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 12Kay & Brother, 1883 - Law reports, digests, etc |
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action affirmed agent agreement alleged amount answer Appeal application April 18 April 24 assessment assigning for error Asso Assumpsit auditor authority bank Barr bill bond Casey charge charter claim Common Pleas Commonwealth contract corporation County Court court of equity creditors damages death debts decree deed defendant in error duty entitled equity evidence execution executors facts fendant filed fraud fund garnishee held intended inter alia interest issue John judgment jury land legacy liable lien March 17 ment mortgage negligence nonsuit Norris notice opinion owner paid parties payment person Phila Philadelphia plaintiff in error possession purchase purchase-money Quarter Sessions question railroad real estate recover refused resulting trust rule scire facias shares sheriff's sale Smith sold statute stockholders Street suit testimony thereof tiff tion took this writ trust verdict WEEKLY NOTES widow wife witness
Popular passages
Page 325 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 427 - Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement.
Page 196 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.
Page 276 - But there is a moral or homicidal insanity, consisting of an irresistible inclination to kill, or to commit some other particular offence. There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance. The doctrine which acknowledges this mania is dangerous in its relations, and can be recognized only in the clearest cases. It ought to be...
Page 280 - And be it enacted, That wherever, in the construction of said road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the...
Page 250 - ... to any death or disability which may have been caused wholly or in part by bodily infirmities or disease existing prior or subsequent to the date of the certificate, . . . nor to any case except where the Injury is the proximate or sole cause of the disability or death.
Page 53 - If the case had been submitted to the jury upon the testimony introduced, and a verdict had been returned for the plaintiff, it would have been the duty of the court to set it aside for want of any evidence to warrant it.
Page 20 - ... but in no case amounting to more than a circumstance of suspicion, demanding the vigilant care and circumspection of the court in investigating the case, and calling upon it not to grant probate without full and entire satisfaction that the instrument did express the real intentions of the deceased.
Page 299 - Yet the decision of the ordinary that the person on whose estate he acts is dead, if the fact be otherwise, does not invest the person he may appoint with the character or powers of an administrator. The case, in truth, was not one within his jurisdiction. It was not one in which he had a right to deliberate. It was not committed to him by law. And although one of the points occurs in all cases proper for his tribunal, yet that point cannot bring the subject within his jurisdiction.
Page 441 - The failure of memory is not sufficient to create incapacity unless it be total, or extend to the immediate family or property. The want of recollection of names is one of the earliest symptoms of the decay of the memory ; but this failure may exist to a very great degree, and yet 'the solid power of the understanding