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action agreed agreement alleged allowed amount Appeal applied assignment authority bank bill bond building cause charge claim common complainant consideration considered construction contract court creditors damages death debt decree deed defendant directed duty effect entered entitled error evidence exceptions execution fact filed firm follows give given grant ground hands held husband injury intention interest issue judge judgment jury justice land lien March matter ment mortgage nature necessary notice opinion owner paid parties passed payment Pennsylvania person plaintiff pleas possession present proceedings provides purchase question railroad reason received record recover referred road rule statute street sufficient suit Supreme Court taken tion town trial trust wife witness
Page 39 - 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 336 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 181 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 209 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part...
Page 233 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Page 394 - So, if an estate be given to a person generally, or indefinitely, with a power of disposition, it carries a fee ; unless the testator gives to the first taker an estate for life only, and annexes to it a power of disposition of the reversion. In that case, the express limitation for life will control the operation of the power, and prevent it from enlarging the estate to a fee.
Page 209 - Together with all and singular the , ways, waters, water courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim, and demand whatsoever of the said parties of the first part in law, equity or otherwise howsoever, of, in, and to the same and every part thereof.
Page 55 - On a rule for judgment for want of a sufficient affidavit of defense • the court below entered judgment for plaintiff (see opinion filed) for the larger part of his claim.
Page 333 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other": Currie v Misa (1875) LR 10 Exch 153 at 162.