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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volumen36
Vista completa - 1895
action agreement alleged allowed amount answer Appeal apply assessment assignment attachment authority Bank bill bonds brought called cause charge claim Common Pleas Commonwealth consideration construction contract corporation costs County Court creditors damages death debt decree deed defendant duty effect entered entitled equity error evidence exceptions execution executors facts filed fund give given granted ground held husband intention interest issue John Judge judgment jury land liable lien March matter meaning ment mortgage necessary notice opinion owner paid parties passed payment person plaintiff possession present proceedings purchaser question railroad real estate reason received record recover referred refused rule Smith statute sufficient suit taken testimony thereof tion took trial trust verdict WEEKLY NOTES wife witness writ
Página 179 - 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.
Página 501 - No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property ; and, in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall bo prosecuted. No act shall prescri be any limitations of time, within which suits may be brought against corporations for injuries to persons or property...
Página 96 - In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
Página xvii - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Página 286 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 20 - If any person who is liable to any of the actions mentioned in this chapter, shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within...
Página 81 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of.
Página 26 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Página 260 - That nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women, or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the provisions of the second and fifth sections of this act.
Página 455 - all devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance or of perpetuity, unless it appear, by a devise over or by words of limitation, or otherwise, in the will, that the testator intended to devise a less estate.