as his answer objected to, should be given in the assignment.] [A general statement of the rule is that the assignment shall be self-supporting.] [The pages must be stated where the matter referred to in the assignment is to be found in the paper-book or appendix. Su- preme Court Rule 39; Superior Court Rule 28; 198, above.] [To Admission or Rejection of Documentary Evidence.] 3. The court below erred in over-ruling [or sustaining] objection to the admission in evidence of the [documentary evidence, briefly describing it], and in admitting [or rejecting] it, as follows (page a.) : [Quote offer, objection, ruling of court, exception and paper admitted [or rejected] in full, together with any por- tion of the context, as in the first preceding assignment. A document need not be copied verbatim, if lengthy, but may be referred to by reference to the page of the appendix where printed. It is essential that it be printed somewhere in the paper-book. 187 note (2) ; 198]. [To Refusal to Withdraw Juror and Continue Cas % e.] 4. The court below erred in refusing the motion to withdraw a juror and continue the case at 's cost, because of the remarks of 's counsel in his address to the jury [or because of the testimony of , one of 's witnesses] said remarks of counsel [or testi- mony], motion, ruling of court thereon and exception be- ing as follows (page . . . .a) : [Insert from record petition with affidavit or agreement of counsel, or action of the stenographer or the court, making the remark a part of the record]. Counsel for moves the court to withdraw a juror [521] 12 Assignments of Error. and continue the case at 's cost for the improper remarks of 's counsel [or as the case may be] . The motion to withdraw a juror is overruled. Excep- tion. [Where the cause of surprise is a remark or conduct of counsel or witness which does not appear on the record, it must be made a part of the record by petition with affidavit of parties who heard the remark, by agreement of counsel or by the action of the stenographer or the court. See cases in 228 note (16) and note (29) (i) and (k). See also Act May n, 1911, P. L. 279, 155 and 162, above.] [To Portion of Charge of Court] 5. The court below erred in instructing the jury as follows (page ) : [Quote verbatim portion of charge assigned for error, together with the following exception:] Exception noted for both plaintiff and defendant [or as the case may be] before verdict (page ....). [or] Exception noted before verdict by to portion of charge referring to [state as in exception, where specific exception is required on the trial in the court below] (page ....). [When the error assigned is to the charge of the court, or to answer to points, the part of the charge, or the points and answers referred to, must be quoted ipsissimis verbis in the specifications, and the parts of the charge assigned as error shall be enclosed in brackets in the printed charge with the number of the assignment noted. Supreme Court Rule 27; Superior Court Rule 15; 186.] [Record must show exception to charge before verdict and re- quest that charge be reduced to writing and filed of record : Curtis v. Winston, 186 Pa. 492; Linderman v. Hershberger, 47 Pa. Super. 308; Brown v. Boro., Id. 413, (1911).] [Excerpts from the charge, or isolated sentences, wrenched from their position and connection, and not including what was [522] Assignments of Error. 13 said by way of qualification, immediately preceding or following the language quoted, may not be assigned as error: See 186, note (i) (c) and (d), above.] [To Inadequacy of Whole Charge.] 6. The charge of the court as a whole was inadequate and misleading. The court charged the jury as follows : [Quote whole charge and exception verbatim, as in pre- ceding assignment.] [When it is alleged that whole charge is unfair, assignment must set forth charge in full, even though it appear elsewhere in the paper-book: see 186, note (i) (e) and (f).] [To Answers to Points.] 7. The court below erred in its answer to [or in affirming or refusing] the .... point for charge submitted by the point and answer and exception thereto being as fol- lows (page ....): [Quote point and answer verbatim; also exception as fol- lows :] Exception by to answers to 's points for charge before verdict (page ....). [Assignments to answer to points will not be considered where they fail to show exceptions taken and (or) bills sealed: Sober v. Mooney, 48 Pa. Super. 92, 96, (1911).] [To Discharge of Rule to Take Off Non-Suit.] 8. The court below erred in discharging defendant's rule [or motion] to show cause why non-suit should not be taken off, and in not taking off the non-suit, as follows (page a): [Quote rule or motion, order of court and exception ver- batim.] [Assignment of error does not lie to entry of non-suit or refusal to enter non-suit as these are matters of discretion with the trial [523] 14 Assignments of Error. judge; error lies only to refusal to take off non-suit. See 82, and notes.] [To Discharge of Rule for New Trial.] 9. The court below erred in discharging rule [or mo- tion] for new trial, the rule [or motion], reasons for a new trial, order of the court and exceptions being as follows (page ....a): [Quote rule [or motion], reasons, order and exception verbatim.] [Discharge of a motion to strike off a refusal to grant a new trial may be assigned for error : Senft v. Mcllvain, 43 Pa. Super. 518, 523, 1910; but refusal to grant new trial, being matter of discretion, will not be reviewed except in clear case of abuse of discretion. See 228, notes (9) and (24) (p2). It is better prac- tice to assign for error the discharge of the rule or motion for new trial.] [Assignment must set forth motion, reasons assigned and order of court: Peoples Nat. Bank v. Hazard, 231 Pa. 552, 554, (1911).] [Assignment that court erred in refusing new trial for specific reasons stated is good as it assigns but a single exception: Mix v. North American Co., 209 Pa. 636, 641 (1904) ; or there may be an assignment for each reason stated: Mr. Justice Brown, Id.] [To Entry of Judgment n. o. v.] 10. The court below erred in entering [or refusing to enter] judgment in favor of , non obstante vere- dicto, as follows (page a) : [Quote motion, reasons, order and exception verba- tim.] [See Act May n, 1911, 162, above, dispensing with excep- tions.] [Assignment to refusal to enter judgment n.o.v. will not be con- sidered where no exception is shown on record: See 88, note (i) (a).] [524] Assignments of Error Argument. 15 [To Judgment for Insufficient Affidavit of Defense.] 11. The court below erred in discharging [or making absolute] rule for want of a sufficient affidavit of defense, and in entering judgment, as follows (page ....): [Quote rule, or motion, order of court and exception verbatim.] [In Certiorari Proceedings.] 12. The court below erred in entering order [decree, or judgment] as follows : [Quote order, decree or judgment verbatim.] [Where appeal is treated as certiorari, the entire record is brought up, without exceptions having been taken ; but only regu- larity of record, not evidence, is considered: See 182, note (4).] [Where new jurisdiction is created by statute and proceed- ing is different from common law, certiorari is proper remedy: See 182, note (4).] [In Appeals from Superior Court.] For Forms for Assignments of Error, see 188, above. X. BRIEF OF ARGUMENT. [The following is inserted by way of illustration:] I. ORIGINAL CONTRACT is ULTRA VIRES. II. ALLEGED NEW CONTRACT, MERELY ITERATION OF VOID CON- TRACT (page ). III. IF EVIDENCE OF NEW CONTRACT WAS SUFFICIENT FOR JURY, YET CONTRADICTIONS OF PREVIOUS TESTIMONY ARE SUCH AS TO PREVENT RECOVERY (page ). i. Original Contract is Ultra Vires. When plaintiff's claim for services against defendant county was first before this court it was established that plaintiff's original contract, evidenced by the resolution of the Board of Commissioners, adopted June 28, 1882, was against public policy, and therefore void. [525] 1 6 Argument. The legal principles involved in the decision are stated as follows in the syllabus of the case of Lancaster County v. Fulton, 128 Pa. 48 (1889): "The prosecution before the proper officers of the commonwealth of a claim by a county to an allowance for over-payments of taxes into the state treasury, is within the sphere of a county solicitor's duties, as de- fined by a statute providing that he shall be the legal adviser of the County Commissioners and shall re- present them in all proceedings in law or equity, wherein the county is a party or has any interest. "A contract, made by the commissioners of a coun- ty, to give to the county solicitor, whose salary is fixed by law, an additional compensation for services to be rendered by him, lying within the sphere of his official duties as prescribed by a statute, is ultra vires. Being, in its effect, evasive, and subversive of law and contrary to public policy, it is void irrespective of in- tent, and is therefore, incapable of ratification after the expiration of the solicitor's term. "In an action to recover for services under such a contract, the contract itself being declared on and the evidence showing that the services of the plaintiff were all rendered under it, no recovery can be had, notwithstanding that these services were not complet- ed during the plaintiff's official term, and were prin- cipally rendered after its expiration, with the knowl- edge and assent of the county commissioners." [Notes on Brief of Argument.] [ ( i ) General Requirements. The brief of argument must contain a clear statement of the points on which the party relies, with such reasons and arguments as he may see proper to add, to- gether with all the authorities which he thinks pertinent. Where [526] Argument. 17 the error assigned is to the finding of fact by an auditor or master, [or the evidence, if relied upon for other reasons] the printed ar- gument shall contain a synopsis of all the evidence bearing upon such disputed question of fact with reference to the page or pages of the appendix of the paper-book where such evidence may be found in extenso. Supreme Court Rule 36 ; Superior Court Rule 2 5; J 99> above.] [If the evidence is not too voluminous it is well to insert it ver- batim in the argument: See 190, note (12) (n).] [The argument should be divided so as to apply separately to different specifications of error; this is. much more effective than treating whole subject as general theme. Judge Orlady in Eden- burg Boro. Poor Dist v. Poor Dist., 5 Pa. Super. 516, 522 (1897).] [(2) Citation of Authorities. When authorities are cited the principle intended to be sustained by each case must be stated. Appellate court cases decided since the commencement of the State Reports must be cited by the volume of the official reports. Wher- ever decisions of said courts are cited from legal periodicals, they must be accompanied by the certificate of counsel, inserted at the end of the argument but not in the body thereof, that said cases have not been reported in the official reports. Whenever a statute is cited, the reference shall be to the pamphlet laws and also to a standard digest in which it may be found. Supreme Court Rule 37 ; Superior Court Rule 26 ; 200, above.] ["In citing reports, the names of the parties and the page of the book where the case begins should be carefully and accurately given, and not the page merely where the principle cited is to be found": Mr. Chief Justice Thompson in Burkholder v. Stahl, 58 Pa. 371,379 (1868).] [In citing general legal text-books the edition should always be given, with the year when published.] [The certificate required by the 3d paragraph above is as fol- lows:] I certify that Pennsylvania appellate court cases cited from re- ports other than the State Reports are not reported therein. [527] Appendix. la APPENDIX. [ (i ) When Printed in Separate Book. If a paper-book contain more than 100 pages, the appendix shall be printed in a separate book with a proper index thereto. Supreme Court Rule 46; Superior Court Rule 35;i89, above.] [(2) Head Lines. The name of the witness or the char- acter of the document shall be printed at the top of each page. Supreme Court Rule 39; Superior Court Rule 28; 189, above.] [(3) Numbering of Pages. The pages of the paper-book shall be numbered in Arabic figures and not in Roman numerals, those in the appendix to be followed by a small a, thus: looa. Supreme Court Rule 39; Superior Court Rule 28; 189, above.] The appendix, whether bound separately or with the rest of the paper-book, must have a separate paging, beginning with la and not looa, as used in the rule as an illustration: Oral construc- tion of Rule by Supreme Court, Jan., 1912.] [(4) General Contents. The appendix shall contain the evidence, and the pleadings of the court below filed in the case, and copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready under- standing of the case. Supreme Court Rule 29; Superior Court Rule 17; 190, above.] [(5) Printing Plans and Drawings. When counsel can not agree as to the necessity for printing plans and drawings, the matter shall be submitted to the trial judge, whose decision shall be conclusive. Supreme Court Rule 24; Superior Court Rule 21 ; 156, above.] [(6) Excluding Part of the Transcript by Agreement. The appellants and appellees, by writing filed and approved by the lower court, may agree that any part of the evidence appearing in the transcript as certified and filed shall be considered as ex- cluded therefrom upon the review of the case by the Supreme Court or Superior Court; and, if they cannot agree, the court below, upon motion of appellants and notice to appellee, may order that any part or portion of the evidence may be omitted by appel- lant in printing the transcript for the purpose of review in such [528] Argument. 2 a case: Provided, however, That appellees may themselves print such evidence, which printing shall be at their own expense, un- less it be otherwise ordered by the appellate court; or the appel- late court may order any part or all thereof to be printed by ap- pellant, whenever said court shall deem it necessary so to do. Act May n, 1911, 5, P. L. 279; 156, above.] [On appeal from order making assignees of portion of claim prior to verdict equitable plaintiffs in suit, evidence taken on trial need not be printed, as it is not necessary to question involved: Beck Cricket Club, 45 Pa. Super. 358 (1911).] [(7) Evidence not to be printed in narrative form. Printing 100 pages of testmony in narrative form in small type has been gravely criticised in Herring's Est., 17 Pa. Super. 530, (19).] [(8) Bracketing Record Assigned. Although it is not re- quired by rules of court, it is suggested that the portions of the record assigned for error be enclosed in brackets, and properly numbered. This will materially aid in finding the references from the assignments of error, which are required by rules of court. See 187. It will also tend to accuracy by indicating the context, and limiting the assignment to the proper parts of the record.] [(9) Index. See under "Index," above, this section. IN THE COURT OF COMMON PLEAS OF BERKS COUNTY. Hugh R. Fulton } vs. vNo. 101, August Term, 1890. The County of Lancaster, j TESTIMONY. Before Hon. G. A. E'ndlich and a jury. Appearances : Messrs. Brown & Hensel and Ermentrout & Ruhl for the plain- tiff. [529] 34 3 a Hugh R. Fulton, Examination in Chief. Messrs. George A. Lance, Hugh M. North, Cyrus Z. Derr, George F. Baer and E. K. Martin, for the defendant. READING, PA., Wednesday, Nov. 16, 1892. (The jury having been duly empaneled, eleven sworn and one affirmed, Mr. Hensel stated the case for the plaintiff.) Hugh R. Fulton, sworn : BY MR. HENSEL: Q. Where do you live? A. I reside in the City of Lancaster, Pennsylvania. Q. What is your profession ? A. Attorney-at-law. ******** ** Q. Did you not have an interview with the Board of County Commissioners in the year 1883 relative to a claim which the county of Lancaster had against the Commonwealth ? A. I had. Q. What was the claim? A. For a rebate or credit settle- ment for overpaid taxes on horses and cattle for the years 1875, 1876 and 1877 which the county had paid the state after the law was repealed. Q. What took place between you and the commissioners then and there? A. I stated to the Board there was a full board in session that my efforts before the Board of Revenue Commis- sioners of the Commonwealth, and before the Board of Public Ac- counts, had not been successful ; I stated that I had endeavored to have a law passed authorizing suits against the Commonwealth by counties to recover this money, and endeavored to have another bill passed authorizing the Board of Public Accounts to give credit settlements in cases like ours, but I failed. I then told them that I desired to take in associate counsel ; I told them that if they would agree to it, I would associate Mr. Hensel with me in the prosecution of the claim against the Commonwealth. They were favorable to the proposition, and asked upon what terms the ser- vices of Mr. Hensel could be procured. I said to them : "You pay me 25 per cent, of the amount collected from the Commonwealth, and I will compensate Mr. Hensel ; this is to be in full for all costs and expenses, as well as all fees" ; this, if we recovered, and we would make no charge if nothing was recovered. [530] Minutes of Revenue Board A. S. Sassaman. 4 a MR. HENSEL: We offer the minutes of the Board of Revenue Commissioners of November 23, 1882, for the purpose of showing that the work done by Mr. Fulton as County Solicitor, or under his contract of 1882, had been terminated by the rejection of the claim of Lancaster County by the Board of Revenue Commission- ers. [The minutes were admitted and follow here in the appen- dix.] MR. HENSEL: We offer the minutes of the Board of Revenue Commissioners of April 29, 1884, for the purpose of showing the character of Mr. Fulton's services to the county of Lancaster after his employment under the agreement of June 13, 1883. [The min- utes were admitted and follow here in the appendix.] * ********* Hon. A. S. Sassaman, sworn : BY MR. RUHL : Q. You have been a member of this bar how many years ? A. Nearly thirty. Q. You have heard the question which I read to the others? A. Yes, sir ; but I prefer to have it repeated. [Q. Assuming a collection of $20823.50 having been made upon a claim ten years' old when it was paid, the same having been set- tled against the claimant, and its time for appeal having passed; four years' professional labor having been devoted to the collec- tion, the labor involving eight visits to Harrisburg, and as many appearances and arguments before the Board of Revenue Commis- sioners and Board of Public Accounts ; and involving the employ- ment of additional counsel ; the claim having been made against the State of Pennsylvania by the County of Lancaster for overpaid taxes; what, in your judgment would be a fair compensation for recovering that sum to the attorney who rendered the services, the agreement being that he should receive nothing if nothing was recovered and he to bear all the expenses and costs of the collec- tion? MR. DERR: Objected to. First. As not predicated upon the facts as they appear in the testimony. [53i] 5 a A. S. Sassaman, Examination, Cross-examination. Second. Under the testimony of the plaintiff he has set out an express contract, and averred that in June, 1883, he had a con- tract which fixed the amount and therefore there is no room for proof as to the value of the services. Third. The plaintiff cannot recover without an express con- tract, and has, therefore, undertaken to show one, one of the terms which is that his compensation should be 25 per cent, of what re- covered, and, therefore, expert testimony as to the value of the services which have already been valued by the parties, is irrele- vant, incompetent, and inadmissible. Objection overruled. Exception. A. That would be a mere contingent claim; well, anywhere from one-quarter to one-half of the amount. Q. 25 to 50 per cent, of the amount? A. Yes, sir.] 1 xQ. Suppose the liability of the Commonwealth was admitted, and that the only thing necessary to have done was the making up from the county records the statements which showed there had been an overpayment, to what extent, if any, would that modify your estimate? A. It would certainly modify the estimate, but I would infer from the question that there was some difficulty, or it would have been paid before. (Here the plaintiff [or defendant] gave evidence tending to prove [specifying the subject of the omitted evidence distinctly and in positive terms: see Wilson v. Keller, 195 Pa. 98, and 156, above]. The evidence is excluded from the record as immaterial, by agreement of counsel [or order of court, as the case may be]. [Follow with signatures of counsel, if by agreement, or signature of judge, if otherwise].) Testimony closed. [While Mr was addressing the jury he made use of the following language : "This case is of too grave a char- [532] Motion to Withdraw Juror Certificates of Proceedings. 6 a acter to justify the defense set up." This remark was objected to by Mr , who moves for the withdrawal of a juror. THE COURT: I do not think that was the kind of remark to justify the withdrawal of a juror. But I think, Mr , that you are getting very close to the line. The motion to withdraw a juror is overruled. Exception.] 4 (The charge of the court, which here follows in the record, will be found printed on pages ; the points and answers on pages , together with the exceptions thereto.) I hereby certify that the proceedings, evidence and charge are contained fully and accurately in the notes taken by me on the trial of the above cause ; and that this copy is a correct transcript of the same. Official Stenographer. The foregoing record of the proceedings upon the trial of the above cause is hereby approved and directed to be filed. Judge. [Here give the pleadings or record in full, with the pertinent opinions, unless they are already printed in the paper-book proper ; also copies of the plans or drawings whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. See Supreme Court Rule 29; 190, above; Superior Court Rule 17, 190, above. When pos- sible, all plans and drawings shall be reduced to the size of a folio of not more than three pages. Supreme Court Rule 39; 189, above; Superior Court Rule 28, 189, above.] [533] FORMS FOR PAPER-BOOKS. 58 (B),Ap. Judgt. in C. P. not Founded on Verdict or Case-Stated. 58. (B) Paper Books in Appeals from Judgments in the Common Pleas not founded on Verdict or on Case- stated. [The form given under (A), this section, applies to this case, except as modified by the changed conditions of the case, and the following directions as to the contents of the paper-book in Su- preme Court Rule 30; Superior Court Rule 18; 192, above. The rules do not require the matter to be given in the order enumer- ated, as is done in (A), this section, but the reason for the rule applies equally in all cases. (See this section (A), General Re- quirements, 6.) :] 1. Names of all the parties as they stood on the record of the court below at the time of the entry of the judgment, with the addition of the word "Appellant" after the name of the party taking the appeal, and the form of the action. 2. Abstract of the record showing the exact questions presented for the decision of the court and how disposed of. 3. When necessary, a certificate of the trial judge showing the amount in controversy. (See 117 (B) [Omitted from Superior Court Rule]. 4. Statement of the questions involved (See 196). 5. History of the case (See 197). 6. Requests for findings of facts and law and the answers thereto. 7. Report of facts and law by the judge sitting without a jury. 8. Exceptions to the findings of the court. 9. Opinion filed. 10. Judgment of the Court. 11. Assignment of error (See 198). 12. Brief of argument of appellant (See 199-200). 13. Appendix, containing the record in full, except the 534 FORMS FOR PAPER-BOOKS. Judgments in Cases-Stated, in Equity, etc. 58 (C) (D),Ap. parts thereof printed in the paper-book proper, and, unless dispensed with by the appellee, the evidence submitted in the court below. 14. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a cor- rect or ready understanding of the case. (See 156, 189) [The assignments of error are to the action of the court in overruling [or sustaining] exceptions to the findings of the court, and not to the findings themselves, and exceptions must be set forth in the respective assignments. See 186, note (2).] [The final definitive decree, or so much as is objected to, must also be assigned for error: See 184, note (3).] 58. (C) Paper-books in Appeals from Judgments in Cases-stated. Where the judgment is on a case-stated in the nature of a special verdict, [i] the facts as agreed on by the parties, [2] the opinion of the court, [3] statement of the questions involved, [4] assignments of error, and [5] argument of counsel will be sufficient. See Supreme Court Rule 32; Superior Court Rule 22; 191. [It seems that this rule contemplates the addition of the follow- ing preliminary matters : (ist) (a) Names of parties, (b) nature of proceeding; (2nd) docket entries; and (3rd) when necessary, a certificate of the judge showing the amount in controversy. See 191 note (i), above.] 58. (D) Paper-books in Appeals from Proceedings in Equity or from Proceedings in the nature thereof in the Common Pleas. [The form given under (A), this section, applies to this case, except as modified by the changed conditions of the case, and the 535 FORMS FOR PAPER-BOOKS. 58 (D),Ap. Judgments in Equity, etc. following directions as to the contents of the paper-book in Su- preme Court Rule 31 ; Superior Court Rule 19; 193, above. The rules do not require the matter to be given in the order enumer- ated, as is done in (A), this section, but the reasons for the rule apply equally in all cases. (See this section (A), General Re- quirements, 6.) :] 1. (a) Names of the parties and (b) the nature of the proceedings, including (c) the docket entries. 2. When necessary, a certificate of the trial judge showing the amount in controversy (see 117 (B) [Omit- ted from Superior Court Rule]. 3. Short abstract of the bill or petition and answer. 4. Statement of the questions involved (See 196). 5. History of the case (See 197). 6. Report of the auditor, referee or master, if there was one. 7. Requests for findings of fact or law with the answers thereto, and the findings of the judge. 8. Exceptions taken to the report in the court below. 9. (a) Opinion of the court on the exceptions and (b) the decree made. 10. Assignments of error ( 198). 11. Brief of argument of appellant (See 199, 200). 12. Appendix containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be necessary. 13. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a cor- rect or ready understanding of the case ( 199). [Appeals in assigned and trust estates in the common pleas shall be entitled : Estate of , Appeal of Supreme Court Rule 45; Superior Court Rule 34; 189, above, applied.] 536 FORMS FOR PAPER-BOOKS. Appeals from O. C. 58 (E),Ap. [Assignments of error lie to the action of the court in over- ruling or sustaining exceptions to findings, and not to the findings themselves: Warner v. McMullin, 131 Pa. 370, 1890; and the ex- ceptions must be set forth in the respective assignments: See 186, note (2).] [The final definitive decree, or so much as is objected to, must also be assigned for error: see 184, note (3).] [The decree must be not only final but also complete in itself. Confirming the decree entered nisi in the following language: "Above decree is entered absolutely," is not enough: Jessup v. Boro., 225 Pa. 583, 1910; see also 44 and notes, above.] 58 (E) Paper-books in Appeals from Orphans' Court. [The form given under (A), this section, applies to this case, except as modified by the changed conditions of the case, and the following directions as to the contents of the paper-book in Supreme Court Rule 31 ; Superior Court Rule 19; 193, above. The rules do not require the matter to be given in the order enumerated, as is done in (A), this section, but the reasons for the rule apply equally in all cases. (See this section (A), General Requirements, 6.) :] 1. (a) Names of the parties and (b) the nature of the proceedings including (c) the docket entries. 2. When necessary, a certificate of the trial judge showing the amount in controversy. (See 117) (B) [Omitted from Superior Court Rule] 3. Short Abstract of the bill, or petition and answer. 4. Statement of the questions involved (See 196). 5. History of the case (See 197). 6 Report of the auditor, referee or master, if there was one. 7. Requests for findings of fact or law with the answers thereto, and the findings of the judge. 8. Exceptions taken to the report in the court below. 537 FORMS FOR PAPER-BOOKS. 58 (E),Ap. Appeals from 0. C. 9. (a) Opinion of the court on the exceptions, and (b) the decree made. 10. Assignments of error (See 198). 11. Brief of argument of appellant (See 199, 200). 12. Appendix containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be neces- sary (See 189). 13. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a cor- rect or ready understanding of the case (See 156, 189). [Appeals in orphans' court shall be entitled : Estate of , Appeal of Supreme Court Rule 45 ; Superior Court Rule 34; 189, above.] [Assignments of error lie to the action of the court in over- ruling or sustaining exceptions to the findings of the auditing judge or the auditor, and not to the findings themselves, and the exceptions must be set forth in the respective assignments: see 186, note (2).] [The final definitive decree, or so much as is objected to, must also be assigned for error: see 184, note (3).] [On appeals from definitive decrees in the orphans' court, the cases will be decided according to equity and justice without strict regard to objections taken or errors assigned. Acts 1835, 1836, 229, and note (2) (a).] 58 (F) Paper-books in Appeals to Superior Court from Proceedings in Quarter Sessions, in Cases not provid- ed for in Rule 17, (A) this Section. [The form given under (A), this section, applies to this case, except as modified by the changed conditions of the case, and the following directions, as to the contents of the paper-book, of Su- perior Court Rule 20; 194, above. The rules do not require the matter to be given in the order enumerated, as is done in (A), 538 FORMS FOR PAPER-BOOKS. Appeals to Super. Ct. from Q. S. 58 (F), Ap. this section, but the reasons for the rule apply equally in all cases. (See this section (A), General Requirements, 6).] 1. An abstract or brief of all the petitions, motions, orders, reports, exceptions, etc., which may be necessary to give the court here a full view of the record at once; and this in the precise order of their respective dates, and with the date of each prefixed. 2. (a) The exceptions which were overruled or sus- tained by (and) (b) the final order or judgment of the court. 3. The opinion of the court, if it were filed in writing. 4. Assignments of Error (See 198). 5. The statement of the questions involved (See 196). 6. The argument (See 199, 200). 7. Appendix, containing the record in full and copies of plans or drawings whenever they have been used in the court below and are necessary for a correct or ready under- standing of the case (See Rules 156, 189). [From analogy to the other rules and from the requirements of the case, "by," in paragraph 2, above, should read "and." The phraseology of the rule was taken from Supreme Court Rules adopted Sept. 6, 1852.] [The assignments of error are to the action of the court in overruling or sustaining exceptions to findings by viewers, audi- tors, etc., and not to the findings themselves, and exceptions must be set out in respective assignments: see 186, note (2).] [The final definitive decree, or so much as is objected to, must also be assigned for error: see 184, note (3).] 58 (G) Paper-books in Appeals in Criminal Cases. The forms given under (A), this section, apply ordin- arily to criminal cases tried before a jury. 539 FORMS FOR PAPER-BOOKS. 58 (H)-(K) Appeals from Superior Ct. Appellee's Book. 58 (H) Paper-books in Appeals from the Superior Court. Paper-books on appeals from the Superior Court shall contain [i] the petition and the order allowing the appeal, [2] the opinion of the Superior Court, [3] the dissenting opinion or opinions, if any, and [4] assignments of error to the judgment of the Superior Court. If it is desired to use the paper-book used in the Superior Court, a prefatory or supplementary addition shall be inserted containing the matters hereby required. Supreme Court Rule 33; 201. [For forms for assignments of error, see 188 above.] 58. (I) Paper-books in Appeals in Cases not Provided for in the Rules. Paper-books in cases not provided for in these rules shall conform as nearly to said rules as circumstances will admit. Supreme Court Rule 32; Superior Court Rule 22; 191, above. 58 (K) Paper-book of Appellee. (1) The appellee, in his paper-book, may, if he choose, give no more than his argument. But he may at his op- tion make a counter-statement of the questions involved, and also, separately, a history of the case with the facts as he claims them to be. Supreme Court Rule 38; Superior Court Rule 27; 202, above. (2) Index. Although not required by rule of court, it is good practice for appellee's paper-book to have an index or table of contents. (3) Printing omitted evidence. Appellee may print evi- dence ordered by the court below to be omitted from ap- 540 FORMS. Ordering Case on Short List. 59, 60, Ap. pellant's paper-book, but it shall be at his own expense, unless it be otherwise ordered by the appellate court; or the appellate court may order any part or all thereof to be printed by appellant, whenever said court shall deem it necessary so to do. Act May n, 1911, P. L. 279, 156, above. (4). Printing drawings. See Appellant's Paper-book (A) under appendix thereto, note (5), this section. (5). Reference to Appellant's Cases. In commenting on cases relied upon by appellant, it is good practice to refer to the page of appellant's paper-book where each case can be found, e. g. : In Smith's Estate, 145 Pa. 145 (p. 208 of Appellant's argument,) etc. 59. CERTIFICATE OF COUNSEL THAT CASES CITED ARE NOT IN STATE REPORTS. I hereby certify that Pennsylvania appellate cases cited from re- ports other than the State Reports are not reported therein. Attorney for 60. ORDER TO PUT CASE ON SHORT LIST. IN THE SUPREME COURT OF PENNSYLVANIA. TOR THE . . DISTRICT. Appellant. [ " m ' 19 ' v. No. To the Prothonotary of the Supreme Court. I hereby certify that the above is a short cause and you are directed to place the same on the short list. Attorney for ,19... 541 FORMS. 61,62, Ap. Removing Case from Short List Discontinuance. 61. CERTIFICATE OF OPPOSING COUNSEL TO REMOVE CASE FROM SHORT LIST. IN THE SUPREME COURT OF PENNSYLVANIA. FOR THE . . DISTRICT. Term, 19. v. Appellant. To the Prothonotary of the Supreme Court. I hereby certify that the above case is not a short cause and that injustice may be done my client by placing it on the list of short cases; and I hereby request that it be placed back on the regular list. Attorney for ,19.. 62. ORDER FOR DISCONTINUANCE. IN THE COURT OF PENNSYLVANIA. SITTING AT . Term, 19... Appellant. v. No. To the Prothonotary of the Court. You are hereby directed to enter a discontinuance in the above case. Attorney for ,19... 542 FORMS. Penalty for Delay Petition and Rule. 63, 64, Ap. 63. PETITION FOE RULE TO SHOW CAUSE WHY PENALTY ON TAKING APPEAL FOR DELAY SHOULD NOT BE IMPOSED. IN THE COUKT OF PENNSYLVANIA. SITTING AT . ^ Term, 19... Appellant. v ' 'No. Petition for Rule for Penalty on Ground that Appeal Was Taken for Delay. To the Honorable, the Judges of said Court. The petition of , the appellee in the above ease, re- spectfully represents: [Set out in detail all facts which form the basis of the reasons for asking for the imposition of the penalty.] Your petitioner therefore alleges that the appeal in the above case was taken solely for the purpose of delay and prays that a rule be granted by your Honorable Court on said appellant to show cause why the said court should not award your petitioner, as further costs in the cause, an additional attorney fee of twenty-five dollars and dam- ages at the rate of six per cent, in addition to legal interest, in ac- cordance with the Act of Assembly in such case made and provided. And he will ever pray, etc. Attorney for Attorney for Petitioner. [Add affidavit of truth by petitioner.] 64. RULE FOR PENALTY. IN THE COURT OF PENNSYLVANIA. SITTING AT . "1 Term, 19. .. Appellant. No. 543 FORMS. 65, 66, Ap. Motion to Quash Petition for Rule to Take off Non-Pros. And now, to wit, 19 . . , on the motion of , attorney for appellee, a rule is granted on the appellant to show cause why the court should not award the appellant an additional attorney fee of twenty-five dollars and damages at the rate of six per cent, in addition to legal interest, according to the form of the stat- ute in such case made and provided, returnable on 19 ... [One of the Justices.] 65. MOTION TO QUASH. IN THE COURT OF PENNSYLVANIA. SITTING AT . . Term, 19... Appellant. > No And now, , 19.., , by his attorney, , moves the court to quash the appeal in the above case for the following reasons: [Here set forth reasons for motion.] [Signature of Attorney.] $66. PETITION FOR RULE TO TAKE OFF NON PROS. IN THE COURT OF PENNSYLVANIA. SITTING AT . Term, 19. .. Appellant. No. To the Honorable, the Judges of said Court. The petition of , the above-named appellant, respect- fully represents: That his appeal in the above case was duly taken on the day of , 19. .. [State the steps taken prior to the entry 544 FORMS. Reargument, Petition, Rule, etc. 67, 68, Ap. of non pros, by the prothonotary or court, as the case may be, and then give reasons for failure to perform acts prescribed by rule of court or statute, the non-performance of which resulted in entry of non pros.] Your petitioner therefore prays your Honorable Court to grant a rule on the appellee to show cause why said non pros, should not be taken off. And he will ever pray, etc. Attorney for Petitioner. [Add affidavit of truth by petitioner.] 67. PETITION FOR REARGUMENT. IN THE COUET OF PENNSYLVANIA. SITTING AT . I Term, 19. .. Appellant. jNo Petition for Reargument. To the Honorable the Justices of said Court. The petition of , appellant [or appellee] in the above case, by his attorney, , respectfully prays your Honor- able Court to grant him a rehearing for the following reasons: [Here set forth clearly the reasons for asking for a rehearing.] Attorney for 68. ORDER AND RULE ON PETITION FOR REARGUMENT. And now, to wit, , 19. ., on motion of attorney for , a rule is granted to show cause why rear- gument should not be had in the above case, returnable Monday, [or as the case may be] , 19. ., at And it is ordered that the record in the above case remain in the 545 35 FORMS. 69, Ap. New Trial in Murder Case. office of the Prothonotary of the Court pending the dispo- sition of said rule. [One of the Justices.] [For practice on motion for reargument, see 225, above.] 69. PETITION FOB ALLOWANCE OF RULE FOR NEW TRIAL NUNC PRO TUNG IN MURDER CASE. IN THE SUPREME COURT OF PENNSYLVANIA. FOR THE DISTRICT. Commonwealth of Pennsylvania. ") Term, 19 ... To the Honorable, the Justices of said Court. The petition of , the above-named defendant, respect- fully represents: That at a Court of Oyer and Terminer in and for the County of at Sessions, 19 . . , No , he was convicted of the crime of murder in the first degree, and sentence was pronounced by said court on , 19 ... [State any subsequent proceedings had in case, such as motion for new trial, appeal, etc.] That since the conviction and sentence of your petitioner and since the expiration of the term of said Court of Oyer and Terminer in which such conviction and sentence was procured, evidence has been discovered which casts a substantial doubt on the guilt of your peti- tioner, which evidence is substantially as follows : [Set forth evidence in full.] Your petitioner, by himself and his attorneys, avers that the testi- mony above referred to was not known to him or to them at the time of the trial; that they made all reasonable efforts to discover all the testimony which had any bearing on the case, but failed to discover the facts above set forth ; and that no promises were made or induce- ments held out to any of the witnesses above referred to and which your petitioner desires to examine in support of his rule for a new trial. 546 FORMS. Remittitur Supreme Court. 70, Ap. Your petitioner therefore prays your Honorable Court to authorize the said Court of Oyer and Terminer to grant a rule for a new trial nunc pro tune, notwithstanding the expiration of the term in which your petitioner was convicted and sentenced. And he will ever pray, etc. Attorney for Petitioner State of Pennsylvania, "^ County of J ""' , the petitioner above named, being duly sworn [or affirmed] according to law, says that the statements set forth in the foregoing petition for allowance of a new trial nunc pro tune are true to the best of his knowledge, information and belief. Sworn [or affirmed] to and subscribed before me this day of .,19.. Notary Public. 70. REMITTITUR SUPREME COURT. The Supreme Court of Pennsylvania, ~| District. J SS ' THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court [Seal here.] County f ' Greetin g : Whereas, By virtue of our Writ of Certioran from our Supreme Court of Pennsylvania for the District returnable in the same court on the Monday of in the year of our Lord one thousand nine hundred and , a record was brought into the same court, upon appeal by from your judgment [or decree], made in the matter of No , Term, 19 . . , wherein [or the said appellant] was plaintiff and [or the said 547 FORMS. 71, Ap. Remittitur Superior Court. appellant] was defendant. And it was so proceeded in our said Su- preme Court, that the following judgment [or decree] was made, to wit. The judgment [or decree] is therefore reversed, with a venire fa- cias de novo [or as the case may be]. And the record proceedings thereupon, and all things concerning the same, were (agreeably to the directions of the Act of Assembly in such cases made and provided) or- dered by the said Supreme Court to be remitted to the Court, for the County of , aforesaid, as well for execution or otherwise as to justice shall appertain: Where- fore we here remit you the record of the judgment [or decree] afore- said and the proceedings thereupon, in order for execution or other- wise as aforesaid. Witness the Honorable , Chief Justice of our said Su- preme Court at , day of in the year of our Lord one thousand nine hundred and Prothonotary. 71. REMITTITUR SUPERIOR COURT. The Superior Court of Pennsylvania, "| Sitting at J SS ' THE COMMONWEALTH OF PENNSYLVANIA. To the Justices of the Court FSeal here 1 f r the County f ' Greetin S : Whereas, By virtue of our Writ of Certiorari from our Superior Court of Pennsylvania sitting at , returnable in the same court on the Mon- day of in the year of our Lord one thousand nine hun- dred and a record was brought into the same court, upon appeal by from your judgment [or decree] made in the matter of No , Term, 19 . . , wherein [or the said appellant] was plaintiff, and [or the said appellant] was defendant. And it was so proceeded in our said Superior Court, that the following judgment [or decree] was made, to wit: The judgment [or decree] is therefore 548 FORMS. Remittitur Superior Court. 71, Ap. reversed, with a venire facias de novo [or as the case may be]. And the record and proceedings thereupon, and all things concerning the same, were (agreeably to the directions of the Act of Assembly in such cases made and provided) ordered by the said Superior Court to be remitted to the Court for the County of , aforesaid, as well for execution or otherwise as to justice shall appertain : Whereupon we here remit you the record of the judgment [or decree] aforesaid and the proceedings thereupon, in order for execution or otherwise, as aforesaid. t r> :. rr T Witness, the Honorable , President Judge of our said Superior Court, at , the day of in the year of our Lord one thousand nine hundred and Prothonotary. 549 SUPREME COURT RULES. Admission of Attorneys. In the Supreme Court of the State of Pennsylvania. IN THE MATTER OF THE REVISION OF THE RULES OF THE SAID COURT. And now, to wit, July 6, 1911, the Rules of this Court as this day revised and amended and as con- tained in the following pages, are hereby adopted and promulgated as to be in force from and after the first Monday of September, 1911. Per Curiam. RULES OF THE SUPREME COURT of the STATE OF PENNSYLVANIA Sept. 4, 1911. ATTORNEYS. Rule i. No person shall be admitted to practice as an attorney in this court except upon the recommendation of the State Board of Law Examiners. [21] Rule 2. Any applicant for admission to the Bar of this court who, on the first Monday of January, 1903, was a member of the bar of a court of common pleas of this commonwealth, and after he shall have practiced therein 550 SUPREME COURT RULES. Admission of Attorneys. for at least two years, may be admitted, without exami- nation, upon the certificate of the State Board of Law Examiners; and no such candidate shall be required to advertise or pay any fee for reporting upon his credentials. [22] Rule 3. No person shall be registered as a student at law for the purpose of becoming entitled to admission to the bar of the Supreme Court until he shall have satis- fied the State Board of Law Examiners that he is of good moral character, and shall have received an academic degree from some college or university approved for that purpose by the court, or shall have passed a preliminary examination upon the following subjects: (i) English language and literature; (2) Outlines of Univer- sal History; (3) History of England and of the United States; (4) Arithmetic, algebra through quad- ratics, and plane geometry; (5) Modern geography; (6) The first four books of Caesar's Commentaries, the first six books of the Aeneid, and the first four orations of Cicero against Catiline. [25] Every candidate shall pay to the State Board a fee of Twenty-five dollars, and upon receiving a certificate recommending his registration and certifying that he is qualified to begin the study of the law, shall cause his name, age, place of residence, and the name of his pre- ceptor or the law school in which he proposes to pursue his studies, to be registered with the prothonotary of the Supreme Court, for the district to which his county be- longs. [25] Rule 4. Candidates for admission, who have spent at least three years after registration in the study of the law, either by attendance upon the regular course of a law school offering at least a three years' course, eight SUPREME COURT RULES. Admission of Attorneys. months in the year and an average of ten hours per week each year, or partly in a law school and partly in the office of a practicing attorney, or by the bona fide service of a regular clerkship in the office of a practicing at- torney, shall be eligible to appear for examination for admission to the bar of this court upon complying with the following requirements: 1. A candidate must advertise his intention to apply for admission in a law periodical or a newspaper published within the judicial district in which he resides, and in the Legal Intelligencer, once a week for four weeks im- mediately preceding the date of filing his credentials with the board. 2. He must file the necessary credentials with the board in such form as shall be prescribed at least twenty - one days before the date of the examination and shall pay to the board a fee of twenty-five dollars. 3. He must file a certificate signed by at least three members of the bar in good standing in the judicial dis- trict in which he has resided or intends to practice, that he is personally known to them, and that they believe him to be of good moral character. 4. A certificate from the dean of the law school or pre- ceptor that he has been regular in attendance and pursued the study of the law with diligence from the time of his registration. [26] Rule 5. Every applicant for admission must sustain a satisfactory examination in Blackstone's commentaries, constitutional law, including the constitutions of the United States and Pennsylvania, equity, the law of real and personal property, evidence, decedents' estates, land- lord and tenant, contracts, commercial law, partnership, corporations, crimes, torts, domestic relations, common 552 SUPREME COURT RULES. Admission of Attorneys. law pleading and practice, Pennsylvania practice, the federal statutes relating to the judiciary and to bank- ruptcy, Pennsylvania statutes and decisions and the rules of the Supreme and Superior Courts and of the courts of the county in which the applicant intends to practice. [28] Rule 6. Examination for registration and admission to the bar shall be conducted in writing, and shall be held simultaneously, after due notice, twice a year, in the cities of Philadelphia and Pittsburgh. [28] Rule 7. The State Board of Law Examiners shall con- sist of five members of this bar and shall be appointed by the court. They shall hold office during the pleasure cf the court, for a term not exceeding five years, except that of the members of the Board now appointed one shall withdraw at the end of each year, such withdrawals to be made in the order of seniority of admission to the bar. The members of the board shall serve without com- pensation, but shall be reimbursed their traveling and other expenses. The board may, with the approval of the court, appoint examiners to superintendent the conduct of the examinations and to report upon the answers of the candidates, but the members of the board shall be respon- sible to the court for the enforcement of these rules, and the proper ascertainment of the results of the examina- tions. The board may also, with the approval of the court, appoint a secretary and a treasurer, or the same person may hold both offices, and they may pay to each examiner and to the secretary and treasurer out of the fees received, and after deduction of the necessary expenses, a reason- able compensation. When application is made for a sus- pension of the rules in any particular case, the board of 553 SUPREME COURT RULES. Admission of Attorneys. examiners shall report such application to the Supreme Court with a recommendation upon the merits. [20 (B)] Rule 8. It shall be the duty of the State Board of Law Examiners to prepare a paper for gratuitous distribution among intending applicants for registration or admission containing detailed information as to the subjects of ex- amination. [20 (C)] Rule 9. Attorneys from other states, upon presenting satisfactory evidence that they are members in good standing of the appellate court of last resort of the state from which they came; that they have practiced in a court of record of that state for at least five years, and that they are of good moral character, may be admitted to the bar of this court without examination upon the recommendation of the state board, provided, however, that the board may, in its discretion, require any such ap- plicant to take a final examination. [29] Attorneys from other states, upon presenting satisfac- tory evidence that they are members in good standing of a court of record of the state from which they came, and have practiced therein for at least one year, and that they are of good moral character, may, in the discretion of the state board, be permitted to take a final examination with- out previous registration. [30] The State Board of Law Examiners may, in its discre- tion, permit an attorney from another state, without re- gard to the period during which he has practiced law in that state, to take a final examination without previous registration in this state, if he shall have served a regular clerkship in the office of a practicing attorney in this state for a period of at least one year prior to said examination. [3i] 554 SUPREME COURT RULES. Agreements of Attorneys to be in Writing. Criminal Cases Errors and Appeals. AGREEMENTS OF ATTORNEYS. Rule 10. All agreements and notices of attorneys touch- ing the business of the court shall be in writing, otherwise the court will not enforce them. [227] CRIMINAL CASES. Rule ii. The first Monday of each month shall be a special return day in each district for all appeals in cases of conviction and sentence of death for murder of the first degree. The fifth Monday after issuing the writ shall be assigned for the argument thereof. [145 (A), 218] Rule 12. Capital cases shall be placed at the head of the list for argument. [218] Rule 13. The appellant shall serve his paper books on the proper district attorney ten days before the day as- signed for the hearing, and the appellee shall serve his three days before the hearing. [203 (B)] ERRORS AND APPEALS. Rule 14. Counsel for the appellant shall, on or before the return day of the term at which the case is upon the list for argument, specify in writing the particular errors which he assigns, and file the same in the prothonotary's office ; and on failure so to do the court may non pros, the writ. [183] Rule 15. In all cases where the record is not returned on the return day of the term at which the case is upon the list for argument, it shall be the duty of the prothono- tary to enter a non pros., which shall not be taken off except by order of the court. [144] Rule 1 6. The prothonotary shall endorse on each ap- 555 SUPREME COURT RULES. Errors and Appeals. peal or writ of certiorari to remove proceedings a rule to appear and plead at the return day of the writ; and in default of appearance when the cause is called for argu- ment, and on proof of ten days' service of the rule on the appellee or his counsel below, the court will proceed ex parte. [133, 224] Rule 17. In all cases where, in pursuance of the judg- ment of this court, a cause goes back to the court below for further proceedings, it shall be the duty of the pro- thonotary to certify and send back with the order, decree or judgment, a copy of the opinion of the court which shall have been filed. [244] Rule 1 8. Motions for reargument or for any other pur- pose, after judgment, order or decree, shall be filed in the office of the prothonotary of this court for the proper district, but the record shall not be retained in any appeal beyond the limit of ten days provided by the Act of May 19, 1897, unless upon an order from the court or one of the justices thereof. Such motions must be accompanied with a copy of the opinion of the court. [225] Rule 19. Petitions for the allowance of an appeal from the Superior or other court, or for special supersedeas or other interlocutory order, must set forth the question in- volved, the opinion of the court and the grounds on which an appeal or other order is asked; and, where practicable, must be accompanied by copies of the paper-books. [135, 180] Rule 20. All such petitions shall be filed with the pro- thonotary of the district in which the cause is pending, and shall be presented by him to the court or the most convenient justice thereof. For purposes of computation of time, etc., the matter shall be deemed to be sub judice from the date of such filing. [136, 180] 556 SUPREME COURT RULES. Errors and Appeals. Rule 21. If the prayer of the petition be granted, the prothonotary shall notify counsel for the petitioner, who must thereupon promptly file his praecipe and perfect the appeal in accordance with the statute, or take such action in cases not for appeal as may be appropriate to the relief sought. [138, 180] Rule 22. All appeals in civil and criminal cases from the Superior Court to this court shall be placed at the head of the list for the third argument week after the appeal has been allowed, and if the court is then sitting in another district, the prothonotary shall promptly certify it to that district. [206] Rule 23. In mandamus proceedings ; in actions of eject- ment, either legal or equitable, and in all other actions or issues in the common pleas or in the orphans' court, which involve the possession of, or title to, real property, or chattels, real or personal, the appellant shall be re- quired to file with his appeal a certificate of the judge hearing the case that the value of the land or of the in- terest or of the property really in controversy is greater than fifteen hundred dollars. [117 (B)] Rule 24. If the facts on which to base the certificate do not appear in the course of the trial or hearing, the judge shall require the parties to produce evidence thereof for his information in order to make such certificate [117 (C)]; and when counsel do not agree as to the necessity for printing plans and drawings, the matter shall be submitted to the trial judge, whose decision shall be conclusive. [156] Rule 25. The return day of appeals for the second per- iod of Philadelphia County shall be the twelfth Monday of the term. [7 (B)] 557 SUPREME COURT RULES. Assignments of Error Paper-Books. ASSIGNMENTS OF ERROR. Rule 26. Each error relied on must be specified par- ticularly and by itself. If any specification embrace more than one point, or refer to more than one bill of excep- tions, or raise more than one distinct question, it shall be considered a waiver of all the errors so alleged. [185] Rule 27. When the error assigned is to the charge of the court, or to answers to points, the part of the charge or the points and answers referred to must be quoted ip- sissimis verbis in the specification, and the parts of the charge assigned as error shall be enclosed in brackets in the printed charge with the number of the assignment noted. [186] Rule 28. When the error assigned is to the admission or rejection of evidence, or to the striking out or refusal to strike out evidence, the specification must quote the questions or offers, the ruling of the court thereon, and the evidence admitted or rejected, stricken out or which the court refuses to strike out, together with a reference to the page of the paper-book or appendix where the mat- ter may be found in its regular order in the printed evi- dence or notes of trial. When the error alleged is the ad- mission or rejection of a writing, a full copy of the writing must be printed in the paper-book. Any assignment of error not according to this and the rule immediately pre- ceding will be disregarded. [187, 198] PAPER-BOOKS. Rule 29. In all cases where the appeal is from a judg- ment on a verdict, the paper-book of the appellant shall contain the following matters in the following order: i. Names of all the parties as they stood on the record of 558 SUPREME COURT RULES. Paper-Books. the court below at the time of the trial, with the addition of the word "appellant" after the name of the party tak- ing the appeal, and the form of the action. 2. Copy of the docket entries. 3. Abstract of the proceedings show- ing the issue and how it was made. 4. When necessary, a certificate of the trial judge showing the amount in con- troversy (see Rule 23 [117 (B)]). 5. Statement of the questions involved (see Rule 34) [196]. 6. History of the case (see Rule 35 [197]). 7. Charge of the court, naming the judge, the points, if any, which were submit* ted in writing to the court, and the answers thereto. 8. Verdict of the jury and the judgment thereon. 9. Assign- ments of error. 10. Brief of argument of the appellant (see Rule 36 [199]). n. Appendix containing the evi- dence, and the pleadings in full, including any opinion of the court below filed in the case, and copies of plans or drawings, whenever they have been used in the court be- low and are necessary for a correct or ready understand- ing of the case (see Rules 24 and 39 [156, 189, 198, 199; see also Rule 46, 189]). [For Rule 29, see 190] Rule 30. In all cases where the appeal is from a final judgment at law in the common pleas, not founded upon a verdict or on a case stated, the paper-book of appellant shall contain: i. Names of all the parties as they stood on the record of the court below at the time of the entry of the judgment, with the addition of the word "appellant" after the name of the party taking the appeal, and the form of the action. 2. Abstract of the record showing the exact questions presented for the decision of the court and how disposed of. 3. When necessary, a certificate of the trial judge showing the amount in controversy (see Rule 23 [117 (B)]. 4. Statement of the questions in- volved (See Rule 34 [196]. 5. History of the case (see 559 SUPREME COURT RULES. Paper-Books. Rule 35 [ I 97])> 6. Requests for findings of facts and law and the answers thereto. 7. Report of facts and law by the judge sitting without a jury. 8. Exceptions to the findings of the court. 9. Opinion filed. 10. Judgment of the court, n. Assignments of error. 12. Brief of argu- ment of appellant (See Rule 36 [199]). 13. Appendix, containing the record in full, except the parts thereof printed in the paper-book proper, and, unless dispensed with by the appellee, the evidence submitted in the court below (see Rule 46 [189]). 14. Copies of plans or draw- ings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case (see Rules 24 and 39 [156, 189, 198, 199]). [For Rule 30, see 192] Rule 31. In all cases where the appeal is from a pro- ceeding in equity or from a proceeding in the nature there- of in the court of common pleas, or from the orphans' court, the appellant's paper-book shall contain : i. Names of all parties and the nature of the proceedings, including the docket entries. 2. When necessary, a certificate of the trial judge, showing the amount in controversy (see Rule 2 3 [ I][ 7 (B)]. 3. Short abstract of the bill or petition and answer. 4. Statement of the questions involved (see Rule 34 [196]). 5. History of the case (see Rule 35 [197]). 6. Report of the auditor, referee or master, if there was one. 7. Requests for findings of fact or law with the an- swers thereto, and the findings of the judge. 8. Excep- tions taken to the report in the court below. 9. Opinion of the court on the exceptions, and the decree made. 10. Assignments of error, u. Brief of argument of appellant. 12. Appendix containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be necessary (see 560 SUPREME COURT RULES. Paper-Books. Rule 46 [189]). 13. Copies of plans or drawings, when- ever they have been used in the court below and are neces- sary for a correct or ready understanding of the case (see Rules 24 and 39 [156, 189, 198, 199]). [For Rule 31, see 193] Rule 32. Where the judgment is on a case-stated in the nature of a special verdict, the facts as agreed on by the parties, the opinion of the court, statement of the questions involved, assignments of error, and argument of counsel will be sufficient. Paper-books in cases not provided for in these rules shall conform as nearly to said rules as circumstances will admit. [191] Rule 33. Paper-books on appeals from the Superior Court shall contain the petition and the order allowing the appeal, the opinion of the Superior Court, the dissent- ing opinion or opinions, if any, and assignments of error to the judgment of the Superior Court. If it is desired to use the paper-books used in the Superior Court, they shall have a prefatory or supplementary addition contain- ing the matters hereby required. [201] Rule 34. The statement of the question involved is designed to enable the court to obtain an immediate view of the nature of the controversy. It must state the ques- tion or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind whatever. It should not ordinarily exceed ten lines, and must not, under any circumstances, exceed half a page. This rule is to be regarded as in the highest degree manda- tory and admitting of no exception. [196] Rule 35. The history of the case must contain a close- ly condensed statement of all the facts of which a knowl- edge may be necessary in order to determine the points in 36 SUPREME COURT RULES. Paper-Books. controversy here, but must not contain any argument or any portion of the testimony. [197] Rule 36. The brief of the argument must contain a clear statement of the points on which the part relies, with such reasons and arguments as he may see proper to add, together with all the authorities which he thinks pertinent. Where the error assigned is to the finding of fact by an auditor or master, the printed argument shall contain a synopsis of all the evidence bearing upon such disputed question of fact with reference to the page or pages of the appendix of the paper-book where such evi- dence may be found in extenso. [199] Rule 37. When authorities are cited the principle in- tended to be sustained by each case must be stated. Cases of this court decided since the commencement of the state reports and cases of the Superior Court must be cited by the volume of the official reports. Wherever de- cisions of said courts are cited from legal periodicals, they must be accompanied by the certificate of counsel, inserted at the end of the argument but not in the body thereof, that said cases have not been reported in the official re- ports. Whenever a statute is cited, the reference shall bfc to the pamphlet laws and also to a standard digest in which it may be found. [200] Rule 38. The paper-book of the appellee may, if he chooses, contain no more than his argument. But he may at his option make a counter-statement of the question in- volved, and also, separately, a history of the case, with the facts as he claims them to be. [202] Rule 39. When in the printed copy of the assignments of error or in the printed argument reference is made to the testimony, to the charge of the court, or to other mat- ter appearing upon the record, the pages must be stated 562 SUPREME COURT RULES. Paper-Books. where the matter referred to is to be found in the paper- book or appendix [198, 199]. Brief words shall be printed at the top of each page of the paper-book, indi- cating the character of the matter contained therein; and in the appendix the name of the witness or the character cf the document shall so appear. The pages of the paper- book shall be numbered in Arabic figures, and not in Roman numerals, those in the appendix to be followed by a small a, thus: 100 a. When possible, all plans and drawings accompanying a paper-book shall be reduced to the size of a folio of not more than three pages. [189] Rule 40. In cases returnable to the first argument period for the county of Philadelphia, the appellant shall serve a copy of his paper-book, on the opposite party, or his attorney, not later than December i/th. The appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days before the argument. In cases returnable to the second argument period, for the county of Philadelphia, appellant's paper-book shall be served on or before the fifteenth day preceding the first day of the said period, and the appellee's paper-book shall be served within ten days thereafter. [204] Rule 41. In all cases, except those originating in the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney, at least twelve days before the day appointed for hearing the cases from the county where the cause was tried ; and the appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days before the time appointed for hearing as aforesaid. But if the appeal shall have been taken thirty days or more before the day assigned for the hearing as aforesaid, the paper- book of the appellant shall be served at least twenty days 563 SUPREME COURT RULES. Paper-Books. and that of the opposite party at least five days, before the days, assigned for the hearing of said causes. [203 (A)] Rule 42. When a cause is called for argument each party shall furnish one copy of his paper-book to each of the judges, and eleven to the prothonotary two for the reporter, one for the Law Association of Philadelphia, one for the State Library, one for the Legal Intelligencer, one for the West Publishing Company, two for his office, one for the office of the court in each of the other districts, and one for the records. [203 (A)] Rule 43. When the appellant is in default according to these rules, he may be non-suited on motion; and when the appellee is in default, he will not be heard except by special indulgence of the court. [205] Rule 44. When paper-books are furnished which dif- fer in any material respect from those prescribed, the parties furnishing them shall be considered in the same default as if none had been furnished, and on a proper occasion the court will, of its own motion, non-suit or silence the defaulting party, or suppress the paper-book. [205] Rule 45. Paper-books shall be furnished on unglazed book paper 9 in. x 6 in. in size, and printed from small pica or long primer type, with a margin of not less than one inch. The cover must be sufficiently light in color and firm in texture to permit writing in ink thereon to be easily read; it must show the number and term of the case in this court, the names of the parties in the same order as they appear on the docket of the court below, with the addition of the word "appellant" after the name of the party taking the appeal, and the court from which the appeal is taken, Appeals in the Orphans' Court 564 SUPREME COURT RULES. Paper-Books Applications for Interlocutory Orders. Arguments and Argument Lists. shall be entitled "Estate of , Appeal of [189] Rule 46. All paper-books shall contain a full and com- plete index, including an index of the appendix, which shall be on the inside of the front cover of the book, or on the following pages thereof. The index of the appendix shall contain a full and complete reference to its contents, including exhibits and the names of witnesses and where the testimony is printed indicating in each instance where the examination, cross-examination, and re-examination begins. If a paper-book contain more than one hundred pages, the appendix shall be printed in a separate book with a proper index thereto. [189] APPLICATIONS FOR INTERLOCUTORY ORDERS. Rule 47. In all applications for an order of supersedeas under the act of May 19, 1897, P. L. 67, or for any inter- locutory order, the applicant shall give notice to counsel on the other side when and where the application is to be made, unless the exigency of the case be such as to impel the court or judge before whom the application is made to dispense with such notice. [180] ARGUMENTS AND ARGUMENT LISTS. Rule 48. All cases shall be placed upon the argument list for the proper county next succeeding their entry, un- less otherwise specially ordered by the court: Provided. That no case shall be placed on the argument list where the appeal shall not have been taken twenty days before the return-day. [206] Rule 49. Cases will be called for argument in the order in which they stand on the printed argument list. If 565 SUPREME COURT RULES. Arguments and Argument Lists. neither party be present or ready to proceed with the argu- ment the case shall be non prossed, unless reason to the contrary be shown to the satisfaction of the court. [208] Rule 50. The argument of each cause shall be limited to one hour, unless the chief justice, upon an examination of the paper-books, shall consider more time to be neces- sary. [223] Rule 51. Sixty causes shall be assigned to each week, and a list thereof shall be made up and published by the prothonotary on the Saturday preceding; said causes shall be set down in the order of their term and number, and shall be numbered on said list consecutively. The first twelve cases on said weekly list shall be assigned for argu- ment on Monday, and for each succeeding day of the week, except Saturday, the first twelve cases theretofore undis- posed of on said list shall be assigned for argument. [209]. No cause on said list shall be continued when reached, except by leave of the court upon cause shown. Engagements of counsel in the lower courts will not be recognized as a reason for the continuance or postpone- ment of a cause, except when they are actually engaged in a trial which has been commenced in a previous week and is unfinished. [220] Rule 52. When it is desired, for any reason whatever, that a case be passed at its regular turn on the list, the prothonotary must be notified before the case is put on the daily list. Engagement of counsel in other courts, or agreement of parties, is no ground of exception to thir, requirement. The rule is for the conduct of the court's business, and is not subject to variation by counsel for any cause. [221] Rule 53. The list shall be made up each day at 3 o'clock 566 SUPREME COURT RULES. Arguments and Argument Lists. for the following day, and cases on that list must be argued or non pressed when called. [211] Rule 54. The prothonotary of each district shall keep a separate list for short causes. [212] Rule 55. To this list all causes shall be transferred in which the attorney of either party shall certify that it is a short cause. Notice of such transfer shall be given forth- with by the prothonotary to the other party. [214] Rule 56. The causes on this list shall have precedence over all others on Wednesday of the week in which the same causes would be heard, if they had remained on the general list and had been reached in their order. [216], Rule 57. Where a cause has been certified to be a short cause by the attorney of one party, and the attorney of the other party shall object in writing, it shall be put back again on the regular list : Provided, That such objection shall be made within three days from notice, and before the short list is taken up on Wednesday morning. [215] Rule 58. On the hearing of short causes the time of counsel shall be limited to fifteen minutes on each side. [217] Supreme Court Districts, Terms and Return Days. [For Supreme Court Districts by Counties, and Terms and Return days, see 20 and 21, Appendix, above.] 567 SUPERIOR COURT RULES. Terms and Return Days. RULES of THE SUPERIOR COURT OF PENNSYLVANIA. TERMS AND RETURN DAYS. Rule i. The judges of the Superior Court will annually hold terms of the said court, and appeals shall be return- able, at the following times and places, except as provided in Rule 7: First At Philadelphia : The first Monday of October, for the County of Phila- delphia. The second Monday of October, for the County of Philadelphia. The third Monday of October, for the Counties of Philadelphia, Franklin, Fulton and Wyoming. The fourth Monday of October, for the Counties of Bed- ford, Blair, Centre, Clearfield, Huntingdon, Lebanon, Mc- Kean, Northumberland and Potter. The second Monday of November, for the Counties of Berks and Lancaster. The third Monday of November, for the Counties of Bradford, Bucks, Chester and Delaware. The first Monday of December, for the Counties of Le- high, Montgomery, Northampton, Schuylkill and Mon- roe. 568 SUPERIOR COURT RULES. Terms and Return Days. The second Monday of December, for the Counties of Philadelphia and Carbon. Second At Williamsport: The first Tuesday after the last Monday of February, for the Counties of Cameron, Clinton, Elk, Lycoming, Sullivan, Tioga and Union. Third At Scranton: The first Monday of March for the Counties of Colum- bia, Lackawanna, Luzerne, Montour, Pike, Susquehanna and Wayne. Fourth At Harrisburg: The second Monday of March, for the Counties of Adams, Cumberland, Dauphin, Juniata, Mififlin, Perry, Snyder and York. Fifth At Pittsburgh: The second Monday of April, for the Counties of Alle- gheny, Crawford, Erie, Forest, Venango and Warren. The third Monday of April, for the Counties of Fayette, Greene, Washington and Westmoreland. The fourth Monday of April for the County of Alle- gheny. The first Monday of May, for the Counties of Cambria, Clarion, Indiana, Jefferson, Somerset and Allegheny. The second Monday of May, for the Counties of Arm- strong, Beaver, Butler, Lawrence and Mercer. 569 SUPERIOR COURT RULES. Attorneys Agreements of Attorneys. ATTORNEYS. s cSur? e Rule 2. Any applicant for admission to the bar of this Rule 2 ' court, who, on May 22, 1903, was a member of the bar of a court of common pleas of this commonwealth, and after he shall have practiced therein for at least two years, may be admitted, without examination, upon the certifi- cate of the state board of law examiners; and no such candidate shall be required to advertise or pay any fee for reporting upon his credentials. [33 (B)] Rule 3. Any person desiring to be formally admitted to the bar of this court, who, at the date of his applica- tion, shall have been admitted to practice at the bar of the Supreme Court of this commonwealth and is in good and regular standing, may be admitted and sworn upon ex- hibiting the certificate of the prothonotary of the Su- preme Court of these facts. [33 (A)] Rule 4. Every applicant for admission, not within the class described in Rule 2, and not having been admitted tc practice as an attorney at the bar of the Supreme Court, shall be required to present the certificate of the state board of law examiners, of his eligibility for admission to the bar of that court; and any applicant, being a per- son of good moral character, who shall present the afore- said certificate, shall be eligible for admission to practice as an attorney at the bar of this court. [See 33 (C)] Rule 5. Attorneys from other states may be admitted upon compliance with the provisions of Rule 9 of the Supreme Court relative to that subject. [See 33 (D)] AGREEMENTS OF ATTORNEYS. S courT e Rule 6. All agreements and notices of attorneys touch- Rule 10. j n g t he business of the court shall be in writing, other- wise the court will not enforce them. [See 227] 570 SUPERIOR COURT RULES. Criminal Cases Errors and Appeals. CRIMINAL CASES. Rule 7. The first Monday of each month shall be a special return day for all appeals in criminal cases. The fifth Monday after issuing the writ shall be assigned for the argument thereof, provided the court shall then be in session. If then in session in a place other than that in which the writ issued, the prothonotary issuing such writ shall certify the record to the place in which the court shall be sitting. If the court shall not be in session at that time, the case shall be certified to the place in which the next term shall be held [145 (B)]. Such cases shall be placed at the head of the list for argument [219]. The appellant shall serve his paper-books on the proper dis- trict attorney, or in case of appeal by the commonwealth on defendant or his counsel, ten days before the day as- signed for hearing, and the appellee shall serve his three days before the hearing. [203 (B)] ERRORS AND APPEALS. Rule 8. Counsel for the appellant shall, on or before supreme the return day of the term at which the case is upon the Rule u. list for argument, specify in writing the particular errors which he assigns, and file the same in the prothonotary's office; and on failure so to do the court may non pros, the writ. [183] Rule 9. In all cases where the record is not returned supreme i i r i , i Court on the return day of the term at which the case is upon Rule is. the list for argument, it shall be the duty of the prothono- tary to enter a non pros., which shall not be taken off ex- cept by order of the court. [144] Rule 10. The prothonotary shall endorse on each appeal Su Jo re r me or writ of certiorari to remove proceedings a rule to Rule 16 - SUPERIOR COURT RULES. Errors and Appeals Assignments of Error. appear and plead at the return day of the writ; and in default of appearance when the cause is called for argu- ment, and on proof of ten days' service of the rule on the appellee or his counsel below, the court will proceed ex parte. [133, 224] supreme Rule ii. In all cases, where, in pursuance of the judg- Court IIL Rule 17. ment of this court, a cause goes back to the court be- low for further proceedings, it shall be the duty of the prothonotary to certify and send back with the order, decree or judgment, a copy of the opinion of the court which shall have been filed. [244] supreme Rule 12. Motions for reargument or for any other pur- Ruie is. pose, after judgment, order or decree, shall be filed in the office of the prothonotary of this court for the proper dis- trict, but the record shall not be retained in any appeal beyond the limit of ten days provided by the Act of May 19, 1897, unless upon an order from the court or one of the judges thereof. Such motions must be accompanied with a copy of the opinion of the court. [225] Rule 13. Every judgment, order, or decree of this court shall be noted by the prothonotary on the minute book kept at the place where the court shall be in session, ?t the time, and, together with the opinion or opinions filed therewith, be forthwith transmitted to, and entered of record by the prothonotary in whose office the appeal was entered. [237] ASSIGNMENTS OF ERROR. supreme Rule 14. Each error relied on must be specified partic- Ru?e 1 2 t 6. ularly and by itself. If any specification embrace more than one point, or refer to more than one bill of excep- 572 SUPERIOR COURT RULES. Assignments of Error Paper-Books. tions, or raise more than one distinct question, it shall be considered a waiver of all the errors so alleged. [185] Rule 15. When the error assigned is to the charge of S cou e rT e the court, or to answers to points, the part of the charge or the points and answers referred to must be quoted ipsissimis verbis in the specification, and the parts of the charge assigned as error shall be enclosed in brackets in the printed charge, with the number of the assignment noted. [186] Rule 1 6. When the error of assignment is to the ad- ^[frT 6 mission or rejection of evidence, or to the striking out or Rule 28 - refusal to strike out evidence, the specification must quote the questions or offers, the ruling of the court thereon, and the evidence admitted or rejected, stricken out or which the court refuses to strike out, together with a reference to the page of the paper-book or appendix where the matter may be found in its regular order in the printed evidence or notes of trial. When the error alleged is the admission or rejection of a writing, a full copy of the writing must be printed in the paper-book. Any assign- ment of error not according to this and the rule imme- diately preceding will be disregarded. [187, 198] PAPER-BOOKS. Rule 17. In all cases where the appeal is from a judg- S cou e r? e ment on a verdict, the paper-book of the appellant shall contain the following matters in the following order: I. Names of all the parties as they stood on the record of the court below at the time of the trial, with the addition of the word "appellant" after the name of the party tak- ing the appeal, and the form of the action. 2.. Copy of the docket entries. 3. Abstract of the proceedings show- 573 SUPERIOR COURT RULES. Paper-Books. ing the issue and how it was made. 4. Statement of the questions involved (see Rule 23 [196]). 5. History of the case (see Rule 24 [197]. 6. Charge of the court, naming the judge, the points, if any, which were submit- ted in writing to the court, and the answers thereto. 7. Verdict of the jury and the judgment thereon. 8. Assign- ments of error. 9. Brief of argument of the appellant (see Rule 25 [199]). 10. Appendix containing the evidence, and the pleadings in full, including any opinion of the court below filed in the case, and copies of plans or draw- ings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rules 21 and 28 [156, 189]. [For Rule 17, see 190] s court 16 Rule *8. In all cases where the appeal is from a final Rule so. judgment at law in the common pleas, not founded upon a verdict or on a case stated, the paper-book of appellant shall contain: I. Names of all the parties as they stood on the record of the court below at the time of the entry of the judgment, with the addition of the word "appellant" after the name of the party taking the appeal, and the form of the action. 2. Abstract of the record showing the exact questions presented for the decision of the court and how disposed of. 3. Statement of the questions in- volved (see Rule 25 [196]). 4. History of the case (see Rule 24 [197]. 5. Requests for findings of facts and law and the answers thereto. 6. Report of facts and law by the judge sitting without a jury. 7. Exceptions to the findings of the court. 8. Opinion filed. 9. Judgment of the court. 10. Assignments of error, n. Brief of argu- ment of appellant (see Rule 25 [199]. 12. Appendix, containing the record in full, except the parts thereof printed in the paper-book proper, and, unless dispensed 574 SUPERIOR COURT RULES. Paper-Books. with by the appellee, the evidence submitted in the court below. 13. Copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rules 21 and 28 [156, 189]. [For Rule 18, see 192] Rule 19. In all cases where the appeal is from a pro- supreme ,. . .. 7. . , Court ceedmg in equity or from a proceeding in the nature Rule 31. thereof in the court of common pleas, or from the or- phans' court, the appellant's paper-book shall contain: i. Names of the parties and the nature of the proceedings, including the docket entries. 2. Short abstract of the bill or petition and answer. 3. Statement of the questions in- volved (see Rule 23 [196], 4. History of the case (see Rule 24 [197]. 5. Report of the auditor, referee or mas- ter, if there was one. 6. Requests for findings of facts or law with the answers thereto, and the findings of the judge. 7. Exceptions taken to the report in the court below. 8. Opinion of the court on the exceptions, and the decree made 9. Assignments of error. 10. Brief of argu- ment of appellant (see Rule 25 [199]). n. Appendix, containing pleadings in full, including any other opinion of the court below filed in the case, and such documentary and other evidence as may be necessary (see Rule 35 [189] 12 Copies of plans or drawings, whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rules 21 and 28 [156, 189]. [For Rule 19, see 193] Rule 20. In all cases where the appeal is from proceed- ings in the court of quarter sessions, and not provided for in Rule 17 [190], the paper-book shall contain: i. An abstract or brief of all the petitions, motions, orders, re- ports, exceptions, etc., which may be necessary to give the court here a full view of the record at once; and this in 575 SUPERIOR COURT RULES. Paper-Books. the precise order of their respective dates, and with the date of each prefixed. 2. The exceptions which were over- ruled or sustained by the final order or judgment of the court. 3. The opinion of the court, if it were filed in writ- ing. 4. Assignments of error. 5. The statement of the questions involved. 6. The argument. 7. Appendix, con- taining the record in full, and copies of plans or drawings whenever they have been used in the court below and are necessary for a correct or ready understanding of the case. (See Rules 21 and 28 [156, 189]. [For Rule 20, see 194] see Rule 21. When counsel do not agree as to the neces- Supreme Ruie UI 24 S ^y ^ Or P rmtm g plans and drawings, the matter shall be submitted to the trial judge, whose decision shall be con- clusive. [For annotations, see 156]. S cour? e Rule 22. Where the judgment is on a case-stated in Rule 32. th e na ture of a special verdict, the facts as agreed on by the parties, the opinion of the court, statement of the questions involved, assignments of error, and argument of counsel will be sufficient. Paper-books in cases not provided for in these rules shall conform as nearly to said rules as circumstances will admit. [191] S cou e rT e Rule 23. The statement of the question involved is Rule 34. designed to enable the court to obtain an immediate view of the nature of the controversy. It must state the ques- tion or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind whatever. It should not ordinarily exceed ten lines, and must not, under any circumstances, exceed half a page. This rule is to be regarded as in the highest degree manda- tory and admitting of no exception. [196] S courT e Rule 24. The history of the case must contain a closely Rule 35. condensed statement of all the facts of which a knowledge 576 SUPERIOR COURT RULES. Paper-Books. may be necessary in order to determine the points in con- troversy here, but must not contain any argument or any portion of the testimony. [197] Rule 25. The brief of the argument must contain a s clear statement of the points on which the party relies, Rule se with such reasons and arguments as he may see proper to add, together with all the authorities which he thinks pertinent. Where the error assigned is to the finding of fact by an auditor or master, the printed argument shall contain a synopsis of all the evidence bearing upon such disputed question of fact with reference to the page or pages of the appendix of the paper-book where such evi- dence may be found in extenso. [199] Rule 26. When authorities are cited, the principle in- S cou 6 rt i tended to be sustained by each case must be stated. Cases Rule 87 of the Supreme Court decided since the commencement of the state reports, and cases of this court, must be cited by the volume of the official reports. Wherever decisions of said courts are cited from legal periodicals, they must be accompanied by the certificate of counsel, inserted at the end of the argument but not in the body thereof, that said cases have not been reported in the official reports. Whenever a statute is cited, the reference shall be to the pamphlet laws and also to a standard di- gest in which it may be found. [200] Rule 27. The paper-book of the appellee may, if he s *$g chooses, contain no more than his argument. But he Rule 38 may at his option make a counter-statement of the ques- tion involved, and also, separately, a history of the case, with the facts as he claims them to be. [202] Rule 28. When in the printed copy of the assignments s ^$ of error or in the printed argument reference is made to Rule 3fl the testimony, to the charge of the court, or to other 577 37 SUPERIOR COURT RULES. Paper-Books. matter appearing upon the record, the pages must be stated where the matter referred to is to be found in the paper-book or appendix [199]. Brief words shall be printed at the top of each page of the paper-book, indi- cating the character of the matter contained therein; and in the appendix the name of the witnesses or the charac- ter of the document shall so appear. The pages of the paper book shall be numbered in Arabic figures, and not in Roman numerals, those in the appendix to be followed by a small a, thus: 100 a. When possible, all plans and drawings accompanying a paper-book shall be reduced to the size of a folio of not more than three pages. [189] Supreme court Rule 29. In cases returnable to the first argument period for the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney of record, at least ten days before the first day of the week to which the case is assigned for argu- ment; the appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days before the argument. In cases returnable to the De- cember period for the county of Philadelphia, appel- lant's paper-book shall be served on or before the fifteenth day preceding the first day of the said period, and the appellee's paper-book shall be served within ten days thereafter. [204] court" 5 Rule 30. In all cases, except those originating in the county of Philadelphia, the appellant shall serve a copy of his paper-book on the opposite party, or his attorney, at least twelve days before the day appointed for hearing the cases from the county where the cause was tried ; and the appellee shall serve a copy of his paper-book on the opposite party, or his attorney, at least five days be- fore the time appointed for hearing as aforesaid. But 578 SUPERIOR COURT RULES. Paper-Books. if the appeal shall have been taken thirty days or more before the day assigned for the hearing as aforesaid, the paper-book of the appellant shall be served at least twenty days, and that of the opposite party at least five days, before the days assigned for the hearing of said causes. [203 (A)] Rule 31. When a cause is called for argument, each party shall furnish one copy of his paper-book to each of Rule the judges, and eleven to the prothonotary one for his office, two for the reporter, one for the Law Association of Philadelphia, one for the Allegheny County Law Li- brary, one for the State Library, one for the Legal In- telligencer, one for Advance Notes, one for the Hirst Free Law Library, and two for the court crier. [203 (A)] Rule 32. When the appellant is in default according to these rules, he may be non-suited on motion; and when Rule 43 - the appellee is in default, he will not be heard except by special indulgence of the court. [205] Rule 33. When paper-books are furnished which dif- Su JPrem fer in any material respect from those here prescribed, Rule 44 - the parties furnishing them shall be considered in the same default as if none had been furnished, and on a proper occasion the court will, of its own motion, non-suit or silence the defaulting party, or suppress the paper- book. [205] Rule 34. Paper-books shall be furnished on unglazed supreme Court book paper 9 in. x 6 in. in size, and printed from small Rule 45 - pica or long primer type, with a margin of not less than one inch. The cover must be sufficiently light in color and firm in texture to permit writing in ink thereon to be easily read; it must show the number and term of the case in this court, the names of the parties in the same 579 SUPERIOR COURT RULES. Supreme Paper-Books. Application for Special Supersedeas or Interlocutory Orders. order as they appear on the docket of the court below, with the addition of the word "appellant" after the name of the party taking the appeal, and the court from which the appeal is taken. Appeals in the orphans' court shall be entitled "Estate of , Appeal of " [189] 'court 16 Rule 35. All paper-books shall contain a full and com- plete index, including an index of the appendix, which shall be on the inside of the front cover of the book, or on the following pages thereof. The index of the appendix shall contain a full and complete reference to its con- tents, including exhibits and the names of witnesses and where the testimony is printed, indicating in each in- stance where the examination, cross-examination and re- examination begin. If a paper-book contain more than one hundred pages, the appendix shall be printed in a separate book with a proper index thereto. [189] APPLICATIONS FOR SPECIAL SUPERSEDEAS OR INTERLOCUTORY ORDERS. Rule 36. Petitions for the allowance of special super- sedeas or other interlocutory order will not be entertained until after an appeal has been actually taken. They must set forth the questions involved and the judgment of the court. In criminal cases, they must set forth specifically and clearly the rulings complained of and the amount of bail which the defendant was under in the court below, and be accompanied by a copy of the indictment. [181] S cou e rT e Rule 37. In all applications for an order of supersedeas Rule 47. un der the Act of May 19, 1897, P. L. 67, or for any inter- locutory order, the applicant shall give notice to counsel on the other side when and where the application is to SUPERIOR COURT RULES. Arguments and Argument Lists. be made, unless the exigency of the case be such as to impel the court or judge before whom the application is made to dispense with such notice. [180] ARGUMENTS AND ARGUMENT LISTS. Rule 38. All cases shall be placed upon the argument supreme list for the proper county next succeeding their entry Ruf^Vs. unless otherwise specially ordered by the court; provided, that no case shall be placed on the argument list where the appeal shall not have been taken twenty days before the return day. As to criminal cases, see Rule 7. [207] Rule 39. Cases will be called for argument in the order supreme Court in which they stand on the printed argument list. If Rule 4 - neither party be present or ready to proceed with the argument the case shall be non-prossed, unless reason to the contrary be shown to the satisfaction of the court. [208] Rule 40. Sixty causes shall be assigned to each week, Su *f r me and a list thereof shall be made up and published by the Rule 51 - prothonotary on the Saturday preceding; said causes shall be set down in the order of their term and number, and shall be numbered on said list consecutively. The first twelve cases on said weekly list shall be assigned for argu- ment on Monday, and for each succeeding day of the week, except Saturday, the first twelve cases theretofore undisposed of on said list shall be assigned for argument [210]. No cause on said list shall be continued when reached, except by leave of the court upon cause shown. Engagement of counsel in the lower courts will not be recognized as a reason for the continuance or postpone- ment of a cause, except when they are actually engaged SUPERIOR COURT RULES. Arguments and Argument Lists. in a trial which has been commenced in a previous week and is unfinished. [220] S cou e r me Rule 41. When it is desired, for any reason whatever, Rule 52. t j iat; a case b e p assec i at its regular turn on the list, the prothonotary must be notified before the case is put on the daily list. Engagement of counsel in other courts, or agreement of parties, is no ground of exception to this requirement. The rule is for the conduct of the court's busi- ness, and is not subject to variation by counsel for any cause. [221] s cour me Rule 42. The list shall be made up each day at three Rule 53. o'clock for the following day, and cases on that list must be argued or non-prossed when called. [211] Rule 43. In the argument of cases counsel for the ap- pellant shall have the right to begin and conclude, but in concluding shall be confined to answering the arguments of appellee's counsel. In the exceptional cases where two counsel desire to be heard for the appellee, the counsel speaking second shall confine his argument to questions not discussed by his associate. [222] Rule 44. In all cases where these rules do not apply, the practice of this court shall be regulated by the then present practice of the Supreme Court of Pennsylvania, so far as the same may be applied. [222] EQUITY RULES. Rules i, 2 General Provisions. RULES OF EQUITY PRACTICE IN THE Courts of Pennsylvania As adopted by the Supreme Court May 27, 1865, revis-ed and amended by the orders of January 15, 1894, October 5, 1900, and July 6, ign. GENERAL PROVISIONS. Rule i. The equity side of the courts shall be deemed always open for the purpose of filing bills, answers and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules and other proceedings, preparatory to the hearing of causes upon their merits. Rule 2. The prothonotary's office shall be open, and the. prothonotary shall be in attendance therein daily, during office hours, for the purpose of receiving, entering, enter- taining and disposing of all motions, rules, orders and other proceedings, which are grantable of course, and applied for 582* Rules 3-5 EQUITY RULES. Process and Appearance. or had by the parties or their solicitors, in all causes pend- ing in equity, in pursuance of the rules hereby prescribed. PROCESS AND APPEARANCE. Rule 3. No suit shall be deemed pending until the bill be actually filed in the prothonotary's office. Every bill shall be printed, except in the cases specially provided for in these rules; and the prothonotary shall endorse thereon the time of filing the same. Rule 4. Unless otherwise provided by law, the defend- ant or defendants shall be required in the first instance, to appear and answer the exigency of the bill, by the service upon each defendant therein named, of a printed copy thereof, on which shall be endorsed a notice in the follow- ing form : "To (here the name of the defendant, upon whom service is to be made, must be inserted). You are hereby notified and required, within fifteen days after service hereof on you, to cause an appearance to be entered for you in the court (here insert the proper court), to the within bill of complaint of the within-named (here insert the name of complainant), and to observe what the said court shall direct. You are also notified that if you fail to comply with the above directions by not entering an appearance in the prothonotary's office within fifteen days you will be liable to have the bill taken pro confesso, and a decree made against you in your absence. Witness my hand at (here insert the place where the court is held, the date of notice, and name and place of business of plaintiff's solicitor)." Rule 5. The plaintiff shall be at liberty to include in the rule to appear a further requirement to answer within thirty days, and in such case the notice shall contain the 583* EQUITY RULES. Rules 5-10 Process and Appearance. words, "and to file your answer within thirty days," after the words "cause an appearance to be entered for you in the court," and again the same words in the notice that failure to comply will render defendant liable to judgment pro confesso. Rule 6. If the defendant cannot prepare his answer within thirty days the court may on motion, with notice to the other party, enlarge the time. Rule 7. Guardians ad litem to defend a suit may be ap- pointed by the court, or by any judge thereof, on petition, for infants or other persons, who are under guardianship, or otherwise incapable to sue for themselves; all infants and other persons so incapable may sue by their guardians, if any, or by their prochein ami, subject, however, to such orders as the court may direct, as to security or otherwise, for the protection of such infants and other persons. Rule 8. Service upon a defendant shall be by giving him a printed copy of the bill, with a notice endorsed there- on in the form prescribed in these rules, or by leaving such copy and notice at his dwelling house, with an adult mem- ber of his family or the family in which he resides. The court, or a law judge thereof, may direct how service shall be made in special cases. Rule 9. In cases where husband and wife are defend- ants, service of a copy of the bill and notice to appear shall be made on each of them. Service on non-resident defend- ants shall be made in the mode prescribed by the acts of assembly relating thereto. Rule 10. Service of the bill and notice to appear and answer on a corporation, shall be effected in the mode pre- scribed by law for the service of a writ of summons upon 584* Rules 10-13 EQUITY RULES. Process and Appearance. such corporation. Where the commonwealth is a neces- sary party, service shall be made in the manner prescribed by the act of 6th April, 1844. Rule ii. Whenever the court shall make an order under the provisions of the act of 6th April, 1859, f r a service upon a non-resident defendant, without the com- monwealth, such service shall be by delivery to him of a copy of the bill, such as is provided for in these rules, to- gether with a copy of the order authorizing such service ; and in such case the form of subpoena shall be similar in substance to the notice to appear prescribed by these rules, but so varied as to require the defendant to cause an ap- pearance to be entered for him, on or before the time fixed in such special order. Rule 12. Whenever the court shall direct service by publication, under the provisions of the act of 6th April, 1859, a copy of such order, together with a statement of the substance and object of the bill, petition, or other pro- ceeding, shall be published in such one or more news- papers, and at such times as the court shall by special order direct, having regard to the probable residence of the de- fendant, and affidavit filed stating all the knowledge or in- formation of the complainant or deponent, in reference to such defendant's place of residence. Rule 13. Upon filing the bill the prothonotary shall enter the suit upon his docket as pending in the court, and shall state the time of entry; and upon the filing of an affi- davit of the due service of notice to appear and answer upon the defendant or defendants, shall enter the same upon the docket. The appearance of the defendant, either personally or by solicitor, shall be by a paper filed and en- 585* EQUITY RULES. Rules 13, 14 Pleadings Generally. dorsed by the prothonotary, with the time of filing the same, and shall be noted on the margin of the equity docket. If the defendant shall not cause an appearance to be en- tered for him and an answer filed within the time limited for that purpose, the plaintiff may, at his election, enter an order as of course in the cause, that the bill be taken pro confesso, or proceed by attachment as is hereafter pro- vided by Rule 29. PLEADINGS GENERALLY. Rule 14. All bills, and subsequent pleadings, including amendments where such amendments exceed one hundred consecutive words, shall be printed on white sized paper of a convenient size. Amendments shall be printed on one side only of the paper. Each party appearing by separate counsel shall be entitled to ten copies of all such pleadings. The amount paid for printing shall be allowed as costs of the cause. This rule shall not apply where counsel shall certify that his client, by reason of poverty, is unable to pay for the same. In which case, instead of ten printed copies, each party shall be entitled to one fairly written copy of all pleadings, and in such case any other party may print such papers, and be allowed for the expense at the termination of the cause, or when the court shall see fit to order the payment by the other party. The prothonotary shall not permit any such unprinted pleadings to be filed, saving with such a certificate, and saving also bills for in- junction where counsel shall certify that there has not been time to print the same. And such injunction bills shall be withdrawn and deemed finally dismissed as of course, unless within twenty days after filing the same, printed copies are filed and served. 586* Rules 15-17 EQUITY RULES. Structure of Bill. STRUCTURE OF BILL. Rule 15. Every bill shall be expressed in as brief and succinct terms as it reasonably can be, and shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments, in haec verba, or any other impertinent matter, or any scandalous matter not relevant to the suit. If it do, it may be heard by any law judge of the court on exceptions for impertinence or scandal, and if so found by him, the matter shall be expunged at the expense of the plaintiff, and he shall pay to the defendant all his costs in the suit up to that time, unless the court or a law judge thereof shall otherwise order. If the judge shall find that the bill is not scandalous or impertinent, the plaintiff shall be entitled to such allowance for trouble and delay as the court may decree equitable, to be taxed as part of the costs in the case. Rule 16. Every bill, in the introductory part thereof, shall contain the names of all the parties, plaintiffs, and defendants, by and against whom the bill is brought. The form in substance shall be as follows: In the (style of court) Sitting in equity. Between A B, plaintiff, and C D, defendant. To the Honorable the Judges of the said court your orator complains and says, &c. Rule 17. The bill shall be divided into paragraphs con- secutively numbered, and shall contain a succinct state- ment of the facts upon which the plaintiff asks relief, and, at his option, the facts which are intended to avoid an anticipated defence, and such averments as may be neces- sary under the rules of equity pleading to entitle the plain- tiff to relief, and the prayer for relief and for special orders, writs, or process, which shall also be so divided and num- 587* EQUITY RULES. Rules 18-21 Parties. bered. The combination clause, the interrogatories, and the allegation of want of remedy at law and similar formal averments shall be omitted. PARTIES. Rule 18. Where no account, payment or conveyance, or other direct relief is sought against a party to a suit not being an infant, the party upon service of the notice upon him, need not appear and answer the bill unless the plain- tiff especially requires him so to do, by the prayer of his bill ; but he may appear and answer at his option ; and if he does not appear and answer he shall be bound by all the proceedings in the cause. If the plaintiff shall require him to appear and answer, he shall be entitled to the costs of all the proceedings against him, unless the court shall other- wise direct. Rule 19. Where infants or persons not sui juris, are parties, the fact shall be specially stated in the bill, so that the court before or after the service of process may take such order thereon as justice may require. Rule 20. Where persons without the jurisdiction are proper or necessary parties, this fact shall be stated in the bill, and they may be brought in by service when they come within the jurisdiction of the court, or under a special order as provided by the acts of assembly. Rule 21. In all cases where it shall appear to the court that persons who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the court, in- capable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the 588* Rules 22-24 EQUITY RULES. Parties. parties before the court, the court may, in their discretion, proceed in the cause without making such persons par- ties; and in such cases the decree shall be without preju- dice to the rights of the absent parties. Rule 22. Where the parties on either side are very numerous, and cannot without manifest inconvenience and oppressive delays in the suit be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all the adverse interest of the plaintiffs and the defendants in the suit properly before it. But in such cases the decree shall be without prejudice to the rights and claims of all the absent parties. Rule 23. In all suits concerning real estate, which is vested in trustees, and such trustees are competent to sell and give discharges for the proceeds of the sale, and for the rents and profits of the estate, such trustees shall represent the persons beneficially interested in the estate or the pro- ceeds, or the rents and profits, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons benefi- cially interested in such personal estate, and in such cases it shall not be necessary to make the persons beneficially interested in such real estate or rents and profits parties to the suit, but the court may, upon consideration of the mat- ter on the hearing, if it shall so think fit, order such persons to be made parties. Rule 24. In suits to execute the trusts of a will, it shall not be necessary to make the heir-at-law a party; but the plaintiff shall be at liberty to make the heirs-at-law parties where he desires to have the will established against them. 589* EQUITY RULES. Rules 25-27 Parties. Rule 25. In all cases where the plaintiff has a joint and several demand against several persons either as princi- pals or sureties, it shall not be necessary to bring before the court, as parties to a suit concerning such demand, all the persons liable thereto; but the plaintiff may proceed against one or more of the persons severally liable. But the defendant may at once proceed by a bill in the nature of a cross-bill, against such party as is liable jointly with him, and such party shall be permitted to make himself a party to the original cause, and defend the same, and the proceedings in the original cause shall, after the service 01 such cross-bill, be conclusive as to such other party, and if he shall appear thereto, be conducted as if he had been made a party thereto in the first instance. Rule 26. If a defendant shall, at the hearing of a case, object that a suit is defective for want of parties not hav- ing taken the objection by answer or demurrer, and there- in specified by name or description the parties to whom the objection applies, the court, if it shall think fit, shall be at liberty to make a decree, saving the rights of the absent parties. Rule 27. Where the defendant shall, by his answer, suggest that the bill is defective for want of parties, the plaintiff shall be at liberty, within fourteen days after an- swer filed, to set down the cause for argument upon that objection only; and the purpose for which the same is so set down shall be notified by an entry, to be made in the equity docket, in the form or to the effect following, that is to say: "Set down upon the defendant's objection for want of parties." And where the plaintiff shall not set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by 590* Rules 27-29 EQUITY RULES. Parties, Demurrers, and Decrees Pro Confesso. the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order for liberty to amend his bill by add- ing parties. But the court, if it think fit, shall be at liberty to dismiss the bill. Rule 28. The parties to a suit may at any time before decree, by agreement in writing, without special motion, consent that the bill be dismissed, with or without costs, as may be stipulated ; and upon payment of the costs due to the officers of the court, such agreement shall be entered upon the docket, and the suit shall be thereupon fully ended and discontinued. DEMURRERS, AND DECREES PRO CONFESSO. Rule 29. The plaintiff shall be entitled in filing his bill to a rule on defendant to be entered of course in the pro- thonotary's office, to file his demurrer, or answer to the bill within thirty days after service of notice of such rule; in default of compliance therewith the plaintiff may at his election enter an order as of course in the cause, that the bill be taken pro confesso. And in such case, and also where the bill is taken pro confesso for want of an ap- pearance, the cause shall be proceeded in ex parte, and the case may be put upon the next equity argument list, and the matter of the bill may be decreed by the court when there reached in its order, if the same can be done without an answer, upon the allegations in the bill, which without further proof shall be taken as admitted; or the plaintiff, if he requires any discovery or answer to enable him to obtain a proper decree shall be entitled to process of attachment against the defendant to compel an answer, and the defendant shall not, when arrested upon such pro- EQUITY RULES. Rules 29-32 Demurrers and Decrees Pro Confesso. cess, be discharged therefrom unless upon filing his an- swer or otherwise complying with such order as the court or a law judge thereof may direct as to fully answering the bill within a period to be fixed by the court or judge, and undertaking to speed the cause; or it shall be in the op- tion of the plaintiff, when such rule to answer or demur shall have been served as aforesaid and not complied with or on default of appearance by the defendant within the time limited therefor, instead of taking the bill pro con- fesso, to have process of contempt to compel an answer. Rule 30. When the bill is taken pro confesso, and the court shall have proceeded to a decree as aforesaid, such decree so rendered shall be deemed absolute, unless the court or a law judge thereof shall, within fourteen days after the service of notice of such decree on the defendant, set aside the same and give the defendant time for filing an answer upon cause shown. And no such motion shall be granted, unless the defendant shall undertake to file his an- swer within such time as the court shall direct, and sub- mit to such other terms as the court shall direct for the purpose of speeding the cause. Rul'e 31. The defendant may, at any time before the bill is taken for confessed, or afterwards with the leave of the court, demur to the whole bill or to part of it, and he may demur to part and answer as to the residue; but all issues of fact must be made by answer. Rule 32. No demurrer shall be allowed to be filed to any bill, unless supported by affidavit that it is not inter- posed for delay. Demurrers shall be substantially in the form following: "The defendant demurs to the whole bill," "or to so much of the bill, or discovery or relief," 592* 37a Rules 33-36 EQUITY RULES. Demurrers and Decrees Pro Confesso. stating the particulars and assigning the reason or grounds in detail. Rule 33. The plaintiff may set down the case for argu- ment on the demurrer, and if he shall not do so within ten days after service of the same, the defendant may set it down for argument on five days' notice. Rule 34. No demurrer shall be held bad and overruled upon argument, only because such demurrer shall not cover so much of the bill as it might by law have extended to, or because the answer of the defendant may extend to some part of the same matter as may be covered by such demurrer. Rule 35. If, upon the hearing, any demurrer or plea shall be allowed, the court may, in its discretion, upon motion of the plaintiff, allow him to amend his bill upon such terms as it shall deem reasonable. Rule 36. If upon the hearing, any demurrer is over- ruled, unless the court shall be satisfied that it was in- tended for vexation and delay, the defendant shall be re- quired to answer the bill, or so much thereof as is covered by the demurrer, at such period as, consistently with jus- tice and the rights of the defendant, the same can, in the judgment of the court, be reasonably done; in default whereof the bill shall be taken against him, pro confesso, and the matter thereof proceeded in and decreed accord- ingly; and such decree shall also be made when the court deems the plea or demurrer to have been for vexation or delay, or to have been frivolous or unfounded. ANSWERS AND CROSS-BILLS. Rule 37. The defendant shall make answer to all the 593* EQUITY RULES. Rules 37, 38 Answers and Cross-Bills. material allegations of the bill. The answer of a defend- ant must be in the first person, and divided into para- graphs, numbered consecutively, each paragraph contain- ing, as nearly as may be, a separate and distinct allegation. The rule, that if the defendant submits to answer, he shall answer fully to all the matters of the bill, shall no longer apply in cases where he might, by plea or demurrer, protect himself from such answer and discovery. And the defend- ant shall be entitled in all cases, by answer, to insist upon all matters of defence in law (not being matters of abate- ment, or to the character of the parties, or of matters of form), to the merits of the bill, of which he may be en- titled to avail himself by demurrer or plea in bar; and in such answer he shall not be compellable to answer any other matters than he would be compellable to answer and discover, upon filing a demurrer or plea in bar and an an- swer in support of such plea, touching the matters set forth in the bill to avoid or repel the bar, or defence. Thus, for example, a bona fide purchaser, for a valuable consideration, without notice, may set up the defence by way of answer, instead of plea, and shall be entitled to the same protection, and shall not be compellable to make any further answer or discovery of his title than he would be in any answer in support of such plea. Rule 38. Specific interrogatories to defendants shall not be included in the bill, but may be filed separately, if necessary. In like manner, any defendant shall be entitled to file interrogatories to any of the plaintiffs after he shall have put in his own answer to the bill. In either case, they may be filed at any time before the taking of testimony is begun, and shall be deemed, with the answers, part of the pleadings. By special leave on notice, they may be filed 594* Rules 38, 39 EQUITY RULES. Answers and Cross-Bills. after testimony has been taken, and answers required at such time as the court or a law judge may order. They shall be divided as conveniently as may be, and numbered. Where there is more than one defendant or plaintiff, the particular interrogatories which each is required to answer shall be specified by a note at the foot of the paper. A copy shall be served on each party required to answer them, or his counsel, and an order of course, to answer within ten days after such service, and on neglect to an- swer any interrogatory and serve a copy of such answer within that time, the plaintiff or defendant, as the case may be, shall be entitled to move for an attachment to compel an answer. Rule 39. A plaintiff or defendant shall be at liberty to decline answering any interrogatory, or part of an inter- rogatory, when he might have protected himself by de- murrer from answering the subject-matter of the interro- gatory; and he shall be at liberty so to decline, notwith- standing he shall answer other interrogatories, from which he might have protected himself by demurrer, and the plaintiff or defendant may, on forty-eight hours' notice, set down the matter for a hearing before any law judge of the court, as on an exception to the answer for insufficiency. But where the interrogatories are not fully answered, and no reason is assigned for the omission, the particular ob- jection must be pointed out by exception, to be filed and served at least ten days before the hearing of such excep- tion. The plaintiff or defendant shall be at liberty, before answers to the interrogatories are filed, or pending excep- tions, to file or require a replication and proceed to take testimony without waiver of his right to such answers, or of his exceptions to the answers. 