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
... principle of M'Cullough v . Guetner ( g ) . Duncan for the defendant in error , argued 1. That the devise in question was a tenancy in common ; for which he cited Addison's Rep . 327 , Sheppard v . Gibbons ( h ) , 2 Cruise 504 , 505. 2 ...
... principle of M'Cullough v . Guetner ( g ) . Duncan for the defendant in error , argued 1. That the devise in question was a tenancy in common ; for which he cited Addison's Rep . 327 , Sheppard v . Gibbons ( h ) , 2 Cruise 504 , 505. 2 ...
Página 30
... principle of law will warrant ; and I think it would be inconvenient and illegal to go further . We have never received parol evidence upon a writ of error to the Common Pleas . I am therefore against receiving the evi- dence now ...
... principle of law will warrant ; and I think it would be inconvenient and illegal to go further . We have never received parol evidence upon a writ of error to the Common Pleas . I am therefore against receiving the evi- dence now ...
Página 37
... principle . Let us now see how far this principle is supported by authority . In the case of Trewinian v . Howell , Cro . El . 91. , it was decided that assets in the hands of the executor , made a good consi- deration for his personal ...
... principle . Let us now see how far this principle is supported by authority . In the case of Trewinian v . Howell , Cro . El . 91. , it was decided that assets in the hands of the executor , made a good consi- deration for his personal ...
Página 38
... principle now contended for by the plaintiffs in error , I answer , that al- though I have thought it proper to trace that case to its con- clusion , yet no adjudication of a British court since the 4th of July 1776 is an authority here ...
... principle now contended for by the plaintiffs in error , I answer , that al- though I have thought it proper to trace that case to its con- clusion , yet no adjudication of a British court since the 4th of July 1776 is an authority here ...
Página 44
... principle not to be endured , unless a positive adjudication on the point could be produced in support of it . But the defendant in error relies on the gene- ral position to be found in some books of authority , that a man is liable to ...
... principle not to be endured , unless a positive adjudication on the point could be produced in support of it . But the defendant in error relies on the gene- ral position to be found in some books of authority , that a man is liable to ...
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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.