Pittsburgh Legal Journal, Volume 40

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Allegheny County Bar Association, 1893 - Law
Containing reports from Pennsylvania judicial districts and other leading decisions.
 

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Page 398 - September be made and executed shall be adjudged fraudulent and void () against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Page 227 - It must not be forgotten that you are not to extend, arbitrarily, those rules which say that a given contract is void as being against public policy ; because if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of justice.
Page 103 - But, where the contract is either expressly or tacitly to be performed in any other place, there the general rule is, in conformity to the presumed intention of the parties, that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 225 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Page 332 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 40 - In the view we take of the case it is not necessary to determine...
Page 26 - ... the application of an old process or machine to a similar or analogous subject, with no change in the manner of application, and no result substantially distinct in its nature, will not sustain a patent, even if the new form of result has not before been contemplated.
Page 103 - Every man who has a share of the profits of a trade ought also to bear his share of the loss.
Page 171 - I would have continued to be let out on interest, in the manner above directed, for another hundred years, as I hope it will have been found that the institution has...
Page 245 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts [3OO] of the United States in trials at common law and in equity and admiralty.

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