Montgomery County Law Reporter: Containing Chiefly Reports of Cases Decided by the Courts of Montgomery County, Together with All the Cases Arising in Said County, Decided by the Supreme Court of Pennsylvania, Volum 4Montgomery Bar Association, 1889 |
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action agreement alleged allowed amount appear application appointed assessment auditor authority bill borough bridge cause charge Charles child claim clearly Common compensation complainant construction contract costs court creditors damages debt defendant delivered direct distribution dollars duty effect entered entitled equity erection error establish evidence exceptions facts failed favor filed follows fully funds give given granted held Henry injury interest issue John Judge judgment June jurisdiction jury land liable license lien liquor March matter Montgomery county motion necessary notice opened opinion owner paid parties passed payment Penna person petition plaintiff Pleas principal proceedings provides purchase question railroad reason received recover refused removed resident road rule says street sufficient suit sustained SWARTZ taken testimony tion township trial unless
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Side 111 - When, by the agreement, the vendor is to do anything to the goods for the purpose of putting them into that state in which the purchaser is bound to accept them, or, as it is sometimes worded, into a deliverable state, the performance of those things shall, in the absence of circumstances indicating a contrary intention, be taken to be a condition precedent to the vesting of the property.
Side 152 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her...
Side 46 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Side 176 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Side 190 - ... proof upon the person who seeks to support it, to show that he has taken no advantage of his influence or knowledge, and that the arrangement is fair and conscientious.
Side 215 - Parker,(/) it is ruled that, in considering the motion, the court will not inquire whether, taking the newly discovered testimony in connection with that exhibited on the trial, a jury might be induced to give a different verdict, but whether the legitimate effect of such evidence would require...
Side 171 - But the law will recognize a wife, as having a separate existence, and separate interests, and separate rights, in those cases, where the express object of all proceedings is to show, that the relation itself ought to be dissolved, or so modified as to establish separate interests...
Side 129 - in all cases where a remedy is provided, or duty enjoined, or anything directed to be done by any act or acts of assembly of this commonwealth, the directions of the said acts shall be strictly pursued, and no penalty shall be inflicted, or anything done agreeably to the provisions of the common law, in such cases, further than shall be necessary for carrying such act or acts into effect.
Side 216 - Ohio, 5, it is ruled that in considering the motion the court will not inquire whether, taking the newly discovered testimony in connection with that exhibited on the trial, a jury might be induced to give a different verdict; but whether the legitimate effect of such evidence would require a different verdict.
Side 32 - Without entering at large upon the discussion of what is here meant by a - local or special law,' it is sufficient to say that a statute which relates to persons or things as a class is a general law, while a statute which relates to particular persons or things of a class is special and comes within the constitutional prohibition.