Containing Decisions of the Supreme
and Superior Courts of Pennsylvania,
and of the Various Courts of Lacka-
wanna County, Together with a
Number of Cases Decided in Other
Courts Between January, 1904, and
January, 1905.
Edited by FRANK J. FITZSIMMONS,
A Member of the Lackawanna County Bar.
German Building & Loan Association, The, No. 9 vs. Michael Grecula.
Hartman. Jacob. vs. Scranton Steel Company
Hartman, Jacob, vs. Scranton Steel Company.
In Re: Estate of Maria Donnelly Nallin, deceased.
Estate of William Bestford, deceased..
Certificate of Nomination of M. J. Burns et al.
Estate of John Handley, deceased..
Estate of Joseph Chase, deceased.
Appeal of Dunmore District from report of Borough 'Officers.
Appeal of Dunmore School District from report of Auditors..
Appeal of Hillside Coal & Iron Company from assessment, 1st ward,
Mayfield
Petition of County Commissioner for discharge of Michael Roche.
LaFrance, Warren, vs. Lackawanna & Wyoming Valley Railway Company..
Providence & Abington Turnpike & Plank Road Company vs. Jane Reap:
Rehm vs. Askew et al.
Ripple, Ezra H., vs Richard Little..
Rinker, F. S., vs. The Aetna Life Insurance Company..
Security Building & Loan Savings Union, The, vs. Jesse G. Colvin.
State Capitol Building & Loan Association vs. Michael Roche...
Shurtleff, E. H., vs. New York Storage Warehouse Company et al..
Scranton, City of, vs. N. G. Robinson..
Winton, B. M., Admr., etc., use of Winton Coal Company, Ltd. vs. Lackawanna
Defendant cannot plead in abatement after he has filed an affidavit of defence.
A defendant who has made defence on the merits in a case before a justice
of the peace cannot plead in abatement on the appeal. Cunningham vs. Ocean
Coal Company. 172.
Where goods levied on under a landlord's warrant were replevined by the
lessees wife, on whose replevin bond a married woman was the surety no objec-
tion being made thereto and judgment was entered for want of an affidavit of
defence, the plaintiff will not be ruled to perfect her bond and the defendant
permitted to file an affidavit of defence on a petition not embodying a prayer for
the opening of the judgment.
The fact that the surety on a replevin bond is a married woman, the bond being
approved by the prothonotary and his action unappealed from, does not render the
writ of replevin absolutely nugatory and void.
The court will not open, at the instance of new counsel, a judgment allowed
to be entered through the failure to take the right course, or mistake of law, or
negligence of former counsel for the defendant.-Rehm vs. Askew et al. 142.
Duffy vs. Mell,-166.-See Demurrer.
The principle is well settled in Pennsylvania that in an action upon a judg-
ment in the court of another state, the record may be contradicted by evidence
of facts impeaching jurisdiction.
In order to prevent judgment the defendant must aver some defect in the
jurisdiction in the court of another state, either of the person, or of the subject
matter of the suit, or of the amount of the judgment.-James S. Carey Assigned
to George H. Johnson vs. Hugh B. Andrews. 196.
Appeal of Dunmore District from report of Borough Auditors for 1903. 138
Where a case on the trial list is continued three days before the beginning
of the term, at the instance of the defendant, who is ordered to pay such costs
as the plaintiff might incur by reason of the continuance, and it is agreed that
counsel for the plaintiff shall notify the eleven witnessess subpoenaed for the
plaintiff of the continuance, and said notification is made by the constable who
served the subpoenas, the constable's compensation for serving the notices will
not be allowed as costs in addition to his fees for serving the subpoenas.-Ranck
vs. Brackbill.-157.
Special incompetency to testify in a particular case does not of itself involve
incompetency to make an information or appear as prosecutor in the same case.
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