ute: but, to be effective for that purpose. the promise, whether express or implied, must be such as to identify the debt, either in express terms, or by reference to something by which its nature and amount can be definitely and certainly ascertained. Painter’s Appeal, (Pa.) 477.*
7. STATEMENT INsUFEICIENT.
A statement by a debtor: “I owe Dr. S. in borrowed money and doctor bill, and I mean tO pay him every cent I owe him. * * * I owe him a longstanding doctor bill of 20 or 25 years, and borrowed mone , not exceedin $1,000,”-—is too indefinite and uncertain to remove the bar 0 the statute. I .
See EQUITY, 14. STATUTES. See CONsTITUTIONAL LAw, 4-14.
STATUTES CITED AND CONSTRUED. ENGLAND21 .Ias. I. ch. 16. Statute of limita- 84 4 Anne, ch. 16. § 2. Judgments by
tions, default, 29 Car. II. ch. 7. Sunday law, 161, 162
UNITED STATEs. Constitution. Amend. 14. Equal rights under the law, 851. Revised Statutes. §§ 4785, 4786, 5485, (Act June 20, 1878.) Pensions—Attorney’s fees, 483. CONNECTICUT. Constitution.
Amend. 25. Power of legislature, 851 Bill of Rights, 5 11. Equal rights of citizens, 851
General Statutes. Page 872, § 5. Intestate estates—Distribution, 422. Session Laws 1882. Page 146, § 8, (St. 1882.) Appeal—Errors considered, 181.
Statutes. Acts 1878, ch. 58, § 5. Judgment lien Acts 1882, ch. 107, p. 178, pt. 6, §§ —Foreclosure, 193 1. 2, (St. 1882.) I n t 0 xi c a tin g Acts 1878, ch. 129, § 2. Mortgage— liquors—Delivery—Sale, 185-187 Foreclosure, 193 Acts April 4, 1884; March 26, 1885; Acts 1882, ch. 50, p. 144, § 4. Appeal 1886. City of Hartford—Railroad —N0tice—Filing, 197 crossing, 849, 850, 852 DELAWARE. Laws. Vol. 17, ch. 544. Laying out roads, 635. MAINE.
Revised Statutes. Ch. 17, §§ 1,12. Intoxicating liquors 875 Ch. 40, §§ 31, 43. Protection of miS
— ale—Nuisance, gratory fishes, 24,§2. Pauper supplies—Appli- 51, § 64. Railroad companies— cation for, 600 Liability for fires, 831 27, §§ 39, 40 et seq. Intoxicating 82, § 98, cl. 3. Witness—Nomiliquors—Seizure, 5, 789 nal Ilizarty, 871 27, § 48, (St. 1858, ch. 33, § 26; 82, § 120. eference—Costs, 836
1874, ch. 255; 1880, chs. 228, 247; 1885, ch. 366, § 6.) Disorderly conduct— Intoxication,
STATUTES CITED AND CONSTRUED—Continued.
Statutes. Acts Feb. 10, 1821, (1 Smith, Laws, St. 1867, ch. 66. Territory ceded to ch. 71, 3;) March 3, 1829, ch. 440; United States, 5 March , 1830, ch. 456; 1841; Aug. 7, 1849; 1863, ch. 211, § 2; March 13, 1883, ch. 212. Divorce, 827—829
Statutes. I Act 1825, ch. 117. Judgment, 534 Act 1872, ch. 425, §§ 1,2. Anna olis Act 1862, ch. 129. Riparian rights, and Elk Ridge Railroad om- 674, 675 pany, 174-176 Acts 1865, ch. 181, § 22; 1867, ch. Acts 1874, ch. 181,§23; 1880, ch. 198; 184, § 29; 1868, ch. 406, § 27; 1870, 1884, ch. 518, § 24; 1886, ch. 296, § ch. 364, § 27. Cultivating oysters 44. Oyster beds—Riparian own- —Citizens of state, 675, 676 ers, ' 675, 676 Act 1872, ch. 270. Husband and wife, 589, 591 MASSACHUSETTS. Statutes. Act March 16, 1786, § 3; 1810, ch. St. 1855, cap. 215. Intoxicating 119. Divorce—Extreme cruelty, liquors,
General Laws. Ch. 42, § 9. Tax collector— Re- 645 Ch. 138, §§1—3, 20. Homestead—Ex-
moval, ecution—M o r t g a g e s— 136, § 14. Mortgage—Foreclos- Husband and wife, 645, 648 ure—Possession, 487 147, § 17; ch. 86, § 28. Extinct 137, § 6; ch. 224, § 18. Mortgage corporations—Powers, — Affidavit —Account— 228, §§ 20, 21. Husband and Debt due, 95 wife—Witnesses, 249, § 40. Garnishment—As— signment of wages, 37 Laws 1885.
Ch. 43, §§ 1, 2. Abolished school-districts, 484, 485.
NEW JERSEY. Constitution. Art. 1, § 16. Private prop erty— Art. 4, g 7, p. 3. Obligation of con- Public use, 806 tracts, Revision. Page 186, (Act, g 50.) Corporations Page 294. Negligence —- De a t h —- —Inspection Of books, 306 Damages, 503 229, § 15. Removal of sign- 378, (Act, ,' 1.) Witness—Im- board, 620 peachment, 888
Practice Act. ' §§ 132, 139. Special demurrers—Plea stricken out, 500.
1881, p. 194. Taxes—Assessments— 277
Water-rates, 1882, p. 256. Road assessments—Ar-
bitration, 435, 1884, p. 219. Contempt—Conviction —Appeal, 516,
Act March 11, 1880; March 6, 1884, (Laws 1880, p. 247; 1884, p. 58.) County clerks — Compenation,
Art. 9, par. 1. Taxation— Exemp~
tions, 1
Purdon’s Digest. Page 900, pl. 50. Insolvency—Petition—Duty of court, 776.
STATUTES CITED AND CONSTRUED— Continued.
PENNsYLVANIA—Continued. P. L. 1871. Page 59. Insurance patrol of city of Philadelphia, 536.
Statutes St. 1713. Statute of limitations, 84 Act May 3, 1855, (P. L. 415.) As- Act 1731. Religious societies—Real signment for benefit of creditors, 51 property, 166 Acts 1856; Feb. 20, 1867; March 22, Act March 18, 1775. Deeds—Rec- 1867. Intoxicating liquors—Sale 0rd, 555 of—Licenses, 911 Act April 22, 1794. Sunday, 160-162 Act 1857. Illegitimate children 1e-
share, Act Feb. 21, 1814, § 1. Jurors— Drawing and summoning— De-
fect,
Act March 15, 1832, par. 22, § 41, (Purd. 410.) Orphans’ court—Dis- pute—Letters of administration, 395
9,
Act Mai ch 29, 1832, § 49. Partition ——Liens, 164
Act April 8, 1833, § 15, (Purd. 1477,
pl. 18.) Will—After-born child,
254, 255
Act Feb. 21, 1834, (P. L. 68.) Evi- dence—Records, 451 Act Feb, 24, 1834, par. 51. Legacies ——When payable, 379, 380
Acts April 15, 1834; May 14, 1874. Townships, . 707
Act June 13, 1836, § 5. Poor persons . -Settlement—Relief, 476
Act June 14, 1836, §§ 1921, (Purd.
Dig. 990.) Mandamus—Procedure
1n, 76 Act June 16, 1836, (P. L. 799.) Cor-
porations, 259, 260 Act 1836, § 84. Preferred claims— 382
Rent, Act 1836. Roads, 123, 124 Act April 13, 1840, (P. L. 320;) act 1853. Orphans’ court — J urisdic- tion, 471, 472, 559, 560 Act April 16, 1840. Transfer of judgments to another county, 57 Acts 1840, (Purd. Dig. 591, pl. 4;) May 5, 1882. Court of common pleas—Jurisdiction, 66, 102 Act 1842. Fraudulent debtors, 735 Act April 19, 1843, (P. L. 242.) Ejectment—Defense, 902 Acts April 11, 1848; April 3, 1872. Married woman—Separate prop- erty, 55, 59, 64, 65 Act 1851. Boroughs, 123 Act Feb. 2, 1854, § 12; April 21, 1855, § 21; May 13, 1856, §§ 24, 29; May 23, 1874; June 11, 1879, (P. L. 30. 130, 269. 572, 573.) City comptroller—Duties, 233-235
gitimated, _ Act March 29, 1859. Decrees in equity—Lien on real estate, 58
Act March 31, 1860. Indictment, 268 Act 1860, par. 33. Criminal law-— Removal of proceedings, 686
Act April 4. 1868. Railroad com-
Act June 29, 1881, §§ 1-4. Iron mills —Laborers-—Wages, 356
Act April 30, 1885, (P. L. 11.) Mu- nicipal corporations—Taxes—As-
STATUTES CITED AND CONSTRUED—Continued.
Constitution. Art. 1, § 10. Criminal prosecution Amend. 5. Intoxicating liquors— ——Right of accused, 786 Manufacture and sale, 783, Public Laws. Ch. 433, § 2. Action on judgment— Ch. 609, § 1; act June 9. 1886. Su- - Evidence, 791 preme court—September term, 867 Public Statutes. V Ch. 87, §§ 1, 6. Elections—Town Ch. 192, 22. Equity—Relief, 779 council, - 596 200, 1. J urors—Qualiflca- 85, § 1. Births—Deaths—Mar- tions, riages—Record, 866 200, § 15. Grand and petit ju- 85, §$ 3, 6, 8. Certificates of rors—Drawing, death, 865 209, g 4, cl. 12. Attachment—- 85, § 13. Letters of administra- Exemptions—Wages, 790 tion—Certificate of death. 865, 866 Statutes.
Act May 27, 1886; Pub. Laws, cap. 596, §§ 1, 3-5, 7—9, 15. Suppression of intem- perance, 783-790.
, 604 §§ 71, 2656; Sess. Laws 1882, act 204, 2239. Probate court—Decrees, 604 5. Town voters—Quali- 2644. Town meeting—Voters, 608
STOCK. See CORPORATIONS, 1, 2. STOCKHOLDERS. See CORPORATIONS, 8-6. STREET RAILWAYS. See Canamns, 1. STREETS. See MUNICIPAL Conrona'rrous, 8-20.
FAILURE OF CONDITION—LIABILITY FOR INTEREST.
A. executed an instrument under seal, whereby he was to pay to B., a college, $200, “in eight equal annual installments, for t e endowment of said college; the first of said installments to be due and payable whenever the president and secretary Of the board of trustees shall certify that the sum of $50,000, including and counting the above amount of $200, has been secured, by cash or bonds, for the endowment Of said college. I furthermore bind myself, my heirs and assi ns, to pay an annual interest of 6 per centum on any unpaid amount of the sai $200, which interest shall be due and payable in advance, on the first day of July, at J efierson, and shall be subject to the order of said board of trustees forthe payment of the salaries of professors and teachers in said college. ” A. paid the interest for the first three years. The sum of $50,000 was never secured. Held, that neither the first installment of the sum of $200, nor any interest thereon, ever became payable. Garard v. Monongahela (Jol-
le e, Pa. 701. g ( ) SUNDAY.
1. WORLDLY BUSINESS—DISTINCT Ac'rs—Ac'r OF APRIL 22, 1794.
Under the Pennsylvania act of April 22. 1794, which forbids the doing of any worldly business on the Lord’s day. it was error to hold that every act done in any worldly business is adistinct and separate Offense. The ofiense consists in the exercise Of an employment or business, and either may include one or more separate acts. Friedeborn v. Commonwealth, (Pa.) 160.
« AnteriorContinuar » |