Reports of Cases Adjudged in the Supreme Court of Pennsylvania by Horace Binney, Volumen5William P. Farrand and Company, 1813 |
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Página 17
... action , since an executor could not be bailiff or receiver , especially a receiver for A of the estate of B , unless the case was brought within the act of assembly , which it was not here . That it was also defective in concluding to ...
... action , since an executor could not be bailiff or receiver , especially a receiver for A of the estate of B , unless the case was brought within the act of assembly , which it was not here . That it was also defective in concluding to ...
Página 21
... action of account render is given to a residuary legatee . We are bound to support the judgment , if possible , because the cause has been tried on its merits , and the legislature have shown great anxiety to overrule ex- ceptions ...
... action of account render is given to a residuary legatee . We are bound to support the judgment , if possible , because the cause has been tried on its merits , and the legislature have shown great anxiety to overrule ex- ceptions ...
Página 32
... action is expressly stated in the summons . It is for ser- vices rendered by the plaintiff through his son to the defen . dant . There was no occasion to be more particular . I am of opinion that the judgment of the Court of Com- mon ...
... action is expressly stated in the summons . It is for ser- vices rendered by the plaintiff through his son to the defen . dant . There was no occasion to be more particular . I am of opinion that the judgment of the Court of Com- mon ...
Página 35
... action of assumpsit was not a proper action to recover a specific money legacy . It should have been debt . 3. That the promise declared upon , was a personal pro- mise by the executor , in consideration of assets ; whereas the promise ...
... action of assumpsit was not a proper action to recover a specific money legacy . It should have been debt . 3. That the promise declared upon , was a personal pro- mise by the executor , in consideration of assets ; whereas the promise ...
Página 37
... action for a legacy under our act of assembly may not be supported against an executor personally . But suppose it ... action in his personal capacity , I should pause before I sanctioned the action . But that is not the case . The ...
... action for a legacy under our act of assembly may not be supported against an executor personally . But suppose it ... action in his personal capacity , I should pause before I sanctioned the action . But that is not the case . The ...
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Términos y frases comunes
acres act of assembly action agent amount appears assigned assumpsit bail Binn BRACKENRIDGE brought cause certiorari charge claim common law Common Pleas commonwealth considered contended contract counsel court of equity creditors damages death debt declaration deed defendant's discharge dollars entered entitled equity escheats evidence execution executors fact favour fee simple freight given grand-children ground heirs indictment insured intention interest issue John judge judgment jury justice laid land office lease legacy Lessee liable Lyle mandamus matter ment mortgage nonsuit notice opinion Orphan's Court paid parties patent payment persons Philadelphia plaintiff in error port possession principle proceedings purchase money question reason recover rule scire facias seal sheriff shew statute suit supposed survey taken tenancy in common testator TILGHMAN C. J. tion trespass trial United Irishmen venire verdict voyage warrant wife William Maclay words writ of error YEATES
Pasajes populares
Página ii - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 373 - ... no alien, who shall be a native citizen, denizen, or subject of any country, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall be then admitted to be a citizen of the United States.
Página ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Página 514 - And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the...
Página 558 - When our ancestors emigrated from England, they took with them such of the English principles as were convenient for the situation in which they were about to place themselves. It required time and experience to ascertain how much of the English law would be suitable to this country. By degrees, as circumstances demanded, we adopted the English usages, or substituted others better suited to our wants, till at length, before the time of the revolution, we had formed a system of our own, founded in...
Página 180 - ... chiefly for that the wages and allowances limited and rated in many of the said statutes are in divers places too small and not answerable to this time, respecting the advancement of prices of all things belonging to the said servants and labourers, the said laws cannot conveniently without the great grief and burden of the poor labourer and hired man be put in good and due execution...
Página 398 - Any order, writing, or act which makes an appropriation of a fund, amounts to an equitable assignment of the fund. The reason is, that the fund being a matter not assignable at law, nor capable of manual possession, an appropriation of it is all that the nature of the case admits of, and therefore it is held good in a court of equity.
Página 28 - Judge that exercises this jurisdiction acts as a court or judge of record, according to the course of the common law, a writ of error lies on their judgments; but, where they act in a summary method, or in a new course, different from the common law, there a writ of error lies not, but a certiorari...
Página 281 - It is not necessary that there should be actual force or violence to constitute an indictable offence. Acts injurious to private persons, which tend to excite violent resentment, and thus produce fighting and disturbance of the peace of society, are themselves indictable.
Página 22 - They have not, one of them a seisin of one half or moiety, and the other of the other moiety; neither can one be exclusively seised of one acre, and his companion of another; but each has an undivided moiety of the whole, and not the whole of an undivided moiety.