Palairet's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 221,.to January Term 1871. The proceeding was commenced February 24th 1871, by a petition in the name of the Commonwealth, at the relation of John Ganser against John G..Palairet and others, trustees, &c., of Mary Ann Palairet, under the Act of April 15th 1869, Pamph. L. 1869, p. 47, Purd. 1570, which is as follows:— “ An Act to provide for the extinction of irredeemable rents.
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Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 221,.to January Term 1871. The proceeding was commenced February 24th 1871, by a petition in the name of the Commonwealth, at the relation of John Ganser against John G..Palairet and others, trustees, &c., of Mary Ann Palairet, under the Act of April 15th 1869, Pamph. L. 1869, p. 47, Purd. 1570, which is as follows:— “ An Act to provide for the extinction of irredeemable rents. “ Whereas, there were formerly reserved or created in Phila-: delphia and other parts of this Commonwealth, yearly rents, which in their nature…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
Retrospective legislation is certainly not in itself unconstitutional, unless so far as it has an effect prohibited by the fundamental law. If, however, an Act of Assembly, whether general or special, public-'er private, operates retroactively to take what is, by existing la% the property of one man, and, without his consent, transfer it tóf another, with or without compensation, it is in violation of that cAse in the Bill of Rights, Const., Art. IX., sect. 9, which declaré® that no man “ can be deprived of his life, liberty or property;…
2Cases cited9 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Billings v. HallCalifornia Supreme Court · 1857
- Knox v. ClevelandWisconsin Supreme Court · 1860
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- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
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3Cited by32 opinions
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- Catherwood TrustSupreme Court of Pennsylvania · 1961
- Crawford EstateSupreme Court of Pennsylvania · 1949
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