Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania, Volume 38Kay & Brother, 1896 - Law reports, digests, etc |
From inside the book
Results 1-5 of 95
Page 4
... sufficient affidavit of defence : Held , to be error . The prohibition of the Act of April 11 , 1862 , as to any defence which might have been set up on appeal to the board of mercantile appraisers where the defendant has neglected to ...
... sufficient affidavit of defence : Held , to be error . The prohibition of the Act of April 11 , 1862 , as to any defence which might have been set up on appeal to the board of mercantile appraisers where the defendant has neglected to ...
Page 11
... sufficiently strong to establish as a matter of law that the intention of the par- ties was that time should be regarded as of the essence of the contract , nevertheless they are clearly sufficient to warrant such a finding by a would ...
... sufficiently strong to establish as a matter of law that the intention of the par- ties was that time should be regarded as of the essence of the contract , nevertheless they are clearly sufficient to warrant such a finding by a would ...
Page 15
... sufficient to warrant the amount named in the verdict . It is not questioned that all that was said by the learned Judge , in relation to the measure of damages , was strictly correct , but it is urged that he did not say enough ; that ...
... sufficient to warrant the amount named in the verdict . It is not questioned that all that was said by the learned Judge , in relation to the measure of damages , was strictly correct , but it is urged that he did not say enough ; that ...
Page 18
... sufficient tion , the question of benefits could be thrown to say , that it is a mere deduction or inference into the jury box . It would introduce into from the other facts alleged , which derives no municipal government a novel and ...
... sufficient tion , the question of benefits could be thrown to say , that it is a mere deduction or inference into the jury box . It would introduce into from the other facts alleged , which derives no municipal government a novel and ...
Page 27
... sufficient to sustain the conclusion of fraud in law any more than in fact . If appellant had been a volunteer the result would have been dif- ferent . But he was a bona fide creditor to a large amount , with still greater contingent ...
... sufficient to sustain the conclusion of fraud in law any more than in fact . If appellant had been a volunteer the result would have been dif- ferent . But he was a bona fide creditor to a large amount , with still greater contingent ...
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Common terms and phrases
action affidavit of defence affirmed agreement alleged Allegheny County amount appellee application April April 13 assignment of error assumpsit auditor averred Bank bill borough building Cambria county cent charge claim Clark Common Pleas Commonwealth contract corporation Court of equity creditors damages debt decree deed defendant defendant's dollars duty endorsed entered entitled equity evidence facts Fayette County feet fendant filed fraud held injury interest John Miner judgment July 15 jury land lease liability license lien March 16 ment mortgage negligence notice opinion owner paid parties payment person Phila Philadelphia Philadelphia County plaintiff purchase question reason recover refused road rule scire facias sheriff sheriff's sale statute street suit Supreme Court Susquehanna booms sustained testator testimony thereof tiff tion took this appeal trial trust verdict WEEKLY NOTES witness
Popular passages
Page 51 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 330 - ... no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred shall be re-enacted and published at length...
Page 124 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 367 - ... and shall furnish, if required, verified plans and specifications of any building, fixtures or machinery destroyed or damaged ; and shall also, if required, furnish a certificate of the magistrate or notary public (not interested In the claim as a creditor or otherwise...
Page 117 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 341 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 129 - If any execution shall have been issued against the property or effects of a corporation, except a railway or a religious or charitable corporation, and there cannot be found any property whereon to levy such execution, then execution may be issued against any of the stockholders, to an extent equal in amount to the amount of stock by him or her owned, together with any amount unpaid thereon...
Page 438 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 437 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Page 367 - ... within sixty days after the fire, unless such time Is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the Insured as to the time and origin of the fire; the Interest of the insured and of all others in the property; the cash value of each Item thereof, and the amount of loss thereon...