IN THE Supreme Court of Pennsylvania BEING THOSE CASES NOT DESIGNATED TO BE REPORTED FROM 1885 TO 1889. BY SYLVESTER B. SADLER, A. M., LL. B. AUTHOR OF ** ·CRIMINAL AND PENAL PRocedure in PENNSYLVANIA." VOLUME IX. THE LAWYERS' CO-OPERATIVE PUBLISHING CO. ROCHESTER N. Y. 1904. COPYRIGHT, 1904, BY THE LAWYERS' CO-OPERATIVE PUBLISHING CO. Rec. Nov. 29, 1904. E. R. ANDREWS PRINTING Co., ROCHESTER, N. Y. PREFACE The act of June 12, 1878, which provided in substance for the official publication of only such decisions of the Supreme Court as should be marked by the judge who wrote the opinion, to be reported, excluded from the series of State Reports many decisions. Some of these, rendered between 1881 and 1884, were offered to the profession by Pennypacker's Reports. Later, Walker's Reports appeared, containing some decisions of the period covered by Pennypacker's Reports, and others rendered, with two exceptions, before October, 1885. At this time the issue of the Central Reporter and the Atlantic Reporter was begun, publishing every current decision. Concurrently many cases were reported in the Weekly Notes of Cases. The thirteen volumes of the former ended with the summer of 1888; the first seventeen of the Atlantic, and the Weekly Notes of Cases, cover the period to March 28, 1889. From this date, under a new statute, the official reports contain every decision of the Supreme Court. Monaghan's Reports publish practically all the officially unreported decisions of that court, which were rendered from October, 1888, to March, 1889. Considerably more than fifteen hundred decisions of the Supreme Court are to be found in the Central and Atlantic Reporters and Weekly Notes of Cases, which do not appear elsewhere. These are spread through thirty-five volumes, intermingled with the decisions of other states, and for that reason are inconvenient of access, and costly. It has seemed to the reporter that a service would be rendered to the profession by the collection of these cases into volumes of a reasonable size, obtainable at a moderate expense. This series of Reports contains all the unofficially reported decisions rendered during the period from October, 1885, to March, 1889, except such as are found in Monaghan's Reports. These have been omitted in order to prevent unnecessary duplication, the reports mentioned being in the hands of a considerable percentage of the profession. The Table of Cases in the accompanying Digest of this series of Reports shows the volume and page of the Central and Atlantic Reporters and the Weekly Notes of Cases in which these have been reported. Any case cited in any digest or elsewhere by reference to the Central and Atlantic, or to the Weekly Notes of Cases, during the period covered, can be found by aid of this table. In a footnote to each reported case a list of citations is given, showing where the decision has been subsequently referred to by any court in Pennsylvania. A feature which, it is believed, will add much to the utility of these Reports, is the notes, indicating other cases in which the same or cognate principles may be found, or which suggest judicial or statutory qualifications and modifications. For ease of reference each volume contains an index both to the cases and the notes therein; and a general index or digest of all the volumes accompanies the series. CARLISLE, PA., 1904. S. B. SADLER. JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA DURING THE PERIOD OF THESE REPORTS CHIEF JUSTICES HON. ULYSSES MERCUR (died June 6, 1887) ASSOCIATE JUSTICES HON. ISAAC G. GORDON (to July 14, 1887) HON. JOHN TRUNKEY (died June 24, 1888) HON. HENRY GREEN HON. SILAS M. CLARK HON. HENRY W. WILLIAMS (commissioned August 19, 1887) ATTORNEY GENERALS HON. LEWIS C. CASSIDY (to January 17, 1887) HON. WILLIAM S. KIRKPATRICK (from January 18, 1887) |