Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 42H.O. Houghton and Company, 1863 - Law reports, digests, etc |
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Common terms and phrases
action aforesaid agreement alleged amount appears assignment ASSUMPSIT attaching creditor authority Bank bill bond Cadiz certiorari cited City of Boston claim commissioners common law common pleas Commonwealth consideration contract conveyance corporation court of common covenant debt debtor declaration deed defendant defendant's demand DEWEY disseizin dower entitled evidence execution Executors facts given Greenl heirs held Housatonic incompetent evidence indictment indorsed Inhabitants insolvent interest intestate judgment jury Laflin land Lee Banks LEMUEL SHAW levy liable Mass McGilroy ment mortgage nonsuit notice objection opinion owner paid Palermo parties payable payment person petition petitioners Pick plaintiff possession present proceedings promissory note proved provision question real estate received recover rule scire facias seizin selectmen SHAW sold statute statute of frauds sufficient suit surety tenant term thereof tiff tion town trespass trial usurious verdict Wend wife witness writ
Popular passages
Page 257 - ... of law and fact to be submitted to the jury under proper instructions from the court (Filklns v.
Page 201 - 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 200 - 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Page 154 - Act are hereby repealed, said repeal to take effect on and after the passage of this Act, but the repeal of existing laws or modifications thereof embraced in this Act shall not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 558 - 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 611 - 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 290 - ... 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 159 - 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 314 - 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 94 - 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...