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 17
... principle of the com- mon law , that the death of a party to a process abates it : no judg- ment can be rendered upon it . Nor does the statute , providing this peculiar process , derogate from the principle . * The provision of the ...
... principle of the com- mon law , that the death of a party to a process abates it : no judg- ment can be rendered upon it . Nor does the statute , providing this peculiar process , derogate from the principle . * The provision of the ...
Page 29
... the [ 23 ] voyage , not induced by force or physical necessity , the principle on which the decision ought always to be made is the BREED & AL . vs. EATON . fairness of the 3 * 29 MARCH TERM , 1813 . 21 Breed & Al vs Eaton.
... the [ 23 ] voyage , not induced by force or physical necessity , the principle on which the decision ought always to be made is the BREED & AL . vs. EATON . fairness of the 3 * 29 MARCH TERM , 1813 . 21 Breed & Al vs Eaton.
Page 36
... principle of the law . But if usage is to be admitted , it should be the usage of Massachusetts , not of one town , as Boston . The most manifest inconvenience will arise from the admission of these local customs , in different ports ...
... principle of the law . But if usage is to be admitted , it should be the usage of Massachusetts , not of one town , as Boston . The most manifest inconvenience will arise from the admission of these local customs , in different ports ...
Page 49
... principle in the law of England , that hand - writing cannot be proved by comparison of writings , ( Phil- lips , 372 , ) although the reasonableness of the rule has sometimes been doubted . -Starkie , part 4 , p . 654-5 . This position ...
... principle in the law of England , that hand - writing cannot be proved by comparison of writings , ( Phil- lips , 372 , ) although the reasonableness of the rule has sometimes been doubted . -Starkie , part 4 , p . 654-5 . This position ...
Page 58
... principle often recognized by the courts of law in this commonwealth , that a negotiable promissory note , given in consideration of a debt due by simple contract , is a discharge ( 1 ) Campbell's N. P. 85 , 109 ( 2 ) 3 East . 147. - 7 ...
... principle often recognized by the courts of law in this commonwealth , that a negotiable promissory note , given in consideration of a debt due by simple contract , is a discharge ( 1 ) Campbell's N. P. 85 , 109 ( 2 ) 3 East . 147. - 7 ...
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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.