Pennsylvania State Reports, Volume 29West Publishing Company, 1858 - Law reports, digests, etc "Containing cases decided by the Supreme Court of Pennsylvania." (varies) |
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Page 43
... record except in the omission of the court to direct the jury to deduct the charges of transportation to Baltimore from the value of the property at that place . This is not assigned for error . But justice requires us to notice it . If ...
... record except in the omission of the court to direct the jury to deduct the charges of transportation to Baltimore from the value of the property at that place . This is not assigned for error . But justice requires us to notice it . If ...
Page 78
... record by leave of the court , and a declaration in cove- nant is filed , and issue also joined thereon , it will be presumed , after a trial upon the merits and verdict , that such new party and declaration were intro- duced by their ...
... record by leave of the court , and a declaration in cove- nant is filed , and issue also joined thereon , it will be presumed , after a trial upon the merits and verdict , that such new party and declaration were intro- duced by their ...
Page 80
... record . In the first place , John Hohman and Josiah M. Christy bring an action of assumpsit against the company , filing a declaration containing all the com- mon counts ; also a count for balance due on settlement ; the ten per cent ...
... record . In the first place , John Hohman and Josiah M. Christy bring an action of assumpsit against the company , filing a declaration containing all the com- mon counts ; also a count for balance due on settlement ; the ten per cent ...
Page 81
... record , introduced by consent , as we will presume , for the purpose of reaching the merits of the case . Here we have two declarations , with their respective pleas and issues , and no withdrawal of either ; and upon this confused and ...
... record , introduced by consent , as we will presume , for the purpose of reaching the merits of the case . Here we have two declarations , with their respective pleas and issues , and no withdrawal of either ; and upon this confused and ...
Page 105
... record , and if employed by the witnesses , related doubtless to the ordinary case of calling forth a witness , and not of awakening him from slumber . When the defendant was sworn before the inquest , he had neither been charged with ...
... record , and if employed by the witnesses , related doubtless to the ordinary case of calling forth a witness , and not of awakening him from slumber . When the defendant was sworn before the inquest , he had neither been charged with ...
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acres action affirmed agreement alleged Allegheny City Allegheny county amount Appeal April assigned assumpsit auditor award bank Barr bill bond charge Childs & Co claim Common Pleas Commonwealth contract counsel Court of Common court was delivered creditors damages debt debtor declarations decree deed defendant in error defendant's devise discharge dower ejectment entered entitled to recover equity Erie county evidence execution executors fact favour fraud garnishee Guthrie Harris heirs husband indictment interest issued James John John Ziegler judge judgment jury land levied liable lien ment Montour county mortgage notice opinion owner paid parol parties payment person Peter Peterson Peterson plaintiff in error possession prove purchase purchase-money question Railroad Company road rule scire facias sheriff sheriff's sale sold statute statute of limitations suit taxes tenant testator tion tract trial verdict versus viewers Watts wife William William Sturgeon witness Workman writ
Popular passages
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.