595* EQUITY RULES. Rules 40-43 Answers and Cross-Bills Exceptions to Answers. Rule 40. Cross-bills for discovery only shall not be al- lowed, but the defendant shall be at liberty instead there- of, to file interrogatories to the plaintiff as above provided. In other cross-bills no further reference shall be made to the matters contained in the original bill than shall be necessary, but the same may be treated as if incorporated therein. The rules regulating the form of bills shall apply to cross-bills. If no new parties are introduced, service of a copy of the cross-bill on the counsel of the plaintiff in the original bill shall be sufficient. Where other persons are made parties, the service shall be in the manner provided in original bills, a copy of such original bill being served together with the cross-bill, and such new parties shall be entitled to have copies of the answer to the original bill as required for the plaintiff. Rule 41. Answers and affidavits may be sworn to be- fore any person authorized to administer oaths under the laws or usages of this commonwealth, or of any other state, territory, or country, where the oath is taken. EXCEPTIONS TO ANSWERS. Rule 42. After an answer to the bill, to interrogatories or to any other pleading has been filed, the opposite party shall be allowed twenty days from the service of a copy of such answer on his counsel, to file in the prothono- tary's office exceptions thereto, and no longer, unless ad- ditional time shall be allowed for the purpose, upon cause shown to the court or a law judge thereof; and if no ex- ceptions shall be filed thereto within that period, the an- swer shall be deemed and taken to be sufficient. Rule 43. Where an exception shall be filed to the an- swer for insufficiency, within the period prescribed by 596* Rules 43-45 EQUITY RULES. Exceptions to Answers. these rules, if the party riling the answer shall not submit to the same, and file an amended answer within ten days from service of a copy of such exception on counsel, the exceptant shall forthwith order the prothonotary to set the matter down for a hearing on the next day thereafter appointed for such causes, before a law judge of the court, and shall give notice of such order to the opposite party or his solicitor. And if he shall not so set the same down for a hearing, the exception shall be deemed abandoned, and the answer shall be deemed sufficient; provided, how- ever, that the court or any law judge thereof may, for good cause shown, enlarge the time for filing an exception or for filing an amended answer in their or his discretion, upon such terms as they or he may deem reasonable. Excep- tions shall be printed, and the expense of printing such as are sustained shall be allowed as costs, to be immediately recovered. Rule 44. If, at the hearing, any exception shall be al- lowed, the party answering shall be bound to put in a full and complete answer, within ten days, unless the time be enlarged by order of the court, otherwise the exceptant shall as of course be entitled to take the bill, so far as the matter of such exceptions is concerned, as confessed, or, at his election, he may have a writ of attachment to compel the party answering to make a better answer to the mat- ter of the exception ; and the party answering, when he is in custody upon such writ, shall not be discharged there- from but by an order of the court or of a law judge thereof, upon his putting in such answer and complying with such other terms as the court or judge may direct. Rule 45. No order shall be made by any judge, for hearing any bill, answer, or pleading, or other matter, or 597* EQUITY RULES. Rules 45-47 Exceptions to Answers Replications. proceeding depending before the court for scandal or im- pertinence, unless exceptions are taken in writing, and signed by counsel, describing the particular passages which are considered to be scandalous or impertinent; nor unless the exceptions shall be filed within ten days after service of the same upon the party excepting or his counsel, and such exceptions may be set down for hearing by either party on forty-eight hours' notice, or such other notice as the court may direct to the opposite party. REPLICATIONS. Rule 46. Whenever the answer of the defendant shall not be excepted to, or shall be adjudged or deemed suffi- cient, the plaintiff shall file the general replication thereto within ten days thereafter, unless he shall set the cause down on bill and answer; and in all cases where the general replication is filed, the cause shall be deemed to all intents and purposes at issue, without any rejoinder or other plead- ing on other side. If the plaintiff shall omit or refuse to file such replication within the prescribed period, the de- fendant shall be entitled to a rule upon him to reply with- in ten days after notice of such rule; on failure to file such replication with notice to the defendant's counsel, the plaintiff shall be deemed to have abandoned his right to traverse the matters alleged in the answer. The replica- tion shall be in substance thus: "The plaintiff joins issue on the matters alleged in the answer." Rule 47. No special replication to any answer shall be filed. But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same upon motion to the court or a law judge thereof in vacation. 598* Rules 48-50 EQUITY RULES. Amendments, Supplemental Bills, etc. AMENDMENTS, SUPPLEMENTAL BILLS, ETC. Rule 48. The plaintiff shall be at liberty, as a matter of course, to amend his bill in any matters whatsoever, before answer or demurrer to the bill, but he shall, without delay, give the defendant notice of such amendment, and all rules taken by the plaintiff in the case shall be suspended until such notice is given. Rule 49. After an answer or demurrer is put in and be- fore replication, the plaintiff may, upon motion or petition, without notice, obtain an order from any law judge of the court to amend his bill within twenty days thereafter. But after the replication filed the plaintiff shall not be permit- ted to withdraw it and to amend his bill, except upon an order of a law judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affi- davit that the same is not made for the purpose of vexa- tion or delay, or that the matter of the proposed amend- ment is material, and could not with reasonable diligence have been sooner introduced into the bill, and upon the plaintiff's submitting to such other terms as may be im- posed by the judge for speeding the cause. Rule 50. If the plaintiff, so obtaining any order to amend his bill after answer, or demurrer, or after replica- tion, shall not file his amendments or amended bill, as the case may require, in the prothonotary's office, and serve a copy on the counsel of all other parties to the cause, who appear by counsel within the time appointed for making such amendments, he shall be considered to have aband- oned the same, and the cause shall proceed as if no appli- cation for any amendment had been made. Rule 51. In every case where, after answer or demurrer 599* EQUITY RULES. Rules 51-53 Amendments, Supplemental Bills, etc. filed, an amendment of the bill is made in such particulars as to vary the case or the grounds of relief, the defendants shall be at liberty to demur or answer to the amended bill or to the amendments, as if no previous answers had been filed, and the answer to the original bill shall not, unless the defendant fails to put in another answer when required, be used except as an admission of the facts therein stated, subject to explanation by the answer subsequently filed. Answers to amendments may be required at such times as the court or a law judge upon notice shall direct, and shall be in other respects subject to the rules regulat- ing answers to the original bill. Rule 52. After an answer is put in, it may be amended as of course, in any matter of form, or by filling up a blank, or correcting a date, or reference to a document, or other small matter, and be resworn, at any time before replica- tion is put in, or the cause is set down for a hearing upon bill and answer. But after replication or such setting down for a hearing, it shall not be amended in any material mat- ters; as by adding new facts or defences, or qualifying or altering the original statements, except by special leave of the court or a law judge thereof, upon motion and cause shown after due notice to the adverse party, supported, if required, by affidavit. And in every case where leave is so granted, the court or the judge granting the same may, in his discretion, require that the same be separately en- grossed and added as a distinct amendment to the original answer, so as to be distinguishable therefrom. Rule 53. Whenever the circumstances are such as to require a bill of revivor, supplemental bill, or bill in the nature of either or both, or where additional or diffierent parties are required to be joined, the same shall be made 600* Rules 53,54 EQUITY RULES. Amendments, Supplemental Bills, etc. Evidence. by way of amendment or addition to the original bill, and copies of such amendments or additions being served on the parties to the original bill, or their counsel, on the rec- ord, shall entitle the plaintiff to proceed as on an original bill, after service. Where a new party is joined a copy of the original bill and the amendment shall be served as is provided for in the case of original bills. But, where the personal representative of a deceased party is properly re- quired to be joined, it may be done by stating on the record the fact of the death, and the grant of letters to such repre- sentative, and by service of notice of such statement on such representative; and the cause, without more delay, shall proceed as if such representative had been originally a party, allowing him ten days to appear. EVIDENCE. Rule 54. An order to take the testimony of ancient, in- firm and going witnesses de bene esse before any justice of the peace or other person, authorized by law to take de- positions in other cases, may be entered by either party in the prothonotary's office of course, at any time after the service of process, stipulating a reasonable notice to the adverse party; so of an order for a commission to any place within the State of Pennsylvania more than forty miles distant from the county seat of the respective county, or to any other state or territory or to foreign parts. But in case of a commission, the interrogatories must be filed in the prothonotary's office at the time, and written notice of this last order and of the names of the commissioners must be served on the adverse party at least fifteen days before the commission issues, in order that he may file cross-interro- gatories, or nominate commissioners on his part, if he shall 601* EQUITY RULES. Rules 54-57 Evidence. deem it desirable: Provided, That testimony so taken shall only be admitted on the hearing of the cause, when the circumstances are such as would excuse the produc- tion of such witnesses and make admissible depositions taken de bene esse on trials by jury in the same courts. Rule 55. Upon the return of any commission executed, the same may, at the application of either party, be opened by any one of the judges of the court, in term time or vaca- tion, or by the prothonotary; and the prothonotary shall give notice to the parties of the return of any commission, and of the filing of depositions taken before any justice of the peace, or other person, and the parties shall, within ten days after service of such notice upon them respectively, enter exceptions in writing, if they have any, to the form of the interrogatories or the manner of the execution of the commission, and the taking of the depositions, or be there- after precluded from the benefit of such exceptions, which exceptions when so taken may be put down for hearing by either party giving forty-eight hours' notice to his adver- sary thereof, or such other notice as the court may direct. Rule 56. The last of the interrogatories to take testi- mony shall be stated in substance, thus: "Do you know, or can you set forth any other matter or thing, which may be a benefit or advantage to the parties at issue in this cause, or either of them, or that may be material to the subject of this your examination, or the matters in ques- tion in this cause? If yea, set forth the same fully and at large in your answer." Rule 57. All affidavits and depositions shall be taken and expressed in the first person of the deponent ; and shall be divided into paragraphs, and each paragraph, as nearly as may be, confined to a distinct portion of the subject. 602* Rules 58-60 EQUITY RULES. Evidence Trial. Rule 58. On all interlocutory applications, as for an in- junction, or the appointment of a receiver, either party shall be at liberty to produce his witnesses for examina- tion in open court at the hearing of the application, as to all such matters as could be proved by their affidavits, subject to cross-examination as in other cases, or upon reasonable notice, to require the other party to produce his witnesses for examination in open court, unless sufficient cause be shown to the contrary. Rule 59. The office of Examiner to take testimony, is hereby discontinued, except in proceedings conducted under the directions of a statute by which duties are im- posed upon an Examiner, as in bills to perpetuate testi- mony and similar cases. All testimony in cases in equity shall be taken in the same manner as is now practiced in courts of law, upon rule, commission, letters rogatory, or in open court. Rules may be entered for the purpose of taking testimony on the equity side of the several Courts of Common Pleas, in the same manner, and with the same effect, as upon the common law side of the same courts. TRIAL. Rule 60. The hearing of cases in equity shall be con- ducted before the Judge sitting as Chancellor, or before a referee, and the office of Master in Chancery is hereby dis- continued, except in proceedings where decrees or inter- locutory orders are to be executed, or their execution supervised by an officer of the court; as in partition, the sale of real estate, the execution of deeds and the like. When a case in equity is at issue upon demurrer it shall be placed on the argument list then next to be heard. When it is at issue upon answer it shall be placed on the equity 6o3* EQUITY RULES. Rules 60-63 Trial. trial list. Cases upon the trial list shall be heard in court in the same manner that actions at law wherein trial by jury has been waived are now heard by courts of law. The evidence shall be given or read in open court, and excep- tions to the admission or rejection of evidence and of wit- nesses, may be taken in the same manner, and with the same effect as is now practiced in the trial of actions at law. The Judge shall sit continuously during the trial of causes in equity in the same manner as during the trial of actions at law. Rule 61. A trial in equity shall be conducted, as nearly as may be, as a trial at law is now conducted. When en- tered upon it shall not be interrupted or postponed, except for cause shown to, and approved by, the court or referee ; and the costs of all such postponements shall be paid by the party at whose instance the same may be ordered, and shall not abide the result, or be taxed in the general bill of the successful party. Continuances for cause may be made where the list is called, with or without terms, as is now practiced in the courts of common law. Rule 62. The counsel for the respective parties may present to the Judge, sitting as Chancellor, requests for findings both of fact and law. After hearing the evidence, and the argument of counsel, the Judge may adopt or affirm these requests, or any of them, qualify or deny them, or state his findings of fact or of law in his own language. The requests so presented, with the answers thereto, and the findings of the Judge, both of law and fact, shall be filed by the prothonotary, and become thereby part of the record of the court in the said case. Rule 63. Upon the filing of the findings by the Judge, the prothonotary shall enter a decree nisi in accordance therewith, and give notice to the parties or their counsel. 604* Rules 64-69 EQUITY RULES. Trial Referees Rule 64. Exceptions may then be filed by either party within ten days, which exceptions shall cover all objec- tions to rulings on evidence, to findings of fact or law, or to the decree in the case. Rule 65. If no exceptions be filed, all objections shall be deemed to be waived and a final decree entered by the prothonotary as of course. Rule 66. If exceptions shall be filed, they shall be heard upon the argument list as upon a rule for new trial, and the judge or the court in bane shall have power to sustain or dismiss any of such exceptions and confirm, modify or change the decree accordingly. Rule 67. Upon appeal to the Supreme or Superior Court such matters only as have been so excepted to and finally passed upon by the court, shall be assignable for error. Rule 68. If the judge or referee upon the close of complainant's evidence shall be of opinion that the case made in the bill has not been sustained he shall have power to enter a decree of dismissal without hearing evidence on behalf of the defendant. Such decree shall have the effect of a non-suit at law, but a refusal of the court, after motion and argument, to change the decree shall be considered a final decree for all purposes. The court in bane in every such case shall file an opinion specifically setting forth its reasons for refusing to change the decree of dismissal. Rule 69. When a case in equity is at issue upon answer it may be taken from the list by the parties, and its trial re- ferred to a person agreed upon by them, who shall be called a "referee." He shall proceed at once upon his appoint- ment to fix a day for trial, which shall not be more than 605* EQUITY RULES. Rules 69, 70 Referees Fees. three months after his said appointment; at which time, unless the cause be continued, he shall proceed to hear the parties, and sit from day to day, continuously for that pur- pose. He shall hear the testimony, seal bills of exceptions to the admission and rejection of evidence, make findings of fact and of law, act upon the points or requests that may be presented by counsel, and prepare the form for a final decree. When his findings and decree are ready, he shall give notice to counsel for the respective parties, of a time and place, when and where the same may be examined by them. If no exceptions be filed within ten days after the day fixed for such examination, the referee shall deliver to the prothonotary his findings, the requests of counsel, and the form of decree prepared, who shall file the same, and thereupon the court shall enter the decree prepared by the referee. If exceptions be filed the referee shall hear them within ten days thereafter; and within ten days after such hearing, decide upon the same and file said exceptions, his action thereon, together with his original findings, the requests of counsel, and the form of a decree with the pro- thonotary of the court. At any time within ten days after this is done exceptions may be taken to the action of the referee and filed with the prothonotary. The case shall thereupon be placed upon the equity argument list next to be heard in said court, and the exceptions heard by the court or judge acting as Chancellor in the case, and disposed of; whereupon the proper decree shall be made and entered, subject to the right of appeal to the Supreme or Superior Court, as provided by law. FEES. Rule 70. The fees of referees shall be adjusted upon a statement of the number of days actually occupied with the 606* Rules 70-72 EQUITY RULES. Fees Assessors Trial by Jury. trial and the preparation of the findings and decree. Parts of days on which the parties met and adjourned shall not be included. For days actually spent in trial and dispo- sition of the case a per diem shall be allowed, to be fixed by the court in which the cause is pending, upon considera- tion of the character of the labor actually performed, but in no case to exceed twenty dollars per day. The referee shall state separately the number of days occupied in the trial, and those occupied in preparing the findings and de- cree. For parts of days on which meetings and adjourn- ments have taken place the referee shall be allowed five dollars each, to be paid by the party at whose instance the adjournment may be made, and not otherwise. ASSESSORS. Rule 71. In cases involving complicated accounts or questions requiring the aid of experts, if the parties do not refer, the court may call in the aid of an accountant or other expert, as an assessor. The charges to be allowed for such services shall not exceed the rate per diem com- monly paid by business men for similar services, and shall be taxed as costs in the case, or paid as the court may direct. TRIAL BY JURY. Rule 72. After a case in equity is at issue upon ques- tions of fact, either party may move a rule upon the other party to show cause, on five days' notice, why the issues of fact, or some of them, shall not be tried before a jury. If, on the return of the rule, such trial be awarded, the court shall frame the issues in the form of separate ques- tions. The verdict rendered shall not be general, but shall 607* EQUITY RULES. Rules 72-75 Trial and Argument Lists Interlocutory Orders, Generally. consist of an answer to each question so submitted. These answers, made to inform the conscience of the Chancellor, shall not be binding upon him in any case. TRIAL AND ARGUMENT LISTS. Rule 73. The preparation of trial and argument lists shall be regulated by an order of the several courts, so as to make the practice in regard thereto conform as nearly as may be practicable to the practice in the said courts in actions at law. INTERLOCUTORY ORDERS, GENERALLY. Rule 74. Any law judge in vacation or in term, may at chambers make interlocutory orders, rules, and other pro- ceedings preparatory to the hearing of causes upon their merits, in the same manner and with the same effect as the court in term, reasonable notice of the same being first given to the adverse party or his solicitor, to appear and show cause to the contrary, at such time thereafter as shall be assigned by the judge for the hearing thereof. Rule 75. All motions, rules, orders, and other proceed- ings made and directed at chambers or at the prothono- tary's office, whether special or of course, shall be entered by the prothonotary in his docket, on the day on which they are made and directed, and notice thereof given to the solicitors shall be deemed notice to the parties for whom they appear and whom they represent, in all cases in which personal notice on the parties is not otherwise specially required. The docket shall be kept by the prothonotary at his office, and shall be open at all office hours to the free inspection of the parties in any suit in equity, and their solicitors. All notices shall be in writing. 608* 37b Rules 76-79 EQUITY RULES. Interlocutory Orders, Generally. Rule 76. All motions and applications in the prothono- tary's office for the issuing of mesne and final process (ex- cept process of sequestration and of attachment to enforce and execute decrees) ; for filing bills, answers, demurrers, and other pleadings; for making amendments to bills and answers; for taking bills pro confesso; for filing excep- tions, and for other proceedings which do not require al- lowance or order of the court, or of a judge thereof, shall be deemed motions and applications grantable of course by the prothonotary of the court ; but the same may be sus- pended, altered, or rescinded by any law judge of the court upon cause shown. Rule 77. All motions for rules or orders, and other pro- ceedings which are not grantable of course, or without notice, shall be made on application to the court or a law judge at chambers, and entered in the docket, and shall be heard at such time thereafter as shall be assigned therefor by the court or judge at the time of the making the appli- cation; and if the adverse party or his solicitor, after no- tice thereof, shall not then appear, or shall not show good cause against the same, the motion may be heard by any law judge of the court, ex parte, and granted, as if not ob- jected to, or refused, in his discretion. Rule 78. No order allowing further time shall be made without written notice of the application for such order to the counsel on record of the opposite party; and any order which does not recite such notice, or that the counsel at- tended at the hearing may be disregarded. Rule 79. In the City of Philadelphia all rules or orders as to pleadings which, according to the time prescribed in the foregoing rules, would otherwise expire on any day of the months of July and August, shall be deemed and taken 609* EQUITY RULES. Rules 80-82 Interlocutory Orders, Generally Injunctions. to expire on the same day of the month of September fol- lowing. Rule 80. If, on any interlocutory proceeding, a party shall be ordered to pay the costs thereof, such costs shall be taxed by the prothonotary, and payment thereof may be enforced by attachment and sequestration, or the party to whom the said costs are directed to be paid may, at his option, have a common law writ of execution for the re- covery thereof; and the party against whom such order is made shall not be allowed to take any further steps in the cause until payment of such costs. INJUNCTIONS. Rule 81. Preliminary injunctions may be granted, in accordance with the present practice, on bill and injunc- tion affidavits; but upon the hearing, at the end of five days, or such other time as may be fixed, the evidence must be taken subject to cross-examination, and ex parte affidavits will not be received. Witnesses may be exam- ined orally before the judge, or testimony may be taken on short rule, or, when necessary, testimony may be taken before any person authorized to administer an oath, on notice to the other side to appear and cross-examine. In cases where testimony is taken on notice alone, the certi- ficate of counsel that he had not sufficient time to enter and serve a rule, shall stand in lieu of such formal entry and service. But defendant may move to dissolve at any time without waiting for the expiration of the five days. Rule 82. Cautionary orders in injunction bills shall not be made, nor shall any injunction be allowed except secur- ity be given according to law. But whenever an injunc- tion shall be granted without previous notice to the oppo- 610* Rules 83, 84 EQUITY RULES. Decrees and Final Process. site party, it shall be taken to be dissolved if the motion be not argued within five days after such notice given, un- less otherwise specially ordered by the court or a law judge thereof. DECREES AND FINAL PROCESS. Rule 83. No part of the prior proceedings shall be re- cited or stated at length in any decree or order; but de- crees and orders shall begin in substance as follows : "This cause came on to be heard (or to be further heard, as the case may be) at this term, and was argued by counsel, and upon consideration thereof, it is ordered, adjudged, and decreed as follows, viz:" (Here insert the decree or order.) Rule 84. The decree shall be drawn by the solicitor of the party in whose favor it is, who shall, unless otherwise herein provided, serve a copy thereof on the solicitor of the adverse party, with notice of the time, which shall not be less than three days thereafter, when the same will be submitted to the court; but the court may direct the decree to be entered forthwith, without further notice, upon the same being pronounced, should they think the justice of the case requires it, or when the solicitor of the opposite party is present, and does not object to the form thereof. If the opposite party, where notice is required to be given to him, shall not deem such draft of decree in conformity with the intentions of the court, he may file exceptions thereto before the day of hearing designated in such no- tice, which shall be submitted with the draft of the decree on the day so appointed, and thereupon, the court approv- ing of the draft, or correcting the same in conformity with such exceptions, or otherwise, the prothonotary shall enter 611* EQUITY RULES. Rules 85-88 Decrees and Final Process. it in his docket, and from thenceforth it shall be the act and decree of the court. Rule 85. If the decree or order be merely for the pay- ment of money, the party in whose favor it is made shall be entitled to have a minute thereof (without waiting for the draft of a more formal decree) entered in the docket and placed in the usual form of entering judgments in the judgment index of the common law side of the court. Rule 86. Unless otherwise provided by law or by these rules, or specially ordered by the court, a writ of attach- ment, and if the defendant cannot be found, or it may be otherwise thought proper by the court, a writ of seques- tration or a writ of assistance to enforce a delivery of pos- session, as the case may require, shall be the proper pro- cess to issue for the purpose of compelling obedience to any interlocutory or final order or decree of the court ; but the same shall not be issued, unless upon motion and al- lowance by the court or a law judge thereof. Rule 87. When any decree or order is for the delivery of possession, upon proof made by affidavit of a demand and refusal to obey the decree or order, the party prose- cuting the same shall be at liberty to apply forthwith to the court or to a law judge, for an order for a writ of as- sistance, upon the allowance of which the prothonotary shall immediately issue the same. Rule 88. Final process to execute any decree may, if the decree be solely for the payment of money, be by a writ of execution, in the form used in the same court in suits at common law in actions of assumpsit. If the decree be for the performance of any specific act, as, for example, for the execution of a conveyance of land or delivering up of deeds or other documents, the decree shall prescribe the 612* t Rules 88-91 EQUITY RULES. Decrees and Final Process Rehearing. time within which the act shall be done, of which the de- fendant shall be bound, without further service, to take notice; and upon affidavit of the plaintiff, filed in the pro- thonotary's office, that the same has not been complied with, the court, if sitting, or any law judge during vaca- tion, may direct the issuing of a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged unless upon a full compliance with the decree and the payment of costs, or upon a special order of the court or of a law judge thereof, upon motion and affidavit, enlarging the time for the performance thereof. If the delinquent party cannot be found, a writ of sequestration may, upon motion, be ordered by the court or a law judge thereof, to be issued against his estate upon the return of non est inventus, to compel obedience to the decree. Rule 89. Every person not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause; and every person not being a party to the cause against whom obedience to an order of the court may be enforced, shall be liable to the same process for enforcing obedience to such order, as if he were a party in the cause. Rule 90. Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omission, may be corrected by order of the court or a law judge thereof, upon petition, without the form or expense of a rehearing. REHEARING. Rule 91. Every petition for a rehearing shall contain the special matter or cause on which such rehearing is ap- 613* EQUITY RULES. Rules 91-94 Rehearing General Provisions. plied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party, or by some other person. A rehear- ing may be granted at any time within the discretion of the court; but where the decree has been executed, parties who have acted on the faith of such decree shall not be prejudiced by such decree being reversed or varied. Rule 92. (Abrogated and annulled by order of July 6, 1911, to take effect Sept. 4, 1911.) GENERAL PROVISIONS. Rule 93. The courts may make any other and further rules and regulations for the practice, proceedings and pro- cess, mesne and final, in their respective districts, not in- consistent with the rules hereby prescribed, in their dis- cretion, and from time to time alter and amend the same. Rule 94. In all cases when these rules or those pre- scribed by other courts do not apply, the practice of the courts shall be regulated by the present practice of the high court of chancery in England, so far as the same may reasonably be applied consistently with the local circum- stances and local convenience of the district where the court is held, not as positive rules, but as furnishing just analogies to regulate the practice. 614* EQUITY RULES. Index. INDEX EQUITY RULES [ORIGINALLY PREPARED BY GEORGE J. CAMPBELL, ESQ., PITTSBURGH, PA.] ACCOUNTANT (See Assessor): AFFIDAVITS: (See Demurrer; Depositions; Notice; Publica- tion). Rule. Before Whom, May Be Made 41 On Enforcement of Decrees 88 On Making Amendments 49 On Petition for Rehearing 91 To Be in First Person and Divided into Paragraphs 57 Will Not Be Heard, Ex Parte, on Injunction 81 AGREEMENT: Parties May Agree in Writing to Dismiss Bill 28 Payment of Costs on 28 To Be Entered on Docket 28 AMENDMENTS (Rules 48-53); (See Bill of Revivor; Errors) : After Answer, Demurrer or Replication 35, 49, 51 Answers May Be Amended 43, 52 Must Be Filed Within Time Fixed 50 Notice of, to Be Given 48 Parties 27, 53 Printing, to Pleadings 14 Supplemental Bill 53 When Amendments to Bill May Be Filed 48 ANSWERS (Rules 37-45); (Also see Cross Bills; Exceptions): Amendments to 52 Amendments to, After Replication Filed 52 Case on Answer to Go On Trial List 60 Compelling Answer by Process 29, 44 Decree Pro Conf esso 4, 13, 30 Demurrer 36, 37 Interrogatories 38, 39, 42, 43 How and to What Defendant May 37 How Sworn to 41 Parties Against Whom no Direct Relief is Sought 18 Reply to Matters of Fact Must Be by 31 Rule for Answer 4, 5, 29 Exceptions 42-46 To Amended Bill 51 When No, Is Filed, Order May Be Entered as of Course . . 13 When to Be Filed 6, 29, 38 616* EQUITY RULES. Index. Rule. APPEALS AND ERROR: Appeal Lies Only to Matters Excepted to 67 APPEARANCE (See also Process and Appearance) : Decree Pro Conf esso for Want of an 4, 5, 13 Notice Requiring an ^ On Hearing Interlocutory Proceedings 74 Penalty on Failure to Appear 4 Substituted Parties 53 When Parties Shall Appear 4, 18 ARGUMENT (Also see Argument List) : As to Parties to a Bill 27 Plaintiff May Put Down Case for, After Answer Filed 27 ARGUMENT LIST (See also Equity Argument List) : Cases on Demurrer 33, 60 Exceptions to Go on 66 Form for Putting on Equity Argument List 27 How Made Up 60, 73 In Ex Parte Proceedings 29 ASSESSOR: Compensation to Be Allowed 71 Court to Appoint, as an Expert 71 ATTACHMENT: For Discovery 29 To Enforce Decrees 86-88 To Collect Costs 80 To Compel Answers 38, 44 Plaintiff May Proceed by, When No Appearance Filed .... 13 ATTORNEY (See Solicitor and Counsel) : BILLS (See Amendments; Service) : Allegations as to Capacity of Parties in 19, 20 Dismissing 28 Impertinent Matter 15 Joining New Party to 53 Printing 3, 14 Paper to Be Used in, and Size of, in Printing 14 Paragraphing and Numbering 17 Scandalous Matter in 15 Structure of 15-17 Taken Pro Confesso 4 Time Allowed for Exceptions to 42 What Introduction to, Shall Contain 16 What May Be Omitted in 17 617* EQUITY RULES. Index. Rule. BILL OF REVIVOR: After Service of, Plaintiff May Proceed 53 When Required 53 CHANCELLOR (See Trial Judge). COMBINATION CLAUSE: To Be Omitted 17 COMMISSIONS: Exceptions to Testimony in 55 How Opened, Upon Its Return 55 Pleadings for 1 To Take Testimony 54 COMMONWEALTH: When Party, How Service Is to Be Made 10 CONTEMPT: Plaintiff May Have Process for 29 CONTINUANCE: How Notice Is to Be Given for 78 When, May Be Allowed 61 CORPORATION: Service of Bill on 10 COSTS (See Fees) : Arising Out of Postponements 61 Of Party Against Whom no Direct Relief is Sought 18 On Exceptions 43 Impertinent Matter 15 Must Be Paid Before Bill Is Dismissed 28 Payment of, How Enforced 80, 88 Poverty of Client to Exempt Him from Cost of Printing . . 14 Printing Bill,etc., to Be Allowed as 14 COUNSEL (Also see Solicitors) : Service of Exceptions on 43 To Certify as to Poverty of Client 14 COURT: Application to, for Orders, Rules, etc 77 Can Direct Entry of Final Decree Without Notice 84 Decrees as to Absent Parties 26 Discretion of, in Cases Allowing a Demurrer 35 May Appoint Experts as Assessor 71 May Direct Form of Service in Special Cases 8 May Direct How Assessor's Fees Are to Be Paid 71 May Dismiss Bill if Plaintiff Proceeds 27 May Dispense With Some of the Parties 22 618* EQUITY RULES. Index. COURT Continued : Rule. May Extend Time on Motion 6 May Grant Rehearing on Petition 91 May Hear Exceptions for Impertinence or Scandal 15 May Make Additional Rules Not Inconsistent with Supreme Court's Rules 93 May Make Order as to Costs in Cases of Poverty 14 May Make Order for Service on Non-Resident 11 Petition to, for Guardians, etc 7 Special Orders for Service by Publication 12 To Correct Accidental Errors 90 To Fix Security 7 To Frame Issue for Jury Trial 72 When Demurrer Is Overruled 36 CROSSBILL: By Defendants, Joint and Several, Sureties, etc 25 Form of 40 No, to Be Allowed for Discovery 40 Service of 40 To Be Incorporated in Original 40 DEATH: How to Be Noted 53 DECREES (Rules 83-90) : By Whom Drawn 84 Exceptions to Final Decree 84 How Final, to Be Enforced 88 Filed Nisi : 63 How Made Up 83 On Failing to Appear 4 To Be Without Prejudice When All Parties Are Not In- cluded 21, 22 When Considered Final 68 DECREES NISI: When Are to Be Entered 63 DECREES PRO CONTESSO (Rules 29-36) : For Want of an Answer 13 For Want of an Appearance 13 In Default of Demurrer, etc 29 On Demurrer 36 When Deemed Absolute 30 DEFENDANT: Can Object for Want of Proper Parties 26 Can Put Case on Argument List if Plaintiff Does Not 33 Form of Service on 8 Interrogations to, Not to Be Included in Bill 38 619 * EQUITY RULES. Index. Rule. May Demur to Amended Bill 51 May Except for Impertinent or Scandalous Matter 15 May File Interrogatories to Any Particular Plaintiff 38 Motion by, to Dissolve Injunction 81 Motion of, for More Time to Answer 6 Must Appear and Answer Bill 4 Name of, Must Be Inserted in Notice 4 Need Not Appear Unless Given Notice 18 Non-Resident, Service on 9 Notice of Decree Pro Confesso to 30 Objecting in Answer to Parties 27 Shall Have Rule on Plaintiff to File Replication 46 Suits Against More Than One 25 To Be Ruled by Plaintiff for Demurrer or Answer 29 To Have Notice of Amendment 48 To What Defendant May Make Answer 37 When Arrested on Attachment 29 When Liable for Costs 18 When, May Decline to Answer Interrogatories 39 When, May Demur 31 When, May File Answer Instead of a Plea 37 When Husband and Wife Are 9 When Numerous, Court May Dispense With Some 22 DEFENSES IN LAW: Defendant May Insist on All 37 DEMURRER (Rules 29-36) : Affidavit as to Delay 32 Case on, to Go on Argument List 33 Form of 32 On, Case to Go on Argument List 60 Rule on Defendant for, or Answer 29 Ruling on Demurrer 34 When, Is Allowed 35 When, Is Overruled 36 DEPOSITWNS: Affidavits in 57 As Evidence 54 Exceptions to, Hearing, etc 55 Form of Last Interrogatory 56 How to Be Used at the Trial 54 Order for, Without the State 54 Order to Take 54 To Be in First Person 57 To Be in Paragraphs 57 Who May Enter Order for 54 Who May Take 54 620* EQUITY RULES. Index. Rule. DISCOVERY: Attachment for 29 Cross Bills for, not to Be Allowed 40 DIVORCE: Master in 60 DOCKET (See Judgment Index) : Agreement to Dismiss to Be Entered on 28 Entry of Appearance, Bill, etc., Decrees 13, 84, 85 Entry of Interlocutory Orders, etc 75, 77 ERRORS : By Accident, to Be Corrected by Court 90 Appeal Lies Only to Matters Excepted to 67 EQUITY ARGUMENT LIST (Also see Argument List) : Exceptions to Referee 's Report to Go on 69 Exceptions and Objections to 64 In Injunction Proceedings 81 Order to Take Testimony 54 Taking from List ; Sending to Referee 69 To Be Given in Open Court 60 EQUITY TRIAL LIST: How Prepared -. 60, 73 EXAMINER: Office of, to Take Testimony Abolished, Except Under Sta- tutes 59 EVIDENCE: Depositions as 54 Entry of Final Decree on 84 Interlocutory Applications 58 Order to Take Going Testimony 54 Rules to Be Followed 59 To Be Given in Open Court 58-60 EXCEPTIONS (See Appeals; Depositions) : Filing, to Scandalous or Impertinent Matter 15, 45 Hearing on Exceptions 43, 66 Objections Waived by Failure to File 65 Shall Be Printed 43 To Answers 42, 45 To Decree, Nisi and Final 64, 84 Time for Filing 42 To Depositions 55 To Evidence and Rulings 64 To Report of Referee 69 621* EQUITY RULES. Index. Rule. EXECUTIONS: As to Persons Not Parties 89 Enforcing Decrees 86-88 To Recover Costs 80 EXECUTORS AND ADMINISTRATORS: May Maintain Suits 23 EX-PARTE PROCEEDINGS: For Want of an Appearance, Answer or Demurrer 29 On Rules, Motions, etc 77 FEES: Of Assessor 71 Of Referee 70 FINAL PROCESS (Rules 83-90) : FORMA PAUPERIS: Printed Pleadings Dispensed with 14 FORMS: For Final Decree 83 Of Demurrer 32 Of Introduction to Bill 16 Of Last Interrogatory 56 Of Service on Defendant 4 Of Subpoena on Non-Resident 11 GENERAL PROVISIONS: High Court of Chancery in England to Be Followed 94 In Equity Practice 1, 2, 93 GOING WITNESSES: Depositions of 54 GUARDIANS: Ad Litem 7 May Be Appointed by the Court 7 May Sue by Prochein Ami 7 HUSBAND AND WIFE: Each to Be Served 9 IMPERTINENCE: Exceptions to Bill for 15, 45 INFANTS: May Sue by Prochein Ami 7 Service on, by Order of Court 19 Specially Stated in Bills 19 INFIRM WITNESSES: Depositions of 54 622* EQUITY RULES. Index. Rule. INJUNCTIONS (Rules 81, 82) : Granting Preliminary 81 Granting an, Without Notice 82 Hearing for an 58 How, May Be Granted 81 Motion to Dissolve 81, 82 No Cautionary Order to Be Made in, Without Security .... 82 When Bill for, Need Not Be Printed 14 When Unprinted Bills for, Are to Be Withdrawn 14 INTERLOCUTORY MOTIONS, ETC. (Rules 74-80) : At Chambers 77 Entering as of Course 76 Granting, and Rules 74 Philadelphia, Vacation in 79 Time, Extension of 78 INTERROGATORIES: For Taking Depositions 54 Insufficiency of Answers to 39 May Be Tiled Instead of a Cross Bill 40 May Be Filed Separately 38 Particular, When More Than One Plaintiff or Defendant .... 38 Specific, Not to Be Included in Bill 38 Time Allowed for Exceptions to 42 To Be Part of Pleadings 38 To Plaintiff by Defendant 38 When Cross-, May Be Filed 54 When, May Be Filed 38 When, Need Not Be Answered 39 INTRODUCTION: Form of, in Bills 16 JUDGMENT INDEX: When Entry Is to Be Made on, in Common Pleas 85 JUDGES (Also see Court) : May Grant Interlocutory Order, etc., in Vacation 74 LETTERS ROGATORY: To Take Testimony 59 MASTER IN CHANCERY: Abolished Except in Divorce or Interlocutory Orders 60 MESNE AND FINAL PROCESS: Pleadings for 1, 93 MOTIONS (See Interlocutory Motions) : Prothonotary to Enter as of Course 76, 77 623* EQUITY RULES. Index. Rule. NEWSPAPERS: Publication in 12 NON-RESIDENTS: Service on 9, 11, 12 NOTICE: Affidavit as to Notice to Appear 13 As to Pemurrer on Argument List 33 Every, to Be in Writing 75 Of Hearing on Exceptions to Depositions 55 On Return of a Commission 55 To Adverse Party 13 To Adverse Party for Depositions 54 To File Interrogatories by Special 38 What Notice May Include 5 ORDER OF COURT: Cautionary, in Injunction 82 Necessary to Amend an Answer After Replication Filed . . 52 Necessary to Amend Before Replication Filed 49 Special, for Parties Without the Jurisdiction 20 PARTIES (Rules 18-28) ; (See Defendants; Plaintiffs) : Absent Parties 26 After Final Decree Executed, Not to Be Prejudiced by Re- hearing "... 91 Either Party May Ask for Jury Trial 72 Heir at Law in Trusts 24 If Non Sui Juris, Fact Must Be Stated 19 Liability and Rights of Parties Not Connected with Cause . 89 May Agree to Dismiss 28 May Appear at Option 18 Objecting to Improper 26 Proceeding When, Are Without the Jurisdiction 21 Suits Against Principals and Sureties 25 When, Are Very Numerous, Some May Be Omitted 22 Where Jointly Liable 25 Where Several, Are Defendants 25 Without the Jurisdiction 20, 21 When, Need or Need Not Appear 18 PARTIES NON SUI JURIS: Court May Appoint Guardians for 7 Petitions of 7 Service on 19 PERSONAL REPRESENTATIVE: How Fact of Death Is to Be Noted ' 53 624* 37c EQUITY RULES. Index. Rule. PETITION (See Motions). PHILADELPHIA: Vacations in 79 PLAINTIFF: Defendant Must Give Notice to 6 Entitled to Attachment for Discovery 29 Entitled to Rule on Defendant to File Demurrer or Answer 29 In Suits Against Several Parties 25 In Suits Against Sureties or Principals 25 Leave to Amend Bill on Motion 47 Liable for Costs When Bill Contains Impertinent Matter . . 15 May Be Ruled to File Replication 46 May Proceed by Attachment When No Appearance Filed . . 13 May Have Process for Contempt 29 May Make Heir at Law a Party in Trusts in a Will 24 May Put Case on Argument List on Demurrer 33 May Proceed Ex Parte 29 Must Give Notice to Require Appearance 18 Must Make Motion to Amend When Demurrer Is Allowed . 35 Not in Court Until Bill Filed 4 Scandalous Matter May Be Expunged at Cost of 15 What Rule to Appear May Include 5 When Very Numerous, Court May Dispense With Some .... 22 When Defendant Objects to Parties in Bill 27 When, May Decline to Answer Interrogatories 39 When Defendant May File Answer Instead of a Plea 37 PLEA: Defendant May Enter 37 PLEADINGS (Also see Bills; 'Amendments; Answers; Cross- Bills; Decrees; Demurrers). Amendments to, How Printed 14 General Rules as to 14 In Cases of Poverty 14 Number of Copies of 14 Only Necessary Part of Writings to Be Printed 15 When, Mnst Be Printed 14 POSSESSION (See Writ of Assistance) : PRINTING: Provisions as to 3, 14, 43 PRO CONFESSO: Decrees 13, 29, 30. 36 625* EQUITY RULES. Index. Rule. PROCESS AND APPEARANCE (Rules 3-13) : When Suit Shall Be Deemed Pending 3 PROCHEIN AMI: Guardians May Sue by 7 PROTHONOTARY: Duties of 2 Entering Appearances 13 Entering Final Decree 65 How, Can Enforce Payment of Costs 80 May Enter Order to Take Going Testimony as of Course . . 54 May Open a Commission on Its Return 55 Shall Endorse Time of Filing Bill, etc 3 To Enter Proceedings on Docket 13, 75 Shall Enter Rule for Answer or Demurrer 29 To Enter Notice on Docket 13 To Endorse Praecipes 13 To Notify Parties on Return of a Commission 55 To Tax All Costs 80 When, Can Permit Unprinted Pleadings to Be Filed 14 When, Can Enter Final Decree, as of Course 65 PUBLICATION: Service by 12 REAL ESTATE: Trial of Cases Involving 60 Suits Involving 23 RECEIVER: Hearing for Appointment of a 58 RECORD (See Decrees; Prothonotary ; Bill, etc.): Requests and Answers to Be Part of 62 REFEREE: Can Dismiss Case Without Hearing Defendant 68 Duties and Powers of 69 Fees of 70 How Fees of, Are to Be Computed 70 To Conduct Hearing 60 To Notify Counsel 69 REHEARING: After Final Decree Has Been Executed 91 Petition for 91 When Petition for Shall Be Verified 91 REMEDY AT LAW. Averment to be Omitted 17 626* EQUITY RULES. Index. Rule. REPLICATIONS (Rules 46, 47) : Form of 46 No Special, to Be Filed 47 Pending Answers to Interrogatories 39 Time Allowed for Filing 46 When General, Is to Be Filed 46 REVIVOR (See Bill of Revivor). RULES: As to Philadelphia County 79 As to Cost of Printing 14 For Demurrer or Answer 29 High Court of Chancery in England Followed 94 How Entered for Taking Testimony 54, 59 Making New Rules 93 Short Rule for Testimony on Injunction 81 What Plaintiff May Include in, to Appear 5 SCANDAL: May Be Expunged From the Record 15, 45 SECURITY: For Cautionary Orders 82 In Suits by Guardians 7 SEQUESTRATION: Writ of, When Party Cannot Be Found 88 When Writ of, to Issue 86 Writ of, to Collect Costs 80 SERVICE: At Dwelling House 8 By Publication 12 Form of, on Defendant 4 Of Cross Bills 40 Of Exceptions to Pleadings on Counsel 43 Of Interrogations on Counsel 38 On Commonwealth as Party to Suit 10 On Corporation as Defendant 10 On Non-Resident by Order of Court 11 On Non-Resident Defendant 9, 12 On Husband and Wife 9 Time for Serving Final Decree 84 SOLICITOR: Entitled to Ten Copies of Pleadings 14 Filing Praecipe for Appearance 13 Must Give Name and Place of Business 4 Of Successful Party to Draw Final Decree 84 627* EQUITY RULES. Index. Rule. Time Limit for Serving Final Decree 84 To Serve Copy of Final Decree 84 SUBPOENA: Form of, on Non-Resident 11 SUPERIOR COURT: What, Will Hear on Appeal 67 SUPREME COURT: What, Will Hear on Appeal 67 SUPPLEMENTAL BILL: How Made 53 SURETIES: Suits Against 25 TIME: To Appear and Answer 4, 5 Extension of 6 TESTIMONY (Also see Evidence) : Rules to Be Followed in Taking 59 TRIAL (Rules 58-68) : Use of Depositions at 54 To Be Before Judge or Referee 60 TRIAL BY JURY: Court to Frame Issue for 72 Either Party May Move for Rule for 72 TRIAL JUDGE (Also see Court) : Can Dismiss Case Without Hearing Defendant 68 Conduct of Case at Trial 60 May Open Commission 55 To Act on Requests for Findings of Fact or Law 62 To Sit as Chancellor 60 TRIAL LIST: How Made Up 73 How Cases on, Are to Be Heard 60 TRUSTS: Suits Involving, in Real Estate 23 Suits Involving, in Will 24 TRUSTEES : Real Estate Vested in 23 May Represent Persons Beneficially Interested in Real Es- tate 23 628* EQUITY RULES. Index. Rule. VERDICT: How Returned in Jury Trial 72 Not Binding on Chancellor 72 WILLS: Establishing, Against Heirs 24 Trust in, Parties to a Suit 23, 24 WITNESSES: On Appointment of a Receiver 58 In Injunction Proceedings 81 On Application for an Injunction 58 Testimony of Ancient, Infirm or Going, De Bene Esse 54 When Produced in Open Court 58 WRIT OF SEQUESTRATION (See Sequestration) : WRITINGS: How to Be Printed in Bills 15 WRIT OF ASSISTANCE: Court to Grant 87 When, May Issue 86 TABLE OF CONSTITUTIONAL PROVISIONS. TABLE OF STATUTES. TABLE OF CONSTITUTIONAL PROVISIONS. Art. 3, 7 1 (C). 13 6,n. (2). Art. 4, 8 4 17 3 (C). Art. 5, 1 1. 2 2 (A); 3 (A). 3 34; 35 (A) ; 36 (A) ; 37; 38 (A) ; 39; 42 (A). 16 2 (B) . 18 6 (A). 19 5. 21 35 (B). 24 46 (A) ; 46 (B) ; 103. 25 4. 26 1 (B) ; 48 (E). 27 98 (A) . Art. 8 2 (A) ; 12 (A). Art. 16, 8 48 (A). TABLE OF STATUTES. 1722. May 22, 1 Sm. L. 131. 9 43; 46, n. (7) (a). 13 ..11 (A), (C); 11, n. (3) (e) ; 42 (B), (D) ; 42, n. (1) (e). 1750. Jan. 27, Sm. L. 203. 2 65 1783. Dec. 9, Sm. L. 86. 3 92. 1799. Feb. 9, 3 Sm. L. 89. 182, n. (2) (y). Mar. 20, 3 Sm. L. 358. 14 238 (A). 1804. Apr. 2, P. L. 375. 48, n. (1) (m). 583 TABLE OF STATUTES. 1806. Feb. 24, 4 Sm. L. 270. 25 147 Mar. 21, 4 Sm. L. 32. 6 228, n. (24) (g). 1807. Dec. 4, 4 Sm. L. 479. 48, n. (1) (q). 1810. Mar. 20, 5 Sm. L. 131. 48, n. (1) (b). 1812. Mar. 31, 5 Sm. L. 393. 48, n. (1) (i). 1815 ' Mar. 13, P. L. 150. 13 48, n. (1) (n). 1817. Feb. 26, 6 Sm. L. 405. 48,n.(l) (o). 1821. Feb. 22, 7 Sm. L. 370. 4 8,n. (3). 1827. Apr. 16, P. L. 471. 48, n. (1) (r2). 1830. Apr. 3, P. L. 187. 161, n. (4) (a). 1832 ' March 29, P. L. 190. 44, n. (2) 39 45. May 5, P. L. 501. 43, n. (3) (b);44, n. (6) (v). 1834. Feb. 24, P. L. 77. 26 235. Apr. 14, P. L. 333. 48, n. (1) (t2). 2 2 (C). 4 7 (A). 7 7,n. (2). 8 11 (G). 9 8 (A) 15 7(B). 37 228, n. (24) (wS). 56 48, n. (1) (c). 120 228, n. (13) (i). 164 8, n. (4) 584 TABLE OF STATUTES. 1835. Mar. 28, P. L. 88. 5 88 (A). Apr. 14, P. L. 276. 4 229 (A). 1836. June 13, P. L. 539. 48, n. (1) (12). June 13, P. L. 541. 48, n. (1) (k). June 13, P. L. 568. 75 68. June 13, P. L. 592. 12 48, n. (1) (f2). June 13, P. L. 606. 43 48, n. (1) (r);62. June 14, P. L. 621. 15 89. June 14, P. L. 628. 15 48, n. (1) (a2). 36 99. June 16, P. L. 317. 3 51 TA). June 16, P. L. 683. 2 229 (HJ. June 16, P. L. 717 182, n. (2) (i). June 16, P. L. 729 43, n. (6) (e2). June 16, P. L. 755. 87 66 (D). 88 66 (C). 89 66 (B). June 16, P. L. 785. 1 42 (B), (D); 102. 3 11 (B) 4 11 (B). 7 42 (C). 20 11 (C); 42 (D). 22 11 (E). 1839. July 2, P. L. 554. 48, n. (1) (x). July 2, P. L. 566. 48, n. (1) (x). 1840. June 13, P. L. 689. 9 49 (B); 51 (B). 585 TABLE OF STATUTES. 1842. Apr. 15, P. L. 230. 15 84 (A). July 12, P. L. 339. 2 182, n. (4) (i). July 30, P. L. 454. 25,26 48, n. (1) (p2). 1845. Mar. 17, P. L. 158. 1 44, n. (2). Apr. 11, P. L. 374. 2 9, n. (6). 1846. Apr. 20, P. L. 411. 43, n. (5) (o). 2 66 (C). 1847. March 15, P. L. 361. 1 168, n. (3) (b). 1848. April 10, P. L. 450. 8 45, n. (2) (b); 66, n. (1) (a). 1849. Apr. 10, P. L. 619. 7 66, n. (1) (a). 1850. Mar. 22, P. L. 230. 2 47 Apr. 25, P. L. 573. 25 49 (C). 1851 * Apr. 15, P. L. 648. 3 2, n. (1). 18 43, n. (10) (c). 19 43, n. (10) (d). 1852. Apr. 8, P. L. 291. 1 36 (B). 1853. Apr. 18, P. L. 503. 8 91 (A). Apr. 26, P. L. 309 232, n. (1) (f). 1855. Apr. 26, P. L. 305. 1 7 (C). 2 7 (D). 6 43, n. (10) (d). Apr. 26, P. L. 321. 48, n. (1) (b2). 586 TABLE OF STATUTES. May 26, P. L. 264. 12 8, n. (4). 1856. Apr. 9, P. L. 288. 3 90. Apr. 15, P. L. 337. 1 147. Apr. 22, P. L. 525. 1 56, n. (3) (b). Nov. 6, P. L. 795. 7 46, n. (7) (b). 1857 ' Feb. 14, P. L. 39. 1 44 (A). 1858 ' March 10, P. L. 91. 7 66, n. (1) (a). June 21, P. L. 419. 146, n. (1) (d). 1860. Mar. 31, P. L. 427. 33 46 (A). 57 46 (B). 60 46, n. (6). 57 151. 58 149. 1861. Apr. 18, P. L. 409. 48, n. (1) (z). 1863. Apr. 14, P. L. 374. 1 87. Apr. 22, P. L. 554. 1 88 (B). 1864. Mar. 25, P. L. 537. 14 48, n. (1) (c). Mar. 31, P. L. 162. 48, n. (1) '(h2). 1866. Feb. 14, P. L. 28. 1 44 (B); 71 (A). 1867. Apr. 2, P. L. 711. 2 55. Apr. 10, P. L. 1123. 2 62 (E). Apr. 13, P. L. 78. 43, n. (3) (p2) 48, n. (1) (1). 587 TABLE OF STATUTES. 1868. Mar. 3, P. L. 46. 1 9,n. (4). Mar. 16, P. L. 46. 228, n. (18) (p);n. (29) (r). 1 85. 1869. Feb. 12, P. L. 3. 1 67 (A). March 17, P. L. 8. . .43, n. (3) (q) ; 161, n. (3) (m) ; 182, n. (3) (h). 1870. Feb. 15, P. L. 15. 1 46 (B). 2 46 C; 230. Feb. 26, P. L. 256. 1 84 (B). Apr. 1, P. L. 45. 1 59 (B) Apr. 6, P. L. 948. 43, n. (9) (p). 1871. May 5, P. L. 251. 2 7 (B). May 11, P. L. 266. 1 9,n. (6). June 19, P. L. 1360. 104, n. (1) (c). June 22, P. L. 1363. 1872 . 48, n. (1) (,2). Apr. 3, P. L. 35. 59 (C). 1874. Apr. 18, P. L. 64. 1 50 (A). 2 50 (B). Apr. 22, P. L. 109. 228, n. (18) . 1 98 (A). 2 98 (B). 3 98 (A). Apr. 29, P. L. 104. 41 59 (A) ; 100 (A). Apr. 30, P. L. 118. 2,n. (3). May 8, P. L. 122. 76, n. (2) (a). May 14, P. L. 166. 228, n. (18) (u). 588 TABLE OF STATUTES. May 19, P. L. 208. 2, n. (6). May 19, P. L. 219. P 46 (D); 151. May 19, P. L. 406. 48, n.(l) (v). May 19, P. L. 211. 48, n. (1) (y). May 25, P. L. 227. 242, n. (1). June 13, P. L. 283. 97, n. (2). 2 48 (A). 1875. Mar. 11, P. L. 6. 1 82. Apr. 12, P. L. 42 48, n. (1) (02). 1876. Apr. 17, P. L. 38. 48, n. (1) (e), (k2). May 1, P. L. 66. 52 73. May 5, P. L. 115. 1 7(C). May 8, P. L. 131. 228, n. (24) (v3). June 14, P. L. 628. 7 48, n. (1) (12). 1877. Mar. 24, P. L. 38. 1 148. 2 148. Apr. 4, P. L. 53. 74, n. (1) (s). 1 74, n. (1) (d). 1878. May 24, P. L. 129. 1 48 (A); 56 (G). June 12, P. L. 204. 48, n. (1) (w). June 12, P. L. 201. 1 9(A);9,n. (1). 5 10 (A). 6 9, n. (2). 7 10 (B). 8 10 (C). 9 10 (D). 11 10 (E). 589 TABLE OF STATUTES. June 12, P. L. 204. 1 63 (B);64(C). 4 63 (D). June 12, P. L. 208. 1 54 (A). 1879. May 19, P. L. 66 53; 239, n. (2) (v). June 11, P. L. 150. 48, n. (1) (d). June 12, P. L. 177. 1 44 (B); 71 (B). 1881. June 10, P. L. 112. 3 69. 1883. May 8, P. L. 30. 39 76 (B). June 1, P. L. 58 1 60 (A). June 2, P. L. 61. 3 86 (A). June 5, P. L. 84. 3 95. June 13, P. L. 93. 3 86 (B). June 20, P. L. 136. 1 129. 1885 May 29, P. L. 34. 12 81 (B). June 24, P. L. 152. 1 48,n.(l) (t). 1887. May 6, P. L. 79. 12 57. May 6, P. L. 87. 1 80 (H). May 12, P. L. 96. 48, n. (1) (g); 288, n. (24) (x3). May 19, P. L. 127. 1 9 (B), (C). May 24, P. L. 199. 147, n. (4) (c). June 2, P. L. 308. 6, 8 100 (B), (C). 1888. Apr. 10, P. L. 450. 48 67 (B). 590 TABLE OF STATUTES. 1889. Mar. 8, P. L. 10. 48, n. (1) (u). Mar. 28, P. L. 22. 1 9 (D). 2 9, n. (2). Apr. 4, P. L. 25. 48, n. (1) (i). Apr. 25, P. L. 50. 1 58 (C);80 (I). May 2, P. L. 66. 9 64 (A). 22 64 1C). May 2, P. L. 77. 9 64 (B). May 4, P. L. 81. 1 93. May 9, P. L. 158. 42, n. (3) 1 32, n. (2) (z) ; n. (3) ; 48 (C) ; 130; 182. 2 131. 3 127. May 9, P. L. 174. 1 56 (A). May 16, P. L. 228. 52 80 (J). May 23, P. L. 316. 6, Art. 14 80 (K). 1891. Apr. 15, P. L. 17. 1 56 (H). May 15, P. L. 71. 1 80, n. (3) (b). 1891. May 16, P. L. 70. 7 78, n. (3). May 16, P. L. 71. 43, n. (3) (c2). 44, n. (6) (v). May 16, P. L. 76. 48, n. (1) (v2);56,n. (6) (a). 6 56, n. (5) (a). May 20, P. L. 90. 1 56 (D). May 20, P. L. 101. 1 61, n. (2) (d) ; 74; 78, n. (2). 2 228 (A). June 11, P. L. 295. 1 48, n. (1) (p);61. 591 TABLE OF STATUTES. 1893. May 26, P. L. 154. 4 80 (B), (C). June 6, P. L. 342. 3 58 (A). June 8, P. L. 345. 29 77. 30 77 31 77. 32 38 (B) ; 77. 33 38 (C) ; 77. June 10, P. L. 415. 48, n. (1) (v) ; 228, n. (27) (i). 2 59(C);91(B). 1895. May 21, P. L. 93. 43, n. (2) (v). June 8, P. L. 188. 4 80 D. June 24, P. L. 212. 1 12 (A) ; 12 (C) ; 14 ; 40. 2 12 (D) ; 13 (A) ; 13 (B). 3 15, n. (n) (3); 16; 17 (B) ; 228 (A). 4 17 (A). 5 16; 19. 6 18. 7 ... .46 (E) ; 102; 103: 108; 109; 112; Jgl; ' ~-- > ^122 8 228 (B); 234; 243. 9 120 (A), (B); 123; 228 (A); 243. 10 124; 125. 12 33 (A). 14 116. June 24, P. L. 243. 1 49 (A). June 25, P. L. 301. 9 101. June 26, P. L. 382. 2 59, n. (4). 1897. May 11, P. L. 53. 1 81 (A). May 19, P. L. 67. 1 t 132. 2 140; 143. 3 134 (A) ; 139. 4 .46, n. (9) (c); 80, n. (3) (a); 126; 128; 167. 592 TABLE OF STATUTES. 5 134 (B) ; 163. 7 164; 170. 9 173. 10 174. 11 175. 12 179. 13 176. 14 177. 15 168. 16 171; 178. 18 137; 142; 146; 241. 19 141; 165. 20 244. 21 239; 242. 22 44, n. (2); 168, n. (3). May 26, P. L. 95. 43, n. (5) (f). 10 66 (A). June 4, P. L. 116. 1 80, n. (3) (b). June 14, P. L. 149. 5 70. June 15, P. L. 154. 1 75. June 15, P. L. 162. 1 76 (A). July 9, P. L. 223. 48, n. (1) (v). 1899. Apr. 18, P. L. 60. 1 80, n. (3 1 ) (c). Apr. 28, P. L. 74. 6 100 (D). 7 56 (K);80 (F). 8 100 (E). Apr. 28, P. L. 100. 1 56, n. (5) (a). May 2, P. L. 184. 48, n. (1) (J2); 182, n. (4) (w2). May 5, P. L. 248. 1 104; 110. 2 105; 111. 3 41. 4 117 (A) ; 117 (D). 5 106. 6 107. 7 113; 114. 9 15, n. (3). 10 119. 11 115. 593 38 TABLE OF STATUTES. 1901. May 11, P. L. 169. 4 ............................. 56(C);58(B). 54 (B). June 1, P. 1356. June 4, P. L. 364. 40 ................... 78 (A) ; 56 (L) ; 80 (A). 42 ............................. 56, n. (5) (b). June 4, P. L. 404. 39 ........................................ 72. June 4, P. L. 431. 59 ........................................ 77. June 7, P. L. 510. 5 ..................................... 97 (A). June 10, P. L. 555. 5 ............................. 56 (B);56 (J). June 17, P. L. 668. 2 .................................... 56 (H). June 26, P. L. 601. 1 ......................................... 94- July 17, P. L. 668. 2 ............................ 97 (B); 80 (A). 1903. Mar. 26, P. L. 63. 5 .................................... 80 (E). Apr. 2, P. L. 124. 2 ...................................... 56(1). 6 ..................................... 80 (A). Apr. 14, P. L. 175. 1 ......................... 6,n. (l);n. (2), (3). 2 ..................................... 15 (A). 1905. Mar. 14, P. L. 39. 1 .................................. 