Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of MassachusettsLittle, Brown, 1864 |
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Page 30
... evidence of such conviction to go to the jury . * Without expressing any opinion as to the requisites for giving authenticity to records of other governments and states so as to entitle them to be received as evidence in this com ...
... evidence of such conviction to go to the jury . * Without expressing any opinion as to the requisites for giving authenticity to records of other governments and states so as to entitle them to be received as evidence in this com ...
Page 102
... evidence cannot be admitted to alter or control it . But if the written agreement does not purport to contain the contract of sale or to recite the whole of the contract of the parties , then parol evidence was admissible , to show what ...
... evidence cannot be admitted to alter or control it . But if the written agreement does not purport to contain the contract of sale or to recite the whole of the contract of the parties , then parol evidence was admissible , to show what ...
Page 114
... evidence which they had discover- ed since the trial , the following , among other remarks , were made by PUTNAM J ... evidence made a primâ facie case for the plaintiff . In Chris- tie v . Griggs , 2 Campb . 79 , Sir James Mansfield ...
... evidence which they had discover- ed since the trial , the following , among other remarks , were made by PUTNAM J ... evidence made a primâ facie case for the plaintiff . In Chris- tie v . Griggs , 2 Campb . 79 , Sir James Mansfield ...
Page 127
... evidence applied to that count alone , the verdict will be amended , on motion of the plaintiff , by entering a verdict for the defendant on the other counts . As a general rule , in the trial of an action , the plaintiff should produce ...
... evidence applied to that count alone , the verdict will be amended , on motion of the plaintiff , by entering a verdict for the defendant on the other counts . As a general rule , in the trial of an action , the plaintiff should produce ...
Page 131
... evidence of misconduct or unfairness on the part of the plain- tiffs in making the re - sale , supposing the sugar ... evidence to support it and waited for the defence to be opened and the defendant's witnesses to be examined , to put ...
... evidence of misconduct or unfairness on the part of the plain- tiffs in making the re - sale , supposing the sugar ... evidence to support it and waited for the defence to be opened and the defendant's witnesses to be examined , to put ...
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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.