Reports of Cases Adjudged in the Supreme Court of Pennsylvania by Horace Binney, Volume 5William P. Farrand and Company, 1813 - Law reports, digests, etc |
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Page 3
... taken on behalf of the appellant , were 1. Matter of Law . That the proceedings were void , be- cause William Elliot , had not appeared by guardian , to the petition of John in 1799 ; —and also because the petition did not contain a ...
... taken on behalf of the appellant , were 1. Matter of Law . That the proceedings were void , be- cause William Elliot , had not appeared by guardian , to the petition of John in 1799 ; —and also because the petition did not contain a ...
Page 11
... taken , and the expense to which he has put his brother by this suit , I see no cause for reversing the decree of the Orphan's Court . My opinion therefore is that the sentence should be affirmed . YEATES J. I have no difficulty ...
... taken , and the expense to which he has put his brother by this suit , I see no cause for reversing the decree of the Orphan's Court . My opinion therefore is that the sentence should be affirmed . YEATES J. I have no difficulty ...
Page 12
... taken . The rise of landed property has been so rapid , particularly in this state , that unless gross palpable injustice has taken place , we cannot permit ourselves to take into consideration the amount it would now produce upon the ...
... taken . The rise of landed property has been so rapid , particularly in this state , that unless gross palpable injustice has taken place , we cannot permit ourselves to take into consideration the amount it would now produce upon the ...
Page 19
... taken . This accords with the common custom of the country , which is to make sale of the property of deceased persons at auction , and receive payment part in cash , and part in bonds or notes on a short credit . It is clear that the ...
... taken . This accords with the common custom of the country , which is to make sale of the property of deceased persons at auction , and receive payment part in cash , and part in bonds or notes on a short credit . It is clear that the ...
Page 22
... taken out letters of administration on her estate ? There is no doubt , but that there may be joint - tenants of personalties ; as where a horse is given to two , they are joint- tenants . But if one sells his share to another , this ...
... taken out letters of administration on her estate ? There is no doubt , but that there may be joint - tenants of personalties ; as where a horse is given to two , they are joint- tenants . But if one sells his share to another , this ...
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Common terms and phrases
acres act of assembly action agent amount appears assigned assumpsit bail Binn BRACKENRIDGE brought cause certiorari charge claim common law Common Pleas commonwealth considered contended contract counsel court of equity creditors damages death debt declaration deed defendant's discharge dollars entered entitled equity escheats evidence execution executors fact favour fee simple freight given grand-children ground heirs indictment insured intention interest issue John judge judgment jury justice laid land office lease legacy Lessee liable Lyle mandamus matter ment mortgage nonsuit notice opinion Orphan's Court paid parties patent payment persons Philadelphia plaintiff in error port possession principle proceedings purchase money question reason recover rule scire facias seal sheriff shew statute suit supposed survey taken tenancy in common testator TILGHMAN C. J. tion trespass trial United Irishmen venire verdict voyage warrant wife William Maclay words writ of error YEATES
Popular passages
Page ii - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Page 373 - ... no alien, who shall be a native citizen, denizen, or subject of any country, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall be then admitted to be a citizen of the United States.
Page ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Page 514 - And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the...
Page 558 - When our ancestors emigrated from England, they took with them such of the English principles as were convenient for the situation in which they were about to place themselves. It required time and experience to ascertain how much of the English law would be suitable to this country. By degrees, as circumstances demanded, we adopted the English usages, or substituted others better suited to our wants, till at length, before the time of the revolution, we had formed a system of our own, founded in...
Page 180 - ... chiefly for that the wages and allowances limited and rated in many of the said statutes are in divers places too small and not answerable to this time, respecting the advancement of prices of all things belonging to the said servants and labourers, the said laws cannot conveniently without the great grief and burden of the poor labourer and hired man be put in good and due execution...
Page 398 - Any order, writing, or act which makes an appropriation of a fund, amounts to an equitable assignment of the fund. The reason is, that the fund being a matter not assignable at law, nor capable of manual possession, an appropriation of it is all that the nature of the case admits of, and therefore it is held good in a court of equity.
Page 28 - Judge that exercises this jurisdiction acts as a court or judge of record, according to the course of the common law, a writ of error lies on their judgments; but, where they act in a summary method, or in a new course, different from the common law, there a writ of error lies not, but a certiorari...
Page 281 - It is not necessary that there should be actual force or violence to constitute an indictable offence. Acts injurious to private persons, which tend to excite violent resentment, and thus produce fighting and disturbance of the peace of society, are themselves indictable.
Page 22 - They have not, one of them a seisin of one half or moiety, and the other of the other moiety; neither can one be exclusively seised of one acre, and his companion of another; but each has an undivided moiety of the whole, and not the whole of an undivided moiety.