Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of MassachusettsLittle, Brown, 1864 |
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Page 37
... contended that the exception in favor of " any person beyond sea , " does not apply to for- eigners He argued likewise , that by the pleadings in this action , the defence is put upon the statute of limitations of Massachusetts and not ...
... contended that the exception in favor of " any person beyond sea , " does not apply to for- eigners He argued likewise , that by the pleadings in this action , the defence is put upon the statute of limitations of Massachusetts and not ...
Page 40
... contended that it avoids the exception within which the plaintiff has at- tempted to bring himself by his replication . The statute itself provides that it shall not be understood to any person , beyond sea , without any of the United ...
... contended that it avoids the exception within which the plaintiff has at- tempted to bring himself by his replication . The statute itself provides that it shall not be understood to any person , beyond sea , without any of the United ...
Page 108
... contended that the proof did not cor pond with either of these descriptions of the nature and cause of the injury , and that so there was a variance between the alle gations and the proof . The proof was , that the accident was ...
... contended that the proof did not cor pond with either of these descriptions of the nature and cause of the injury , and that so there was a variance between the alle gations and the proof . The proof was , that the accident was ...
Page 112
... contended for the defendants , that if there were no variance , the declaration is wholly insufficient , " because it is so general as not to apprize the defendants of the ground of the plaintiff's claim . It is not alleged in what ...
... contended for the defendants , that if there were no variance , the declaration is wholly insufficient , " because it is so general as not to apprize the defendants of the ground of the plaintiff's claim . It is not alleged in what ...
Page 143
... contended on the part of the plaintiffs , before the jury , that the testimony of Chamberlain did not prove an agree- ment between the parties , that the leather should be delivered upon a credit of six months ; that at most it only ...
... contended on the part of the plaintiffs , before the jury , that the testimony of Chamberlain did not prove an agree- ment between the parties , that the leather should be delivered upon a credit of six months ; that at most it only ...
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Common terms and phrases
13 Mass action agreement alleged amount answer appears assessed assessors assignment ASSUMPSIT attachment avers barratry bill bond Boston cause charge choses in action cited claim commenced commissioners common common law Commonwealth contended contract conveyance count Court court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered the opinion demand district dwellinghouse entitled equity estoppel evidence execution executor expenses fact granted Greenl held indorsed intent interest intestate Johns judge judgment jurisdiction jury land LEMUEL SHAW liable Luther Medford Metc mortgage nonsuit notice objection officer owner paid parties partner payment petitioner Pick plaintiff plea pleaded possession premises probate proved purchase purpose question real estate received recover remedy replevin Royal Tyler rule seisin statute Sudbury sufficient suit tenant term thereof tiff tion town trespass trial trustee verdict versus Westford witness writ
Popular passages
Page 297 - And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
Page 482 - Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the commonwealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, and who shall have paid...
Page 105 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 482 - State or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of Governor, Lieutenant-Governor, Senators, and Representatives ; and no other person shall be entitled to vote in such elections.
Page 401 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 379 - ... but the same may be prosecuted to final judgment in the same manner as if the said...
Page 426 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Page 319 - Thus an acquittal on an indictment for murder will be a good bar to an indictment for manslaughter, and e converse, an acquittal on an indictment for manslaughter will be a bar to a prosecution for murder ; for in the first instance, had the defendant been guilty, not of murder but of manslaughter, he would have been found guilty of the latter...
Page 482 - Senators, or Representatives, and who shall have paid, by himself, or his parent, master, or guardian, any State or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned...
Page 397 - 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.