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 86
Page 6
... 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 testimony of defendants ' witnesses , | Oct. & Nov. '80 , 292 ...
... 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 testimony of defendants ' witnesses , | Oct. & Nov. '80 , 292 ...
Page 10
... suit . notice of the dangerous condition of said machinery , is in the ordinary course of his employment injured by the breaking thereof ; in a suit by the employé against the employer to recover damages for the injury done him , al ...
... suit . notice of the dangerous condition of said machinery , is in the ordinary course of his employment injured by the breaking thereof ; in a suit by the employé against the employer to recover damages for the injury done him , al ...
Page 14
... suit , and in refusing to take it off . Judgment reversed , and a procedendo awarded . Opinion by MERCUR , J. Oct. & Nov. '81 , 106 . Seaman v . Commonwealth . Sunday laws - Act of April 22 , 1794 ( 3 Sm . L. 177 ) - What sufficient ...
... suit , and in refusing to take it off . Judgment reversed , and a procedendo awarded . Opinion by MERCUR , J. Oct. & Nov. '81 , 106 . Seaman v . Commonwealth . Sunday laws - Act of April 22 , 1794 ( 3 Sm . L. 177 ) - What sufficient ...
Page 15
... suit on Tender of the unearned premium was made after the the policy . The Court below submitted to the jury the question whether the plaintiff had voluntarily and under- standingly received the due bill in payment , instructing them ...
... suit on Tender of the unearned premium was made after the the policy . The Court below submitted to the jury the question whether the plaintiff had voluntarily and under- standingly received the due bill in payment , instructing them ...
Page 20
... suit must be brought in their name by leave of the Court , and not in that of the corporation - Affidavit of defence setting up matter in abatement— When it destroys the action . Rule for judgment for want of a sufficient affidavit of ...
... suit must be brought in their name by leave of the Court , and not in that of the corporation - Affidavit of defence setting up matter in abatement— When it destroys the action . Rule for judgment for want of a sufficient affidavit of ...
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Common terms and phrases
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.