15, n. (3). Apr. 17, P. L. 185. 1 ............................... 15(B),n. (3). 4 .................................... 80 (G). Apr. 18, P. L. 198. 3 .................................... 118 (A). 4 .......................... 118 (B), (C), (D). Apr. 22, P. L. 286. 1 ..................................... 88 (C). Apr. 24, P. L. 306. 1 ...................................... 8 (B). Mav 4. P. L. 384. 1 .................................... 8,n.(2). 594 TABLE OF STATUTES. 1906. Mar. 5, P. L. 78. 10 48, n. (1) (w);63 (A). 1907. Mar. 14, P. L. 15. 1 80, n. (3) (d). Mar. 22, P. L. 3L 240, n. (1) (b). Apr. 13, P. L. 83. 240, n. (IJ (a). Apr. 15, P. L. 83. 7 56 L; 79 (B). May 1, P. L. 135. 3 152; 153. 4 155. 5 155. 7 157; 158; 159 (C). 8 159. 9 160. May 1, P. L. 142. 1 134 (C). May 28, P. L. 283. 1 172. June 1, P. L. 378. 6 80 (L). June 7, P. L. 440. 1-3 44 (C);184(A). June 7, P. L. 440. 2,3 228 (C);239,n. (3) (f). 1909. Mar. 24, P. L. 67. 6 96 (A). Mar. 24, P. L. 69. 6 96 (A). Mar. 24, P. L. 73. 6 96 (B). Apr.l;P. L. 79. 5 56 (E). Apr. 22, P. L. 103. 1 169; 238 (B). Apr. 27, P. L. 264, 1 240. May 3, P. L. 388. 2 52. May 3, P. L. 401. 10 56 (F) ; 97 (C). May 6, P. L. 433. 2 18. 6 9,n. (2). 595 TABLE OF STATUTES. May 8, P. L. 475. 1 33 (A). 2 33, n. (3). May 11, P. L. 506. 9 60 (B). 1911. Apr. 20, P. L. 70. 1 88 (D). Apr. 21, P. L. 81. 8, n.T2). May 5, P. L. 161. 1 ....153; 159 (B). May 11, P. L. 279. 1_2 162. 3 154. 4 155; page 162, Ap. 5 156. 6 162; page 519, Ap. June 3, P. L. 627. 1 239 (B). June 9, P. L. 865. 4 54 (B). June 13, P. L. 889. 1 104 (B) ; 105 (B). June 19, P. L. 1071. 1 51 (C). June 23, P. L. 1121. 1 6,n. (4). 596 TABLE OF CASES. Abi-All TABLE OF CASES. Abington Dairy Co. v. Reynolds, 24 Pa. Super. 632 228, n. (20) (a), (j). Abraham v. Mitchell, 112 Pa. 230 228, n. (23) (h). Academy of Fine Arts v. Power, 14 Pa. 442 132, n. (1) (b). Acklin v. Oil Co., 201 Pa. 257 187, n. (1) (b) ; 228, n. (26) (b). Act of May 9, 1889, Construction of, 25 W. N. C. 361 42, n. (3). Adams v. Adams, 1 W. N. C. 279 82, n. (1) (b). Adams Twp. Road, 130 Pa. 190 126, n. (4) (o). Adams v. Berge, 30 Pa. Super. 422 110, n. (2) (a). Adams v. Mortland, 13 W. N. C. 221 163, n. (3) (c). Adams v. Trac. Co., 41 Pa. Super. 403 228, n. (20) (i). Adamson's Ap., 110 Pa. 459 43, n. (7) (d); 228, n. (11) (a). Adrian v. Fink, 226 Pa. 448 44, n. (8). Aetna Ins. Co. v. Confer., 158 Pa. 598 50, n. (4) (a). African M. E. Union Church, 28 Pa. Super. 193 182, n. (4) (s2) ; 228, n. (24) (w2). Agnew's Ap., 3 Walk. 320 43, n. (9) (k). Ahl's Est., 15 Pa. Super. 224 43, n. (6) (x). Ahl v. Goodhart, 161 Pa. 455 190, n. (14) (c), (15) (a). Aiken v. Stewart, 63 Pa. 30 161, n. (5) (p) ; 187, n. (1) (a) ; 190, n. (13) (a); 228, n. (17) (d), (24) (a2). Ake's Appeal, 21 Pa. 320 228, n. (18) (k). Albright v. Albright, 228 Pa. 562 228, n. (3) (k). Albright v. Coal Co., 203 Pa. 65 82, n. (2) (a). Alcorn v. Phila., 112 Pa. 494 228, n. (23) (c). Alden v. Grove, 18 Pa. 377 228, n. (27) (f). Alexander v. Bank, 1 Pa. 395 190, n. (12) (c), (13) (e). Alexander v. Com., 105 Pa. 1 151, n. (1) (d), (2) (c) ; 228, n. (20) (a), (24) ( P 2). Alexander v. Buckwalter, 17 Pa. Super. 128 228, n. (19) (q). Alexander v. Goldstein, 13 Pa. Super. 578 110, n. (2) (a). Alfonso's Case, 11 Pa. Super. 565 146, n. (2) (h) ; 228, n. (24) (t3). Allbright v. McGinnis, 4 Yeates 517 244, n. (1) (d). Allegheny City Road, 1 Pitts. 67 228, n. (24) (d3). Allegheny City v. Nelson, 25 Pa. 332 190, n. (2) (a)- Allegheny City v. McCaffrey, 131 Pa. 137 146, n. (1) (b). Allegheny Bank's Ap., 48 Pa. 328 43, n. (6) (i). Allegheny L. & T. Co. v. Grendling, 33 Pa. Super. 621 110, n. (2) (a). Allegheny v Nelson, 25 Pa. 332 228, n. (17) (d). Allegheny R. R. v. Steele, 11 W. N. C. 113 228, n. (20) (e) ; n. (22) (e). 597 All-Ast TABLE OF CASES. Allen's Appeal, 99 Pa. 196 228, n. (24) (e2). Allen's Est., 20 Pa. Super. 32 45, n. (3) (g). Allen v. Kellam, 94 Pa. 253 163, n. (1) (c), n. (3) (i). Allen v. Maclellan, 12 Pa. 328 61, n. (2) (e). Allen v. Oxnard, 152 Pa. 621 186, n. (2). Allen v. Eostain, 11 S. & R. 362 183, n. (4) (h) ; 228, n. (25) (v). Allentown Road, 5 Whar. 442 228, n. (12) (g). Allentown v. Ackerman, 37 Pa. Super. 363 187, n. (2) (a) ; 190, n. (13) (a). Altoona v. Irwin, 3 Penny. 115 43, n. (9) (j). Altoona v. Lotz, 114 Pa. 238 228, n. (22) (f2). American Car Co. v. R. R., 218 Pa. 519 155, n. (1) (b) ; 187, n. (1) (g);189, n. (2) (a) ; 198, n. (2) (a). American Life Ins. Co. v. Isett, 74 Pa. 176 228, n. (19) (a). American Soda Water Co. v. Tagg, 46 Pa. Super. 123 43, n. (3) (g3);74, n. (1) (b), (c). American Steamship Co. v. Landreth, 108 Pa. 264 228, n. (6) (1). American Steel Co. v. Hotel Co., 226 Pa. 461 228, n (24) (b). American Sunday Sch. Union v. Phila., 161 Pa. 307 146, n. (2) (q). American Tel. Co. v. Lennig, 139 Pa. 443 228, n. (23) (h). Anderson v. Long, 10 S. & R. 55 183, n. (2) (r), n. (5) (e) ; 228, n. (15) (i). Anderson v. McMichael, 6 Pa. Super. 114 43, n. (3) (1). Anderson v. Oliver, 138 Pa. 156 82, n. (2) (a). Andrews v. Andrews, 5 S. & R. 374 48, n. (1) (n) ; 61, n. (2) (b) ; 182, n. (3) (d); 228, n. (18) (b). Andrews v Coal Co., 202 Pa. 639 228, n. (18) (j2). Angier v. Eaton, 98 Pa. 594 228, n. (23) (c). Angier v. Eaton, 11 W. N. C. 146 228, n. (23) (e), (f). Ankermiller v. O'Bryne, 2 Mona. 766 242, n. (1) (c). Anspach v. Christman, 44 Pa. Super. 99 187, n. (1) (g). Anville Twp. Overseers v. Smith, 2 S. & R. 363 11, n. (3) (a) ; 42, n. (1) (a); 48, n. (2) (c). Applegate v. Cohn, 1 Pa. Super. 344 146, n. (2) (g). Arbuckle v. Thompson, 37 Pa. 170 228, n. (22) (a). Ardesco Oil Co. v. Gilson, 63 Pa. 146 228, n. (24) (e2). Armstrong's Appeal, 68 Pa. 409 183, n. (2) (a) ; 185, n. (2) (a). Armstrong's Est., 6 Watts 236 222, n. (1) (g). Armstrong v. Espy, 220 Pa. 48 44, n. (6) (f ). Armstrong v. Hussey, 12 S. & R. 315 228, n. (20) (e). Arnold v. Blabon, 147 Pa. 372 187, n. (1) (b). Arnold v. Car Co., 212 Pa. 303 198, n. (3) (b). Arnold v. Ins. Co., 22 Pa. Super. 575 228, n. (23) (k). Arnold v. Plow Co., 212 Pa. 303 44, n. (6) (g) ; 183, n. (2) (f). Arnold v. Stoner, 18 Pa. Super. 537 50, n. (4) (a). Arthurs v. Swathers, 38 Pa. 40 183, n. (5) (a) ; 186, n. (1) (a). Ashton v. Sproule, 35 Pa. 492 161, n. (4) (g) ; 228, n. (11) (a). Aspell v. Smith, 134 Pa. 59 186, n. (1) (a) ; 228, n. (25) (g). Assistance B. & L. Asso. v. Wampole, 6 Pa. Super. 238 50, n. (4) (a). Astwood v. Wanamaker, 209 Pa. 103 117, n. (2) (s). 598 TABLE OF CASES. Atc-Bar Atchison v. McCulloch, 5 Watts 13 228, n. (11) (h). Athens Boro. v. Carmer, 169 Pa. 426 228, n. (20) (h). Atkins v. Grist, 44 Pa. Super. 310 228, n. (24) (z3). Atkinson v. Crossland, 4 Watts 450 239, n. (1) (f). Auburn Bolt Works v. Shultz, 143 Pa. 256 228, n. (22) (o), (v2). - Augerstein v. Jones, 139 Pa. 183 187, n. (1) (b) ; n. (4) (a). Augustine v. Wolf, 215 Pa. 558 74, n. (1) (s) ; 228, n. (24) (z3). Axtell's Ap., 43 L. I. 476 43, n. (6) (y). Axtell v. Caldwell, 24 Pa. 88 228, n. (20) (n2). Babcock v. Day, 104 Pa. 4 228, n. (24) (z3). Bach v. Burke, 141 Pa, 649 43, n. (3) (e) ; 228, n. (24) (m). Baekenstoe v. Nine, 22 Pa. Super. 29 190, n. (12) (a), (13) (d). Backenstoe v. O'Neill, 26 C. C. 156 136, n. (1). Backert v. Coal Co., 208 Pa. 362 187, n. (1) (b). Backestoss v. Com., 8 Watts 286 228, n. (25) (e). Backman v. Gross, 150 Pa. 516 239, n. (2) (h) ; 242, n. (1) (d) ; n. (3) (d). Bailey's Estate, 187 Pa. 381 228, n. (18) (m2). Bailey v. Board of Publication, 200 Pa. 406 228, n. (19) (a) ; n. (20) (n). Baily v. Baily, 44 Pa. 274 43, n. (9) (k) ; 228, n. 30) (m). Bailey v. Coal Co., 20 Pa. Super. 186 228, n. (23) (g). Bailey v. Coal Co., 139 Pa. 213 228, n. (13) (b) ; n. (27) (h). Bailey v. Pittsburg, 207 Pa. 553 187, n. (1) (b), (c). Bain v. Funk, 61 Pa. 185 66, n. (1) (a) ; 146, n. (2) (h). Bair v. Black, 10 W. N. C. 156 126, n. (1) (a), (b). Bair v. Hubartt, 139 Pa. 96 228, n. (24) (b). Baird v. Ford, 152 Pa. 637 228, n. (18) (q). Baker v. Baker, 195 Pa. 407 61, n. (2) (a). Baker v. Hagey, 177 Pa. 128 228, n. (19) (a) ; n. (20) (g), (o). Baker v. Irish, 172 Pa. 528 228, n. (21) (a), (c), n. (23) (h), (k). Baker v. Lewis, 33 Pa. 301 161, n. (5) (d). Baker v. Lewis, 4 Rawle 356 228, n. (20) (h). Baker v. Moore, 29 Pa. Super. 301 228, n. (22) (n). Baker v. Williamson, 2 Pa. 116 48, n. (1) (a2). Baldi v. Ins. Co., 24 Pa. Super. 275 228, n. (21) (h). Baldwin's Appeal, 112 Pa. 2 228, n. (24) (r2). Ball v. Campbell, 134 Pa. 602 228, n. (23) (f). Ballentine v. White, 77 Pa. 20 82, n. (1) (a) ; 228, n. (24) (12). Baltimore & Ohio R. R. v. School Dist., 30 P. L. J. 187 228, n. (24) (t2). Bandel v. Erickson, 3 Pa. Super. 389 228, n. (30) (b). Bannon v. Bank, 14 Pa. Super. 566 228, n. (18) (m). Barber's Case, 86 Pa. 392 2, n. (5), (6). Barclay v. Colwell, 4 W. N. C. 440 43, n. (3) (1). Bare v. Hoffman, 79 Pa. 71 243, n. (1) (b). Baring v. Shippen, 2 Bin. 154 43, n. (9) (g) ; 228, n. (30) (n). , Barker v. McCreary, 66 Pa. 162 228, n. (13) (b). 599 Bar-Bea TABLE OF CASES. Barlott v. Forney, 187 Pa. 301 11, n. (4) (c) j 126, n. (4) (h) ; 140, n. (3) (d). Barnes's Ap., 2 Penny. 506 48, n. (1) (1) ; 182, n. (4) (a). Barnes's Est., 221 Pa. 399 228, n. (18) (q). Barnes v. Com., 11 W. N. C. 375 161, n. (4) (i). Barnes v. Rea (No. 2), 219 Pa. 287 228, n. (15) (d). Barnes v. Snowdon, 119 Pa. 53 228, n. (23) (c). Barnett's Case, 28 Pa. Super. 361 43, n. (3) (b2). Barnett v. Becker, 25 Pa. Super. 22 228, n. (23) (k). Barnett v. Reed, 51 Pa. 190 228, n. (22) (r). Barr Twp. Road, 29 Pa. Super. 203 183, n. (2) (f ) ; 185, n. (1) (h), n. (2) (a); 186, n. (2). Barr's Case, 188 Pa. 122 9, n. (5). Barrington v. Bank, 14 S. & R. 405 228, n. (13) (b), n. (24) (k), (w3). Barrington v. Phila., 7 W. N. C. 178 8, n. (4). Barris's Est., 43 Pa. Super. 540 228, n. (18) (1). Bartdorf v. Bank, 81 Pa. 179 228, n. (20) (g). Bartle v. Saunders, 2 Grant 199 228, n. (22) (m2). Bartholomew v. Lehigh Co., 148 228, n. (15) (a). Bartlett v. Kingan, 19 Pa. 341 190, n. (14) (a),(d) ; 228, n. (18) (b). Bartley v. Williams, 66 Pa. 329 228, n. (22) (1). Bartlott v. Forney, 187 Pa. 301 228, n. (18) (g). Barto v. Traction Co., 37 Pa. Super. 447 240, n. (1) (a). Bartolet's Ap., 1 Walk. 77 185, n. (3) (a). Barton v. Glasgow, 12 S. & R. 149 183, n. (4) (h) ; 228, n. (19) (a). Barwell v. Wirth, 61 Pa. 133 161, n. (5) (v). Bascom v. Mfg. Co., 182 Pa. 427 228, n. (20) (a). Bassler v. Niesly, 1 S. & R. 431 141, n. (1) (a), (b), (c) ; 147, n. (4) (a); 161, n. (5) (e). Bastian v. Philadelphia, 180 Pa. 227 82, n. (3). Battles v. Sliney, 126 Pa. 460 183, n. (2) (a); 187, n. (1) (b). Bauer v. Angeny, 100 Pa, 429 182, n. (4) (o2). Baumgardner v. Burnham, 10 W. N. C. 445 161, n. (5) (n). Bavington v. R. R., 34 Pa. 358 82, n. (1) (a) ; 228, n. (24) (12). Baxter v. Graham, 5 Watts 418 228, n. (13) (b), n. (17) (a), (d). Beach's Est., 30 Pa. Super. 572 45, n. (3) (j). Beale v. Com., 25 Pa. 11 228, n. (17) (a) ; 230, n. (1) (g). Beale v. Dougherty, 3 Bin. 432 43, n. (2) (o), (e) ; 182, n. (2) (i). Beale v. Kline, 183 Pa. 149 228, n. (18) (12). Beale v. Patterson, 6 S. & R. 89 132, n. (1) (a), (2) (a). Beale v. R. R., 86 Pa, 509 90, n. (1) (b). Beals v. See, 10 Pa. 56 228, n. (24) (y). Beam v. Warfel, 9 Lane. Bar. 185 239 (i). Bean's Road, 35 Pa. 280 183, n. (3) (c) ; 228, n. (11) (e), (f), n. (15) (i), (j). Beard v. Heck, 13 Pa. Super. 390 228, n. (20) (a). Beard v. Ry., 3 Pa. Super. 171 82, n. (1) (a) ; 228, n. (24) (12;. Beardslee v. Township, 188 Pa. 496 228, n. (25) (d). Bearmer's Ap., 126 Pa. 77 228, n. (30) (a). 600 TABLE OF CASES. Bea-Ber Beatty v. Harris, 205 Pa. 377 11, n. (4) (c) ; 150, n. (2) (a) ; 184, n. (2) (a). Beatty v. Safe Deposit Co., 226 Pa. 430 49, n. (2) (d). Beaumont v. Beaumont, 166 Pa. 615 71, n. (1) (c). Beaver Boro. v. R. R., 217 Pa. 280 183, n. (2) (q) ; n. (4) (b). Beck v. Courtney, 13 W. N. C. 302 163, n. (1) (a) ; n. (3) (b). Beck v. Cricket Club, 45 Pa. Super. 358 192, n. (2) (c) ; page 529, Ap. Beck v. Penna. R. R. Co., 148 Pa. 271 187, n. (1) (b). Becker v. Goldachild, 9 Pa. Super. 50 228, n. (15) (a). Becker v. Ry., 195 Pa. 502 121, n. (2) (e). Becker v. Yeager, 1 Pa. Super. 107 228, n. (18) (qa). Bedell v. Errett, 8 Sad. 418 228, n. (20) (a), (m). Begley v. R. R., 201 Pa. 84 228, n. (9) (b). Behrens v. Mountz, 37 Pa. Super. 326 228, n. (29) (i). Beitler v. Zeiarler, 1 P. & W. 135 43, n. (3) (q2). Belber Co. v. Silberblatt, 44 Pa. Super. 32 183, n. (4) (b) ; 228, n. (24) (p2). Belcher's Est., 205 Pa. 153 45, n. (3) (b). Bell v. County, 149 Pa. 381 54, n. (1). Bell v. Bell, 9 Watts 47 146, n. (2) (g). Bellah v. Poole, 202 Pa. 71 43, n. (3) (p) ; 161, n. (4) (i) ; 228 n. (24) (u). Bellas v. Hays, 5 S. & R. 427 228, n. (22) (h). Bellows v. Railroad Co., 157 Pa. 51 228, n. (23) (e). Bemus v. Clark, 9 Pa. 251 51, n. (1) ; n. (17) (a) ; 228, n. (24) (m3); n. (18) (o2). Bemus v. Howard, 3 Watts 255 228, n. (22) (h). Ben Franklin Coal Co. v. Water Co., 25 Pa. Super. 628 43, n. (2) (d). Benjamin v. Armstrong, 2 S. & R. 392 43, n. (2) (x) ; 182, n. (2) (f2); 228, n. (30) (f). Benner v Fire Asso., 229 Pa. 75 228, n. (15) (a), (g). Benner v. Hauser, 11 S. & R. 352 187, n. (4) (b), (c), (d). Bennethum v. Bowers, 133 Pa. 332 43, n. (2) (d), n. (3) (d). Benscotter v. Long, 167 Pa. 595 243, n. (1) (b), (d). Benson v. Maxwell, 105 Pa. 274 228, n. (20) (t) ; n. (22) (w2). Bent v. Twp. Road, 41 Pa. Super. 57 190, n. (13) (q). Bentley v. Cranmer, 137 Pa. 244. 228, n. (19) (b) ; n. (22) (k). Benzinger Twp. Road, 135 Pa. 176 183, n. (2) (f ) ; 194, n. (1) (d) ; 228, n. (7) (a), (e). Berg's Petition, 139 Pa. 354 182, n. (4) (j). Berg v. Moore, 7 Pa. 94 228, n. (18) (o2). Berger v. Palethorp, 2 W. N. C. 297 228, n. (15) (a). Bergner v. Thompson, 74 Pa. 168 228, n. (23) (h). Beringer v. Lutz, 43 P. L. J. (0. S.) 106 117, n. (1) (b). Beringer v. Lutz, 179 Pa. 1 148, n. (1) (d) ; 155, n. (1) (f ) ; 228, n. (22) (n), n. (31) (a). Berks Co. Poor Directors v. Poor Directors, 21 Pa. Super. 627 85, n. (2) (a). 601 Ber-Blu TABLE OF CASES. Berks County v. Linderman, 30 Pa. Super. 119 54, n. (3); 182, n. (4) (u2). Berks Road v. Myers, 6 S. & R. 12 187, n. (4) (b). Bernstein v. Ernst, 194 Pa. 432 228, n. (26) (c). Berry v. Vantries, 12 S. & R. 89 222, n. (1) (b). Berryhill v. Dowding, 8 Watts 313 222, n. (1) (a)- Bethel Twp. Road, 44 Pa. Super. 96 126, n. (3) (k). Betz's Est., 15 Pa. Super. 563 228, n. (18) (q). Betz v. Delbert, 16 W. N. C. 360 51, n. (4) (a); 288, n. (18) (s). Bevan v. Ins. Co., 9 W. & S. 187 82, n. (3) (a). Biddle v. King, 1 Pbila. 394 66, n. (3) (a). Bidwell v. Evans, 156 Pa. 30 187, n. (1) (b). Bidwell v. Pittsburg, 114 Pa. 535 228, n. (18) (t). Biehl v. Assurance Co., 38 Pa. Super. 110 228, n. (20) (r). Bierly v. Sever, 228 Pa. 289 228, n. (18) (m). Bierly's Est., 81 Pa. 419 229, n. (2) (a). Bigger 's Ap., 1 Mona. 365 182, n. (4) (k). Bingham v. Gerthne, 19 Pa. 418 228, n. (15) (a). Bigley v. Jones, 114 Pa. 510 228, n. (23) (a). Binswanger v. Fisher, 3 W. N. C. 340 242, n. (1) (b). Birch v. R. R., 165 Pa. 339 43, n. (10) (c). Bisbing v. Bank, 93 Pa. 79 228, n. (20) (b), n. (21) (h). Bishop v. Culver, 1 W. N. C. 272 44, n. (6) (e). Bishop v. Goodhart, 135 Pa. 374 228, n. (22) (a). Bitler's Est., 30 Pa. Super. 84 43, n. (1) (g). Bitner v. Bitner, 65 Pa. 347 228, n. (21) (a). Bitzer v. Hahn, 14 S. & R. 232 228, n. (22) (o). Bixler v. Lesh, 6 Pa. Super. 459 228, n. (23) (1). Black's Case, 18 Pa. 434 43, n. (3) (n2) ; 44, n. (6) (k) ; 228, n. (24) (J3). Black v. Black, 206 Pa. 116 150, n. (2) (a) ; 227, n. (1) ; 228, n. (15) (a). Black v. R. R., 18 Dist. 66 43, n. (10) (c), (e). Blackstock v. Leidy, 19 Pa. 335 228, n. (13) (b) ; n. (15) (g). Blair Coal Co. v. Lloyd, 3 W. N. C. 103 228, n. (20) (a). Blake v. Metzgar, 150 Pa. 291 88, n. (1) (a) ; 228, n. (30) (d). Blake Tobacco Co. v. Posluszsy, 31 Pa. Super. 602 228, n. (24) (z3). Blaney's Est., 37 Pa. Super. 76 43, n. (5) (j) ; 228, n. (18) (q). Blank v. Barnhart, 17 Pa. Super. 214 185, n. (1) (c) ; 186, n (1) (a); 228, n. (19) (a), (d), (h), n. (20) (a), (b), n. (21) (c. Blank v. Early, 115 Pa. 359 228, n. (8) (j). Blankenburg v. Transit Co., Jan. Term, 1909. No. 323, Misc. Docket No. 2 367, n. (2) (e). Blanson v. Kitchenmian, 148 Pa. 541 228, n. (20) (e). Blauvelt v. Kemon, 196 Pa. 128 74, n. (1) (s). Bletz v. Haldeman, 26 Pa. 403 43, n. (5) (c). Bleadingheiser v. Crumrine, 34 Pa. Super. 241 187, n. (1) (b). Blockley Turnpike Co.'s Pet., 140 Pa. 177 126, n. (1) (a). Blodgett v. Hagen, 1 W. N. C. 180 242, n. (1) (a). Blume v. Hartman, 115 Pa. 32 228, n. (24) (j2). 602 TABLE OF CASES. Bly-Bra Blythe Twp. v. Morris, 9 Sad. 515 74, n. (1) (e). Boal's Ap., 2 Rawle 37 243, n. (1) (b) ; n. (4) (e), (f). Boas v. Heister, 3 S. & R. 271 43, n. (10) (g). Bookman's Ap., 2 Walk. 285 43, n. (2) (j). Boden v. Irwin, 92 Pa. 345 228, n. (20) (s2). Boffenmyer's Est., 150 Pa. 540 228, n. (18) (q). Bogle v. Kreitzer, 46 Pa. 465 228, n. (23) (e). Boice v. Zimmermann, 3 Pa. Super. 181 186, n. (1) (c). Bolton v. Hey, 168 Pa. 418 50, n. (5) (c). Bond v. R. R., 218 Pa. 34 88, n. (3) (a), (b). Bondz v. Penna. Co., 138 Pa. 153 82, n. (2) (a). Bonner v. Campbell, 48 Pa. 286 43, n. (7) (m). Bonner v. Herrick, 99 Pa. 220 228, n. (21) (a). Book v. Sharpe, 189 Pa. 44 43, n. (2) (i), n. (5) (f) ; 66, n. (1) (c), (d). Boon & Hill Co. v. Trust Co., 56 Pitts. L. J. 428 240, n. (1) (d). Bordo v. R. R., 141 Pa. 484 190, n. (12) (e) ; 228, n. (18) (v), n. (18) (n2). Borham v. Davis, 146 Pa. 72 228, n. (19) (a), (h). Borland v. Meurer, 139 Pa. 513 185, n. (3) (a). Bosler v. Johns, 2 P. & W. 331 43, n. (2) (k2). Bousquet's Ap., 206 Pa. 534 183, n. (4) (b) ; 196, n. (1) (a) ; 228, n. (11)) (e), n. (15) (b). Bovard v. Christy, 14 Pa. 267 228, n. (20) (c). Bow v. Higgins, 112 Pa. 1 88, n. (1) (a). Bower v. Blessing, 8 S. & R. 243 228, n. (24) (z3). Bowers v. Leeds, 7 Pa. L. J. 288 44, n. (6) (s). Boyce v. Asso., 218 Pa. 494 186, n. (1) (a) ; 187, n. (4) (f). Bowers v. Bennethum, 133 Pa. 306 186, n. (2). Boyce v. Asso., 218 Pa. 494 186, n. (1) (a) ; 187, n. (4) (f ) ; 198, n. (2) (a). Boyd v. Boyd, 1 Watts 365 228, n. (25) (a). Boyle's License, 190 Pa. 577 121, n. (1) (b) ; n. (2) (a), (b) ; n. (3) (a). Boyle v. Com., 107 Pa. 20 46, n. (2) (d). Boyle v. Mahoney City, 187 Pa. 1 88, n. (1). Boyle v. Hazelton, 8 Kulp 239 228, n. (20) (m). Bracken v. R. R., 222 Pa. 410 228, n. (20) (n) ; n. (22) (j). Bracken v. R. R., 32 Pa. Super. 22 232, n. (1) (f), (g). Brackney v. Crafton Boro., 31 Pa. Super. 413 80, n. (6) (c). Braden v. Cook, 18 Pa. Super. 156 228, n. (22) (n). Bradford Clark Co. v. R. R., 27 Pa. Super. 251 228, n. (23) (h). Bradford Twp. v. Twp., 57 Pa. 495 48, n. (1) (e2) ; 146, n. (2) (a) ; 161, n. (4) (i). Bradlee v. Whitney, 108 Pa. 362 228, n. (18) (t). Bradley v. Vernon, 166 Pa. 603 190, n. (12) (a), (b), (c). Bradley v. Flowers, 4 Yeates 436 228, n. (17) (d). Bradley v. Gaghan, 208 Pa. 511 228, n. (18) (s). Bradley v. Grosh, 8 Pa. 45 228, n. (23) (e). Bradley v. Potts, 155 Pa. 418 43, n. (2) (h). 603 Bra-Bro TABLE OF CASES. Bradwell v. Railway Co., 139 Pa. 404 228, n. (11) (a). Brady St., 99 Pa. 591 56, n. (3) (b). Brady v. Shisler, 1 W. N. C. 297 228, n. (5) (c). Brainerd v. Davis, 21 Pa. Super. 599 50, n. (2) (c) ; 146, n. (1) (b). Branch Twp. Road, 4 Leg. Gaz. 413 43, n. (6) (x), (g2) 182, n. (4) (k). Brands v. Wise, 16 Pa. Super. 189 228, n. (15) (e). Brannan v. Bond, 18 Pa. Super. 535 242, n. (1) (g). Bratton v. Mitchell, 5 Watts 69 147, n. (4) (a). Bratton v. Mitchell, 3 Pa. 44 161, n. (6) (b). Braunschweiger v. Waits, 179 Pa. 27 228, n. (20) (h). Breading v. Blocher, 29 Pa. 347 243, n. (1) (b), (f) ; n. (5) (a). Brecht v. McParland, 187 Pa. 634 228, n. (1) (g). Breinig v. Breinig, 26 Pa. 161 228, n. (24) (y2). Breinisholtz v. R. R., 229 Pa. 88 228, n. (20) (h2) ; Id., n. (29) (1). Breitenbach v. Bush, 44 Pa. 313 48, n. (1) (z). Breitweiser Co. v. Scott, 33 Pa. Super. 627 43, n. (3) (v) ; 77, n. (2) (c). Brendlinger v. Kiegel, 37 Pa. Super. 474 43, n. (3) (o). Brennan's License, 33 Pa. Super. 252 182, n. (4) (j). Breneman's Est., 65 Pa. 298 228, n. (25) (k). Brennan's Est., 65 Pa. 16 228, n. (24) (b), (c). Brennan v. Ins. Co., 148 Pa. 199 228, n. (24) (b). Brentlinger v. Brentlinger, 4 Rawle 241 132, n. (2) (a), (b). Brethren Aid Society v. McDermond, 12 W. N. C. 73 228, n. (25) (a). Brew v. Hastings, 206 Pa. 155 228, n. (2) (h). Brewster v. Sterrett, 32 Pa. 115 228, n. (20) (m), n. (25) (a). Bricker v. Lightner, 40 Pa. 197 228, n. (13) (e). Bright v. Coal Mining Co., 10 Phila. 609 1, n. (3). Brightly v. McAleer, 4 Pa. Super. 563 243, n. (1) (d), (e). Brindle v. Brindle, 50 Pa. 387 190, n. (12) (a) ; n. (13) (a) ; 193, n. (3). Brindle v. Mcllvain, 9 S. & R. 74 161, n. (5) (j) ; 228, n. (31) (a). Brinks v. Heise, 84 Pa. 246 228, n. (24) (a2). Brinser v. Longnecker, 169 Pa. 51 228, n. (19) (a). Brinton v. Walker, 15 Pa. Super. 449 186, n. (1) (c), (d) ; 228. n. (20) (a), n. (21) (f). Briston v. Tasker, 135 Pa. 110 190, n. (3) (b), (c). Brittain v. Bank, 5 W. & S. 87 228, n. (22) (j2). Broadnax v. R. R., 157 Pa. 140 187, n. (1) (b). Bromley v. Lippincott, 184 Pa. 462 242, n. (1) (k). Brooke's Est., 24 Pa. Super. 430 228, n. (1) (a). Brook v. Church, 135 Pa. 137 198, n. (1) (a). Brooks v. Railroad Co., 2 Pa. Super. 581 228, n. (23) (e). Brookville v. Arthurs, 152 Pa. 334 228, n. (19) (a). Bross v. Com., 71 Pa. 262 92, n. (2) (c) ; 182, n. (4) (j2) ; 228, n. (24) (q4). Brothers v. Mitchell, 157 Pa. 484 228, n. (4) (j) ; n. (22) (n) ; n. (28) (d);232, n. (1) (q), n. (2) (p), n. (3) (a). 604 TABLE OF CASES. Bro-Buc Brotzman's Appeal, 119 Pa. 645 228, n. (7) (g). Brouse v. Aliger, 36 Pa. Super. 517 187, n. (1) (b). Brown's Ap., 26 Pa. 490 43, n. (2) (o) ; 66, n. (2) (c) ; 182, n. (2) Brown's Case, 18 Pa. Super. 409 146, n. (2) (b). Brown's Est., 213 Pa. 604 228, n. (6) (i) ; 229, n. (2) (g). Brown's License, 18 Pa. Super. 409 182, n. (4) (j). Brown v. Bausett, 2 Bin. 33 146, n. (1) (c). Brown v. Boom Co., 109 Pa. 57 228, n. (18) (t). Brown v. Boro., 12 Pa. C. C. 313 48 (A) ; 56, n. (3) (a). Brown v. Boro., 47 Pa. Super. 413 pp. 517, 522, Ap. Brown v. Brooks, 25 Pa. 210 186, n. (1) (a) ; 187, n. (1) (b). Brown v. Caldwell, 10 S. & R. 114 228, n. (20) (s). Brown v. Com., 76 Pa. 319 228, n. (19) (e). Brown v. Dempsey, 95 Pa. 243 228, n. (18) (t). Brown v. Directors, 18 Pa. 78 146, n. (2) (h). Brown v. Downing, 4 S. & R. 494 161, n. (4) (n). Brown v. Finney, 67 Pa. 214 228, n. (24) (a2). Brown v. Kelso, 2 P. & W. 427 228, n. (13) (p). Brown v. Loureir, 4 W. N. C. 538 163, n. (3) (g) ; 169, n. (2) (a). Brown v. Montgomery, 21 Pa. Super. 262 228, n. (19) (a) ; n. (20) (a), (i), (m). Brown v. Parkinson, 56 Pa. 336 182, n. (2) (v). Brown v. Pittsburg, 1 Mona. 8 88, n. (1) (a) ; 228, n. (30) (d). Brown v. Railroad Co., 39 L. I. 179 228, n. (23) (h). Brown v. Ry., 43 Pa. Super. 61 228, n. (20) (r). Brown v. Ridgway, 10 Pa. 42 161, n. (4) (c) ; 228, n. (24) (u). Brown v. School Dist., 1 Mona. Ill 126, n. (1) (a). Brown v. Waite, 38 Pa. Super. 216 228, n. (24) (p2). Brown v. Water Co., 213 Pa. 440 185, n. (3) (a) ; 187, n. (1) (g). Browner v. Kantner, 9 Pa. Super. 95 77, n. (3) (a) ; 102, n. (2) (d) ; 108, n. (3) (b). Browning v. McManus, 1 Whar. 177 51, n. (4) (a) ; 288, n. (17) (a), n. (18) (o2). Brubaker v. Okeson, 36 Pa. 519 228, n. (23) (1). Bruce v. Pittsburgh, 161 Pa. 517 36, n. (3) (a). Bruce v. Pittsburgh, 166 Pa. 152 36, n. (2) (b). Bruch v. Phila., 181 Pa. 588 228, n. (18) (t). Bryan v. Com., 27 Pa. 284 228, n. (1) (b), n. (17) (a), (d). Bryne v. R. R., 19 Pa. Super. 531 228, n. (23) (h). Bryner v. Bridge Co., 190 Pa. 617 71, n. (1) (g). Bryson's Road, 2 P. & W. 207 146, n. (1) (g). Buchanan v. Banks, 203 Pa. 599 243, n. (3) (e). Buck Mountain Coal Co. v. Coal & Nav. Co., 2 W. N. C. 241 36, n. (2) (b). Buck v. McKeesport, 223 Pa. 211 228, n. (8) (b). Buck v. Railroad Co., 150 Pa. 170 228, n. (20) (h). Buckman v. Davis, 28 Pa. 211 51, n. (4) (a). Buckmeyer v. Dubbs, 5 Bin. 29 222, n. (1) (e). Bucknor's Ap., 2 Mona. 774 242, n. (2) (b), (f). 605 Buc-Cam TABLE OF CASES. Buckwalter v. Russell, 119 Pa. 495 51, n. (4) (a). Bugbee's Ap., 110 Pa. 331 228, n. (18) (z). Bulkley v. Wood, 4 Pa. Super. 391 228, n. (18) (s). Bull's Ap., 24 Pa. 286 183, n. (2) (q) ; 185, n. (1) (g), n. (2) (a) ; 228, n. (1) (b),n. (17) (a), n. (18) (q). Bunce v. Stanford, 27 Pa. 265 228, n. (25) (1). Bunce v. Wightman, 29 Pa. 335 228, n. (24) (z3). Bunting v. Young, 5 W. & S. 188 228, n. (25) (a). Burd v. Dansdale, 2 Bin. 80 161, n. (4) (d). Burd v. McGregor, 2 Grant 353 228, n. (22) (p). Burdge v. Weiler, 2 W. N. C. 502 228, n. (11) (a). Burk v. McMullen, 4 Pa. 317 161, n. (9) (c). Burke v. Maxwell, 81 Pa. 139 228, n. (20) (d), n. (21) (i), (1). Burkhart's Est., 25 Pa. Super. 514 239, n. (2) (c). Burkholder v. Lapp. 31 Pa. 322 228, n. (25) (a). Burkholder v. Stahl, 58 Pa. 371 183, n. (2) (a) ; n. (4) (e) ; 186, n. (1) (a) ; 200, n. (1) (b), (2) ; 228, n. (19) (a) ; page 527, Ap. Burlington, etc., Ferry Co. v. Steamboat Co., 2 W. N. C. 453 228, n. (19) (a). Burns v. Bank, 1 P. & W. 395 43, n. (2) (z) ; 182, n. (2) (b.2). Burns v. R. R., 222 Pa. 406 228, n. (24) (m), (p). Burns v. Sutherland, 7 Pa. 103 228, n. (19) (a). Burns v. Thornburg, 3 Watts 78 228, n. (24) (d4). Burr v. Sim, 4 Wh. 150 228, n. (21) (a). Burson v. Ins. Co., 136 Pa. 267 187, n. (4) (a). Busch v. Calhoun, 14 Pa. Super. 578 228, n. (20) (u). Bushvalley Twp. v. Allegheny Co., 25 Pa. Super. 595 228, n. (11) (e), (f). Butchers' Ice & Coal Co. v. Phila., 156 Pa. 54 187, n. (1) (b). Byers v. Com., 42 Pa. 89 37, n. (2) (d). Byers v. Byers, 208 Pa. 23 228, n. (18) (m). Byles v. Hazlett, 11 W. N. C. 212 228, n. (21) (h). Byrne v. Grossman, 65 Pa. 310 228, n. (1) (a), n. (17) (a). Cabargo v. Seegar, 17 Pa. 514 228, n. (17) (a), (d). Cadbury v. Nolan, 5 Pa. 320 228, n. (19) (n) ; n. (21) (h). Cadmus v. Jackson, 52 Pa. 295 43, n. (5) (z), n. (7) (1). Cadwallader v. Brodie, 8 Sad. 609 228. n. (25) (h). Caflisch v. Logue, 216 Pa. 146 71, n. (1) (i). Cahill v. Benn, 6 Bin. 99 243, n. (2) (b). Cake v. Cake, 106 Pa. 472 67, n. (1) (d), (i) ; 126, n. (6) (a). Cake's Appeal, 110 Pa, 65 228, n. (18) (z). Caldwell v. Hallder, 40 Pa. 160 228, n. (19) (a). Caldwell v. Express Co.. 26 Pa. Super. 465 228, n. (24) (i2). Caldwell v. Thompson, 1 Rawle 370 228, n. (24) (f). Caldwell v. Remington, 2 Whar. 132 228, n. (24) (f). Calhoun v. Laundry, 220 Pa. 281 228, n. (22) (c). Calhoun v. Logan, 22 Pa, 46 146, n. (2) (h) ; 161, n. (4) (1). Calvert v. Good, 95 Pa. 65 228, n. (23) (e). Cambria County v. Madison Twp., 138 Pa. 109 85, n. (2) (d). 606 TABLE OF CASES. Cam-Cas Cambria Iron Co. v. Leidy, 226 Pa. 122 91, n. (2) ; 228, n. (15) (a). Camden, etc., Ry. v. Hoosey, 99 Pa. 492 228, n. (23) (c). Camden, etc., Ferry Co. v. Monaghan, 10 W. N. C. 46 228, n. (18) (t);242, n. (2) (a). Cameron v. Paul, 11 Pa. 277 239, n. (1) (a); n. (2) (o). Cameron v. Russell, 40 Pa. Super. 405 228, n. (24) (p2). Cameron v. Traction Co., 216 Pa. 191 187, n. (1) ; 190, n. (12) (p) ; 198, n. (2) (a). Camp v. Welles, 11 Pa. 206 126, n. (3) (a). Campbell's Est., 39 Pa. Super. 138 228, n. (18) (h), (k), (1). Campbell v. Erb., 35 Pa. Super. 436, 42, n. (3); 182, n. (4) (g2), n. (24) (c4). Campbell v. Asso., 172 Pa. 561 228, n. (19) (a). Camp Hill Boro., 142 Pa. 511 42, n. (3); 48, n. (1) (d), n. (4); 182, n. (4) (y). Campbell v. Floyd, 153 Pa. 84 43, n. (2) (c) ; 228, n. (28) (g) ; 232, n. (1) (k). Campbell v. Harton, 28 Pa. Super. 494 148, n. (1) (h). Canavan v. Paye, 34 Pa. Super. 91 228, n. (18) (g), n. (24) (q3). Canole v. Allen, 222 Pa. 156 183, n. (2) (r) ; n. (5) (e). Carbondale First National Bank v. Cowperthwaite, 1 Wilcox 273 163, n. (3) (d). Card v. Columbia Twp., 91 Pa. 254 185, n. (1) (b) ; 186, n. (1) (c) ; 187, n. (1) (b);228, n. (20) (a). Carey v. Buckley, 192 Pa. 276 228, n. (18) (d2), n. (22) (q), (a2). Carey v. Gobbet, 2 Y. 277 161, n. (4) (b). Carlisle v. Woods, 7 S. & R. 207 183, n. (4) (a). Carlson's License, 127 Pa. 330 182, n. (4) (c), (e). Carman v. Navigation Co., 2 W. N. C. 720 228, n. (20) (a). Carman v. Noble, 9 Pa. 366 228, n. (3) (a). Carman v. R. R., 195 Pa. 440 228, n. (22) (f2). Cam v. Fillman, 10 W. N. C. 152 228, n. (25) (t). Carothers v. Dunning, 3 S. & R. 373 228, n. (19) (a) ; (20) (a). Carothers v. Ry., 229 Pa. 558 228, n. (29) (k). Carpenter's Case, 4 Pa. 222 228, n. (18) (n2). Carpenter's Case, 14 Pa. 486 48, n. (1) (x), n. (2) (a); 182, n. (4) (b). Carpenter's Ap., 11 W. N. C. 162 182, n. (4) (t2). Carpenter v. Lancaster, 212 Pa. 581 146, n. (2) (a) ; 228, n. (2) (h), n. (24) (p2). Carpenter v. Lancaster, 22 Lane. L. R. 33 228, n. (19 (a). Carpenter v. Mayer, 5 Watts 483 228, n. (22) (h). Carrol v. Barnes & Erb Co., 11 Pa. Super. 590 110, n. (2) (a). Carson v. Bromley, 184 Pa. 549 228, n. (18) (b). Carson v. Hosiery Co., 15 Pa. Super. 476 190, n. (14) (b). Carter v. Caldwell, 147 Pa. 370 43, n. (2) (t), n. (3) (v) ; 77, n. (2) (a), (c). Carter v. Henderson, 224 Pa. 319 228, n. (14) (b). Casey v. Canning, 39 Pa. Super. 94 228, n. (3) (h). Cash's Ap., 1 Pa. 166 43, n. (6) (d2) ; 66, n. (4) (b) ; 222, n. (1) (a). 607 Cas-Che TABLE OF CASES. Cassel v. Duncan, 2 S. & R. 57 243, n. (1) (b), (g). Cassell v. Cooke, 8 S. & R. 296 228, n. (20) (o2) 243, n. (4) (g). Cassidy v. Knapp, 167 Pa. 305 11, n. (4) (c). Cassville Boro Road, 4 Pa. Super. 511 126, n. (1) (a), n. (4) (j). Cathcart v. Com., 37 Pa. 108 146, n. (2) (a) ; 228, n. (1) (a) ; n. (17) (a); n. (19) (b) ; n. (21) (a) ; n. (23) (g) ; n. (24) ( P 2). Catherine and Frankstown Twps., 31 Pa. 303 146, n. (2) (h). Catlin v. Robinson, 2 Watts, 373 228, n. (24) (z3). Catterson's Ap., 100 Pa. 9 45, n. (3) (c). Cattison v. Cattison, 22 Pa. 275 228, n. (19) (a). Catts v. Catts, 37 Pa. Super. 598 228, n. (24) (r2), (z2). Cauffman v. Long, 82 Pa. 72 228, n. (23) (e). Cauley v. Ry., 95 Pa. 398 43, n. (7) (q), (r). Cauley v. R. R., 98 Pa. 498 228, n. (26) (i). Cawley v. Bohan, 120 Pa. 295 43, n. (9) (a), (c). Cayuga B. & L. Asso. v. MacMullen, 46 Pa. Super. 94 196, n. (3) (d). Central Bank v. Early, 113 Pa. 477 88, n, (1) (a) ; 161, n. (5) (u). Central R. R. v. Green, 2 W. N. C. 590 228, n. (20) (e). Central Trust Co. v. White, 206 Pa. 611 228, n. (20) (u), n. (22) (h), (s), n. (23) (n). Centreville School District's Appeal, 3 W. N. C. 75 228, n. (12) (d), n. (28) (a). Cessna's Est., 192 Pa. 14 183, n. (2) (a) ; 185, n. (2) (a). Chadwick v. Ober, 70 Pa. 264 43, n. (3) (x2). Chambers v. Chatley, 15 Pa. Super. 540 228, n. (18) (u). Chambers v. Bedell, 2 W. & S. 225 228, n. (20) (m). Chambers v. Boro., 140 Pa. 510 187, n. (1) (k), n. (4) (a). Chambersburg & Bedford Turnpike, 20 Pa. Super. 123 100, n. (2) (b). Chambers v. Davis, 3 Whar. 40 228, n. (20) (e2), n. (23) (m). Chambers v. McLean, 23 Pa. Super. 551 50, n. (2) (a). Chandler v. Ins. Co., 88 Pa. 223 228, n. (3) (c). Chapman Twp. Overseers' Ap., 40 L. I. 350 85, n. (2) (d). Charles v. Bishoff, 1 Sad. 260 228, n. (4) (e), n. (9) (a). Chartiers Gas Co. v. Lynch, 118 Pa. 362 228, n. (23) (e). Chartiers Ry. v. Hodgens, 77 Pa. 187 50, n. (5) (a). Chartiers Twp. Road, 1 Mona. 365 228, n. (24) (e3). Chase v. Hubbard, 99 Pa. 226 228, n. (1) (c), n. (20) (m). Chase v. Life & Trust Co., 207 Pa. 24 50, n. (4) (b). Chase v. Miller, 41 Pa. 403 11, n. (3) (a), (b), (e) ; 42, n. (1) (a), (b), (e) ; 43, n. (9) (i) ; 48, n. (1) (d) ; n. (2) (b) ; 51, n. (3) ; n. (4) (a); 82, n. (4) (a), (d), (t2). Cherry Twp. v. County, 30 Pa. Super. 502 43, n. (3) (i). Chester v. Mclntyre, 13 Pa. Super. 545 51, n. (4) (a) ; 228, n. (18) (s). Chester Co. Bank v. Thomas, 220 Pa. 360 183, n. (4) (b). Chester County Nomination, 213 Pa. 64 146, n. (1) (i) ; 182, n. (4) (f). Chester Trac. Co. v. R. R., 180 Pa. 432 11, n. (4) (c). 608 TABLE OF CASES. Che-Coh Chestnut Hill Road v. County, 228 Pa. 1 185, n. (4) (a) ; 228, n. (20) (r) (x). Chestnut St., 86 Pa. 88 48, n. (1) (u2) ; 182, n. (3) (c), n. (4) (k). Chew's Case, 8 W. & S. 375 228, n. (24) (g3). Chew's Ap., 3 Gr. 294 45, n. (3) (m). Chew's Ap., 3 Gr. 308 43, n. (6) (z). Chew v. Phila., 35 Pa. Super. 66 43, n. (3) (h2). Childs v. Adams, 43 Pa. Super. 239 228, n. (18) (m). Childs v. Digby, 24 Pa. 23 228, n. (22) (c2). Christner v. Johns, 171 Pa, 527 42, n. (3) ; 48, n. (4) ; 110, D. (4) (a); 182, n. (1) (b). Christner v. John, 2 Pa. Super. 78 147, n. (4) (h) ; 228, n. (18) (b). Christophers v. Selden, 28 Pa. 165 66, n. (2) (c) ; 182, n. (2) (v). Christy's Ap., 92 Pa. 157 228, n. (29) (g) ; 229, n. (2) (a). Christy's Ap., 110 Pa. 538 45, n. (2) (1), n. (3) (s). Christy's Lunacy, 2 Pa. Super. 259 85, n.'(l) (a) ; 228, n. (18) (p). Church's Appeal, 103 Pa. 263 228, n. (6) (p) ; 232, n. (3) (a). Church Co. v. Guernsey, 190 Pa. 284 228, n. (18) (m). Citizens' B. & L. Asso. v. Hoagland, 87 Pa. 326 74, n. (1) (i). Citizens' Elec. Co. v. Boom Co., 227 Pa. 449 228, n. (18) (m). Citizens' Pass. By. Co. v. Ketcham, 122 Pa. 228 228, n. (22) (e), (x). Claflin Co. v. Querns, 15 Pa. Super. 464 187, n. (1) (b) ; 228, n. (20) (a), (j), (r);n. (23) (h). Clarion, etc., R. R. v. Hamilton, 127 Pa. 1 126, n. (3) (i), n. (4) (b), (d), (n). Clark v. Clark, 180 Pa. 186 141, n. (1) (k). Clark v. Douglass, 62 Pa. 408 146, n. (2) (g). Clark v. Partridge, 2 Pa. 13 228, n. (22) (k2). Clark v. Patterson, 6 Bin. 128 182, n. (2) (t). Clark v. Smith, 25 Pa. 137 185, n. (1) (b). Clark v. Traction Co., 210 Pa. 636 228, n. (19) (i), (p), n. (21) (h). Clark v. Washington Boro., 145 Pa. 566 36, n. (2) (b). Clark v. Yeat, 4 Bin. 185 182, n. (2) (t). Clarkson v. Thorn, 2 Penny. 491 228, n. (22) (p). Clay v. Irvine, 4 W. & S., 232 228, n. (2) (f). Clay v. R. R., 221 Pa. 439 228, n. (22) (b2). Clegg v. Steel Co., 34 Pa. Super. 63 228, n. (2) (h), n. (29) (h). Clever 's Est., 154 Pa. 481 190, n. (13) (a). Closser v. Township, 11 Pa. Super. 112 228, n. (25) (m). Clymer v. Roberts, 220 Pa. 162 44, n. (3). Clymer v. Thompson, 1 W. N. C. 261 161, n. (5) (k). Coates v. Roberts, 4 Rawle 100 228, n. (22) (a), (t). Coates v. Wallace, 4 Pa. Super. 253 228, n. (26) (a), (b). Cobb v. Stephens, 2 Phila. 150 185, n. (3) (a). Coble v. Zook, 6 Pa. Super. 597 228, n. (23) (h). Cochran v. Sanderson, 151 Pa. 591 187, n. (2) (a), (i). Codding v. Wood, 112 Pa. 371 228, n. (23) (a). Cohen v. Transit Co., 228 Pa. 243 228, n. (19) (p) ; n. (21) (n). 609 39 Coh-Com. TABLE OF CASES. Cohn v. Scheuer, 115 Pa. 178 228, n. (24) (u2). Colder v. Weaver, 7 Watts 466 228, n. (23) (m). Cole's Case, 230 Pa. 162 182, n. (4) (y2) ; 228, n. (25) (e). Cole v. High, 173 Pa. 590 228, n. (20) (e). Coleman's Est., 200 Pa. 29 228, n. (18) (q). Collins v. Busch, 15 Pa. Super. 255 43, n. (8) (g) ; 125, n. (1) (a) ; 228, n. (6) (1). Collins v. Houston, 138 Pa. 481 228, n. (26) (a), (b). Collins v. Leafy, 23 W. N. C. 264 228, n. (20) (d). Collins v. Leafy, 124 Pa. 203 228, n. (20) (j), n. (24) (b). Collins v. Rush, 7 S. & E. 147 228. n. (20) (s). Colonial Trust Co. v. Getz, 28 Pa. Super. 619 228, n. (23) (k), n. (25) (t). Collum v. Andrews, 6 Watts 516 228, n. (30) (b). Columbia Fire Proofing Co. v. Paper Co., 207 Pa. 232 228, n. (18) (b);n. (24) (a2). Colwyn v. Tarbotton, 1 Pa. Super. 179 108, n. (2) ; 110, n. (2) (a). Com. v. Allegheny, 37 Pa. 237 34, n. (1) (a). Com. v. Arnold, 161 Pa. 320 147, n. (4) (d) ; 148, n. (1) (a), (b) ; 161, n. (8) (a), (b). Com. v. Baldwin, 1 Watts 54 43, n. (2) (c). Com. v. Balph, 111 Pa. 365 35, n. (1) (a), (b) ; 46, n. (5) (a). Com. v. Barge, 11 Pa. Super. 164 228, n. (6) (s) ; 230. n. (1) (g). Com. v. Earner, 199 Pa. 335 187, n. (1) (b). Com. v. Bartilson, 85 Pa, 482 183, n. (4) (f). Com. v. Barton, 20 Pa. Super. 447 155, n. (1) (a). Com. v. Beale, 19 Pa. Super. 434 46, n. (5) (d) ; 183, n. (2) (f). Com. v. Beaumont, 4 Rawle 366 48, n. (1) (f2) Com. v. Beech Creek R. R., 189 Pa. 203 228, n. (18) (i). Com. v. Best, 34 Pa. Super. 219 167, n. (1) (h). Com. v. Betts, 76 Pa. 465 182, n. (4) (o). Com. v. Bird, 144 Pa. 194 182, n. (4) (J2). Com. v. Black, 201 Pa. 433 9, n. (7). Com. v. Blatt, 165 Pa. 213 43, n. (3) (o2). Com. v. Boschino, 176 Pa. 103 228, n. (19) (a), (c). Com. v. Bowman, 171 Pa. 448 228, n. (20) (a). Com. v. Bradney, 126 Pa. 199 46, n. (12) (d) ; 151, n. (3) ; 183, n. (3) (e). Com. v. Brewing Co., 1 Pa. Super. 627 108, n. (2) (a). Com. v. Bridge Co., 20 Pa. 185 59, n. (4) (a). Com. v. Brown, 23 Pa. Super. 470 228, n. (24) (s). Com. v. Brownell, 35 Pa. Super. 249 182, n. (4) (e), (q). Com. v. Brubaker, 13 Pa. Super. 14 228, n. (19) (a). Com. v. Bubnis, 197 Pa. 542 46, n. (10) ; 228, n. (20) (a), (j) ; 230, n. (1) (b). Com. v. Buccieri, 153 Pa. 570 46, n. (9) (a) ; 228, n. (19) (a) ; n. (20) (a); n. (22) (n), (c2) ; n. (24) (z). Com. v. Bunnell, 20 Pa. Super. 51 187, n. (4) (a). Com. v. Burkhart, 23 Pa. 521 182, n. (2) (s). Com. v. Burns, 14 Pa. Super. 248 190, n. (14) (b). 6lO TABLE OF CASES. Com. v. B.-D. Com. v. Butler, 39 Pa. Super. 125 43, n. (2) (f). Com. v. Butler, 19 Pa. Super. 626 43, n. (2) (k) ; 46, n. (2) (d) ; 108, n. (2) (h). Com. v. Cairns, 46 Pa. Super. 96 228, n. (1) (k). Com. v. Callahan, 153 Pa. 625 43, n. (9) (j). Com. v. Campbell, 31 Pa. Super. 9 185, n. (3) (a) ; n. (4) (a). Com. v. Capp, 48 Pa. 53 46, n. (11) (a), (c) ; n. (12) (b), (c). Com. v. Cassell, 1 Pa. Super. 476 46, n. (12) (b), (d). Com. v. Cavett, 23 Pa. Super. 57 50, n. (2) (a). Com. v. Chartiers Ry., 28 Pa. Super. 173 228, n. (9) (g). Com. v. Charters, 20 Pa. Super. 599 228, n. (24) (h.4). Com. v. Church, 17 Pa. Super. 39 228, n. (16) (c). Com. v. Church, 1 Pa. 105 161, n. (4) (a); 146, n. (2) (a), (e) ; 228, n. (18) (o). Com. v. Clark, 3 Pa. Super. 141 228, n. (22) (a2), (r2). Com. v. Clymer, 30 Pa. Super. 61 228, n. (21) (a). Com. v. Coal & Iron Co., 145 Pa. 283 35, n. (2) (d). Com. v. Coble, 9 Pa. Super. 215 151, n. (1) (f ) ; 46, n. (12) (a) ; 228, n. (20) (i). Com. v. Common Pleas, 1 S. & R. 187 38, n. (1) (d), (g. Com. v. Common Pleas Judges, 3 Bin. 273 43, n. (1) (a). Com. v. Contner, 21 Pa. 266 228, n. (24) (J2). Com. v. Conway, 22 C. C. 428 167, n. (1) (d). Com. v. Cooper, 27 Pa. Super. 8 228, n. (20) (e). Com. v. Cornelly, 7 Pa. Super. 77 228, n. (21) (a)- Com. v. County, 133 Pa. 180 48, n. (1) (i2) ; 228, n. (24) (b3). Com. v. County, 157 Pa. 531 187, n. (1) (j). Com. v. Craig, 19 Pa. Super. 81 146, n. (2) (h) ; 228, n. (18) (o) ; n. (25) (a), (b). Com. v. Cummings, 26 C. C. 140 163, n. (3) (g) ; 169, n. (2) (a). Com. v. Cummings, 45 Pa. Super. 211 187, n. (1) (b) ; 197, n. (1) (f). Com. v. D'Angelo, 29 Pa. Super. 378 186, n. (1) (c) ; 228, n. (20) (a) Com. v. Danz, 211 Pa. 507 228, n. (22) (n). Com. v. Darr, 11 Pa. Super. 74 228, n. (18) (p). Com. v. Davis, 109 Pa. 128 228, n. (24) (b3), (c3) ; 89, n. (2) (b). Com. v. Davison, 11 Pa. Super. 130 46, n. (2) (f). Com. v. Deacon, 8 S. & R. 72 37, n. (1) (a). Com. v. Dean, 21 Pa. Super. 641 146, n. (2) (c) ; 182, n. (4) (q). Com. v. Dehle, 42 Pa. Super. 300 185, n. (2) (a) ; n. (3) (a) ; n. (5) (a); 186, n. (1) (a). Com. v. Deitrick, 218 Pa. 36 228, n. (29) (j). Com. v. Delameter, 145 Pa. 210 35, n. (1) (b) ; 46, n. (5) (a), (b). Com. v. Delero, 218 Pa. 487 228, n. (24) (m). Com. v. Devine, 18 Pa. Super. 431 185, n. (1) (b). Com. v. Dietrich, 7 Pa. Super. 515 228, n. (24) (m). Com. v. Dilks, 45 Pa. Super. 339 182, n. (4) (q). Com. v. District Court, 5 W. & S. 272 38, n. (1) (e). Com. v. Dorman. 22 Pa. Super. 20 146, n. (2) (d) ; 161, n. (1) (i) ; n. (3) (o). 611 Com. v. D.-H. TABLE OF CASES. Com. v. Dorman, (No. 2) 22 Pa. Super. 20 228, n. (16) (b). Com. v. Doughty, 139 Pa. 383 43, n. (7) (u). Com. v. Doughty, 139 Pa. 383 228, n. (19) (a). Com. v. Duff, 7 Pa. Super. 415 146, n. (2) (a) ; 161, n. (3) (h) ; 183, n. (4) (a); 228, n. (1) (a); n. (11) (c) ; n. (24) (p2). Com. v. Dumbaula, 97 Pa. 293 39, n. (1) (a). Com. v. Dunham, 174 Pa. 436 108, n. (2) (f) ; 121, n. (1) (a). Com. v. Eckerd, 174 Pa. 137 186, n. (1) (c), (d) ; 228, n. (21) (a). Com. v. Edgar, 44 Pa. Super. 496 182, n. (4) (q). Com. v. Edmiston, 30 Pa. Super. 54 183, n. (3) (d) ; 228, n. (11) (c);n. (24) (r). Com. v. Eisenhower, 181 Pa. 470 146, n. (2) (d). Com. v. Everts, 19 Pa. Super. 419 82, n. (1) (b). Com. v. Ewing, 176 Pa. 491 179, n. (1) (b). Com. v. Ezell, 212 Pa. 293 146, n. (2) (a), (d); 190, n. (12) (g) ; 228, n. (24) (k). Com. v. Fencez, 226 Pa. 114 228, n. (20) (j) ; n. (24) (m). Com. v. Ferguson, 32 L. I. 127 151, n. (1) (e) ; n. (2) (b) ; n. (1) (h). Com. v. Fitzpatrick, 1 Pa. Super. 518 155, n. (2) (b) ; 228, n. (24) (P2). Com. v. Fleming, 157 Pa. 644 50, n. (2) (a) ; 228, n. (11) (a). Com. v. Fleming, 23 Pa. Super. 404 228, n. (27) (e). Com. v. Fletcher, 208 Pa. 137 46, n. (5) (b). Com. v. Flomenhaft, 3 Pa. Super. 566 92, n. (2) (c), (d) ; 228, n. (24) (q4). Com. v. Gabor, 209 Pa. 201 46, n. (3) (d). Com. v. Garrito, 222 Pa. 304 46, n. (10) ; 228, n. (24) (p2) ; 230, n. (1) (b). Com. v. Gibbons, 9 Pa. Super. 527 37, n. (2) (d) ; 41, n. (1) (b), (c); 102, n. (2) (a); 108, n. (3) (d). Com. v. Gibbons, 3 Pa. Super. 408 228, n. (12) (c) ; n. (24) (c2) ; n. (28) (a). Com. v. Gillespie, 146 Pa. 546 48, n. (1) (b2). Com. v. Gladfelter, 174 Pa. 438 108, n. (2) (f) ; 121, n. (1) (a). Com. v. Goldberg, 4 Pa. Super. 142 186, n. (1) (c) ; 228, n. (20) (a), (y2);n. (21) (h). Com. v. Gouger, 21 Pa. Super. 217 46, n. (2) (c). Com. v. Gould, 43 Pa. Super. 317 50, n. (4) (a). Com. v. Greason, 208 Pa. 126 226, n. (2). Com. v. Green, 185 Pa. 641 35, n. (1) (b), (f) ; 37, n. (1) (c) ; n. (2) (c), (e); 46, n. (5) (a). Com. v. Haas, 57 Pa. 443 46, n. (2) (b) ; n. (12) (c). Com. v. Haffey, 6 Pa. 348 228, n. (3) (f) ; n. (4) (o). Com. v. Hall, 23 Pa. Super. 104 228, n. (24) (r) ; 183, n. (3) (d). Com. v. Hanley, 15 Pa. Super. 271 228, n. (18) (e). Com. v. Hare, 36 Pa. Super. 125 182, n. (4) (t) (k2) ; 230, n. (1) (f). Com. v. Harris, 168 Pa. 619 228, n. (23) (d). 612 TABLE OF CASES. Com. v. H.-K. Com. v. Harrold, 204 Pa. 154 48, n. (1) (2) ; 75, n. (2) (a) ; 182, n. (4) (m2). Com. v. Hart, 12 Pa. Super. 605 182, n. (4) (q). Com. v. Hartranft, 77 Pa. 154 38, n. (1) (a). Com. v. Harvey, 36 Pa. Super. 235 92, n. (2) (c), (d). Com. v. Harvey, 51 P. L. J. 380 163, n. (3) (h) ; n. (4) (a) ; 169, n. (2) (d). Com. v. Harvey, 222 Pa. 214 228, n. (24) (q4). Com. v. Hasse, 21 Pa. Super. 291 190, n. (12) (a), (b), (g). Com. v. Hazlett, 14 Pa. Super. 352 187, n. (1) (b) ; n. (4) (f ) ; 228, n. (20) (k). Com. v. Hazlett, 16 Pa. Super. 534 46, n. (11) (c) ; 228, n. (24) (m). Com. v. Heidler, 191 Pa. 375 186, n. (1) (a) ; 187, n. (4) (f ) ; 228, n. (24) (p2). Com. v. Heikes, 26 Pa. 513 43, n. (9) (r) ; n. (12) (c). Com. v. Hill, 185 Pa. 385 167, n. (1) (f), (g) ; 168, n. (1) (b) ; 179, n. (2) (a). Com. v. Hine, 213 Pa. 97 226, n. (1). Com. v. Houghton, 22 Pa. Super. 138 186, n. (1) (a). Com. v. Houghton, 22 Pa. Super. 52 228, n. (9) (e) ; n. (24) (p2). Com. v. Houghton, 31 Pa. Super. 528 228, n. (24) (p2). Com. v. House, 6 Pa. Super. 92 228, n. (20) (c2). Com. v. House, 3 Pa. Super. 304 187, n. (1) (b). Com. v. Howard, 149 Pa. 302 43, n. (3) (z2). Com. v. Hulings, 129 Pa. 317 228, n. (18) (t). Com. v. Hultz, 6 Pa. 469 38, n. (1) (c). Com. v. Button, 32 Pa. Super. 66 141, n. (1) (e). Com. v. Hyde, 39 Pa. Super. 261 187, n. (1) (k). Com. v. Ickhoff, 33 Pa. 80 35, n. (1) (a). Com. v. Isaacman, 33 Pa. Super. 384 182, n. (4) (q). Com. v. Jacoby, 1 Pitts. 481 151, n. (2) (d). Com. v. James, 142 Pa. 32 48, n. (1) (e) ; 182, n. (4) (q). Com. v. Johnson, 5 Pa. Super. 585 198, n. (3) (a) ; 187, n. (2) (b). Com. v. Johnston, 44 Pa. Super. 218 147, n. (4) (j). Com. v. Jones, 90 Pa. 431 48, n. (1) (e). Com. v. Jongrass, 181 Pa. 172 228, n. (24) (s2). Com. v. Judges, 3 Bin. 273 182, n. (2) (b). Com. v. Justice, 34 Pa. 165 48, n. (1) (o2) ; 228, n. (24) (r4), (o3). Com. v. Kaiser, 184 Pa. 493 228, n. (20) (a). Com. v. Kay, 14 Pa. Super. 376 183, n. (2) (m) ; 228, n. (20) (r) ; n. (21) (h), (k);n. (25) (b). Com. v. Keene, 7 Pa, Super. 293 228, n. (21) (a). Com. v. Keeper of Jail, 26 Pa. Super. 191 37, n. (1) (b) ; n. (2) (d);41, n. (1) (d). Com. v. Keeper of Workhouse, 6 Pa. Super. 420 337, n. (2) (d) ; 41, n. (1) (a). Com. v. Keller, 191 Pa. 122 228, n. (19) (a). Com. v. Kloss, 38 Pa. Super. 307 183, n. (2) (p). Com. v. Ketner, 92 Pa. 372 37, n. (1) (d). 613 Com. v. K.-M. TABLE OF CASES. Com. v. Klein, 42 Pa. Super. 66 228, n. (25) (e). Com. v. Kreimbrook, 23 Pa. Super. 511 196 n. (1) (a). Com. v. Kreinbrook, 23 Pa, Super. 511 198, n. (1) (d). Com. v. Layton, 45 Pa. Super. 582 182, n. (4) (a), (z2). Com. v. Lee, 226 Pa. 283 228, n. (20) (x). Com. v. Lenousky, 206 Pa. 277 228, n. (25) (a). Com. v. Light, 195 Pa. 220 228, n. (20) (d). Com. v. Light, 10 Pa. Super. 66 185, n. (2) (a) ; n. (5) (a). Com. v. Loesch, 153 Pa. 502 228, n. (20) (o2). Com. v. Little, 12 Pa. Super. 636 228, n. (26) (b). Com. v. Lombardi, 221 Pa. 31 228, n. (24) (p2). Com. v. Luckey, 36 Pa. Super. 441 43, n. (3) (1). Com. v. Luton, 12 Luz. L. Reg. 63 163, n. (3) (e). Com. v. Mackey, 34 Pa. Super. 1 183, n. (2) (a) ; 185, n. (1) (s). Com. v. Magee, 33 Pa. Super. 257 43, n. (3) (j) ; 161, n. (3) (j). Com. v. Magee, 213 Pa. 443 117, n. (3) (d). Com. v. Martin, 170 Pa. 118 77, n. (1) (b). Com. v. Masonic Home, 188 Pa. 21 77, n. (6) (d). Com. v. Mathues, 210 Pa. 372 2, n. (2) ; 4, n. (2) ; 6, n. (2). Com. v. Maurer, 42 Pa. Super. 170 42, n. (3) ; 182, n. (4) (x2). Com. v. Maxwell, 27 Pa. 444 4, n. (1). Com. v. Maxwell, 34 Pa. Super. 636 43, n. (3) (e3). Com. v. McAleese, 10 Pa. Super. 286 41, n. (1) (e) ; 110, n. (3) ; 117 n. (3) (f). Com. v. McAllister, 1 Watts. 307 43, n. (10) (f). Com. v. McCarter, 98 Pa. 607 89, n. (2) (b) ; 228, n. (24) (c3). Com. v. McClellan, 42 Pa. Super. 504 228, n. (16) (f). Com. v. McDougall, 203 Pa. 291 182, n. (4) (k2). Com. v. McKwayne, 221 Pa. 449 187, n. (1) (b). Com. v. McManiman, 27 Pa. Super. 304 228, n. (9) (f). Com. v. McManus, 143 Pa. 64 228, n. (20) (a) ; n. (22) (a). Com. v. McNaught, 28 Pa. Super. 269 163, n. (3) (f). Com. v. McNaughter, 131 Pa. 55 46, n. (12) (d). Com. v. McWilliams, 11 Pa. 61 228, n. (13) (c) ; n. (27) (a). Com. v. Meads, 29 Pa, Super. 321 228, n. (21) (h). Com. v. Meeser, 19 Pa. Super. 1 182, n. (4) (j2). Com. v. Mellet, 196 Pa. 243 74, n. (1) (s). Com. v. Mika, 171 Pa. 273 228, n. (20) (a). Com. v. Miller, 31 Pa. Super. 317 187, n. (1) (a). Com. v. Miller 31 Pa. Super 309 190 n. (12) (a). Com. v. Mills, 26 Pa. Super. 549 182, n. (4) (q). Com. v. Mitchell 80 Pa. 57 43 n. (1) (g) ; n. (3) (t2) : 98 n. (1) (a); 126, n. (5) (d) ; 228, n. (18) (t). Com. v. Mitchell, 33 Pa. Super. 345 228, n. (11) (e). Com. v. Mitchell, 32 Pa. Super. 345 228, n. (24) (e4). Com. v. Mock, 23 Pa. Super. 51 148, n. (2) (b) ; 183, n. (3) (e) : n. (4) (a). Com. v. Moore, 199 Pa. 160 43, n. (3) (m2) ; 89, n. (2) (c). Com. v. Moore, 99 Pa. 570 230, n. (1) (d). 614 TABLE OF CASES. Com. v. M.-R. Com. v. Morrison, 193 Pa. 613 155, n. (2) (c) ; 228, n. (20) (a) ; 46, n. (10); 230, n. (1) (b). Com. v. Mudgett, 174 Pa. 211 228, n. (11) (b). Com. v. Nagle, 31 Pa. Super. 175 43, n. (3) (p2). Com. v. Nathans, 5 Pa. 124 48, n. (1) (j) ; n. (1) (k) ; n. (2) (a) ; 182, n. (4) (c). Com. v. Newton, 2 Phila. 262 182, n. (4) (r2). Com. v. Nicely, 130 Pa. 261 146, n. (2) (d) ; 228, n. (16) (a). Com. v. Oblender, 135 Pa. 536 92, n. (2) (d) ; 228, n. (24) (q4).; 182, n. (4) (J2). Com. v. O'Donnell, 188 Pa. 23 74, n. (1) (k) ; n. (3) ; 89, n. (2) (a). Com. v. O'Donnell, 7 Pa. Super. 49 102, n. (1) ; n. (2) (c) ; 108, n. (1) ; n. (3) (a) ; 89, n. (3) (a) ; 104, n. (2) (b). Com. v. Ontario Ry., 188 Pa. 205 228, n. (18) (j). Com. v. Order of Solon, 166 Pa. 33 89, n. (1) (a). Com. v. Orr, 138 Pa. 276 185, n. (1) (a) ; 186, n. (1) (a), (e) ; 228, n. (21), (a). Com. v. Owen, 32 Pa. Super. 420 183, n. (5) (b) ; n. (6) (a). Com. v. Pacito, 229 Pa. 328 228, n. (19) (a). Com. v. Peach, 170 Pa. 173 228, n. (19) (a). Com. v. Pearl, 29 Pa. Super. 307 228, n. (20) (h) ; 187, n. (2) (a). Com. v. Pennock, 3 S. & R. 199 228, n. (27) (a). Com. v. Penrod, 1 W. N. C. 65 46, n. (1). Com. v. Penrose, 27 Pa. Super. 101 186, n. (1) (c) ; 228, n. (19) (h); n. (20) (a);n. (21) (c). Com. v. Perkins, 124 Pa. 36 37, n. (1) (e). Com. v. Phila., 157 Pa. 531 228, n. (4) (h) ; n. (18) (y). Com. v. Phila., 180 Pa. 12 77, n. (6) (c). Com. v. Pilnik, 29 Pa. Super. 285 43 n. (7) (r) ; 190, n. (3) (a). Com. v. Pitts. Councils, 34 Pa. 496 34, n. (1). Com. v. Polichinus, 229 Pa. 311 228, n. (16) (f). Com. v. Powell, 23 Pa. Super. 370 183, n. (2) (f) ; 187, n. (1) (b), (g);n. (4) (f);228,n. (24) (1). Com. v. Preston, 188 Pa. 429 228, n. (15) (a). Com. v. Price, 15 Pa. Super. 342 228, n. (1) (a) ; n. (14) (a) ; n. (15) (a); 183, n. (4) (b). Com. v. Price, 45 Pa. Super. 643 182, n. (4) (z2). Com. v. Quinn, 42 Pa. Super. 490 190, n. (12) (b). Com. v. R. R., 132 Pa. 591 228, n. (23) (c). Com. v. R. R., 23 Pa. Super. 235 228, n. (25) ( a). Com. v. R. R., 28 Pa. Super. 173 228, n. (24) (r2), (s2). Com. v. Ramsay, 166 Pa. 642 182, n. (4) (d). Com. v. Razmus, 210 Pa. 609 228, n. (20) (a) ; (r), (k). Com. v. Real Est. Trust Co., 22 Pa. Super. 235 43, n. (6) (h2). Com. v. Reeder, 171 Pa. 505 1, n. (2) ; 12, n. (1). Com. v. Renzo, 216 Pa. 147 228, n. (24) (m). Com. t. Rhoads, 9 Pa. 488 92, n. (2) (b) ; 182, n. (2) (p). Com. v. Ribert, 144 Pa. 413 161, n. (6) (h). Com. v. Roddy, 184 Pa. 274 228, n. (24) (p2). Com. v. Rogers, 15 Pa. Super. 461 108, n. (2) (a) ; 182, n. (4) (q). 615 Com. v. R.-S. TABLE OF CASES. Com. v. Ronemus, 205 Pa. 420 35, n. (1) (c), (d) ; 46, n. (5) (a). Com. v. Roth, 8 Pa. Super. 220 46, n. (3) (a). Com. v. Ruddle, 142 Pa. 144 228, n. (23) (e). Com. v. Ruth, 104 Pa. 294 46, n. (1). Com. v. Rutherford, 8 Dist. 349 9, n. (7). Com. v. Sarnes, 44 Pa. Super. 441 183, n. (4) (b). Com. v. Sayars, 21 Pa. Super. 75 228, n. (20) (h). Com. v. Sheuer, 115 Pa. 178 228, n. (24) (f). Com. v. Schoen, 25 Pa. Super. 211 183, n. (4) (b) ; 228, n. (15) (a);n. (21) (a). Com. v. Scouton, 20 Pa. Super. 503 228, n. (24) (m). Com. v. Seeehrist, 27 Pa. Super. 423 46, n. (5) (b). Com. v. Shick, 61 Pa. 495 92, n. (3). Com. v. Shafer, 32 C. C. 499; 15 Dist. 689, 1906 38, n. (1) (h). Com. v. Shirley, 152 Pa. 170 228, n. (2) (h). Com. v. Shivers, 15 Pa. Super. 579 46, n. (3) (b). Com. v. Shoener, 25 Pa. Super. 526 183, n. (2) (b) ; 186, n. (1) (b);230, n. (1) (g) ; 228, n. (24) (1). Com. v. Shortall, 206 Pa. 165 11, n. (3) (c) ; 37, n. (1) (f ) ; n. (2) (b);42, n. (1) (e). Com. v. Simon, 44 Pa. Super. 538 186, n. (1) (a). Com. v. Singer, 31 Pa. Super, 597 228 n. (13) (f). Com. v. Smith, 2 Pa. Super. 474 146, n. (2) (d) ; 183, n. (4) (a) ; 187, n. (1) (b) ; 228, n. (16) (b) ; n. (25) (v). Com. v. Smith, 200 Pa. 363 182, n. (4) (q). Com. v. Smith, 185 Pa. 553 35, n. (1) (b), (e) ; 46, n. (5) (a). Com. v. Smith, 18 Dist. 1003 240, n. (1) (b). Com. v. Sober, 15 Pa. Super. 520 46, n. (11) (c) ; n. (12) (c). Com. v. Sober, 22 Pa. Super. 22 190, n. (12) (a) ; n. (13) (h) ; 228, n. (17) (e). Com. v. Spencer, 6 Pa. Super. 256 161, n. (3) (h) ; n. (6) (a) ; 187, n. (1) (b); n. (4) (f). Com. v. Spencer, 9 Kulp 159 179, n. (2) (b). Com. v. Stambaugh, 22 Pa. Super. 386 185, n. (1) (m). Com. v. Stanley, 19 Pa. Super. 58 186, n. (1) (c). Com. v. Stanley, 39 Pa. Super. 402 228, n. (1) (c) ; n. (17) (d). Com. v. Steimling, 156 Pa. 400 46, n. (12) (a) ; 230, n. (1) (e). Com. v. Stephens, 9 Pa. Super. 218 43, n. (3) (a2). Com. v. Stillwagon, 13 Pa. Super. 547 151, n. (1) (f ) ; 46. n. (12) (a);228,n. (20) (i). Com. v. Stokely, 4 C. C. 334 9, n. (7). Com. v. Stovas, 45 Pa. Super. 43 186, n. (1) (a). Com. v. Strail, 220 Pa. 483 196, n. (3) (a). Com. v. Strickland, 27 Pa. Super. 309 146, n. (2) (c) ; 182, n. (4) (k2). Com. v. Striepeke, 32 Pa. Super. 82 228, n. (24) (q2). Com. v. Sunderlin, 31 Pa. Super. 349 187, n. (1) (a) ; n. (2) (a). Com. v. Supt. County Prison, 97 Pa. 211 37. n. (2) (d). Com. v. Supt. County Prison. 220 Pa. 401 42, n. (3) ; 182. n. (4) (t), (k2). 616 TABLE OF CASES. Com. v. S.-Z. Com. v. Supt. County Prison, 38 Pa. Super. 594 230, n. (1) (f). Com. v. Swallow, 8 Pa. Super. 539 228, n. (22) (a2). Com. v. Swayne, 1 Pa. Super. 547 185, n. (1) (b) : 186, n. (1) (c) ; 228, n. (20) (d) ; n. (21) (h)! Com. v. Switzer, 134 Pa. 383 228, n. (20) (u2). Com. v. Titman, 148 Pa. 168 74, n. (1) (s) ; 228, n. (24) (z3). Com. v. Tragic, 4 Pa. Super. 159 48, n. (1) (1) ; n. (2) (a) ; 108, n. (2) (a);182,n. (1) (b) ; n. (4) (q). Com. v. Trust Co., 22 Pa. Super. 235 92, n. (3). Com. v. Union Surety Co., 37 Pa. Super. 167 43, n. (7) (e). Com. v. Van Horn, 188 Pa. 143 151, n. (1) (h) ; 155, n. (2) (b) ; 161, n. (6) (a), (e).; 228, n. (21) (a). Com. v. Vanchaski, 42 Pa. Super. 294 228, n. (22) (d2). Com. v. Volquarts, 36 Pa. Super. 190 185, n. (3) (a) ; 186, n. (1) (a); 187, n. (1) (b). Com. v. Wallace, 7 Pa. Super. 405 46, n. (12) (a) ; 151, n. (1) (g) . Com. v. Wallace, 114 Pa. 405 46, n. 11 (a), (c) ; n. (12) (b), (c), (d), (e). Com. v. Walter, 86 Pa. 15 228, n. (31) (a). , Com. v. Ware, 37 Pa. 465 228, n. (11) (c). Com. v. Warner, 13 Pa. Super. 461 186, n. (1) (c) ; 228, n. (21) (a), (b). Com. v. Washington, 202 Pa. 148 228, n. (20) (j). Com. v. Wasson, 42 Pa. Super. 38 185, n. (1) (c) ; 228, n. (19) (c) ; n. (20) (r). Com. v. Weber, 167 Pa. 153 228, n. (16) (b). Com. v. Werntz, 161 Pa. 591 183, n. (2) (a) ; 187, n. (1) (b) ; 190, n. (12) (a). Com. v. Wertheimer, 23 Pa. Super. 192 185, n. (1) (c) ; 228, n. (19) (h);n. (21) (c). Com. v. Wilkinsburg Boro., 37 Pa. Super. 160 183, n. (4) (a) ; 228, n. (19) (a). Com. v. Williams, 41 Pa. Super. 326 190, n. (13) (v) ; 228, n. (24) 0>2). Com. v. Wilson, 186 Pa. 1 161, n. (6) (a) ; 187, n. (4) (a). Com. v. Windish, 176 Pa. 167 146, n. (2) (d) ; 228, n. (16) (b). Com. v. Winkelman, 12 Pa. Super. 497 228, n. (19) (a), (f) ; n. (20) (a), (b);n. (21) (a), (b), (h). Com. v. Yeisley, 6 Pa. Super. 273 228, n. (4) (i). Com. v. Yocum, 37 Pa. Super. 237 183, n. (2) (f ) ; 185, n. (3) (a) ; 187, n. (1) (b);198, n. (2). Com. v. Zappe, 153 Pa. 498 183, n. (4) (e) ; 185 n. (1) (i) ; 186, n. (1) (c) ; 228, n. (19) (a) ; n. (20) (a), (r) ; n. (22) (u2). Com. v. Zillafrow, 207 Pa. 274 228, n. (13) (i). Com. v. Zuern, 16 Pa. Super. 588 228, n. (21) (a). Commonwealth's Ap., 128 Pa. 603 57, n. (1). Commonwealth's Ap., 5 Pa. 267 222, n. (1) (a). Commonwealth Title Co. v. Gray, 150 Pa. 255 187, n. (1) (b) ; 228, n. (26) (a), (b). Compher v. Anawalt, 2 Watts, 490 228, n. (24) (z3). 617 Com-Cra TABLE OF CASES. Cornpton's Est., 30 Pa. Super. 605 229, n. (2) (c). Connell v. O'Neil, 154 Pa. 582 146, n. (2) (b) ; 147, n. (4) (d) ; 148, n. (1) (a);161,n. (1) (c). Connellsville v. Hogg, 156 Pa. 326 228, n. (4) (d) ; n. (8) (m) ; 239, n. (3) (a). Connelly v. Walker, 45 Pa. 449 228, n. (20) (c), (h). Connor v. Schildet, 16 Pa. Super. 88 228, n. (13) (q). Connor v. Traction Co., 173 Pa. 602228, n. (19) (a). Conrad v. Conrad, 36 Pa. Super. 154 228, n. (18) (g) . Conroe v. Conroe, 47 Pa. 198 228, n. (24) (f). Conrow v. Schloss, 55 Pa. 28 141, n. (1) (c) ; 161, n. (8) (a), (c). Constine's Ap., 1 Gr. 242 43, n. (6) (t). Continental Trust Co. v. Devlin, 209 Pa. 380 228, n. (23) (c). Convers v. Vanatta, 24 Pa. 257 228, n. (15) (a). Cook v. Motor Co., 225 Pa. 91 228, n. (24) (m), (n2). Cook v. Mackrell, 70 Pa. 12 228, n. (23) (e). Cooke v. Reinhart, 1 Rawle 317 182, n. (2) (t) ; 233, n. (1) (b) ; 243, n. (1) (h). Cooke v. Telegraph Co., 31 Pa. Super. 431 11, n. (4) (c). Cooley v. Traction Co., 189 Pa. 563 228, n. (19) (1) ; n. (20) (d). Cooper v. Altemus, 62 Pa. 486 228, n. (19) (a) ; n. (20) (w2). Cooper v. Const. Co., 231 Pa. 557 185, n. (1) (t) ; n. (2) (c). Cope v. Kidney, 115 Pa, 228 228, n. (15) (a). Corkery v. O'Neill, 9 Pa. Super. 335 183, n. (4) (a) ; 228, n. (24) (a2). Cornish v. Hooker, 141 Pa. 138 187, n. (1) (b). Cosgrove v. Cummings, 190 Pa. 525 228, n. (22) (a). Cote v. Schoen, 1 Pa. Super. 583 228, n. (20) (p2). Coughanour v. Bloodgood, 27 Pa. 285 243, n. (1) (a). Cougle v. McKee, 151 Pa. 602 228, n. (23) (e), (h). Coulston's Est., 161 Pa. 151 228, n. (18) (1). Countryman's Est., 151 Pa. 577 228, n. (18) (12) ; n. (25) (o). Covanhovan v. Hart, 21 Pa. 495 228, n. (24) (a2), (f2). Cover v. Manaway, 115 Pa. 338 228, n. (23) (h). Coverdill v. Heath, 12 Pa. Super. 15 183, n. (2) (c) ; 187, n. (1) (b);n. (2) (c). Covert v. Irwin, 3 S. & R. 283 228, n. (22) (e2). Cowan's Est., 184 Pa. 339 228, n. (18) (h). Cowen v. Plate Glass Co., 188 Pa. 542 225, n. (1) (a). Cox's Admr. v. Henry, 36 Pa. 445 141, n. (1) (i) ; 244, n. (1) (b). Cox v. Highley, 100 Pa. 249 228, n. (20) (d2). Cox v. Wilson, 25 Pa. Super. 635 186, n. (1) (c) : 228, n. (20) (a), (j);n. (22) (z) ; n. (25) (b). Cox v. Burdett, 23 Pa. Super. 346 228, n. (4) (c), (g) Coxe's Ap., 120 Pa. 98 228, n. (18) (q). Coyle v. Com., 100 Pa. 573 228, n. (20) (v2). Coyle v. R. R., 18 Pa. Super. 235 228, n. (20) (e) Craig's Ap., 38 Pa. 330 43, n. (6) (y), (n2). Craig v. Shippensburg, 11 Pa, Super. 490 228, n. (20) (a) Craig v. Boro., 11 Pa. Super. 490 183, n. (4) (e). 618 TABLE OF CASES. Cra-Dal Crail v. Crail, 6 Pa. 480 228, n. (19) (a). Cramer's License, 23 Pa. Super. 596 228, n. (24) (r2). Crane Marks Co. v. Gordon, 33 Pa. Super. 315 155, n. (1) (a), (g) ; 190, n. (12) (a). Crawford v. City, 23 W. N. C. 141 190, n. (12) (a). Crawford v. McKinney, 165 Pa. 605 82, n. (1) (a) ; 185, n. (3) (a);186,n. (1) (a) ; 228, n. (24) (12). Crawford v. Pyle, 190 Pa. 263 288, n. (15) (a), (g) ; n. (20) (r). Crawford v. Shriver, 139 Pa. 239 43, n. (6) (n). Crawford v. Wittish, 4 Pa. Super. 585 183, n. (4) (e) ; 228, n. (19) (a). Creachen v. Carpet Co., 214 Pa. 15 187, n. (1) (b) ; n. (2) (a) ; n. (4) (f); 196 n. (3) (a) j 225, n. (1) (a) ; 228, n. (22) (a). Crescent Twp. Road, 18 Pa. Super. 160 126, n. (3 (j). Cridland v. Crow, 221 Pa. 618 228, n. (20) (x2). Criland v. Stevens, 9 Pa. Super. 41 228, n. (19) (a). Crissey v. Ry., 75 Pa. 83 228, n. (23) (h). Criswell v. Altemus, 20 Pa. 124 186, n. (1) (a). Croasdale v. Von Boyneburgk, 206 Pa. 15 183, n. (5) (d). Cromelien v. Brink, 29 Pa. 522 126, n. (3) (c) ; 228, n. (17) (a). Cromley v. R. R., 211 Pa. 429 228, n. (23) (f), (h). Crosby v. Massey, 1 P. & W. 229 228, n. (11) (b). Cross v. Tyrone Co., 121 Pa. 387 228, n. (22) (e). Crouse v. Miller, 10 S. & R. 155 228, n. (26) (b). Crown Slate Co. v. Allen, 199 Pa. 239 228, n. (14) (a). Crumley v. Coal Co., 13 Pa. Super. 231 110, n. (2) (a). Crum v. Burke, 25 Pa. 377 228, n. (2) (a). Crutcher v. Com., 6 Whar. 340 46, n. (2) (e) ; 182, n. (2) (z). Culin v. Glass Works, 108 Pa. 220 183, n. (2) (a). Cullum v. Wagstaff, 48 Pa. 300 228, n. (1) (h) ; n. (22) (n). Cumberland Val. R. R. v. Rhoadarmer, 107 Pa. 214 228, n. (17) (d). Cunningham v. Everett, 24 Pa. Super. 469 190, n. (3) (d) ; n. (13) (n);192,n. (2) (b). Cunningham v. MacCue, 31 Pa. 469 228, n. (13) (b). Cunningham v. Patton, 6 Pa. 355 228, n. (20) (c2). Cunningham v. Rogers, 225 Pa. 132 187, n. (1) (b) ; n. (2) (a). Cunningham v. Smith, 70 Pa. 450 228, n. (23) (f). Curtin v. Somerset, 140 Pa. 70 228, n. (21) (i). Cupples Wooden Ware Co. v. Howe, 164 Pa. 85 43, n. (3) (e) (f3). Curtain v. Gephart, 175 Pa. 417 228, n. (19) (a). Curtis v. Patton, 6 S. & R. 135 228, n. (13) (k). Curtis v. Winston, 186 Pa. 492 147, n. (4) (c) ; pages 517, 522, Ap. Custer v. School Dist., 12 Pa. Super. 102 228, n. (22) (e). Cutter v. Pierson, 26 Pa. Super. 10 147, n. (4) (c) ; 161, n. (3) (r). Cycle Co. v. Jones, 12 Pa. Super. 135 198, n. (3) (a). Dailey v. Green, 15 Pa. 118 228, n. (24) (b). Dailey v. Iselin, 200 Pa. 200 228, n. (24) (m). Dailey s Est., 200 Pa. 140 228, n. (18) (q). 619 Dai-Del TABLE OF CASES. Dalmas v. Kemble, 215 Pa. 410 88, n. (3) (a) ; 228, n. (7) (d) ; n. (23) (q). Daniel v. Daniel, 23 Pa. 198 183, n. (2) (q). Daniels v. Com., 7 Pa. 371 228, n. (4) (h); 230, n. (1) (g). Danley v. Danley, 179 Pa. 170 187, n. (4) (b) ; 228, n. (15) (g). Danville etc. R. B. v. Kase, 41 W. N. C. 411 239, n. (2) (t) ; n. (3) (a). Danziger v. Williams, 9 Pa. 234 146, n. (1) (b). Darby v. Sharon Hill 112 Pa. 66 146 n. (2) (h) ; 182 n. (4) (e). Darlington v. Speakman, 9 W. & S. 182 141, n. (1) (f ) ; 232, n. (1) (b). Darrah v. Warnock, 1 P. & W. 21 228, n. (4) (f). D'Arros's Ap., 89 Pa. 51 190, n. (12) (1) ; 228, n. (18) (n2). Daughters of American Revolution v. Schenley, 204 Pa. 572 182, n. (4) (e), (k);231, n. (1) (a). Davenport v. Wright, 51 Pa. 292 161, n. (5) (k) ; 190, n. (12) (a) ; 198, n. (1) (c). Davidson v. Traction Co., 4 Pa. Super. 86 185, n. (3) (a). Davies v. Transit Co., 228 Pa. 176 228, n. (19) (p) ; n. (21) (n). Davis 's Ap., 83, Pa. 348 45, n. (2) (j). Davis v. Barr, 5 S. & R. 516 43, n. (1) (h) ; n. (3) (c3). Davis v. Bigler, 62 Pa. 242 228, n. (19) (a). Davis v. Church, 1 W. & S. 240 228, n. (24) (f). Davis v. Galbraith, 184 Pa. 442 228, n. (20) (a). Davis v. Hood, 13 Pa. 170 182, n. (2) (c) ; 233, n. (1) (a). Davis v. Ins. Co. 5 Pa. Super. 