OF

CASES

ADJUDGED IN

THE SUPREME COURT

OF

PENNSYLVANIA,

IN THE EASTERN DISTRICT.

BY

THOMAS I. WHARTON,

WITH REFERENCES TO CASES IN THE SUBSEQUENT REPORTS,

BY

JOHN SWORD.

CONTINUED BY

I. TYSON MORRIS.

VOL. I.

CONTAINING THE CASES DECIDED AT DECEMBER TERM, 1835,
AND MARCH TERM, 1836.

PHILADELPHIA:

T. & J. W. JOHNSON & CO.,

LAW BOOKSELLERS, PUBLISHERS AND IMPORTERS,

No. 535 CHESTNUT STREET.

1884.
a

Indiana University, Law Library

23878

8505

Entered according to the Act of Congress, in the year 1884,

By T. & J. W. JOHNSON & CO.,

in the Office of the Librarian of Congress, at Washington.

TABLE

OF THE

CONTINUED ANNOTATIONS

TO THE

CASES REPORTED IN THIS VOLUME.

In the present edition of Wharton's Reports, the Editor has noted at the end of each case the book and page of any citation of that case in the subsequent decisions as far as the end of 9 P. F. Smith. To some of the cases he has also added notes of other subsequent decisions involving the same points but containing no such citation.

May 11, 1870.

J. S.

The former edition of Wharton's Reports was annotated by Mr. Sword with, inter alia, references to the citations of the cases in Wharton to be found in the reports down to 10 Smith; and to Acts of Assembly. These have been continued by the undersigned, and include references to such citations in the State Reports from 10 Smith to 3d Outerbridge and 12 Weekly Notes of Cases inclusive. Being prepared too late to be printed at the end of each case in this volume, these continued annotations are prefixed here. I. TYSON MORRIS.

January 14, 1884, Philadelphia.

BEAUMONT'S CASE, p. 52.

66

A finding that the person was an imbecile and had been SO since her birth," is bad; In re Estate Catharine Gaul, 7 W. N. C., 522, (C. P.,) see Act 13 June, 1836, P. L. 592, Purd. Dig., (ed. 1873,) 979, for the jurisdiction and proceeding in lunacy.

BROWNING V. M'MANUS, p. 177.

Referred to upon the point that every presumption in favor of the regularity of an award is made in the Supreme Court; Finch v. Lamberton, 12 Smith, 373. And that court will not regard matter extrinsic to the record; Shisler v. Keavy, 25 Id., 82.