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 11Kay & Brother, 1882 - Law reports, digests, etc |
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Results 1-5 of 91
Page 6
... Held , that the Court below properly directed a non- suit . evidence of the insolvency of the mortgagor at time of the Held further , that in the absence of allegations of fraud , timber sale was properly excluded . believe the ...
... Held , that the Court below properly directed a non- suit . evidence of the insolvency of the mortgagor at time of the Held further , that in the absence of allegations of fraud , timber sale was properly excluded . believe the ...
Page 7
... held that nor abridge the rights of the mortgagee . Had an action on the case for waste will lie by a the plaintiff proposed to prove a fraudulent com- mortgagee against a stranger for removing ma- bination between Douglass and the ...
... held that nor abridge the rights of the mortgagee . Had an action on the case for waste will lie by a the plaintiff proposed to prove a fraudulent com- mortgagee against a stranger for removing ma- bination between Douglass and the ...
Page 11
... held to the rule of rea- sonable care , and may be able to satisfy a jury that he has done all that such a rule requires . All we decide is that the evidence was sufficient to carry the case to a jury . Judgment reversed and a venire ...
... held to the rule of rea- sonable care , and may be able to satisfy a jury that he has done all that such a rule requires . All we decide is that the evidence was sufficient to carry the case to a jury . Judgment reversed and a venire ...
Page 13
... held that one who void it is by reason of the Act of 22d April , 1794. had erected an obstruction in a navigable stream That Act declares " if any person shall do or whereby the boat and cargo of another were perform any worldly ...
... held that one who void it is by reason of the Act of 22d April , 1794. had erected an obstruction in a navigable stream That Act declares " if any person shall do or whereby the boat and cargo of another were perform any worldly ...
Page 15
... Held ( affirming the judgment of the Court below ) , that under all the circumstances of the case there was enough to justify its submission to the jury , and that the instruc- tion was correct . Error to the Common Pleas of Wayne ...
... Held ( affirming the judgment of the Court below ) , that under all the circumstances of the case there was enough to justify its submission to the jury , and that the instruc- tion was correct . Error to the Common Pleas of Wayne ...
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Act of April action affidavit affirmed alleged amount Appeal appellee April 22 assigning for error Assumpsit averred Bank Barr bill bond Casey charge claim common law Common Pleas Commonwealth complainant contract corporation County court of equity creditors damages debt deceased decedent decree deed defendant in error defendant's election entitled equity evidence execution executors facts fendant filed fraud fund garnishees held inter alia interest issue Judge judgment June 16 jurisdiction jury land liable lien March March 20 ment mortgage Norris opinion owner paid parties payment Pennsylvania person petition petitioner Phila Philadelphia Philadelphia County plaintiff in error premises proceedings Quarter Sessions question Railroad Company real estate received recover refused rent road rule scire facias sheriff's sheriff's sale Smith statute subrogation suit taxes testator testimony thereof tion took this writ trial trust verdict WEEKLY NOTES
Popular passages
Page 46 - 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 298 - 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 121 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 121 - That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused...
Page 188 - 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 reenacted, and published at length.
Page 153 - 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 94 - After verdict for the plaintiff a motion was made in arrest of judgment, on the ground that the plaintiff was a stranger to the consideration.
Page 347 - And the reason why the law allows this private and summary method of doing one's self justice, is because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, require an immediate remedy, and cannot wait for the slow progress of the ordinary forms of justice.
Page 242 - To justify a court in pronouncing an act of the legislature unconstitutional and void, either in whole or in part, it must be able to vouch some exception or prohibition clearly expressed or necessarily implied. To doubt is to be resolved in favor of the constitutionality of the act.
Page 62 - I mean the due regulation and domestic order of the kingdom, whereby the individuals of the state, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood and good manners, and to be decent, industrious and inoffensive in their respective stations.