506 82, n. (1) (a) ; 185, n. (3) (a) ; 186, n. (1) (a); 228, n. (24) (12). Davis v. Ins. Co., 40 W. N. C. 569 228, n. (24) (12). Davis v. R. R., 34 Pa. Super. 388 232, n. (1) (f). Dawson v. Condy, 7 S. & R. 366 43, n. (9) (e). Dawson v. Robinson, 3 W. N. C. 453 228, n. (19) (a). Dawson 's Ap., 15 Pa. 488 126, n. (3) (b). Deal v. Bogue, 20 Pa. 228 228, n. (19) (a), (b) ; n. (20) (s) ; n. (22) (c2). Deal v. McCormick, 3 S. & R. 343 228, n. (20) (c). Dean's Ap., 90 Pa. 106 228, n. (24) (J3). Dean v. Herrold, 37 Pa. 150 228, n. (19) (a) ; n. (25) (w). Deaven's Est., 32 Pa. Super. 205 229, n. (2) (h). De Cou Bros. v. Englander, 39 Pa. Super. 243 197, n. (1) (e) ; 199, n. (1) (h). Deemer v. R. R., 212 Pa. 491 71, n. (1) (e). Deford v. Reynolds, 36 Pa. 325 228, n. (23) (h). DeFrance v. DeFrance, 34 Pa. 385 228, n. (23) (d). DeGrote v. DeGrote, 175 Pa. 50 228, n. (24) (m), (p2). DeHaven's Est., 25 Pa. Super. 507 125, n. (1) (h) ; 228, n. (15) (c); n. (18) (k);n. (24) (s3). Deiser v. Sterling, 10 S. & R. 119 235, n. (1) (a). Delany v. Robinson, 2 Whar. 503 228, n. (21) (a). De La Vergue Co. v. Kolischer, 214 Pa. 400 228, n. (18) (u). Delaware & Atl. Tel. Co.'s Case, 37 Pa. Super. 151 80, n. (5). 620 TABLE OF CASES. Del-Dix Delaware Canal Co. v. McKeen, 52 Pa. 117 146. n. (1) (d) : 228, n. (11) (e), (g). Delaware Canal v. Com., 60 Pa. 367 228, n. (1) (a) (b) ; n. (17) (a). Delaware & Hudson Canal Co. v. Barnes, 31 Pa. 1938228, n. (20) (12) ;n. (25) (j). Delaware & Hudson Co. v. Boro., 224 Pa. 387 71, n. (1) (g). Delaware & Hudson Canal Co. v. Genet, 169 Pa. 343 59, n. (4) (d). Delaware & Hudson Canal Co. v. Torrey, 33 Pa. 143 228, n. (20) (h). Delaware Towboat Co. v. Starrs, 69 Pa. 36 228, n. (24) (e2). Dempsey v. Harm, 20 W. N. C. 266 228, n. (11) (a). Dempsey v. Savings Co., 26 Pa. Super. 633 43, n. (3) (p). Denlinger v. P'ower Co., 32 Pa. Super. 418 163, n. (4) ; 168, n. (3). Dennis v. Alexander, 3 Pa. 50 183, n. (4) (m) ; 228, n. (19) (a) ; n. (20) (1). Dennison Twp. Private Road, 13 Pa. Super. 227 182, n. (4) (k) ; 228 n. (1) (a); 231, n. (1) (a). Dennison v. Fairchild, 7 Watts 309 228, n. (24) (f2). Denniston v. Phila. Co., 1 Pa. Super. 599 187, n. (1) (b). Depuy v. Okie, 2 Mona. 769 242, n. (1) (e). De Eoy v. Richards, 8 Pa. Super. 119 187, n. (1) (b), (g) ; n. (3) ; 198, n. (2) (a). Devereaux v. Roper, 1 Phila. 182 43, n. (10) Devers v. Sollenberger, 25 Pa. Super. 64 196, n. (2) (b). Devlin v. Light Co., 198 Pa. 585 228, n. (23) (e). Devlin v. Snellenburg, 132 Pa, 186 228, n. (23) (e). DeWalt v. Bartley, 146 Pa. 525 36, n. (2) (b), (c) ; n. (3) (b), (c). D'Homergue v. Morgan, 3 Whar. 26 228, n. (26) (b) ; n. (30) (h). Diamond St., 196 Pa. 254 42, n. (3) ; 48, n. (1) (v2) ; n. (4) ; 182, n. (1) (b);n. (4) (a), (k). Dick v. Huidekoper, 218 Pa. 380 228, n. (6) (d). Dick v. Williams, 130 Pa. 41 228, n. (8) (p). Dickey v. Norris, 216 Pa. 184 228, n. (18) (g), (u). Didier v. Penna. Co., 146 Pa. 582 228, n. (21) (a). Dietrich v. Addams, 9 W. N. C. 492 187, n. (1) (f) ; n. (4) (f ). Dietrich v. Ins. Co., 32 Pa. Super. 234 147, n. (4) (c) ; 155, n. (1) (a). Dietrich v. Lancaster, 212 Pa. 566 228, n. (24) (b). Dietrich v. Loughran, 29 Pa. Super. 320 242, n. (1) (j). Dikeman v. Butterfield, 135 Pa. 236 74, n. (1) (f). Dillman's Ap., 2 Mona. 733 228, n. (5) (a). Dilworth v. Kennedy, 201 Pa. 388 228, n. (18) (m). Dime Savings Inst. v. Bank, 61 Pa. 391 228, n. (21) (h) ; n. (22) (h). Dimmick v. Sexton, 125 Pa. 334 228, n. (21) (a). Dinan v. Supreme Council, 210 Pa. 456 228, n. (23) (h). Dinan v. Supreme Council, 213 Pa. 489 228, n. (24) (p2). Dingee v. Jackson, 23 Pa. 176 228, n. (22) (p2). Ditmars v. Com., 47 Pa. 335 228, n. (21) (a). Dixon v. Daub, 17 Pa. Super. 168 228, n. (23) (g), (h). 621 Dob-Dun TABLE OF CASES. Doberneck's Ap., 1 Pa. Super. 637 108, n. (2) (a). Dodds v. Dodds, 9 Pa. 315 146, n. (2) (h). Dolan's Ap., 108 Pa. 564 182, n. (4) (a). Donaldson v. Danville Bank, 20 Pa. 245 228, n. (24) (J4). Donoghue's License, 28 Pa. Super. 323 228, n. (24) (s3). Donoghue v. Traction Co., 17 Pa. Super. 582 228, n. (9) (e) ; n. (24) (p2). Dooner v. Canal Co., 164 Pa. 17 228, n. (21) (h). Dorman v. Turnpike Co., 3 Watts 126 228, n. (15) (a). Dormer v. Brown, 72 Pa. 404 66, n. (2) (b). Dorscheimer's Est., 9 Pa. Super. 422 43, n. (17) (i). Dosch v. Diem, 176 Pa. 603 228, n. (21) (h) ; n. (24) (a2). Dotterer v. Scott, 29 Pa. Super. 553 185, n. (3) (a); 186, n. (1) (a). Dotts v. Fetzer, 9 Pa. 88 228, n. (27) (f). Dougherty v. Loebelenz, 9 Pa. Super. 344 228, n. (19) (a). Dougherty v. Cumberland Co., 22 Pa. Super. 591 190, n. (3) (a) ; 191, n. (1) (b). Douglass v. Com., 108 Pa. 559 38, n. (1) (g). Downey Bros. v. R. R. 219 Pa. 32 198, n. (2) (a). Downing v. Baldwin, 1 S. & R. 298 147, n. (1) ; n. (4) (a) ; 161, n. (5) (e);233, n. (2) (b). Doyle v. Com., 107 Pa. 20 43, n. (2) (k) ; n. (5) (t). Doyle v. Reiter, 32 Pa. Super. 251 74, n. (1) (s) ; 228, n. (24) (z3). Doylestown Dist. Co.'s Case, 9 Pa. Super. 86 183, n. (4) (a), (c). - Drape v. Niebaum, 26 P. L. J. 63 43, n. (7) (p). Dreibilbis v. Ebenshade, 6 Pa. Super. 182 228, n. (20) (d), (e) ; n. (21) (k). Drenkle v. Garber, 7 Watts 122 222, n. (1) (f). Drennan's Est., 118 Pa. 176 229, n. (2) (a). Drenning v. Wesley, 189 Pa. 160 185, n. (1) (b) ; 228, n. (24) (p2). Drew v. Com., 1 Whar. 279 230, n. (1) (g). Drexel v. Man, 6 W. & S. 386 38, n. (1) (b) ; 141, n. (1) (c) ; 161, n. (8) (a); 228, n. (11) (c) ; n. (15) (a). Drum v. Uplinger, 9 Pa. Super. 404 43, n. (3) (k). Drumond's Ap., 2 Mona. 775 242, n. (2) (c). Duane v. Addicks, 155 Pa. 124 74, n. (1) (s) ; 228, n. (24) (z3). Dubois v. Glaub, 52 Pa. 238 228, n. (24) (a4). DuBois v. Lord, 5 Watts 49 228, n. (23) (e). Dubois v. Turner, 4 Yeates 361 11, n. (4) (a). Dubosq v. Guardians of the Poor, 1 Bin. 415 228, n. (24) (b). Duff's Road, 66 Pa. 459 228, n. (24) (m). Duff v. Thrall, 39 Pa. Super. 254 240, n. (1) (a). Duffy v. Kaufman, 18 Pa. Super. 362 74, n. (1) (1), (s). Duggan v. B. & 0. R. R., 159 Pa. 248, 256 200, n. (3) (a). Duke v. Gas Co., 220 Pa, 348 228, n. (18) (g). Dull's Ap., 108 Pa. 176 229, n. (2) (a). Duncan v. Kirkpatrick, 13 S. & R. 292 243, n. (1) (b) ; n. (4) (d) ; n. (5) (a), (b). Duncan v. Sherman, 121 Pa. 520 228, n. (22) (b). 622 TABLE OF CASES. Dun-Elb Dungan, Hood & Co. v. Ry., 41 Pa. Super. 61 228, n. (22) (a). Dunmore Boro. School Dist. v. Wahlers, 28 Pa. Super. 35 54, n. (3). Dunmore Sch. Dist. v. Wahlers, 28 Pa. Super. 39 228, n. (24) (e). Duquesne Boro. v. Cole, 7 Pa. Super. 474 43, n. (8) (e). Duquesne Nat. Bank v. Williams, 155 Pa. 48 186, n. (1) (h). Durbin v. Com., 45 Pa. Super. 156 43, n. (7) (w). Durborrow's Ap., 87 Pa. 237 11, n. (4) (b). Duvall v. Darby, 38 Pa. 56 161, n. (6) (a) j 228, n. (11) (a). Dyott's Est., 2 W. & S. 557 99, n. (2) ; 222, n. (1) (a) ; 228, n. (11) (a). i Eakman v. Sheaffer, 48 Pa. 176 161, n. (5) (h) ; 190, n. (12) (a). Eardley v. Keeling, 10 Pa. Super. 339 228, n. (23) (b). Earle v. Arbogast, 180 Pa. 409 228, n. (19) (a), (i). Barley's Ap., 90 Pa. 321 228, n. (24) (z3). Earon v. Mackey, 196 Pa. 452 161, n. (3) (s) ; 228, n. (20) (c2). East Franklin Overseers v. Overseers, 23 Pa. Super. 522 85, n. (2) (d). Easton Boro. v. Neff, 102 Pa. 474 82, n. (1) (a) ; 228, n. (24) (12). Easton Boro. v. Water Co., 97 Pa. 554 77, n. (6) (a). Easton Boro. v. Worthington, 5 S. & R. 130 228, n. (3) (a). Ebersoll v. Krug, 3 Bin. 528 43, n. (2) (q) ; 182, n. (2) (j) ; 228, n. (8) (c). Ebert v. Kaufman, 34 Pa. Super. 487 242, n. (1) (m). Eby v. Guest, 94 Pa. 160 228, n. (1) (d). Eckels v. Stuart, 209 Pa. 285 228, n. (18) (c2). Eckert v. Flowry, 43 Pa. 46 228, n. (23) (e). Eckfeldt's Ap., 13 Pa. 171 45, n. (3) (g). Eckman v. Eckman, 68 Pa, 460 228, n. (20) (r) ; n. (21) (a). Edenburg Boro. Overseers v. Poor District, 5 Pa. Super. 516 85, n. (2) (d) ; 199, n. (1) (b) ; 228, n. (18) (p) ; page 527, Ap. Edgar v. Boies, 11 S. & R. 445 228, n. (25) (a). Edgar v. Edgar, 23 Pa. Super. 220 61, n. (2) (c). Edgeworth Boro, 25 Pa. Super. 554 48, n. (1) (f) ; 56, n. (4) (a) ; 228, n. (24) (n3). Edwards v. Gimbel Bros., 187 Pa. 78 147, n. (4) (g) ; 161, n. (5) (b) ; 228, n. (19) (a) ; n. (20) (d), (g). Edwards v. Woodruff, 25 Pa. Super. 575 228, n. (23) (k). Edwards v. Tracy, 62 Pa. 374 161, n. (5) (p) ; 190, n. (13) (f). Egbert v. Payne, 99 Pa. 239 228, n. (20) (e) ; n. (23) (e), (h), (i). Ege's Ap., 2 Watts 283 126, n. (3) (c). Ege v. Medlar, 82 Pa. 86 228, n. (23) (e). Eichelberger v. Nicholson, 1 S. & R. 430 43, n. (3) (h). Eichert's Est., 155 Pa. 59 43, n. (6) (m), (f2). Eifert v. Lythe, 37 W. N. C. 416 228, n. (24) (h2). Eisaman v. Eisaman, 201 Pa. 11 228, n. (18) (m). Eisenberg v. Fraim, 15 Pa. Dist. 445 82, n. (2) (c) ; 161, n. (6) (f). Eisler v. Marshall, 59 P. L. J. 397 240, n. (1) (b). Eister v. Paul, 54 Pa. 196 228, n. (23) (c), (d), (f). Elbert v. Folwell, 1 W. N. C. 228 190, n. (12) (a). 623 Eld-Eva TABLE OF CASES. Elder Twp. Dist. v. R. R., 26 Pa. Super. 112 232, n. (1) (p). Elderton Boro. Overseers v. Overseers, 2 Pa. Super. 397 85, n. (1) (a); 228, n. (18) (p). Eldred v. Hazlet, 38 Pa. 16 228, n. (1) (b) ; (17) (a). Eldridge v. Francis, 18 Phila. 656 43, n. (9) (d). Election Court, 204 Pa. 92 35, n. (1) (g). Election Case, 65 Pa. 20 48, n. (1) (x) ; 161, n. (4) (r) ; 182, n. (4) (t2). Elk Co. v. Brennan, 203 Pa. 232 228, n. (19) (m); n. (20) (g), (h). Elk Twp. Overseers v. Overseers, 18 W. N. C. 438 85, n. (1) (a) ; n. (2) (d). Elk Township School Dist., 146 Pa. 1 48, n. (1) (e), (k2) ; 182, n. (4) (z). Elkins v. McKean, 79 Pa. 493 228, n. (23) (e). Elkinton v. Fennimore, 13 Pa. 173 228, n. (30) (a). Elliott v. Ins. Co., 66 Pa. 22 228, n. (23) (f). Ellis v. Ins. Co., 9 Pa. Super. 392 228, n. (5) (a) ; n. (8) (g) ; 239, n. (1) (a), (b). Ellis v. Society, 16 Pa. Super. 607 228, n. (30) (b). Ellison v. Hosie, 147 Pa. 336 228, n. (18) (s). Ellmaker v. Buckley, 15 S. & R. 72 228, n. (24) (k), (w3). Elmes v. Elmes, 9 Pa. 166 222, n. (1) (h). Ely v. Eager, 3 Pa. 154 228, n. (26) (a). Emanuel's Est., 13 Pa. Super. 43 228, n. (18) (q). Emerson v. Shoonmaker, 135 Pa. 437 228, n. (4) (f). Emery Lumber Co. v. County, 28 Pa. Super. 451 228, n. (18) (g). English's Ap., 119 Pa. 533 74, n. (1) (i). English v. English, 19 Pa. Super. 586 43, n. (5) (n) ; 61, n. (1). English v. Murtland, 214 Pa. 325 186, n. (1) (a) ; 228, n. (19) (a), Ensminger v. Hess, 192 Pa. 432 147, n. (4) (i) ; 148, n. (2) (b) ; 228, n. (19) (h), (i); (20) (a), (g) ; n. (22) (d). Entwisle v. Carey, 22 W. N. C. 127 228, n. (20) (a). Ephrata Water Co. v. Borough, 24 Pa. Super. 353 228, n. (19) (a). Erie v. Bin, 10 Pa. Super. 381 190, n. (13) (g). Erie v. Grant, 24 Pa. Super. 109 185, n. (5) (a). Erie Bank v. Bramley, 8 Watts, 530 43, n. (3) (e2). Erie City Iron Works v. Barber, 106 Pa. 125 140, n. (13) (f ) ; 228, n. (22) (q2). Erie County's Appeal, 14 Atl. 44 228, n. (24) (g3). Erie R. R. v. Johnson, 101 Pa. 555 228, n. (20) (a). Erie v. Schwingle, 22 Pa. 384 228, n. (15) (a). Erie R, R, v. Smith, 125 Pa. 259 228, n. (20) (12) ; n. (25) (j). Eslen's Est., 211 Pa. 215 105, n. (1) (a) ; 111, n. (1) (b) ; 117, n. (5) (a) ; 120, n. (1) ; 228, n. (18) (k) ; 229, n. (2) (c). Esling's Ap., 89 Pa. 205 182, n. (4) (e). Evans's Est., 150 Pa. 212 146, n. (2) (g). Evans v. Bourse, 215 Pa. 652 228, n. (20) (j). Evans v. Clover, 1 Grant 164 228, n. (24) (m). Evans v. Evans, 155 Pa. 572 228, n. (20) (a). Evans v. Mengel, 1 Pa. 68 228, n. (23) (e). 624 TABLE OF CASES. Eva-Fin Evans v. See, 23 Pa. 88 228, n. (26) (a). Everhart v. Searle, 71 Pa. 256 228, n. (22) (r). Everman's Ap., 67 Pa. 335 43, n. (6) (r). Everson v. Ziegfeld, 22 Pa. Super. 79 88, n. (1) ; 228, n. (30) (d). Ewing v. Cottman, 9 Pa. Super. 444 186, n. (1) (a) ; 187, n. (4) () Ewing v. Filley, 43 Pa. 384 34, n. (1) ; 233, n. (2) (a). Eyster's Appeal, 16 Pa. 372 229, n. (1) (a). Factoryville & Abington Turnpike, 19 Pa. Super. 613 100, n. (2) (b). Fagne's Est., 19 Pa. Super. 638 228, n. (18) (q). Fair's Est. 34 Pa. Super. 263 45, n. (3) (f) ; 190, n. (15) (b). Far v. Swan, 2 Pa. 245 187, n. (4) (b) ; 228, n. (15) (g). Fargo v. Ry., 81% Pa. 266 35, n. (2) (b), (d). Farley v. Ry., 32 Pa. Super. 413 155, n. (1) (b). Farmers' Ins. Co. v. Bair, 82 Pa. 33 228, n. (23) (i) ; n. (24) (a2). Farmers' Ins. Co. v. Simmons, 30 Pa. 299 228, n. (24) (n). Farquhar v. McAlery, 142 Pa. 233 200, n. (4). Farrel v. Ry., 27 Pa. Super. 127 82, n. (4) ; 126, n. (1) (a) ; n. (3) (a); n. (4) (q). Faucett v. Harris, 190 Pa. 98 244, n. (1) (e). Faunce v. Faunce, 20 Pa. Super. 220 228, n. (18) (b2). Fawcett v. Fawcett, 95 Pa. 376 228, n. (20) (d); n. (21) (h), (i). Fay v. Fay, 27 Pa. Super. 328 61 n. (2) (b). Feagley v. Norbeck, 127 Pa. 238 182, n. (2) (1) ; 190, n. (12) (k) ; 228, n. (18) (g). Fearon v. Little, 227 Pa. 348 228, n. (22) (e2). Feig v. Meyers, 13 W. N. C. 123 232, n. (1) (e). Feingold v. Katz, 43 Pa. Super. 333 187, n. (1) (g). Fell v. Betz, 22 Pa. Super. 418 228, n. (18) (t), (p2). Fenn v. McCarrell, 367 228, n. (18) (n). Fermanagh Twp. Overseers v. Overseers, 4 Pa. Super. 573 85, n. (2) (d). Fernald v. Fernald, 5 Pa. Super. 629 228, n. (24) (y2). Ferree v. Young, 6 Pa. Super. 307 50, n. (4) (a). Ferrell v. Reed, 14 Pa. Super. 27 228, n. (20) (a), (j), (m). Fidelity Co.'s Appeal, 11 W. N. C. 104 228, n. (24) (e4). Fidelity Co. v. Harder, 212 Pa. 96 228, n. (18) (g), (h). Fidelity Trust Co.'s Ap., 115 Pa. 157 43, n. (6) (J2). Fidelity Trust Co.'s Ap., 11 W. N. C. 104 44, n. (6) (y). Fidelity Title & Trust Co. v. Bell, 188 Pa. 637 228, n. (15) (a). Fidler v. Hershey, 90 Pa. 363 228, n. (14) (a). Fife v. Com., 29 Pa. 429 46, n. (7) (b) ; 151, n. (1) (h) ; n. (2) (e). Fifth Ward B. & L. Asso. v. Boylan, 198 Pa. 250 196, n. (1) (a). Fifty-fifth Street Case, 16 Pa. Super. 133 231, n. (1) (a). Figard v. Griffith, 1 Pitts. 157 228, n. (18) (c). Finch v. Conrade, 154 Pa. 326 82, n. (2) (a) ; n. (3) (a) ; 190, n. (14) (a), (b);228, n. (11) (a). Findlay v. Phila., 217 Pa. 330 228, n. (18) (s), (u). Fineburg v. Railway, 182 Pa. 97 228, n. (21) (h), (j). 625 40 Fin-Ford TABLE OF CASES. Finley v. Stewart, 56 Pa. 183 228, n. (24) (a2). Finney's Ap., 37 Pa. 323 67, n. (1) (f), (h) ; 182, n. (3) (b) ; 229, n. (2) (a), (e). Finney v. Crawford, 2 Watts 294 43, n. (5) (z) ; n. (7) (1) ; 232, n. (1) (d). First Nat. Bank's Ap., 106 Pa. 68 74, n. (1) (e). First Nat. Bank's Ap., 4 Sad. 297 185, n. (2) (a), (e). First National Bank v. Bank, 114 Pa. 1 228, n. (23) (e). First National Bank v. Coal Co., 210 Pa. 76 228, n. (18) (g), (m). First National Bank v. Crosby, 179 Pa. 63 228, n. (24) (u). First National Bank v. Shreiner, 110 Pa. 188 190 n. (13) (j). First Presbyterian Church, 107 Pa. 543 182, n. (4) (s2). Fish v. Brown, 5 Watts 41 228, n. (23) (h). Fisher v. Gas Co., 138 Pa. 301 187, n. (1) (b). Fisher v. Filbert, 6 Pa. 61 228, n. (22) (o). Fisher v. Kean, 1 Watts 259 182, n. (2) (a), (f). Fisher v. King, 153 Pa. 3 74, n. (1) (s). Fisher v. Larick, 3 S. & R. 319 228, n. (22) (h). Fisher v. Larick, 7 S. & R. 99 228, n. (22) (o). Fisher v. Nyce, 60 Pa, 107 222, n. (1) (e). Fisher v. Penna., 34 Pa. Super. 500 228, n. (20) (12) ; n. (24) (m). Fisher v. R. R., 227 Pa. 635 228, n. (22) (f2). Fisher v. Ruch, 12 Pa. Super. 240 228, n. (24) (d2) ; n. (25) (y). Fitsimmons v. Leckey, 3 P. & W. Ill 228, n. (1) (b). Fitzgerald v. Caldwell, Add. 119 43, n. (2) (y) ; 182. n. (2) (g2). Fitzgerald v. Electric Co., 207 Pa, 118 190, n. (12) (p). Fitzgerald v. Edison Co., 207 Pa. 118 228, n. (20) (a). Fitzgerald v. Illuminating Co., 207 Pa. 118 187, n. (1) (). Fitzolden v. Lee, 2 Dall. 205 243, n. (2) (b), (f). Fitzpatrick v. Engard, 175 Pa. 393 44, n. (3) (a) ; 185, n. (2) (a). Fitzpatrick v. Mortimer, 41 Pa. Super. 587 8S155, n. (1) (a) ; 186, /t \ /I \ " \ / \ / 7 n. (1) (b). Fitzpatrick v. Traction Co., 206 Pa. 335 185, n. (1) (b) ; 228, n. (20) (a), (n);n. (21) (a) ; n. (26) (b). Fitzsimmons v. Lecky, 3 P. & W. Ill 228, n. (17) (a), (d). Fitzsimmons v. Robb, 173 Pa. 645 141, n. (1) (f) ; 150, n. (1 ) (a). Fitzsimmons v. Robb, 193 Pa. 518 228, n. (18) (j), (m). Fitzsimmons v. Salomon, 2 Bin. 436 140, n. (2) (a) ; 146, n. (1) (a). Fitzwater v. Stout, 16 Pa. 22 228, n. (23) (g). Flagg v. Searle, 31 L. I. 101 141, n. (1) (a), (c). Flanigan v. Wetherill, 5 Whar. 280 228, n. (3) (a) ; n. (28) (d) ; 232, n. (j) Fleer v. Reagan, 24 Pa. Super. 170 98, n. (1) (a) ; 228, n. (18) (n2). Fleming's Est., 217 Pa. 279 45. n. (3) (k). Fleming v. Dixon, 194 Pa. 67 228. n. (18) (b). Floyd v. Hotchkiss, 5 Pa. Super. 216 228, n. (24) (g2). Foehr v. R. R., 40 Pa. Super. 7 228, n. (14) (a). Foote v. Product Co., 195 Pa, 190 228, n. (23) (o). Ford v. Anderson, 139 Pa. 261 228, n. (23) (f). 626 TABLE OF CASES. For-Fri Foringer v. Stone Co., 223 Pa. 425 187, n. (1) (g). Forker v. Boro., 130 Pa. 123 228, n. (20) (e). Forney v. Huntingdon Co., 6 Pa. Super. 397 183, n. (5) (b) ; 191, n. (1) (b). Forrest v. Nelson, 108 Pa. 481 228, n. (23) (1). Forsyth v. Matthews, 14 Pa. 100 161, n. (5) (a). Forsyth v. Trust Co., 220 Pa. 60 228, n. (18) (m). Fort Pitt B. & L. Asso. v. Association, 159 Pa. 308 228, n. (3) (g). Foster v. Carson, 147 Pa. 157 228, n. (24) (z3). Fotterall v. Floyd, 6 S. & R. 315 43, n. (6) (v) ; n. (7) (a). Fowler v. Boro., 17 Pa. Super. 366 43 n. (5) (a). Fowler Co. v. Engine Works, 227 Pa. 314 147, n. (4) (j); 187, n. (1) (g). Fowler v. Smith, 153 Pa. 639 228, n. (19) (h). Fox v. Academy, 6 W. & S. 353 228, n. (22) (d2). Fox v. Fox, 96 Pa. 60 228, n, (19) (a). Fox v. Loller, 229 Pa. 539 228, n. (24) (z3). Fox v. Seabury, 14 Dist. 57 155, n. (1) (c). Foy's Election, 228 Pa. 14 182, n. (4) (f). Foy's Case, 224 Pa. 358 228, n. (24) (r2). Fraim v. Ins. Co., 170 Pa. 151 228, n. (17) (f). France v. Ruddiman, 126 Pa. 257 146, n. (2) (h). Franciscus v. Reigart, 4 Watts 98 228, n. (20) (w). Frank v. Colhoun, 59 Pa. 381 228, n. (24) (b). Frankford & Bristol Tpk., 18 Phila. 444 43, n. (5) (e). Frankford & Oxford Turnpike, 21 W. N. C. 346 100, n. (2) (a). Franklin Twp. v. Osier, 91 Pa. 160 126, n. (6) (b). Franklin Ins. Co. v. Updegraff, 43 Pa. 350 185, n. (2) (a). Franklin Ins. Co. v. Gruver, 100 Pa. 266 228, n. (25) (h). Franklin Trust Co. v. R. R., 222 Pa. 96 228, n. (20) (z2). Frankstown Road, 26 Pa. 472 183, n. (3) (c) ; 228, n. (11) (e) ; n. (15) (j). Fraser v. Pittsburg, 41 Pa. Super. 103 80, n. (6) (b). Fraternal Guardian's Est, 159 Pa. 603 239, n. (2) (k). Frazier's Est., 188 Pa. 415 126, n. (1) (a) ; n. (4) (i). Freeh v. Lewis, 32 Pa. Super. 279 228, n. (24) (m). Frederick v. Gray, 10 S. & R. 573 228, n. (24) (a2). Fredericks v. R. R., 157 Pa. 103 228, n. (21) (a). Free's Case, 33 Pa. Super. 348 182, n. (4) (j). Freeland v. R. R., 66 Pa. 91 161, n. (5) (k). Freeman's Est., 227 Pa. 154 228, n. (18) (k). Freeman v. Sanner, 11 Pa. Super. 42 74, n. (1) (s). Freeman v. Pennock, 3 P. & W. 317 228, n. (22) (b). Freiler v. Kear, 126 Pa. 470 83, n. (2). Fretton v. Karcher, 77 Pa. 423 228, n. (23) (e). Fretz's Appeal, 15 Pa. 238 228, n. (24) (e3). Frey v. Wells, 4 Yeates 497 146, n. (1) (f). Frick & Lindsay Co. v. Tel. Co., 44 Pa. Super. 518 43, n. (3) (h3). Fricker v. Bridge Co., 197 Pa. 442 186, n. (1) (c) ; 228, n. (20) (a). Fries v. Penna. R. R., 98 Pa. 142 239, n. (1) (a) ; 228, n. (S) (g). 627 Fri-Gal TABLE OF CASES. Fritz v. Evans, 13 S. & R. 9 235, n. (1) (a). Fritz v. Heyl, 93 Pa. 77 232, n. (1) (e). Fritz v. Ins. Co., 154 Pa. 384 187, n. (1) (b). Fritzius v. Brennan, 28 Pa. Super. 365 190, n. (8). Fritzius v. Brennan, 29 Pa. Super. 365 190, n. (12) (b). Fross's Ap., 105 Pa. 258 45, n. (2) (f). Frothingham v. Powder Co., 8 Sad. 28 228, n. (19) (a). Fry v. Glass Co., 219 Pa. 514 228, n. (8) (g). Fry v. Flick, 10 Pa. Super. 362 183, n. (4) (e) ; 185, n. (1) (b) ; 228, n. (19) (a);n. (23) (h). Fry v. Keiter, 45 Pa. Super. 538 182, n. (4) (e2). Fry v. Spatz, 29 Pa. Super. 592 110, n. (2) (a). Fryberger v. Hotter, 24 Pa. Super. 317 74, n. (1). Fuhnnan's Est., 21 Pa. Super. 27 43, n. (c). FuUer's Est., 41 Pa. Super. 417 228, n. (18) (k). Fuller v. Fisk, 9 Lack. Jur. 299 173, n. (2). Fuller v. Trevor, 8 S. & R. 529 51, n. (3) ; 43, n. (9) (i). Fuller v. Weaver, 175 Pa. 182 228, n. (18) (t) ; n. (31) (g). Fullerton's Est., 146 Pa. 61 146, n. (2) (a); 183, n. (3) (f ) ; 186, n. (2). Fullerton v. Peabody, 2 Pa. Super. 145 228, n. (24) (r2), (y3). Fulliman v. Rose, 160 Pa. 47 228, n. (20) (c). Fulmer v. Com., 97 Pa. 503 146, n. (2) (d). Fulton's Est., 51 Pa. 204 43, n. (2) (c). Fulton v. Peters, 137 Pa. 613 228, n. (30) (d). Fulton v. County, 162 Pa. 294 228, n. (23) (1). Fulweiler v. Baugher, 15 S. & R. 45 228, n. (24) (m3). Furbush's Est., 220 Pa. 166 228, n. (18) (g), (k). Furry v. Stone, 1 Yeates 186 228, n. (4) (f). Gabler v. Black, 210 Pa. 541 43, n. (3) (n) ; 48, n. (1) (u). Galbreath v. Colt, 4 Yeates 551 43, n. (9) (a). Galbraith v. Green, 13 S. & R. 85 161, n. (9) (a). Galbraith v. Phila. Co., 2 Pa. Super. 359 161, n. (1) (i) ; 187, n. (4) (a);228,n. (11) (a) ; n. (20) (d). Galbraith v. Zimmerman, 100 Pa. 374 228, n. (26) (a), (j). Galeton Poor Dist. v. Poor Dist., 18 Pa. Super. 428 85, n. (1) (a) ; 108, n. (2) (a) ; 182, n. (1) (b) ; n. (4) (s). Gallagher's Est., 218 Pa. 609 228, n. (18) (k). Gallagher's Ap., 89 Pa. 29 43, n. (6) (c). Gallagher v. Jackson, 1 S. & R. 492 43 n. (7) (n). Gallagher v. Miller, 2 W. N. C. 241 233, n. (3). Gallagher v. Steam Co., 188 Pa. 95 228, n. (20) (b), (c). Gallagher v. Phila., 4 Pa. Super. 60 228, n. (22) (a). Gallagher v. Stewart, 34 Leg. Int. 232 67, n. (1) (a) ; 146, n. (2) (g). Gallagher v. Davis, 179 Pa. 504 185, n. (1) (q) ; n. (2) (a). Galland v. Schroeder, 21 W. N. C. 103 228, n. (20) (e). Galloway's Est., 5 Pa. Super. 272 45, n. (2) (f ) ; 185, n. (2) (a) ; n. (3) (a);n. (5) (a). 628 TABLE OF CASES. Gam-Gib Gamble v. Woods, 53 Pa. 158 183, n. (4) (a) ; 228, n. (24) (13), (J4). Gangwere's Ap., 61 Pa. 342 48, n. (1) (c) ; 182, n. (3) (c). Gannon v. Fritz, 79 Pa. 303 228, n. (24) (c). Gans v. Drum, 24 Pa. C. C. 481 59, n. (4) (d). Garber v. Com., 7 Pa. 265 43, n. (5) (y). Gardiner v. Marcy, 5 Watts 337 228, n. (20) (g). Gardner v. Lefevre, 1 P. & W. 73; 43, n. (3) (k). Gardner v. McLallen, 4 W. N. C. 435 228, n. (23) (c). Garman's Est., 32 Pa. Super. 494 43, n. (5) (i). Garrett v. Jackson, 20 Pa. 331 228, n. (22) (e2), (p2). Garrett v. Gonter, 42 Pa. 143 228, n. (20) (c). Garvey's Est., 13 Pa. Super. 277 44, n. (6) (i). Gary v. Woodward, 127 Pa. 251 228, n. (20) (c). Gaskell v. Morris, 7 W. & S. 32 228, n. (25) (e), (r). Gaskill v. Crawford, 130 Pa. 28 74, n. (1) (g) ; 228, n. (24) (z3). Gast v. Porter, 13 Pa. 533 228, n. (20) (u). Gates v. R. R., 1 Walk. 427 90, n. (1). Gates v. R. R., 154 Pa. 566 42, n. (3) ; 43, n. (7) (o) ; 47, n. (1) (b) ; 48, n. (4);182,n. (1) (b). Gates v. Johnston, 3 Pa. 52 183, n. (4) (d) ; 228, n. (27) (a). Gates v. Watts, 127 Pa. 20 187, n. (1) (b) ; 228, n. (18) (b). Gavigan v. Refining Co., 3 Pa. Super. 628 228, n. (20) (d). Gay v. Chambers, 37 Pa. Super. 41 228, n. (18) (m). Gaynor v. Quinn, 212 Pa. 362 150, n. (1) (a) ; 228, n. (18) (f2), (g2). Gazzam v. Reading, 202 Pa. 231 228, n. (24) (p2). Gearing v. Lacher, 146 Pa. 397 228, n. (11) (e) ; n. (20) (g). Gehman v. Erdman, 105 Pa. 371 228, n. (21) (h). Geiger v. Welsh, 1 Rawle 349 228, n. (22) (i), (q). Geiselman v. Shomo, 13 Pa. Super. 1 163, n. (3) (i). Gemmill v. Butler, 4 Pa. 232 235, n. (1) (a). George v. Conneaut Twp., 18 Pa. Super. 47 185, n. (2) (u) ; n. (3) (a);n. (5) (a). German Reformed Church v. Com., 3 Pa. 282 77, n. (6) (b). Germantown Ave., 99 Pa. 479 146, n. (2) (a) ; 182, n. (4) (e) ; 228. n. (18) (g). Germantown Ry. Co. v. Walling, 97 Pa. 55 228, n. (11) (a). Gerwig v. Johnston Co., 207 Pa. 585 187, n. (1) (g) ; n. (3) ; 190, n. (12) (q). Gests's Case, 9 S. & R. 317 48, n. (1) (f2). Gheen v. Heyburn, 1 Walk. 148 228, n. (19) (a). Gibberson v. Mills Co., 174 Pa. 369 228, n. (20) (h) ; n. (22) (e). Gibbon's Ap., 104 Pa. 587 11, n. (4) (c). Gibbons v. Hook & Ladder Co., 184 Pa. 608 228, n. (18) (m2). Gibson's Ap., 108 Pa. 244 43, n. (9) (1) ; 228, n. (30) (m). Gibson's Ap., 25 Pa. 191 222, n. (18) (k). Gibson's Est., 228 Pa. 809 228, n. (18) (q). Gibson v. Cummings, 25 Pa. 231 43, n. (8) (b). Gibson v. Simmons, 134 Pa. 189 228, n. (24) (z3). 629 Gib-Gor TABLE OF CASES. Gibson v. R. R., 226 Pa. 198 188, n. (1). Gifford v. County, 142 Pa. 408 48, n. (1) (c) ; 182, n. (3) (i). Gifford v. Gifford, 27 Pa. 202 228, n. (17) (b). Gilchrist v. Hartley, 198 Pa. 132 186, n. (1) (c) ; 228, n. (20) (a). Gilchrist v. Rogers, 6 W. & S. 245 228, n. (20) (h) ; n. (23) (e). Gillespie v. Agnew, 22 Pa. Super. 557 66, n. (1) (d). Gillespie v. Campbell, 1 Sad. 145 126, n. (4) (b). Gillman v. Ry., 224 Pa. 267 228, n. (24) (m). Gilmore v. Hunt, 66 Pa. 321 228, n; (19) (m) ; n. (20) (h). Gilmore v. Dunleavy, 6 Pa. Super. 603 182, n. (4) (g2) j 228, n. (24) (c4). Gilmore v. R. R., 104 Pa. 275 161, n. (4) (g) ; 186, n. (1) (a), (f) ; 228, n. (11) (a); (24) (b). Gimber's Est., 184 Pa. 436 228, n. (18) (g). Ginder v. Bachman, 8 Pa. Super. 405 228, n. (20) (a), (b) ; (21) (a). Ginther v. Boro., 3 Pa. Super. 403 228, n. (30) (d). Girard v. Gettig, 2 Bin. 234 82, n. (1) (a) ; 161, n. (4) (e). Girard Ins. Co. v. Stephenson, 37 Pa. 293 228, n. (20) (x). Girard Trust Co. v. Boyd, 45 Pa. Super. 285 183, n. (2) (u). Girts v. Com., 22 Pa. 351 146, n. (2) (a), (i) ; 183, n. (4) (a) ; 228, n. (1) (b);n. (17) (a). Gish v. Brown, 171 Pa. 479 187, n. (1) (i), (k) ; n. (4) (f). Given v. Given, 25 Pa. Super. 467 61, n. (2) (d) ; 74, n. (1) (m), (s); 228, n. (24) (r2), (a3). Glenfield Boro. Road, 5 Pa. Super. 222 231, n. (1) (a). Glenn v. Copeland, 2 W. & S. 261 228, n. (13) (b). Glenn v. Davis, 2 Grant 153 228, n. (4) (c), (f), (g). Glenn v. Traction Co., 206 Pa. 135 228, n. (24) (b2). Glentworth's Ap., 38 L. I. 342 228, n. (18) (k). Godshalk's Est., 24 Pa. Super. 410 182, n. (2) (f) ; 185, n. (1) (o) ; n. (3) (a). Godshalk's Est., 20 Montg. 118 228, n. (6) (q). Godwin's Est., 22 Pa. Super. 469 43, n. (5) (k) ; n. (6) (y). Goggins v. Risley, 13 Pa. Super. 316 228, n. (18) (j), (m). Goldstein v. Twp., 43 Pa. Super. 158 228, n. (24) (p2). Gonser v. Smith, 115 Pa. 452 228, n. (18) (t). Good's Case, 21 Pa. Super. 625 43, n. (6) (b2). Good v. Good, 2 Mona. 665 222, n. (1) (c) ; 224, n. (1). Good v. Mylin, 13 Pa. 528 228, n. (20) (k2). Goodhart v. Bishop, 142 Pa. 416 190, n. (13) (1). Good Intent Co. v. Hartzell, 22 Pa. 277 185, n. (2) (a) ; n. (3) (a) ; n. (4) (a);228,n. (13) (b). Goodman v. Gay, 15 Pa. 188 232, n. (1) (m). Goodwin v. Slusher, 3 Sad. 464 228, n. (30) (b). Googe v. Gaskill, 18 Pa. Super. 39 228, n. (18) (i). Gordon v. Gordon, 208 Pa, 186 61, n. (2) (b). Gordon v. Kennedy, 2 Bin. 287 228, n. (13) (r). Gordonier v. Billings, 77 Pa. 498 182, n. (3) (a). Gorgas v. R. R., 144 Pa. 1 228, n. (22) (y). 630 TABLE OF CASES. Gos-Gri Gosline v. Place, 32 Pa. 520 11, n. (3) (a), (c) ; 37, n. (2) (a), (d);42n. (1) (a), (c) ; 48, n. (2) (b). Goswiler's Est., 3 P. & W. 200 126, n. (3) (d). Gottschall v. Campbell, 20 Dist. 012 1, n. (1). Gottlieb v. Middleberg, 23 Pa. Super. 525 43, n. (7) (h), (v) ; 74, n. (1) (s). Gould v. McFall, 118 Pa. 455 243, n. (2) (a), (c). Graff & Co.'s Est., 146 Pa. 415 43, n. (6) (d). Graff v. Barrett, 29 Pa. 477 190, n. (12) (a). Graff v. R. R., 31 Pa. 489 228, n. (23) (f). Graham v. County, 16 Pa. Super. 180 43, n. (9) (j). Graham v. Graham, 1 S. & R. 330 228, n. (20) (1). Graham v. Keys, 29 Pa. 189 228, n. (4) (f). Graham v. Moore, 4 S. & R. 467 228, n. (22) (k). Graham v. Smith, 25 Pa. 323 228, n. (21) (a) ; n. (23) (g). Gram's Ap., 4 Watts 43 228, n. (1) (b) ; n. (1) (a). Grambs v. Lynch, 4 Penny. 243 228, n. (20) (x). Grand Lodge A. 0. U. W., 110 Pa. 613 43, n. (5) (x) ; 182, n. (4) (s2); 228, n. (24) (w2). Grant v. Com., 71 Pa. 495 46, n. (10) ; 161, n. (5) (x) ; n. (6) (h) ; 230, n. (1) (b). Grant v. Rodgers, 6 Phila. 132 243, n. (2) (a). Grantz v. Price, 130 Pa. 415 228, n. (11) (a) ; n. (19) (a). Grasser v. Eckart, 1 Bin. 575 228, n. (11) (e). Gratz v. Gratz, 4 Rawle 411 161, n. (5) (p). Gratz v. Phillips, 14 S. & R. 144 228, n. (24) (n3). Gravel v. Wolfe, 185 Pa. 83 228, n. (18) (t). Gravenstein v. Feger, 42 L. I. 407 225, n. (1) (b). Gravenstine's Ap., 2 Penny. 61 43, n. (6) (b). Gray's Ap., 96 Pa. 243 228, n. (24) (h3). Gray v. Com., 101 Pa. 380 228, n. (24) (p2). Gray v. Gas Co., 206 Pa. 303 228, n. (2) (c) ; n. (6) (k) ; n. (7) (b). Graybill v. Dietrich, 32 Pa. Super. 482 185, n. (1) (h), (o). Greason's Case, 205 Pa. 630 225, n. (1) (d) ; 226, n. (1). Greber v. Kleckner, 2 Pa. 289 228, n. (20) (h) ; n. (22) (n). Green v. Boyd, 13 Pa. Super. 651 74, n. (1) (s) ; 228, n. (24) (z3). Green v. Com., 83 Pa. 75 228, n. (20) (a). Green v. Duffee, 231 Pa. 393 117, n. (2) (a), (f). Green v. Paint Co., 25 Pa. Super. 415 11, n. (4) (c) ; 44, n. (5) (b); 213, n. (1); 239, n. (2) (q). Green v. Thompson, 172 Pa. 609 161, n. (5) (b). Green v. Mills, 103 Pa. 22 45, n. (2) (b) ; 67, n. (1) (i). Green Twp. Poor Dist. v. Poor Dist., 5 Pa. Super. 199 85, n. (1) (b). Greenawalt v. Dixon, 194 Pa, 363 228, n. (18) (m). Greene v. Tyler, 39 Pa. 361 43, n. (5) (r). Greenhoe v. College, 144 Pa. 131 190, n. (12) (a). Gregg Twp. v. Jamison, 55 Pa. 468 228, n. (20) (b), (c). Gribbel v. Brown, 202 Pa. 10 228, n. (18) (k2). Greib v. Kuttner, 135 Pa. 281 48, n. (2) (a); 182, n. (4) (i). Grier v. Boro., 6 Pa. Super. 542 187, n. (1) (b) ; n. (2) (e) ; 228, n. (25) (f). 631 Gri-Hal TABLE OF CASES. Griesmer v. Hill, 225 Pa. 545 188, n. (1). Griffith's Appeal, 16 W. N. C. 249 228, n. (24) (z3). Griffith v. Edwards, 10 W. N. C. 271 228, n. (24) (m4.) Griffith v. Eshelman, 4 Watts 51 228, n. (8) (c). Griffith v. Sitgreaves, 81 Pa, 378 50, n. (4) (a). Grim's Est., 33 Pa. Super. 587 45, n. (3) (d). Groff's Est., 36 Pa. Super. 140 228, n. (24) (r2). Groff v. Trust Co., 32 Pa. Super. 416 11, n. (4) (c) ; 213, n. (1). Groff v. Trust Co., 38 Pa. Super. 567 45, n. (2) (g). Groft v. Weakland, 34 Pa. 304 228, n. (22) (a). Groll v. Gegenheimer, 147 Pa. 162 74, n. (1) (p). Gropp v. Steel Co., 4 Pa. Super. 621 228, n. (23) (d). Grothe's Est., 229 Pa, 186 228, n. (15) (a). Grubb's Appeal, 82 Pa. 23 182, n. (2) (k). Guarantee Trust Co. v. Stover, 17 Dist. 684 228, n. (18) (n). Guckavan v. Traction Co., 203 Pa. 521 228, n. (16) (b). Guemple v. Traction Co., 224 Pa. 327 187, n. (4) (e). Guffey's Ap., 7 Pa. Super. 478 43, n. (3) (i2) ; 182, n. (4) (a2). Guhr v. Chambers, 8 S. & R. 157 232, n. (1) (c). Guillon v. Redfield, 205 Pa. 293 161, n. (6) (a). Gundaker v. Ehrgott, 209 Pa. 284 228, n. (18) (m). Gunn v. Bowers, 2 Mona. 663 43, n. (2) (u). Gunn v. Bowers, 126 Pa. 552 43, n. (2) (u) ; 141, n. (1) (e) ; 228, n. (18) (w);232, n. (3) (a), (b). Guthrie v. Reid, 107 Pa. 251 141, n. (1) (g) ; 228, n. (12) (j) ; n. (28) (d);n. (29) (f). Guthrie v. Wilson, 40 Pa. 430 182, n. (2) (b) ; 228, n. (11) (a). Guyer v. Port, 155 Pa. 322 228, n. (18) (b). Guyer v. Spotts, 85 Pa. 51 163, n. (3) (f). Gyger's Ap., 15 W. N. C. 513 71, n. (1) (f). H. T.'s Case, 2 Penny. 84 53, n. (1). H. v. T., 208 Pa. 233 196, n. (3) ; n. (11) (a). Haag v. Knights of Friendship, 7 Pa. Super. 425 185, n. (3) (a) ; n. (4) (a);n. (5) (a). Haas v. Evans, 5 W. & S. 252 228, n. (3) (a). Hade v. R. R., 42 Pa. Super. 488 43, n. (3) (z2). Hafer v. McKelvey, 23 Pa. Super. 202 191, n. (1) (b). Haggerty v. Boro., 17 Pa. Super. 151 43, n. (10) (c). Haines v. Com., 99 Pa. 410 149, n. (1) (a), (b) ; 151, n. (1) (c) ; n. (4) (a), (b) ; 161, n. (2) ; n. (6) (h) ; n. (7) (t) ; n. (8) (a), (d). Haines v. Com., 100 Pa. 317 161, n. (7) (c) ; 228, n. (11) (a). Haines v. Koons, 5 Kulp. 52 43, n. (9) (f). Haines v. Youn?, 13 Pa. Super. 303 190, n. (13) (i). Haines v. Stauffer, 13 Pa. 541 288, n. (22) (h2). Hake v. Fink, 9 Watts 336 228, n. (24) (a2). Halahan v. Cassidy, 12 Pa. Super. 227 183, n. (5) (b), (c) ; 228, n. (9) (c);n. (24) (z3). Haldeman v. Martin, 10 Pa. 369 228, n. (22) (J2). 632 TABLE OF CASES. Hal-Har Hale v. Hale, 32 Pa. Super. 37 228, n. (24) (m). Hale Mfg. Co. v. Norcross, 199 Pa. 254 228, n. (18) (i) Haley v. Chemical Co., 224 Pa. 316 88, n. (1) (b) ; 185, n. (2) (a) ; 186, n. (1) (a). Half man v. Ins. Co., 160 Pa. 202 228, n. (20) (a). Hall's App 56 Pa 238-43 , n. (3) (c2) ; 44, n. (6) (w) ; 48, n. (1) (n2); 182, n. (2) (a2). Hall v. Dunham, 1 W. N. C. 487 228, n. (20) (a). Hall v. Haines, 38 Pa. Super. 517 49, n. (2) (b) Hall v. Lacy, 37 Pa. 366 43, n. (3) (q2) ; n. (9) (1). Hall v. Law, 2 W. & S. 121 228, n. (13) (b). Hall v. Oyster, 168 Pa. 399 182, n. (4) (h). Hall v. Phillips, 164 Pa. 494 186, n. (1) (a). Hall v. Stanton, 2 W. N. C. 578 187, n. (1) (b). Hall v. Vanderpool, 156 Pa. 152 228, n. (24) (m). Haller's Case, 44 Pa. Super. 41 126, n. (4) (h). Hallock v. Lebanon, 215 Pa. 1 82, n. (1) (b) :'l87, n. (1) (g) ; n (2) (a); 228, n. (24) (12). Hallowell's Ap., 20 Pa. 215 67, n. (1) (f), (h) ; 182, n. (3) (b) ; 229, n. (2) (d). Hallowell v. Canning Co., 16 Pa. Super. 60 43, n. (2). Ham v. Canal Co., 142 Pa. 617 228, n. (22) (m). Hambright's License, 42 Pa. Super. 498 182, n. (4) (j). Hamet v. Dundass, 4 Pa. 178 228, n. (20) (1). Hamilton v. Aslin, 3 Watts 222 239, n. (2) (d). Hamilton v. Menor, 2 S. & R. 70 228, n. (22) (h), (n). Hamilton v. Moore, 4 W. & S. 570 161, n. (5) (e), (n). Hamilton v. Railroad Co., 194 Pa. 1 228, n. (19) (a) ; n. (20) (a). Hamilton v. Pitts, etc. R. R. Co., 190 Pa. 51 228, n. (22) (k). Hamilton Street, 148 Pa. 640 182, n. (4) (a), (d) ; 183, n. (4) (a) ; 231, n. (1) (a). Hamner v. Griffith, 1 Gr. 193 43, n. (5) (w). Hancock v. Melloy, 187 Pa. 471 228, n. (18) (h). Hanforth v. Ry., 213 Pa. 365 228, n. (24) (p2). Hanhouser v. R, R., 222 Pa. 240 163, n. (1) (b) ; 228, n. (6) (f). Hanna v. Clark (No. 2), 204 Pa. 149 228, n. (18) (g). Hannay v. Stewart, 6 Watts 487 228, n. (23) (e) ; n. (25) (r). Hannum v. Ry., 221 Pa. 454 228, n. (7) (f). Hanover Turnpike Co. v. Craighead, 5 Pa. 470 182, n. (2) (h). Hanscom v. Chipin, 27 Pa. Super. 546 74, n. (1) (o). Hapgood Shoe Co. v. Saupp, 7 Pa. Super. 480 182, n. (1) (b) ; n. (4) (i). Harbinson's Est., 145 Pa. 456 228, n. (18) (q), (e2). Harding 's Est., 24 Pa. 189 228, n. (18) (k), (q). Harding v. Lloyd, 3 Pa. Super. 293 183, n. (4) (e) ; 228, n. (11) (a);n. (20) (g). Hardoncourt v. Iron Co., 225 Pa. 379 88, n. (3) (a) ; n. (4) (a) ; 126, n. (3) (f); 228, n. (3) (e). Hare v. Rice, 142 Pa. 608 48, n. (5) (b). 633 Har-Hau TABLE OF CASES. Harger v. Commissioners, 12 Pa. 251 43, n. (2) (a2) ; 182, n. (2) (i2); 243, n. (2) (a). Harger v. McMains, 4 Watts 418 228, n. (23) (h). Barker v. Elliott, 7 S. & R. 284 228, n. (18) (s). Barker v. Orr, 10 Watts 245 228, n. (8) (o). Harley v. Ins. Co., 21 W. N. C. 403 228, n. (27) (a), (c). Harlow v. Homestead Borough, 194 Pa. 57 228, n. (23) (h), (k). Harmony v. R. R., 222 Pa. 631 228, n. (25) (j). Harper v. Keely, 17 Pa. 234 228, n. (5) (a) ; n. (7) (a), (d). Harper v. Kean, 11 S. & R. 280 228, n. (23) (m). Harper v. Roberts, 22 Pa. 194 43, n. (1) (h) ; 126, n. (5) (a). Harris v. Harris, 35 L. I. 124 228, n. (24) (d4) ; 243, n. (3) (f). Harris v. Mercur, 202 Pa. 313 98, n. (2). Harris v. R. R., 156 Pa. 252 161, n. (3) (p) ; 183, n. (2) (c) ; n. (4) (a). Harris v. Sharpies, 202 Pa. 243 121, n. (2) (d). Harris v. Sheldon, 1 Mona. 188 182, n. (2) (i). Harris v. Traction Co., 180 Pa. 184 148, n. (1) (a) ; 155, n. (1) (a), (h). Harris's Petition, 15 Pa. Super. 471 119, n. (1) (a); 181, n. (1) (a); 190, n. (14) (a). Harrisburg Bank v. Forster, 8 Watts 304 228, n. (20) (c). Harrisburg v. Forster, 39 Pa. Super. 238 80, n. (6) (a), (b). Harrisburg, etc. Turnpike Co. v. County, 225 Pa. 467 228, n. (9) (b). Harshman v. Twp., 11 Pa. Super. 638 185, n. (2) (a); n. (3) (a). Hart v. Cooper, 129 Pa. 297 46, n. (5) (d) ; 146, n. (2) (i) ; 182, n. (4) (i). Hart v. Gregg, 10 Watts 185 228, n. (25) (c), (e). Hart v. Girard, 56 Pa. 23 228, n. (20) (c). Hart v. Borough, 56 Pa. 23 228, n. (21) (h). Hart v. Weidzelski, 9 Kulp 313 243, n. (4) (b). Hartje v. Hartje, 35 Pa. Super. 14 61, n. (2) (f ) ; 113, n. (1) (b) ; 228, n. (6) (e). Hartley v. Weideman, 28 Pa. Super. 50 228, n. (11) (e) ; n. (24) (b), (e4). Hartman v. Ins. Co., 21 Pa. 466 228, n. (17) (d), (f), (J2). Hartman v. Incline Plane Co., 11 Pa. Super. 438 228, n. (21) (g). Hartman v. Pulley Co., 38 Pa. Super. 587 117, n. (3) (e). Hartman v. Stahl, 2 P. & W. 223 132, n. (1) (c). Hartman v. Shaffer, 71 Pa. 312 187, n. (1) (b). Harton v. Harton, 28 Pa. Super. 492 148, n. (1) (g). Harvey v. Pollock, 148 Pa. 534 74, n. (1) (n). Haslage's Ap., 37 Pa. 440 228, n. (24) (m4). Haspel v. Lyons, 41 Pa. Super. 285 228, n. (24) (m4). Hasson v. Klee, 168 Pa. 510 228, n. (20) (e). Hastings Water Co. v. Boro., 216 Pa. 178 150, n. (1) (a) ; 228, n. (18) (f2). Hauck v. Tidewater Pipe Line Co., 153 Pa. 366 187, n. (1) (b). Haught v. Irwin, 166 Pa. 548 71, n. (1) (a). Haughey v. Ry., 210 Pa. 367 43, n. (7) (b), (i). 634 TABLE OF CASES. Hau-Hen Haupt v. Haupt, 15 Atl. 700 228, n. (25) (w). Haverly v. Mercur, 78 Pa. 257 82, n. (1) (b) ; 182, n. (2) (m) j 228, n. (24) (12). Hawes v. O'Reilly, 126 Pa. 440 187, n. (1) (b) j n. (3). Hawk v. Jones, 24 Pa. 127 43, n. (1) (a) ; n. (3) (j2) ; 84, n. (1) (p) ; 182, n. (2) (q), (b2). Hawkins v. Weightman, 1 W. N. C. 370 228, n. (24) (z3). Hawley v. Griffith, 187 Pa. 306 228, n. (18) (r). Hawn v. Stoler, 22 Pa. Super. 307 88, n. (4) (a) ; 126, n. (3) (f ) ; 228, n. (3) (e);n. (23) (1). Haydenville Mining Co. v. Steffler, 17 Pa. Super. 609 228, n. (19) (a), (d);n. (20) (a), (b), (e). Hayes v. Railroad, 195 Pa. 184 228, n. (21) (h). Hayes's Est., 23 Pa. Super. 570 228, n. (18) (q). Hayes's Election, 214 Pa. 551 102, n. (2) (b) j 108, n. (2) (d) ; n. (3) (e). Hays v. Carter, 226 Pa. 468 228, n. (18) (b). Hays v. Paul, 51 Pa. 134 228, n. (22) (k). Hays v. R. R., 195 Pa. 184 228, n. (19) (1). Hays v. Tryon, 2 Miles 208 43, n. (2) (e). Hazen v. Com., 23 Pa. 355 34, n. (1) ; 46, n. (5) (c) ; n. (6). Hazlett v. Bragdon, 7 Pa. Super. 581 228, n. (23) (c). Headley v. Renner, 129 Pa. 542 186, n. (1) (a) ; 228, n. (30) (d). Heckert's Ap., 13 S. & R. 104 132, n. (2) (d) ; 228, n. (30) (o). Hector Twp. Road, 19 Pa. Super. 120 231, n. (1) (a). Hedderson v. Hedderson, 35 Pa. Super. 629 61, n. (2) (a). Hedricks v. Township, 16 Pa. Super. 508 228, n. (23) (b). Heffley v. Poorbaugh, 7 Sad. 49 228, n. (20) (a). Heffner v. Chambers, 121 Pa. 84 228, n. (22) (p), (e2). Heh v. Gas Co., 201 Pa. 443 228, n. (23) (e), (h). Heilbruner v. Wayte, 51 Pa. 259 228, n. (19) (b). Heilman v. McKinstry, 18 Pa. Super. 70 126, n. (4) (r) ; 228, n. (13) (j). Heilman v. R. R., 180 Pa. 627 239, n. (2) (s) ; n. (3) (b). Heilner v. Tails Co., 9 Pa. Super. 78 228, n. (24) (z3). Heister v. Laird, 1 W. & S. 245 228, n. (20) (h). Heitzenreither v. Bank, 4 Pa. Super. 524 228, n. (22) (k). Helzer v. Helzer, 187 Pa. 243 186, n. (1) (i) ; 228, n. (22) (s) ; n. (23) (n). Hemphill v. McClimans, 24 Pa. 367 228, n. (24) (a2). Hendrick v. Hutchinson, 165 Pa. 208 228, n. (20) (g). Hennessy v. Anstock, 19 Pa. Super. 644 183, n. (2) (t) ; 185, n. (2) (a);n. (3) (a) ; n. (5) (b). Henning v. Keiper, 43 Pa. Super. 127 240, n. (1) (c). Henning v. Keiper, 37 Pa. Super. 488 196, n. (2) (e). Henry v. Martin, 1 W. N. C. 277 222, n. (1) (i). Henry v. Heilman, 114 Pa. 499 228, n. (3) (c). Henry v. Klopper, 137 Pa. 178 228, n. (20) (i2). Henry v. Zurflieh, 203 Pa. 440 228, n. (15) (a). 635 Hen-Hoa TABLE OF CASES. Hentzler v.Weniger, 32 Pa. Super. 164 185, n.(l) (j) ; 199, n.(l) (f). Henwood v. Cheeseman, 3 S. & R. 500 228, n. (20) (1). Hepburn's Appeal, 65 Pa. 468 228, n. (1) (a) ; n. (17) (a). Herbert v. Rainey, 162 Pa. 525 228, n. (19) (p). Herbst's Ap., 90 Pa. 357 43, n. (6) (d). Herdic v. Bilger, 47 Pa. 60 228, n. (23) (e). Herlehy v. Shrader, 20 Pa. Super. 438 155, n. (1) (a) ; 196, n. (1) (a). Hermann's Est., 226 Pa. 543 288, n. (18) (k). Herr v. Keemer, 1 Lane. L. Rev. 337 239, n. (2) (b). Herrick Twp. Road, 16 Pa. Super. 579 182, n. (4) (e), (k). Herrington's Est., 17 Pa. Super. 530 190, n. (12) (f) ; n. (18) (q) ; page 529, Ap. Herrington v. Guernsey, 177 Pa. 175 228, n. (21) (h), j). Hersbey v. Hershey, 8 S. & R. 333 228, n. (20) (c) (e). Herstine v. R. R., 151 Pa. 244 228, n. (19) (p). Hess v. R. R., 181 Pa. 492 228, n. (19) (o). Hessel v. Fritz, 124 Pa. 229 43, n. (5) (a2) ; n. (7) (1). Hessel v. Bradstreet Co., 141 Pa. 501 189, n. (1) (a). Heydrick v. Hutchison, 165 Pa. 208 228, n. (21) (h). Heyer v. Piano Co., 6 Pa. Super. 504 228, n. (20) (a). Hickernell's Appeal, 90 Pa. 328 228, n. (24) (z3). Hicks v. Harbison-Walker Co., 212 Pa. 437 228, n. (26) (b). Higgins Carpet Co. v. Latimer, 165 Pa. 617 228, n. (24) (b). High v. Berrett, 148 Pa. 261 228, n. (20) (i). Hilbish v. Cathermen, 60 Pa. 444 71, n. (1) (h). Hilborn v. Wilson, 17 Pa. C. C. 346 59, n. (4) (d). Hill v. Trust Co., 108 Pa. 1 82, n. (3). Hill v. Egan, 160 Pa. 119 146, n. (2) (b) ; 147, n. (4) (d) ; 148, n. (1) (a); 155, n. (1) (a); 161, n. (6) (c). Hill v. Hill, 42 Pa. 198 161, n. (5) (q). Hill v. Canfield, 56 Pa, 454 228, n. (22) (c2) ; n. (23) (h). Hill v. Meyers, 43 Pa. 170 228, n. (26) (a). Hill v. Newman, 38 Pa. 151 43, n. (2) (t). Hill v. Prescott, 31 L. L 373 228, n. (17) (d). Hill v. Tionesta Twp., 129 Pa. 525 228, n. (11) (e). Hill v. West, 1 Bin. 486 232, n. (1) (b). Hilliard v. Supply Co., 224 Pa. 132 44, n. (6) (n). Hilliard v. Supply Co., 221 Pa. 503 228, n. (24) (i3). Hilskell v. Bank, 89 Pa. 155 228, n. (22) (e2). Himblewright v. Armstrong, 25 Pa. 428 190, n. (12) (c) ; n. (13) (b). Himes v. Kiehl, 154 Pa. 190 228, n. (19) (m). Hineman v. Matthews, 138 Pa, 204 228, n. (23) (i). Hinnershitz v. Traction Co., 206 Pa. 91 126, n. (3) (e). Hirschlan v. Krechman, 20 Pa. Super. 227 74, n. (1) (s). Hirsh's Est., 41 Pa. Super. 367 228, n. (18) (k). Hise's Est., 5 Watts 157 43, n. (6) (12) ; 229, n. (1) (a). Hiyer v. Haywood, 14 Pa, Super. 56 242, n. (2) (f). Hoag v. Knights of Friendship, 7 Pa. Super. 425 185, n. (1) (a). Hoag v. R. R., 85 Pa. 293 228, n. (23) (c). 636 TABLE OF CASES. Hoa-Hos Hoar v. Flegal, 1 Penny. 208 228, n. (31) (a). Hoar v. Leaman, 15 Atl. 716 228, n. (26) (a). Hobel v. Ry., 229 Pa. 507 187, n. (1), (g). Hobson v. Croft, 9 Pa. 353 228, n. (15) (g). Hocker v. Jamison, 2 W. & S. 438 161, n. (5) (i), (w) ; 228, n. (21) (i). Hoff v. Hamilton, 28 Pa. Super. 76 190, n. (12) (a), (h). Hoff a 's Appeal, 82 Pa. 297 228, n. (24) (m4). Hoffa v. Person, 1 Pa. Super. 357 228, n. (11) (e) ; n. (15) (b). Hoffer v. Wightman, 5 Watts 205 228, n. (11) (e) ; n. (15) (i). Hoffman's Est., 37 Pa. Super. 548 190, n. (12) (a). Hoffman's Est., 12 Dist. 770 239, n. (2) (1). Hoffman v. R. R., 143 Pa. 503, 157 Pa. 174 288, n. (31) (f). Hoffman v. Clough, 124 Pa. 505 228, n. (22) (e). Hoffman v. Hafner, 211 Pa. 10 243, n. (1) (a), (b) ; n. (3) (e). Hogsett v. Iron & Steel Co., 15 Pa. Super. 474 117, n. (6) ; 120, n. (2) (a). Hohenstein v. Perelstine, 37 Pa. Super. 540 228, n. (18) (m). Holden v. Cole, 1 Pa. 303 147, n. (4) (b). Holden v. McMakin, 1 Pars. 270 43, n. (3) (a). Holden v. R. R., 169 Pa. 1 146, n. (2) (d) ; 288, n. (16) (b), (d). Holden v. Winslow, 18 Pa. 160 228, n. (23) (i). Holland v. Kindregan, 155 Pa. 156 228, n. (23) (f). Holland v. White, 120 Pa. 228 182, n. (4) (c) ; 228, n. (24) (u). Holland v. Iron Works, 9 Pa. Super. 261 50, n. (4) (a). Hollander's Ap., 11 Pa. Super. 23 146, n. (2) (c). Holliday v. Rheem, 18 Pa. 465 228, n. (19) (a) ; n. (20) (h). Hollidaysburg Seminary v. Gray, 45 Pa. Super. 426 228, n. (26) (h). Hollinger v. Ry., 225 Pa. 419 228, n. (9) (b) ; n. (20) (h2) ; n. (29) (k). Holmes v. Traction Co., 199 Pa. 229 228, n. (23) (p). Holthouse v. Rynd, 155 Pa. 43 187, n. (1) (b). Holton v. Ry., 138 Pa. Ill 185, n. (2) (h). Hommel v. Lewis, 104 Pa. 456 228, n. (22) (a2). Hood v. Hood, 2 Grant 229 288, n. (22) (h), (r) ; n. (25) (a), (n). Hoon v. Miller, 33 C. C. 7 167, n. (1) (c). Hope Hose Co.'s Ap., 2 W. N. C. 451 44, n. (6) (o). Hopkins v. Com., 50 Pa. 9 46, n. (7) (a), (b) ; 151, n. (2) (e) ; 161, n. (5) (x). Hoopes v. Bradshaw, 231 Pa. 485 33, n. (4) (a). Hopper v. McMurray, 13 L. I. 14 228, n. (13) (n). Hoppes v. Houtz, 133 Pa. 34 43, n. (3) (q) ; 182, n. (4) (h). Horn Mfg. Co. v. Steelman, 24 Pa. Super. 126 228, n. (7) (c). Horn v. Hutchison, 163 Pa. 435 228, n. (23) (e), (f). Horner v. Horner, 145 Pa. 258 228, n. (24) (z3). Horton v. Hall, 1 Penny. 159 228, n. (20) (a). Horton v. Miller, 44 Pa. 256 182, n. (3) (a). Horton v. Coal Co., 2 Penny. 43 183, n. (4) (j). Hortz's Est., 26 Pa. Super. 489 228, n. (18) (1). Hosack v. Grill, 197 Pa. 370 117, n. (2) (d). 637 Hos-Hun TABLE OF CASES. Hosie v. Gray, 73 Pa. 502 164, n. (2) ; 169, n. (2) (b). Hosie v. Gray, 71 Pa. 198 228, n. (26) (h). Hoskinson v. Elliott, 62 Pa. 393 232, n. (1) (e). Hostetter's Ap., 92 Pa. 132 43, n. (9) (a). Hottenstein v. Johnson, 44 Pa, Super. 562 228, n. (15) (a). Housekeeper's Ap., 49 Pa. 141 43, n. (5) (o) ; 66, n. (4) (a). Houser v. Kime, 42 Pa. Super. 483 146, n. (2) (h). Houston v. Cook, 153 Pa. 43 228, n. (20) (a). Howard v. Murphy, 23 Pa, 173 161, n. (5) (o). Howell v. Mellon, 169 Pa. 138 228, n. (21) (h). Hower's Ap., 127 Pa. 134 43, n. (6) (m2). Hower v. Taggart, 2 Mona. 582 228, n. (19) (a). Hower v. Ulrich, 156 Pa. 410 228, n. (20) (h). Howser v. Com. 51 Pa. 332 228, n. (24) (p2). Hoy v. Ins. Co., 21 Montg. 77 163, n. (4) (b) ; 167, n. (1) (c). Hoyt v. Canal Co., 203 Pa. 509 228, n. (18) (g2). Huber v. Townsend, 34 L. I. 178 228, n. (26) (a). Huber v. Wilson, 23 Pa. 178 228, n. (19) (a). Hubley v. Vanhorne, 7 S. & R. 185 183, n. (4) (p) ; 228, n. (22) (o) (w2). Huckestein v. Kelly, 139 Pa. 201 187, n. (1) (b) ; n. (4) (a) ; 228 n. (11) (a);n. (20) (d). Huddleston v. Borough, 111 Pa. 110 228, n. (22) (b), (e). Hudson v. Watson, 2 Pa. Super. 422 187, n. (2) (a), (f ) ; 190, n. (13) (o); 228, n. (13) (g) ; n. (19) (i) ; n. (20) (a), (h) ; n. (21) (h);n. (22) (e). Huffman v. Mcllvaine, 13 Pa. Super. 108 228, n. (20) (12), (j2). Hufnagle v. Canal Co., 227 Pa. 476 228, n. (22) (a). Hughes 's Ap., 90 Pa. 60 243, n. (3) (d). Hughes v. Boyer, 9 Watts 556 228, n. (22) (k). Hughes v. Cooper, 42 Pa. Super. 594 144, n. (2) (a) ; 183, n. (5) (b). Hughes v. Miller, 192 Pa. 365 88, n. (4) (a) ; 126, n. (3.) (f) ; 228, n. (3) (e);n. (5) (a) ; n. (6) (g), (h). Hughes v. Peaslee, 50 Pa. 257 43, n. (9) (h). Hughes v. Williams, 17 Pa. Super. 229 239, n. (2) (p). Hulherrin v. Railroad Co., 81 Pa. 366 228, n. (20) (h). Hulings v. Drexell, 7 Watts 126 228, n. (23) (e). Hull v. Hull, 14 Pa. Super. 520 228, n. (18) (b2). Hull v. R. R., 1 Pa. Super. 651 228, n. (22) (w). Humes v. McFarlane, 4 S. & R. 427 228, n. (22) (h). Hummell's Case, 9 Watts 416 182, n. (4) (r2). Humphrey v. Tozier, 154 Pa. 410 190, n. (12) (1). Humphrey v. Cooper, 183 Pa. 432 228, n. (20) (x). Hunter v. Reilly, 36 Pa. 509 146, n. (1) (b). Hunter v. Bilheimer, 22 Pa. Super. 622 228, n. (18) (h). Hunter v. R. R., 45 Pa. Super. 468 88, n. (1) (a). Huntington, etc. R. R. v. Fluke, 32 Pa. Super. 126 110, n. (2) (a). Huntingdon, etc. R. R. v. McGovern, 29 Pa. 78 228, n. (13) (a)- Huntingdon etc. R. R. v. Decker, 82 Pa, 119 228, n. (25) (j). 638 TABLE OF CASES. Hun-Jac Huntingdon Line, 14 Pa. Super. 576 182, n. (4) (v). Huntingdon County Line, 11 Pa. Super. 386 228, n. (24) (z3). Huntingdon Co. v. Mason, 21 Pa. Super. 148 43, n. (3) (y) ; 54, n. (2) (b). Huston Twp. Ins. Co. v. Beale, 110 Pa. 321 182, n. (2) (d2). Huston v. Clark, 173 Pa. 361 239, n. (3) (c) ; (4) (c). Huston v. Barstow, 19 Pa. 169 228, n. (20) (c) ; n. (23) (h). Huston Ins. Co. v. Beale, 110 Pa. 321 288, n. (24) (a4). Hutehinson v. Ledlie, 36 Pa. 112 228, n. (24) (z3). Hutchinson v. Campbell, 25 Pa. 156 186, n. (1) (a). Hutchison v. Com., 82 Pa. 472 46, n. (11) (a) ; 151, n. (2) (b). Hutchinson v. Twp., 14 Pa. Super. 546 48, n. (5) (d). Hutton v. McLaughlin, 1 Pa. Super. 642 146, n. (1) (b) ; 197, n. (1) (d). Hyatt v. Johnston, 91 Pa. 196 228, n. (23) (e). Hyndman v. Hogsett, 111 Pa. 643 190, n. (12) (1) ; 228, n. (18) (s2). Hyndman Water Co. v. Hyndman Boro., 7 Pa. Super. 191 228, n. (24) (a2). Hyslop v. Crozier, 1 Miles 267 228, n. (20) (12). Independence Party Nomination, 213 Pa. 64 182, n. (4) (f). Indian Brew. Co.'s License, 226 Pa. 56 228, n. (3) (i). Ingraham v. Caricabura, 5 Pa. 177 48, n. (1) (a2). Ingram v. Grangers, 33 Pa. Super. 316 182, n. (4) (h) ; 228, n. (24) (x). Inman v. Kutz, 10 Watts 90 228, n. (18) (b). International Coal Mining Co. v. R. R. 214 Pa. 469 43, n. (2) (1). International S. & T. Co. v. Kleter, 29 Pa. Super. 200 196, n. (2) (e), (d). International Trust Co. v. Printz, 37 Pa, Super. 134 88, n. (1) (a) ; 183, n. (4) (a). International Trust Co. v. Kleter, 29 Pa. Super. 200 183, n. (2) (a), (b). Irish v. Smith, 8 S. & R. 573 228, n. (22) (k) ; n. (24) (a2). Irvin v. Kutruff, 152 Pa. 609 183, n. (2) (a); n. (4) (j); 185, n. (3) (a); 186, n. (1) (c). Irwin's Ap., 7 Pa. Super. 354 43, n. (3) (b2) . Irwin's Ap.. 5 Whar. 577 228, n. (11) (a). Irwin v. Gallagher, 8 S. & R. 528 146. n. (2) (g). Irwin v. Hawthorn, 6 Pa. Super. 165 192, n. (2) (a). Irwin v. Trego, 22 Pa. 368 228. n. (26) (a). Irwin v. Irwin, 142 Pa. 271 228, n. (23) (h). Isett v. Caldwell, 101 Pa. 32 228, n. (4) (i). Jack v. Twyford, 10 Pa. Super. 475 41, n. (1) (c) ; 183, n. (5) (b). Jackson v. Litch. 62 Pa. 451 228, n. (24) (b2). Jackson v. R. R.. 228 Pa. 566 228, n. (20) (i) ; Id., (22) (d2). Jackson v. Thompson, 203 Pa. 622 228, n. (30) (i). Jacobs 's Ap., 107 Pa. 137 228, n. (18) (q). 639 Jac-Jon TABLE OF CASES. Jacoby v. Ins. Co., 10 Pa. Super. 366 228. n. (22) (n) ; 242, n. (2) (e). Jacques v. Fourthman, 137 Pa. 428 82, n. (3). Jaffe v. Cooperman, 231 Pa. 219 228, n. (24) (z3). Jaffray v. Frothingham, 148 Pa. 213 228, n. (20) (a), (j). James v. Weir, 213 Pa. 135 150, n. (1) (d). James's Ap., 116 Pa. 152 85, n. (1) (b). Jameison v. Pomeroy, 9 Pa. 230 228, n. (1) (j); n. (2) (i) ; n. (4) (P), (s). Jamison v. Collins, 83 Pa. 359 228, n. (18) (t). Janes 's Ap., 87 Pa. 428 239, n. (3) (d). Janney v. Howard, 150 Pa. 339 147, n. (4) (c) ; 161, n. (1) (b) ; 183, n. (6) (b). Jarrett v. Tomlinson, 3 W. & S. 114 43, n. (2) (a2). Jay v. Amanter, 43 Pa. Super. 529 228, n. (24) (z3). Jeannette Mills v. Greenwalt, 11 Pa. Super. 157 228, n. (2) (h) ; n. (29) (b). Jefferson Twp. Road, 3 Pa. Super. 467 183, n. (4) (a) ; 228, n. (1) (a); 231, n. (1) (a). Jenkins v. McMichael, 17 Pa. Super. 376 228, n. (14) (a). Jenkinson Co. v. Eggers, 28 Pa. Super. 151 187, n. (2) (a), (d) ; 198, n. (3) (a). Jenkintown National Bank's Ap., 124 Pa. 337 74, n. (1) (s). Jenning's Est., 38 Pa. Super. 522 45, n. (3) (m) ; 190, n. (13) (p). Jenning's Est., 195 Pa. 406 111, n. (1) (a) ; 117, n. (4) (b). Jensen v. Ry. Co., 24 Pa. Super. 4 228, n. (20) (h) ; n. (22) (g). Jessop v. Boro., 225 Pa, 503 43, n. (6) (j) ; 44, n. (3) ; page 537 Ap. Johns v. Batton, 30 Pa. 84 228, n. (25) (a). Johns v. Erb, 5 Pa. 232 48, n. (1) (a2). Johnson's Ap., 9 Pa. 416 228, n. (11) (a). Johnson's Est., 29 Pa. Super. 255 228, n. (15) (a). Johnson's License, 165 Pa. 315 38, n. (1) (i). Johnson v. Carver, 175 Pa. 200 228, n. (30) (e). Johnson v. Com., 115 Pa. 369 46, n. (5) (d) ; 151, n. (2) (e) ; 161, n. (6) (a). Johnson v. Com., 24 Pa. 386 230, n. (1) (g). Johnson v. Ins. Co., 218 Pa. 421 228, n. (20) (r). Johnston's Est., 222 Pa. 514 183, n. (3) (f) ; 185, n. (1) (r) ; 186, n. (1) (b); n. (2). Johnston v. Com., 85 Pa. 54 228, n. (21) (a) ; n. (22) (o). Johnston v. Gray, 16 S. & R. 361 228, n. (20) (q2). Johnstone v. Menagh, 4 Pa. Super. 154 43, n. (3) (q) ; 228, n. (24) (*). Jones's Ap., 99 Pa. 124 45, n. (3) (h) ; 228, n. (29) (h). Jones's Ap., 1 Walk. 355 74, n. (1) (e). Jones v. Aronson, 45 Pa. Super. 148 185, n. (3) (a). Jones v. Backus, 3 Lane. L. Rev. 413 132, n. (1) (c). Jones v. Cleveland, 6 Pa. Super. 640 228, n. (21) (h). Jones v. Coal Co., 227 Pa. 509 43, n. (2) (c2) ; 126, n. (1) (e). Jones v. Com., 75 Pa. 403 230, n. (1) (a). 640 TABLE OF CASES. Jon-Kee Jones v. Dilworth, 63 Pa. 447 183, n. (4) (a); 228, n. (24) (z3). Jones v. Freyer, 3 W. N. C. 365 232, n. (1) (n). Jones v. Greenfield, 25 Pa. Super. 315 228, n. (22) (q). Jones v. Hartley, 3 Whar. 178 228, n. (13) (b). Jones v. Harvey, 9 Pa. Super. 326 228, n. (15) (a) ; n. (18) (j). Jones v. Hughes, 16 Atl. 849 228, n. (20) (a2). Jones v. Ins. Co., 1 Bin. 38 161, n. (6) (b). Jones v. Jones, 37 Pa. Super. 442 228, n. (24) (y2). Jones v. Kroll, 116 Pa. 85 228, n. (25) (a). Jones v. Matheis, 17 Pa. Super. 220 196, n. (2) (a) ; 228, n. (19) (a), (d). Jones v. Pierce, 134 Pa. 533 228, n. (23) (e). Jones v. Weir, 217 Pa. 135 11, n. (4) (c) ; 183, n. (5) (a), (d) ; 185, n. (2) (a); n. (3) (a); 228, n. (18) (g), (m), (h2) ; n. (23) (e). Jordan's Ap., 107 Pa. 75 43, n. (5) (d) ; n. (6) (d). Joseph v. Richardson, 2 Pa. Super. 208 228, n. (4) (i). Joyce v. Lynch, 17 W. N. C. 79 190, n. (12) (b), (c). Judge's Commission, 2 Chester Co. 317 4, n. (1). Jugsmith v. Rosenblatt, 15 Pa. Super. 296 228, n. (24) (z3). Junior Engine Co. v. Douglas, 2 Penny. 63 228, n. (23) (e). Jutte v. Conley, 4 Penny. 90 43, n. (3) (q). Karl v. Juniata Co., 206 Pa. 633 186, n. (1) (c) ; 228, n. (19) (a) ; n. (20) (a), (w2);n. (22) (n). Kase v. Burnham, 206 Pa. 330 185, n. (3) (a). Katharine Water Co., 32 Pa. Super. 94 42, n. (3) ; 48, n. (4) ; 182, n. (4) (a), (n);228,n. (24) (g3). Kaufhold v. Arnold, 163 Pa. 269 228, n. (21) (h). Kaufman v. Abeles, 11 Pa. Super. 616 82, n. (3). Kaufman v. R. R., 210 Pa. 440 183, n. (4) (e) ; 185, n. (1) (b) ; 187, n. (2) (b); 228, n. (19) (a). Kauffman v. Hirsch, 9 W. N. C. 347 164, n. (2). Kean v. Franklin, 5 S. & R. 147 228, n. (22) (e2). Kean v. McLaughlin, 2 S. & R. 469 228, n.-(19) (a). Kearney v. McCullough, 5 Bin. 389 7, n. (2). Kaier Co. v. O'Brien, 202 Pa. 153 74, n. (1) (s) ; 228, n. (24) (z3). Kaiser v. Flaccus, 138 Pa. 332 228, n. (22) (k). Kalbach v. Fisher, 1 Rawle 323 228, n. (24) (z3). Kalin v. Wehrle, 36 Pa. Super. 305 228, n. (19) (a) ; n. (24) (m) ; 187, n. (1) (b), (g);198, n. (2). Kames v. Thomas, 1 W. N. C. 189 228, n. (18) (b). Keating v. Orne, 77 Pa. 89 228, n. (22) (k). Keating v. Ry. Co., 5 W. N. C. 232 242, n. (3) (c). Kedward v. Campbell, 166 Pa. 365 228, n. (18) (q). Keefer v. Mellott, 44 Pa. Super. 471 228, n. (24) (z). Keefer v. Pacific Ins. Co., 201 Pa. 448 88, n. (1). Keeler v. Schott, 1 Pa. Super. 458 228, n. (22) (n). Keeler v. Vantuyle, 6 Pa. 250 228, n. (20) (d), (h). Keemer v. Herr, 2 Penny. 175 43, n. (3) (v) ; 77, n. (2) (c). 641 41 Kee-Kie TABLE OF CASES. Kehoe v. Traction Co., 187 228, n. (19) (a) ; n. (22) (u2). Keil v. Gas Co., 131 Pa. 466 228, n. (20) (g), (p). Keighly v. Directors, 7 Pitts. L. J. 188 51, n. (4) (a). Keim's Ap., 27 Pa. 42 126, n. (1) (c) ; n. (4) (f) ; 228, n. (24) (r2). Keiser v. Eberly, 226 Pa. 21 228, n. (24) (12). Kelber v. Plow Co., 146 Pa. 485 74, n. (1) (j), (s) ; 228, n. (24) (z3), (a4). Kelchner v. Borough, 209 Pa. 412 228, n. (19) (j), (k), (1). Keller's Private Eoad, 154 Pa, 547 182, n. (4) (d) j 183, n. (4) (a); 231, n. (1) (a). Keller v. Nutz, 5 S. & R. 246 228, n. (15) (a). Kelly's Case, 200 Pa. 430 41, n. (1) (b). Kelly's Case, 17 Pa. Super. 344 228, n. (24) (e4). Kelly's Impeachment, 17 Pa. Super. 344 182, n. (4) (h2). Kelly v. Bennett, 132 Pa. 218 82, n. (1) (a) ; 185 n. (3) (a) ; 228, n. (24) (12). Kelly v. Cover, 1 W. N. C. 467 228, n. (24) (J4). Kelly v. Eby, 141 Pa. 176 228, n. (20) (c), (d). Kelley v. Kelley, 182 Pa. 131 228, n. (13) (h) ; n. (30) (c). Kelly v. McGehee, 137 Pa. 443 228, n. (23) (h). Kelly v. Traction Co., 204 Pa. 623 228, n. (15) (b) ; n. (18) (b). Kelly v. Shay, 206 Pa. 215 228, n. (18) (m). Kelso's Ap., 102 Pa. 7 239, n. (3) (a). Kelton v. Fife, 26 Pa. Super. 603 228, n. (23) (h). Kemmerer Iron Co. v. Bittenbender, 231 Pa. 154 228, n. (18) (u). Kemmerer v. Tool, 81 Pa. 467 185, n. (2) (b). Kemmerer v. Young, 5 Rawle 175 228, n. (8) (r). Kemmerer v. Edelman, 23 Pa. 143 228, n. (25) (e). Kendig's Appeal, 82 Pa. 68 228, n. (24) (f) (v2) Kendrick v. Overstreet, 3 S. & R. 357 43, n. (3) (k). Kennedy v. Erdman, 150 Pa. 427 187, n. (1) (h). Kennedy v. Daily, 6 Watts 269 147, n. (3) (a). Kennedy v. Oil Co., 199 Pa. 644 228, n. (1) (c) ; n. (25) (a) ; n. (30) (f). Kenworthy v. Trust Co., 218 Pa. 286 44, n. (3) ; n. (6) (x) ; 150, n. (2) (a); 183, n. (2) (s) ; 184, n. (2). Kepler v. Lumber Co., 209 Pa. 244 228, n. (18) (c). Kepner's Appeal, 94 Pa. 74 228, n. (24) (r2). Kern's Est., 18 Pa. Super. 506 43, n. (6) (k2) ; 228, n. (18) (q). Kerr v. 'Conner, 63 Pa. 341 183, n. (4) (n). Kerr v. Wonderlich, 7 Sad. 1 74, n. (1) (e). Kershner v. Kemmerling, 24 Pa. Super. 181 155, n. (1) (k). Kessler v. Perrong, 22 Pa. Super. 578 50, n. (4) (c). Keystone Brew. Co. v. Canavan, 218 Pa. 161 43, n. (3) (u2). Keystone Cycle Co. v. Jones, 12 Pa. Super. 134 187, n. (2) (b) ; 228, n. (25) (a). Kidder E. I. Co. v. Muckle, 198 Pa. 388 50, n. (4) (a). Kidder v. Boom Co., 24 Pa. 193 228, n. (23) (e). Kiehl v. Com., 18 W. N. C. 505 161, n. (5) (f ), (p) ; 228. n. (1) (c). 642 TABLE OF CASES. Kil-Kni Kille v. Edge, 79 Pa. 15 161, n. (5) (p) ; 228, n. (17) (d). Kille v. Iron Works, 134 Pa. 225 93, n. (1), (2). Killion v. Power, 51 Pa. 429 228, n. (22) (k). Kimber v. County, 20 Pa. 366 182, n. (4) (a). Kimelewski v. Com., 39 Pa. Super. 308 228, n. (1) (b) ; n. (17) (d). Kimmel 's Ap., 2 W. N. C. 138 228, n. (24) (r2). Kimmel v. Johnson, 18 Pa. Super. 429 43, n. (1) (h) ; n. (7) (s) ; 66, n. (2) (d) ; n. (5) ; n. (6) (b) ; 126, n. (5) (a). Kimmel v. Shaffer, 213 Pa. 375 228, n. (27) (i). King v. King, 36 Pa. Super. 33 61, n. (2) (c) ; 228, n. (18) (b2). King v. Brick Co., 30 Pa. Super. 582 43, n. (7) (k). King v. McKinstry, 32 Pa. Super. 34 228, n. (4) (f). King v. Thompson, 87 Pa. 365 228, n. (20) (h) ; n. (22) (n2). Kinley v. Hill, 4 W. & S. 426 228, n. (22) (h2). Kinney's Case, 39 Pa. Super. 195 228, n. (18) (g). Kinney v. Burnham, 23 Pa. Super. 583 147, n. (4) (e) ; 161, n. (3) (t);183, n. (4) (a). Kirchner v. Smith, 207 Pa. 431 232, n. (1) (p). Kirk v. Eaton, 10 S. & R. 103 243, n. (2) (d). Kirkpatrick v. Lex, 49 Pa. 122 161, n. (7) (d). Kirkpatrick v. Vanhorn, 32 Pa. 131 228, n. (23) (e). Kirsch's License, 46 Pa. Super. 332 182, n. (4) (j). Kiser v. Vanleer, 2 W. N. C. 561 228, n. (1) (b) ; n. (17) (a), (d) ; n. (27) (b). Kiskiminitas Twp. Rd., 32 Pa. 9 43, n. (3) (b2). Kissinger v. Thompson, 12 S. & R. 44 228,n . (20) (h). Kistler v. Sheirer, 10 Pa. Super. 220 74, n. (1) (s). Kitchen v. McClosky, 150 Pa. 376 183, n. (2) (s) ; 185, n. (2) (g). Kitler v. Ry., 27 Pa. Super. 602 228, n. (23) (h). Kittanning Twp. v. Madison Twp., 146 Pa. 108 85, n. (1) (a) ; n. (2) (e);228, n. (23) (e). Kittanning Ins. Co.'s Ap., 13 W. N. C. 54 182, n. (2) (n). Kittanning Ins. Co. v. Scott, 101 Pa. 449 182, n. (2) (n). Kittera's Est., 17 Pa. 416 229, n. (1) (b). Klein's Ap., 11 "W. N. C. 449 182, n. (2) (a), (e). Klein v. Ins. Co., 13 Pa. 247 228,n. (24) (p2). Klett v. Claridge, 31 Pa. 106 228, n. (8) (n). Kline v. Guthart, 2 P. & W. 490 43, n. (9) (i) ; 51, n. (3) ; 228, n. (24) (m3). Klingensmith v. Steel Co., 17 Pa. Super. 210 43, n. (9) (h) ; 51, n. (2) (a). Klipstein v. Whitesides, 30 Pa. Super. 35 288, n. (18) (w). Klugh v. R. R., 29 Pa. Super. 583 43, n. (3) (b3). Knapp v. Griffin, 140 Pa. 604 228, n. (20) (a). Knebel v. Baumgarden, 1 Schuyl. Leg. Rev. 137 43, n. (1) (b) ; n. (3) (y2); 67, n. (1) (e). Knee v. McDowell, 25 Pa. Super. 641 228, n. (21) (a). Kneedler's Appeal, 92 Pa. 428 228, n. (24) (z3). Knerr v. Hoffman, 65 Pa. 126 228, n. (22) (q2). Knicherbacher Ins. Co. v. Gorbach, 70 Pa. 150 228, n. (18) (g). 643 Kni-Lam TABLE OF CASES. Knights v. Leadbeter, 2 Pa. Super. 461 186, n. (1) (c). Knoblauch's License, 28 Pa. Super. 323 228, n. (24) (s3). Knowles v. Jacobs, 4 Pa. Super. 268 228, n. (24) (q3), (r3). Koch's Est., 4 Rawle 268 43, n. (5) (i). Koch v. Bieseeker, 7 Pa. Super. 37 74, n. (1) (s). Koons v. Steele, 19 Pa. 203 228, n. (23) (c). Kraemer v. Trust Co., 173 Pa. 416 121, n. (2) (c). Kraft's Ap., 94 Pa. 449 34, n. (1) ; 71, n. (2). Kraft v. Smith, 117 Pa. 183 228, n. (22) (e). Kraft v. Gilchrist, 31 Pa, 470 228, n. (12) (i). Kramer v. Reed, 7 Sad. 613 228, n. (22) (f2). Kramer v. Winslow. 154 Pa. 637 187, n. (1) (b) ; 228, n. (22) (k). Krause v. Com., 93 Pa. 418 228, n. (23) (c). Kraut v. Fox, 1 W. N. C. 401 239, n. (2) (b). Kreiner v. R. R., 135 Pa. 184 187, n. (2) (i). Krepps v. Mitchell, 156 Pa. 320 243, n. (1) (b). Krepps v. Carlisle, 157 Pa. 358 228, n. (20) (k), (r). Kucklaum's Election, 221 Pa. 521 146, n. (1) ; 182, n. (4) (f). Krider v. Lafferty, 1 Whar. 303 183, n. (4) (o). Krider v. Hartzell, 40 Pa. Super. 186 190, n. (13) (t). Krings v. Krings, 43 Pa. Super. 