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 15
Kay & Brother, 1885 - Law reports, digests, etc
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Act of April action affidavit alleged amount Appeal apply April 22 assessment assignment of error assumpsit Bank Barr Berks County bill bond Casey certiorari charge claim codicil Common Pleas Commonwealth contract corporation costs County Court court of equity creditors damages death debt deceased decedent declared decree deed defendant in error defendant's entered entitled equity evidence execution executor facts fee simple filed follows granted held husband indorser intention inter alia interest issue John Judge judgment jury land liable lien Luzerne County March March 28 ment mortgage Norris opinion owner paid parties partnership payment Pennsylvania person Phila Philadelphia plaintiff in error premises purchase question real estate record recover refused road rule scire facias sheriff Smith statute stockholders Street testimony thereof Thomas Beck tion took this writ township tract trial trust verdict Weekly Notes wife witness
Page 236 - 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 26 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 42 - 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 11 - It seems to me a clear result of all the authorities that wherever the parties, by their contract, intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor, or not, or if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto, against the latter, and all persons asserting a claim thereto, under...
Page 231 - The total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time exceed onetenth part of the amount of the capital stock of such association actually paid in.
Page 474 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 477 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Page 8 - ... mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract, and afterwards becomes possessed of property answering the description in the contract, there is no doubt that a court of equity would compel him to perform the contract, and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.
Page 246 - No man has a right to throw wood or stones into the street at his pleasure. But inasmuch as fuel is necessary, a man may throw wood into the street for the purpose of having it carried to his house, and it may lie there a reasonable time. So, because building is necessary, stones, bricks, lime, sand, and other materials may be placed in the street, provided it be done in the most convenient manner.
Page 54 - That no part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him, or paid or transferred to him in the shape of dividends, profits or otherwise, at any time during the continuance of the partnership...