Case law

Corfield v. Coryell

6 F. Cas. 546 · U.S. Circuit Court for the District of Eastern Pennsylvania · Apr 15, 1823

of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental: to which may be added, the elective franchise, as regulated and established by the laws or constitution of the state … possession of the thing; as well as the general or qualified property .therein.

In re Miller

23 F. 32 · U.S. Circuit Court for the District of Western Pennsylvania · Feb 18, 1885

If the treaty affords *34 the petitioner the immunity he claims, it is by mere implication, for assuredly it does not in express terms confer on extradited persons any immunity whatsoever. … Clearly, an offender can acquire no rights against the claims of justice by flight to a foreign jurisdiction, (State v. Brewster, 7 Vt. 118 ; Dow’s Case, 18 Pa.

Evans v. Pittsburg

8 F. Cas. 878 · U.S. Circuit Court for the District of Western Pennsylvania · Jan 3, 1862

But this sovereign right to defraud makes no part of the privileges or immunities granted by the charters of city corporations. … City of Philadelphia, have unanimously decided, that “although cities are not expressly named, yet they are clearly within the spirit of the act.”

Dillingham v. United States

7 F. Cas. 708 · U.S. Circuit Court for the District of Pennsylvania · Apr 15, 1810

The material parts of the obligation and of the condition, should be so set forth in the body of it. as. to admit of extension, consistently with the terms of it, and the proceedings to establish and to recover for a breach … Considering the recognisance in this light, and thus qualified, the judgment in this case is exposed to at least one of the objections taken to it by the plaintiff’s counsel, which has not, and we think cannot be obviated

Sigua Iron Co. v. Clark

77 F. 496 · U.S. Circuit Court for the District of Eastern Pennsylvania · Dec 14, 1896

Justice Field, speaking for the supreme court, said: “The facts set forth in the bill of the plaintiff clearly show that he has a plain, adequate, and complete remedy at law for the injuries of which he complains. … If the owner in fee of the premises, he can establish that fact in an action at law; and, if the evidences of the defendants’ asserted title are fraudulent and void, that fact he can also show.”

United States v. Benner

24 F. Cas. 1084 · U.S. Circuit Court for the District of Eastern Pennsylvania · Oct 15, 1830

Imprisonment is the detention of another against his will, depriving him of the power of locomotion: if you believe the witnesses, the evidence fully establishes these charges in the indictment.. Whether Mr. … count for their verdict of conviction to which the evidence most particularly applies: but this was for them to' judge of, and is no cause of complaint on the part of the defendant; it cannot affect his punishment, and is clearly

Zahm v. Fry

30 F. Cas. 904 · U.S. Circuit Court for the District of Western Pennsylvania · May 11, 1874

The co-existence of these elements of illegality in the judgments complained of, is clearly established by the proofs in the present case. … Weiser is clearly unsustainable.

Collins v. Smith

158 F. 872 · U.S. Circuit Court for the District of Eastern Pennsylvania · Jan 23, 1908

This obligation, if it had not been qualified, would unquestionably have extended to all the terms of the instrument. … , I think they clearly qualified the whole instrument, and succeeded in saying (what I believe they intended) that they would not be bound at all after the end of the year 1905.

United States v. Dollar Sav. Bank

25 F. Cas. 887 · U.S. Circuit Court for the District of Western Pennsylvania · Jul 1, 1872

To whichever of these classes it may be assigned, it is clearly embraced in the category of taxable subjects. … Recognizing again the meritorious objects and oper *889 ation of such institutions, the act establishes a provident adjustment of the tax, by which the stipulated gains of the depositors are not abridged.

De Jonge v. Breuker

182 F. 150 · U.S. Circuit Court for the District of Eastern Pennsylvania · Oct 2, 1910

-Since it was qualified for admission into the two statutory classes, I see no reason why it might not be placed in either. But it could not enter both. … But such is not the fact, and it is clear from the affidavits that it cannot be established by evidence.” In Schumacher v. Wogram (C.

