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 31
Kay & Brother, 1893 - Law reports, digests, etc
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action affirmed agreed agreement alleged amount answer Appeal appellee application assignment authority bank bill brought cause charge claim Common construction contract corporation County Court crossing damages death decree deed defendant directed duty easement effect entered entitled error evidence execution facts filed follows further give given grant ground held injury intended interest issue John Judge judgment jury land lease March matter means ment mortgage necessary negligence notice objection October offered officer operation opinion owner paid parties passed payment person Philadelphia plaintiff Pleas possession present proceedings purchase question railroad railway reason received record recover referred refused road rule side specifications street sustained taken testimony thereof tion track tract trust verdict witness
Page 382 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Page 384 - It must not be forgotten that you are not to extend, arbitrarily, those rules which say that a given contract is void as being against public policy ; because if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of justice.
Page 217 - ... on real estate, or of judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency or in contemplation thereof...
Page 127 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her...
Page 316 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 47 - ... needed for that purpose, and it shall be the duty of the Attorney General of the United States upon every application of the Secretary of the Interior under this act to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice.
Page 59 - C. ances unto the said parties of the second part, their heirs and assigns, to and for the only proper use and behoof of the said parties of the second part, their heirs and assigns forever.
Page 360 - Witnesseth: That the said party of the first part for and in consideration of the sum of five hundred dollars ($500.00), lawful money of the United States of America, to them in hand paid by the said party of the second part...
Page 471 - July, 1891, to show cause why judgment should not be entered for want of a sufficient affidavit of defence.
Page 408 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.