0 A husband can become a prosecutor in a criminal action against his wife's ATTACHMENT. A distributive share in an estate can not be attached in the hands of an A foreign attachment will be dissolved, unless the non-residence of the de- A garnishee may move to dissolve a foreign attachment for an irregularity George A. Walker vs. Annette Reynolds et al.-246-See Garnishee. Exceptions to Report of. AUDITOR. The wife of a non-contesting husband is a competent witness to prove her Clause "c." Sec. 5. of the act of May 23, 1887, P. L. 158, only applies where the Clause "e." Sec. 5, of said act, does not apply where the husband has been de- Notes under seal were held by a woman against a man whom she subsequently Appeal of Dunmore District from report of Auditors-206. Rule to Discharge Defendant. BAIL, Common. The defendant cannot be held to bail in an action of slander, without proof of The act of 1903, P. L. 49, adds a new element of damage in actions for libel, Special damages are such as the law will not ihfer from the nature of the Recovery for injuries to feelings and mental sufferings are recoverable as Rehm vs. Askew et al., 142. BOND-Defective. The purposes of the act of April 19, 1901, P. L. 88, were (1) to fix a time within The sufficiency of the forthcoming or counter bond must be determined by the BUILDING AND LOAN ASSOCIATIONS. Plaintiff took a mortgage dated June 17, 1902, on land described identically as The premises sought to be bound by the lien are not described in any particular When the lien was filed there was no house to describe as the lien was for "ex- The description in the lien does not designate the block nor on what side of the At a foreclosure proceeding the mortgagee was the purchaser at a price insuffi- Held: That the lien is defective because of the insufficient description of the Defendant held title by deed. in the name of "Michael Grecula." Mortgagee The fund realized from said sale is contested by a judgment creditor, whose The latter judgment was indexed and docketed against "Mike Greczula.” Either Held: That "Majk" is quite well known in this locality to be the Polish and As to "Greczula" and "Grecula," the rule of idem sonans applies. It is the creditor's duty to see that his judgment is correctly indexed. This is Where there is a variance between the signature to an instrument and the A judgment docket contains the record evidence of liens which is constructive signature to an instrument and the name as docketed in the entry of judgment thereon. The German Building & Loan Association No. 9 vs. Michael Grecula, 28. After a sheriff's sale has been confirmed by the payment of the purchase money and the acknowledgment and delivery of the deed, it is too late to set aside the sale, and compel the purchaser to deliver up the deed to be cancelled. It is the policy of the law that there be a time fixed when all irregularities are cured and the law fixes the acknowledgment of the deed as the time. The rule is that after acknowledgment and delivery of the deed the proceedings have passed beyond the grasp of the court. It has been held that the acknowledgment of a deed may be stricken off and the sheriff's sale set aside for fraud, if application be promptly made, where the deed has not been delivered; or if application be made before the expiration of the term. This reason does not apply where the application is made by the purchaser who voluntarily surrenders up his deed to the court for cancellation, and no intervening rights are involved. One of the important functions of the Court of Common Pleas is to supervise the execution of its own process, in order to prevent injury and injustice to its suitors. A purchaser at sheriff sale has the right to waive the effect of the delivery of a deed to him, and to surrender it for cancellation with the permission of the Court.-State Capitol Building & Loan Association vs. Michael Roche, 41. CAPIAS. Under the Act of July 9, 1901, section 6, P. L. 614, a capias ad respondendum may be served either by arresting the defendant and holding him to bail or by serving the writ as a summons. When the defendant enters bail after the issuance of the writ, without a previous arrest, he waives the formality of the arrest, and he cannot afterwards be arrested under the writ, nor can either party complain that no arrest was made. It follows that a writ issued against a minor defendant, who, under the act, is not liable to arrest, must be quashed, when bail was entered for the defendant in the sum required without an arrest.-Powell vs. Perkins, 150. CASE STATED. Hamill vs. Andresak, 152.-See Taxes. CERTIORARI. A case begun before an alderman and partly heard by him cannot be determined by his successor. Any other interpretation given to the Act of March 20, 1810, 5 Sm. L. 161, Section 16, would lead to absurd results.