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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volumen36
Vista completa - 1895
action agent agreement alleged amount answer Appeal application assessment assignment association authority bank bill bond cause charge claim Common Commonwealth Constitution contract corporation County Court creditors damages death debts decree deed defendant directed duty effect entered entitled error evidence exceptions execution executors facts filed follows fraud fund give given granted ground held intended interest issue John Judge judgment jury land liable lien March matter ment mortgage notice objection opinion owner paid parties passed payment person Philadelphia plaintiff Pleas possession present prove purchase question reason received recover refused road rule shares Smith sold statute Street subsequently sufficient suit taken testimony tion took trial trust verdict WEEKLY NOTES whole wife witness writ
Página 325 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Página 196 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.
Página 276 - But there is a moral or homicidal insanity, consisting of an irresistible inclination to kill, or to commit some other particular offence. There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance. The doctrine which acknowledges this mania is dangerous in its relations, and can be recognized only in the clearest cases. It ought to be...
Página 280 - And be it enacted, That wherever, in the construction of said road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the...
Página 250 - ... to any death or disability which may have been caused wholly or in part by bodily infirmities or disease existing prior or subsequent to the date of the certificate, . . . nor to any case except where the Injury is the proximate or sole cause of the disability or death.
Página 53 - If the case had been submitted to the jury upon the testimony introduced, and a verdict had been returned for the plaintiff, it would have been the duty of the court to set it aside for want of any evidence to warrant it.
Página 20 - ... but in no case amounting to more than a circumstance of suspicion, demanding the vigilant care and circumspection of the court in investigating the case, and calling upon it not to grant probate without full and entire satisfaction that the instrument did express the real intentions of the deceased.
Página 299 - Yet the decision of the ordinary that the person on whose estate he acts is dead, if the fact be otherwise, does not invest the person he may appoint with the character or powers of an administrator. The case, in truth, was not one within his jurisdiction. It was not one in which he had a right to deliberate. It was not committed to him by law. And although one of the points occurs in all cases proper for his tribunal, yet that point cannot bring the subject within his jurisdiction.
Página 441 - The failure of memory is not sufficient to create incapacity unless it be total, or extend to the immediate family or property. The want of recollection of names is one of the earliest symptoms of the decay of the memory ; but this failure may exist to a very great degree, and yet 'the solid power of the understanding