The Atlantic Reporter, Volume 106West Publishing Company, 1919 |
From inside the book
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Page 17
... DUTY . - EXISTENCE OF RIGHT To warrant issuance of writ of mandamus in any case , petitioner's right must be clear , and the public duty sought to be enforced must be clear and specific . 3. MANDAMUS 87 - ACTION BY ADMINISTRA- TIVE ...
... DUTY . - EXISTENCE OF RIGHT To warrant issuance of writ of mandamus in any case , petitioner's right must be clear , and the public duty sought to be enforced must be clear and specific . 3. MANDAMUS 87 - ACTION BY ADMINISTRA- TIVE ...
Page 18
... duty in the premises , in taking notice of the fact that a state of war exists between the United We are inclined , therefore , to deny the writ . But since the question presented is one of public importance , at the present juncture we ...
... duty in the premises , in taking notice of the fact that a state of war exists between the United We are inclined , therefore , to deny the writ . But since the question presented is one of public importance , at the present juncture we ...
Page 52
... duty to compensate the complainant . The prayer for an accounting of the profits de- rived by the use of the process does not of itself give jurisdiction to this court . Pom- eroy's quity Jurisprudence , vol . 1 , §§ 176 , 178 , and ...
... duty to compensate the complainant . The prayer for an accounting of the profits de- rived by the use of the process does not of itself give jurisdiction to this court . Pom- eroy's quity Jurisprudence , vol . 1 , §§ 176 , 178 , and ...
Page 68
... duty to carry in white clay to be worked by the jiggerman . This clay he placed on the bench at which the jiggerman worked . Underneath the bench at which the jiggerman and another employé known as the batteroutman worked was closed ...
... duty to carry in white clay to be worked by the jiggerman . This clay he placed on the bench at which the jiggerman worked . Underneath the bench at which the jiggerman and another employé known as the batteroutman worked was closed ...
Page 75
... duties and liabilities were under the agreement of November 9 , 1910 . The court below entered a decree for plain- tiff ... duty to apply it in payment of the mortgage interest and the Wingert note ; and ( 3 ) the agreement of November 9 ...
... duties and liabilities were under the agreement of November 9 , 1910 . The court below entered a decree for plain- tiff ... duty to apply it in payment of the mortgage interest and the Wingert note ; and ( 3 ) the agreement of November 9 ...
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Common terms and phrases
accident action affirmed agreement alleged Allegheny County appeal appellee application assignment authority Baltimore City bill certiorari charge claim Common Pleas compensation complainant contract corporation counsel Court of Chancery court of equity creditors damages death debt deceased decree deed defendant defendant's Digests and Indexes election EMINENT DOMAIN employé entitled equity evidence execution executor fact fendant filed held indictment injury issue Jersey Jersey City judge judgment jury justice Key-Numbered Digests land liability Linthicum Heights ment mortgage motion Mowser N. J. Eq N. J. Law negligence Newark opinion owner paid party wall payment Pennsylvania person petitioner Pittsburgh plaintiff proceedings purchase quantum meruit question reason receiver rule statute stockholders suit Superior Court Supreme Court testator testimony thereof tion topic and KEY-NUMBER town tract trial trust verdict vote wife
Popular passages
Page 56 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 231 - ... is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void.
Page 177 - The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done.
Page 312 - Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon the receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder.
Page 96 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 275 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 356 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 105 - means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the materials or articles...
Page 266 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection...
Page 279 - Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health and property of the citizens, and to the preservation of good order and the public morals.