Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Volume 2J. Kay, Jun. & Brother, 1835 - Law reports, digests, etc |
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Common terms and phrases
acres act of assembly administrator aforesaid agreement alleged amount appear assigned assumpsit Aughinbaugh bank bar iron Binn bond Bradford county canal cause Centre county charged the jury cited claim common pleas commonwealth contract conveyance conveyed court of equity Court was delivered creditors Cumberland county Dauphin county debt deceased declaration decree deed defendant in error defendant's deputy surveyor dollars entered equity execution executor fact favour fieri facias fraud given grant ground heirs Huntingdon county indorsed interest intestate issue John Judgment reversed justice levied lien M'Call ment mortgage objection opinion orphan's court owner paid parol parties payment Penns person plaintiff in error possession presumption principle proceedings purchase money quarter sessions question Rawle scire facias Serg settlement sheriff sold statute suit surety survey term testator thereof Thomas Robins tion township tract of land trial trustee vendee verdict warrant William witness writ of error
Popular passages
Page 159 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Page 25 - And the reason why the law allows this private and summary method of doing one's self justice, is because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, require an immediate remedy, and cannot wait for the slow progress of the ordinary forms of justice.
Page 150 - ... to prevent taking surreptitious advantage of the weakness or necessity of another ; which knowingly to do is equally against conscience as to take advantage of his ignorance...
Page 226 - But if it appear to the jury that the plaintiff is overpaid, then they shall give in their verdict for the defendant, and withal certify to the court how much they find the plaintiff to be indebted or in arrear to the defendant, more than will answer the debt or sum demanded...
Page 211 - The rule of presumption, when traced to its foundation, is a rule of convenience and policy, the result of a necessary regard to the peace and security of society.
Page 123 - Independent of this technical inhibitory principle, -which, however, is decisive, it would provoke much useless litigation, and be attended with great practical mischief, if an owner out of possession were suffered to harass the actual occupant with an action for every blade of grass cut, or bushel of grain grown by him, instead of being compelled to resort to the action for mesne profits, after a recovery in ejectment, by which compensation for the whole injury may be had at one operation.
Page 494 - ... our Heirs, Executors, and Administrators, and every of them, firmly by these Presents.
Page 299 - Neff , his attorney, comes and defends the wrong and injury when, &c., and says that...
Page 175 - ... on such hearing, or on the report of any such person, that anything has been done or omission made, in violation or contravention of this Act, by such company or companies, it shall be lawful for such court or judge to issue a writ of injunction or interdict, restraining such company or companies from further continuing such violation or contravention of this Act, and...
Page 198 - ... if the point in issue can be concluded out of the finding, the court shall work the verdict into form, and make it serve according to the justice of the case.