Pittsburgh Legal Journal, Volume 39Allegheny County Bar Association, 1892 Containing reports from Pennsylvania judicial districts and other leading decisions. |
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Act of Assembly action affidavit affirmed agreement alleged Allegheny county amount Appeal applied assessment assignment of error assumpsit authority bank bill borough cars Central Passenger Railway charge claim Clark's executors coal Common Pleas Commonwealth contract Court of Common court of equity creditors damages death debt deceased decree deed defendant's duty entitled equity evidence execution executors fact fendant fraud garnishee George Shiras held injury issue J. W. Alexander John judgment jury land learned judge lease lessee liable lien ment mortgage negligence opinion owner paid parties payment person Philadelphia county Pittsburgh Legal Journal plaintiff purchase purpose Quarter Sessions question railroad real estate reason recover refused road rule sheriff specific statute street suit Supreme Court sustained testator testified testimony thereof tiff tion track tract trial trust verdict Washington county Westmoreland county wife witness
Popular passages
Page 66 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 162 - ... nor shall any such company or agent thereof make any contract of insurance or agreement as to such contract other than as plainly expressed in the policy issued thereon...
Page 428 - Know all men by these presents, that I, Hattie C. Ruddell, of the county of Beaufort and state of South Carolina, being in ill health but of sound and disposing mind and memory, do make and publish this, my last will and testament, hereby revoking all former wills by me at any time heretofore made...
Page 38 - 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; and we are not disposed to relax the rule.
Page 233 - ... to the residuary legatee or devisee, next of kin or heirs, according to law...
Page 22 - The question whether each particular case comes within the clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability on the part of the defendant or his property, except such as arises from his express promise.
Page 91 - They do not pretend to direct or control the foreign court, but, without regard to the situation of the subject-matter of the dispute, they consider the equities between the parties, and decree in personam according to those equities ; and enforce obedience to their decrees by process in personam.
Page 94 - No person hereafter convicted of embezzlement of public moneys, bribery, perjury, or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth.
Page 80 - In executing the processes of the courts, must they call on the nearest constable for protection ? must they rely on him to use the requisite compulsion, and to keep the peace, whilst they are soliciting and entreating the parties and bystanders to allow the law to take its course? This is the necessary consequence of the positions that are assumed.
Page 248 - One must be very careful in administering the law of joint stock companies not to press so hardly on honest directors as to make them liable for these constructive defaults, the only effect of which would be to deter all men of any property, and perhaps all men who have any character to lose, from becoming directors of companies at all. On the one hand, I think the Court should do its utmost to bring fraudulent directors to account, and, on the other hand, should also do its best to allow honest...