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 24
... trial on the merits , the party comes too late to question the declaration for informality ; but advantage should have been taken hereof by demurrer . I do not how- ever see such defect in point of form , according to our usual method ...
... trial on the merits , the party comes too late to question the declaration for informality ; but advantage should have been taken hereof by demurrer . I do not how- ever see such defect in point of form , according to our usual method ...
Page 25
... trial by jury again convicted . It was from the judgment of the Sessions upon this verdict , that the writ of error was brought . On behalf of the motion , it was contended , 1. That the proceeding being summary , and not according to ...
... trial by jury again convicted . It was from the judgment of the Sessions upon this verdict , that the writ of error was brought . On behalf of the motion , it was contended , 1. That the proceeding being summary , and not according to ...
Page 27
... trial by jury , just as if the suit had been commenced originally in that Court . Not so in the present instance . The intent of the act of assembly plainly appears , to bring these charges against supervisors of the highways to a ...
... trial by jury , just as if the suit had been commenced originally in that Court . Not so in the present instance . The intent of the act of assembly plainly appears , to bring these charges against supervisors of the highways to a ...
Page 28
... trial by jury without indictment . They have sued out a writ of error , and a motion has been made on the part of the Commonwealth to quash it . These proceedings have taken place under section 12 of the act of the 6th of April 1802 , 5 ...
... trial by jury without indictment . They have sued out a writ of error , and a motion has been made on the part of the Commonwealth to quash it . These proceedings have taken place under section 12 of the act of the 6th of April 1802 , 5 ...
Page 32
... trial , I see no reason why judgment might not be given . The juris- diction of the justice is derived from an act of assembly . He is not confined to any particular periods ; there are no fixed terms for holding his courts . The length ...
... trial , I see no reason why judgment might not be given . The juris- diction of the justice is derived from an act of assembly . He is not confined to any particular periods ; there are no fixed terms for holding his courts . The length ...
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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.