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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 23
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 23

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 23


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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. 1889 Excerpt: ...Jones, which he recognized as to all but the legacy of Mrs. Hertzog. He seems to have regarded himself as charged with such duties in regard to this fund as to entitle him to hold it notwithstanding the end of his term. The church directed his successor to institute proceedings for the recovery of it, and I 'hi.-he did in his own name instead of the name of the church. But like his predecessor he has no title to the benevolent fund or any part of it. When it comes into the treasury he will by virtue of his office have the possession and care of it subject to the control of the church authorities so long as he remains in office and no longer. Now the facts showing the ownership of the church and the want of title in the plaintiff were set out in the affidavits. It is true-that the-defendant set up a title in himself which in' could not sustainupon the facts presented to tlie Court, but it is equally true, and was equally evident on the record of the Court below, that the plaintiff had no title on which a recovery could rest, and for the same reason viz., that the church and not its treasurer was the owner. The plaintiff was not entitled to a judgment, therefore, and his motion should have been denied for the reason we have stated. The judgment is therefore reversed, and a procedendo awarded. Opinion by Williams, J. Green, J., absent. n. c. o. July '88, 143. January 18, 1889. Byrne v. Hayden. Property-bond--Breach of condition--Measure of damages--Practice--Burden of proof---Act of May 25, 1887--Statement. In an action on a penal bond, conditioned for the performance of any collateral undertaking, such as the forthcoming of personal property, etc., it is incumbent on the plaintiff not only to aver but, unless relieved by the pleadings, to prove the breach as ...


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Product Details
  • ISBN-13: 9781236135285
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 568
  • Spine Width: 29 mm
  • Width: 189 mm
  • ISBN-10: 1236135288
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1002 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 23
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