227 CASES IN THE SUPREME COURT OF PENNSYLVANIA BEING REPORTS OF ALL THE CASES NOT REPORTED IN THE STATE REPORTS, FROM OCTOBER 1, 1888, WITH SOME PRIOR CASES. VOL. II. EDITED BY JAMES MONAGHAN Of the West Chester Bar. ASSISTED BY THE FOLLOWING MEMBERS OF THE PHILADELPHIA BAR: ALBERT B. WEIMER, 512 Walnut St., Associate Editor. HOWARD J. LUKENS, 225 South Sixth St. WM. M. STEWART, JR., 738 Drexel Building. PHILADELPHIA GEORGE T. BISEL LAW PUBLISHER AND BOOKSELLER 738 SANSOM STREET. Rec. Oct. 26.1891 Entered according to the Act of Congress in the year 1891 by GEORGE T. BISEL in the Office of the Librarian of Congress at Washington. PREFACE. The present volume completes the reports of cases not included in the State Reports from October 1, 1888, to March 28, 1889, when all cases were required to be published in the official series. A few cases omitted, since then, by the State Reporter, have been reported, together with some earlier cases. A distinctive feature of this and the preceding volume is the reporting in full of motions for reargument, not only of cases reported herein, but also of cases reported in the official series. The importance of indicating the grounds of the application for reargument may be illustrated by the case of Pa. Co. for Ins. on Lives, etc. v. Commonwealth. In 137 Pa. 411, it is stated that a reargument was ordered in this case, but no reasons therefor are given, and the authority of the original decision is left in doubt or greatly discredited. But, by reference to the last page of the present volume, it will be seen that the petition for a reargument was based upon a collateral point, and did not question the correctness of the application of the legal principles involved in the decision. This volume also contains some practice cases in the Supreme Court-a neglected but important field, which, it is elieved, should be covered by the official reports. Attention may be directed to a few minor points inserted. for ready reference. The running sub-heads at the top of each page indicate the part of the report to be found at the top and bottom of the page, e. g., " Opinion of the Court below-Argument;" and, bearing in mind the logical order of the report of a case, it will be known that the assignments of error are between these on the same page, and can be picked out at once by the italics at the beginning of the paragraph. The date of the decision and the volume of the reports are placed at the top and bottom of every page for constant reference. This latter feature has since been adopted by the present State Reporter, and is no doubt familiar to the profession. J. M. JUDGES OF THE SUPREME COURT, IN COMMISSION DURING THE PERIOD OF THESE CASES, WITH THE DURATION OF THEIR COMMISSIONS. EDWARD M. PAXSON, C. J., Phila. (C. J. from Jan. 7, 1889). From 1875 to 1896 JOHN TRUNKEY, J., Franklin, Died June 24, 1888 Commission expires, Jan. 1900 Commission expires, Jan. 1904 . . Commission expires, Jan. 1909 From July 31, 1888, to Jan. 7, 1889 The records of January and July Terms are at Philadelphia; of May Term, at Harrisburg; and of October Term, at Pittsburgh. JUDGES OF THE COUNTY COURTS, IN COMMISSION DURING THE PERIOD OF THESE REPORTS. ALBRIGHT, EDWIN, P. J., 31st Dist., Allentown. BAER, WILLIAM J., P. J., 16th Dist., Somerset. BARNETT, CHARLES A., P. J., 41st Dist., New Bloomfield. BIDDLE, CRAIG, J., 1st Dist., C. P. No. 1, Phila. BRÉGY, F. AMÉDÉE, J., 1st Dist., C. P. No. 1, Phila. BROWN, WILLIAM D., P. J., 37th Dist., Warren. BUTLER, THOMAS S., J., 15th Dist., West Chester. CLAYTON, THOMAS J., P. J., 32d Dist., Thurlow. COLLIER, FREDERICK H., J., 5th Dist., C. P. No. 1, Pittsburgh. CUMMIN, HUGH H., P. J., 29th Dist., Williamsport. DEAN, JOHN, P. J., 24th Dist., Hollidaysburg. DREHER, SAMUEL S., P. J., 43d Dist., Stroudsburg. |