Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 93H.O. Houghton and Company, 1867 |
From inside the book
Page 303
... plaintiff's box was delivered to them for transportation . The jury were in effect instructed that , if they found ... proof of the contract , so far as regards the extent and degree of liability , and , the bailor having proved delivery to a ...
... plaintiff's box was delivered to them for transportation . The jury were in effect instructed that , if they found ... proof of the contract , so far as regards the extent and degree of liability , and , the bailor having proved delivery to a ...
Page 316
... upon that particular kind of conveyance , and he exercises the utmost skill in the use of such means , he has discharged his legal obligations . The case of Hegeman v . Western Railroad , 3 Kernan , 9 , cited by the plaintiff ... jury that if ...
... upon that particular kind of conveyance , and he exercises the utmost skill in the use of such means , he has discharged his legal obligations . The case of Hegeman v . Western Railroad , 3 Kernan , 9 , cited by the plaintiff ... jury that if ...
Page 317
... burden of proof . It will be found , we believe , in all of them that the na ... plaintiff was a passenger , Denman , C. J. told the jury that , " it having ... upon the defendant to explain the cause , and exculpate himself . Upon ...
... burden of proof . It will be found , we believe , in all of them that the na ... plaintiff was a passenger , Denman , C. J. told the jury that , " it having ... upon the defendant to explain the cause , and exculpate himself . Upon ...
Page 337
... jury ; but the judge refused to do so , and instructed the jury that a fire so originating would not be " a fire origi- nating in the theatre proper . " The jury returned a verdict for the plaintiff , and the defend- ants alleged ...
... jury ; but the judge refused to do so , and instructed the jury that a fire so originating would not be " a fire origi- nating in the theatre proper . " The jury returned a verdict for the plaintiff , and the defend- ants alleged ...
Page 620
... jury . Ib . 11. Upon the issue whether a debtor who asked an extension from ... instructions were erroneous concerning other issues , upon which they also found ... burden of proof is on the plaintiff to show a loss not originating in the ...
... jury . Ib . 11. Upon the issue whether a debtor who asked an extension from ... instructions were erroneous concerning other issues , upon which they also found ... burden of proof is on the plaintiff to show a loss not originating in the ...
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Common terms and phrases
action agent Allen answer appear assignee attorney authority bill bill of lading Boston cause charge charity charter charter party cited claim commissioners common law Commonwealth contract conveyance corporation creditors Cush damages debt debtor declaration deed defendant defendant's dollars entitled equity evidence Exceptions overruled execution facts fendant filed granted Gray held homestead husband indictment injury insolvency instruct the jury intention intestate issue judge judgment jurisdiction land legislature liable Licata lien mackerel ment mortgage Nathaniel Green Northrup notice objection owner paid parties payment person petitioner Pick plaintiff premises present proceedings prove provision purpose question Railroad real estate reason recognizance recover replevin requested resulting trust rule selectmen statute statute of frauds sufficient suit superior court tenant testator testified thereof tiff tion TORT town trial trust valid verdict vessel warrant wife Winnisimmet Company witness Wonson writ
Popular passages
Page 59 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 61 - In his presence, and by his express directions, and shall be attested and subscribed in the presence of the testator by three or more competent witnesses.
Page 174 - They cannot be subjected to legal proceedings, at law or in equity, without their consent ; and whoever institutes such proceedings must bring his case within the authority of some act of Congress.
Page 256 - ... together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.
Page 279 - States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively...
Page 50 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 52 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two 'or more witnesses present at the same time; and such witnesses shall attest and subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 371 - ... the defense of it, he is no longer regarded as a stranger, because he has the right to appear and defend the action, and has the same means and advantages of controverting the claim as if he was the real and nominal party upon the record.
Page 364 - Infancy is a personal privilege of which no one can take advantage but himself. Voorhees v.
Page 455 - Hardwicke says, in so many words, " the charter of the crown cannot make a charity more or less public, but only more permanent than it would otherwise be...