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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volumen38
Vista completa - 1896
action affidavit agreed agreement alleged amount answer Appeal appellee apply assignment authority Bank bill building cause charge claim Common condition consent construction contract Court damages death debt deed defendant directed duty effect entered entitled error evidence exceptions execution facts fees filed follows give given granted ground held husband insured intention interest issue John Judge judgment June jury land lease March matter ment necessary negligence notice objection offer officers opinion owner paid parties passed payment person Philadelphia plaintiff Pleas possession present purchase question railroad railway reason received record recover refused road rule share statement statute street sufficient suit sustained taken testimony tion township trial trust verdict whole wife witness
Página 71 - 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 be prosecuted.
Página 447 - The act of 1833 provides that "every will shall be in writing, and unless the person making the same shall be prevented by •the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence and by his express direction; and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise said will shall be of no effect.
Página 80 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Página 255 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Página 29 - Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring. (a) while the hazard is increased by any means within the control or knowledge of the insured...
Página 464 - ... granting powers or privileges in any case where the granting of such powers and privileges shall have been provided for by general law, nor where the courts have jurisdiction to grant the same or give the relief asked for.
Página 29 - If any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Página 202 - I. 5. 6.5. c. 26) : and therefore, if an estate in fee be given to a man and his wife, they are neither properly joint tenants nor tenants in common ; for husband and wife being considered as one person in law, they cannot take the estate by moieties, but both are seised of the entirety...
Página 461 - While equity does not deny the possibility of valid transactions between the two parties, yet because every fiduciary relation implies a condition of superiority held by one of the parties over the other, in every transaction between them by which the superior party obtains a possible benefit, equity raises a presumption against its validity, and casts upon that party the burden of proving affirmatively its compliance with equitable requisites, and of thereby overcoming the presumption.