Reports of Cases Adjudged in the Court of Common Pleas of the First Judicial District of Pennsylvania [1801-1814], Volume 2J. Maxwell, 1813 |
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Page 35
... statute of limitations . Levy for the defendant , contended , that these expressions did not take the case out of the statute . He said , that soon after the statute of James . ( a ) it had been decided in England , that a new promise ...
... statute of limitations . Levy for the defendant , contended , that these expressions did not take the case out of the statute . He said , that soon after the statute of James . ( a ) it had been decided in England , that a new promise ...
Page 36
... statute of limitations was not to be favoured ; that courts of justice , and especially those of our own country , had leaned against it . In Whitcomb against Whiting , ( d ) the court laid down the position , that the law raises the ...
... statute of limitations was not to be favoured ; that courts of justice , and especially those of our own country , had leaned against it . In Whitcomb against Whiting , ( d ) the court laid down the position , that the law raises the ...
Page 37
... statute of limitations , which is a positive bar to the claim after the ex- piration of six years ; so much so , that although the court and jury should think , that in reality the debt has never been paid , they are bound by the law ...
... statute of limitations , which is a positive bar to the claim after the ex- piration of six years ; so much so , that although the court and jury should think , that in reality the debt has never been paid , they are bound by the law ...
Page 56
... statute of limitations . payee . the plaintiff might recover on a count for money had and received . lieved there Milnor , for the defendant , contended , that Lorain had placed the note in the hands of the broker to be sold without ...
... statute of limitations . payee . the plaintiff might recover on a count for money had and received . lieved there Milnor , for the defendant , contended , that Lorain had placed the note in the hands of the broker to be sold without ...
Page 57
... statute of limitations he replied , that this action arose out of a fraud , in which case the statute is no bar . ( b ) PER CURIAM . Hemphill , president , To the Jury , ( after stating the case , ) This case is novel in its nature ...
... statute of limitations he replied , that this action arose out of a fraud , in which case the statute is no bar . ( b ) PER CURIAM . Hemphill , president , To the Jury , ( after stating the case , ) This case is novel in its nature ...
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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.