Westmoreland Law Journal, Volume 2Tribune Press Publishing Company, 1913 - Law Containing decisions of the Courts of Westmoreland County, Pennsylvania. |
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Common terms and phrases
action affidavit of defense agreement alleged amount appear appraisement April Armstrong County ascertained assessment assumpsit authority averment bailee bailment bankrupt bill borough capital stock case-stated certiorari charge Charleroi coal Common Pleas constitute contract corporation cost Court of Common court of equity creditors debt debtor decree defendant defendant's demurrer election entitled equitable equitable lien evidence execution executors exemption facts fee simple fendant filed franchises fund George Stark improvement judgment jury Justice Kiskiminetas Township Land Company liability lien measure of damages ment mode Monessen Water Company mortgage municipal claim paid paragraph parties payment Pennsylvania petition plaintiff Pleas of Westmoreland proceeding proceeds purchase question quo warranto real estate reason record rule Scire Facias specific statement statute stockholders testator testified testimony therein thereof thing tion Township transcript trespass trover trust usury void votes Westmoreland County witness writ
Popular passages
Page 174 - The doctrine may be stated in its most general form, that every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated...
Page 5 - Court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
Page 99 - The persons entitled to recover damages for any Injury causing death, shall be the husband, widow, children or parents of the deceased, and no other relative...
Page 233 - An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances ; the procedure upon claims filed therefor ; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales...
Page 111 - On the other hand, the weight of authority in this country as well as in England favors the doctrine that where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property when first taken must govern ; or if the conversion sued for was after value had been added to it by the work of the defendant, he should be credited with this addition.
Page 111 - ... is probably for some little time not detected, the court of equity in this country will struggle, or, I would rather say, will assert its authority to punish the fraud by fixing the person with the value of the whole of the property which he has so furtively taken, and making him no allowance in respect of what he has so done, as would have been justly made to him if the parties had been working by agreement.
Page 167 - An agreement to pay out of a particular fund, however clear in its terms, is not an equitable assignment; a covenant in the most solemn form has no greater effect.
Page 150 - April, 1844, being the owners of certain land situated in Boston, and particularly described in the bill, "in consideration that said corporation would take into consideration the expediency of buying said land for their use as a...
Page 272 - First, the court must have cognizance of the class of cases to which the one to be adjudicated belongs; second, the proper parties must be present; and, third, the point decided must be, in substance and effect, within the issue.
Page 254 - As a creditors' bill, in the ordinary sense, the complaint is manifestly insufficient. The thresher company, however, plants itself upon the so-called "trust-fund" doctrine that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a "bonus...