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Other editions - View allCommon terms and phrasesaction aforesaid afterwards agreement alleged amount appears assignment assumpsit attaching creditor authority Bank bill bond Cadiz City of Boston claim commissioners common law common pleas contract conveyance corporation court of common debt debtor declaration decree deed defendant defendant's demand devise Dewey dishonored disseizin dower entitled evidence execution Executors facts given Greenl gunpowder heirs held Housatonic incompetent evidence indictment indorsed Inhabitants insolvent intention interest intestate judge of probate judgment jury land Lee Bank levy liable libel Mass McGilroy ment metes and bounds mortgage nonsuit notice objection opinion owner paid Palermo parties payable payment person petition petitioners Pick plaintiff possession premises present proceedings promissory note proved provision question real estate recover rule scire facias seizin selectmen Shaw statute statute of frauds sufficient suit tenant thereof tiff tion town trial usurious verdict Wend wife witness writ Popular passagesPage 261 - ... of law and fact to be submitted to the jury under proper instructions from the court (Filklns v. Page 205 - It is the common question every day at Guildhall, when one of two innocent persons must suffer by the fraud or negligence of a third, which of the two gave credit. Here it appears that the plaintiff trusted Thomas (the agent), and he must therefore take the consequences. Page 204 - In the latter case, if the agent exceeds his special and limited authority conferred on him, the principal is not bound by his acts ; but they become mere nullities, so far as he is concerned ; unless, indeed, he has held him out as possessing a more enlarged authority. Page 158 - Act are hereby repealed, said repeal to take effect on and after the passage of this Act, but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before... Page 562 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. Page 615 - Persons who reside on lands purchased by or ceded to the United States for navy yards, forts and arsenals, and where there is no other reservation of jurisdiction to the State than that of a right to serve civil and criminal process on such lands, are not entitled to the benefits of the common schools for their children in the towns in which the lands are situated... Page 294 - ... ev- (5607.) SEC. 12. When there shall be several issues in any 12 wend!, 2*8,0886, and a verdict shall be rendered for the plaintiff on one or more of them, and for the defendant on another, if the plaintiff obtain judgment upon the whole record, costs shall be awarded as follows : 1. When the substantial cause of action was the same in each issue, the plaintiff shall recover... Page 163 - Assured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the said goods and... Page 318 - The learned judge overruled the objection : and a verdict was found for the plaintiff on the first count, and for the defendant on the second. Page 96 - But by an ancient ordinance, usually denominated the ordinance of 1641, § 3, it is declared, " that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor of the land adjoining shall have propriety to the low-water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further... Bibliographic information
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