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Westmoreland Law Journal (Volume 6)

Westmoreland Law Journal (Volume 6)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: aeter, that the widow would live out of the estate.which was given to her with the power of consumption, rather than from her own estate, and that the money and property which she had left represented what her administrator should account for, allowing her liberal credits in the difference between what came to her under the will of her husband and what was left at the time of her death. The law recognizes a moral consideration or obligation as a sufficient ground to justify the payment of money in many instances where legally it might not be recovered by an action at law. The most noted case upon this subject is that of Bailey vs. Philadelphia, 167 Pa. 569. In that case a young woman was elected by a sectional school board as supervising principal of a school, but her selection was not confirmed by the superior board. At the end of the term for which she was elected, she brought suit and the Supreme Court held that she was not entitled under the facts of the case to recover. That case was reported in 154 Pa. 368. Later the board recognized the moral obligation arising under the circumstances of the case, and when her bill was put in process of payment, the plaintiffs proceeded by injunction to have the payment withheld and in the later case the moral obligation was recognized. Mr. Justice Mitchell says in 167 Pa. page 573: Does the law prohibit the city from recognizing the moral obligation arising from these circumstances? We do not find anything that compels us to so hold. A moral obligation in law is defined as one which cannot be enforced by action, but which is binding on, the party who incurs it, in conscience and according to natural justice, and again, a duty which would be enforceable by law, were it not for some positive rule, which, with a view to general benefit, e...


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Product Details
  • ISBN-13: 9781458950215
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 82
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1458950212
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 163 gr


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