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![handle is hein.statereports/pittlegj0012 and id is 1 raw text is:
'.H LEGAL JO'URNAL
q imeAi for that' 1 ,eol,:*iv'or 1*t E !U'4O .0S ( i., ki I lFifilh AIreieI. I 'f' vo iolln rs e r,
Vc1. X11, PIT 1,GH, MONDAY, JULY 4, 1 -.o. .,
6dI pr, ceee.,ed hy ,,'titin to ie,,over the the stock mi''ht be sn Jeetd by order of Ilh
I d aIgI Itaniii S c a a sed tI hi Iy Ile i Iing (f the ieehn'(toVs.
is PuBlMs.Ii Vr:n v . oso, , sid 1r0ad, and that no danini. s were allowed I The ,ff et if suoih erl'i-te i-i to give th1
A ' 1 0 0 T \ V ) L A I S 1 .' t ; , , I J , I N A OV A l E h i m h y t i l e v i e w e' S , W . h o - ( r e p o r t l oa s h e l e n h o l d e r a t i l o c tr ol i l t o ta l p n1) ( 1 1 1 h i s m a k i n
finallv conhfrmed iby the court. Tis ks ad- further paynent,, it't al,,il , but leaves such
'T'ii()1 ,1 .1. I-RI'NA.N, lnltlted, and dn'lol 0 toS 103 bar. payment optionad W\ith him.
'r ,thl ayof tih ol S..rr.,' C.rt Mi V'e'usylv.,, W. ) 'IIs is lile onlv proper way,' ,I hringing ' The by-lavs reqIiiing tile assent. of five
ELL TiUH ASO, r',,itiiroi, such a (It feuce let!oie Iblis court. beerau-e it directors to a call lpo the stoulkhold'rs; tim
. i. IF [U N I if, a Street, appears Iy a different rtcord trin that which facts that the detendtlait wit-, a dirCOtor. thaL
, : is bronght itp hty I he crliora'i, sid that, re- no call was made. and tlat ihe Company ho.
'.,, ,Itl ,a Leti a on li il s-t 1t4 be it 1.r. v 1. CoAd cannot. reg1t;arty lite noticed unlessl came in.olvent, whtn th amount whiuh rt.
+ At .,,,i ., ' ....... ,' .v It N ; , to t ..i l , r it I h'roight helor (is b\ )lea. oI ined due opon its stock and subject to call
r. .... t,, ,. ,.v, , h Vt,. , 1 .it r ,r (e ltainly ll is fitt does co l tilfte a lbart to was more than suflicient. to pity all its debt:,
fan, iiie l n r 1. tIIlt t__this writ. for the two itelet cie.s ;re ent irey do not. establish any personal liability against
'r ct',.R n l ' 0 r. ineoiisisleni ; the first suing for the damages such director.
On5,eqth ,., f t1 ,,- , iif, I. ....................... *,o cau.sed by a pioeeidinwr, and the second to r '- The principle upon which persons subserib.
'l' l I tj,-Ifig ill e -t-i+' ............................... %
On -q r,' 0 te, r, t .... ..... 3O verse that saMe i oteedinlg. To ailow this ing or engaging to tthe stock aie held litblo
D~o .x fit.... 118 ....... .......................... 1(; 00 would he e,(,ti\alent to alhowh+- tw o rtcover, eonlsider' , find tile case discussed by Allen,
D.,) Pit, I'n I ............... ....................1' ies toi- tile iline catise. T he phointifi in elr, .
..i. ...... .. iwolI5
SIi~tIciaieI Coltii'It ;)d 11'lin edy of his own in the Sweetam v. Prince al.-One who was
the road, and cannot now reverse it : 17 S. & enttled to logs which he-had cut upon tho
Weaver's ltoad. R. 365 lie has himself aflii,'me1 the order ltnd of another, under an agreemer t that they
Estoplil by recrord.-Proccd ing Jf, land just as Oninh as if it' had released his lam- were to Ie his wheu he paid a certain sum,
unlages, (a wail. / (1 n1inplal L -1l l tyec;()Vbe. paid them. or had suffered tle 'reativ Inferior to their value its logs, sold
ularit// in proccedii:.g Jb cnilg primte Stitl of Lim ions 10 rtu rgtinst his writthem, wilhuut, disclosinz his defect of title.
