The Lancaster Law Review, Volume 31

Front Cover
Lancaster Bar Association, 1914 - Law

From inside the book

Other editions - View all

Common terms and phrases

Popular passages

Page 213 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired the title as a holder in due course.
Page 213 - A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 292 - No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title...
Page 222 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 388 - ... shall forfeit and pay to the party injured, fifty dollars, to be recovered as debts of the same amount are recoverable by law.
Page 410 - And whereas a failure of justice often takes place on the trial of persons charged with felony and misdemeanor by reason of variances between the statement in the indictment on which the trial is had and the proof of names, dates, matters, and circumstances therein mentioned, not material to the merits of the case, and by the mis-statement whereof the person on trial cannot have been prejudiced in his defence : Be it therefore enacted, that, 1.
Page 393 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 19 - all devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance or of perpetuity, unless it appear, by a devise over or by words of limitation, or otherwise, in the will, that the testator intended to devise a less estate.
Page 410 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards; and every court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the court or other person ; and thereupon the trial shall proceed as if no such defect had appeared.
Page 309 - ... body politic or corporate, therein stated or alleged to be injured or damaged or intended to be injured or damaged...

Bibliographic information