Evans v. Montgomery
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of covenant brought by Rachel Montgomery, guardian of Sarah Montgomery, against Cadwallader Evans and wife, on a lease dated the 1st of March 1839, from the plaintiff to one John B. Miller, of a lot in Allegheny town of 45 feet by 90, for fourteen years from the 1st of April 1839. In the lease were covenants by Miller to pay the annual rent of #220 and the taxes, and to keep the premises in repair; reserving…
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ERROR to the District Court of Allegheny county. This was an action of covenant brought by Rachel Montgomery, guardian of Sarah Montgomery, against Cadwallader Evans and wife, on a lease dated the 1st of March 1839, from the plaintiff to one John B. Miller, of a lot in Allegheny town of 45 feet by 90, for fourteen years from the 1st of April 1839. In the lease were covenants by Miller to pay the annual rent of #220 and the taxes, and to keep the premises in repair; reserving to the lessor the right of re-entry for covenants broken, in addition to the remedy by action. Miller subsequently…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— All that has been or can be objected to the provisions of the Act of Assembly'in question, passed on the 28th of April 1840, is, that it has modified the remedy which the creditor possessed, according to the construction of the courts, for the recovery of his debt under the previous Acts of Assembly giving mechanics and material men a lien for their work or materials. But it is now clearly established by repeated decisions, that the legislature may pass laws altering, modifying or even taking away remedies for the recovery of debts,…
2Cited by11 opinions
- Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879
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- Wilson v. SimonCourt of Appeals of Maryland · 1900
- Maynes v. MooreIndiana Supreme Court · 1861
- State Savings Bank v. MatthewsMichigan Supreme Court · 1900
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