Atlantic Reporter, Volumen13West Publishing Company, 1888 |
Dentro del libro
Resultados 6-10 de 75
Página 35
... equity , there was a binding contract . True , it was not specifically performed ; but the terms were all distinctly agreed upon . Fielder promised to give his promissory note for $ 750 , and pledged the mill work to Barber for the ...
... equity , there was a binding contract . True , it was not specifically performed ; but the terms were all distinctly agreed upon . Fielder promised to give his promissory note for $ 750 , and pledged the mill work to Barber for the ...
Página 105
... EQUITY - REHEARING - ERROR OF LAW . A rehearing in equity will be granted by the court in its discretion , if it thinks the case ought to be reheard , even when the error alleged was simply error of law , and this discretion should be ...
... EQUITY - REHEARING - ERROR OF LAW . A rehearing in equity will be granted by the court in its discretion , if it thinks the case ought to be reheard , even when the error alleged was simply error of law , and this discretion should be ...
Página 110
... EQUITY - REFORMATION OF INSTRUMENT - MISTAKE EVIDENCE OF FRAUD . A bill in equity to reform a written instrument will not lie where the only evi- dence of a mutual mistake is that complainants , being unable to understand En- glish ...
... EQUITY - REFORMATION OF INSTRUMENT - MISTAKE EVIDENCE OF FRAUD . A bill in equity to reform a written instrument will not lie where the only evi- dence of a mutual mistake is that complainants , being unable to understand En- glish ...
Página 111
... equity , of do- ing right to one party at the expense of a precisely equal wrong to the other . " This case recognizes another rule of equity that , where there has been a ma- terial mistake upon one side , the court may rescind and ...
... equity , of do- ing right to one party at the expense of a precisely equal wrong to the other . " This case recognizes another rule of equity that , where there has been a ma- terial mistake upon one side , the court may rescind and ...
Página 112
... equity , Bailey v . Insurance Co. , 13 Fed . Rep . 250 ; and while for a bare mistake of law alone relief will rarely , if ever , be afforded , yet equity will interfere where it further appears that the defendant , availing himself of ...
... equity , Bailey v . Insurance Co. , 13 Fed . Rep . 250 ; and while for a bare mistake of law alone relief will rarely , if ever , be afforded , yet equity will interfere where it further appears that the defendant , availing himself of ...
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Términos y frases comunes
action affidavit affirmed agreement alleged amount Appeal appellee applied April assumpsit bank bill bond certiorari charge claim common pleas complainant contract counsel Court of Chancery court of common court of equity Court of Pennsylvania creditors Cyrus Avery damages David Shriver debt decree deed defendant's demurrer duty entitled equity evidence execution executors fact fendant filed fraud heirs held indorsed injury interest judge judgment jurisdiction jury land lease levy liable lien lumber March March 19 ment mortgage N. J. Law negligence Northampton county notice opinion owner paid parties payment Pennsylvania person Philadelphia county plaintiff in error possession premises proceedings promissory note purchase purpose question Railroad Railroad Co real estate reason recover replevin road rule says sheriff sold statute street suit Supreme Court tenant term testator testimony thereof tion trial trust verdict wife writ
Pasajes populares
Página 497 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Página 494 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Página 188 - First, it was among other things enacted that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Página 426 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Página 60 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking was reduced to writing...
Página 371 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Página 292 - ... materials so used or taken away, as the case may be, and having a due regard to, and making just allowance for, the advantages which may have resulted, or which may seem likely to result...
Página 357 - The written condition applicable to this contention is, that if the judgments "shall be paid in full by the said AR Robbins, his heirs and assigns, to the said JA Hornet, then this obligation to be void, otherwise to be and remain in full force and virtue.
Página 462 - The decree of the court below is affirmed, and the appeal dismissed at the cost of the appellants. Appeal of MACKEY. (Supreme Court of Pennsylvania. April 9, 1888.) EXECUTORS AND ADMINISTRATORS — POWERS AND DUTIES — REPAIRS. M. petitioned the orphans...
Página 498 - The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same...