Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumes 10-11H.O. Houghton and Company, 1864 - Law reports, digests, etc |
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Page 15
... alleged . Curia . We cannot decide this upon motion . ( a ) The allega- tions are traversable . They must therefore be pleaded in abate- ment , as since the last continuance . If the petitioner demurs , we shall have the facts regularly ...
... alleged . Curia . We cannot decide this upon motion . ( a ) The allega- tions are traversable . They must therefore be pleaded in abate- ment , as since the last continuance . If the petitioner demurs , we shall have the facts regularly ...
Page 16
... alleged in any such petition , when the same are controverted by any of the tenants in common . Non constat that this deceased proprietor had any objection to the partition , as prayed for . Indeed , his assent is to be presumed from ...
... alleged in any such petition , when the same are controverted by any of the tenants in common . Non constat that this deceased proprietor had any objection to the partition , as prayed for . Indeed , his assent is to be presumed from ...
Page 20
... alleged , there is nothing to the purpose of the statute ; for the statute was not made with such intent of a common prescription , but to limit from what time one should allege seisin in a writ of Right , " & c . Prisot , J. , however ...
... alleged , there is nothing to the purpose of the statute ; for the statute was not made with such intent of a common prescription , but to limit from what time one should allege seisin in a writ of Right , " & c . Prisot , J. , however ...
Page 31
... alleged in the plea amounted , in effect , to payment of the demand . Cooke was the authorized agent of the plaintiff for the purpose of receiv- ing what was due from the defendant to him : he had received it and more . His embezzling ...
... alleged in the plea amounted , in effect , to payment of the demand . Cooke was the authorized agent of the plaintiff for the purpose of receiv- ing what was due from the defendant to him : he had received it and more . His embezzling ...
Page 42
... alleged that the defendant , with force and arms , at , & c . , on , & c . , had in his custody and possession a certain bank bill or promissory note , payable to the bearer , signed in behalf of the president , directors , and company ...
... alleged that the defendant , with force and arms , at , & c . , on , & c . , had in his custody and possession a certain bank bill or promissory note , payable to the bearer , signed in behalf of the president , directors , and company ...
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Common terms and phrases
15 Mass action ADDITIONAL NOTE administrator aforesaid afterwards agreed agreement alleged appear assessments assigned assumpsit authority averment Bakerstown bill Billerica bond cause charter-party claim common law Common Pleas commonwealth consideration considered contract conveyance conveyed corporation Court of Sessions covenant creditor damages debt debtor declaration deed defendant defendant's delivered demanded premises demurrer discharge dollars duly effect endorsed entitled error evidence execution executor facts grant holden ISAAC PARKER issue Johns judge judgment jury justice land legislature liable ment mortgage nonsuit officer opinion owner paid parties pauper payment person Pick plaintiff plaintiff in error pleaded possession principle promise promissory note proprietors proved question received recover remedy rendered SAMUEL SEWALL scire facias seisin SEWALL sheriff ship statute sufficient suit tenant term testator thereof tion town trial usury verdict versus vessel vote voyage Wend witness writ writ of error
Popular passages
Page 269 - Shall and Will Warrant and forever Defend by these presents. IN WITNESS WHEREOF the said parties to these presents have interchangeably set their hands and seals the day and year first above written.
Page 367 - ... It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Page 207 - In contracts likewise for sales, it is constantly understood that the seller undertakes that the commodity he sells is his own ; and if it proves otherwise, an action on the case lies against him, to exact damages for this deceit.
Page 365 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws.
Page 388 - And to remove all doubts concerning the meaning of the word "inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this State, in that town, district, or plantation, where he dwelleth, or hath his home.
Page 444 - ... if the court should be of opinion that the plaintiff was not entitled to recover.
Page 233 - ... to plead the general issue, and give the special matter in evidence...
Page 238 - The condition of the above obligation is such, that if the said AB, administrator of all and singular the goods and chattels, rights and credits of JK, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits...
Page 63 - The court instructed the jury, that if they were satisfied from the evidence...
Page 348 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.