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according action admitted affirmed agreed agreement alleged Allegheny amount answer Appeal applied assigned attachment authority bank Barr bill bond brought cause charge claim Common Pleas Commonwealth consideration contract counsel court creditors damages death debt decree deed defendant delivered directed discharge effect entered entitled error evidence exceptions execution executors fact favour fraud give given ground hands Harris heirs held intention interest issued James John judge judgment jury land lien March ment necessary notice objection offered opinion owner paid parties payment person plaintiff possession present proceedings proof prove purchase question Railroad reason received record recover refused relation road rule share sold statute sufficient suit taken tenant tion tract trial verdict whole wife witness writ
Page 231 - All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent...
Page 507 - Thus, if a man, having a title to an estate, which is offered for sale, and knowing his title, stands by and encourages the sale, or does not forbid it, and thereby another person is induced to purchase the estate, under the supposition that the title is good, the former, so standing by, and being silent, will be bound by the sale, and neither he nor his privies will...
Page 232 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 233 - That every will shall be in writing, and unless the person making the same .shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence, and by his express direction, and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise such will shall be of no effect.
Page 149 - The liability to pay the instalments is shifted from the outgoing to the incoming shareholder. A privity is created between the two by the assignment of the one and the acceptance of the other, and also between them and the corporation ; for it would be absurd to say, upon general reasoning, that, if the original subscribers have the power of assigning their shares, they should, after disposing of them, be liable to the burdens which are thrown upon the owners of the stock.
Page 467 - Express contracts are where the terms of the agreement are openly uttered and avowed at the time of the making ; as, to deliver an ox, or ten load of timber, or to pay a stated price for certain goods. Implied are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform...
Page 276 - A third kind of fraud is that which may be presumed from the circumstances and condition of the parties contracting; and this goes further than the rule of law, which is, that it must be proved, not presumed...
Page 276 - ... court to prevent taking surreptitious advantage of the weakness or necessity of another ; which knowingly to do is equally against conscience as to take advantage of his ignorance ; a person is equally unable to judge for himself in one as the other.
Page 467 - From these express contracts the transition is easy to those that are only implied by law. Which are such as reason and justice dictate, and which therefore the law presumes that every man has contracted to perform ; and, upon this presumption, makes him answerable to such persons as suffer by his non-performance.
Page 151 - ... shall have been so transferred, shall be a member of said corporation, and have and enjoy all the immunities, privileges and franchises, and be subject to all the liabilities, conditions and penalties incident thereto, in the same manner as the original subscriber would have been : Provided, That no certificate shall be transferred, so long as the holder thereof is indebted to said company, unless the board of directors shall consent thereto.