Pennsylvania State Reports, Volume 41

Capa
West Publishing Company, 1863
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"Containing cases decided by the Supreme Court of Pennsylvania." (varies)
 

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Passagens conhecidas

Página 544 - If it was sufficient of itself, it was a question of law for the court and not of fact for the jury.
Página 78 - Dig. p. 1294, pi. 25.) provides "that in all cases of partition of real estate in any court, wherein a valuation shall have been made of the whole or parts thereof, the same shall be allotted to such one or more of the parties in interest who shall, at the return of the rule to accept or refuse to take at the valuation, offer in writing the highest price therefor above the valuation returned...
Página 14 - That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences...
Página 251 - ... the intent of the devisor is manifest and certain that 1840. his children or issues should take, and as immediate devisees they cannot take, because they are not in rerum natura, and by way of remainder they cannot take, for that was not his intent, for the gift is immediate, therefore there such words shall be taken as words of limitation, scil.
Página 351 - It by no means follows, because a grantee consents to take an estate subject to a condition, that he also consents to obligate himself personally for the performance of the condition. Many cases might be imagined in which one would be willing to risk the forfeiture of the estate, while he would be altogether unwilling to incur the hazard of a personal responsibility in addition.
Página 381 - ... the act of God that happens by his permission ; everything, by his knowledge. But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.
Página 295 - ... or severed from the realty, therefore, by necessary logical sequence, she is entitled to the value of the coal as it lay in the pit after it had been mined ; and so it was decided below. It is apparent that this view would transfer to the plaintiff all the defendant's labor in mining the coal, and thus give her more than compensation for the injury done. Yet we admit the accuracy of this conclusion, if we may properly base our reasoning on the form, rather than on the principle or purpose of...
Página 358 - ERROR to the District Court of Allegheny county. This was an action on the case brought in the court below by Lewis Peterson against Samuel M.
Página 26 - ... that if any article is really a subject of dubious interpretation, it would be highly improper, that this court should fix on one meaning, and prosecute all those who hold a contrary opinion regarding its interpretation.
Página 408 - A constitution is not to receive a technical construction, like a common-law Instrument or a statute. It Is to be interpreted so as to carry out the great principles of the government, not to defeat them...

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