road. 1 of, ertiorari. The omission to fmi the width vThe vendee, after learn inr the facts, agreed
1. After a private rand 1nid been laid mt and oi,.ne. and of le i'otd Cain easily be suipplied by the ao- to pay upon a deduction heing ntde from tie
the puty through whoseland. it ran had iroceeded hy t, I width as openid, or LW t1tie culstomahry ,price upon other ground Ihan the detect of
pethiion to oroeve' ditijiages tl 'efor. leld, that he d .ould
- t+ yr,.., . .- - . , withlof Ir 'ate roadsr thIbus ooed,on sono tie title. '1lhi) was a waiver of defense on
tder of cofirmation for oy defects Lrirtn, I other. way. unless the parties desire to be lit th e gaou-ds~offiti,'................ -
2. Hence. where a 'an,.ow,,er sued out a rertirari to re- igious, \ hich we do not presume. The fact Assuming that the vendor w as guilty of
Terse thi cenflrntntuon oia prieait' rotI lal out titghit.,,leaded and admitted estops the plaintiff of' deceit, and tha' th vende had not waived
hii;l a d t t r li e i.Ihis defense, itether he could setit up, no
(bher road iva., ordere, hn1tiii1 tt'iteeeihtg, io recover I i e toaI 1- (61CW e-lrle c ud s ti~ p o
iho rteor. andtihat no tlnigtue - ro i ewed hit by t.Ii Order affirmed, and record remitted, with having been disturbed in the possession by
viewers whn. report ih , itll i: ally o,,firmed. costs, the person having the legal title, and not
3. It is, I ot ajal error to the pre ediig,t that tie ordher 1__. having ofIered to return the property to the
of confirmatinonr toes 11i1 fix the width f tilhe rea], for thit o ty
can be afterward.; supplied. Newt York Court o' Appeals. vendor, quarc: Per Marvin, J.
The vendee of chattels may, it, seems, vol.
ron Jo he ateressinso hOTES rsuntarily yield possession to a claimant, and
inrt i igdin O r V. Sturgess.-The Act (eb. 234 recover against the vendor on the implied
.i. tue istane n of o18o5) in rehlation to suits against foreign warrant.y of title, upon showing that th
Barkstresser, thro.ih whose land a private eporpo'aions (foes not undertake to establsh claimant had title paramount Per Marvin, J'
Cot rtalt toi esabis climn the atltleo paaout Peracobin J
eroad 'as laid out on the application of Jacolt tiny new lilhiliiy on the part of stockholders
,, . or delitors of such corporation,-, but only pro- Iaws of Penn'a,-Sesslon of 1804.
f alie bots of the ease are fully set forth i !rides for sulrogating creditor! of the corpor-
.Ae opinion of this coirr. aiohn, proceeding agrlinst it by attachment in Av ACT
R. Bruce Petrikin, for laintiff in error. this State, to sueh rights as the corporation To increase the pay of jurors and witnesses
The counsel for the def,-ndant in orror slnb- itself, 1nder tile local law, or tihe hx loci coa- in the counties of namhria and Atlegheny..
nitted no printed araument. tr, ,lus, might have enforced against t lie stock- Si':: ro*N 1. He it enacted &c, That hero-
The opinion of the court, was delivered, holder or debtor, ahter, the pity orjtrors, attendihg the several
July 1st 1863, by In in action, therefore, against an alletted courts of the countiies of Cambria and Alle.
Lowaw, C. J.-Pursuing the usual remedy, debtor of a Maryland corporation, in which gieny, shall be one dollar and fifty cents per
'this private road was laid out and confirmed no statuot of Ma'yhand was proved affecting diem ; and the fees of witnesses, attending
!by te court;, and actually opened, and nov his liability, it is to be determined by the shid court, shall be one dollar per diem, to.
'tneplaintiff in error, through whose round common law. gether with the mileage now paid to jurors
-It passes, hirings this certiorari to reverse the I The corporation being created for the pri- and witnesses in said county.
:'btder of confirmation, and assigns for error vate hen-fit of its p'ojectors, and not for any
thatin the petition, an intermediate point he. , public object, no contract to pay for its stobk AN AcT
1tt'een thne termini is designated, and that in any further sum than that required upon the Relating to Ground Rents.
10 ord6i no width is fixed, &e, In bar of original suhiscripion is to be implied from SECTION 1. Be it enacted &c. That th
hose errors, Mr. Weaver pleads that, after sei l suselipiol. Ce from taking certifieates enactment, by the twenty-first section, of the
.b e road was ordered, the plaintiff in error of stock stating the further payments to which act, of the twenty-second day of Ap'il, eight.](ViewImageLocal?handle=hein.statereports/pittlegj0012&div=1&collection=&method=preview&ext=.png&size=3)