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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 677   View pdf image (33K)
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Where the suit abates by the death of
The acts of Assembly which authorize
a party, the injunction is not thereby
the sale of the veal estates of infants
dissolved without notice to revive. —
considered as to their true construc-
Walsh v. Smyth, 23.
But on the ground of the great lapse of
time after the abatement, the defendant
tion, their practical utility, and their
constitutionality. —Williams1 case, 189,
may move at once for a dissolution of
An act of Assembly which assumes, that
the injunction, 24.
Where after a suit has abated by the
death of a plaintiff, and some of the de-
fendants, the survivors bring the case
the property belongs to either party,
after a court of competent jurisdiction
has determined that it belongs to neither,
deemed unconstitutional. — The Wharf
to a hearing, and the injunction is dis-
case, 335,
solved as to all, none of the represen-

tatives of the deceased parties can com-
plain, 22.
A creditor's suit does not abate by the
death of a plaintiff or any creditor, who
may have come in, if there be then
a plaintiff or creditor competent to
At common law an inquisition under a
writ of ad quod damnum must be held
before the property can be taken, —
Compton v. The Susquehanna Rail
Road, 389.
prosecute the suit. — Austin v. Coch-
The usual provision in road and canal
ran, 339.
But a creditor's suit will abate by the
death of a defendant, heir, or devisee,
whether there be any surplus of the
proceeds of sale to be returned to him
acts for the condemnation of private
property, held to be a substitute for the
writ of ad quod damnum, 389
Under the acts incorporating road, and
canal companies, unless otherwise pro-
or not, 340.
A discharge under the insolvent law of a
party to a pending suit does not operate
as an abatement; but the suit becom-
ing thereby defective, the defect must
be removed before the suit can pro-
vided, the damages may be assessed
either before or after the property has
been taken; except where the value
would be so obscured as to prevent the
jury from making a fair valuation from
their own view. But no unreasonable
ceed. — Hall v. McPherson, 538.
Where a bill prays relief against several
delay or fraud, in taking the inquisi-
tion, will be suffered, 388.
on the ground, that the deed under
which they all claim is fraudulent, and
one dies the suit abates as to all. —
Neale v. Hagthrop, 599.
The form of a writ of ad quod damnum
and inquisition under the Provincial
government. — Pressly's case, 890.
The ad quod damnum, clause in an act of
The right of the plaintiff must be first
incorporation to be construed strictly,
but fairly. — The Bellona Company's
case, 448.
determined, as there can be no account
where the plaintiff has no title. — Neale
v. Hagthrop, 561.
Where the plaintiff may be entitled to
relief by delivery or a sale, and also to
rents and profits, the delivery or sale
should be first ordered, and then an ac-
What is such a public use as authorizes
the taking: of private property under an
od quod damnum, 451.
The property of a corporation, as well as
that of an individual, is subject to be
taken for ft public use under the power
of eminent domain, 452.
count up to that time, 561, 601.
In taking an account, in the absence of
proof of a particular day, a medium
must be assumed, 588.
Where there are several public uses the
od quod damnum power mar be so lim-
ited as to preserve them all, 462.

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 677   View pdf image (33K)
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