International Pavement Co. v. Richardson

75 F. 590 · U.S. Circuit Court for the District of Eastern Pennsylvania · Jun 20, 1896

How, if it be trae that these machines had once passed out of the monopoly, yet thé owner of them could waive the immunity, and bring them again within the operation of the patent. … The proofs, direct and circumstantial, establish beyond doubt that the defendant had such actual knowledge before he acted.

American Ice Co. v. Pocono Spring Water Ice Co.

165 F. 714 · U.S. Circuit Court for the District of Eastern Pennsylvania · Dec 10, 1908

Counsel concede that such value cannot be recovered under the rule established in Pennsylvania (Lanigan v Kille, 97 Pa. 120 , 39 Am. … As has been repeatedly said, fraud is never presumed, but must be established either by direct proof or by facts clearly proved sufficient to warrant a presumption of its existence.”

Magill v. Brown

16 F. Cas. 408 · U.S. Circuit Court for the District of Eastern Pennsylvania · Apr 15, 1833

The parsou has a qualified fee, but the land becomes the perpetual inheritance of the church. [Terrett v. Taylor] 9 Cranch [13 U. S.] 47, 53; [Town of Paulet v. Clark] Id. 329; Co. Lift. 341 a. b.; 2 Mass. 500 . … In Francis Moore's reading on the 43 Eliz., various cases are referred to which show clearly that charities stood upon the same footing in equity before the statute as they have done since.

Knickerbocker Trust Co. v. Myers

133 F. 764 · U.S. Circuit Court for the District of Middle Pennsylvania · Nov 30, 1904

But this clearly misconceives the law. … It cannot have been intended to qualify the numerous decisions of the same court, referred to above, by which the obligation of the stockholder has been held to be direct and primar)'.

Linton v. Brown's Adm'rs

20 F. 455 · U.S. Circuit Court for the District of Western Pennsylvania · May 23, 1884

Neale,) the Kittanning National Bank, and the *456 First National Bank of Kittanning, to establish certain trusts, alleged to have been established and declared by James E. -"Brown, in his lifetime, and by John B. … Besides, it is very clearly shbwn that he entertained inimical feelings against Finlay. He was the partner of Mrs. Finlay in the - woolen factory, and, after the firm had assigned it to Mr.

Delaware Metal Refinery v. Woodfall

55 F. 988 · U.S. Circuit Court for the District of Eastern Pennsylvania · May 23, 1893

This communication however, does not, in fact or in law, qualify the claim. … the complainant; and the argument based upon the assumption that the product of the Richards process is hut the old and well-known alloy of zinc and aluminium is fallacious, because, under the evidence, that assumption is clearly

United States v. Kochersperger

26 F. Cas. 803 · U.S. Circuit Court for the District of Eastern Pennsylvania · Jul 1, 1860

The questions, and the points decided in other districts, were very clearly stated in a written opinion of Judge Randall, which was published in the Philadelphia Ledger of October 9. 1844. … But the relation, or context, of the word post, may- so qualify it as to show that a special or local post is intended where no qualification is otherwise expressed.

Rundle v. Delaware & R. Canal

21 F. Cas. 6 · U.S. Circuit Court for the District of Eastern Pennsylvania · Apr 15, 1849

But such delegation of power to be used for private emolument as well as publick benefit, does not clothe the corporation with the inviolability or immunity of publick officers performing publick functions. … The whole scope of their charter indicates clearly, that the legislature did not intend to interfere with private and vested rights, without providing a recompense to be paid by the company and not by the state; and if the

United States v. Wilson

28 F. Cas. 699 · U.S. Circuit Court for the District of Eastern Pennsylvania · Apr 15, 1830

If then the commission of the offence in the county formed no part of the issue, it clearly follows that it would not be a material averment in *717 the indictment, the court having jurisdiction without it. … that the name ‘Henry Bowen,’ to the aforewritten attestations subscribed, is the proper handwriting of Henry Bowen, Esq., who, at the time of subscribing the same, was secretary of the state aforesaid, duly elected and qualified

Camblos v. Philadelphia & R. R.

4 F. Cas. 1089 · U.S. Circuit Court for the District of Eastern Pennsylvania · Apr 25, 1873

The question, thus qualified, seems to admit of no answer but an affirmative one. … But the rule of decision was afterwards re-established. L. R. 5 C. P. 194.