Reports of Cases Adjudged in the Court of Common Pleas of the First Judicial District of Pennsylvania [1801-1814], Volume 2J. Maxwell, 1813 |
From inside the book
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Page 17
... ground . Before the instrument can be admitted as evidence , it is incumbent on the defendant to shew , that Crou- sillat was authorized , by deed , to execute a release for Ran- kin . Evidence rejected . * against COOPER , A BOUTLIER ...
... ground . Before the instrument can be admitted as evidence , it is incumbent on the defendant to shew , that Crou- sillat was authorized , by deed , to execute a release for Ran- kin . Evidence rejected . * against COOPER , A BOUTLIER ...
Page 18
... ground that ward of arbi- it was not entered within the time prescribed by the Arbi- trators is en- tration Act . which an a tered , is in- cluded in the He contended , that the day on which the award was filed twenty days , in the ...
... ground that ward of arbi- it was not entered within the time prescribed by the Arbi- trators is en- tration Act . which an a tered , is in- cluded in the He contended , that the day on which the award was filed twenty days , in the ...
Page 20
... ground that the de- Quere , if the bail is thereby fendants were not in court , special bail not having been en- tered at the time the rules of arbitration were entered by the plaintiff . waved ? He contended , that the defendant's ...
... ground that the de- Quere , if the bail is thereby fendants were not in court , special bail not having been en- tered at the time the rules of arbitration were entered by the plaintiff . waved ? He contended , that the defendant's ...
Page 29
... grounds . 1st . That the verdict was against the evidence . 2ndly . That it was contrary to law , and 3dly . That the court , in their charge , had misdirected the jury . It was argued by Condy for the defendants , and Browne for the ...
... grounds . 1st . That the verdict was against the evidence . 2ndly . That it was contrary to law , and 3dly . That the court , in their charge , had misdirected the jury . It was argued by Condy for the defendants , and Browne for the ...
Page 33
... ground then can his estate be rendered liable , when the remedy at law was extinguished as to him ? And in equity a surety is not chargeable further than he is answerable at law . ( c ) * See the case of Thomas against Frazer , 3 Vesey ...
... ground then can his estate be rendered liable , when the remedy at law was extinguished as to him ? And in equity a surety is not chargeable further than he is answerable at law . ( c ) * See the case of Thomas against Frazer , 3 Vesey ...
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Reports of Cases Adjudged in the Court of Common Pleas of the First Judicial ... Peter Arrell Browne No preview available - 2020 |
Common terms and phrases
act of assembly admitted affidavit aforesaid appear apprentice arbitration arrest assigned assumpsit attorney bond building cause of action charge City and County claim commencement common law Common Pleas CONSEQUA considered contended contract costs counsel County of Philadelphia Court of Common CURIAM damages debt declaration defendant demand discharged District Court entered evidence execution executors favour filed foreign attachment garnishee granted ground Hemphill hundred dollars Ibid issue John Alderson JOHN DIEHL JOHN TOWERS judge judgment jury justice legislature libel lien malice malicious prosecution March ment mortgage Munns objection OLYMPIC THEATRE opinion paid party payment Pennsylvania person plaintiff plea in abatement pleaded President principle prosecution prothonotary question reason received recover remedy replevin rule to shew scire facias sheriff shew cause special bail statute suit term testator Thomas Biddle thousand eight hundred tiff tion trespass trial verdict wager warrant witness words writ
Popular passages
Page 221 - It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the state or territory where such court is at the time held, one year at least...
Page 200 - Co. is far from any extravagancy, for it is a very reasonable and true saying, that if an act of parliament should ordain that the same person should be party and judge, or, which is the same thing, judge in his own cause, it would be a void act of parliament; for it is impossible that one should be judge and party, for the judge is to determine between party and party, or between the government and the party; and an act of parliament can do no wrong, though it may do several things that look pretty...
Page 82 - I hat may arise in consequence of a seizure or detention, for or on account of any illicit or prohibited trade, or any trade in articles contraband of war; but that the lenders shall be liable to losses and averages, and entitled to the benefit of salvage, in the same manner, to all intents and purposes, as underwriters on a policy of insurance, according to the usages and practices in the city of New York ; and that in like manner the borrowers shall be subject to all the duties imposed on the assured,...
Page 222 - Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same.
Page 255 - ... costs and charges, when so levied, shall be paid, the one half to the informer, and the other half to the overseers...
Page v - Assigns, for the which payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this 23d day of May AD l8l2.
Page 216 - That 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...
Page 166 - In trespass, if one whom the plaintiff designed to make use of as a witness be by mistake made a defendant, the court will, on motion, give leave to omit him, and have his name struck out of the record, even after issue joined...
Page 95 - On the forfeiture of a bond, or its becoming single, the whole penalty was formerly recoverable at law; but here the courts of equity interposed, and would not permit a man to take more than in conscience he ought ; viz., his principal, interest, and expenses, in case the forfeiture accrued by non-payment of money borrowed ; the damages sustained, upon non-performance of covenants ; and the like. And the like practice having gained some footing in the courts of law, the statute 4 & 5 Ann.
Page 283 - ... been held to be waste in Henry the Seventh's time, as removing wainscot fixed only by screws, and marble chimney-pieces, is now allowed to be done. Coppers and all sorts of brewing vessels, cannot possibly be used without being as much fixed as fire-engines, and in brewhouses especially, pipes must be laid through the walls, and supported by walls ; and yet, notwithstanding this, as they are laid for the convenience of trade, landlords will not be allowed to retain them.