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 40Kay & Brother, 1897 - Law reports, digests, etc |
From inside the book
Results 1-5 of 84
Page 1
... ground for refusing a right of action dependent solely on foreign letters testa- " This was an action brought to recover the mentary is that it would be giving extra - terri- sum of $ 2400 , with interest , by John S. Hopkins , torial ...
... ground for refusing a right of action dependent solely on foreign letters testa- " This was an action brought to recover the mentary is that it would be giving extra - terri- sum of $ 2400 , with interest , by John S. Hopkins , torial ...
Page 2
... ground of comity alone . In Brodie v . Bickley , 2 Rawle , 431 , however , the statute was apparently overlooked entirely . GIBSON , C. J. , saying , " the authority of an administrator under letters granted in a sister State , to ...
... ground of comity alone . In Brodie v . Bickley , 2 Rawle , 431 , however , the statute was apparently overlooked entirely . GIBSON , C. J. , saying , " the authority of an administrator under letters granted in a sister State , to ...
Page 15
... ground of a new defence on after dis- covered evidence , when the defence was developed at the second trial and no effort was then made to take ad- vantage of it , will be dismissed . The petition in support of the motion alleged not ...
... ground of a new defence on after dis- covered evidence , when the defence was developed at the second trial and no effort was then made to take ad- vantage of it , will be dismissed . The petition in support of the motion alleged not ...
Page 16
... ground of defence based on after dis- has power to control , reverse , modify or over - covered evidence , and it was not a ground of turn its judgments . Evans v . Maury , 112 Pa . 300 . Johnson's Appeal , 114 Id . 132 . Silberman v ...
... ground of defence based on after dis- has power to control , reverse , modify or over - covered evidence , and it was not a ground of turn its judgments . Evans v . Maury , 112 Pa . 300 . Johnson's Appeal , 114 Id . 132 . Silberman v ...
Page 19
... ground for equitable relief . ings . It would have been error to refuse judg- ment , and if it were an ordinary judgment , it would have been equally erroneous to strike it off upon the allegations of the defendant's peti- Appeal of ...
... ground for equitable relief . ings . It would have been error to refuse judg- ment , and if it were an ordinary judgment , it would have been equally erroneous to strike it off upon the allegations of the defendant's peti- Appeal of ...
Contents
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257 | |
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289 | |
330 | |
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356 | |
357 | |
367 | |
382 | |
474 | |
486 | |
495 | |
513 | |
536 | |
577 | |
582 | |
591 | |
595 | |
598 | |
602 | |
609 | |
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Common terms and phrases
action affidavit affirmed agreement alleged amount appellee apply April April 12 assignment of error assumpsit auditor authority averred bank bill bond borough cause charge claim Common Pleas Commonwealth contract contributory negligence creditors crossing damages debt deceased decree deed defendant defendant's duty entitled equity evidence executors facts February 16 fee simple fendant filed fraud held inheritance tax injury intention James Bond Judge judgment jury Knarr land liable license lien March 16 ment milk mortgage negligence opinion owner paid parties payment person Phila Philadelphia Philadelphia County plaintiff purchase Quarter Sessions question Railroad railway real estate reason recover refused road rule Schuylkill County sold statute street sufficient Superior Court Supreme Court sustained testator testimony thereof tiff tion took this appeal township track trial trust verdict WEEKLY NOTES witness
Popular passages
Page 362 - If it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is...
Page 566 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 328 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 566 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or iu part by this policy...
Page 80 - ... on the principle that where a loss must be borne by one of two innocent persons, it shall be borne by him who occasioned it.
Page 362 - Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food...
Page 566 - ... if the hazard be increased by any means within the control or knowledge of the insured...
Page 376 - ... without the assent of the electors thereof at a public election in such manner as shall be provided by law...
Page 478 - This cause came on to be heard (or to be further heard, as the case may be) at this term, and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged, and decreed as follows, viz:" [Here insert the decree or order.] GUARDIANS AND PROCHEIN AMIS.
Page 362 - If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce...