Westmoreland Law Journal, Volume 5Tribune Press Publishing Company, 1916 Containing decisions of the Courts of Westmoreland County, Pennsylvania. |
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Expressions et termes fréquents
alleged Allegheny County amendment appeal appointed appraisement authority averments Bates bond Borough Act Borough Manager borough solicitor Catherine cause of action claim codicil Common Pleas Constitution contract corporation costs council Court of Common debts deceased decedent decree deed defendant Dornin duly duties elected equity evidence execution executor fact filed funds gift gift inter vivos Harkins held interest issue James James Harkins James K John Husband judgment June jury Justice Layton leased legislation libellant lien Martha Holden Menoher ment Monday of March mortgage municipal negligence November Term office of borough ordinance Orphans ough party Pennsylvania person petition plaintiff Pleas of Westmoreland proceeding Quarter Sessions question quo warranto railroad real estate Register relator replevin roadmaster roads rule supervisors supra testator testimony therein thereof tion Toner township trial trust verdict Westmoreland County widow William witness
Fréquemment cités
Page 149 - The rule that a municipal corporation can pass no ordinance which conflicts with its charter or any general statute in force and applicable to the corporation, has been before stated. Not only so, but it cannot, in virtue of its incidental power to pass by-laws, or under any general grant of that authority, adopt by-laws which infringe the spirit, or are repugnant to the policy of the State, as declared in its general legislation.
Page 138 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 187 - The true ground is that the property given to a 'charity becomes in a measure public property, only applicable as far as may be, it is true, to the specific purposes to which it is devoted, but within those limits consecrated to the public use, and become part of the public resources for promoting the happiness and well-being of the people of the State. Hence, when such property ceases to have any other owner, by the failure of the trustees, by forfeiture for illegal application, or for any other...
Page 137 - A public office is the right, authority and duty, created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public.
Page 18 - All accounts filed with him as register or as clerk of the said separate orphans' court, shall be audited by the court without expense to parties, except where all parties in interest in a pending proceeding shall nominate an auditor whom the court may, in its discretion, appoint. In every county orphans' courts shall possess all the powers and jurisdiction of a registers' court, and separate registers
Page 162 - This distinction is patent enough, but i^s sometimes judicially ignored. Such evidence is sometimes improperly excluded on the erroneous supposition that the mere reception of it implies that it is to serve as a legal standard of conduct.
Page 38 - No bill except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title...
Page 162 - ... is receivable with other evidence showing the tendency of the thing as dangerous, defective, or the reverse. But this is only evidence. The jury may find from other evidence that the thing was in fact dangerous, defective, or the reverse, and that its maintenance was or was not negligence in spite of the above evidence.
Page 143 - ... away. Such corporations may make authorized contracts, but they have no power as a party to make contracts or pass by-laws which shall cede away, control, or embarrass their legislative or governmental powers, or which shall disable them from performing their public duties.
Page 15 - Catherine Ann Byerly, late of Penn township, Westmoreland county, Pennsylvania, died testate on the 26th day of June, 1914, and on the 27th day of June, 1914, a paper writing purporting to be her last will and testament was probated in the office of the register of wills of this county. On the 9th day of July, 1914, notice was given to the register of wills that the paper writing probated was not the last will and testament of Catherine Ann Byerly, deceased, and on the same day a paper dated the...