Court of Common Pleas, Lancaster County, Pa., Oct. 1855. Application of Citizens of Manheim Township, for a Mandamus to the School Directors of Said Township

1856 The American Law Register (1852-1891)  
Known as the Early Journal Content, this set of works include research articles, news, letters, and other writings published in more than 200 of the oldest leading academic journals. The works date from the mid--seventeenth to the early twentieth centuries. We encourage people to read and share the Early Journal Content openly and to tell others that this resource exists. People may post this content online or redistribute in any way for non--commercial purposes. Read more about Early Journal
more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. MANDAMUS TO SCHOOL DIRECTORS. MANDAMUS TO SCHOOL DIRECTORS. the somewhat unsteady and conflicting decisions on the statute of frauds and the statute of limitations. I am, therefore, unwilling to take the initiative in making this case an exception to the power of a married woman to make contracts, as her power is defined in the construction given to the act in the cases not yet reported, and to which reference has been made. The defendant in this case was notified by the executor not to pay the mortgage, and he paid it in his own wrong. He might have filed a bill of interpleader against the parties, or after suit brought, he miglt have paid the money into court, and obtained an order on them to interplead. If he paid the assignees without requiring an indemnity, it was his own folly. Without notice of any kind, a prudent man, looking merely to the terms and conditions of the assignment, would hardly have paid the assignees and taken their acknowledgment of satisfaction, without making some inquiry of the mortgagee or her representative. Let judgment be entered for the plaintiff on the verdict for the amount found by the jury, on payment of the verdict fee. C%ourt of Common Pleas, Lancaster County, Pa., Oct. 1855. A. Herr Smith, for the school directors. HAYES, J.-The petitioners, twelve of the inhabitants of Manheim township, pray this court to grant them a rule on Samuel the somewhat unsteady and conflicting decisions on the statute of frauds and the statute of limitations. I am, therefore, unwilling to take the initiative in making this case an exception to the power of a married woman to make contracts, as her power is defined in the construction given to the act in the cases not yet reported, and to which reference has been made. The defendant in this case was notified by the executor not to pay the mortgage, and he paid it in his own wrong. He might have filed a bill of interpleader against the parties, or after suit brought, he miglt have paid the money into court, and obtained an order on them to interplead. If he paid the assignees without requiring an indemnity, it was his own folly. Without notice of any kind, a prudent man, looking merely to the terms and conditions of the assignment, would hardly have paid the assignees and taken their acknowledgment of satisfaction, without making some inquiry of the mortgagee or her representative. Let judgment be entered for the plaintiff on the verdict for the amount found by the jury, on payment of the verdict fee.
doi:10.2307/3302200 fatcat:cilulwuqn5awfbfpfde6cpowpe