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11 Mass action ademption aliunde alleged appeared assignment assumpsit bond Boston charge cited claim common law Common Pleas common recovery commonwealth consideration considered contended contract conveyance conveyed corporation count Court of Common Court of Sessions covenant creditors damages debt declaration deed defendant delivered the opinion demand effect entitled estate tail evidence execution executors executory devise fact father fee simple fee tail feme covert fendant ferry fraud give ground heirs held indorsed intent interest intestate issue Johns judge judgment jury land lease legacy liable libel ment mortgage nonsuit objection paid parties payable payment personal estate petitioners Pick plaintiff pleaded possession presumption principle probate proceedings promise promissory note proved question real estate received recover rendered rent replevin revocation rule seised seisin statute statute of frauds sufficient suit tenant thereof tion trial trustee verdict versus void wife witness writ
Page 134 - ... if the court should be of opinion that the plaintiff was entitled to recover.
Page 342 - That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Page 203 - 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 340 - ... the individual, or that he entertain and pursue any general bad purpose or design. On the contrary, he may be actuated by a general good purpose, and have a real and sincere design to bring about a reformation of manners; but if in pursuing that design he wilfully inflicts a wrong on others, which is not warranted by law, such act is malicious.
Page 547 - If this were not so it would be in the power of the parties, by negligence or design, to invest those courts with a jurisdiction expressly denied to them.
Page 554 - But the reason given for this is, that when one party demands of the other the performance of a mutual agreement by which concurrent acts are to be performed by each party, an offer on the part of the party making the demand to perform his part of the agreement is implied and understood ; and when the other party refuses to comply, he thereby dispenses with any offer. And when he neglects to comply without assigning any reason for his non-compliance, the effect is the same.
Page 554 - Where concurrent acts are to be performed by the parties at the same time, the party suing for damages for the nonperformance by the other party is only required to aver that he was ready and willing to perform the agreement on his part, and that the defendant was requested to perform the agreement on his part, but refused so to do.
Page 172 - The jury, having found a verdict for the plaintiff, the defendant moved for a new trial by reason of said exceptions.
Page 285 - ... not at liberty to controvert. But it is not necessary that the verdict should be in relation to the same land, for the verdict is only set up to prove the point in question, and every matter is evidence that amounts to a proof of the point in question.