590 228, n. (18) (m). Krodel's Est., 14 Dist. 417 168, n. (2) (b). Kroegher v. McConway Torley Co., 149 Pa. 444 228, n. (22) (a), (a2);232,n. (1) (p). Krumbharr v. Griffiths, 151 Pa. 223 228, n. (18) (z). Kuhler v. Hoover, 4 Pa. 331 43, n. (5) (s). Kuntz's Est., 230 Pa. 557 175, n. (1). Kuntz v. Railroad, 206 Pa. 162 228, n. (15) (a) ; n. (20) (r). Kupp v. Rummel, 199 Pa. 90 190, n. (13) (s). Kurrie v. Cottingham, 209 Pa. 12 43, n. (3) (v) ; 78, n. (2) (d). Kurtz v. Haines, 2 Mona. 328 185, n. (3) (a) ; 228, n. (19) (a). Kutz's Ap., 4 Pa. Super. 292 182, n. (4) (n2). Kyle v. Power Co., 174 Pa. 570 228, n. (20) (a). Kyler v. Christman, 25 Pa. Super. 74 50, n. (6) (a) ; 228, n. (6) (n). Ladley v. Express Co., 3 Pa. Super. 149 185, n. (1) (e). Lafferty 's Est., 19 C. C. 613 169, n. (2) (c). Lafferty 's Est., 184 Pa. 502 228, n. (18) (h). Lafferty v. Corcoran, 175 Pa. 5 43, n. (3) (q) ; 182, n. (4) (h). Lafferty v. Lafferty, 174 Pa. 536 49, n. (2) (a). La Fitte v. La Fitte, 2 S. & R. 107 132, n. (1) (c). Laird's Ap., 2 Pa. Super. 300 182, n. (1) (b) : n. (4) (n2) : 228, n. (24) (m4). Laird v. Walkinshaw, 15 Atl. 898 192, n. (2) (q). Laird v. Campbell, 100 Pa. 159 228, n. (25) (t). Laird v. McCarter, 2 W. N. C. 213 228, n. (24) (m4). Lake Erie Limestone Co.'s Petition, 188 Pa. 509 126, n. (6) (c). Lamb's Ap., 89 Pa. 407 74, n. (1) (e). Lamb v. Leader, 6 Pa. Super. 50 186, n. (1) (a). 644 TABLE OF CASES. Lam-Lee Lamb v. Prettyman, 33 Pa. Super. 190 228, n. (23) (g). Lamoreux v. County, 116 Pa. 195 48, n. (5) (c) ; 97, n. (2). Lancaster v. De Normandie, 1 Wliar. 49 147, n. (4) (b). Lancaster County Bank v. Stauffer, 10 Pa. 398 48, n. (1) (d2). Lancaster Plate Co. v. Ins. Co., 170 Pa. 151 228, n. (19) (a)- Lancaster Co. Bank v. Albright, 21 Pa. 228 228, n. (22) (p2). Lancaster County Bank v. Henning, 171 Pa. 399 228, n. (24) (d). Lancaster County Bank v. Stauffer, 10 Pa. 398 228, n. (24) (k3). Lancaster v. Flowers, 208 Pa. 199 228, n. (18) (s). Lance v. Bonnell, 105 Pa. 46 228, n. (24) (e). Land's Ap., 1 Mona. 755 182, n. (2) (a2). Land Title & Tr. Co. v. Fulmer, 24 Pa. Super. 260 183, n. (4) (a). Landis v. Evans, 13 Pa. 332 183, n. (2) (a). Landis v. Maher, 1 W. N. C. 407 183, n. (5) (a) ; 228, n. (24) (z3). Lane v. Sand Co., 172 Pa. 252 146, n. (1) (b). Lane v. Smith, 103 Pa. 410 228, n. (15) (a). Langer v. Parish, 8 S. & R. 134 228, n. (8) (q) ; n. (13) (r). Laning v. Darling, 209 Pa. 254 228, n. (18) (i). Lantz v. Frey, 19 Pa. 366 228, n. (2) (g). La Plume Borough, 18 W. N. C. 82 190, n. (11) (a) ; 194, n. (1) (a). Laporte Boro. Overseers v. Overseers, 95 Pa. 269 85, n. (1) (a). Lappe v. Gfeller, 211 Pa. 462 228, n. (21) (a). Larzelere, v. Tiel, 3 Pa. Super. 109 228, n. (20) (b), (g) ; n. (21) (h). Lasher v. Medical Co., 3 Pa, Super. 571 228, n. (18) (g). Lasher v. Press Co., 203 Pa. 313 228, n. (18) (h). Latshaw v. Steinman, 11 S. & R. 357 228, n. (24) (f). Laubach v. Laubach, 73 Pa. 387 228, n. (11) (h). Lauck's Application, 2 Pa. Super. 53 228, n. (24) (r2), (s3), (t3). Lauer v. Brewing Co., 120 Pa. 593 44, n. (6) (r). Lauer v. Yetzer, 3 Pa. Super. 461 183, n. (4) (e) ; 228 n. (19) (a). Lauer Brew. Co. v. Chmielewski 206 Pa. 90 228, n. (15) (a). Laughlin v. Peebles, 1 P. & W. 114 43, n. (9) (1). Lautner v. Kann, 184 Pa. 334 228, n. (20) (i), (m). Lawrence's Ap., 67 Pa. 87 43, n. (6) (o). Lazarus v. Morris, 17 Dist. 804 103, n. (3) (j) ; 174, n. (2) (b). Lazzari v. R. R., 28 Pa. Super. 175 228, n. (18) (b). Lea v. Hopkins, 7 Pa. 492 228, n. (19) (a) ; 235, n. (1) (c). Leach v. Ansbacher, 28 L. I. 277 88, n. (2) ; 228, n. (7) (a), (d). Leader v. Dunlap, 6 Pa. Super. 243 74 n. (1) (s) ; 228, n. (24) (z3). Leary v. Traction Co., 180 Pa. 136 228, n. (19) (a). Lebanon Ins. Co. v. Erb., 1 Sad. 181 225, n. (3). Lebanon Ins. Co. v. Losch, 109 Pa. 100 228, n. 19 (a) ; n. (22) (e2). Lebanon Water Co., 4 Dauph. 228 58, n. (4) (b). LeBarron v. Harriott, 2 P. & W. 154 48, n. (1) (b) ; 51, n. (1) (a). Lee's Est., 18 Pa. Super. 513 146, n. (2) (i). Lee v. Keys, 88 Pa. 175 228, n. (18) (t). Lee v. Newell, 107 Pa. 283 228, n. (20) (g), (h) ; n. (23) (g). Lee Co. v. Sherman, 43 Pa. Super. 557 82, n. (1) (b) ; 186, n. (1) (a). 645 Lee-Lew TABLE OF CASES. Leech v. Leech, 21 Pa. 67 228, n. (22) (k). Leedom v. Ry., 217 Pa. 278 43, n. (3) (f). Lefever v. Witmer, 10 Pa. 505 48, n. (1) (d2) ; 228, n. (24) (k3). Lehigh Coal Co.'s Ap., 112 Pa. 360 48, n. (1) (h2) ; 228, n. (24) (b3). Lehigh Coal Co. v. Everhart, 206 Pa. 118 228, n. (18) (g2). Lehigh Coal Co. v. Evans, 176 Pa. 28 228, n. (23) (h), (k). Lehigh Iron Co. v. Twp., 81 Pa. 482 1, n. (3). Lehigh Valley R. R. Co. v. Hall, 61 Pa. 361 147, n. (4) (b). Lehigh Valley R. R. Co. v. Brandtmaier, 113 Pa. 610 228, n. (20) (a), (b). Lehman v. Kellerman, 65 Pa. 489 82, n. (1) (a) ; 183, n. (4) (k) ; 228, n. (24) (12). Lehman v. Lehman, 215 Pa. 344 228, n. (14) (a). Lehman v. Murtoff, 7 Pa. Super. 485 228, n. (21) (h). Leib v. Com., 9 Watts 200 39, n. (1) (b). Leibig v. Steiner, 94 Pa. 466 228, n. (21) (a). Leitz v. Hohman, 207 Pa. 289 182, n. (3) (a) ; 228, n. (24) (d4). Lenox v. McCall, 3 S. & R. 95 182, n. (4) (o2). Lentz v. Stroh, 6 S. & R. 34 182, n. (2) (j). Lentz's Account, 5 Pa. 103 229, n. (1) (a). Leonard's Est., 226 Pa. 277 228, n. (18) (q). Leonard v. Leonard, 20 W. N. C. 346 228, n. (24) (m4). Leonard v. Leslie, 23 Pa. Super. 63 147, n. (4) (c). Leonard v. Smith, 4 Dist. 249 228, n. (7) (a) ; 239, n. (1) (d) ; n. (2) (b);n. (4) (d). Leonard v. Smith, 162 Pa, 284 228, n. (18) (t). Lerch v. Snyder, 112 Pa. 161 228, n. (1) (c) ; 228, n. (25) (a). Lerch v. Bard, 177 Pa. 197 228, n. (21) (h). Levenson v. Pittsburg, 54 Pitts. 296 173, n. (1). Levers v. Van Buskirk, 4 Pa. 309 228, n. (22) (o). Levin v. Traction Co., 194 Pa. 156 197, n. (1) (a) ; page 515, Ap. Levison v. Davis, 212 Pa. 148 187, n. (4) (a). Levy v. Singer Co., 32 Pa. Super. 117 155, n. (1) (a) ; 161, n. (3) (g). Lewin v. Pauli, 19 Pa. Super. 447 228, n. (19) (a). Lewis's Case, 29 Pa. 518 14, n. (2). Lewis's Ap., 91 Pa. 359 43, n. (9) (a). Lewis's Ap., 6 Sad. 79 48, n. (1) (a). Lewis v. Protheroe, 17 Atl. 200 228, n. (25) (a). Lewis v. Smith, 2 S. & R. 142 43, n. (2) (c). Lewis v. Water Co., 176 Pa. 237 228, n. (20) (x). Lewis v. Baker, 5 Rawle 114 228, n. (25) (v). Lewis v. Rattigan, 138 Pa. 308 228, n. (20) (a), (j). Lewis v. England, 4 Bin. 5 43, n. (2) (j), (q). Lewis v. R. R., 220 Pa. 317 161, n. (3) (n). Lewis v. Wallick, 3 S. & R. 410 43, n. (1) (b) ; 48, n. (1) (q) ; 62, n. (1). Lewisburg Boro. Overseers v. Overseers, 32 L. I. 284 48, n. (1) (m2). 646 TABLE OF CASES. Lew-Lon Lewisburg Boro. Overseers v. Overseers, 1 W. N. C. 209 85, n. (1) (d);n. (2) (a). Ley v. Union Canal, 5 Watts 104 228, n. (24) (e). Liberty Twp. Overseers v. Overseers, 4 Pa. Super. 411 85, n. (1) (a)jn. (2) (d). Light v. Miller, 38 Pa. Super. 408 228, n. (3) (d) ; n. (8) (k). Light v. Ry., 4 Pa. Super. 427 228, n. (18) (g). Lillie v. Car Co., 209 Pa. 161 228, n. (20) (s). Light v. Railway Co., 4 Pa. Super. 427 228, n. (19) (a), (g). Lilly v. Paschal, 2 S. & R. 394 228, n. (19) (a). Limbert v. Jones, 118 Pa. 589 74, n. (1) (e), (f). Lincoln v. Africa, 228 Pa. 546 44, n. (5) (d). Lincoln v. Wright, 23 Pa. 76 228, n. (22) (i2). Lindemuth's Est., 5 Watts 145 228, n. (6) (b). Linderman v. Hershberger, 47 Pa. Super. 308 58 (A), appendix, pages 517, 522. Lindsay v. Button, 227 Pa. 208 183, n. (4) (h). Lindsley v. Malone, 23 Pa. 24 228, n. (24) (u). Lingenfelter v. Williams, 7 Sad. 70 228, n. (24 )(m). Linn v. Naglee, 4 Whar. 92 228, n. (20) (n), (x). Linn v. Com., 96 Pa. 285 228, n. (21) (h), (i). Lippincott's License, 44 Pa. Super. 459 228, n. (25) (s3). Lister v. Telephone, 39 Pa. Super. 321 155, n. (1) (a), (b). Littell v. Young, 5 Pa. Super. 205 183, n. (4) (a) j 228, n. (16) (b). Little Britain Road, 27 Pa. 69 146, n. (2) (h). Little Meadows Boro., 28 Pa. 256 183, n. (3) (c) ; 228, n. (11) (e) ; n. (15) (j). Little Schuylkill R. R. v. Norton, 24 Pa. 465 228, n. (8) (a). Livingston v. School Board, 15 Pa. Super. 358 228, n. (8) (g), (r). Livingston v. School Board, 9 Pa. Super. 110 228, n. (15) (a). Lloyd v. Carter, 17 Pa. 216 228, n. (22) (k). Locher v. Byer, 218 Pa. 574 228, n. (18) (g). Locher's Est., 24 Lane. 121 164, n. (1) ; 168, n. (1) (b). Lockhart Street, 22 C. C. 363 56, n. (6) (c). Lodge's Ap., 2 Mona. 764 242, n. (2) (g). Loeffler v. Schmertz, 152 Pa. 615 66, n. (3) (f). Loeweke v. B. & L. Asso., 21 Pa. Super. 389 185, n. (3) (a) ; n. (5) (a);187,n. (1) (b) ; n. (4) (f). Logan v. Friedline, 10 Pa. Super. 461 187, n. (1) (b). Logan v. Jennings, 4 Rawle 355 43, n. (3) (g), (r2). Logue's Ap., 104 Pa. 136 228, n. (18) (z). Lombard, etc. Ry. Co. v. Christian, 124 Pa. 61 228, n. (23) (h). London Assurance Co. v. Russell, 1 Pa. Super. 320 187, n. (1) (b), (f); 198, n. (1) (b). Long's Est., 87 Pa. 114 48, n. (5) (a). Long's Est., 165 Pa. 341 45, n. (3) (k). Long v. Milford Twp., 137 Pa. 122 186, n. (1) (a). Long v. Bank, 211 Pa. 165 43, n. (2) (a2). Long v. Hepps, 45 Pa. Super. 76 187, n. (1) (i). Long v. Long, 4 Pa. 29 228, n. (13) (b). 647 Lon-Mah TABLE OF CASES. Long v. Maguire, 22 Pa. 163 228, n. (1) (a) ; n. (17) (a). Long v. McHenry, 45 Pa. Super. 530 88, n. (1) (c). Long v. Milford, 137 Pa. 122 228, n. (20) (b2). Long v. Ramsay, 1 S. & R. 72 228, n. (20) (c) ; n. (21) (a). Lonzer v. R. R., 196 Pa. 610 228, n. (23) (e), (f). Loomis v. Ross, 12 Pa. Super. 95 228, n. (24) (e). Lorain v. Hall, 33 Pa. 270 228, n. (22) (k2). Lorenz v. King, 38 Pa. 93 228, n. (30) (f). Lothrop v. Wightman, 41 Pa. 297 161, n. (5) (f), (p). Louchheim v. Henzey, 9 W. N. C. 571 228, n. (23) (e) ; n. (24) (p2). Loveland v. Howe, 2 Lack. L. N. 34 59, n. (4) (d). Lovett v. Mathews, 24 Pa. 330 187, n. (4) (b). Lowenstein v. Bache, 37 Pa. Super. 420 183, n. (5) (f). Lowenstein v. Ins. Co., 132 Pa. 410 126, n. (1) (a), (c) ; n. (4) (a) ; 190, n. (12) (a); 193, n. (3); 228, n. (24) (r2). Lower Augusta Twp. v. Selinsgrove, 64 Pa. 166 85, n. (1) (a) ; n. (2) (d);n. (2) (f ) ; n. (2) (g). Lower Merion Twp. v. Cline, 211 Pa. 559 48, n. (1) (c) ; 182, n. (3); n. (4) (e2). Lower Merion Road, 18 Pa. 238 228, n. (11) (a). Lower Saucon Twp. v. Broadhead, 9 Atl. 63 228, n. (24) (b3). Lowrey v. Robinson, 141 Pa. 189 82, n. (1) (a) ; 161, n. (4) (g) ; 228, n. (24) (12). Lowry's Est., 36 Pa. Super. 143 228, n. (18) (g), (q). Ludwig Piano Co. v. Browne, 33 Pa. Super. 81 186, n. (1) (a) ; 228, n. (4) (f);239, n. (2) (u). Lupton v. Moore, 101 Pa. 318 228, n. (30) (f). Luther v. Luther, 226 Pa. 144 228, n. (18) (m). Luzerne County Poor Dist. v. Poor Dist., 22 Pa. Super. 274 85, n. (1), (b). Lycoming Fire Ins. Co. v. Storrs. 97 Pa. 354 43, n. (3) (b). Lycoming Ins. Co. v. Schreffler, 42 Pa. 188 228, n. (22) (a). Lycoming Ins. Co. v. Sailer, 67 Pa. 108 228, n. (25) (a). Lynch v. City, 151 Pa. 380 228, n. (23) (d), (e). Lynch v. Welsh, 3 Pa. 294 228, n. (22) (a). Lyon v. Dunn, 196 Pa. 90 48, n. (1) (v) ; 161, n. (4) (r). Lyons v. Phillips, 106 Pa. 57 228, n. (11) (b) ; n. (24) (z3). Lyons v. Lyons, 207 Pa. 13 228, n. (18) (m). Lyons v. Means, 1 Pa. Super. 608 228, n. (4) (i). Lyons 's Ap., 61 Pa. 15 146, n. (2) (g). Lytle v. Rupert, 44 Pa. Super. 493 187, n. (1) (k). Machen v. Ry., 13 Pa. Super. 642 228, n. (19) (a). Mackaness v. Long, 85 Pa. 158 43, n. (2) (b2) ; 182, n. (2) (12). Mackintyre v. Jones, 9 Pa. Super. 543 228, n. (18) (h). Madara v. Eversole, 62 Pa. 160 228, n. (23) (h), (k). MacKellar v. Seeds, 10 Pa. Super. 167 288, n. (15) (a). Madison Overseers v. Overseers, 3 Sad. 494 190, n. (12) (m). Magill v. Kaufman, 4 S. & R. 317 163, n. (4) (b). Mahaffey v. Byers, 151 Pa. 92 228, n. (20) (h). 648 TABLE OF CASES. Mah-Mau Mahanoy City v. Wadlinger, 142 Pa. 308 48 n. (2) (c) ; 182, n. (4) (b). Maher v. Traction Co., 181 Pa. 391 43, n. (10) (c). Maher v. Ashmead, 30 Pa. 344 146, n. (1) (b) ; 228, n. (11) (e). Mahoning County Bank's Ap., 32 Pa. 158 43, n. (2) (b). Makof v. Sherman, 17 Dist. 55 117, n. (3) (c). Malone v. R. R., 157 Pa. 430 187, n. (1) (b) ; 228, n. (20) (m) ; n. (22) (f), (k); n. (25) (a). Malson v. Fry, 1 Watts 433 228, n. (20) (j) ; n. (23) (d). Maneval v. Jackson Twp., 141 Pa, 426 74, n. (1) (h). Manhattan L. I. Co. v. McLaughlin, 80 Pa, 53 43, n. (9) (h) ; 51, n. (2) (a). Manheim Twp. Road, 12 Pa. Super. 279 231, n. (1) (a). Manley v. Okell, 19 Pa. Super. 240 193, n. (2) (a) ; 196, n. (1) (a). Mann v. Cassidy, 1 Brews. 11 161, n. (4) (a). Mann v. Cowan, 8 Pa. Super. 30 228, n. (20) (r). Mansfield Coal Co. v. McEnery, 91 Pa. 185 228, n. (8) (1). Mapes v. Packing Co., 31 Pa. Super. 453 186, n. (1) (c). Marbaker v. Matson, 3 Walk. 506 43, n. (9) (j). March v. Com., 16 S. & R. 319 46, n. (1) (a). Marcy v. Springville Twp., 24 Pa. Super. 521 77, n. (1) (c). Marcy v. Brock, 207 Pa. 95 228, n. (9) (b) ; n. (24) (q2). Markle v. Berwick, 142 Pa. 84 187, n. (1) (b). Markle v. Wilbur, 200 Pa. 473 239, n. (2) (g). Marks v. Baker, 2 Pa. Super. 167 167, n. (1) (a) ; 168, n. (1) (a). Marquis v. McKay, 216 Pa. 307 50, n. (4) (a); n. (5) (b). Marr v. Marr, 6 Sad. 138 228, n. (18) (m2). Marten's Ap., 13 W. N. C. 289 43, n. (9) (n). Martin v. Strong, 35 Pa. Super. 635 183, n. (4) (b). Martin v. Rider, 181 Pa. 265 242, n. (1) (h). Martinburg Bank v. Penna. Co., 150 Pa. 36 228, n. (4) (1). Martinsburg Bank v. Telephone Co., 150 Pa. 331 228, n. (18) (z). Martzinger v. Smith, 9 W. N. C. 274 141, n. (1) (i). Mathew's Case, 92 Pa. 138 182, n. (4) (e). Mathews v. Scranton, 1 Lack. L. R. 474 228, n. (5) (b). Mathushek Piano Co. v. Engberry, 20 Pa. Super. 543 147, n. (4) (c);186, n. (1) (a);187,n. (1) (b). Mattern's Ap., 3 W. N. C. 166 45, n. (3) (q). Matthew's Ap., 13 W. N. C. 12 199, n. (1) (d). Matthews v. Sharp, 99 Pa. 560 183, n. (6) (b). Matthews v. Rising, 194 Pa. 217 117, n. (1) (a). Mauch Chunk v. Nescopeck, 21 Pa. 46 48, n. (1) (12) ; 146, n. (2) (a);161,n. (4) (i). Mauk's Est., 195 Pa. 483 193, n. (1) (a). Maurer's Est., 148 Pa. 272 185, n. (1) (h). Maurer's Ap., 148 Pa. 272 185, n. (3) (a). Maust v. Creasy, 42 Pa. Super. 633 228, n. (25) (h). Maus v. Montgomery, 15 S. R. 221 228, n. (20) (o2). Mans v. Maus, 6 Watts 275 228, n. (15) (a) ; n. (24) (f ) ; n. (30) (a);n. (22) (n), (e2), (f2). 649 Max-McC TABLE OF CASES. Max Meadows L. & I. Co. v. Mendinhall, 4 Pa. Super. 398 50, n. (4) (a). May's Est., 25 Pa. Super. 267 43, n. (6) (c). May's Est., 22 Pa. Super. 77 43, n. (7) (d) ; 111, n. (1) (a). May's Est., 218 Pa. 64 117, n. (2) (e) ; n. (4) (c). May v. Troutman, 4 Pa. Super. 42 186, n. (1) (a). Mayer v. Brimmer, 15 Pa. Super. 451 74, n. (1) (b) ; 126, n. (4) (e). Maynard v. Bank, 20 W. N. C. 272 228, n. (23) (d). Maynes v. Atwater, 88 Pa. 496 228, n. (23) (1). McAdams v. Stilwell, 13 Pa. 90 161, n. (6) (b) ; 228, n. (11) (a). McAllister's Ap., 59 Pa. 204 43, n. (6) (g). McArdle's Est., 28 Pa. Super. 106 228, n. (18) (g) (1). McArthur v. Chase, 5 Sad. 67 228, n. (11) (a). McBeth v. Newlin, 15 W. N. C. 129 183, n. (2) (k) ; 190, n. (12) (e);228,n. (24) (b). McBride v. Rinard, 172 Pa. 542 185, n. (1) (i) ; 228, n. (18) (b). McCabe's License, 11 Pa. Super. 560 43, n. (5) (v) ; 146, n. (2) (c). McCabe v. Emerson, 18 Pa. Ill 47, n. (1) (a). McCabe v. Phila., 12 Pa. Super. 383 228, n. (20) (e) j n. (21) (h). McCafferty v. R. R., 193 Pa. 339 43, n. (10) (d). McCahan's Est., 221 Pa. 186 228, n. (18) (k). McCahan v. Reamey, 33 Pa. 535 43, n. (9) (h) ; 51. n. (2) (a). McCahan v. Wharton, 12 Pa. 424 190, n. (14) (b) ; 228, n. (8) (f ) ; n. (20) (j). McCall v. Crousillat, 3 S. & R. 7 244, n. (1) (d). McCalmont v. Allegheny Co., 29 Pa. 417 8, n. (4). McCandless v. McWha., 20 Pa. 183 161, n. (9) (b). McCandles v. Young, 96 Pa. 289 190, n. (12) (a). McCandless Twp. Road, 110 Pa. 605 182, n. (4) (e). McCann's Ap., 49 Pa. 304 228, n. (24) (h3). McCanna v. Johnston, 19 Pa. 434 228, n. (1) (j) ; n. (2) (i) j n. (4) (P). McCarr's Est., C. P. Ct., 15 W. N. C. 485 66, n. (3) (b). McCarter's Ap., 78 Pa. 401 45, n. (3) (a). McCarthy v. R. R., 211 Pa. 193 183, n. (2) (q). McCarty v. Gordon, 4 Whar. 321 228, n. (22) (x) ; n. (23) (e). McCaskey v. Graff, 23 Pa. 321 228, n. (1) (a) ; n. (17) (a), (d). McCauley's Ap., 86 Pa. 187 228, n. (24) (e4). McClain v. County, 14 Pa. Super. 273 228, n. (4) (v). McClain v. Lawrence County, 14 Pa. Super. 273 228. n. (13) (m). McClain v. Com., 110 Pa. 416 228, n. (21) (d) ; n. (24) (p2). McClay v. Hanna, 4 Dal. 160 45, n. (2) (a) ; n. (3) (h). McClelland v. Pomeroy, 75 Pa. 410 228, n. (24) (z3). McClemmons v. Graham, 3 Bin. 88 182, n. (2) (a) ; n. (3) (a). McClintock v. R. R., 21 W. N. C. 133 228, n. (21) (a). McCloskey v. R. R., 156 Pa. 254 146, n. (2) (d) ; 228, n. (16) (a). McClung v. Murphy, 2 Miles 177 43, n. (2) (c). McClurg v. Willard, 5 Watts 275 228, n. (23) (e). McClurg's Ap., 66 Pa. 366 61, n. (2) (a) ; 228, n. (24) (y2). 650 TABLE OF CASES. McC-McG McCombs v. Railroad Co., 130 Pa. 182 228, n. (22) (k). McConahy v. R. R., 31 Pa. Super. 215 183, n. (2) (f), (i) ; 185, n. (2) (a). McConkey v. Com., 101 Pa. 416 228, n. (21) (e). McConnell v. R. R., 206 Pa. 370 147, n. (4) (c). McCord v. Durant, 134 Pa. 184 186, n. (1) (a). McCord v. Whitaker, 8 Pa. Super. 277 228, n. (19) (i) ; n. (20) (a). McCormick v. McGonigal, 4 Pa. Super. 408 228, n. (18) (q). McCormick v. McCormick, 194 Pa. 107 228, n. (21) (a). McCosh v. Myers, 25 Pa. Super. 61 43, n. (7) (q), (r). McCosh v. Myers, 25 Pa. Super. 61 228, n. (20) (a), (r). McCoy v. Hance, 28 Pa. 149 190, n. (4) ; n. (14) (b) ; 228, n. (22) (t). McCoy v. Porter, 17 S. & R. 59 228, n. (5) (a). McCracken v. Clark, 31 Pa. 498 228, n. (2) (h). McCracken v. Roberts, 19 Pa. 390 228, n. (23) (d). McCredy v. James, 6 Whar. 547 228, n. (13) (d). McCue v. Com., 78 Pa. 185 46, n. (10); 230, n. (1) (b). McCullough v. Kinnan, 31 Pa. Super. 557 228, n. (24) (z3). McCullough v. Seitz, 28 Pa. Super. 958 183, n. (4) (r) ; 187, n. (1) (b). McCully v. Barr, 17 S. & R. 445 228, n. (24) (k2) ; n. (29) (d). McDermott v. Blank, 230 Pa. 392 98, n. (1) (a). McDermott v. Woods, 147 Pa. 356 228, n. (24) (c). McDonough's Case, 37 Pa. 275 182, n. (4) (12). McDowell v. Oyer, 21 Pa. 417 228, n. (20) (j). McDyer v. By., 227 Pa. 641 161, n. (4) (g). McElheny v. McKeesport Bridge Co., 153 Pa. 108 190, n. (12) (a). McElroy v. Braden, 152 Pa. 78 187, n. (1) (b). McFadden v. McFadden, 211. Pa. 599 120, n. (2) (b) ; 242, n. (1) (i). McFadden v. Rausch, 119 Pa. 507 190, n. (14) (b) ; 228, n. (23) (c), (e). McFait's Ap., 8 Pa. 290 228, n. (28) (c). McFall v. Ice Co., 123 Pa. 253 228, n. (23) (c). McFarland v. Clark, 4 W. N. C. 250 67, n. (1) (b) ; 146, n. (2) (g). McFarland v. Township, 12 S. & R. 297 228, n. (1) (b) ; n. (17) (a). McFarland v. Newman, 9 Watts 55 228, n. (23) (1). McFeaters v. Pattison, 188 Pa. 270 228, n. (21) (a), (r2). McGarry v. McGarry, 9 Pa. Super. 71. McGeary v. Huff, 31 Pa. Super. 401 43, n. (5) (h). McGeary v. Raymond, 17 Pa. Super. 308 185, n. (3) (a) ; 187, n. (2) (a); 190, n. (13) (a). McGeehan v. Hughes, 217 Pa. 121 88, n. (4) (a) ; 126, n. (3) (f ) ; 228, n. (3) (e). McGeehan v. Hughes, 223 Pa. 524 126, n. (4) (s). McGeorge v. Steel & Iron Co., (C. P. Mont'g Co.), 11 Phila. 602 36, n. (1). McGiffin v. Grocery Co., 29 Pa. Super. 431 228, n. (24 (p2). 651 McG-McN TABLE OF CASES. McGinn v. Benner, 180 Pa. 396 228, n. (18) (t). McGinnis v. Com. 102 Pa. 66 228, n. (24) (p2) ; 230, n. (1) (a). McGinnis v. Com., 74 Pa. 245 48, n. (1) (g2) ; 182, n. (2) (a), (g). McGinnis v. Ins. Co., 38 Pa, Super. 390 161, n. (1) (h). McGlue v. Phila., 105 Pa. 236 43, n. (1) (g) ; n. (3) (w) ; 126, n. (5). McGonnigle v. McGonnigle, 5 Pa. Super. 168, 178 228, n. (30) (b). McGrain v. Ins. Co., 5 Pa. Super. 488 288, n. (15 (g). McGrain v. Hilton, 221 Pa. 568 228, n. (18) (n), (s). McGraw v. Ins Co., 5 Pa. Super. 488 228, n. (15). McGrew v. Lippincott, 6 P. L. J. 67 228, n. (19) (a). McHenry v. Bulifant, 207 Pa. 15 228, n. (22) (n) ; n. (26) (e). McHugh v. Schlosser, 159 Pa. 480 228, n (23) (e). Mclldowny v. Williams, 28 Pa. 492 228, n. (23) (h). Mcllvaine v. Mcllvaine, 6 S. & R. 559 228, n. (20) (s). McKee v. Sanford, 25 Pa. 105 11, n. (3) (d) ; 42, n. (1) (d) ; 228, n. (24) (z3). McKeeby v. Webster, 170 Pa. 624 163, n. (4) (b) ; 167, n. (1) (c). McKellar v. Leeds, 10 Pa. Super. 167 228, n. (14) (a). McKelvey v. Wilson, 9 Pa. 183 185, n. (1) (1). McKelvy v. Ins. Co., 161 Pa. 279 228, n. (21) (h). McKenney v. Fawcett, 138 Pa. 344 228, n. (24) (p2). McKeon v. King, 9 Pa. 213 161, n. (1) (g) ; n. (4) (a). McKnight v. Newell, 209 Pa. 562 187, n. (2) (a) ; 190, n. (13) (a) ; 228, n. (25) (z). McKnight v. Ratcliff, 44 Pa. 165 228, n. (22) (k). McLain v. Com., 110 Pa. 263 288, n. (21) (a). McLane v. Hoffman, 164 Pa. 491 228, n. (24) (b). McLaughlin v. Parker, 3 S. & R. 144 228 n. (13) (r). McLean v. Bindley, 114 Pa. 559 182, -n. (2) (e2) ; 228, n. (30) (a). McLenahan v. Andrews, 135 Pa. 383 228, n. (21) (a). McManus 's Ap., 5 Pa. Super. 65 228, n. (24) (d3). McManus v. Watson, 223 Pa. 581 228, n. (18) (g). McManus v. Turnpike Co. v. R. R., 5 Pa. Super. 65 228, n. (24) (g3). McManus v. Com., 91 Pa. 57 228, n. (24) (p2). McMarlan v. English, 74 Pa. 296 228, n. (20) (x). McMasters v. Blair, 31 Pa. 467 239, n. (4) (b) ; 244, n. (1) (c). McMeekin v. Ry., 229 Pa. 572 228, n. (20) (r). McMeen v. Com., 114 Pa. 300 228, n. (11) (a) ; n. (21) (a) ; n. (24) (d2). McMellen v. Williamson, 32 Pa. Super. 263 11, n. (4) (c) ; 196, n. (1) (a);n. (3) (a) ; 213, n. (1). McMicken v. Com., 58 Pa. 213 228, n. (3) (a). McMillin v. McMillin, 183 Pa. 91 228, n. (18) (t). McMurtrie v. Black, 180 Pa. 66 228, n. (23) (f). McNair v. McLennan, 24 Pa. 384 161, n. (3) (c). McNeilPs Election, 111 Pa. 235 48, n. (1) (y) ; 182, n. (4) (b). McNeil Co. v. Nimick & Co., 194 Pa. 187 228, n. (22) (g2). McNeil Co. v. Steel Co., 207 Pa. 493 228, n. (16) (e) ; n. (19) (d) ; n. (20) (a);n. (21) (a) ; n. (24) ( P 2). 652 TABLE OF CASES. McN-Mif McNulty's Est., 230 Pa. 387 43. n. (6) (k) ; 228, n. (18) (k). McNulty v. R. R., 182 Pa. 479 186, n. (1) (a). McPherran's Est., 212 Pa. 425 228, n. (18) (q). Mechling v. Bank, 34 L. I. 313 163, n. (3) (a). Meckes v. Water Co., 203 Pa. 13 228, n. (18) (e). Medary v. Gathers 161 Pa. 87 82, n. (1) (a) ; 228, n. (24) (12). Medis v. Bentley, 216 Pa. 324 228, n. (20) (r). Meenan's Ap., 11 Pa. Super. 55 146, n. (2) (c). Meese v. Levis, 13 Pa. 384 147, n. (2) (a) ; n. (4) (b) ; 161, n. (7) (b). Mehaffey v. Fink, 13 Pa. Super. 534 126, n. (1) (a) ; 140, n. (3) (b);167, n. (1) (b). Mehring v. B. & L. Asso., 17 W. N. C. 422 50, n. (2) (a). Melchoir v. Ralston, 22 Yeates 154 228, n. (13) (b) ; n. (17) (a). Mellick v. Penna R. R., 203 Pa. 457, 459 188. Mellinger v. R. R. 229 Pa. 122 228, n. (24) (p2). Mellon's Ap., 32 Pa. 121 43, n. (6) (d), (n2) ; 99, n. (1) ; 228, n. (18) (q). Melon Street, 192 Pa. 331 120, n. (2) (c). Melon Street, 182 Pa. 397 121, n. (2) (a). Melon Street, 182 Pa. 399 121, n. (3) (b). Melon Street, 9 Pa. Super. 18 124, n. (1) (a). Melvin v. Melvin, 130 Pa. 6 187, n. (1) (b) ; 228, n. (24) (f). Memphis v. Wilcox, 48 Pa. 161 228, n. (30) (f). Mendenhall v. Mendenhall, 12 Pa. Super. 290 228, n. (18) (f2), (J2). Menger v. Township, 1 Penny. 174 228, n. (19) (a). Menner v. Canal Co., 7 Pa. Super. 135 228, n. (23) (b). Mercer v. Watson, 1 Watts 330 228, n. (8) (g). Mercer School Dist. v. Cummins, 1 Mona. Ill 126, n. (1) (a). Merchants Bank v. Gardner, 31 Pa. Super. 143 228, n. (23) (c). Merkel v. County, 81 Pa. 505 88, n. (1) (a). Merkel v. Berks Co., 81 V 2 Pa. 505 228, n. (11) (a). Merriman v. McManus, 102 Pa. 102 228, n. (15) (g). Messmore v. Morrison, 172 Pa. 300 228, n. (11) (a). Messner v. Lancaster Co., 23 Pa. 291 228, n. (25) (c), (e). Meyers v. Com., 83 Pa. 131 46, n. (10) ; 228, n. (19) (c) ; n. (20) (h);230, n. (1) (b). Meyers v. Ritter, 41 Pa. Super. 590 228, n. (18) (m). Michler v. Com. 62 Pa. 55 228, n. (24) (f). Middleton v. Middleton, 187 Pa. 612 61, n. (2) (a) ; 228, n. (18) (h2). Middletown Road, 15 Pa. Super. 167 108, n. (2) (g) ; 182, n. (4) (k); 183, n. (3) (c) ; 228, n. (11) (e), (f) ; n. (15) (j). Middleton v. Com., 2 Watts 285 46, n. (7) (a) ; 151, n. (1) (b), n. (2). Mifflin Twp. v. Twp., 18 Pa. 17 48, n. (1) (12). Mifflin Twp. Poor Dist. v. Poor Dist., 37 Pa. Super. 611 85, n. (2) (b), (d);155,n. (1) (j) ; 161, n. (6) (g). Mifflin Bridge Co. v. County, 133 Pa. 365 228, n. (20) (k). 653 Mil-Mit TABLE OF CASES. Miles v. Stevens, 3 Pa. 21 228, n. (25) (a). Millbourne Boro., 46 Pa. Super. 19 182, n. (4) (w). Mill Creek Boro., 32 Pa. Super. 465 56, n. (4) (b) ; 228, n. (18) (g);n. (24) (n3). Millcreek Twp. v. Perry, 20 W. N. C. 359 228, n. (24) (12). Miller's Ap., 8 Pa. Super. 223 228, n. (24) (s3). Miller's Est., 159 Pa. 575 126, n. (3) (a), (h) ; n. (4) (b). Miller's License, 8 Pa. Super. 223 228, n. (17) (a). Miller v. Ballfour, 138 Pa. 183 82, n. (2) (a). Miller v. Bealer, 100 Pa. 583 82, n. (3) (a). Miller v. County, 25 Pa. Super. 591 98, n. (1) (a), (b). Miller v. Cambria County 25 Pa. Super. 591 228, n. (18) (q2). Miller v. Doyle, 211 Pa. 59 190, n. (12) (a), (o). Miller v. Fitz, 41 Pa. Super. 582 43, n. (3) (v) ; 77, n. (2) (c), (e). Miller v. Hershey, 59 Pa, 64 88, n. (1) (a) ; 161, n. (5) (u). Miller v. Jackson, 38 Pa, Super. 477 240, n. (1) (a). Miller v. Keene, 5 Watts 348 228, n. (4) (n). Miller v. Lash, 4 Pa. Super. 292 126, n. (1) (a) ; 228, n. (1) (b) ; n. (17) (a). Miller v. Machine Co., 220 Pa. 181 228, n. (22) (a). Miller v. Milford, 2 S. & R. 35 228, n. (24) (j4). Miller v. Miller, 3 Bin. 30 48, n. (1) (m) ; 182, n. (3) (d). Miller v. Miller, 4 Pa. 317 228, n. (13) (f) ; n. (15) (a) ; n. (25) (h). Miller v. Miller, 187 Pa. 572 228, n. (20) (h), (t2) ; n. (21) (h). Miller v. Piatt, 33 Pa. Super. 547 228, n. (18) (h). Miller v. Ralston, 1 S. & R. 309 228, n. (2) (f ) ; n. (8) (q) ; n. (13) (r). Miller v. Sprecher, 2 Yeates 162 228, n. (24) (u). Miller v. Stem, 12 Pa. 383 161, n. (5) (b), (w). Miller v. Summers, 13 Pa. Super. 127 182, n. (1) (b) ; n. (4) (i). Miller v. Warden, 111 Pa. 300 228, n. (30) (f). Mills v. Buchannan, 14 Pa. 95 187, n. (4) (b) ; 228, n. (15) (g) ; n. (22) (e). Mills v. Com., 13 Pa. 630 228, n. (4) (h) ; 230, n. (1) (h). Mills v. Plant, 18 Pa. Super. 80 228, n. (21) (a). Millvale Boro. v. Poxon, 123 Pa. 497 48, (A) ; 56, n. (4) (a). Milton Boro. Overseers v. Overseers, 9 Pa. Super. 204 228, n. (18) (g), (j). Mineral R. R. Co. v. Auten, 188 Pa. 568 228, n. (19) (a). Minick v. Gring, 1 Pa. Super. 484 228, n. (21) (h). Minogue v. Boro., 27 Pa. Super. 506 182, n. (4) (q2). Mintzer v. Hogg, 192 Pa. 137 141, n. (1) (c) ; 161, n. (9) (e). Misel v. Betz, 168 Pa. 328 187, n. (4) (a). Misselwitz's Case, 177 Pa. 359 228, n. (24) (h3). Mitchell's Ap., 60 Pa. 502 45, n. (2) (a) ; n. (3) (i). Mitchell v. Com., 37 Pa. 187 190, n. (12) (a). Mitchell v. Jodon, 22 Pa. Super. 304 183, n. (4) (e) ; 186, n. (1) (a); 228, n. (19) (a). 654 TABLE OF CASES. Mit-Mor Mitchell v. Edeburn, 37 Pa. Super. 223 155, n. (1) (c) ; 185, n. (1) (d); 228, n. (25) (i). Mitchell v. Logan, 37 W. N. C. 398 228, n. (26) (b). Mitchell v. Mitchell, 18 W. N. C. 439 228, n. (19) (a). Mitchell v. Schreiner, 43 Pa. Super. 633 228, n. (20) (o). Mix v. North American, 209 Pa. 636 185, n. (2) (d) ; 228, n. (9) (d) ; n. (24) (p2) ; page 524, Ap. Mixel v. Betz, 168 Pa. 328 228, n. (11) (a). Mixter v. Coal Co., 152 Pa. 395 228, n. (8) (i). Mobley v. Bruner, 59 Pa. 481 82, n. (1) (a) ; 228, n. (24) (12). Mohney v. Evans, 51 Pa. 80 228, n. (23) (h). Mohr v. Warg, 26 Pa. 106 228, n. (12) (h). Monahan v. Auman, 42 Pa. Super. 480 43, n. (2) (d2). Monongahela Bridge Co. v. Ry., 114 Pa. 478 48, n. (5) (e). Monongahela Bridge Co. v. Kirk, 46 Pa. 112 228, n. (20) (g). Monongahela Gas Co. v. Gas Co., 43 Pa. Super. 619 50, n. (2) (a). Monongahela Ins. Co. v. Chester, 43 Pa. 491 228, n. (20) (w). Montgomery v. Cunningham, 104 Pa. 349 161, n. (4) (g). Montgomery v. Cunningham, 104 Pa. 459 228, n. (11) (a). Montoursville Boro. Overseers v. Overseers, 112 Pa. 99 85, n. (1) (a); 182, n. (1) (b). Montz v. Morris, 89 Pa, 392 228, n. (20) (d). Moock v. Conrad, 155 Pa. 586 43, n. (3) (t) ; 182, n. (4) (t2) ; 228, n. (24) (t). Moodie v. Ashland Bank, 1 W. N. C. 324 233, n. (1) (c) ; 242, n. (3) (a). Moody 's Ap., 1 Penny. 282 168, n. (1) (a). Moore's Ap., 203 Pa. 376 43, n. (3) (y) ; 54, n. (2) (a). Moore's Estate, 211 Pa. 338 228, n. (18) (1) ; n. (24) (p3). Moore v. Adams. 29 Pa. Super. 239 228, n. (14) (a). Moore v. Bischoff, 25 Pa. Super. 1 193, n. (1) (a). Moore v. Miller, 8 Pa. 272 228, n. (23) (e), (h). Moore v. Neubert, 21 Pa. Super. 144 228, n. (29) (i). Moore Twp. Road, 17 Pa. 116 228, n. (24) (a3). Moore v. Porter, 13 S. & R. 100 239, n. (2) (a). Moore v. Publishing Co., 8 Pa. Super. 152 228, n. (19) (a). Moore v. Steamboat Co., 196 Pa. 519 44, n. (6) (u). Moore v. Houston, 3 S. & R. 168 126, n. (3) (j). Moore v. Dunn, 147 Pa. 359 66, n. (2) (a) ; n. (3) (e). Moore v. Park Co. 196 Pa. 519 43, n. (3) (x). Moosic Boro., 12 Pa, Super. 353 56, n. (4) (b) ; 190, n. (13) (h) ; 194, n. (1) (b); 228, n. (24) (u3). Morbergen v. Hackenberg, 13 S. & R. 26 147, n. (3) (a). Morch v. Raubitschek, 159 Pa. 559 46, n. (2) (a); 48, n. (2) (a). Moreland Twp. v. Davidson, 71 Pa. 371 85, n. (1) (a). Moreland Twp. Overseers v. Benton Twp. Poor Dist., 3 W. N. C. 20 228, n. (1) (b); n. (17) (a). Morgan's Ap., 19 W. N. C., 19 190, n. (12) (n). Morgan v. Duguesse Boro., 29 Pa. Super. 100 82, n. (1) (a). Morgan v. County, 8 Pa. Super. 96 43, n. (9) (j). 655 Mor-Mur TABLE OF CASES. Morgan v. Gamble, 230 Pa. 165 186, n. (1) (a) ; 228, n. (15) (g). Morgan v. Terrell, 45 Pa. Super. 639 43, n. (6) (j). Morrell v. Express Co., 34 L. I: 321 228, n. (25) (d), (t). Morrellville Boro., 7 Pa. Super. 532 182, n. (4) (x). Morris's Ap., 42 L. I. 395 228, n. (24) (p3). Morris v. Transit Co., 215 Pa. 317 228, n. (13) (k). Morris v. Buckley, 8 S. & R. 211 161, n. (6) (a) ; n. (7) (a). Morris v. Buckley, 11 S. & R. 168 183, n. (4) (q) ; 228, n. (13) (t). Morris v. Rapid Tr. Co., 215 Pa. 317 190, n. (14) (b). Morrison v. Bachert, 2 Mona. 664 222, n. (1) (c). Morrison v. Moreland, 15 S. & R. 61 147, n. (3) (a). Morrison v. Nevin, 130 Pa. 344 183, n. (2) (h) ; 228, n. (1) (b) ; n. (17) (a);n. (24) (b). Morrison v. Davis, 20 Pa. 171 228, n. (22) (a). Morrison's Cove Turnpike, 30 Pa. Super. 51 100, n. (2) (b) ; 182, n. (4) (1) ; 231, n. (1) (b). Mortimer's Ap., 9 W. N. C. 313 228, n. (24) (r2). Morton's Case, 3 Whar. 170 228, n. (13) (b). Morton v. Weaver, 99 Pa. 51 228, n. (23) (e). Morton v. Funk, 6 Pa. 483 228, n. (11) (a) ; n. (13) (f ) ; n. (15) (a). Morton Boro., 15 Pa. Super. 466 56, n. (7) (b). Moser v. Hock, 3 Pa. 230 182, n. (2) (h2). Moser v. Mayberry, 7 Watts 12 228, n. (24) (o2), (r2). Moss's Case, 219 Pa. 453 182, n. (4) (g). Moss v. Mitchell, 174 Pa. 517 43, n. (3) (q) ; 182, n. (4) (h). Mossman v. Higginson, 4 Ball. 12 232, n. (1) (h). Moudy Mfg. Co. v. R. R., 212 Pa. 156 228, n. (19) (i). Moxham v. Fundale Bridge, 36 Pa. Super. 298 228, n. (24) (v3). Meyer's Ap., 8 Pa. Super. 475 228, n. (24) (s3). Moyer v. Dodson, 9 Del. 398 163, n. (3) (g) ; 169, n. (1) (a). Moyer v. Fretz, 1 Mona. 289 228, n. (20) (a2). Moyer v. Kirby, 14 S. & R. 162 228, n. (2) (f). Moyer v. Phillips, 40 Pa. Super. 1 155, n. (1) (a) ; 198, n. (1) (f ) ; 228, n. (9) (b);n. (24) (p2). Mulf air's Ap., 110 Pa. 402 229, n. (2) (a). Mulhearn v. Roach, 24 Pa. Super. 483 228, n. (25) (c), (e). Mulholland's Case, 217 Pa. 631 146, n. (1) (i) ; 182, n. (4) (d), (f). Mullen v. Wilson, 44 Pa. 413 228, n. (19) (a). Mullet v. Hensel, 7 Pa. Super. 524 74, n. (1) (s) ; 288, n. (24) (z3). Munderback v. Lutz, 14 S. & R. 125 147, n. (2) (a) ; 161, n. (5) (e); 228, n. (1) (b) ; n. (17) (a), (d) ; n. (22) (a), (i), (o), (p), (q), (d2). Mundorf v. Grier, 7 Pitts. L. 164 51, n. (4) (s). Munson v. Crookstin, 219 Pa. 419 187, n. (1) (b). Murdock v. Martin, 132 Pa. 86 43, n. (2) (g) ; 82, n. (1) (c). Murdock v. Martin, 147 Pa. 203 190, n. (14) (b). Murphy's Est, 21 Pa. Super. 384 228, n. (18) (h), (k). Murphy v. Dyer, 223 Pa. 18 186, n. (1) (c). 656 TABLE OF CASES. Mur-New Murphy v. Flood, 2 Gr. 411 161, n. (4) (c). Murphy v. Chase, 103 Pa. 260 228, n. (1) (c) ; n. (27) (g). Murphy v. Crosson, 98 Pa. 495 228, n. (23) (h). Murray v. Com., 79 Pa. 311 228, n. (20) (h) ; n. (22) (a) ; n. (22) (c), (t2). Murtland v. English, 214 Pa. 325 183, n. (4) (e) ; 228, n. (24) (q2). Musgrove's Case, 216 Pa. 598 29, n. (4). Mushrush's Est., 23 C. C. 629 169, n. (1) (c). Musick v. Borough, 184 Pa. 375 228, n. (22) (e). Musselman v. K. R., 2 W. N. C. 105 228, n. (20) (d). Musser v. Ry., 176 Pa. 621 228, n. (25) (v). Mutual Life Ins. Co. v. Tenan, 188 Pa. 239 43, n. (5) (z) ; n. (7) (1). Mutual Ins. Co. v. Tenan, 204 Pa. 332 228, n. (6) (t). Myer v. Myer, 187 Pa. 247 228, n. (1) (f). Myers v. Litts, 195 Pa. 595 187, n. (1) (b). Myers v. Coal Co., 126 Pa. 582 228, n. (20) (u) ; n. (22) (s) ; n. (23) (n); n. (24) (a2). Myers v. Ins. Co., 26 Pa. 192 228, n. (22) (s) ; n. (23) (n). Myersdale, etc. Ry. v. Ry., 219 Pa. 559 228, n. (22) (u). Nassauer v. Ins. Co., 109 Pa. 507 228, n. (20) (a). National Dredging Co. v. Mundy, 155 Pa. 233 228, n. (23) (m). National Lumber Co. v. Mehaffy, 30 Pa. Super. 544 190, n. (8); n. (12) (a). National Transit Co. v. Pipe Line Co., 180 Pa. 224 44, n. (6) (a), (t). Neel v. McElhenny, 189 Pa. 489 244, n. (1) (f). Neff v. R. R., 202 Pa. 371 228, n. (9) (b). Neff v. Barr, 14 S. & R, 166 228, n. (24) (3). Neil's Est., 27 Pa. 208 228, n. (17) (a). Neil v. Tate, 27 Pa. 208 228, n. (1) (a). Neiman v. Ward, 1 W. & S. 68 228, n. (20) (c). Nesbitt v. Turner, 155 Pa. 429 228, n. (26) (b). Neubert v. Water Co., 26 Pa. Super. 608 77, n. (3) ; 104, n. (1) (a);108,n. (3) (c) ; 115, n. (1). Newbaker v. Alricks, 5 Watts 183 228, n. (23) (d), (e). Newbold v. Wright, 4 Rawle 195 228, n. (23) (h). Newbold v. Newbold, 1 W. N. C. 134 141, n. (1) (i), (j). New Castle v. Electric Co., 2 Pa. Super. 228 50, n. (1) ; n. (4) (w). New Castle R. R.'s Ap., 3 Walk. 281 44, n. (5) (c) ; 71, n. (1) (b). New Castle v. Genkinger, 37 Pa. Super. 21 243, n. (2) (a) ; n (3) (g). Newhard v. Yundt, 132 Pa. 324 228, n. (21) (a). Newhart v. Wolfe, 2 Penny. 295 228, n. (24) (J4). Newlin's Petition, 123 Pa. 541 38, n. (1) (i). Newlin v. Harris, 209 Pa. 558 77, n. (1) (a). Newlin v. Palmer, 11 S. & R. 98 228, n. (13) (f) ; n. (24) (g). Newman v. Edwards, 34 Pa. 32 228, n. (19) (a). New York, etc. R. R. v. Enches, 127 Pa. 316 228, n. (19) (k) ; n. (22) (e), (h). 657 42 New-O'D TABLE OF CASES. New York Tr. Co. v. Coal Co., 227 Pa. 630 50, n. (4) (a). Nice v. Bowman, 6 Watts 26 146, n. (2) (g). Nichols's Petition, 180 Pa, 591 35, n. (2) (c). Nicholas v. Wolfersberger, 5 S. & R. 167 228, n. (24) (J4). Nicoll v. McCaffrey, 1 Pa. Super. 187 146, n. (2) (b), (h). Nieman v. Ward, 1 W. & S. 68 228, n. (20) (d) ; n. (21) (h). Nippes's Ap., 35 L. I. 245 228, n. (6) (i). Noar v. Gill, 111 Pa. 488 187, n. (1) (b). Noble v. McClintock, 6 W. & S. 58 228, n. (22) (h). Nobles v. Piolett, 16 Pa. Super. 386 182, n. (4) (e), (k). Noel v. White, 37 Pa. 514 228, n. (23) (g). Nolt v. Crow, 22 Pa. Super. 113 187, n. (2) (h). Norbeck v. Davis, 157 Pa. 399 187, n. (1) (b) ; n. (4) (d). Norris v. Breakwater Co., 231 Pa, 163 228, n. (6) (f). Norris v. Ins. Co., 3 Yeates 84 161, n. (6) (b). Norristown Boro. v. Fornance, 1 Pa. Super. 129 183, n. (2) (c) ; 187, n. (1) (b);n. (2) (j). North v. Pantall, 197 Pa. 303 11, n. (4) (c) ; 140, n. (3) (d). Northern Cent. R. R. Co. v. Husson, 101 Pa. 1 228, n. (23) (e). Northampton County's Ap., 57 Pa. 452 182, n. (4) (a). North Franklin Twp. Road, 8 Pa, Super. 358, n. (4) (o). North Mountain Water Co. v. Troxell, 233 Pa. 315 183, n. (2) (a), (f), (i);190, n. (3) (b). North Penna. R. R. v. Davis, 26 Pa. 238 228, n. (24) (e3). North Penna. R. R. v. Kirk, 90 Pa. 15 161, n. (4) (f) ; 228, n. (22) (p);n. (23) (g), (h). North Shore R. R. v. Penna. Co., 193 Pa. 641 288, n. (11) (e), (f). North Shore R. R. v. Penna. Co., 231 Pa. 307 71, n. (1) (g). Northumberland County Bank v. Eyer, 60 Pa. 436 88, n. (1) (a) ; 183, n. (3) (b);228, n. (30) (d). Northwest B. & L. Asso. v. Godfrey, 41 Pa. Super. 237 50, n. (4) (a). North Whitehall Twp., 47 Pa. 156 228, n. (24) (b), (c). Norton v. Lehn, 13 W. N. C. 339 228, n. .(20) (e). Norwegian Twp., 20 Pa. 324 146, n. (1) (e). Nugent v. Trac. Co., 183 Pa. 142 228, n. (4) (a) ; n. (5) (a) : n. (8) (h). Nulton v. Campbell, 15 Pa. Super. 151 190, n. (14) (a). Numan v. Kupp, 5 Bin. 73 228, n. (20) (x). Oakland Boro. v. Boyden, 22 Pa. Super. 278 183, n. (2) (f ) ; 190, n. (12) (o); n. (14) (a); 196, n. (1) (a). Oakland Ry. v. Fielding, 48 Pa. 320 228, n. (20) (u). Oakland Ry. v. Thomas, 1 Penny. 435 161, n. (5) (c). Oakley v. Borough, 25 Pa. Super. 425 228, n. (18) (a). Obney v. Obney, 26 Pa. Super. 116 228, n. (18) (m). O'Brien's Est., 22 Pa. Super. 475 155, n. (1) (a), (f). O'Brien v. Collins, 205 Pa. 651 228, n. (18) (m). O'Donnell v. Allegheny R, R., 50 Pa. 490 190, n. (12) (a). O'Donnell v. Broad, 149 Pa. 24 242, n. (1) (f). 658 TABLE OF CASES. O'D-Pal O'Donnell v. Clements, 23 Pa. Super. 447 183, n. (2) (f ) ; 186, n. (1) (b); 190, n. (1) (a); n. (12) (k) ; 193, n. (1) (a). O'Donnell v. Gaffney, 22 Pa. Super. 316 183, n. (4) (e) ; 228, n. (19) (a), (r);n. (20) (k), (r). O'Donnell v. Lynch, 1 W. & S. 283 228, n. (25) (a), (e). Oehm v. Gas Co., 10 Pa. Super. 593 228, n. (22) (w) ; n. (23) (h). Oehmler v. Ry. Co., 25 Pa. Super. 617 228, n. (20) (a), (r). Offerle v. Lumber Co., 170 Pa. 29 44 n. (6) (p). O'Hara v. R. R., 2 Gr. 241 43, n. (2) (a2) ; n. (3) (w2). O'Hara v. Baum, 1 Penny. 430 228, n. (24) (o4). O'Hara v. Richardson, 46 Pa. 385 228, n. (20) (d). O'Hara Twp. Road, 152 Pa. 319 183, n. (3) (c) ; 228, n. (11) (e) ; n. (15) (j). Ohio, etc. R. R. v. Bradford, 19 Pa. 363 261, n. (4) (j). Old Colony Tr. Co. v. Transit Co., 192 228, n. (18) (n). Old Forge Boro., 12 Pa. Super. 359 48, n. (1) (f ) ; 56, n. (4) (b) ; 228, n. (24) (u3). Oldham v. Express Co., 25 Pa. Super. 549 228, n. (21) (a), (g). Omensetter v. Kemper, 6 Pa. Super. 309 186, n. (1) (c) ; 228, n. (20) (a); n. (21) (a). Omit v. Com., 21 Pa. 426 228, n. (15) (h). Oram v. Rothermel, 98 Pa. 300 228, n. (20) (h) ; n. (23) (h). Ordroneaux v. Brady, 6 S. & R. 510 228, n. (24) (f). Ormsby v. Ihmsen, 34 Pa. 462 47, n. (1) (b). Orlady v. McNamara, 9 Watts, 192 43, n. (2) (r). Orr v. Rogers, 29 Pa. Super. 175 43, n. (2) (t) ; 77, n. (2) (b). Osborne Boro., 101 Pa. 284 228, n. (24) (a3). Osterheldt v. Phila., 195 Pa. 355 190, n. (12) (k). Osterheldt v. Philada., 195 Pa. 362 225, n. (1) (c). Osterling v. Carpenter, 230 Pa. 153 228, n. (4) (g). Osterman v. Patterson, 219 Pa. 162 228, n. (18) (g). Oswald v. Kennedy, 48 Pa. 9 161, n. (4) (g) ; 228, n. (11) (a). OToole v. Publishing Co., 179 Pa. 271 228, n. (19) (a). Ott v. Oyer, 106 Pa. 6 190, n. (13) (1) ; 228, n. (19) (a) ; n. (20) (c), (h). Overfield Twp. Road, 25 Pa. Super. 5 228, n. (24) (d3). Overfield v. Christie, 7 S. & R. 173 228, n. (19) (a). Owen's Ap., 78 Pa. 511 45, n. (2) (h). Owen's Case, 140 Pa. 565 146, n. (2) (a); 182, n. (4) (i2) ; 228, n. (18) (g), (n2). Owens v. Lancaster, 193 Pa. 436 228, n. (20) (n) ; n. (21) (a). Owens v. Railway, 155 Pa. 334 228, n. (20) (a). Packer v. Owens, 164 Pa. 185 43, n. (2) (a2). Page v. Lytle, 229 Pa. 198 150, n. (2). Page v. McNaughton, 2 Pa. Super. 519 126, n. (1) (a) ; 132, n. (2) (c) ; 140, n. (3) (c) ; 167, n. (1) (a) ; 168, n. (1) (a). Paine v. Kindred, 163 Pa. 638, 642 50, n. (4) (a). Painters Lateral Railroad, 198 Pa. 461 174, n. (1). Palethorp's Est., 160 Pa. 316 45, n. (3) (g). 659 Pal-Pie TABLE OF CASES. Paletkorp v. Palethorp, 184 Pa. 585 11, n. (4) (c). Palethorp v. Palethorp, 168 Pa. 102 44, n. (6) (d). Palethorp v. Whitaker, 1 W. N. C. 163 190, n. (13) (a) ; 199, n. (1) (c). Palm's Est., 13 Pa. Super. 296 239, n. (3) (e). Palmer's Est., 132 Pa. 297 228, n. (24) (i), (r3). Palmer v. R. R., 215 Pa. 518 168, n. (2) (b). Palmer v. Pub. Co., 7 Pa. Super. 594 228, n. (9) (c) ; n. (24) (p2). Palmer v. School Board, 40 Pa. Super. 203 228, n. (24) (s4). Pantall v. Iron Co., 204 Pa. 158 183, n. (4) (q) ; 228, n. (31) (c). Pantall v. Mclntyre, 197 Pa. 520 44, n. (6) ; 126, n. (6) (d). Pardee v. Orvis, 103 Pa. 451 228, n. (29) (f). Park v. Holmes, 147 Pa. 497 228, n. (28) (h) ; 232, n. (2) (c). Parker Twp. Overseers' Ap., 1 Sadler 160 48, n. (1) (m2). Parker Township Overseers v. Overseers, 13 W. N. C. 141 85, n. (1) (a);n. (2) (a), (c). Parker v. Donaldson, 6 W. & S. 132 228, n. (20) (c) ; n. (21) (h). Parks v. Watts, 112 Pa. 4 182, n. (4) (a), (h). Parrish v. Felts, 215 Pa. 654 228, n. (24) (z3). Parrish's Ap., 42 L. I. 80 168, n. (1) (a). Passenger Ins. Co. v. Birnbaum, 116 Pa. 565 228, n. (13) (f). Passenger Ins. Co. v. Birnbaum, 19 W. N. C. 277; 228, n. (11) (a). Patterson's Ap., 104 Pa. 369 45, n. (2) (k). Patterson's Ap., Supreme Court, April 4, 1853 49, n. (2) (c). Patterson v. Bank, 130 Pa. 419 228, n. (24) (j2). Patterson v. Dushane, 115 Pa. 334 228, n. (23) (h). Patterson v. Gas Co., 37 W. N. C. 422 228, n. (25) (m). Patterson v. Gas Co., 172 Pa. 554 228, n. (25) (a). Patterson v. Gallitzin Asso., 23 Pa. Super. 54 228, n. (24) (e) Patterson Hardware Co. v. Blaisdell, 169 Pa. 636 228, n. (19) (a). Patterson v. Kountz, 63 Pa. 246 228, n. (20) (e2) ; n. (22) (a). Patterson v. Patterson, 27 Pa. 40 43, n. (2) (a2) ; 182, n. (2) (J2). Patterson v. Roberts, 109 Pa. 42 228, n. (24) (g2). Patterson v. Roberts, 15 W. N. C. 547 50, n. (2) (b). Patton v. Allegheny L. & T. Co., 36 Pa. Super. 296 186, n. (1) (a) ; 190, n. (8). Patton v. Ry, 96 Pa. 169 228, n. (8) (j). Paul v. Kunz, 195 Pa. 207 228, n. (20) (d). Paxson's Ap., 106 Pa. 429 228, n. (2) (d). Payne's Est., 204 Pa. 535 228, n. (15) (a), (g). Payne v. Noon, 5 Sad. 274 228, n. (19) (a). Payne v. Reese, 100 Pa. 301 228, n. (22) (n), (d2) ; n. (23) (g). Pearce v. Langfit, 101 Pa. 507 228, n. (20) (j), (k). Pearsoll v. Chapin, 44 Pa. 9 228, n. (20) (h). Peck's Ap., 11 W. N. C. 31 228, n. (24) (b). Pedan v. Hopkins, 13 S. & R. 45 228, n. (22) (h). Peddle v. Hollingshead, 9 S. & R. 277 228, n. (28) (d) ; 232, n. (1) (i). Peet v. Pittsburg, 96 Pa. 218 182, n. (3) (d). Pierson v. Duncan, 162 Pa. 187 228, n. (21) (h). 660 TABLE OF CASES. Pen-Pet Penn Gaskel's Est., 208 Pa. 346 190, n. (12) (k). Perm Township, 8 Pa. 23 228, n. (12) (f). Penn Mutual Ins. Co. v. Snyder, 3 W. N. C. 269 228, n. (19) (a) ; n. (20) (a). Pennsylvania Hall, 5 Pa. 204 228, n. (13) (f). Penna. Steel Co.'s Ap., 161 Pa. 571 43, n. (3) (d2) ; 44, n. (6) (v). Penna. Bank v. Haldeman, 1 P. & W. 161 228, n. (25) (v). Penna. Canal v. Harris, 101 Pa. 80 228, n. (20), (b) ; n. (21) (h). Penna. Co. v. Toomey, 91 Pa. 256 228, n. (22) (e), (h). Penna. Central Ins. Co. v. Gaus, 91 Pa. 103 126, n. (1) (a). Penna. In. A. Soc. v. Corley, 2 Penny. 139 187, n. (4) (c). Penna. Ins. Co. v. Ins. Co., 71 Pa. 31 88, n. (1) (a) Penna. Ins. Co. v. Passmore, 4 S. & R. 507 7, n. (2). Penna. Co. v. R. R., 204 Pa. 356 228, n. (18) (m). Penna. Co. v. Wallace, 36 Pa. C. C. 602 239, n. (2) (w). Penna. Co. v. Wallace, 44 Pa. Super. 64 239, n. (2) (v) ; 240, n. (1) (e). Penna. R. R. v. Beale, 73 Pa. 504 228, n. (23) (e). Penna. R. R. v. Berry, 68 Pa. 272 228, n. (20) (h) ; n. (21) (h). Penna. R. R. v. Bock, 93 Pa. 427 228, n. (20) (h) ; n. (22) (n). Penna. R. R. v. Boro., 207 Pa. 180 228, n. (6) (r). Penna. R. R. v. Canal Comrs., 21 Pa. 9 34 Penna. R. R. v. Coal Co., 42 Pa. Super. 187 190, n. (13) (u). Penna, R. R. v. Com., 39 Pa. 403 244, n. (1) (c). Penna. R. R. v. Congregation, 53 Pa. 445 48, n. (2) (a). Penna, R. R. v. Fries, 7 W. N. C. 433 228, n. (8) (a), (e). Penna. R. R. v. Butler, 57 Pa. 335 228, n. (25) (j). Penna. R. R. v. Goodman, 62 Pa. 329 228, n. (21) (c). Penna. R. R. v. McTighe, 46 Pa. 316 228, n. (22) (1). Penna. R. R. v. R. R., 219 Pa. 361 228, n. (20) (r), (x). Penna. R. R. v. Werner, 89 Pa. 59 228, n. (22) (k). Penna. R. R. v. Zebe, 33 Pa. 318 228, n. (22) (e), (h). Penna. Pulp Co. v. Stoughton, 106 Pa. 458 48, n. (2) (c). Pennock v. Kennedy, 153 Pa. 579 74, n. (1) (a). Penny v. Penny, 34 Pa. Super. 88 228, n. (18) (b2). Pennypacker v. Dear, 166 Pa. 284 242, n. (1) (g). People's Bank v. Denig, 131 Pa. 241 228, n. (22) (b). People's Bank v. Stroud, 223 Pa. 33 228, n. (18) (g). People's Ins. Co. v. Hartshorne, 84 Pa. 453 228, n. (24) (z3). Pereyra's Ap., 126 Pa. 220 43, n. (6) (h). Perry County Poor Directors v. Overseers, 110 Pa. 153 85, n. (1) (b). Perry Twp. Overseers v. Overseers, 8 Pa. Super. 640 85, n. (2) (f) j 228, n. (18) (p). Perry Twp. Road, 36 Pa. Super. 131 43, n. (3) (b2) ; 182, n. (4) (d). Pessano v. Eyre, 13 Pa. Super. 157 228, n. (23) (1). Peters v. Garner, 183 Pa. 65 117, n. (3) (a). Peters v. Horbach, 4 Pa. 134 187, n. (4) (b), (c) ; 228, n. (11) (h). Peterson v. R, R., 177 Pa. 335 11, n. (4) (a) ; 220, n. (2). Peterson Co. v. Blaisdell, 169 Pa. 636 228, n. (20) (z). 661 Pet-Pie TABLE OF CASES. Peterson v. Speer, 29 Pa. 478 228, n. (25) (m). Petri v. Carracciolo, 33 Pa. Super. 312 147, n. (4) (c), (d), (e). Pettit v. Clever, 219 Pa. 428 43, n. (1) (d). Pfaff v. Thomas, 3 Pa. Super. 419 74, n. (1) (s). Pfeifer v. Rahiser, 2 Pa. Super. 355 150, n. (1) (c). Pfoutz's Case, 40 Pa, Super. 130 183, n. (6) (d). Phelin v. Kenderdine, 20 Pa. 354 161, n. (5) (g) ; 228, n. (25) (v). Phila. v. Bilyeu, 36 Pa. Super. 562 88, n. (1) (a), (b) ; 183, n. (4) (a). Phila. v. Cemetery Co., 147 Pa. 170 228, n. (21) (a). Phila. v. Christman, 6 Pa. Super. 29 43, n. (3) (r) ; 78, n. (1) (a). Phila. v. Dungan, 124 Pa. 52 182, n. (2) (o). Phila. v. Institute, 177 Pa. 37 147, n. (4) (d) ; 166, n. (1) (i). Phila. v. Kates, 150 Pa. 30 74, n. (1) (r), (s). Phila. v. Merklee, 159 Pa. 515 190, n. (1) (b) ; 205, n. (2). Phila. v. Miller, 27 Pa. Super. 11 43, n, (1) (h) ; 126 n. (5) (a). Phila. v. Pemberton, 206 Pa. 73 43, n. (3) (v2) ; 78, n. (1) (b). Phila. v. Penna. Co., 214 Pa. 138 121, n. (2) (f) ; 188, n. (1). Phila. v. Reading R. R., 3 W. N. C. 492 50, n. (5) (a). Phila. v. Riddle, 25 Pa. 259 190, n. (11) ; n. (12) (a) ; n. (13) (b). Phila. v. Weaver, 155 Pa. 74 74, n. (1) (s). Phila. v. Wellens, 19 Pa. Super. 379 228, n. (1) (h). Phila. Co. v. Hogan, 47 Pa. 244 228, n. (23) (h). Phila. Co. v. United Gas Imp. Co., 180 Pa. 235 228, n. (18) (p2). Phila. M. & S. Rwy. Co.'s Petition, 203 Pa. 354 43, n. (2) (r). Phila. Library Co. Ingham, 1 Whar. 72 48, n. (1) (t2). Phila. Library v. Ingham, 1 Whar. 72 228, n. (24) (k). Phila Library Co. v. Ingham, 1 Whar. 72 228, n. (24) (w3). Phila. Lying-in Charity v. Hospital, 29 Pa. Super. 420 182, n. (4) (s2). Phila., etc. R. R. v. Adams, 89 Pa. 31 228, n. (20) (g). Phila,, etc. Ry. v. Ry., 206 Pa. 343 150, n. (2) (a). Phila. & Read. R. R, Co v. Getz, 113 Pa. 214 228, n. (19) (a). Phila. & Read. R. R. v. Snowden, 161 Pa. 201 43, n. (3) (b), (p) ; 228, n. (24) (w). Phila. & Read. R. R. v. Spearen, 47 Pa. 300 228, n. (20) (b), (h). Philadelphia & Trenton R, R. v. Ry., 206 Pa. 343 183, n. (4) (b). Phila. Trust Co. v. Railroad Co., 177 Pa. 205 228, n. (21) (h). Phila. T. & S. Co. v. Smith Co., 37 Pa. Super. 149 50, n. (4) (a). Phila., W. & Bait. R. R. v. Alvord, 128 Pa. 42 228, n. (20) (d) ; n. (23) (e). Phila., Wash. & Bait. R. R. v. Conway, 112 Pa. 511 228, n. (13) (h) ; n. (30) (c). Phoenix Ins. Co. v. Pratt, 2 Bin. 308 228, n. (20) (h). Phoenix Iron Works v. Mullen, 25 Pa. Super. 547 110, n. (2) (a). Phoenix Press v. MacKenzie, 32 Pa. Super. 183 182, n. (4) (i) ; 228, n. (18) (g). Pierce v. Cloud, 42 Pa. 102 228, n. (22) (a). 662 TABLE OF CASES. Pie-Pon Pierce v. Barney, 209 Pa, 132 228, n. (24) (p2). Pierson v. Duncan, 162 Pa. 187 228, n. (20) (b). Piper's Ap., 20 Pa. 67 182, n. (3) (b) ; 228, n. (2) (h) ; n. (25) (a). Pipher v. Lodge, 16 S. & R. 214 228, n. (24) (f2). Pister v. Asso., 3 Pa. Super. 50 228, n. (20) (g). Pittengen v. Kennedy, 148 Pa. 198 187, n. (1) (b) ; n. (2) (g) ; 190, n. (12) (a). Pittsburgh Petition, 138 Pa. 401 80, n. (4). Pittsburg, etc. R. R. v. Caldwell, 74 Pa. 421 228, n. (25) (a). Pittsburg v. Maxwell, 179 Pa. 553 146, n. (2) (g) ; 228, n. (1) (b) ; n. (17) (a). Pittsburg Bank v. Whitehead, 10 Watts 397 228, n. (23) (g). Pittsburg Eng. Co. v. Mfg. Co., 43 Pa. Super. 485 228, n. (29) (e) ; Id, n. (24) (J2). Pitts, etc. Ry. v. Evans, 53 Pa. 250 228, n. (22) (e). Pittsburg, etc. R. R. v. Com, 66 Pa. 731 228, n. (19) (a). Pitts, etc. R. R. v. Gamble, 204 Pa. 198 228, n. (24) (g3) Pittsburg R. R. v. Jones, 59 Pa. 433 228, n. (1) (i). Pittsburg Railway Co. v. Stokes, 4 W. N. C. 550 228, n. (23) (g). Pittsburg Safe Dep. Co. v. Motheral, 8 Pa. Super. 433 228, n. (20) (j); n. (25) (b). Pittsburg Stove Co. v. Penna. Co, 208 Pa. 37 150, n. (1) (a) ; 228, n. (18) (f2), (g2). Pittsburgh Supply Co.'s Tax, 38 Pa. Super. 121 48, n. (1) (J2) ; 182, n. (4) (p) (w2). . Pittsburg Wagon Works' Est, 198 Pa. 250 190, n. (12) (k). Pittsburg Wagon Works' Est, 204 Pa. 435 126, n. (3) (g) ; n. (4) (k). Pizzi v. Nardello, 23 Pa. Super. 535 187, n. (1) (b), (f), (k) ; n. (4) (a). Plains Twp. Case, 206 Pa. 556 182, n. (4) (d). Plains Twp. Ap, 216 Pa. 556 182, a. (4) (d2). Plank-Road Co. v. Rinemann, 20 Pa, 99 183, n. (2) (c) ; 190, n. (12) (a);228,n. (17) (d). Plank-Road Co. v. Ramage, 20 Pa. 95 187, n. (4) (b). Platt v. Coal Mining Co, 191 Pa. 215 43, n. (3) (b). Platt v. Coal Mining Co, 191 Pa. 210 44, n. (6) (b). Platt Barber Co. v. Groves, 193 Pa. 475 121, n. (2) (b) ; 128, n. (1); 131, n. (1) (a); 136, n. (1); 138, u. (1) (a); 140, n. (1) (a);n. (3) (b) ; 228, n. (18) (q). Platz v. Township, 178 Pa. 601 228, n. (20) (b2) ; n. (23) (k). Plucker v. Miller, 26 Pa. Super. 495 228, n (21) (h). Plunketts' Creek Twp. v. Fairfield Twp, 58 Pa. 209 146, n. (2) (a); 161, n. (4) (i). Plymouth Co. v. Wood Co., 203 Pa. 206 228, n. (18) (s). Pocono Pines Assembly v. County, 29 Pa. Super. 36 228, n. (18) (r2). Pontius v. Nesbit, 40 Pa. 309 43, n. (2) (a2) ; 182, n. (2) (k2). 663 Poo-Pul TABLE OF CASES. Pool v. White, 171 Pa. 500 147, n. (4) (d), (k) ; 148, n. (1) (a); 155, n. (1) (a). Pool v. White, 175 Pa. 459 161, n. (6) (d) ; 228, n. (21) (a). Poorman v. Smith, 2 S. & E. 464 228, n. (19) (a). Porter v. Seiler, 23 Pa. 424 228, n. (21) (a), (u). Porter v. Lee, 16 Pa. 412 228, n. (24) (m). Portland v. Lewis, 2 S. & R. 197 182, n. (2) (y). Post v. Wallace, 110 Pa. 121 182, n. (2) (d2) ; 228, n. (30) (k). Postens v. Postens, 3 W. & S. 127 228, n. (25) (a). Pote's Ap., 106 Pa. 574 45, n. (2) (c) ; 228, n. (24) (h3). Potteiger v. Potteiger, 5 Sad. 398 228, n. (21) (a). Potter v. Graham, 8 Pa. Super. 199 161, n. (3) (m). Pottstown Boro., 117 Pa. 538 183, n. (2) (c). Pottsville v. By., 148 Pa. 175 185, n. (1) (h). Pottsville Bank v. Cake, 12 Pa. Super. 61 43, n. (7) (q) ; 126, n. (3) (a);n. (4) (c). Pottsville Boro. v. Gas Co., 39 Pa. Super. 1 187, n. (1) (b) ; n. (2) (a); 190, n. (13) (a). Powell v. Gayley, 9 Pa. Super. 405 43, n. (3) (1). Powel's Est., 209 Pa. 76 38, n. (1) (f), (g). Powell's Est., 138 Pa. 322 183, n. (3) (f) ; 228, n. (2) (h). Powel's Est., 208 Pa. 505 228, n. (18) (q). Powell v. Derickson, 178 Pa, 612 228, n. (23) (g) ; n. (25) (e) ; n. (26) (a), (b). Powell v. Ins. Co., 2 Pa. Super. 151 228, n. (26) (b). Powell v. Sedgwick, 5 Whar. 336 228, n. (11) (a). Power v. Frick, 2 Gr. 306 43, n. (8) (a). Powers v. McErran, 2 S. & E, 44 228, n. (22) (h). Powers v. Rich, 184 Pa. 325 228, n. (21) (a) ; n. (25) (a). Pownall v. Steele, 52 Pa. 446 82, n. (1) (a) ; 228, n. (24) (12). Pratt 's Est., 35 Pa. Super. 110 228, n. (18) (h), (1). Prentice v. Hancock, 204 Pa. 128 117, n. (2) (a). Prescott v. Ins. Co., 1 Whar. 399 228, n. (23) (e). Prevost v. Nicholls, 4 Yeates, 479 228, n. (28) (d) ; n. (30) (1) ; 232, n. (1) (b). Price's Est., 45 Pa. Super. 449 192, (n3). Price v. Coal & Coke Co., 208 Pa. 395 43. n. (3) (u), (g2). Price v. Hamscher, 174 Pa. 73 228, n. (21) (a). Price v. Lancaster Co., 189 Pa. 95 123, n. (1). Prindle v. Kountz, 15 Pa. Super. 258 228, n. (19 (a); n. (23) (h). Pringle v. Pringle, 59 Pa. 281 228, n. (24) (k). Pritchett v. Cook, G2 Pa. 193 228, n. (31) (d). Proper v. Luce. 3 P. & W. 65 228, n. (24) (g). Proper v. Campbell, 12 Dist. 203 239, n. (2) (f). Providence Pipe Co. v. Chase, 108 Pa. 319 66, n. (2) (a), (d) ; 182, n. (3) (a). Provident Trust Co. v. Phila., 202 Pa. 78 228, n. (15) (a), (b) : n. (20) (j), (rj. Prudential Tr. Co. v. Hildebrand, 34 Pa, Super. 249 186, n. (2). Pulaski Ave. Case, 220 Pa. 276126, n. (1) (d). 664 TABLE OF CASES. Pur-Rea Pure Oil Co. v. Terry, 16 Pa. Super. 337 242, n. (2) (e). Puterbaugh's Est., 44 Pa. Super. 102 228, n. (18) (k). Quaker City Bank v. Hepworth, 21 Pa. Super. 566 187, n. (1) (i) ; n. (4) (f). Quakertown Boro., 3 Gr. 203 161, n. (4) (q) ; 288, n. (24) (n3). Quay's Case, 189 Pa. 517 35, n. (1) (b) ; 37, n. (2) (c) ; 46, n. (1) ; n. (5) (a), (b);108,n. (2) (c). Quick v. Miller, 103 Pa. 67 228, n. (27) (j). Quingley v. Ins. Co., 35 Pa. Super. 51 190, n. (14) (b) Quigley v E. R., 210 Pa. 162 228, n. (9) (b). Quinn 's License, 11 Pa. Super. 554 183, n. (4) (a); 228, n. (17) (a). Quinn v. Crowell, 4 Whar. 334 161, n. (4) (n). Quinn v. Transit Co., 224 Pa. 162 228, n. (29) (k). Quinn v. Woodhouse, 26 Pa. 333 228, n. (15) (a). Rabinowitz v. Kenah, 31 Pa. Super. 334 196, n. (1) (a). Raby v. Cell, 85 Pa. 80 228, n. (23) (f). Radcliffe v. Herbst, 135 Pa, 568 50, n. (4) (a). Radigan's Est., 13 Pa. Super. 131 242, n. (1) (p). Raeder v. Monks, 228 Pa. 269 74, n. (1) (s). Rafferty v. Donnelly, 197 Pa. 423 197, n. (1) (b). Rahn Twp. Dist. v. Coal Co., 221 Pa, 141 228, n. (18) (g). Rahn v. McElrath, 6 Watts, 151 228, n. (19) (a). Ralston v. Groff, 55 Pa. 276 228, n. (21) (a). Ramschasel's Est., 21 Pa. Super. 497 183, n. (2) (f) ; 185, n. (1) (k); 186, n. (1) (b) ; 187, n. (1) (b). Ramsey v. Ramsey, 15 Pa. Super. 214 228, n. (24) (k4). Ranck v. Becker, 12 S. & R. 412 43, n. (9) (o). Ranck v. Becker, 13 S. & R. 41 243, n. (1) (a), (b) ; n. (2) (e) ; n. (4) (c). Ranck v. Witaker, 4 W. N. C. 69 43, n. (3) (e2). Rand v. King, 134 Pa. 641 42, n. (3) ; 48, n. (3) ; n. (4) ; 182, n. (1) (a), (b);n. (2) (b) ; n. (4) (e). Rarick v. McManomon, 17 Pa. Super. 154 228, n. (24 (m). Rauch v. Scholl, 68 Pa. 234 228, n. (25) (a). Rauschmeyer v. Bank, 1 C. P. Rep. 17 11, n. (4) (b). Raush v. Miller, 24 Pa. 277 228, n. (19) (a). Raymond v. Schoonover, 181 Pa. Super. 636 187, n. (1) (b). Rea v. R. R., 229 Pa. 106 228, n. (9) (b). Read v. Husulton, 27 Leg. Int. 198 43, n. (5) (z) ; n. (7) (1). Readdy v. Borough, 137 Pa. 92 186, n. (1) (a) ; 228, n. (22) (a) ; n. (23) (h). Readdy v. Boro., 137 Pa. 98 183, n. (2) (s) ; 185, n. (1) (f ) ; 187, n. (1) (b);n. (4) (a); 228, n. (19) (a). Reading R. R. v. Johnson, 7 W. & S. 317 228, n. (25) (a). Reading v. Bentley, 2 Mona. 721 43, n. (3) (f). Reading Co. v. Seip, 30 Pa. Super. 330 185, n. (3) (a) ; 186, n. (1) (a). 665 Rea-Rho TABLE OF CASES. Ready's Ap., 99 Pa. 9 228, n. (18) (q). Reamer's Ap., 18 Pa. 510 43, n. (6) (k). Rearick v. Swinehart, 11 Pa. 233 161, n. (5) (b), (w) ; 228, n. (11) (a). Reber v. Schitler, 141 Pa. 640 228, n. (20) (c). Reber v. Herring, 115 Pa. 599 228, n. (21) (h). Reeee v. Rodgers, 40 Pa. Super. 171 228, n. (24) (12). Reed's Ap., 71 Pa. 378 43, n. (1) (b) ; n. (2) (p) ; 66, n. (2) (d); 67 n. (1) (e) ; 182, n. (2) (u). Reed v. Collins, 5 S. & R. 351 228, n. (8) (a), (q) ; n. (12) (a) ; n. (13) (r);232, n. (1) (h). Reed v. Fidelity Co., 189 Pa. 596 82, n. (1) (b) ; 228, n. (24) (12). Reed v. R. R., 210 Pa. 211 228, n. (4) (e) ; n. (9) (a), (b). Reed v. Reed, 30 Pa. Super. 229 61, n. (2) (a). Reel v. Elder, 62 Pa. 308 228, n. (23) (h). Reel v. Martin, 12 Pa. Super. 340 228, n. (20) (b), (d), (f), (g2). Reep v. Wagner, 21 Pa. Super. 268 228, n. (20) (a). Rees v. Berryhill, 1 Watts 263 48, n. (1) (s2). Rees & Sons Co. v. Society, 44 Pa. Super. 381 228, n. (13) (t). Reese v. Hershey, 163 Pa. 253 228, n. (20) (f2) ; n. (29) (k). Reese v. Reese, 90 Pa. 89 228, n. (20) (a). Reeves v. R. R., 30 Pa. 454 228, n. (19) (a) ; n. (20) (a), (h). Reger v. Brass Co., 6 Pa. Super. 375 228, n. (4) (i). Rehm v. Frank, 16 Pa. Super. 175 74, n. (1) (s). Reichard's License, 45 Pa. Super. 606 228, n. (1) (k). Reichenback v. Ruddach, 121 Pa. 18 161, n. (8) (a), (e). Reichenbach v. Rudach, 127 Pa. 564 228, n. (21) (h). Reigart v. Ellmaker, 14 S. & R. 121; 147, n. (2) (a). Reigel's Ap., 1 Walk. 72 239, n. (1) (g) ; n. (4) (a). Reimer v. Stuber, 20 Pa. 458 185, n. (2) (a); n. (3) (a); n. (4) (a); n. (5) (a). Reiseek v. Lanahan, 10 Pa. Super. 281 43, n. (3) (m). Reist v. Heilbrenner, 11 S. & R. 131 23, n. (1) (b). Renn v. Tallman, 25 Pa. Super. 503 228, n. (20) (b), (c) ; n. (21) (h). Renninger v. Thompson, 6 S. & R. 1 228, n. (24) (j4). Reno v. Shallenberger, 8 Pa. Super. 436 228, n. (4) (a) ; n. (9) (c) ; n. (24) (p2). Renovo Overseers v. Overseers, 78 Pa. 301 85, n. (1) (e). Renwick v. Richardson, 5 Pa. Super. 202 74, n. (1) (s) ; 228, n. (24) (z3). Repsher v. Watson, 17 Pa. 365 228, n. (21) (a) ; n. (23) (i). RevelPs Est., 12 Dist. 138 45, n. (3) (n). Revell's Est., 28 C. C. 225 168, n. (2) (a). Reynolds v. Lumber Co., 175 Pa. 437 43 n. (7) (d) ; 117, n. (4) (a). Reynolds v. Cridge, 131 Pa. 189 187, n. (2) (a). Rheem v. Allison, 2 S. & R. 113 43, n. (9) (h). Rhines v. Baird, 41 Pa. 256 187, n. (4) (b). Rhoad's Ap., 39 Pa. 186 45, n. (2) (f ) ; 49, n. (2) (c). 666 TABLE OF CASES. Ric-Rob Rice v. Bank, 22 Pa. 118 187, n. (1) (b). Rice v. Burns, 9 Pa. Super. 58 187, n. (4) (f). Rice v. Com., 100 Pa. 28 228, n. (20) (h) ; n. (23) (h) ; n. (25) (u). Rice v. Olin, 79 Pa. 391 228, n. (22) (a), (c) ; n. (23) (h). Rich v. Black, 181 Pa. 290 43, n. (8) (b), (c). Richard's Case, 6 S. & R. 462 45, n. (2) (f). Richards v. Gas Co., 130 Pa. 37 228, n. (4) (f ) ; n. (20) (h). Richards v. Willard, 176 Pa. 181 228, n. (19) (i). Richardson v. Gosser, 26 Pa. 335 190, n. (14) (b). Richardson v. Cassilly, 5 Watts 449 239, n. (2) (e). Richardson v. Richardson, 193 Pa. 279 44, n. (6) (h) ; 242, n. (1) (n). Richardson v. Stewart, 4 Bin. 198 161, n. (5) (1). Rider v. Maul, 70 Pa. 15 228, n. (22) (k). Rider-Ericsson Engine Co. v. Fredericks, 25 Pa. Super. 72 228, n. (20) (a);n. (23) (h). Ridge Ave. Ry. v. Phila., 181 Pa. 592 228, n. (18) (s). Ridgely v. Spenser, 2 Bin. 70 228, n. (20) (12). Ridgway's Account, 206 Pa. 587 228, n. (18) (m). Ridgway v. Grain Co., 228 Pa. 641 50, n. (4) (d). Ridgeway v. Longaker, 18 Pa. 215 228, n. (22) (a). Riegel v. Wilson, 60 Pa. 388 228, n. (22) (1) ; n. (23) (e). Riesmeyer v. O'Day, 45 Pa. Super. 67 183, n. (2) (f). Rigby's Est., 18 Pa. Super. 5 228, n. (18) (q). Righter v. Rittenhouse, 3 Rawle 273 228, n. (18) (g). Rinely v. Ry. 228 Pa. 9 126, n. (3) (a). Ringwalt v. Brindle, 59 Pa. 51 228, n. (24) (z3). Riott v. Blackstone, 10 Pa. Super. 591 43, n. (2) (c). Ripka v. Ins. Co., 36 Pa. Super. 517 141, n. (1) (1) ; 155, n. (1) (d) ; 163, n. (4) (d) ; 185, n. (3) (a) ; 187, n. (1) (h) ; 196, n. (3) (b). Risheberger v. Wilson, 25 C. C. 465 1, n. (3). Rishel v. Rishel, 24 Pa. Super. 303 228, n. (18) (b2), (e2). Ritchie v. Hastings, 2 Yeates 433 228, n. (11) (e) ; n. (13) (o). Riverton Ferry Co. v. Bridge Co., 1 Pa. Super, 587 228, n. (18) (z). Roaring Brook Twp. Road, 140 Pa, 632 126, n. (1) (a). Robb's Nomination, 188 Pa. 212 48, n. (1) (v). Robb's Ap., 1 Penny. 436 228, n. (1) (b) ; n. (17) (a). Robbarts v. Robbarts, 9 S. & R. 191 48, n. (1) (o) ; 182, n. (3) (d). Robbins v. Farwell, 193 Pa. 37 228, n. (25) (e). Roberts's Ap., 92 Pa. 407 43, n. (7) (c) ; n. (8) (d), (f). .Roberts's Est., 163 Pa. 408 228, n. (6) (o). Roberts v. Austin, 5 Whar. 313 228, n. (24) (q). Roberts Machine Co. v. Kelly, 28 Pa. Super. 540 228, n. (24) (z3). Robertson v. Reed, 47 Pa. 115 228, n. (13) (a). Robeson v. Gibbons, 2 Rawle 45 228, n. (22) (h). Robeson v. Pels, 202 Pa, 399 228, n. (4) (e) ; n. (9) (a) ; n. (18) (b). Robeson v. Whitesides, 16 S. & R. 320 228, n. (24) (J2). 667 Rob-Ros TABLE OF CASES. Robinson's Ap., 1 W. N. C. 239 44, n. (6) (q). Robinson's Ap., 36 Pa. 811 66, n. (3) (c). Robinson's Ap., 11 Pa. 412 228, n. (24) (k4). Robinson's Ap., 62 Pa. 213 229, n. (2) (f). Robinson v. Buck, 71 Pa. 386 228, n. (4) (r) ; n. (11) (h). Robinson v. Hodgson, 4 Leg. Gaz. 339 228, n. (15) (f). Robinson v. Glancy, 69 Pa. 89 45, n. (3) (d). Robinson v. Narber, 65 Pa. 85 146, n. (2) (h) ; 161, n. (4) (k) ; 228, n. (18) (g). Robinson v. Snyder, 25 Pa. 203 161, n. (6) (a) ; 228, n. (11) (a) ; n. (24) (h2). Robison v. Trench, 22 W. N. C. 143 228, n. (24) (v). Rockwell v. Eldred Boro., 7 Pa. Super. 95 82, n. (1) (a) ; 228, n. (24) (12). Roddy's Ap., 99 Pa. 9 228, n. (24) (12). Rodger's Petition, 194 Pa. 161 29, n. (3). Rodgers v. Black, 15 Pa. Super. 498 228, n. (4) (m) ; 239, n. (2) (r). Rodgers v. Boro., 2 Pa. C. C. 523 48 (A) ; 56, n. (3) (a). Rodovinsky v. Knitting Co., 5 Pa. Super. 