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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 85)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 85)


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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. 1879. Excerpt: ... Pitts., Cin. & St. L. Railway Co. v. Marshall. The affidavit of defence, therefore, so far from alleging anything that would impugn the plaintiff's original judgment, or tend in the slightest degree to show that it was not within the protection of the resolution of January 21st 1843, admits all that is necessary to sustain it, unless the sale under the mortgage and the subsequent assignments mentioned in the affidavit, would have defeated the original scire facias in which the judgment was recovered. But that the mortgage and assignments would not have this effect, it is enough to refer to the cases of Fox v. Seal, 22 Wall. 424, and the Tyrone & Clearfield Railroad Co. v. Jones, 29 P. F. Smith GO. The liability arose when the work was done by him on the company's road, some time prior to the 1st of November 1855. The orders, &c, mentioned in plaintiff's affidavit as evidences of the debt, and bearing date subsequently to the performance of the work, are only evidences, but by no means the creation of the debt. To say that they were would not only be an assumption without proof and against the truth, but against the positive admissions of the defendants themselves verified by their affidavit. Mr. Justice Mercur delivered the opinion of the court, October 22d 1877. The original judgment was against the Pittsburgh and Steubenville Railroad Company. It was recovered for work done by the defendant in error in the construction of the railroad for that company. The indebtedness was evidenced by written certificates dated 16th September 1856. The corporation became insolvent. All its property, real and personal, and its franchises were sold under a decree of court, and the company ceased to exist. The purchaser and others for whom he acted, organized a railroad c...


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Product Details
  • ISBN-13: 9781235608865
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 260
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235608867
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 472 gr


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