-N. W. Abbey vs Joseph Hannick et al., 62. Commonwealth vs. Nice & Schreiber, 148. Under a fair and reasonable construction of the act of 22d March, 1814, the defendant's affidavit, that the title of land would come in question, was presented in due time, even though the plaintiff had sworn a witness.-W. W. Baylor et al. vs. J. W. Tiffany, 161. The act of 22d March, 1814, and the supplement of July 2, 1901, P. L. 608, requires that the affidavit ousting the jurisdiction of justices of the peace must be made and security tendered before the trial, and the making of the affidavit without tendering security amounts to nothing and is of no effect.-Baylor et al vs. Tiffany, 163. COMMONWEALTH. Challenges for cause are unlimited in number so far as cause is shown, and unrestricted as to time when they shall be exercised, so long as the oath has not been tendered to the objectionable juror. This is stated to be the rule in homicide cases as to the time during which the right may be exercised, and there is no reason why it should not be applied in all criminal cases. The exercise of such challenge, however, is not governed by statute, but is a common law right. A peremptory challenge is one which may be made or omitted according to the judgment, will or caprice of the party entitled thereto without assigning any cause or reason therefor, it being, a mere right to reject but not to select jurors. In a case of misdemeanor, it did not exist at common law. In this state the right of peremptory challenge, its extent and the time and manner of its exercise are purely statutory in all cases, either of felony or misdemeanor, except that by virtue of the most recent enactment on the subject in cases not exclusively triable in the Oyer and Terminer, the court may, by general rule, fix the time and manner of making the challenge different from that prescribed by the act. The act of 1901 requires that all "challenges shall be made and assigned by the commonwealth and defendant respectively when the juror is called." The party must avail himself of this privilege as it comes to him in turn. If the juror is not rejected by the party having the prior right he is necessarily passed to the other party. No special formality is required nor observed in so doing. Anything to give notice to the court and the opposing counsel that the juror is turned over to the other side is competent to indicate his acceptance and a waiver of the right of challenge.-Commonwealth vs. David B. Evans, 59. Commonwealth vs. Weiss, 91. Commonwealth ex. rel., P. J. Moore, Inspector of Mines, etc.. vs. The PricePancoast Coal Company, 111 Commonwealth ex. rel., W. R. Lewis, District Attorney, vs. Frank Becker, Sheriff, 115. men. A district attorney found a citizen charged with the crime of bribing councilThere was a warrant out for his arrest. The warrant could not be served because the officer could not find the defendant, after diligent search. The statute of limitations would run out before the next grand jury. Held: That under these circumstances it was the bounden duty of the representative of the commonwealth to bring the matter before the court, and ask permission to present an indictment to the grand jury, then sitting, without a preliminary hearing or a previous binding over of the said defendant to appear at court.-Commonwealth vs. Patrick J. O'Boyle, 133. Commonwealth vs. Nice & Schreiber, 148. A verdict which imposes costs on a prosecutor but fails to name him is futile and inoperative and will be set aside although, before the jury was sworn, the name of the prosecutor was endorsed, by request, upon the face of the indictment. -Commonwealth vs. Resh, 155. Commonwealth vs. Schulte, 158. Commonwealth vs. Miller, 174.-See Indictment. Commonwealth vs. Vafice, 179.-See Arrest of Judgment. Commonwealth vs. Richard Little, 271. Commonwealth ex. rel., John J. McAndrews vs Edward A. Jones. County Con- Commonwealth ex. rel., L. M. Evans, etc. vs. The Morss Hill Coal Co., 364. Plaintiff brought suit for two months' salary. Court decided in favor of de- fendant. Subsequently plaintiff brought suit against same defendant for one year's The defendant filed a plea in abatement and the plaintiff demurred to the plea. It was clearly the legislative intent that the assessments, authorized by the The provisions of the Act of 1871, relating to the City of Franklin, are essen- While the Act of 1889 confers upon the city power to collect a paving assess- Registration must be proven upon the trial as an element of the city's case and, Duffy vs. Mell. 167. See Affidavit of Defence. John Burke vs. The Wilkes-Barre & Scranton Railway Company, 260. Nelson A. Gardner vs. S. G. Shoemaker, 262.-See Justice of the Peace. Commonwealth ex.rel., John J. McAndrews vs. Edward A. Jones, County Con- Application for License. DETECTIVE. The act of May 23, 1887, relative to the appointment of private detectives is Rule for a Decree. DIVORCE. Where there is no personal service of a subpoena the libellant's testimony, as Domicil is the true test of jurisdiction. Even if the legislature undertook to give the courts jurisdiction where the |