636 183, n. (2) (a), (r) ; n. (5) (e), (g) ; 185, n. (1) (b) ; n. (2) (a) ; 187, n. (4) (f). Roebling's Sons Co. v. Constr. Co., 231 Pa. 261 228, n. (24) (n) ; Id., n. (15) (g). Roesler v. Phelps, 42 L. I. 457 228, n. (1) (c). Roger's Est., 154 Pa. 217 239, n. (1) (e) ; n. (2 (i). Rogers v. Davidson, 142 Pa. 436 228, n. (20) (a)- Rogers v. Kichline, 36 Pa. 293 228, n. (26) (b). Rogers v. Ratcliffe, 23 Pa. 184 146, n. (2) (h) ; 161, n. (4) (m). Rogers v. Playford, 12 Pa. 181 43, n. (9) (h) ; 51, n. (2) (a) ; n. (4) (a); 228, n. (18) (o2). Rogers v. Whiteley, 38 Pa. 137 183, n. (4) (a) ; 228, n. (1) (b) ; n. (17) (a). Rohrer's Ap., 62 Pa. 498 43, n. (5) (b). Roland v. Eckman, 12 Pa. Super. 75 228, n. (24) (d2) ; n. (25) (f). Roller v. Meredith, 4 Pa. Super. 461 183, n. (5) (a). Rondinella v. Ins. Co., 24 Pa. Super. 293 228, n. (20) (g), (h) ; n. (21) (a), (h);n. (22) (s2) ; n. (23) (h). Roop v. Roop, 35 Pa. 59 228, n. (13) (b). Root v. Com., 98 Pa. 170 228, n. (22) (t2). Rorabaugh's Est., 229 Pa. 377 228, n. (18) (k). Rosenagle v. Palmer, 186 Pa. 32 228, n. (18) (b). Rosenberry's Ap., 31 L. I. 101 228, n. (1) (b) ; n. (17) (a). Rosenberry v. Rosenberry, 180 Pa. 221 61, n. (2) (a) ; 113, n. (1) (a). Rosenthal v. Ehrlicher, 154 Pa. 396 147, n. (4) (c), (d) ; 148, n. (1) (a) ; n. (2) (a) ; 155, n. (1) (m) ; 161, n. (1) (d) ; n. (5) (b) ; 187, n. (1 (b) ; n. (4) (a) ; 228, n. (11) (a). Ross Twp. Road, 5 Pa. Super. 85 183, n. (4) (a), (b) ; 288, n. (1). (a); n. (11) (a); n. (15) (a); n. (17) (a); n. (24) (e3). Ross Water Co. v. Water Co., 228 Pa. 235 71, n. (1) (g). 668 TABLE OF CASES. Ros-San Rossbach v. Beebe, 205 Pa. 652 228, n. (18) (q), (s). Rostraver Twp. Road, 21 Pa. Super. 195 182, n. (4) (k) ; 231, n. (1) (a). Roth v. Roth, 15 Pa. Super. 192 228, n. (21) (h). Rothacker v. Phila., 42 Pa. Super. 408 88, n. (1) (a). Rothschild's Sons Co. v. McLaughlin, 12 Pa. Super. 612 155, n. (1) (i). Rothschilds v. McLaughlin, 6 Pa. Super. 347 228, n. (19) (e) ; n. (23) (h). Rotograph Co. v. Cressman, 41 Pa. Super. 14 228, n. (15) (a). Roud v. Griffith, 11 S. & R. 130 228, n. (13) (r). Rounds v. Stevenson, 1 W. N. C. 429 191, n. (1) (c). Rouseville Boro., 12 Pa. Super. 126 48, n. (1) (f ) ; 56, n. (4) (b) ; 182, n. (4) (w). Roush's Est., 23 Pa. Super. 652 196, n. (1) (a). Rouvert v. Patton, 12 S. & R. 253 228, n. (20) (m2). Rovno v. Lorentz, 32 Pa, Super. 162 43, n. (9) (b). Royer v. Tate, 1 P. & W. 227 43, n. (1) (a) ; 44, n. (5) (a) ; n. (6) (). Royse v. May, 93 Pa. 454 187, n. (1) (b). Ruch v. Morris, 28 Pa. 245 228, n. (15) (a). Rudy v. My ton, 19 Pa. Super. 319 71, n. (1) (f). Rudy's Ap., 94 Pa. 338 43, n. (6) (q). Ruddy v. Repp, 19 Pa. Super. 437 185, n. (3) (a) ; n. (5) (a). Ruffner v. Hooks, 171 Pa. 531 110, n. (4). Ruffner v. Wolfe, 14 Pa. Super. 513 228, n. (23) (e). Ruhlman v. Com., 5 Bin. 24 182, n. (4) (a). Rundell v. Kalbfus, 125 Pa. 123 190, n. (4) (a). Rupp v. Orr, 31 Pa. 517 228, n. (2) (h) ; n. (20) (u) ; n. (29) (f). Rush v. Cavenaugh, 2 Pa. 187 228, n. (24) (h). Russel v. Gray, 6 S. & R. 208 243, n. (1) (b) ; n. (4) (a). Russell v. Ry., 17 Pa. Super. 195 186, n. (1) (c). Russel v. Reed, 27 Pa. 166 66, n. (3) (c). Sager v. Patterson, 15 Pa. Super. 147 228, n. (18) (b). Sailor Planing Mill v. Moyer, 35 Pa. Super 503 43, n. (2) (m) ; n. (3) (r), (s). Sailer v. Reamer, 20 Pa. Super. 597 186, n. (1) (a); 189, n. (1) (b);190, n. (14) (a) ; 196, n. (1) (a). Saint v. Cornwall, 207 Pa. 270 236, n. (2). Salem Twp. Road, 103 Pa. 251 43, n. (1) (e) ; 126, n. (4) (o). Sample v. Robb, 16 Pa. 305 228, n. (19) (g) ; n. (20) (a). Sampson v. Com., 5 W. & S. 385 46, n. (7) (a). Sampson v. Sampson, 4 S. & R. 329 228, n. (2) (i). Samson's Est., 22 Pa. Super 93 43, n. (7) (d)j 111, n. (1) (a); 117, n. (4) (b). Samuel v. McKnight, 9 Pa. Super. 352 228, n. (21) (a), (h), (m). Samuel v. Sota, 224 Pa. 432 117, n. (3) (f). Sanders v. Wagonseller, 19 Pa. 248 185, n. (2) (a). Sands v. Rolshouse, 3 Pa. 456 228, n. (18) ( O 2). 669 San-Sch TABLE OF CASES. Sanker v. R. R., 205 Pa. 609 190, n. (15) (a). Sargeant v. Clark, 108 Pa. 588 43, n. (9) (h) ; 51, n. (2) (a). Sartwell v. Wilcox, 20 Pa. 117 228, n. (23) (e). Saucon Twp Supervisors v. Brodhead, 5 Sad. 587 43, n. (3) (12) ; 126, n. (4) (o). Sauer v. Mollinger, 138 Pa. 338 186, n. (2). Sauerman v. Weckerly, 17 S. & R. 116 228, n. (13) (b). Saul v. Scranton, 9 Dist. 156 9, n. (7). Savage v. Enerman, 70 Pa. 315 228, n. (3) (a) ; n. (6) (a). Savelle v. Melley, 27 Pa. Super. 69 228, n. (23) (1). Savings Bank v. Hosier, 199 Pa. 375 66, n. (2) (a). Sawtelle's Ap., 84 Pa. 306 228, n. (18) (f). Saxton's Est., 195 Pa. 459 189, n. (1) (b) ; 193, n. (1) (a); 198, n. (1) (a). Sayre v. Schroeder, 2 Penny. 79 228, n. (19) (a). Sayres v. Com., 88 Pa. 291 46, n. (9) (b). Scanlon v. Suter, 158 Pa. 275 82, n. (1) (b) ; n. (2) (a) ; 228, n. (24) (12). Schaifer's Est., 155 Pa. 250 45, n. (3) (p) ; 228, n. (24) (f4). Scheaffer v. Lensening, 182 Pa. 634 228, n. (22) (a). Scheetz's Ap., 35 Pa. 88 228, n. (24) (q3). Schellentrager v. O'Donnell, 44 Pa. Super. 431 183, n. (4) (b). Schenkel v. Traction Co., 194 Pa. 182 228, n. (9) (b). Schilling v. Durst, 42 Pa. 126 228, n. (23) (e). Schlecht's Ap., 60 Pa, 172 44, n. (5) (c) ; 71, n. (1) (a), (b). Schmidt v. Baizley, 184 Pa. 527 150, n. (1) (b) ; 228, n. (18) (f2). Schmidt v. McGill, 120 Pa. 405 228, n. (19) (a). Schmidt Brew Co. v. Transit Co., 42 Pa. Super. 168 88, n. (1) (a) ; 155, n. (1) (a). Schmoyer v. Schmoyer, 17 Pa. 520 228, n. (29) (c). Schmuck v. Hartman, 222 Pa. 190 11, n. (3) (a) ; 42, n. (1) (a), (c); 182, n. (3) (c) ; n. (4) (a), (p), (f2). Schnable v. Doughty, 3 Pa. 392 228, n. (24) (a2). Schneider v. Bates, 37 Pa. Super. 432 43, n. (9) (b). Schober v. Mather, 49 Pa. 21 228, n. (30) (f). Shock v. Light Co., 17 Dist. 561 167, n. (1) (c), (e) ; 168, n. (1) (b);174,n. (2) (a). Schreppe v. Com., 65 Pa. 51 151, n. (1) (a). Schofield v. Ferreas, 46 Pa. 438 185, n. (1) (i). Schofield v. Lafferty, 17 Pa. Super. 8 228, n. (30) (b). Scholtz v. Scholtz, 22 Pa. Super. Ill 228, n. (23) (h). Schomaker v. Dean, 201 Pa. 439 74, n. (1) (c). Schondorf v. Griffith, 13 Pa. Super. 580 187, n. (4) (a). Schonhardt v. R. R., 210 Pa. 224 228, n. (25) (b). Schoning v. Yard, 88 Pa. 286 228, n. (22) (a). Schrenkeinsen v. Kishbaugh, 162 Pa. 45 126, n. (4) (p) ; 127, n. (1) (a). Schrimpton v. Bertolet, 155 Pa. 638 228, n. (23) (j) ; n. (24) (c), (o). Schriver v. Eckenrode, 94 Pa. 456 67 n. (1) (c) ; 228, n. (6) (j) ; n. (25) (s). 670 TABLE OF CASES. Sch-Sel Schubkagel v. Dierstein, 131 Pa. 46 82, n. (1) (a) ; 228, n. (24) (12). Schuler v. R. R., 3 Whar. 555 182, n. (4) (m). Schultz v. Bear Creek Co., 174 Pa. 287 43, n. (3) (k). Schultz 's Ap., 6 Sad. 300 190, n. (12) (a). Schulze v. Schulze, 33 Pa. Super. 325 228, n. (18) (b2). Schuylkill, etc. Coal Co. v. French, 81 V 2 Pa. 366 228, n. (20) (a). Schuylkill, etc. Ry. Co. v. Stocker, 128 Pa. 233 228, n. (21) (a). Schuylkill Nav. Co. v. Thoburn, 7 S. & R. 411 182, n. (2) (x). Schwab v. Bickel, 11 Pa. Super. 312 228, n. (18) (t). Schwartz's Ap., 21 W. N. C. 246 66, n. (2) (a); n. (3) (e). Schwartz v. Oil Co., 164 Pa. 415 239, n. (2) (m). Schweitzer v. Williams, 43 Pa. Super. 202 228, n. (22) (y) ; n. (25) (a2); n. (29) (m). Schwenk v. Co., 26 Pa. 281 185, n. (2) (a). Schwenk v. Montg. Co., 26 Pa. 281 185, n. (3) (a); n. (4) (a); n. (5) (a). Schwenk v. County, 26 Pa. 281 187, n. (1) (b). Schwenk v. Kehler, 122 Pa. 67 228, n. (21) (h). Schwilke's Ap., 100 Pa. 628 45, n. (2) (d), (e) ; n. (3) (a). Scott's Pet., 231 Pa. 311 228, n. (18) (g). Scott v. Carl, 24 Pa. Super. 460 228, n. (24) (p3). Scott v. Baker, 37 Pa. 330228, n. (25) (w). Scottish Asso. v. Trust Co., 195 Pa. 45 228, n. (23) (1). Scranton v. Barnes, 147 Pa. 461 82, n. (1) (a)- Scranton Building Association v. Rauck, 9 Sad. 619 43, n. (9) (1) ; 228, n. (30) (m). Scranton v. Stokes, 28 Pa. Super. 437 78, n. (3) (a). Scranton Sewer, 213 Pa. 4 56, n. (7) (a) ; 80, n. (3) (a) ; 97, n. (1);100, n. (1);126, n. (2) (a). Scranton v. Barnes, 147 Pa. 461 228, n. (24) (12). Scranton School Dist. v. Simpson, 133 Pa. 202 228, n. (27) (a) . Seabrook v. Swarthmore College, 65 Pa. 74 77, n. (2) (c). Seagrave v. Lacy, 28 Pa. Super. 586 43, n. (9) (b) ; 74, n. (1) (p) ; 141, n. (1) (a), (j). Sears v. Trust Co., 228 Pa. 126 228, n. (18) (m). Sebring v. Weaver, 42 Pa. Super. 588 185, n. (2) (a) ; Id., n. (4) (a); Id., n. (5) (a). Second Street, 161 Pa. 571 56, n. (6) (b). Second Nat, Bank v. Coal Co., 140 Pa. 128 185, n. (1) (h). Security S. & L. Asso. v. Anderson, 172 Pa. 305 50, n. (2) (a) ; n. (4) (a). Sedlinger's Ap., 1 Pa. Super. 221 117, n. (1) (c). Seibert's Ap., 2 W. N. C. 557 228, n. (28) (i) ; 232, n. (2) (a), (b). Seibert's Est., 4 Pa. Super. 514 228, n. (18) (q). Seifred v. R. R., 206 Pa. 399 185, n. (2) (c) ; 228, n. (22) (y). Seigle v. Louderbansrh, 5 Pa. 490 228. n. (20) (d). Selin v. Snyder, 11 S. & R. 319 183, n. (4) (g) ; 228, n. (22) (k). Sellers v. Burk, 47 Pa. 344 43, n. (2) (c). Sellers v. Jones. 22 Pa. 423 228, n. (20) (e) : n. (23) (h). Selser v. Roberts, 105 Pa. 242 228, n. (23) (e). 6 7 I Sel-Shi TABLE OF CASES. Seltzer v. Brundage, 21 Mona. 426 228, n. (20) (j). Senft v. Mcllvain, 43 Pa. Super. 518 183, n. (3) (i) ; page 524, Ap. Senseman's Ap., 21 Pa. 331 45, n. (2) (c). Sequin's Ap., 13 W. N. C. 423 45, n. (2) (i) ; n. (3) (1). Serf ass v. Dreisbach, 141 Pa. 142 228, n. (19) (a). Serf ass v. Stevenson, 8 Pa. Super. 519 242, n. (1) (1). Sergeant v. Martin, 133 Pa. 122 228, n. (20) (j), (k), (p). Seventh St. Sewer Case, 35 Pa. Super. 484 80, n. (6) (a). Sewickley Boro., 36 Pa. 80 228, n. (24) (u3). Seymour v. Herbert, 2 W. N. C. 363 233, n. (1) (c). Shaeffer v. Kreitzer, 6 Bin. 430 228, n. (20) (12). Shaeffer v. Landis, 1 S. & R. 449 228, n. (22) (h). Shaffer v. Kintzer, 1 Bin. 537 228, n. (8) (o). Shaffer v. Coleman, 35 Pa. Super. 386 228, n. (29) (i). Shaffer v. Iron Co., 5 Sad. 104 228, n. (22) (d2). Shainline's Ap., 2 Walk. 325 43, n. (9) (i). Shamburg v. Abbott, 121 Pa. 443 190, n. (14) (a). Shamokin Co. v. John, 18 Pa. Super. 498 11, n. (4) (c) ; 213, n. (1). Shanahan v. Ins. Co., 6 Pa. Super. 65 187, n. (1) (b) ; n. (4) (f ) ; 228, n. (9) (b);n. (24) (p2). Shannon v. McHenry, 219 Pa. 267 88, n. (3) (a). Shannon v. Collhepp, 37 Pa. Super. 241 186, n. (1) (a). Shannon v. Castner, 21 Pa. Super. 294 228, n. (15) (a) ; n. (25) (s). Shapley v. Garey, 6 S. & K. 539 126, n. (3) (j). Sharon Hill Boro., 140 Pa. 250 56, n. (4) (b). Sharp's Ap., 3 Gr. 260 43,. n. (6) (y). Sharp v. Erie, 2 Sad. 480 228, n. (21) (e). Sharp v. Emmet, 5 Whar, 288 228, n. (24) (a2). Shaver v. McCarthy, 110 Pa. 339 228, n. (20) (c), (h) ; n. (21) (j). Shaw's Ap., 46 Pa. 407 66, n. (4) (a). Shaw v. Boyd, 12 Pa. 215 228, n. (12) (b) ; n. (28) (b). Shaw v. Redmond, 11 S. & R. 27 228, n. (13) (b). Shea v. Wells, 8 Pa. Super. 511 50, n. (1) ; n. (4) (a). Sheaffer's Ap., 100 Pa. 379 71, n. (1) (f). Sheaffer v. Sensenig, 182 Pa. 634 228, n. (20 (a). Sheehan's Est., 24 Pa. 189 228, n. (18) (k). Sheehan v. Rosen, 12 Pa. Super. 298 228, n. (21) (a) ; n. (24 (j2) ; n. (26) (d). Shellenberger v. R. R., 218 Pa. 159 228, n. (24) (n4). Shenandoah Boro. v. Erdman, 21 W. N. C. 553 228, n. (24) (12). Shenango Twp. v. Wayne Twp., 34 Pa. 184 182, n. (4) (e) ; 183, n. (6) (c);228,n. (12) (e). Shenk's Account, 5 Watts 84 229, n. (1) (a). Shepherd v. Busch, 154 Pa. 149 228, n. (25) (a). Sherer v. Bank, 33 Pa. 134 228, n. (30) (f). Sheridan v. Abattoir Co., 214 Pa. 115 187, n. (1) (b), (i), (k) ; n. (4) (f). Sherwood's Est., 206 Pa. 465 126, n. (4) (1) ; 228, n. (31) (b). Shetler's Ap., 7 Pa. Super. 548 231, n. (1) (a). Shiffer's Ap., 4 Penny. 512 67, n. (1) (g). 672 TABLE OF CASES. Shi-Sim Shimer's Ap., 10 L. I. 124 45, n. (3) (t). Shimp's Est., 197 Pa. 128 228, n. (18) (q). Shimp v. Gray, 41 Pa. Super. 542 50, n. (6) (c). Shirk v. Mingle, 13 S. & R. 29 228, n. (13) (f). Shisler v. Keavey, 75 Pa. 79 43, n. (9) (h) ; 51, n. (2) (a) ; 146, n. (2) (h). Shlippy v. Foust, 3 Walk. 56 190, n. (12) (a). Shoe v. Twp., 3 Pa. Super. 137 48, n. (5) (c). Shoemaker's Case, 2 Pa. Super. 27 53, n. (3). Shoemaker's Ap., 175 Pa. 159 107, n. (1) ; 109, n. (1). Shoenberger's Exrs. v. Hackman, 37 Pa. 87 228, n. (13) (f). Shoenberger v. Zook, 34 Pa. 24 228, n. (13) (b). Shollenberger v. Brinton, 52 Pa. 9 228, n. (1) (e). Sholly y. Diller, 2 Rawle 177 228, n. (24) (k2). Shoneman v. Fegley, 14 Pa. 376 228, n. (21) (a). Short v. Messenger, 126 Pa. 637 228, n. (22) (o2). Short v. Willing, 32 L. I. 282 182, n. (2) (m). Shortz v. Quigley, 1 Bin. 222 161, n. (4) (c). Shortz v. Unangst, 3 W. & S. 438 161, n. (5) (i). Shoup v. Shoup, 205 Pa. 22 42 n. (3) ; 48, n. (4) ; 182, n. (4) (g2) ; 228, n. (24) (b2), (b4), (c4). Shovlin v. Com., 106 Pa. 369 228, n. (20) (a) ; n. (21) (a). Showers v. Showers, 27 Pa. 485 182, n. (2) (c). Shrader v. Glass Co., 179 Pa. 623 228, n. (20) (g). Shrewsbury Twp. Poor Dist. v. Dist., 33 Pa. Super. 378 85, n. (2) (d). Shuman's Est., 45 Pa. Super. 587 43, n. (6) (z) ; 228, n. (15) (a). Shultz v. Seibel, 209 Pa. 27 228, n. (25) (e). Sibbald's Est., Brightly No. P. 488 43, n. (7) (d). Sibley v. Robertson, 212 Pa. 24 147, n. (4) (f), (j) ; 148, n. (2) (b). Sicard v. Peterson, 3 S. & R. 468 43, n. (2) (q) ; 182, n. (2) (j). Sidney Sch. Furniture Co. v. School Dist., 130 Pa. 76 228, n. (22) (k). Sidney Sch. Furniture Co. v. School Dist., 122 Pa. 494 228, n. (23) (g). Sidney Sch. Furniture Co. v. Warsaw Sch. Dist., 158 Pa. 35 228, n. (25) (h). Sidwell v. Evans, 1 P. & W. 383 228, n. (23) (1). Silliman v. Whitmer, 173 Pa. 401 164, n. (2) ; 179, n. (1) (a). Silliman v. Whitmer, 11 Pa. Super. 243 187, n. (2) (i). Silliman v. Kuhn, 142 Pa. 461 199, n. (3). Silvergood v. Storrick, 1 Watts 532 182, n. (4) (b). Simes v. Blair, 5 W. N. C. 235 228, n. (23) (g). Simmond's Est., 19 Pa. 439 228, n. (15) (a). Simmons v. R. R., 199 Pa. 232 228, n. (21) (a). Simpson v. Carroll, 41 Pa. Super. 343 186, n. (1) (a). Simpson v. Marshall, 31 P. L. J. 337 185, n. (3) (a). Simpson v. McBeth, 4 Watts 409 228, n. (20) (h) ; n. (23) (1). Simpson v. Myers, 197 Pa. 522 187, n. (4) (a). Simpson v. Meyers, 197 Pa. 522 228, n. (4) (i), (j). 673 43 Sim-Smi TABLE OF CASES. Simpson v. Wray, 7 S. & R. 336 228, n. (22) (h). Sims y. Hampton, 1 S. & E. 411 126, n. (3) (c). Singmaster's Ap., 86 Pa. 169 43, n. (6) (d) ; 190, n. (12) (k), (n); 228, n. (18) (q). Sipe v. R. R., 222 Pa. 400 161, n. (3) (i) ; 183, n. (2) (f ) ; 187, n. (D (b). Skidmore v. Bradford, 4 Pa. 296 228, n. (24) (z3). Skinner v. Robeson, 4 Yeates 375 43, n. (2) (x) ; 182, n. (2) (q2). Slater v. Slater, 209 Pa. 194 197, n. (1) (b). Slattery v. Supreme Tent, etc., 19 Pa. Super. 108 228, n. (24) (p2). Slaymaker v. St. John, 5 Watts 27 228, n. (22) (h). Slinghuff v. Sisler, 193 Pa. 264 43, n. (3) (q) ; 182, n. (4) (h) ; 228, n. (24) (x). Slippery Rock Twp. Dist., 222 Pa. 538 182, n. (4) (v2). Sloan's Case, 8 Watts 194 228, n. (24) (m4). Sloan v. James, 13 Pa. Super. 399 185, n. (3) (a). Slocum's Ap., 12 W. N. C. 84 90, n. (1); 228, n. (24) (g3). Sloss-Sheffield Co. v. Iron Co., 46 Pa. 164 50, n. (14) (a). Smead v. Stuart, 194 Pa. 578 163, n. (4) (a) ; 169, n. (1) (a) ; 242, n. (1) (o). Smith's Est., 207 Pa. 604 228, n. (24) (m4). Smith v. Bank, 104 Pa. 518 228, n. (22) (n). Smith v. Bank, 15 W. N. C. 326 190, n. (12) (i). Smith v. Borough, 3 Pa. Super. 495 228, n. (18) (g). Smith v. Bouvier, 70 Pa. 325 228, n. (22) (a). Smith v. Com., 14 S. & R. 69 43, n. (9) (q). Smith v. Craig, 2 Pa. 153 228, n. (15) (g). Smith v. Ege, 52 Pa. 419 190, n. (12) (a). Smith v. Frazier, 53 Pa. 226 228, n. (24) (J2). Smith v. Hewson, 1 Am. L. Reg. 441 228, n. (30) (f). Smith v. Hine, 179 Pa. 203 228, n. (21) (h). Smith v. Hutchison, 3 Walk. 254 228, n. (24) (p4). Smith v. Jack, 2 W. & S. 101 43, n. (9) (1). Smith v. Latour, 18 Pa. 243 228, n. (22) (j2). Smith v. Meldren, 107 Pa. 348 228, n. (20) (a). Smith v. Myler, 22 Pa. 36 228, n. (24) (a2). Smith v. R. R., 232 Pa. 456 58 (A), appendix, p. 513. Smith v. Ramsay, 6 S. & R. 573 164, n. (2). Smith v. Reiff, 20 Pa. 364 43, n. (5) (p) ; n. (6) (q) ; 66, n. (4) (a). Smith v. Sharp, 5 Watts 292 239, n. (1) (a). Smith v. Tome, 68 Pa. 158 187, n. (1) (f). Smith v. Twp., 35 Pa. Super. 507 48, n. (5) (c). Smith v. Wildman, 194 Pa. 294 225, n. (1) (a). Smith v. Van Home, 72 Pa. 207 88, n. (1) (a). Smith v. Smith, 15 Pa. Super. 366 228, n. (18) (b2). Smith v. Times Publishing Co., 178 Pa. 481 147, n. (4) (c), (d) ; 148, n. (1) (a) ; 228, n. (4) (a), (e) ; n. (9) (a), (b) j n. (24) (q2). Smith v. Township, 25 Pa. Super. 234 228, n. (21) (a). Smith v. Walter, 125 Pa. 453 228, n. (20) (h). 674 TABLE OF CASES. Smu-Spe Smucker v. R. R., 6 Pa. Super. 521 228, n. (21) (a). Smull v. Jones, 6 W. & S. 122 228, n. (26) (b). Smyth v. Craig, 3 W. & S. 14 82, n. (3) (a). Snevely v. Egle, 1 W. & S. 480 228, n. (15) (a). Snevely v. Jones, 9 Watts 322 228, n. (19) (a). Snively v. Twp., 218 Pa. 249 48, n. (5) (c). Snodgrass's Ap., 96 Pa. 420 45, n. (3) (d). Snowden v. Warder, 3 Rawle 101 161, n. (5) (m). Snyder v. May, 19 Pa. 233 185, n. (1) (b). Snyder v. Brown, 197 Pa. 450 71, n. (1) (d). Snyder v. Flanigan, (S. C.) 6 Leg. Rep. 11 43, n. (3) (s2). Snyder v. Haltor, 6 C. C. 418 43, n. (9) (c). Snyder v. Berger, 18 W. N. C. 490 228, n. (23) (i). Snyder v. Karney, 198 Pa. 356 228, n. (18) (s). Snyder v. Loy, 4 Pa. Super. 201 228, n. (22) (w). Snyder v. Smith, 224 Pa. 36 228, n. (18) (g). Snyder v. Steinmatz, 6 Pa. Super. 341 228, n. (23) (h). Snyder v. Wilt, 15 Pa. 59 228, n. (23) (e). Sober v. Mooney, 48 Pa. Super. 92, 96 58 (A), appendix, p. 523. Soden v. Wheaton, 6 C. C. 416 43, n. (9) (c). Solts's Ap., 4 W. N. C. 298 190, n. (12) (j) ; 202, n. (1) (a), (b). Somer v. Huber, 183 Pa. 162 228, n. (20) (c2). Sommer v. Gilmore, 168 Pa. 117 228, n. (20) (j), (k) ; n. (22) (e) (h). Sommers v. Harvey, 1 Pa. Super. 318 146, n. (2) (h). Sommer v. Sommer, 10 Lane. Bar. 81 243, n. (3) (b) ; n. (5) (a). Sondheimer v. Hoover, 144 Pa. 221 228, n. (17) (a). Sopherstein v. Bertels, 178 Pa. 401 187, n. (1) (b). Sopp v. Winpenny, 68 Pa. 78 228, n. (1) (j) ; n. (2) (i) ; n. (4) (p). Sorg v. German Congregation, 63 Pa. 156 161, n. (5) (a) ; 187, n. (1) (a) ; 190, n. (12) (a) ; 198, n. (1) (c) ; 228, n. (17) (d) ; n. (24) (e2). Souder's Ap., 57 Pa. 498 43, n. (5) (g) ; n. (9) (m) ; 66, n. (3) (d). South Lebanon Twp. School Dist., 22 Pa. Super. 330 48, n. (1) (i). Southwest Gas Co. v. Gas Co., 145 Pa. 13 228, n. (24) (m4). Southwest Pa. Pipe Co. v. Sand Co., 43 Pa. Super. 534 183, n. (4) (a). Southern Md. Ry. v. Moyer, 125 Pa. 506 228, n. (18) (t). Spangler v. Hummer, 3 P. & W. 370 228, n. (23) (e). Spangler v. Spangler, 122 Pa. 358 228, n. (22) (h). Spear v. R. R., 119 Pa. 61 228, n. (23) (h). Spear v. Jamieson, 2 S. & R. 530 228, n. (18) (g). Speer v. Huidekoper, 221 Pa. 448 228, n. (18) (n), (s). Speers v. Knarr, 4 Pa. Super. 80 161, n. (3) (o) ; 228, n. (23) (1). Specs v. Boggs, 204 Pa. 504 228, n. (8) (g). Spence v. Spence, 4 Watts 165 228, n. (24) (k2). Spencer v. Colt, 89 Pa. 314 228, n. (20) (a). Spencer v. Conrad, 44 Pa. Super. 489 183, n. (4) (k) ; 228, n. (19) (a). Spencer v. Kunkle, 2 Gr. 406 228, n. (15) (a). 6/5 Spe-Ste TABLE OF CASES. Sperry v. Seidel, 218 Pa. 16 228, n. (20) (m). Spicer v. Rees, 5 Rawle 119 48, n. (2) (c) ; 182, n. (4) (b). Splane's Case, 123 Pa, 527 29, n. (3). Spotts v. Spotts, 4 Pa. Super. 448 228, n. (26) (b). Spratt v. Raymond, 149 Pa. 258 43, n. (9) (p). Spring Twp. Overseers v. Walker Twp., 1 Pa. Super. 383 85, n. (2) (f), (g);228,n. (18) (g), (p). Spring City Brick Co. v. Mfg. Co., 221 Pa. 385 110, n. (1) ; 117, n. (2) (c). Spring City Brick Co. v. Mfg. Co., 39 Pa, Super. 7 228, n. (19) (a). Springdale Twp., 20 Pa. Super. 381 108, n. (2) (a), (b) ; 182, n. (4) (c2). Springer v. Springer, 43 Pa. 518 182, n. (3) (a). Springer v. Stiver, 16 Pa. Super. 184 183, n. (4) (a) ; 186, n. (1) (c); 187, n. (2) (a); 190, n. (12) (m) ; 228, n. (21) (a), (f). Springfield Ins. Co. v. Brown, 128 Pa. 392 228, n. (23) (h). Sproat v. Poor Directors, 145 Pa. 598 228, n. (22) (e). Sprout v. Eagal, 193 Pa. 389 228, n. (18) (b). Stafford v. Stafford, 27 Pa. 144 161, n. (5) (p). Staib's Est., 188 Pa. 238 117, n. (4) (b). Star v. Bradford, 2 P. & W. 384 244, n. (1) (a). Starr's Est., 3 Pa. Super. 212 45, n. (3) (g). State M. F. Ins. Co. v. Keefer, 9 Pa. Super. 186 98, n. (1) (a). State Ins. Co. v. Todd, 83 Pa. 272 228, n. (30) (b). State Reporter's Case, 150 Pa. 550 9, n. (2) ; n. (3), (7). Staub v. Wolf, 4 Penny. 280 228, n. (24) (J2) ; n. (29) (e). Stauffer v. Reading, 208 Pa. 436 228, n. (9) (b). Staup v. Com., 74 Pa. 458 46, n. (10) ; 230, n. (1) (a). Stearly's Ap., 3 Gr. 270 146, n. (2) (g). Steckel v. Steckel, 28 Pa. 233 228, n. (13) (a). Steel v. Bridenbach, 7 S. & R. 150 43, n. (6) (s), (g2). Steel Iron Co. v. Jacobs, 9 Pa. Super. 122 74, n. (1) (s). Steele's Ap., 72 Pa. 101 182, n. (3) (a). Steel v. Hall, 38 L. I. 240 190, n. (13) (b). Steinbrunner v. R. R., 146 Pa. 504 228, n. (20) (d), (f) ; n. (21) (h). Steiner v. Coxe, 4 Pa, 13 222, n. (1) (d). Steiner v. Loan Co., 98 Pa. 591 222, n. (1) (j) ; 228, n. (17) (g). Steinman's Case, 95 Pa. 220 53, n. (2) ; n. (3). Steinmeyer v. Seibert, 47 P. L. J. 117 228, n. (5) (d). Steinmeyer v. Siebert, 190 Pa. 471 228, n. (18) (h), (i). Stephan v. Hudock, 4 Pa. Super. 474 74, n. (1) (s). Stephens v. Addis, 19 Pa. Super. 185 74, n. (1) (o). Stephens v. Gunzenhauser, 27 Pa. Super. 417 228, n. (24 (p2). Sterling Bronze Co. v. Imp. Assn., 226 Pa. 475 78, n. (4). Stern v. Johnston, 38 Pa. Super. 1 228, n. (24) (p2). Stern v. Stanton, 184 Pa. 468 228, n. (21) (a). Sternberg v. Sklaroff, 32 Pa. Super. 116 147, n. (4) (c) ; 228, n. (24) ( P 2). Sterrit v. Bull, 1 Bin. 238 228, n. (8) (a). Stephens v. Addis, 19 Pa. Super, 185 228, n. (1) (a). 676 TABLE OF CASES. Ste-Stu Stevenson's Est., 186 Pa. 262 188, n. (1) (b) ; 228, n. (13) (s). Stevenson v. Coal Co., 201 Pa. 112 228, n. (4) (e) j n. (9) (a), (b). Stevick v. Com., 1 W. N. C. 512 194, n. (1) (c). Stevenson v. Whitesell, 10 Pa. Super. 306 239, n. (2) (n). Stewart v. Bank, 11 S. & R. 267 161, n. (7) (a). Stewart's Ap., 86 Pa. 149 229, n. (1) (d). Stewart v. Alcorn, 2 W. N. C. 401 228, n. (19) (a). Stewart v. Company, 207 Pa. 220 228, n. (19) (a). Stewart v. Gas Coal Co., 207 Pa. 220 228, n. (20) (r). Stewart v. Machine Co., 200 Pa. 611 228, n. (25) (e). Stewart v. Martin, 2 Watts, 200 228, n. (3) (a). Stineman's Ap., 23 Pa. 394 43, n. (6) (y). St. James B. & L. Asso. v. Kelly, 29 Pa. Super. 470 228, n. (24) (z3). St. Joseph's Society, 35 Pa. Super. 80 228, n. (24) (x2). Stockdale v. Maginn, 207 Pa. 227 190, n. (12) (k) ; 228, n. (24) (h3). Stockdale v. Maginn, 131 Pa. 507 199, n. (1) (a). Stockett v. Ryan, 176 Pa. 71 228, n. (18) (g). Stoddart v. Price, 143 Pa. 537 228, n. (23) (h), (1). Stoever's Ap., 3 W. & S. 154 229, n. (2) (i). Stoever v. Immel, 1 Watts 259 228, n. (24) (g3) Stoever v. Walmer, 140 Pa. 590 228, n. (23) (c). Stokley v. Trout, 3 Watts, 163 190, n. (11) ; n. (12) (a) ; n. (13) (b). Stokes v. Burrell, 3 Gr. 241 228, n. (24) (p2). Stokes v. Compton, 38 Pa. Super. 474 228, n. (18) (g). Stokes v. Miller, 10 W. N. C. 241 228, n. (21) (h), (i). Stone's Ap., 23 W. N. C. 283 228, n. (18) (q) ; 229, n. (2) (b). Stoner v. House, 28 Pa. Super. 485 228, n. (18) (b). Storch v. Carr, 28 Pa. 135 228, n. (17) (b), (d) ; n. (19) (a). Stouffer v. Latshaw, 2 Watts 165 228, n. (23) (e). Stough's Est., 10 Dist. 547 243, n. (3) (c). Stout v. Quinn, 9 Pa. Super. 179 43, n. (7) (q) ; 147, n. (4) (c). Stowe Twp. Road, 20 Pa. Super. 404 182, n. (4) (k) ; 231, n. (1) (a). Straub v. Smith, 2 S. & R. 382 43, n. (3) (2). Strause v. Berger, 220 Pa. 367 228, n. (18) (g). Strawbridge v. Cartledge, 7 W. & S. 220 228, n. (20) (x) ; n. (22) (P). Stremme v. Dyer, 223 Pa. 7 228, n. (20) (a). Stroh v. Hess, 1 W. & S. 147 228, n. (20) (d). Stroop v. Swarts, 12 S. & R. 76 43, n. (5) (1) ; n. (6) (a2) ; n. (10) (a). Stroud v. Smith, 194 Pa. 502 228, n. (20) (n), (t). Stroup v. McClure, 4 Yeates 523 228, n. (30) (f). Stroup v. Raymond, 183 Pa. 279 228, n. (24) (m4). Strouse & Co. v. Bard, 8 Pa. Super. 48 228, n. (24) (b). Stuart v. Line, 11 Pa. Super. 345 228, n. (19) (i) ; n. (20) (b), (e), (q);n. (22) (k). 677 Stu-Syk TABLE OF CASES. Stuckslayer v. Need, 123 Pa. 53 228, n. (19) (a). Studebaker v. Gas Co., 7 Pa. Super. 641 228, n. (20) (a). Stultzfoos's Ap., 3 P. & W. 265 44, n. (5) (a) ; n. (6) (z). Sturgeon v. Stevens, 186 Pa. 350 228, n. (IS) (g). Sturm v. Sawyer, 2 Pa. Super. 254 191, n. (1) (b). Sturts v. Zeigler, 44 Pa. Super. 124 228, n. (9) (h). Sturzebecker v. Traction Co., 211 Pa. 156 228, n. (24) (n). Sugar Creek Overseers, v. Overseers, 62 Pa. 479 85, n. (1) (c). Sugar Creek v. Washington, 62 Pa. 479 146, n. (2) (h). Sullivan v. Weaver, 9 Pa. 223 48, n. (1) (b) ; 51, n. (1) (a). Summerson v. Hicks, 142 Pa. 344 228, n. (11) (e). Summerville v. Painter, 44 Pa. 110 228, n. (15) (f). Supplee v. Timothy, 124 Pa. 375 228, n. (21) (a). Susong's Ap., 2 Pa. Super. 611 190, n. (12) (a), (k). Susquehanna Ins. Co. v. Gackenbach, 115 Pa. 492 228, n. (2) (h) ; n. (29) (b). Susquehanna Ins. Co. v. Clinger, 10 Pa, Super. 92 228, n. (20) (a) ; n. (24) (m2). Susquehanna Twp. Overseers v. Overseers, 4 Pa. Super. 589 85, n. (1) (f). Sutton v. R. R., 214 Pa. 274 187, n. (1) (g). Swank v. Phillips, 113 Pa. 482 228, n. (22) (e). Swanson v. Crandall, 2 Pa. Super. 85 228, n. (23) (c). Swartz's Ap., 119 Pa. 208 74, n. (1) (f). Swartz v. Moore, 5 S. & R. 257 228, n. (2) (h). Swartz v. Hauser, 10 W. N. C. 434 228, n. (23) (g). Swayne v. Swayne, 19 Pa. Super. 160 185, n. (4) (a), (b). Swearingen v. Pendleton, 4 S. R. 389 228, n. (4) (q). Sweeny v. Oil Co., 130 Pa. 193 183, n. (2) (c). Sweetzer v. Atterbury, 100 Pa. 18 190, n. (13) (h). Sweigard v. Wilson, 106 Pa. 207 228, n. (18) (t2). Sweitzer v. Hummel, 3 S. & R. 228 228, n. (22) (1), (p). Swing v. Walker, 27 Pa. Super. 366 228, n. (20 (m) ; n. (21) (a). Swisher v. Sipps, 19 Pa. Super. 43 196, n. (2) (c) ; n. (3) (a). Swissvale Boro., 9 Pa. Super. 212 48, n. (1) (f ) ; 56, n. (4) (a), (b). Switland v. Holgate, 8 Watts 385 228, n. (23) (e). Swoope v. Wakefield, 10 Pa. Super. 342 140, n. (3) (d) ; 213, n. (1) ; 228, n. (15) (a). Swope v. Donnelly, 190 Pa. 417 187, n. (1) (b), (e) ; 198, n. (1) (e). Swope v. Snyder, 209 Pa. 352 150, n. (2) (a) ; 184, n. (2). Swoyerville Boro., 12 Pa. Super. 118 48, n. (1) (f) ; 56, n. (4) (a), (b). Swoyerville Boro. Incorporation, 12 Pa. Super. 118 182, n. (1) (b) ; n. (4) (w). Sydney v. Linton, 216 Pa. 240 228, n. (24) (m2). Sykes v. Thornton, 152 Pa. 94 44, n. (6) (m) ; 228, n. (24) (o3), (14). 678 TABLE OF CASES. Tag-Tho Taggart v. McGinn, 14 Pa. 155 228, n. (18) (o2). Talcott v. Oppenheimer, 159 Pa. 506 190, n. (14) (a). Tanney v. Tanney, 159 Pa. 277, 286 200, n. (1) (a). Tara Benevolent Society v. 8 Phila., 237 35, n. (2) (a). Tarentum Boro. v. Morhead, 26 Pa. Super. 273 78, n. (3) (a). Taxpayers' Petition, 32 C. C. 499, 15 Dist. 689 38, n. (1) (g). Taylor's Est., 179 Pa. 254 43, n. (10) (c), (d). Taylor's Est., 35 Pa. Super. 452 228, n. (18) (q). Taylor's Ap., 21 W. N. C. 356 239, n. (1) (g) ; n. (4) (a). Taylor v. Burrel, 7 Pa. Super. 261 228, n. (15) (b) ; n. (20) (a), (r); n. (21) (a). Taylor v. Com., 44 Pa. 131 46, n. (5) (d) ; 228, n. (31) (a). Taylor v. Folz, 24 Pa. Super. 1 228, n. (18) (n),(s), (m2). Taylor v. Fuller, 5 Pa. Super. 193 228, n. (20) (d), (a2) ; n. (21) (h). Taylor v. Paul, 6 Pa. Super. 496 228, n. (20) (h). Taylor v. Sattler, 6 Pa. Super. 431 185, n. (1) (b) ; 228, n. (14) (a);n. (19) (a), (d). Taylor Lumber Co. v. Carnegie Institute, 225 Pa. 486 78, n. (4). Tenan v. Cain, 188 Pa. 242 228, n. (25) (a). Tenbrooke v. Jahke, 77 Pa. 392 228, n. (22) (h) ; n. (23) (h). Terry v. Wenderoth, 147 Pa. 519 228, n. (4) (b), (h). Thatcher's Case, 18 Pa. Super. 533 182, n. (4) (t) ; 230, n. (1) (f). Thirteenth Ward B. & L. Asso. v. Coyle, 19 Pa. Super. 238 242, n. (2) (e);n. (3) (b). Thirty-fourth Street, 81 Pa. 27 182, n. (4) (k) ; 183, n. (4) (a) ; 228, n. (1) (a). Thomas v. Borden, 222 Pa. 184 44, n. (6) (c) ; 150, n. (2) (a) ; 155, n. (1) (a); 183, n. (4) (a). Thomas v. Bradfield, 15 B. I. 165 146, n. (2) (h). Thomas v. Butler, 24 Pa. Super. 305 228, n. (20) (n), (q), (i2) ; n. (22) (e), (12). Thomas v. Johnson, 175 Pa. 458 161, n. (1) (i). Thomas v. Law, 25 Pa. Super. 19 228, n. (23) (h). Thomas v. Loose, 114 Pa. 35 228, n. (19) (a). Thomas v. Mann, 28 Pa. 520 228, n. (2) (h) n. (26) (a). Thomas v. Northern Liberties, 13 Pa. 117 228, n. (4) (f). Thomas v. Shoemaker, 6 W. & S. 179; 126, n. (3) (j). Thomas v. Snyder, 23 Pa. 515 190, n. (12) (a). Thomas v. Thomas, 21 Pa. 315 228, n. (19) (a). Thomas v. Twp., 148 Pa. 116 48, n. (1) (c). Thomas v. Upper Merion Twp., 148 Pa. 116 182, n. (3) (c). Thompson v. Prettyman, 231 Pa. 1 190, n. (12) (k) ; 228, n. (18) (u). Thompson's Ap., 103 Pa, 603 228, n. (24) (q3). Thompson v. Barkley, 27 Pa. 263 228, n. (24) (p2). Thompson v. Cross, 16 S. & R. 350 228, n. (13) (b) ; n. (27) (h). Thompson v. Franks, 37 Pa. 327 228, n. (21) (a). Thompson v. Kaufman, 9 Pa. Super. 305 190, n. (13) (k) ; n. (14) (b). 679 Tho-Try TABLE OF CASES. Thompson v. McConnell, 1 Gr. 396 183, n. (2) (q). Thompson v. Petriello, 33 Pa. Super. 651 155, n. (1) (a); 189, n. (1) (b). Thompson v. Preston, 5 Pa. Super. 154 108, n. (2) (a) ; 110, n. (2) (b);182, n. (1) (a) ; n. (4) (p2). Thompson v. Stevens, 71 Pa. 161 228, n. (24) (n2). Thome v. Wharfflein, 100 Pa. 519 190, n. (14) (b). Thornton v. Ins. Co., 71 Pa. 234 48, n. (1) (q2). Thornton v. Britton, 144 Pa. 126 228, n. (4) (k) ; n. (24) (2). Thrall v. Williamsport, 4 Pa. Super. 165 11, n. (4) (c). ThraU v. Wilson, 17 Pa. Super. 376 228, n. (4) (n) ; n. (19) (h) ; n. (20) (a), (b), (w);n. (21) (c). Tiernan's Est., 33 Leg. Int. 24 43. n. (6) (u). Tietz v. Traction Co., 169 Pa. 516 28, n. (19) (i) ; n. (21) (h). Tilbury v. R. R., 221 Pa. 245 88, n. (3) (a). Titusville B. & L. Asso. v. McCombs, 92 Pa. 364 50, n. (2) (a). Todd v. Patterson, 17 S. & R. 345 48, n. (1) (c2). Todd v. Ins. Co., 9 Pa. Super. 371 228, n. (24) (c). Toddes v. Hafer, 25 Pa. Super. 78 148, n. (1) (e) ; 155, n. (2) (a) ; 187, n. (1) (b). Toole v. Railroad Co., 158 Pa. 99 228, n. (20) (h). Toole's Ap., 90 Pa. 376 48, n. (1) (e2) ; 228, n. (24) (s3). Torrance v. Torrance, 53 Pa. 505 228, n. (19) (a). Torrey v. Scranton, 133 Pa. 173 228, n. (U) (a). Titusville Iron Works v. Oil Co., 130 Pa. 211 228, n. (6) (m) ; n. (7) (a). Titusville Oil Exchange, 10 Pa. Super. 496 44, n. (6) (j) ; 163, n. (4) (d);169,n. (1) (b). Tobin v. Gregg, 34 Pa. 446 228, n. (20) (h) ; n. (23) (e). Tobin v. Tobin, 32 Pa. Super. 186 43, n. (3) (c). Totten's Ap., 40 Pa. 385 228, n. (24) (p3). Towanda Bridge Co., 91 Pa. 216 48, n. (5) (a). Township Road, 135 Pa. 176 198, n. (3) (b). Tozer v. Jackson, 164 Pa. 373 228, n. (8) (d). Travellers' Ins. Co. v. Heath. 95 Pa. 333 243, n. (1) (i) ; n. (2) (a) ; n. (5) (a). Treat v. Ins. Co., 199 Pa. 326 71, n. (1) (b). Trego v. Lewis, 58 Pa. 463 232. n. (1) (n). Trego v. Pierce, 119 Pa. 139 228, n. (25) (a). Trenton Rubber Co. v. Small, 3 Pa. Super. 8 228, n. (24) (b). Trescot v. Bank, 212 Pa. 47 190, n. (3) (f ) ; 228, n. (24) (b). Tressler's Est.. 228 Pa. 281 45, n. (3) (g), (r). Trexler v. Africa, 33 Pa. Super. 395 228, n. (23) (k). Trimble's License, 41 Pa. Super. 370 190, n. (14) (e). Troubat Avenue, 10 Pa. Super. 27 183, n. (4) (a) ; 228, n. (14) (a);n. (15) (a). Troxell v. Mining Co., 213 Pa. 475 228, n. (11) (d). Trullinger v. Charles, 129 Pa. 289 185. n. (2) (h). Tryon v. Carlin, 5 Watts 371 228, n. (4) (t). Tryon v. Cadwalladar. 3 Luz. L. Ob. 230 66, n. (4) (c). 680 TABLE OF CASES. Try-Ven Tryon v. Mather, 1 Whar. 11 228, n. (20) (12) Turner v. Larkin, 12 Pa. Super. 284 146, n. (2) (h). Turner v. Whitaker, 9 Pa. Super. 83 228, n. (14) (a). Turner's Est., 183 Pa. 543 45, n. (3) (i), (o). Turnpike Koad v. Berks Co., 196 Pa. 21 187, n. (4) (f). Turton v. Electric Co., 185 Pa. 406 228, n. (20) (a). Twelfth St. Market Co. v. R. R. 142 Pa. 580 90, n. (1) ; 228, n. (24) (g3). Twibill's Est., 29 Pa. Super. 319 242, n. (1) (h). Twitchel's Ap., 4 W. N. C. 68 186, n. (1) (b). Tyrone, etc. Co. v. Cross, 128 Pa. 636 288, n. (22) (e). Udderzook v. Harris, 140 Pa. 236 185, n. (1) (d). Ullery v. Clark, 18 Pa. 148 288, n. (28) (i) ; 232, n. (2) (a). Ulshafer v. Stewart, 71 Pa. 170 43, n. (10) (g) ; 235, n. (1) (a). Ulysses v. Elgin Butter Co., 20 Pa. Super. 384 183, n. (4) (b). Ulysses Co. v. Ins. Co., 20 Pa. Super. 384 228, n. (15) (a) ;"n. (24) (a2). Umberger v. Zearing, 8 S. & R. 163 228, n. (24) (b). Unangst v. Kreamer, 8 W. & S. 391 228, n. (25) (a). Union Tract. Co. v. Grubb, 24 Pa. Super. 345 228, n. (18) (q). Union Trust Co. v. Cain, 29 Pa. Super. 197 190, n. (12) (a). Union Trust Co. v. Cain (No. 2), 29 Pa. Super. 197 190, n. (12) (a). United E. L. Co. v. E. Pittsburg, 230 Pa. 65 184, n. (2). United States Engine Co. v. Iron Co., 227 Pa. 262 228, n. (3) (j). U. S. Tel. Co. v. Wenger, 55 Pa. 262 82, n. (1) (a) ; 228, n. (24) (12); 161, n. (4) (g). Updegraff v. Snyder, 36 Pa. Super. 30 190, n. (14) (a). Uplinger v. Bryan, 12 Pa. 219 228, n. (25) (a). Upper Dublin Road, 94 Pa. 126 146, n. (2) (a). Urket v. Loryell, 5 W. & S. 60 228, n. (22) (f2). Utt v. Long, 6 W. & S. 174 228, n. (22) (k). Valentine's Ap., 3 W. N. C. 471 45, n. (2) (a) ; n. (3) (r). Valley Twp. Div., 146 Pa. Ill 182, n. (4) (b2). Vandermis v. Gilbert, 10 Pa. Super. 159 182, n. (1) (b). Vandermis v. Gilbert, 10 Pa. Super. 570 182, n. (4) (12). Vanderslice v. Donner, 26 Pa. Super. 319 183, n. (2) (a) ; 187, n. (1) (f)- Vandevort v. Wheeling Iron Co., 194 Pa. 118 228, n. (23) (h). Van Dike v. Townsend, 35 L. I. 171 228, n. (24) (d2). Van Home v. Dick, 151 Pa. 341 187, n. (1) (b) ; 228, n. (25) (c). Van Horn v. Frick, 3 S. & R. 278 43, n. (5) (m). Vankirk v. McKee, 9 Pa. 100 228, n. (18) (o2). Vanpool v. Com. 13 Pa. 391 230, n. (1) (c). Vansant v. Boileau, 1 Bin. 444 182, n. (2) (w). Van Sciver v. McPherson, 199 Pa. 331 196, n. (3) (a), (c). Van Sciver v. Churchill, 35 Pa. Super. 212 228, n. (24) (m). Vaux's Ap., 109 Pa. 497 182, n. (4) (s2) ; 228, n. (24) (w2). Vensel v. Coiner, 31 L. L 373 228, n. (1) (b) ; n. (17) (a), (c). 681 Ver-Wal TABLE OF CASES. Verona Boro.'s Ap., 5 Pa. Super. 340 56, n. (6) (a). Vincent v. Huff, 4 S. & R. 298 228, n. (22) (h) ; n. (24) (2). Vivian v. Challenger, 45 Pa. Super. 1 185, n. (4) (a) ; 228, n. (29) (k). Volk v. Bently, 40 Pa. Super. 628 190, n. (12) (r). Voskamp v. Conner, 173 Pa. 109 185, n. (1) (b), (f ) ; n. (2) (a). Vulcanite Paving Co. v. Transit Co., 220 Pa. 603 78, n. (4). Vulcanite Paving Co. v. Ruch, 147 Pa. 251 228, n. (25) (a). Vulcanite Portland Cement Co. v. Allison, 220 Pa. 382 78, n. (4). Wabash Avenue, 26 Pa. Super. 305 183, n. (2) (a); 185, n. (1) (h);186, n. (1) (b) ; n. (2). Wacker's License, 6 Pa. Super. 323 43, n. (5) (v). Wacker v. Straub, 88 Pa. 32 190, n. (12) (a). Wagner's Ap., 43 Pa. 102 228, n. (1) (a). Wagner's Ap., 65 Pa. 102 228, n. (17) (a). Wagner v. Twp., 132 Pa. 636 48, n. (5) (c). Wagenhorst's Ap., 126 Pa. 127 190, n. (12) (a), (1). Wagon Works' Est., 198 Pa. 250 228, n. (6) (c). Wahl v. Railroad Co., 158 Pa. 257 228, n. (22) (k). Walbert v. Trexler, 156 Pa. 112 228, n. (22) .(a2). Waldron v. Waldron, 55 Pa. 231 228, n. (24) (y2). Walker's Ap., 2 Ball. 190 228, n. (1) (b). Walker's Est., 25 Pa. Super. 256 45, n. (3) (e) ; 117, n. (2) (b). Walker's Est., 3 Rawle 243 229, n. (1) (c). Walker v. Edmonds, 197 Pa. 644 228, n. (18) (q). Walker v. Tupper, 152 Pa. 1 228, n. (1) (j) ; n. (2) (i) ; n. (4) (p). Walker Twp. Overseers v. Knisely, 17 Pa. Super. 415 108, n. (2) (a);182,n. (4) (r). Wall v. Building Asso., 3 Leg. Gaz. 228, n. (11) (h). Wallace's Est., 40 Pa. Super. 595 43, n. (6) (y). Wallace v. Henderson, 211 Pa. 142 228, n. (22) (n). Wallace v. Jameson, 179 Pa. 94 43, n. (3) (f). Wallace v. Jameson, 179 Pa. 98 82, n. (1) (a) ; 228, n. (24) (12) . Wallace v. Holmes, 40 Pa. 427 235, n. (1) (a). Wallington v. Kneass, 15 Pa. 315 48, n. (1) (x) ; 182, n. (4) (t2) Walls v. Campbell, 23 W. N. C. 506 146, n. (2) (g) Walls v. Wilson, 28 Pa. 514 228, n. (1) (a) ; n. (17) (a) Wain v. Beaver, 161 Pa. 605 141, n. (1) (b), (d). Walsh v. Ashford, 9 Pa. Super. 566 74, n. (1) (s) ; 228, n. (24) (z3). Walsh v. Bourse, 15 Pa. Super. 219 50, n. (4) (a). Walsh v. Porterfield, 87 Pa. 376 228, n. (20) (a). Walter's Est., 2 Chester Co., 159 239, n. (2) (j). Walter v. Sun Fire Office, 165 Pa. 381 154, n. (1) 190 n (14) (b);228, n. (1) (b) ; n. (17) (a). Walter v. Fees, 155 Pa. 55 74, n. (1) (s). Walter v. Transue, 22 Pa. Super. 617 228, n. (13) (f) Walthour v. Spangler, 31 Pa. 523 228, n. (24) (a) ; n. (26) (a) Walton v. Caldwell, 5 Pa. Super. 143 228, n. (19) (a). 682 TABLE OF CASES. Wal-Wel Walton v. Hinnan, 146 Pa. 396 186, n. (1) (a) ; 187, n. (4) (f). Wannamaker v. Burke, 111 Pa. 423 228, n. (23) (c). Warfel v. Knott, 128 Pa. 528 187, n. (1) (b). Warner v. Hare, 154 Pa. 548 228, n. (18) (z). Warner v. McMullin, 131 Pa. 370 183, n. (3) (g) ; page 537, Ap. Warner v. R. R., 39 Pa. Super. 282 155, n. (1) (a), (1); 161, n. (9) (b), (d). Warren v. Johnston, 33 Pa. Super. 617 43, n. (3) (v) ; 77, n. (2) (e). Warren v. Steer, 17 W. N. C. 12 164, n. (2). Warsaw Twp. Poor Dist. v. Poor Dist., 107 Pa. 301 85, n. (1) (a). Warsaw Twp. Poor Dist. v. Knox Twp. Poor Dist., 117 Pa. 301 182, n. (2) (b). Warwick Steel & Iron Co. v. McKeag, 205 Pa. 490 113, n. (5) (b) ; 190, n. (3) (a); n. (5); n. (15) (a); 191, n. (1) (a). Washington St., 30 Pa. Super. 542 43, n. (3) (z). Wachter's Case, 1 Walk. 267 43, n. (6) (w). Watkins v. Hughes, 206 Pa. 526 42, n. (1) (d) ; 43, n. (1) (c) ; 44, n. (3) (a) ; n. (6) (x) ; 126, n. (5) (c) ; 228, n. (18) (m). Watson v. Supplee, 14 W. N. C. 452 50, n. (2) (a). Watson v. Willard, 9 Pa. 89 43, n. (5) (q) ; n. (6) (c2). Watson v. Welter, 91 Pa. 385 43, n. (9) (c). Watts v. Cummins, 59 Pa. 84 228, n. (20) (a). Wattson v. R. R., 83 Pa. 254 1, n. (3). Wayne Twp. v. Jersey Shore, 81 Vz Pa. 264 48, n. (1) (m2J; 85, n. (1) (a). Waynesboro Ins. v. Creaton, 98 Pa. 451 228, n. (22) (e). Waynesburg Boro.'s North Ward, 29 Pa. Super. 525 182, n. (4) (a2). Weamer v. Juart, 29 Pa. 257 228, n. (19) (a). Weaver's Est., 25 Pa. 434 228, n. (15) (a). Weaver's Case, 116 Pa. 225 75, n. (2) (a); 182, n. (4) (m2). Weaver's Case, 20 Pa. Super. 95 146, n. (2) (c) ; 182, n. (4) (j). Weaver v. Com., 29 Pa. 445 185, n. (1) (n) ; 228, n. (1) (b) ; n. (17) (a). Weaver v. Cone, 189 Pa. 298 117, n. (3) (b). Webb v. Lees, 149 Pa, 13 228, n. (21) (h). Webb v. Hears, 45 Pa. 222 228, n. (23) (c). Weidknecht v. Boyer, 2 W. N. C. 638 228, n. (24) (J4). Weidler v. Bank, 11 S. & R. 134 228, n. (23) (d). Weil v. Frauenthal, 103 Pa. 317 126, n. (1) (a) ; n. (4) (n). Weinberger v. Shelly, 6 W. & S. 336 228, n. (27) (j). Weishert v. Orris, 32 L. I. 283 228, n. (17) (d). Weiss v. Swift, 36 Pa. Super. 376 228, n. (19) (a). Weiss 's Ap., 5 W. N. C. 423 43, n. (5) (f). Weitz v. Banfield, 226 Pa. 241 228, n. (24) (p2). Welch v. Miller, 210 Pa. 204 228, n. (14) (a). Welch v. Vanbebber, 4 Yeates 559 228, n. (28) (e) ; 232, n. (1) (a). Welliver v. Canal Co., 23 Pa. Super. 79 161, n. (3) (q) ; 183, n. (4) (a); 187, n. (2) (a); 228, n. (20) (u) ; n. (22) (n). 683 Wel-Whi TABLE OF CASES. Wellock v. Cowan, 16 S. & R. 318 228, n. (24) (d4). Wells v. Ins. Co., 191 Pa. 207 228, n. (23) (e). Wells v. Wells, 6 C. C. 417 43, n. (9) (d). Welsh's Ap., 22 Pa. Super. 392 43, n. (7) (q) ; 182, n. (4) (u) ; 228, n. (18) (o). Welsh v. Speakman, 8 W. & S. 257 228, n. (31) (e). Wendt's Est., 14 Pa. Super. 644 228, n. (18) (q). Wenger's Est., 2 Pa. Super. 611 228, n. (2) (h) ; n. (28) (h). Wenger v. Barnhart, 55 Pa. 300 228, n. (20) (b), (h), (y). Wenrich v. Heffner, 38 Pa. 207 228, n. (23) (g), (h). Werfel v. Com., 5 Bin. 65 228, n. (31) (a). Werkheiser v. Werkheiser, 6 W. & S. 184 228, n. (22) (c2). Werneberg v. Pittsburg, 210 Pa. 267 228, n. (8) (j). Wernersville Boro., 38 Pa. Super. 462 48, n. (1) (f ) ; 56, n. (4) (b);182, n. (4) (w). Wernet's Ap., 91 Pa. 319 228, n. (24) (z3). Wertz v. May, 21 Pa. 274 228, n. (19) (a). Wertz v. May, 21 Pa. 274 228, n. (26) (b). Wesley v. Sharpe, 19 Pa. Super. 600 163, n. (1) (d). West's Ap., 3 S. & R. 92 42, n. (1) (d) ; 43, n. (1) (c). West Branch Ins. Co. v. Macklin, 66 Pa. 34 228, n. (23) (e). West Chester v. Postal Tel. & Cable Co., No. 320, Jan. 3, 1909, M. S. 121, n. (3) (c). West Chester Boro. v. Tel. Co., 38 Pa. Super. 603 228, n. (18) (g). West Donegal Twp. Road, 21 Pa. Super. 620 182, n. (4) (e), (k) ; 231, n. (1) (a), (k). Western N. Y., &c. Ry. v. Ry., 193 Pa. 127 71, n. (1) (e). West Hickory Mining Asso. v. Reed, 80 Pa. 38 185, n. (2) (a). Westmoreland S. B. & L. Asso. v. Nesbit, 21 Pa. Super. 150 228, n. (24) (m4). Westmoreland v. Conemaugh, 34 Pa. 231 161, n. (4) (i) . West Perry Twp. Overseers v. Overseers, 2 Walk. 262 85, n. (2) (d) West Pikeland Twp. Road, 38 Pa. Super. 466 231, n. (1) (a). Wetherald v. Shupe, 109 Pa. 389 182, n. (4) (a), (h) ; 228, n. (24) (x). Wetherill v. Erwin, 12 Pa. Super. 259 228, n. (19) (a) ; n. (20) (j) ; n. (23) (m). Wetter v. Kiley, 95 Pa. 461 43, n. (19) (s). Whaley v. Bank, 28 Pa. Super. 531 187, n. (1) (b) ; 198, n. (1) (b). Wharmby's Ap., 4 Kulp 23 190, n. (12) (j) ; 202, n. (1) (b). Wharton v. Williamson, 13 Pa. 273 228, n. (8) (j). Wheeler v. Winn, 53 Pa. 122 147, n. (4) (a) ; 161, n. (1) (a). Wheeler v. Phila., 77 Pa, 338 36, n. (2) (a), (b). Whetstone v. Bowser, 29 Pa. 59 190, n. (13) (a); n. (14) (b). Whitaker v. Campbell, 187 Pa. 113 228, n. (20) (a), (n). White's Ap., 15 W. N. C. 313 43, n. (7) (d), (f). White v. Black, 14 Pa. Super. 459 228, n. (19) (a) ; n. (20) (a), (c). White v. Kyle, 1 S. & R. 515 228, n. (22) (n). White v. Ry., 215 Pa. 462 228, n. (24) (s2). 684 TABLE OF CASES. Whi-Wil White v. R. R. 222 Pa. 534 228, n. (25 (m), (x). White v. Rech, 171 Pa. 82 146, n. (2) (h). Whitecar v. Supreme Castle, 18 Pa. Super. 631 74, n. (1) (s) ; 228, n. (24) (z3). Whitehall v. Wilson, 3 P. & W. 405 228, n. (23) (e). Whitehill v. Schwartz, 27 Pa. Super. 526 228, n. (4) (v). White-marsh Road, 5 Pa. 101 228, n. (24) (f3). Whitesell v. Peck, 176 Pa. 170 243, n. (1) (c) ; n. (3) (a). Whiting Mfg. Co. v. Bank, 15 Pa. Super. 419 228, n. (20) (e). Whitmire v. Montgomery, 165 Pa. 253 186, n. (1) (a); 228, n. (22) (e);n. (25) (a). Wickersham v. Russell, 51 Pa. 71 228, n. (24) (b). Wightman v. Pettis, 29 Pa. 283 43, n. (9) (h). Wike v. Woolverton, 26 Pa. Super. 561 228, n. (9) (b). Wilbur's Ap., 10 W. N. C. 101 44, n. (4) (a). Wilcox v. Payne, 88 Pa. 154 288, n. (1) (a), (b) ; n. (17) (a) ; n. (18) (02). Wilcox v. Snyder, 22 Pa. Super. 451 190, n. (12) (c) ; 228, n. (25) (q). Wilcox v. Merrick, 23 Pa. Super. 59 242, n. (1) (h). Wilkes-Barre Record v. Luzerne Co., 6 Pa. Super. 600 2, n. (7). Wilkins Twp. Road, 4 Sad. 299 126, n. (4) (o). Wilkins v. Boyce, 3 Watts 39 228, n. (18) (b). Wilkensburg Boro., 131 Pa. 365 56, n. (4) (a) ; 126, n. (1) (a). Wilkinson v. Boro., 215 Pa. 486 146 (A). William's Est., 140 Pa. 187 228, n. (24) (m4). William Street, 13 Pa. Super. 266 43, n. (7) (t). William Street Case, 13 Pa. Super. 266 183, n. (3) (c). Williams v. Carr, 1 Rawle, 420 183, n. (4) (i) ; 228, n. (21) (a) ; n. (22) (w2). Williams Typewriter Co. v. Cleaver, 38 Pa. Super. 376 228, n. (23) (n). Williams v. Bently, 29 Pa. 272 228, n. (23) (h). Williams v. Church, 193 Pa. 120 228, n. (18) (a2). Williams v. Meadville, 31 Pa. Super. 580 228, n. (29) (1). Williams v. Williams, 206 Pa. 644 288, n. (18) (b). Williams v. Williams, 34 Pa. 312 161, n. (5) (f ) ; 228, n. (22) (p)., Williams v. Com., 29 Pa. 102 228, n. (20) (p). Williams v. Meadville, 31 Pa. Super. 580 228, n. (20) (h2). Williams v. Phila., 208 Pa. 282 199, n. (1) (e), (f). Willock v. R. R., 229 Pa. 526 196, n. (2) (g) ; page 513, Ap. Wills v. Hardcastle, 19 Pa. Super. 525 147, n. (4) (f ), (j) ; 148, n. (2) (b) ; 185, n. (1) (j) ; 190, n. (12) (a), (b) ; 228, n. (25) (a), (m). Wilson v. Keller, 195 Pa. 98 11, n. (4) (c) ; 140, n. (3) (d) ; 190, n. (12) (a), (b), (d) ; 193, n. (3) (a) ; page 532, Ap. Wilson v. Scranton, 141 Pa. 621 189, n. (1) (c). Wilson v. Snyder, 22 Pa. Super. 451 190, n. (12) (b). Wills v. Kane, 2 Gr. 60 228, n. (30) (j). Wilmarth v. Mountford, 8 S. & R. 124 228, n. (23) (h). 68 5 Wil-Woo TABLE OF CASES. Wilson v. Colwell, 3 Watts 212 43, n. (1) (d) ; 182, n. (2) (j). Wilson v. Gray, 8 Watts 25 228, n. (3) (b). Wilson v. Homer, 59 Pa. 155 161, n. (5) (p). Wilson v. Mitchell, 101 Pa. 495 228, n. (23) (e). Wilson v. Trust Co., 225 Pa. 143 50, n. (4) (a). Wilvert v. Sunbury, 81% Pa. 57 161, n. (5) (f), (p) ; 190, n. (13) (g). Winans v. Bnnnell, 13 Pa. Super. 445 228, n. (20) (a) ; n. (25) (p). Winger v. Rife, 101 Pa. 152 228, n. (24) (g4). Wingerd v. Fallen, 95 Pa. 184 228, n. (23) (e). Wingert v. Teitrick, 31 Pa. Super. 187 89, n. (1) (a) ; n. (2). Winnett v. Ins. Co., 36 Pa. Super. 517 187, n. (1) (b). Winslow Bros. v. Du Puy, 208 Pa. 98 228, n. (18) (b). Winsor v. Haddock, 64 Pa. 231 228, n. (22) (a), (c2). Winter Ave., 23 Pa. Super. 353 126, n. (4) (g), (o). Winters v. Mowrer, 163 Pa. 239 228, n. (20) (c). Winther v. Railway, 159 Pa. 628 228, n. (19) (a). Winton v. Little, 9 W. N. C. 37 228, n. (15) (g). Wirsing v. Smith, 222 Pa. 8 185, n. (1) (b) ; 228, n. (24) (p2). Wise v. Allen, 9 Sad. 561 228, n. (1) (b) ; n. (17) (a). Wisecarver v. Braden, 146 Pa. 42 228, n. (30) (f). Wistar's Ap., 115 Pa. 241 45, n. (3) (s). Withers v. Haines, 2 Pa. 435 228, n. (24) (k). Woeckner v. Motor Co., 187 Pa. 206 228, n. (22) (a2). Wojciechowski v. Johnowski, 16 Pa. Super. 444 185, n. (3) (a) ; n. (4) (a). Wolbert v. Trexler, 156 Pa. 112 228, n. (22) (a). Woldert Grocery Co. v. Wilkinson, 39 Pa. Super. 100 187, n. (1) (b). Wolf v. Augustine, 197 Pa. 367 228, n. (18) (n). Wolf v. Christman, 202 Pa. 475 228, n. (18) (m). Wolf v. Ferguson, 129 Pa. 272 185, n. (2) (h) ; 228, n. (1) (b). Wolf v. Jacobs, 10 Pa. Super. 54 183, n. (2) (j). Wolf v. Traction Co., 181 Pa. 399 228, n. (9) (b) ; 242, n. (1) (g) ; n. (2) (d). Wolf v. Wolf, 158 Pa. 621 228, n. (20) (g). Wolff v. Wilson, 25 Pa. Super. 266 43, n. (1) (f), (h) ; 126, n. (5) (a). Wollenweber v. Ketterline, 17 Pa. 389 228, n. (15) (a), (g) ; n. (25) (e). Wolverton v. Hart, 7 S. & R. 273 228, n. (25) (c), (e). Wolverton v. Com., 7 S. & R. 273 187, n. (4) (b). Wood v. Figard, 28 Pa. 403 228, n. (19) (b). Wood v. Kerkeslager, 227 Pa. 536 50, n. (6) (h). Wood v. Malone, 131 Pa. 554 228, n. (20) (a). Wood v. Mfg. Co., 22 Super. 138 185, n. (1) (b). Wood v. Boyle, 177 Pa. 620 228, n. (13) (1). Woodward v. Heist, 180 Pa. 16 190, n. (12) (a). Woodward v. Carson, 208 Pa, 144 74, n. (1) (t). Woodward v. Traction Co., 17 Pa. Super. 576 228, n. (9) (c) ; n. (24) (p2);n. (25) (a). 686 TABLE OF CASES. Woo- You Woodward v. Carson, 208 Pa. 144 228, n. (24) (z3). Woodwell v. Brown, 44 Pa. 121 228, n. (22) (o). Woolman v. Ice Co., 18 Pa. Super. 596 228, n. (23) (h). Worden v. Connell, 196 Pa. 286 228, n. (19) (a). Work v. McClay, 2 S. & R. 415 228, n. (20) (c). Work v. Maclay, 14 S. & R. 265 239, n. (2) (b). Worrall v. Pyle, 132 Pa. 529 228, n. (26) (a), (b). Wrasee v. Traction Co., 146 Pa. 417 228, n. (8) (g) ; 239, n. (I) (a). Wray v. Spence, 145 Pa. 399 82, n. (1) (a) ; 183, n. (2) (r) ; 185, n. (1) (f); 228, n. (1) (a) ; n. (19) (a) ; n. (24) (12). Wright's Est., 155 Pa. 64 186, n. (2). Wright v. Milliken, 152 Pa. 507 228, n. (30) (f). Wright v. Small, 5 Bin. 204 239, n. (1) (a). Wright v. Wood, 23 Pa. 120 228, n. (15) (a); n. (26) (a), (f). Wruble v. Day, 34 Pa. Super. 100 43, n. (3) (d3). Wust v. Iron Works, 149 Pa. 263 187, n. (1) (b). Wyatt v. Szymanski, 38 Pa. Super. 525 146, n. (2) (h). Wymard v. Deeds, 21 Pa. Super. 332 183, n. (2) (f ) ; 186, n. (1) (a), (b). Wynn v. Bellas, 34 Pa. 160 43, n. (2) (s). Wyoming Street, 137 Pa. 494 80, n. (4). Yard v. Pancoast, 108 Pa. 384 88, n. (1) (a) ; 228, n. (30) (d). Yardley v. Cuthbertson, 108 Pa. 395 161, n. (5) (t) ; 228, n. (20)' (a);n. (22) (k), (w), (12). Yeager's Est., 31 Pa. Super. 202 227, n. (2) (c). Yeager v. Cassidy, 12 Pa. Super. 232 187, n. (4) (a). Yeager v. Fuss, 9 W. N. C. 557 161, n. (1) (i) ; n. (5) (b). Yeager v. Weaver, 64 Pa. 425 161, n. (4) (g). Yerger v. Hunn, 231 Pa. 245 184, n. (1) (a) ; n. (3) (a) ; 228, n. (18) (m). Yerkes v. Richards, 153 Pa. 646 82, n. (2) (b). Yerkes v. Wilson, 81% Pa. 9 228, n. (20) (r). Yetter v. R. R., 206 Pa. 485 11, n. (4) (c). Yocum v. Bank, 195 Pa. 411 228, n. (27) (d). York Haven Water Co.'s Case, 218 Pa. 578 43, n. (6) (p). York Haven Water Co.'s Ap., 212 Pa. 622 228, n. (18) (g). Yoast v. Beatty, 12 Pa. Super. 219 155, n. (1) (h). Yost v. Clark, 25 Pa. Super. 144 148, n. (1) (f) ; 155, n. (1) (a), (e). Yost v. Coyle, 226 Pa. 458 228, n. (24) (m4). Yost v. Davidson, 5 Pa. Super. 469 43, n. (3) (m). Yost v. Yost, 38 Pa. Super. 464 182, n. (4) (q2). Youghiogheny River Bridge, 2 Pa. Super. 265 228, n. (24) (3). Young's Petition, 9 Pa. 215 126, n. (1) (a). Young's Ap., 2 P. & W. 380 48, n. (1) (r2). Young's Est., 204 Pa. 32 228, n. (18) (q). Young v. Com., 6 Bin. 88 228, n. (24) (g). Young v. Merkel, 163 Pa. 513 228, n. (21) (h). 687 You-Zug TABLE OF CASES. Youngman v. Miller, 98 Pa. 196 228, n. (21) (h). Yung's Est., 199 Pa. 35 43, n. (7) (j). Yungfleisch's Ap., 1 Walk. 125 185, n. (2) (a). Zartman v. Spangler, 21 Pa. Super. 647 74, n. (1) (s) ; 228, n. (24) (z3). Zeigler's Petition, 207 Pa. 131 228, n. (24( (e). Zeigler v. Handriek, 106 Pa. 87 228, n. (26) (a). Zell v. Com., 94 Pa. 258 228, n. (11) (a); n. (19) (a). Zerbe v. Miller, 16 Pa. 488 185, n. (1) (b). Zerbey v. Allan, 215 Pa. 383 150, n. (1) (b). Zerger v. Sailer, 6 Bin. 24 228, n. (22) (n). Ziegler v. Handriek, 106 Pa. 87 228, n. (1) (c). Zimmerman v. Camp, 155 Pa. 152 187, n. (1) (e) ; n. (4) (f ), (g) ; 198, n. (1) (e); 228, n. (28) (f ) ; 232, n. (1) (1). Zion Congregation's Ap., 1 Mona. 635- 48, n. (1) (g). Zion Church v. St. Peters, 5 W. & S. 215 229, n. (30) (f). Zion's German Congregation's Ap., 1 Mona. 635 228, n. (24) (x3). Zugsmith v. Rosenblatt, 15 Pa. Super. 296 228, n. (19) (a). 688 INDEX. Aba-Amo INDEX. ABATEMENT. Not to be caused by death of party. 235. ABSENCE OF PAKTIES. Entry of non pros. 208. ABSTRACT OF PROCEEDINGS. Must be printed in paper-book. 190; 191; 192; 193; 194. ACCOUNTING. Appeal in action for. 49. ADMISSION OF ATTORNEYS. See Attorneys. AFFIDAVIT. That appeal was not taken for delay. 132. Filing, time of. 132, n. (2). Form. App. 37-40. Who may make. 132 and n. (1). Sureties on appeal bond, form. 53, Appendix. AFFIDAVIT OF DEFENSE. Appeal from refusal of judgment for insufficient. 50. Refusal of judgment for part of claim. 50 and n. (1). Filing supplemental affidavit after appeal. 50 and n. (6). AFFIRMANCE OF JUDGMENT ON APPEAL. General powers. 228 and n. (1). AGREEMENT; JURISDICTION BY. Superior Court. 112. AGREEMENT OF ATTORNEYS. To be in writing. 227. AGREEMENT OF FACTS. Printing in paper-book. 191. ALLOCATUR. See Special Allocatur. AMENDMENTS. Allowed at any time. 232. What defects are amendable. 232, n. (1). What defects are not amendable. 232, n. (2). Waiver of objection to amendment. 232, n. (3). No reversal for technical defects amendable below. 228, n. (12), (13). AMOUNT IN CONTROVERSY. See Superior Court; Supreme Court. Certificate of. Evidence to determine amount. 117 (C). Filing. 117 (B) and n. (1). Form. App. 34. 689 44 Amount-Ap INDEX. Printing. 190; 192; 195. Criterion for jurisdiction on appeal. 104 (A) ; 105 (A) ; 110 ; 111; 117 (D) and n. (3) -(5). How determined. Claim, amount of. 105, n. (1) ; 111, n. (1) ; 117 (D) and n. (3)-(5). Chattels; cases involving title to. 117 (A). Judgment; amount of. 117 (D) and n. (2). Kealty; cases involving title to. 117 (A) and n. (1). ANSWERS TO POINTS. Must be in writing. 148; 149. Filing of record. 148; 149. Quoting in assignments of error. 186 and n. (1). APPEAL. See Argument; Assignments of Error; Paper-Books; Par- ties ; Review on Appeal ; Superior Court ; Supreme Court. Argument of. See Argument. Assignments of error. See Assignments of Error. Bail. See Bail on Appeal. Certifying important questions to Supreme Court. 124. Consolidation of appeals. 118. Defined. 182, n. (3). Erroneous appeals; certifying to proper court. 120. From Superior Court. 128. Joint and separate appeals. 43, n. (7). Joint appeals; labor claims. 75; 114; 118 (B). Name of proceedings; to be called appeal. 48 (C) ; 182. Paper-books. See Paper-Books. Parties. See Parties. Practice on taking appeal. Entry of appeal Affidavit as to delay, etc. 132. Who may make. 132 and n. (1). Appearance by appellee. 131, n. (1). Bond. See Bail on appeal. Cost of filing. Prothonotary of appellate court. 134 (A). Prothonotary of lower court. 134 (B), (C). Filing of writ and affidavit; time of. 132 and n. (2). Name of proceedings. 130 ; 182. Praecipe; requirements of. 131. Rule to appear and plead. 133. Special allowance; entry after. 131, n. (1) ; 138. Certiorari to secure record. Cost of special writs. 142. Custody of record. 140, n. (2). Filing in lower court necessary to perfect appeal. 140 and n. (3). Necessary in all cases. 140 and n. (1). Prothonotary; duty of, to forward record. 143. 690 INDEX. Appeal Return of record. 140. Remedy for failure to return in full. 141; 146. Special writs to secure whole record. 141; 146. Filing of record in appellate court. Effect of failure to file. 144. Special return days in criminal cases. 145; 218; 219. Time of filing, 143. Perfecting. Certiorari; filing in lower court necessary. 140 and n. (3). Time of; to operate as supersedeas. 167. On appeal from Superior Court. 128 and n. (1). Computing time. 128, n. (1). Prior appeal by adverse party does not affect right. 47. Record. See Record. Review of case. See Review on appeal. Scope of review. 48 (A) and n. (1) ; 182 and n. (3). Second appeal. 43, n. (8). Special allowance of. See Special Allowance. Supersedeas. See Supersedeas. Tax on appeal not allowed. 139. Time tor taking. Appeal from lower courts. 126. Appeal after expiration of time. 126, n. (1). Computation of time. 126, n. (3) ; 128, n. (1) ; 129. Effect of subsequent proceedings. 126, n. (4). Entry of judgment. 126, n. (5). Exemption not allowed. 127. Extension of time. 127, n. (1). Premature appeals. 126, n. (6). Superior Court ; appeal from. 128. Under special acts. 49, n. (3) ; 56, n. (8) ; 80, n. (3) ; 97 n. (1);100, n. (i). To what court appeal lies. See Supreme Court ; Superior Court. Waiver of appeal. 43, n. (9) ; 51, n. (2). When allowed. Generally. 48 (A) and n. (1) ; 182 and n. (3). Adverse party; appeal not precluded by. 47 Constitutional provision. 42 (A). Correction of errors of inferior courts. 42 (B). Criminal cases. Generally. 46 (A) and n. (7). Appeal in all cases. 46 (D). Appeal by commonwealth. 46 (D) and n. (12). Murder and voluntary manslaughter. 46 (B), (C), (E), and n. (9),' (10). Equity cases. Generally. 44 (A). Injunction cases. 44 (B). Question of jurisdiction of equity. 44 (C). 691 Appeal INDEX. Judgments at law. Civil and criminal cases. 43. Orphans' court cases. 45. Eemedial writs. 42 (C). Statutory proceedings. Appeal only where expressly given. 48 (A) and n. (1), (4);182,n. (3). Account. 49. Affidavit of defense; sufficiency of. 50. Arbitration proceedings, 51. Armories; condemnation proceedings. 52. Attachment, Domestic. 62. Attorneys; disbarment proceedings. 53. Auditors' settlements. 54. Banks; fraudulent insolvency. 55. Boroughs. Decree incorporating. 56 (A). Land damage cases. 56 (B)-(K). Municipal liens. 56 (L). Collateral inheritance tax appraisement. 57. Common schools. Assessing damages for school purposes. 58 (A) (C). Assessing damages for library purposes. 58 (B). Corporations. Generally. Abandonment of easement. 59 (C). Forfeiture of franchises. 59 (B). Land damage cases. 59 (A) and n. (1). Particular companies. Boulevard companies. 59, n. (5). Bridge companies, 59, n. (6). Gas companies; proceedings for inefficient ser- vice. 69; 81. Insurance companies; insolvency or fraud. 73. Natural gas companies; laying of pipes. 81 (B). Pipe line companies. Forfeiture and escheat. 86 (B). Land damage cases. 86 (A). Plank road companies. 87. Railroads; land damage cases. 90. Street railways. Page iv. Telegraph companies ; forfeiture and escheat. 95. Toll bridges; condemnation proceedings. 96. Turnpike companies; land damage cases and proceedings to condemn. 100. Water companies; proceedings for inefficient service. 69. Counties. Condemnation proceedings. 60 (C) ; 96 (C). Highways, bridges and tunnels. 60 (B), (C). Public buildings. 60 (A). 692 INDEX. Appeal Divorce. 61. Domestic attachment. 62. Election contests, audits of election expense accounts. 63. Escheat ; proceedings to declare. 64 (B) ; 95. Estates tail; proceedings to bar. 65. Execution proceedings. 6 (A), (B), (C) and n. (1), (2). Feigned issue. 67; 83. Foreign attachment. 68. Ground rent; proceedings to extinguish. 70. Injunctions; granting or refusing special or preliminary. 71. Insolvency; final order in. 72; 73. Judgments; opening, vacating or striking off. 74. Judgments for insufficient affidavit of defense. 50. Judgments n.o.v. 88 (C) and n. (3). Labor claims; joint appeals. 75. Lunatics or habitual drunkards. 76. Mandamus, 77. Mechanics' liens. 78. Municipal liens. 79. Municipalities; benefits and damages, etc. 80; 96; 97. Non-suit; refusing to set aside. 82. Orphans' court sales; refusal of feigned issue. 66 (C) ; 83. Partition. 84. Paupers; removal of. 85. Plank roads ; proceedings relating to. 87. Points reserved. 88. Quo warranto. 86 (B) ; 89; 95; 204, n. (1) (b). Real estate; proceedings to sell or quiet title. 91. Recognizance; forfeited. 92. Reference. 93. Tax assessments. 94. Townships; damages; assessment for highways, sewers and parks. 97. Trial without jury. 98. Trustees; proceedings against. 99. Turnpikes; condemnation of. 100 (B). Weak minded persons ; appointment of guardian. 101. APPEARANCE. By appellee. 133. Form of. App. 56. APPELLEE. Appearance by. 133. Form of. App. 56. Paper-book of; contents. 202. Form of paper-book. App. 58 (K). 693 App-Ass INDEX. APPENDIX. See end of volume. Printing in paper-book. 190 and n. (11); 191; 192; 193; 194. ARBITRATION. Appeal and writ of error from award in. 51. ARGUMENT. Absence of parties; non pros. 208. Agreements of attorneys to be in writing. 227. Argument list; when case shall be placed on. 206; 207. Call of cases. 208. Continuance. 220. Criminal cases in Superior Court. 219. Daily list. 211. Ex parte hearing. 224. General requirements of argument in paper-book. 190; 191; 192; 193; 194; 200; 202. Murder cases; when heard. 218. Order of hearing counsel. 222. Passing case on list. 221. Reargument; practice. 225. Scope of argument. 220, n. (1). Short cause list. 212. Certificate of counsel as to. 214. Form of. App. 60. Objection by opposing counsel. 215. Form of. App. 61. Omitted in Superior Court. 213. Time for hearing. 216. Time allowed for argument. 217. Special cases in Superior Court. 210. Time allowed for argument. General list. 223. Short cause list. 217. Weekly list; assignment of cases. 209; 210. ARGUMENT LIST. See Argument. ARMORIES. Writ of error in condemnation proceedings by. 52. ASSIGNMENTS OF ERROR. Charge, points and answers; quoting. 186 and n. (1) ; pp. 522-3, Ap. Equity cases. Question of remedy at law must be raised by assignment. 184 (A). Only matters excepted to assignable. 184 (B) and n. (2). Evidence; quoting. 187; page 520, Ap., paper-book. Exceptions taken must be shown. 187 and n. (4). Exceptions ; bill of ; must be assigned singly. 185 and n. (4) . Filing in prothonotary's office. Necessity for. 183 and n. (5), 694 INDEX. Ass of Er Exception in case of fundamental error. 183, n. (5) (e). Time of filing. 183 and n. (6). Findings; quoting. 186 and n. (2). Form and contents. 183, n. (2) ; 184, n. (3) ; 198; pp. 520-5, Ap. General assignments not allowed. 185 and n. (2). Points and answers; quoting. 186 and n. (1). Points; must contain only one. 185 and n. (3). Printing in paper-book. 183, n. (1) ; 190; 191; 192; 193; 194; 198; 201. Question; must contain only one. 185 and n. (5). Separate specifications required. 185 and n. (2). Superior Court; appeals from; form of assignment. 188; 201. What may be assigned. 183, n. (3). What may not be assigned. 183, n. (4). Witnesses; names to be given. 187, n. (3). ATTORNEY GENERAL. Action brought by, etc., Appeal. 104;110. ATTORNEYS. Admission to practice in Supreme Court. Age of applicant. 21, n. (2). Attorneys of two years' standing at date of rule. 22. Credentials of applicant. 22, n. (1). Form of. App. 9. Certificate of recommendation. 21; 22, n. (2). Form of. App. 11. Attorneys from other states. Of five years' standing. 29. Form of application. App. 7. Of one year's standing. 30. Of less than one year's standing. 31. Certificate of membership. 32. Form of. App. 17. Endorsement by local authorities. 21, n. (3). Examination. Fees. 25; 26; 32. Final examination. Age of applicant. 26, n. (3). Attorneys from other states. Of five years' standing. 29. Of one year's standing. 30. Form of application. App. 6. Of less than one year's standing. 31. Form of application. App. 10. Certificate of board. 26, n. (6). Form of. App. 11. Credentials. 26, n. (2). Form of. App. 3, 4, 5. How, when and where conducted. 28. Preliminary requirements. 26. Rules governing examination. 26, n. (4), (5), (6). 695 Attorneys INDEX. Students registered at date of rule. 23. Subjects required. 27. Time and place of holding. 26, n. (1) ; 28. Preliminary examination. Scope and requirements. 24. Attorneys from other states. Of one year's standing. 30. Of less than one year's standing. 31. Certificate of qualification for registration; fees. 25 and n. (l)/(2). Form. App. 2. Time for filing. 25, n. (3). Fees. 25. Forms. App. 1. Rules governing examinations. 24, n. (5). Subjects of examination. 24, n. (6). Time and place of holding. 24, n. (4). Practice on admission. 32. Praecipe; form. App. 12. Recommendation of state board required. 21. Registration. 24; 25. Women eligible. 21, n. (1). Admission to practice in Superior Court. Attorneys from other states. 33 (D). Certificate of membership; form. App. 18. Members of Supreme Court. 33 (A). Members of common pleas at date of rule. 33 (B). Other applicants to take state board examination. 33 (C). Practice on admission. 33, n. (2). Praecipe; form of. App. 12-14. Proof of qualifications. 33, n. (1). Agreements by. 156; 227; App. p. 532. Bail : to go bail only by court 's order. 166. Disbarment; effect of, from Supreme Court. 33, n. (3). Appeals in actions to procure. 53. Lie to Supreme Court. 103, n. (1) ; 107. Fees of, as costs in case. 239; 242. Oath of office. 32. Form of. App. 16. Officers of court. J38, n. (1). Remarks of, on trial of case; review. 146, n. (2) (d) ; 228. n. (16) ; p. 521, Ap. AUDITORS. Appeal allowed from report of. 54. Assignments of error to findings. Ap. pp. 537-8. Reference to, by appellate court, in appeals from 0. C. 229. BAIL ON APPEAL. Amount and condition of. Generally. 163, n. (4). Conveyance; directing executions of. 172. Costs; decree for. 176. 696 INDEX. Bail Decree within more than one class. 177. Injunction; decree granting. 173. Time for determination where injunction is made per- manent. 173, n. (2). Money; directing payment of. 169. Personal property ; directing delivery of. 170. Realty; judgment involving title to. 174. Trustee; decree removing. 175. Entry of. Approval by prothonotary. 163. Approval by court when necessary. 164. Additional bail on appeal from Superior Court. 165. Fixing amount in orphans ' court ; form. 55, Appendix. Time of, to effect supersedeas. 167. Where entered. 163. Form of. App. 52; 54. Sureties. Affidavit of. App. 53. Liability of. 163, n. (3) ; 169, n. (2). Who may not become. 166. When required. To effect supersedeas, except in certain cases. 168. To secure release of lien of judgment on taking appeal. 238 (B). When not required. Eminent domain proceedings. 174, n. (1). Municipality; appeal by. 168. Prior bond ; entry of. 168. Representative capacity; appeal in. 168 and n. (2). State officer; appeal from settlement of account of. 168. Where supersedeas is not desired. 168. BANKS. Appeal in fraudulent insolvency proceedings. 55. BILL OF EXCEPTIONS. See Exceptions. Allowance by trial judge unnecessary. 162. Contents of bill. 161, n. (5). Form. 31, Appendix. Necessity for taking. 161, n. (1) ; 162. Sealing. Inability of judge to seal. 161, n. (9). Remedy for refusal to seal. 161, n. (4) ; 161, n. (8). Form of petition to compel. ^ App. 32 ; 49. Form of writ directing sealing. App. 33. Time for sealing and settling. 161, n. (7). Unnecessary under late act. 162. When to be taken. Civil cases. 161 and n. (3). Criminal cases. 151; 161, n. (2). When bill cannot be taken. 161, n. (4). 697 Bind-Cert INDEX. BINDING INSTRUCTIONS. Appeal where point requesting has been affirmed or declined. 88 (C). Review on appeal. 228, n. (23). BOARD OF LAW EXAMINERS. Creation of; term of office; duties, etc. 20. BOND. See Bail. BOROUGHS. Appeal from proceedings by and against. Decree incorporating. 56 (A). Land damage cases. 56 (B)-(K). Municipal liens. 56 (L). BOULEVARD COMPANIES. Appeals. 59, n. (5). BRIDGE COMPANIES. Forfeiture of franchises; bridges excepted. 59 (B), n. (6). Land damages. 56 (I); 80 (A), (B). BRIEF OF ARGUMENT. Citation of authorities. 200; Appendix, page 527. Contents of. 199. Paper-book of appellee. '202; Appendix, 58 (K). Printing in paper-book required. 190; 191; 192; 193; 194. CALL OF CASES. See Argument. CAPITAL CASES. See Criminal cases. CASE STATED. Paper-books in appeal from judgment on. 191; Ap., 58 (C). CERTIFICATE. See also Attorneys, for certificates as to character, qualifications for admission, etc. Of admission to Superior Court; form. App. 18. Of admission to Supreme Court; form. App. 17. Of amount in controversy. Cases involving title to realty. 117 (A) and n. (1). Evidence to determine amount. 117 (C). Filing. 117 (B) and n. (1). Form. App. 34. Printing in appellant's paper-book. 190; 192; 195. Of importance of question involved, to obtain appeal from Su- perior Court. 124. As to whether appeal affects entire report of viewers. 118 (C). Of stenographer to notes of testimony. 155; Ap., p. 533. Of judge to notes of testimony. 155; Ap. p. 533. Of counsel that case will be a short cause. 214. For form, see App. 60. Of counsel that case will not be a short one; form of. 215; App. 61. 698 INDEX. Cert-Corn Of counsel that cases cited are not in State Reports; form of. Appendix, 59 ; also at page 527. Certifying appeal to other courts. Appeals to different courts from same report of viewers. 118 (A), (B). Appeals taken to wrong court. 118 (D) ; 120. When same question is involved in Supreme Court. 119. When questions involved are difficult or important. 124. Cost of. 115. CERTIORAKI. Denned. 182, n. (4). Form of. App. 41-48. Praecipe for; form. App. 35; 36. Scope of review. 48 (B) and n. (2); 182, n. (4). To be called appeal. 48 (C) ; 130; 182. To secure record on appeal. See Appeals. When allowed. Generally. 42; 48, n. (2) ; 182, n. (4). Criminal cases. 46 and n. (5). Habeas corpus; bringing up record. 37, n. (2). Review of writ to justice or magistrate. 111, n. (2). Statutory proceedings, to test regularity. 48 (B) and n. (2). Turnpikes, proceedings to condemn. 100 (B),(D) and n. (2). CHARGE OF COURT. Exceptions to. 147, n. (4); 148, n. (2). Time and manner of taking. 162. Printing in paper-book. 190 and n. (8) ; Ap., pp. 515-17. Quoting in assignments of error. 186 and n. (1) ; Ap., pp. 522-3. Review of, on appeal. 228, n. (19) -(20). Writing and filing. 147; 148; 149. CHIEF JUSTICE. How chosen. 3 (A), (B). Duties in contest of election of governor. 3 (C). Salary. 3, n. (1). CITATION OF AUTHORITIES. General rules governing citation in paper-books. 200; Ap. p. 527. CLAIM, AMOUNT OF. See Amount in Controversy. CLERICAL ERRORS. Review by appellate court. 228, n. (12), (28). COLLATERAL INHERITANCE TAX. Appeal allowed from appraisement. 57. COMMON PLEAS. Appeal from. Generally. 42; 43; 44. 699 Com-Corp INDEX. Special statutes. 48 to 101. To Supreme Court. 104. To Superior Court. 110. Testimony; notes of, to be taken. 153. COMMON SCHOOLS. Appeal in condemnation proceedings. For school purposes. 58 (A), (C). For library purposes. 58 (B). COMMONWEALTH. See also Attorney General. Appeal by. Collateral inheritance tax assessments. 57, n. (1). Criminal cases. 46 (D) and n. (12). Exceptions lay, in criminal cases. 151 and n. (3). COMPENSATION. Clerk of Supreme Court prothonotary. 8, n. (2). Crier. Superior Court. 17 (B). Supreme Court. 8 (B). Deputy prothonotary. 8, n. (2). Prothonotary. 8, n. (3). Reporter. 9, n. (2) ; 18. Superior Court judges. 15. Supreme Court judges, 6. Tipstaves. Superior Court. 17 (B). Supreme Court. 8 (B). CONSOLIDATION OF APPEALS. 118. CONSTITUTIONAL QUESTION. Page iv; 121; Ap., 27. CONTINUANCE. Allowed for cause only. 220. Passing case on list. 221. Withdrawing juror, etc. Pp. 521-2; 146, n. (2) (d). CONVEYANCE. Decree directing execution of; appeal from; supersedeas. 172. CORPORATIONS; appeals in proceedings by or against. Generally. Abandonment of easement. 59 (C). Forfeiture of franchises. 59 (B). Land damage cases. 59 (A). Particular companies. Boulevard companies. 59, n. (5). Bridge companies. 59, n. (6). Gas companies; impurity or deficiency of water. 69; 81. Insurance companies; insolvency or fraud. 73. Natural gas companies. 81 (B). Pipe line companies. 86. Plank road companies. 87. Railroad companies; land damage proceedings. 90. 700 INDEX. Corp-Crim Street railways ; land damages. Page iv. Telegraph companies; forfeiture and escheat. 95. Toll bridges; condemnation of. 96. Turnpike companies. 100. Water companies. 69. COSTS. Collection of; power of appellate court to enforce. 11 (C) ; 42 (D). Decree for. Appeal from; when supersedeas. 176. Payment of. By county in pauper case. 239 (B). Party finally losing case. 228 (C) ; 239 (A) and n.(2) ; 240. Where cause in equity is transferred to law side of court. 228 (C). Where court orders part of evidence omitted. 156. Special order as to payment. 239 and n. (3). Recovery of. Power of Supreme Court to direct. 38 (C) ; 42 (D). Special orders in certain cases. 239, n. (3). Security for, on appeal. See Bail on Appeal ; Supersedeas. What included. Attorney's fee. 239 (A). Attorney 's fee as penalty for taking appeal for delay. 242. Certifying case to Supreme Court from Superior Court. 115. Costs incurred below. 239, n. (4). Paper-books; printing. 156; 240. Penalty for taking appeal for delay; attorney's fee, dam- ages and interest. 242. Petition for allowance of special allocatur. 137. Prothonotaries' fees. Prothonotary of appellate court. 134 (A); 137; 142; 239 (A) ; 241. Prothonotary of lower court. 134 (B) ; 239 (A). Prothonotary of lower court in Phila. county. 134 (C). Special writs and petitions. 137; 142; 241. Transcript of testimony. 158; 159; 160. When allowed. 239, n. (1). COUNTIES. Appeal and writ of error in condemnation proceedings by. 60; 96 (B). COURT CRIER. Appointment; salary. 8 (B). CRIMINAL CASES. Argument; when heard. 218; 219. Costs; payment by county in certain cases. 239 (B). Defendant; appeal by, in all cases, is of right. 46 (A), (B), (D), (E) and n. (9) and (11). 701 Crim-Disc INDEX. Exceptions to charge; answers to points. 149. Exceptions to evidence. 151. New trial nunc pro tune in murder cases. 226. Notice of appeal to governor in capital cases. 46, n. (9) (d). Paper-book; service of. 203 (B). Form of. Ap. 58 (G). Return days; special. 145; 218; 219. Review of law and evidence in capital cases. 46 (C) ; 230. Supersedeas; special allocatur necessary. 179 and n. (2). Petition for allowance; form and practice. 180; 181. Testimony, notes of, to be taken. 153. CRIMINAL COURTS. Power of Supreme Court justice to hold. 35 (A) and n. (1). DAILY LIST. See Argument. DAMAGES. See also Land Damages. As costs for taking appeal for delay. 242. Awarded by Supreme Court in mandamus proceedings. 38 (C). DEATH OF PARTY. Survival of action in case of. 43, n. (10) ; 235. Substitution of party. 131; Ap. 57; p. 507. DECISION OF COURT. Exceptions to, unnecessary. 162 (B). DECREE. (See also Judgments.) Exceptions to, unnecessary. 162 (B). Final decree in equity case. 44, n. (5). Final decree in orphans' court. 45, n. (2). Formal decree necessary to appeal. 44, n. (3). Interlocutory decree in equity case. 44, n. (6). Interlocutory decree in orphans' court. 45, n. (3). Printing in paper-book. 193. Form of book, p. 536. Pro forma decree insufficient. 44, n. (4). DEPUTY PROTHONOTARY. Appointment; salary. 8, n. (2). DIMINUTION OF RECORD. Certiorari; form of. App. 50; 51. Petition; form of. App. 49. When record is incomplete. 141. DISBARMENT. Appeal in proceedings to secure. 53. Appeal from, lies to Supreme Court. 103, n. (1) ; 107. Effect of disbarment by Supreme Court. 33, n. (3). DISCONTINUANCE. Form. 62, Appendix. When allowed. 236. DISCRETION OF LOWER COURT. Review on appeal. Attorneys; proceedings against. 53, n. (2). 702 INDEX. Disc-Eq Divorce proceedings. 61, n. (2) (d). Execution proceedings; refusal of issue. 66, n. (1). Injunction proceedings. 71, n. (1). Judgments; opening; vacating on striking off, or refusing same. 74, n. (1) (s). Miscellaneous matters. 228, n. (24). Non-suit; granting or refusing. 82, n. (1) ; 228, n. (24) (12). DISTRICTS. Supreme Court. 7 and n. (1), (3); App. 20-21. Superior Court. 16; App. 22. DIVORCE. Appeal from decree allowed. 61; 182, n. (3) (d). Appeal lies to Superior Court. 113. Review of evidence by appellate court. 61, n. (2) ; 228, n. (18) (b2)-(e2). DOCKET ENTRIES. Printing in paper-book. 190 and n. (3) ; 191; 192; Ap. pp. 535-7. DOCUMENTARY EVIDENCE. Must be copied in assignments of error. 187 and n. (2). Printing in paper-book. 192; 193; Ap. p. 521. DOMESTIC ATTACHMENT. Appeal from decree allowed. 62. DRAWINGS AND PLANS. Printing in paper-book. 192; 193. ELECTION CONTESTS. Appeal from proceedings where judiciary is involved. 63 (B), (C), (D). Supersedeas in, pending appeal; special allocatur necessary. 179. Judicial office. 2, n. (6). Duty of chief justice of Supreme court in case of contested elec- tion of governor. 3 (C). ELECTIONS. See Election Contests. Appeal from audit of expense accounts and in case of contest. 63 (A). Supreme Court judges. Contested elections. 63 (B), (C), (D). Limited vote. 2 (B). Qualifications of electors. 2 (A) and n. (1). Time of holding elections. 2 (A) and n. (7). Vacancies. 4. EQUITY. Assignments of error in equity cases. 184. Exception to evidence required. 150, n. (2). Final decree; appeal from. 44 (A). Final decrees; what are. 44, n. (5). 703 Equity INDEX. Findings must be filed. 150. Interlocutory decrees; what are. 44, n. (6). Jurisdiction; appeal from question as to. 44 (C). Paper-books in appeals in. 193. Forms of. Ap. 58 (D). Remedy at law; review of question of. 228 (C). Special injunction; appeal from granting or refusing. 44 (B) ; 71. EQUITY RULES. Equity rules established. 11 (B), (D) and n. (4); 42, n. (1) (f). Supreme Court Rules binding in Superior Court. 19; 213, n. (1). ESCHEATS. Appeal or writ of error in proceedings to declare. 64. ESTATES TAIL. Appeal or writ of error in proceedings to bar. 65. ESTOPPEL. When estoppel arises. 228, n. (31). EVIDENCE. See Bill of Exceptions; Exceptions. Printing as costs in case. 156; 240. Printing in paper-book. 156; 190 and n. (12), (13) ; 191; 192; 193 and n. (3) ; 198 and n. (1) ; Ap. pp. 520-1, 529-33. Agreement as to omission of evidence. 156; Ap. p. 532. Quoting in assignments of error. 187 and n. (1) ; Ap. pp. 519-21. Bill of exceptions to be quoted. 187, n.(4) (f ) ; Ap. pp. 519-21. Documentary evidence to be printed. 187, n. (2). Names of witnesses must be given. 187, n. (3). Review of, by appellate court. 228, n. (18), (21), (25), (26). Review of, in capital cases. 46 (C) ; 230. Stenographic notes of. Certificate of trial judge. 155. Certificate of stenographer. 155. Common pleas and criminal courts. 153. Correcting notes; power of court. 155, n. (2). Cost of transcript; by whom payable. 158; 159; 160. Daily transcript may be required. 157. Filing notes when transcript not required. 158. Filing of transcript; certification; practice. 155. Hearing before examiner, etc., 160. Orphans' court. 152. When transcript to be made. 154; 160. EX PARTE HEARING. When allowed. 224. EXAMINER; transcript of testimony taken before. 160. EXCEPTIONS. (See Bill of Exceptions.) Allowance by court unnecessary. 162. Assignment of error must show. 187 and n. (4). INDEX. Exceptions Assignment for error must be made singly. 185. Commonwealth; right of, to take. 46 (D) and n. (12); 151 and n. (3). Defendant in criminal case. 46. Formal bill not required. 162. Necessary for review of case on appeal. 228, n. (10), (11). Necessary to assign matters for error. 184 (B). Printing in paper-book. 193; 194; Ap. pp. 516, 519-25. Time for taking. 161, n. (6) ; 162. Time for filing; trial by court without jury. 98 (B) and n. (2);161,n. (7). ' When required. Generally. 161, n. (3). Affidavit of defense; refusing judgment for insufficiency. 50 (A) and n. (2). Additional exception ; refusing leave to file. 161, n. (3) (n). Amendment to statement; refusal to allow. 161, n. (3) (j). Answers of court to question of juror. 161, n. (3) (r). Attachment proceedings. 161, n. (3) (m). Auditors; exceptions on appeals from reports of. 54 (B) and n. (3). Binding instructions; refusal of. 161, n. (3) (g). Change of venue; refusal to grant. 161, n. (3) (i). Charge and opinion of court. 147, n. (4) ; 148, n. (2) ; 161 (C). Criminal cases. 46; 151; 161, n. (1). Equity cases. 184 (B) and n. (2). Evidence, admission or rejection of. 151; 161 and n. (1), (3); 228, n. (10), (11) Findings in case of trial without jury. 98 (B) and n. (1), (2). Findings in equity cases. 150, n. (2). Jury; occurrences during deliberations of. 161, n. (3) (s). Jury, remarks before. 146, n. (2) (d) ; 228, n. (16). New trial; refusal of. 161, n. (3) (h). Non-suit; refusal to take off. 82, n. (2). Points reserved; judgment on. 88, n. (1). Reference under Act 1874. 93 and n. (1). Remarks of counsel. 146, n. (2) (d) ; 228, n. (16). Remarks of judge to counsel. 161, n. (3) (p). Removal order; appeal from. 85, n. (2). Statement; sending out with jury. 161, n. (3) (q). Trustees, actions against. 99, n. (2). Verdict, time and place of rendering. 161, n. (3) (t). When not required. Decision of court appearing on record. 162 (B). Fundamental errors appearing on record. 228, n. (11) (e). Judgment for insufficient affidavit of defense; making rule absolute. 50, n. (2) (c). When not allowed. 161, n. (4). 705 45 Exces-Form INDEX. EXCESSIVE VERDICT, review of. 228, n. (9). EXECUTION. Appeal and writ of error allowed in proceedings. 66. Joint appeals not allowed. 66, n. (5). EXEMPTION. From requirement as to time for appeal. 127. FEES. See Costs. Prothonotary of appellate court. 134 (A); 137; 142. Prothonotary of lower court. 134 (B), (C). Prothonotary in Philadelphia county. 134 (C). State board of law examiners. 25. FEIGNED ISSUE. Appeal from judgment in. 67. Appeal from refusal of. 66 (C). Review on appeal. 67, n. (1). FILING. Affidavit of, no delay. 132. Time of filing. 132, n. (2). Assignments of error; necessity for; 183 and n. (5). Time for filing. 183 and n. (6). Certificate of amount in controversy. 117 (B). Certificate of judge and stenographer as to notes. 155. Certiorari in court below. 140. Charge of court. 147; 148; 149. Daily transcript of notes. 157. Findings in equity cases. 150. Notes of testimony, when transcript is not required. 158. Opinion of court. 9, n. (6) ; 147. Paper-books. 9, n. (6.) Record in appellate court. 141; 144; 146. Transcript of notes of testimony. 155; 156. FINAL JUDGMENTS. Necessity for. 43, n. (1) ; 46, n. (1) ; 54, n. (2) ; 90, n. (1). What are. 43, n. (1), (2) ; 46, n. (2) ; 78, n. (2. FINDINGS. Exceptions to; when required. Equity cases. 150, n. (2). Trial without jury. 98 (B) and n. (1), (2). Filing as part of record ; equity cases. 150. Printing in paper-book. 192; 193; Ap. 58 (B), (D), (E). Quoting in assignments of error. 186 and n. (2). Review of, on appeal. 228, n. (18) ; 229. FOREIGN ATTACHMENT. Appeal from judgment in. 68. FORM OF ACTION. Statement in paper-book. 190; 191; 192; Ap. pp. 511-12. 706 INDEX. Forms FORMS. Affidavit of sureties; approval by court. App. 53. Affidavit on appeal. App. 37-40. Amount in controversy; certificate of. App. 34. Appeal; petition for special allowance of, from Superior Court. App. 27. Appearance ; order for. App. 56. Attorneys. Admission to practice. Attorney admitted to practice in common pleas. App. 9- Attorney of five years' standing in another state. App. 7. Certificate; Superior Court. App. 18. Certificate; Supreme Court. App. 17. Certificate of recommendation from state board. App. 11- Praecipe; Superior Court. App. 13-15. Supreme Court. App. 12. Admission to practice in other state; certificate recommend- ing. App. 19. Examination, final. Application by attorney from another state. App. 10. Application by attorney of one year's standing in an- other state. App. 6. Application by law office student. App. 4. Application by the law school student. App. 3. Application by one who has studied partly in law office and partly in law school. App. 5. Application by student registered prior to January, 1903. 23; App. 8. Examination, preliminary; application for. App. 1. Oath of. App. 16. Registration, certificate recommending. App. 2. Bail. Ap. 52; 54. Bill of exceptions. App. 31. Petition to compel sealing of. App. 32. Writ directing sealing of. App. 33 ; 49. Bond for appeal. Common pleas. App. 52. Orphans' court. App. 54. Certificate. Of admission to Superior Court. App. 18. Of admission to Supreme Court. App. 17. Of amount in controversy. App. 34. Of character of applicant for final examination. App. 3; 6; 8; 10. Of character of member of common pleas applying for ad- mission to Supreme Court. App. 9. Of counsel that cases cited are not in State Reports. App. 59. 707 Forms INDEX. Of counsel that case is not a short one. App. 61. Of judge and stenographer as to record. App. p. 533. Of good moral character of applicants for preliminary exami- nation. App. 1. Of character of attorney from another state. App. 7. Of Supreme Court recommending admission to bar of another state. App. 19. Of state board, recommending admission. App. 11. Of state board recommending registration. App. 2. Certiorari; for record. App. 41-48. Praecipe for. App. 35-36. Diminution of record. Certiorari. App. 50; 51. Petition. App. 49. Discontinuance; order of. App. 62. Districts, terms and return days; Superior Court. App. 22. Districts, terms and return days; Supreme Court. App. 20; 21. Exceptions. Bill of. App. 31. Petition to compel sealing. App. 32. Writ directing sealing. App. 33; 49. Habeas corpus. Petition for. App. 26. Jurisdiction of Superior Court; objection to. App. 28. Mandamus; petition for. App. 25. Motion to quash. App. 65. New trial nunc pro tune; petition for rule for. App. 69. Non pros ; petition for rule to take off. App. 66. Objection to jurisdiction of Superior Court. App. 28. Paper-books. See Paper-Books and "Table of Contents Appen- dix" at beginning of Vol. 58 Ap. (A)-(K). Parties; substitution of. App. 57. Penalty for taking appeal for delay; petition for. App. 63. Rule for. App. 64. Petition. Diminution of record. Certiorari; Superior Court. App. 51. Certiorari; Supreme Court. App. 50. Petition and decree. App. 49. Habeas corpus. App. 26. Mandamus. App. 25. New trial nunc pro tune; rule for. App. 69. Penalty for taking appeal for delay; rule to impose. App. 63, Quo warranto. App. 24. Eeargument. App. 67. Special allowance of appeal from Superior Court. App. 27. Special allowance of supersedeas. App. 30. To certify case to Supreme Court. App. 29. To compel sealing of exceptions. App. 32; 49. 708 INDEX. Forms-Hear Praecipe. Admission. To Superior Court. App. 13-15. To Supreme Court. App. 12. Certiorari. Superior Court. App. 36. Supreme Court. App. 35. Quashing appeal; motion for. App. 65. Quo warranto; petition for. App. 23. Affidavit accompanying. App. 24. Reargument; order and rule on petition for. App. 68. Petition for. App. 67. Remittitur. Superior Court. App. 71. Supreme Court. App. 70. Return days. Superior Court. App. 22. Supreme Court. App. 21. Security; fixing amount of. App. 55. Short list; certificate to remove case from. App. 61. Order to put case on. App. 60. Special allowance of appeal from Superior Court; petition. App. 27. Special allowance of supersedeas ; petition for. App. 30. Supersedeas; petition for special allowance of. App. 30. Terms and return days. Superior Court. App. 22. Supreme Court. App. 20; 21. GAS COMPANIES. See Natural Gas Companies. Appeal in proceedings against. 69. GROUND RENT. Appeal in proceedings to extinguish. 70. HABEAS CORPUS. Hearing. 37, n. (2). Petition for; certiorari. 37, n. (2). Form of. 26, Appendix. Superior Court; original jurisdiction of. 41. Superior Court; when writ cannot issue from. 111, n. (3). Supreme Court; original jurisdiction of. 37; 42 (C). HARMLESS ERROR. Review by appellate court. 228, n. (25)-(29). HEARING. See Argument; Review on Appeal. Account; preliminary liability to. 49 (A). Habeas corpus. 37, n. (2). Injunction proceedings; may be heard in any district. 71. Mandamus to lower courts. 38 (B), (C). Rule for new trial in murder cases. 226. 709 Hist-Judg INDEX. HISTORY OF CASE. Form and contents. 197. Must be printed in paper-book. 190; 191; 192; 193; 202. INDEX OF PAPER-BOOK. 189; Ap. pp. 508-10. INJUNCTIONS. Appeal from decree on application for. 44 (B) ; 71. Decree granting; appeal; when supersedeas. 173. Original jurisdiction of Supreme Court. 35; 36. Review on appeal. 71, n. (1). INSOLVENCY. Appeal from final order in. 72 ; 73. INSTRUCTIONS. See Charge; Points and Answers. Answer to request for. 228, n. (22). Binding instructions; review. 228, n. (23). Particular instructions; failure to make request. 228, n. (19). INSURANCE COMPANIES. Appeal from proceedings for insolvency or fraud. 73. INTEREST. See also Parties. As costs for taking appeal for delay. 242. INTERLOCUTORY. Decrees; what are. 44, n. (6); 45, n. (3). Judgments; what are. 43, n. (3) ; 46, n. (3). Orders; petition for; practice. 180; 181. ISSUE. Statement of, in paper-book. 190; 191; 192; Ap. p. 511. JOINT ACTIONS. Husband and wife; appeal from judgments. 106. JOINT APPEALS. Generally. 43, n. (7). Auditors' settlements. 54 (A). Boroughs, incorporation of. 56 (A) and n. (4) (a). Execution proceedings. 66, n. (5). Labor claims. 75; 114. Viewers, report of. 56, n. (6) (d) ; 118 (B). JUDGES. See Bill of Exceptions ; Supreme Court ; Superior Court. Certificate to notes of testimony. 155 ; Ap. p. 533. JUDGMENTS. See Decrees. Amount of. See Amount in Controversy. Appeal from, in proceedings to open, vacate or strike off. 74. Entry of, required before appeal. 126, n. (5). Entry of, on affirmance. 50 (B) ; 228 and n. (1). Entry of, on reversal. 228 and n. (3). Final. Necessity for. 43, n. (1) ; 46, n. (1) ; 54, n. (2) ; 90, n. (1). What judgments are final. 43, n. (1) and n. (2) ; 46, n. (2); 78, n. (2). 710 INDEX. Judgt-Mech Interlocutory. What judgments are interlocutory. 43, n. (3); 46, n. (3). Lien of. 238 (A). Release of lien on taking appeal. 238 (B). Noting in minute book and entry by prothonotary. 237. Printing in paper-book. 190 and n. (5); 191; 192; 193. Part of claim; refusal of. 50, n. (1). Review of; by appellate court. 228. Affirmance on appeal. 228 and n. (1). Modification of, on appeal. 228 and n. (4), (5). Reversal, on appeal. 228 and n. (2). JUDGMENT NON OBSTANTE VEREDICTO. Appeal from judgment on. 88 (C). JUDICIAL POWER. See Supreme Court; Superior Court. How vested. 1 (A). Uniformity required. 1 (B) and n. (3). JURISDICTION. See Certiorari; Supreme Court; Superior Court. Review of question as to; in equity case. 44 (C). Review to ascertain. 48 (B) and n. (2) ; 85, n. (1) (e) ; 183, n. (2) (r), n. (3) (c), (5) (e) ; 228, n. (11) (e) and (f). LABOR CLAIMS. Appeal to Superior Court. 114. Hearing. 75. Joint appeals allowed. 75. LAND DAMAGES. Appeal from proceedings to assess. 48 (A) ; see also appropriate headings for particular acts giving right to appeal in special proceedings. LIEN. Judgment of appellate courts. 238. Release of, on taking appeal. 238 (B). LOCAL LAWS PROHIBITED. 1 (C). LUNACY. Proceedings to determine question and for maintenance. 76. MANDAMUS. Appeal from lower court allowed. 77. Certifying to other district. 38 (B). Damages and costs; disposition of. 38 (C). Hearing. 38 (C). Petition for ; form. App. 25. Supersedeas; special allocatur necessary. 179. Supreme Court; appellate jurisdiction. 104, n. (1) (a), (b) ; 110, n. (5). Supreme Court; original jurisdiction. 38 (A) and n. (1). MECHANICS' LIENS. Appeal allowed in proceedings. 78. 711 Mod-Opin INDEX. MODIFICATION OF JUDGMENT. Extent of power. 74; 228, n. (4), (5); n. (24) (z3). MUNICIPAL LIENS. Appeal allowed in proceedings. 79. MUNICIPALITIES. Appeal from assessment of benefits and damages. 80; 96. MONEY JUDGMENT. When appeal from is supersedeas. 169. MURDER CASES. See Criminal Cases. Appeal matter of right. 46 (A), (B), (D), (E) and n. (9), (10) Exceptions allowed. 46 (B), (D). Return day of appeal. 218. Review by Supreme Court. 46 (C) and n. (10) ; 230. Rule for new trial in. 226. NATURAL GAS COMPANIES. See Gas Companies. Appeal in condemnation proceedings. 81 (A). Character of pipes and manner of laying. 81 (B). NEW TRIAL. Power of appellate court to grant. 228 and n. (8), (9). Petition for nunc pro tune in murder case. 226. Form of. App. 69. NON OBSTANTE VEREDICTO. Appeal from judgment. 88 (C). NON PROS. Argument; absence of counsel at. 208. Argument; failing to answer daily list. 211. Assignments of error; failure to file. 183 and n. (5). Prosecution; want of. 234. Record; failure to return. 144 (A). Rule to take off. 225, n. (2). Form of petition for rule. App. 66. NON SUIT. Appeal from refusal to set aside. 82. Assignments of error; failure to file. 183, n. (5) (c). Non-compliance with rules of court. 205. NOTES OF TESTIMONY. See Evidence. NOTICE. Supersedeas; application for. 180. Written notice required in all cases. 227. OFFICERS. See Supreme Court; Superior Court. OPINION OF COURT. See Charge of Court ; Paper-Book. Certifying copy of opinion of appellate court to lower court. 244. Duty of Supreme Court to file opinion. 9, n. (6). 712 INDEX. Opin-Paper-Books , Exceptions to opinion necessary. 147, n. (4); 148, n. (2). Reasons for opinion. 147, n. (3). Writing and filing on request of parties. 147. ORPHANS' COURT. Appeal from allowed. 45. Appeal from refusal of feigned issue. |6# (C) ; 83. Appeal from, to Supreme Court. 105. r Appeal from, to Superior Court. 111. .^ Final decree necessary. 45 and n. (2). *^ What decrees are final. 45, n. (2). What decrees are interlocutory. 45, n. (3). Paper-books in appeal from. 193. Form. Ap. pp. 537-8. Testimony; notes of, to be taken. 152. Review of appeals from; scope of. 229. OYER AND TERMINER. Appeal from, generally. 46. Appeal from, to Supreme Court. 103. Appeal from, to Superior Court. 109. Appeal a matter of right. 46. Testimony; notes of, to be taken on request. 153. PAPER-BOOKS. For Forms, see "Table of Contents Appendix" at beginning of Vol. Ap. 58 (A)-(K). Cases; only one permitted in paper-book. 205, n. (2). Citation of authorities. 200. Contents. Abstract of proceedings. Criminal cases. 194. Equity cases. 193. Orphans' court cases. 193. Verdict; judgment on. 190. Verdict on case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Agreement of facts. Case stated; judgment on. 191. Appellee's book. 202; Ap. 58 (K) ; p. 540. Appendix. For forms, see Ap. pp. 528-33. Criminal cases. 194. Equity cases, 193. Orphans' court cases. 193. Verdict; judgment on. 190 and n. (11). Verdict on case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Argument. For forms, see Ap. pp. 525-7. Appellee's paper-book. 202; Ap. pp. 540-1. Authorities; citation of. 200. Case stated ; judgment on. 191. Criminal cases. 194. 713 Paper-Books INDEX. Equity cases. 193. . General contents, 199. Orphans' court cases. 193. Page of paper-book; reference to. 199. Verdict; judgment on. 190. Verdict or case stated; judgment not founded. 192. Assignments of error. Case stated. 191. Criminal cases. 194. Equity cases. 193. General form and requirements. 198; Ap. pp. 519-25. Orphans' court cases. 193. Superior Court; appeal from. 201. Verdict; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Certificate of amount in controversy. Printing. 195. Form. Ap. p. 512. Verdict; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Charge of court. For forms, see Ap. pp. 515-17. Verdict; judgment on. 190 and n. (8). Docket entries. Verdict; judgment on. 190 and n. (3). Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Evidence. Admission or rejection; assignment of, for error. 198 and n. (1). Documentary evidence. 192; 193. Equity cases. 193 and n. (3). Orphans' court cases. 193. Verdict; judgment on. 190 and n. (12), (13). Verdict; judgment not founded on, or on case stated. 192. Cases not specifically provided for. 191. Exceptions taken. In criminal cases. 194. In equity cases. 193. Findings of fact and law. Equity cases. 193. Orphans' court cases. 193. Verdict or case stated; judgment not founded on. 192. Form of action. Verdict; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. History of case. Appellee's paper-book. 202. Equity cases. 193. General form and contents. 197. 714 INDEX. Paper-Books Orphans' court cases. 193. Verdict ; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Issue. Verdict; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Judgment or decree. Equity cases. 193. Orphans' court cases. 193. Verdict; judgment on. 190 and n. (5). Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Names of parties. For forms, see Ap. p. 511. Equity cases. 193. Orphans' court cases. 193. Verdict; judgment on. 190 and n. (1). Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Opinion of court. Case stated. 191. Criminal cases. 194. Equity cases. 193. Printing in paper-book. 190 and n. (15); 191; 192; 193; 194; 201. Orphans' court cases. 193. Superior Court; appeal from. 201. Verdict; judgment on. 190 and n. (15). Verdict or case stated; judgment not founded on. 192. Plans and drawings. 192; 193. Pleadings. Equity cases. 193. Orphans' court cases. 193. Verdict; judgment on. 190 and n. (14). Cases not specifically provided for. 191. Points submitted. Verdict; judgment on. 190. Verdict or case stated ; judgment not founded on. 192. Cases not specifically provided for. 191. Keport of referee, auditor, etc. Equity cases. 193 and n. (1). Orphans' court cases. 193. Verdict or case stated; judgment not founded on. 192 and n. (3). Statement of question involved. For forms, see Ap. pp. 513-15. Appellee's paper-book. 202. Case stated. 191. Criminal cases. 194. Equity cases. 193. 715 Paper-Books-Parties INDEX. General form and requirements of statement. 196. Orphans' court cases. 193. Superior Court. 201. Verdict; judgment on. 190. Verdict or case stated; judgment not founded on. 192. Cases not specifically provided for. 191. Verdict. Judgment on. 190 and n. (4). Judgment not founded on verdict or case stated. 192. Cases not specifically provided for. 191. Cover. 189. Drawings. 189. Form. App. 58. Index. 189 ; 202. Form. Ap. pp. 508-10. Margin. 189. Number of cases in single paper-book. 205, n. (2). Number of copies required. 203. Pages; reference to, where matter may be found. 198; 199. Paging and top marginal notes. 189; Ap. p. 505. Plans and drawings; size of. 189. Printing evidence; agreement as to omission of testimony. 156. Printing as costs in case. 156; 240. Service of copies. 203; 204. Size and cover. 189. Suppression of, for non-compliance with rules. 205. PAKTIES TO APPEAL. Adverse party; prior appeal by. 47. Appeal by both parties allowed. 47. Death of party. 43, n. (10) ; 131. Joint appeals. 43, n. (7) ; 54 (A) and n. (4) (a) ; 56 (A) and n. (3) ; 66, n. (4) ; 75; 114; 118 (B). Joint and several appeals. 43, n. (7). Names of parties in paper-books. 190 and n. (1); 191; 192; 193; Ap. pp. 511-12. Names of parties in praecipe. 131. Persons aggrieved by judgment or decree. 43 and n. (7)-(10) ; 45. Substitution of; form. App. 57. Who are proper parties. Abutting owners. 43, n. (5) (a) ; 80, n. (7). Assignees. 43, n. (5) (b)-(d). Attaching creditor. 43, n. (5) (f). Candidate for office. 63 (C). City. 43, n. (5) (e). Claimant of fund. 43, n. (5) (f), (g). Commonwealth. 46 (D) and n. (12) ; 57, n. (1) ; 64. Defendant in attachment execution. 43, n. (5) (h). Defendant in criminal cases. 46. Executor or administrator. 43, n. (5) (i)-(k) ; n. (10) ; 235. Husband. 43, n. (5) (1). 716 INDEX. Parties Joint and separate parties. 43, n. (7) ; 54. Landlord. 43, n. (5) (m). Libellant. 43, n. (5) (n) ; 61, n. (1). Lien creditors. 43, n. (5) (o)-(r) ; 66, n. (4) (a). Next of kin. 43, n. (5) (s). Officer. 43, n. (5) (t). Personal representatives. 43, n. (5) (i)-(k) ; n. (10) j 235. Private citizens; mandamus. 77, n. (1) (a). Remonstrant against liquor license. 43, n. (5) (v). Sheriff. 43, n. (5) (w). Stockholder. 43, n. (5) (x). Sureties. 43, n. (5) (y). Taxpayers. 54. Terre tenant. 43, n. (5) (z), (a2). Township; mandamus. 77, n. (1) (c). Who are not proper parties. Abutting owners, when no property taken. 80, n. (7). Administrator. 43, n. (6) (a)-(c). Assignee. 43, n. (6) (d)-(f). Attorney. 43, n. (6) (g), (h). Bank. 43, n. (6) (i). Borough. 43, n. (6) (j). Candidate for office. 43, n. (6) (j). Claimants of fund. 43, n. (6) (k). Commonwealth. 43, n. (12). Contestants of will. 43, n. (6) (m). Co-partners. 43, n. (6) (n). County. 43, n. (6) (o), (p) ; 77, n. (1) (b). Creditor. 43, n. (6) (q)-(s). Debtor. 43, n. (6) (t), (u). Defendant, one of several, in certain cases. 43, n. (6) (v), (w);n. (7). Exceptant who filed exceptions too late. 43, n. (6) (x). Executor. 43, n. (6) (y), (z). Heir of insolvent estate. 43, n. (6) (z). Husband. 43, n. (6) (a2). Insolvent. 43, n. (6) (b2). Intervening party. 43, n. (6) )e2). Joint and separate parties. 43, n. (7). Judgment creditors. 43, n. (6) (c2). Lien creditors. 43, n. (6) (d2) ; 66, n. (3) (b). Minority members of beneficial society. 89, n. (1). Party intervening. 43, n. (6) (e2). Party permitted to withdraw. 43, n. (6) (f2). Party whose name is not on record. 43, n. (6) (g2). Private citizen; mandamus. 77, n. (1) (a). Prosecutor. 43, n. (6) (h2) ; 92, n. (2). Receiver. 43, n. (6) (i2). Residuary legatees. 43, n. (6) (j2). Sureties. 43, n. (6) (h2), (12). 717 Part-Praec INDEX. Taxpayers. 43, n. (6) (m2). Trustee. 43, n. (6) (n2) ; 99. PARTITION. Writ of error from judgment in. 84. PASSING CASE ON LIST. When allowed. 221. PAUPERS. Order of removal ; issue on appeal from. 85. PENALTY. Delay; taking appeal for. 242. Petition for; form. App. 63. Eule for; form. App. 64. Non-compliance with rules. 205. PERFECTING APPEAL. Filing in lower court necessary. 140 and n. (3). Time of, to operate as supersedeas. 167. Computing time. 128, n. (1). PERSONALTY. Decree directing delivery of; appeal; supersedeas. 170. Proceedings where property is perishable. 171. PETITION. For forms of various petitions, see Forms. Appeal from Superior Court. 121, n. (2). Cost of filing. 137. New trial nunc pro tune in murder cases. 226. Special allocatur. See Special Allocatur. PIPE LINE COMPANIES. Appeal in land damage cases. 86 (A). Appeal in quo warranto proceedings. 86 (B). PLANK ROADS. Appeal in proceedings relating to. 87. PLANS AND DRAWINGS. Printing in paper-book. 156; 192; 193. PLEADINGS. Irregularities in; review. 228, n. (13), (27). Printing in paper-book. 190 and n. (14); 191; 193. POINTS AND ANSWERS. Exceptions to ; time and manner of taking. 162. Filing as part of record. 148; 149. Quoting in assignments of error. 186 and n. (1). Must be assigned for error singly. 185 and n. (3). Printing paper-book. 190; 191; 192; Ap. pp. 517-18. POINTS RESERVED. Appeal from judgment on. 88. PRAECIPE. Admission of attorneys. App. 12-15. Certiorari for appeal. App. 35-36. Requirements of, for appeal. 131. 7 l8 INDEX. Prem-Quest PREMATURE APPEALS. 126, n. (6). PRESUMPTION. Regularity of proceedings. 228, n. (17). PRINTING. Costs in case. 156; 240. Evidence; agreement as to omission. 156. PROCEDENDO. When granted. 228, n. (7). PROTHONOTARY. Supreme Court. Appointment. 8 (A). Compensation. 8, n. (3). Duties. 8 (A). Fees. 134 (A); 137; 142. Power to appoint deputy and clerk. 8, n. (2). Superior Court. 134 (A) ; 142. Lower court. 134 (B), (C). Philadelphia county. 134 (C). PUBLIC OFFICES, right to. Appeal from proceedings lies to Supreme Court. 102; 108 and n. (3). QUASHING APPEAL. Motion. Form. App. 65. Motion by court. 233, n. (2). Time for making. 233, n. (1). What will be considered. 233, n. (3). Grounds for quashing. Argument; failure to appear at. 224. Assignments of error; failure to file. 183 and n. (5) (b) ; 184, n. (1) (a). Certificate of amount in controversy; failure to file. 117 (B) and n. (1). Defects or irregularities in proceedings. 155, n. (1) ; 233. Delay in taking appeal. 126, n. (1). Record, failure to file on return day. 144. QUARTER SESSIONS. Appeal from; generally. 43; 46 (A) and (D). Appeal from, to Supreme Court. 102. Appeal from, to Superior Court. 108. Paper-books in appeals from. 194. Special allowance of appeal unnecessary. 46, n. (11). Testimony; notes of, to be taken on request. 153. QUESTION, CONSTITUTION. Page iv; 121; Ap. 27. QUESTION NOT RAISED BELOW. Review on appeal. 228, n. (15). 719 Quest-Record INDEX. QUESTION OF LAW. Must be assigned for error singly. 185. QUESTIONS INVOLVED. Printing in paper-book. 190; 191; 192; 193; 194; 202. Eequirements and form. 196; Ap. pp. 513-15. QUO WAKRANTO. Appellate jurisdiction of Supreme Court. S6 (B) ; 89; 95; 104, n. (1) (b). Original jurisdiction of Supreme Court. 39. Petition for; form. App. 23. Affidavit accompanying. App. 24. Supersedeas; special allocatur necessary. 179. QUORUM. Supreme Court judges. 2 (C) and n. (2). Superior Court judges. 12 (D). RAILROADS. Appeal in land damage cases. 90. REAL ESTATE. Appeal in proceedings to sell or quiet title. 91. Judgment involving title to; appeal; supersedeas. 174. REARGUMENT. Motion or petition for; practice. 225. * Form. App. 67. ^ Order and rule. App. 68. When allowed. 225, n. (1). RECOGNIZANCE. See also Bail. Appeal from forfeiture of. 92. RECORD. Certiorari to remove to appellate court. 140; Ap. 41-48. Certiorari for failure to return whole record. 141; 146. Custody of. 140, n. (2). Diminution of. 141, n. (1) ; Ap. 49; 50; 51. Forwarding to appellate court. 141 ; 143 ; 144 ; 146. Filing in appellate court; effect of failure. 144. Remitting to lower court. Forms. Ap. 70 ; 71. After final decision. 244. For further proceedings. 228, n. (6). For purpose of entering judgment below. 88, n. (4). On appeal from Superior Court. 123. On appeal from orphans' court. 229. What it includes. Charge and opinion of court. 147; 148. Evidence excepted to and made part thereof. 46. n. 1; 161. Evidence excepted to in criminal cases. 151. Findings of fact and law; equity cases. 150. 720 INDEX. Record-Ret Generally. 146, n. (1). Notes of testimony. 152-160. Points for charge and answers thereto. 148; 149. What it does not include. Generally. 146, n. (2). REFEREE. Report of; printing in paper-book. 190 and n. (3) ; 193 and n. 1. REFERENCE. Appeal in proceedings under Act 1874. 93. REHEARING. See Reargument. REMANDING CAUSE. See Remittitur. REMARKS OF COUNSEL. Review of. 146, n. (2) (d) ; 228, n. 16; 29 (i) and (k) ; Ap. p. 521. REMEDY AT LAW. Costs where case is transferred to law side of court. 228 (C). Review on appeal. 228 (C). REMITTITUR. After final decision. 244. Form. App. 70; 71. Orphans' court cases. 229. For further proceedings. 228, n. (6). For purpose of entering judgment below. 88, n. (4). Duty of prothonotary to certify with record copy of opinion of appellate court. 244. Orphans' court cases. 229. Superior Court; appeal from. 123. REMOVAL ORDERS. Review on appeal. 85. REPORT OF REFEREE, AUDITOR OR MASTER. Printing in paper-book. 192 and n. (3) ; 193 and n. (1). REPORTER. See Supreme Court; Superior Court. REPORTS. See Supreme Court; Superior Court. REQUEST FOR CHARGE. See also Points and Answers. Answers to. 228, n. (22). Failure to make. 228, n. (19). RESTITUTION. When granted. 243. RETURN. Criminal cases to other district. 46, n. (5). RETURN DAYS. Superior Court. General and special return days. Anp. 16 ; 22. Special return days in criminal cases. 145 (B) ; 219. 721 46 Ret-Rev INDEX. Supreme Court. General reurn days. 7; App. 20-21. Special return days in criminal cases. 145 (A) ; 218. REVERSAL OF JUDGMENT ON APPEAL. General power of court. 228 and n. (2). REVIEW ON APPEAL. Form of writ. 130. Modes of, still in force. 42, n. (3) ; 48 (C) ; 182. Under "writ of error." 48; 182 and n. (1), (2). Under "appeal." 48; 182 and n. (3). Under " certiorari. " 48; 182 and n. (4). See also Certiorari. In statutory proceedings. General rule. 48 (A). Exception in land damage cases. 48 (A) and n. (5). When appeal is proper remedy. 48 (A), (C) and n. (1). When certiorari is proper remedy. 48 (B) and n. (2) ; 182, n. (4). When writ of error is proper remedy. 48 (A), (C) and n. (1), O). Powers of court on appeal. Affirmance of judgment. 228 and n. (1). Modification of judgment. 228 and n. (4), (5). New venire; awarding. 228 and n. (8), (9). Procedendo; awarding. 228 and n. (7). Remitting cause for further proceedings. 228 and n. (6). Reversal of judgment. 228 and n. (2), (3). General scope of review. Capital cases; reviewing law and evidence. 46 (C) and n. (10) ; 230. Charge of court. Binding instructions. 228, n. (23). Comments on evidence. 228, n. (21). Omission to charge in particular manner. 228, n. (19). Prejudicial, misleading or mistaken charge. 228, n. (20). Requests for instructions; answers. 228, n. (22). Clerical errors. 228, n. (12), (28). Discretion of lower court. 53, n. (2) ; 61, n. (2) (d) ; 66, n. (1) ; 71, n. (1) ; 74, n. (1) (s) ; 82, n. (1) ; 228, n. (24). Equity cases; questions of jurisdiction. 44 (B). Estoppel. 228, n. (31). Evidence. Capital cases. 230. Comments on, by appellate court. 228, n. (21). Divorce cases. 61, n. (2). To what extent reviewable. 228, n. 18. Exceptions taken below. 228, n. (10), (11). Excessive or inadequate verdict. 228, n. (9). Feigned issue; judgment on. 67, n. (1). 722 INDEX. Rev-Serv Findings; to what extent reviewable. 228, n. (18). Harmless error. Admission of evidence. 228, n. (25). Clerical errors. 228, n. (28). Exclusion of evidence. 228, n. (26). Irregularities in pleadings. 228, n. (27). Matters happening on trial. 228, n. (29). Injunctions; preliminary; decree on application for. 71, n. (1). Judgment n.o.v. on point reserved. 88 (C) and n. (3). Judgment on whole record where jury have disagreed. 88 (D). Labor claims. 75. Mandamus. 77 and n. (6). Orphans' court cases; review of merits. 229. Presumption of regularity. 228, n. (17). Questions not raised below. 228, n. (15). Kemarks of counsel. 228, n.(16) ; 29 (i) and (k) ; Ap. p. 521. Removal orders. 85, n. (1). Road cases. 231. Superior Court decisions. 123. Technical defects and irregularities. 228, n. (13), (27). Theory of case. 228, n. (14). Viewers; report of; exceptions. 100, n. (2). Waiver. 228, n. (30). ROAD CASES. Review on appeal. 231. RULES OF COURT. See under proper headings ; also Ap. pp. 550-82. Penalty for non-compliance with. 205. Supreme Court rules to be binding in Superior Court. 19; 213, n. (1). Superior Court; right to make additional rules. 19. SALARY. See Compensation. SEAL. Supreme Court. 11 (G). Superior Court. 19. SECOND APPEAL. Right to take. 43, n. (8); 50 (B). SECURITY FOR COSTS ; appeal without entry of. 168. SENTENCE. Necessary before appeal. 46, n. (1). Not suspended by appeal perfected after three weeks. 167 and n. (1) (f), (g). SEPARATE APPEALS. 43, n. (7). SERVICE. Paper-books. 203; 204. 723 Short-Super. Ct. INDEX. SHORT LIST. See Argument. SPECIAL ALLOCATUR. For appeal. When required. Appeal from Superior to Supreme Court. 121 and n. (2), (3); 124; Ap. 27. Criminal cases; not required. 46. Petition for. Contents. 135. Costs of, on appeal from Superior Court. 137. Filing; time. 136. Form. App. 27. Procedure after allowance; perfecting appeal. 138. For supersedeas or other interlocutory order. When required. Criminal cases. 179. Election contests. 179. Mandamus. 179. Quo warranto. 179. Petition for. Contents. 180; 181. Filing; time. 180; 181. Form. App. 30. Notice to opposing counsel. 180. Procedure after allowance. 180. SPECIFICATIONS OF ERROR. See Assignments of Error. STATE BOARD OF EXAMINERS. See Attorneys. Creation; term of office, duties, etc. 20. STATE TAX ON PROCESS. 139. STATEMENT OF QUESTION INVOLVED. Printing in paper-books. 190; 191; 192; 193; 194; 202. Requirements and form. 196; Ap. pp. 513-15. STAY OF PROCEEDINGS. Pending decision of same question by Supreme Court. 119. STENOGRAPHER. See Evidence (Stenographic Notes). STREET RAILWAYS. Page iv, Addenda. SUPERIpR COURT. Admission of attorneys. See Attorneys. Appeals from, to Supreme Court. Appeal lies when. 121; 124; page iv. Argument of appeals; position on list. 206 (B). Assignments of error. 188. Bail. 165. Certifying case to Supreme Court by Superior Court. 115; 124. Form of petition. App. 29. 724 INDEX. Super. Ct. Cross appeals. 123, n. (1). Paper-book. 201; Ap. 58 (H). Practice; remitting record. 123. Keview on appeal from. 123. Special allowance; when necessary. 121 and n. (2), (3). Form of petition. App. 27. Time for appeal. 128. Waiver of appeal. 122. Appeal erroneously taken; certifying to Supreme Court. 120. Argument of cases. See Argument. Consolidation of appeals. 118. Creation of. 12 (A). Decisions of Supreme Court binding. 125. Districts. 16; App. 22. General powers. See Review on Appeal. Affirmance, reversal or modification of judgment of lower court. 228. Execution for costs, etc. 11 (C) ; 42 (D). Issuing writs, awarding process, etc. 19. Rules of practice; power to make. 19. Terms and return days; power to fix. 16. Judges. Compensation. Allowance for clerk hire. 15 (B). Salary. 15 (A). When paid. 15, n. (1). Election of. Limited vote. 12 (B) and n. (1). Qualification of electors. 12 (A). Time of election. 12 (A). Vacancies filled by governor. 14. Number of. 12 (A). President judge; how priority determined. 13. Qualifications. 12 (A). Quorum. 12 (D). Term of appointee to vacancy. 14. Term of office. 12 (C). Jurisdiction. Appellate. Agreement of parties. 112; 122. Amount in controversy; how determined. 117. Civil and criminal cases. 43. Common pleas; claims not exceeding $1500; actions brought or defended by Attorney General excepted. 110. Constitutional provision and general powers. 42. Criminal cases, 46. Divorce. 113. Equity orders and decrees. 44. Exclusive where given. 116. 725 Super. Ct.-Sup INDEX. Generally. See Appeals; when allowed. Labor claims. 114. Mandamus cases. 77, n. (3); 110, n. (5). Objection to; waiver. 115; 120, n. (2). Form. App. 28. Orphans' court decrees. 45. Orphans' court; claims not exceeding $1500; actions brought or defended by Attorney General excepted. 111. Oyer and terminer; exclusive except murder cases. 109. Quarter sessions; exclusive except when right to public office is at issue. 108. Special statutes; appeals under. See Appeals; when al- lowed. Original. Habeas corpus. 41; 110, n. (3). Territorial. Co-extensive with state. 40. Officers. Criers. 17 (B). Prothonotary. 17 (A). Tipstaves. 17 (B). Reporter. Assistant and salary. 18. Reports. 18, n. (1). Return days. 16; 145 (B) ; 219; App. 22. Seal. 19. Special return days in criminal cases. 145 (B) ; 219. Stay of proceedings pending decision in Supreme Court. 119. Terms and return days. 16; 145 (B) ; 219; App. 22. SUPERSEDEAS. See Special Allocatur. Additional bail; when necessary to effect. 165. S Bail must be entered within three weeks. 167. * Conveyance; decree directing execution of. 172. Costs; decree for. 176. Criminal cases; special allocatur necessary. 179. Decree of distribution. 178. Decree within more than one class. 177. Election contest; special allocatur necessary. 179. Injunction; decree granting. 173. Mandamus; special allocatur necessary. 179. Money judgments. 169. Perfecting appeal required within three weeks. 128; 167. Personal property; judgment directing delivery of. 170; 171. Quo warranto; special allocatur necessary. 179. Realty; judgment involving title to. 174. Security required, except in certain cases. 168. Special allowance of. See Special Allocatur. Tax assessment; decree affecting. 94. Trustee; decree removing. 175. 726 INDEX. Sup-Supr. Ct, SUPPLEMENTAL AFFIDAVIT OF DEFENSE. Filing. 50, n. (6). SUPPLEMENTARY PROCEEDINGS. Appeal from. 102, n. (1); 108, n. (1). SUPPRESSION OF PAPER-BOOK. 205. SUPREME COURT. Admission of attorneys. See Attorneys. Argument of appeals. See Argument. Certifying to proper court ; appeal taken to wrong court. 115 ; 120. Creation of. 1, n. (1). Decision of, binding on Superior Court. 125. Districts. 7 (A) and n. (1); App. 20; 21. Effect of dividing state into districts. 34, n. (1). General powers. See Review on Appeal. Affirmance, reversal or modification of judgment of lower courts. 228. Appointment of prothonotary and other officers. 8. Judicial power. 1; 11. New writs; power to devise. 11 (B) and n. (1). Process; power to award and collect fines, costs, etc. 11 (C); 42 (D). Rules of practice; power to establish. 11 (D) and n. (4). Seal. 11 (G). Terms and return days; power to arrange. 7 (B), (C) and (D). Witnesses; power to subpoena. 11 (E). Judges. Chief justice. Duty to preside over election contests for office of gover- nor. 3 (C). Priority; how determined. 3 (A), (B). Compensation. Allowance for clerk hire. 6 (B). Salary. 6 (A) and n. (1), (4). When paid. 6, n. (3). Increase of. 6, n. (2). On retirement for disability. 6, n. (4). Election. Commission; by whom granted. 2, n. (4). Commission; priority of. 3 (A), (B). Contested elections. 2, n. (6). Election by limited vote. 2 (B). Qualifications of electors. 2 (A) and n. (1). Time of holding election. 2 (A) and n. (7). Vacancies filled by governor. 4. Number of. 2 (A). Opinions; duty to file in writing. 9, n. (6). 727 Supr. Ct INDEX. Qualifications. 2, n. (1). Quorum. 2 (C) and n. (2). Residence within commonwealth. 5. Term of office. 2 (A) and n. (3). Term of appointee to fill vacancy. 4. Jurisdiction. Appellate. Allegation as to jurisdiction. 117, n. (6). Amount in controversy; how determined. 117. Certifying to proper court; appeal taken to wrong court. 115; 120. Civil and criminal cases. 43. Common pleas; claims exceeding $1500; suits brought or defended by Attorney General; distribution proceed- ings. 104. Consolidation of appeals; practice. 118. Constitutional provision and general powers. 42 (A). To correct errors of inferior courts. 42 (B). To issue remedial writs. 42 (C). Criminal cases. Generally. 46 (A) and n. (7). Appeal in all cases. 46 (D). Appeal by commonwealth. 46 (D) and n. (12). Murder and voluntary manslaughter. 46 (B), (C), (E), n. (9), (10). Damage cases by husband and wife jointly. 106. Disbarment proceedings. 53; 103, n. (1); 107. Mandamus proceedings. 104, n. (1) (a), (b). Equity cases. Generally. 44 (A). Injunctions. 44 (B). Question of jurisdiction. 44 (C). Orphans' court cases. 45. Orphans ' court ; claims exceeding $1500 ; suits brought or defended by Attorney General; distribution proceed- ings. 105. Oyer and terminer; cases of felonious homicide. 103. Prior appeal by adverse party ; appeal not precluded. 47. Quarter sessions; cases involving right to public office. 102. Quo warranto proceedings; 89, n. (3) ; 104, n. (1) (b). Special statutes. See Appeals; when allowed. Superior Court; appeals from. Assignments of error. 188. Certification by Superior Court. 124. Form of petition. App. 29. Constitutional question. Page iv ; 121 ; Ap. 27. Practice on appeal; remitting record. 123. Review of judgment of Superior Court. 228 (A). Special allowance; when necessary. 121 and n. 728 INDEX. Supr. Ct. (2), (3); p. iv. Addenda (Const. Quest.); Ap. 27. Waiver of appeal. 122. When allowed. 121. Original. Appointment; power of. 35 (B). Civil cases. 35 (A) and n. (2). Criminal cases. 35 (A) and n. (1). Generally. 35. Habeas corpus. 35 (A) ; 37. Injunctions; where corporation is defendant. 35 (A); 36 (A). Certifying to other district. 36 (B). Mandamus; to courts of inferior jurisdiction. 35 (A); 38 (A) andn. (1). Certifying to other district. 38 (B). Hearing; judgment; damages and costs. 38 (C). Quo warranto; to officers of commonwealth. 35 (A) ; 39. Territorial. Co-extensive with state. 34. Officers. Attorneys. 8, n. (1). Criers. 8 (B). Compensation. 8 (B). Prothonotary. 8 (A) and n. (2), (3). Deputy prothonotary. 8, n. (2). Clerk. 8, n. (2). Compensation. 8, n. (2), (3). Tipstaves. 8 (B). Compensation. 8 (B). Reporter. Appointment and commission. 9 (A). Bond. 9, n. (1). Duties. 9 (C), (D) and n. (3), (4). Removal. 9 (B) and n. (7). Salary. 9, n. (2). Reports. Copyright. 10 (E) and n. (3). Publication of. How published; number of copies, etc. 10 (B). Advertising for bids. 10 (C). Bond of contractor. 10 (D). Style of printing, etc. 10 (A). Volumes; numbering of. 10, n. (1). Return days. 7 (B), (C), (D) and n. (2) ; App. 20-21. Special return days in criminal cases. 145 (A) ; 218; 219. 729 Sur-Waiver INDEX. Terms. 7 (B), (C), (D) and n. (2); App. 20-21. Writ; form of. 7, n. (3). SURETIES. See Bail. Affidavit of; form. App. 53. Liability of. 163, n. (3); 169, n. (2). Who may not become. 166. SURPRISE. Withdrawing juror. See Continuance. TAX. Not allowed on appeals. 139. TAX ASSESSMENTS. Appeal from judgment affecting. 94. TAX-PAYERS; appeal by. Allowed on appeal from auditors' accounts. 54. Not allowed in proceedings to collect special tax. 43, n. (6)(m2). TECHNICAL DEFECTS. Review by appellate courts. 228, n. (13), (27). TELEGRAPH COMPANIES. Appeal in quo warranto proceedings to forfeit franchises. 95. TERMS OF COURT. See Supreme Court; Superior Court. THEORY OF CASE. Review on appeal. 228, n. (14). TIPSTAVES. Appointment, salary. 8 (B). TOLL BRIDGES. Appeal in proceedings to condemn. 96. TOWNSHIPS. Appeal from eminent domain proceedings by. 97. TRANSCRIPT. Of notes of testimony. See Evidence (Stenographic Notes). TRIAL WITHOUT JURY. Appeal or writ of error from judgment. 98. TRUSTEE. Appeal from proceedings against. 99. Removal of; appeal; when supersedeas. 175. TURNPIKES. Appeal; writ of error or certiorari in proceedings to condemn. 100. VENIRE FACIAS DE NOVO. When granted. 228, n. (8). VERDICT. Excessive or inadequate; awarding new trial. 228, n. (9). Stating in paper-book. 190 and n. (4) ; 191 ; 192. 730 INDEX. Waiver-Writ of Er WAIVER. Appeal, right of. 43, n. (9); 51, n. (2). Appeal from Superior Court. 122. Objection to amendment. 232, n. (3). Objection to jurisdiction. 115; 120, n. (2). Objections to irregularities, etc. 132, n. (2) (d) ; 161, n. (5) (m); 228, n. (30). Objections to omissions in bill of exceptions. 161, n. (5) (m). WATER COMPANIES; appeal in proceedings against. 69. WEAK MINDED PERSONS. Appeal from appointment of guardian for. 101. WEEKLY LIST. See Argument. WRITS. Form of. 7, n. (3). WRIT OF ERROR. See also Appeals. Defined. 182, n. (2). Lies when. Generally. 182, n. (2). Common law proceedings and general statutes. Criminal cases. 46. Judgments at law. 43; 48, n. (3). Land damage cases. 48 (A). Lies to all courts. 42. Special statutory proceedings. See Appeals (Statutory). Writ allowed only where expressly given. 48 (A) and n. (1). Affidavit of defense, judgment for insufficient. 50. Arbitration proceedings. 51. Armories ; condemnation of highway for purpose of erect- ing. 52. Attorneys; actions against for unprofessional conduct. 53. Boroughs; proceedings to assess damages for property taken, etc. 56, n. (1). Common schools, proceedings to assess damages. 58, n. (1). Corporations. Gas and water companies. Insufficiency of supply. 69. Laying of pipes. 81 (A). Pipe line companies; land damages. 86 (A). Plank road companies ; proceedings relating to. 87. Railroads; land damage cases. 90. Turnpike companies; land damage cases and pro- ceedings to condemn. 100. Counties; condemnation proceedings. 60 (A), (B) and n. (1). Escheat; proceedings to declare. 64 (A), (C). 731 Writ of Error INDEX. Estates tail; proceedings to bar. 65. Execution proceedings. 66 (C), (D). Feigned issue. 67. Foreign attachment. 68. Lunatics; proceedings to try sanity. 76 (A) and n. (2). Municipalities; damages and benefits, etc. 80 (D), (K) and n. (1). Non-suit; refusal to set aside. 82. Partition. 84. Paupers; issue on appeal from removal orders. 85. Points reserved; entry of judgment. 88 (A), (B) and n. (2). Quo warranto. 89. Recognizance; forfeited. 92, n. (2). Reference. 93. Townships; condemnation proceedings. 97, n. (2). Trial without jury. 98. Turnpikes. Land damage cases. 100 (A) . Proceedings to condemn. 100 (C). Name of proceeding. 48 (C) ; 130; 182 and n. (1). Scope of review. 48; 182, n. (2). 732 000 716 983