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Home > History and Archaeology > History > Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 1
Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 1

Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 1


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...snch removal. Apart from the statute the removal would have been a trespass. Cujus est solum, ejus est usque ad coelum. 2 Bl. Com. 18. A limited power of entry upon land on which no building had yet been erected was given bv the Act of 24th February, 1721 (I Sm. L. 125; Purd. U24, pi. 7), in which, however, it is expressly provided that the cost should be proportionally borne by the second builder so soon as he needed the new wall. The intent of the Act of 1857 being perfectly clear, according to the natural and grammatical construetion of the language used, its words may not be disregarded in seeking to ascertain some other supposed intent. If the view taken by the Court below of the Act of 185" be correct, the provision of 1721, as to the cost of erection, might have been re-enacted without the change of a word; but, as different language has been used, it follows that the legislature intended to establish a different rule. This manifest difference in the wording of the two Acts should not be lost sight of in their interpretation. Bentham's Rationale of Judicial Evidence, V. 170, cap. 25. Potter's 1) warris on Statutes, 199. Geiidell, with whom was E. S. Miller, contra. If the appellant is right in his position, by his delay in building he will get for nothing a new, strong wall, built much more on the land of his neighbor than upon his own. There can be no doubt that so long as the old party wall was sufficient for the defendant's purpose, the oomplainant had no demand upon him; but when, if the complainant had not previously built, the defendant would have himself been obliged to put up Buch a wall as was here erected, then he is bound to reimburse the complainant for a part of the cost, with allowance for the old materials taken at the removal of ...


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Product Details
  • ISBN-13: 9781130348880
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 676
  • Spine Width: 35 mm
  • Width: 189 mm
  • ISBN-10: 1130348881
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1188 gr

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Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 1
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