Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1809, Vol. 3 I pon a certiorari to the sessions of Northumberland, the A report of, proceedings and reports of the viewers and reviewers of amid by were. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1845, Vol. 9 Entered according to Act of Congress, in the year 1845, by thomas davis, In the Clerk's Ofiice of the District Court, of the Eastern District of Pennsylvania. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1812, Vol. 4 Hall for the defendants in error did not deny the importance of the consideration to a deed of bargain and sale; but he said the plaintiffs in error had now placed themselves in the situation of persons asking for a specific performance; and as the court must be satisfied from examining the notes of the trial and the judge's charge, that Quigley had been guilty of shuffling and prevarication to avoid paying for the land, they would not give him the benefit of the objection which had been raised. In reply it was said, that the question did not turn upon the propriety of a specific performance, but upon the point, whether the judge had erred in law in his charge to the jury. If the judgment is affirmed, the opinion of the judge upon all points on which it was delivered, is declared to be good. Tilghhan, C. J. This is a writ of error to the Common Pleas of Northumberland county, founded on the opinion of the president of that court reduced to writing, and filed according to the act of assembly. The plaintiffs had sold to Christopher Quigley one of the defendants a tract of land, for which he had paid a small part of the consideration money, and entered into possession in the year 1791. In 1795, the agents of the plaintiffs tendered to Quigley a deed of conveyance, and demanded payment of the balance of the money. Quigley refused to accept the deed; in consequence of which, the plaintiffs considered the contract as void, and brought this ejectment. Several objections were made to the opinion delivered by the president. I shall take notice of only one of them, because it is decisive. The deed tendered by the plaintiffs was executed by five persons, three of whom were men, and two, married women. It was acknowledged according to law, but there was a blank left for the consideration. There was evidence, that the agent of the plaintiffs was authorized by them to fill up this blank. Under these circumstances, the president of the Court of Common Pleas was of opinion, that the deed was sufficient. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3: With Some Select Cases at Nisi Prius, and in the Circuit Courts The dicta of Judge Yeates are denied in Arnold and another 9. Gon and another. I Rude, 227. Walker's adhinistrators 0. Smith, 480. Overruled by Bevan a. Taylor and another, 7 S. And R., 400. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 1 William tilghman Esq Chief Justice. Appointed February 26, 1800, in the place of Chief Justice Shippen, resigned. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases, Vol. 15: Adjudged in the Supreme Court of Pennsylvania; With a General Index, and Table of Cases It appeared on the record, that the plaintiff prayed a writ of retorno habendo, which had been issued. Penrose, for the plaintiff in error. 1. The description is too vague. A lot of sundries means a portion. He has got a judgment for a portion. He can have return only of what he has judgment for. It is is not certain even to a general intent. 1 Chitty PI. 237. Certainty, to a general intent, is that which makes the matter certain without recurring to possible facts, which do not appear. Here there is no certainty, without such recurrence. 2 Wheat. Selwyn, 914, - "divers goods and chattels," insufficient. 2. As to assessing the damages, at the amount of the plaintiff's claim. Here the value of the property was submitted, as the standard; but this was to be estimated by a fictitious standard. Penrod v. Mitchell, (S Serg. & Rawle, 522, ) is precisely this case. Alexander, contra. 1. When facts are equally in the knowledge of both parties, there is not the same necessity for certainty. 6 Cornyn's Dig. Tit. Pleader, C. 36. As to the difference between judgment by default and a demurrer, - here the plaintiff substantially showed a good title; but it is cured by pleading over and verdict. 6 Com. Digest, 63. Pleader, C. 32. Where words not actionable are joined with those that are, the court will intend that the damages are given only for the actionable words. Here there were other goods well described; and some intendment must be made. If the defendant had demurred, the plaintiff would have been entitled to judgment for what is good. 2 Com. 495. Pleading, 3 K. 10. 2. Penrod v. Mitchell, bears out the charge. The value of the property given is the measure. The jury were directed not to go beyond the plaintiff's demand. The opinion of the court, (Tilghman, C. J., absent, ) was delivered by Rogers, J. The defendant has assigned for error, that the description in the declaration, viz. that part of it which spoke of a lot of sundries, was too general. The declaration, in this case, would undoubtedly have been ill on demurrer; but then, upon the error being pointed out, the court under our act of assembly, would have given leave to amend. What would have been the effect of a demurrer, whether the plaintiff would have been entitled to a judgment on that part of the declaration, which is good, it is unnecessary here to determine, 6 Com. Dig. Title Pleader, C. No. 32, Page 63. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1823, Vol. 7 Error to the Court of Common Pleas of Dauphin county. This was a scire facias, on a recognisance in the Orphans' Court, to recover the value of a share of an intestate's real estate taken at the appraisement, brought in the name of Amos Ellmaker, Esquire, President of the Orphans' Court Dauphin county, successor to Walter Franklin, Esquire, who was successor to John Joseph Henry, Esquire, for the use of James Alricks, against John Kean, Esquire, with notice to Daniel Reigart and Nicholas Swoyer, terre tenants in possession of a house in Harrisburg. After the bringing of the writ, Kean died, and Jane Kean, administratrix, with the will annexed, was substituted. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 14 Reports of Cases adjudged in the Supreme Court of Pennsylvania. By Thomas Sergeant, and Wm. Rawle, jun. Vol. XIV. In conformity to the Act of the Congress of the United States, entitled, An Act for the encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies, during the times therein mentioned - and also to the Act, entitled, An Act supplementary to an Act, entitled, An Act for the encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies during the times therein mentioned, ' and extending the benefits thereot'to the arts ot'designing, Engraving, and Etching, Historical and other prints. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Reports of cases argued and adjudged in the Supreme Court of Pennsylvania - Vol. 3 is an unchanged, high-quality reprint of the original edition of 1880. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of literature which has become rare and historical knowledge for the future.
Excerpt from Reports of Cases Argued and Adjudged in the Supreme Court of Pennsylvania, Vol. 3 C. having sold a tract of land to which K. had a claim, executed a single hill to K. for a certain sum in discharge of his claim to the land, to be paid out of the purchase-money. And the parties agreed that each should be present when the purchase-money should be paid, and receive his own part. K. gave notice to the purchaser not to pay his money to 0. but to himself; that he was willing to take him (the purchaser) for it. The purchaser afterwards failed, and was unable to pay the money. In an action by K. against 0. on the single bill, it was held that he was not entitled to recover. Error to the Common Pleas of Armstrong county. This was an action of debt upon a bond, in which Michael Campbell and Charles Campbell, executors of Charles Campbell, deceased, were plaintiffs, and George Knox was defendant. The facts of the case appear so fully in the opinion of his honor, who delivered that of the court, that they need not be again stated. White and Stannard, for plaintiffs in error. Fetterman, for defendant in error. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
