Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 84H.O. Houghton and Company, 1866 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession aforesaid agreed agreement alleged exceptions American Bible Society American Colonization Society amount appear applied assignment attachment authority Bank BIGELOW bill charged cited claim Commonwealth complaint contract conveyance conveyed creditor Cush damages debt debtor deceased declaration deed defendant defendant's demand discharge equity evidence Exceptions overruled Exceptions sustained execution facts Fox & Co Gray green sand held highway indictment indorsed insolvent instructed the jury intent interest judge judgment land liable liquors maintain Mattoon ment mill mortgage notice objection officer opinion owner paid parties payment person petition petitioner Pick plaintiff Pond & Co premises proceedings promissory note proof prove provisions purpose question railroad reason received rule sold statute sufficient suit superior court tenant testator therein thereof tiff tion TORT town trial trustee valid verdict warrant West Boston Bridge witness writ
Popular passages
Page 12 - Jacob 4 for the product of or substitute for the original thing still follows the nature of the thing itself, as long as it can be ascertained to be such...
Page 152 - A riot is where three or more actually do an unlawful act of violence, either with or without a common cause or quarrel : as if they beat a man ; or hunt and kill game in another's park, chase, warren, or liberty ; or do any other unlawful act, with force and violence; or even do a lawful act, as removing a nuisance, in a violent and tumultuous manner.
Page 386 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 145 - It is also true at common law that 'during the term wherein any judicial act is done the record remains in the breast of the judges of the court and in their remembrance, and therefore the roll is alterable during that term as the judges shall direct; but when that term is past, then the record is in the roll, and admits of no alteration, averment or proof to the contrary.
Page 638 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation...
Page 117 - ... as a security for the payment of a debt or the performance of some...
Page 141 - If a man receives a wound, which is not in itself mortal, but either for want of helpful applications, or neglect thereof, it turns to a gangrene, or a fever, and that gangrene or fever be the immediate cause of his death, yet, this is murder or manslaughter in him that gave the stroke or wound, for that wound, though it were not the immediate cause of...
Page 151 - JS naked and uncovered, for a long space of time, to wit, for the space of one hour...
Page 47 - ... the wife shall be entitled to her dower in his lands in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce.
Page 214 - Assertions concerning the value of property which is the subject of a contract of sale, or in regard to its qualities and characteristics, are the usual and ordinary means adopted by sellers to obtain a high price, and are always understood as affording to buyers no ground for omitting to make inquiries for the purpose of ascertaining the real condition of the property.