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 21Kay & Brother, 1888 |
Outras edições - Ver tudo
Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 5 Visualização integral - 1878 |
Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 31 Visualização integral - 1898 |
Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 30 Visualização integral - 1892 |
Palavras e frases frequentes
action affidavit affirmed agreement alleged amount answer Appeal appellee apply assignment of error Assumpsit averment award Bank bill bonds charge Charles claim Common Pleas contract County Court Court of Equity creditors Cyrus Avery damages debt deceased decree deed defendant in error defendant's dollars entered entitled equity evidence executor facts February 27 fendant filed follows held indorsed injury inter alia interest interpleader issue John Judge judgment jury Kinports land liable lien lumber March 19 mechanic's lien ment mortgage negligence owner paid parties payment Pennsylvania person petition Phila Philadelphia Philadelphia County plaintiff in error premises purchase Quarter Sessions question Railroad Company real estate reason recover refused road rule scire facias sheriff sheriff's sale Smith statute Street subrogation sustained testator testimony thereof tion took this writ tract trial TRUNKEY trust verdict WEEKLY NOTES wife William
Passagens conhecidas
Página 338 - It may be that it is the obnoxious thing in its mildest and least repulsive form ; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed.
Página 37 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Página 161 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 338 - This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen and against any stealthy encroachments thereon.
Página 333 - 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.
Página 154 - Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators -or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments...
Página 38 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 346 - ... the General Assembly shall, by general law, designate the courts and judges by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto...
Página 308 - The General Assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revokable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this State, in such manner, however, that no injustice shall be done to the corporators.
Página 295 - a communication to be privileged must be made upon a proper occasion, from a proper motive, and must be based upon reasonable or probable cause. When so made, in good faith, the law does not imply malice from the communication itself, as in the ordinary case of libel. Actual malice must be proved before there can be a recovery. And whether a communication be privileged or not is a question for the court, not the jury.