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action administrator aforesaid agreement alleged amount appear assignment assumpsit Atlas Bank authority bank barque bill of lading bills bond Boston bottomry Broughton cargo certificate charge claim Colerain common pleas Commonwealth contract count court of common covenant creditors damages debt debtor decease deed defendant defendant's demand discharge easement entitled evidence execution executor fact fendant given Hathaway heirs held homicide indictment indorsed insolvent law instructions intention interest judge judgment jury land larceny liable malice Mary Sumner ment nonsuit notice objection offence officer opinion owner paid parties Patrick Donahoe payable payment persons petition Pick pilotage plaintiff possession premises presumption principle proceedings promissory note proof proved provision purchase question received recover replevin rule selectmen set-off statute statute of limitations stockholders sufficient suit surety tenant testator thereof tion town trial trust verdict vessel vote warrant Wend writ
Page 199 - ... all actions of debt grounded upon any lending or contract without specialty...
Page 107 - Malice, in common acceptation, means ill will against a person ; but in its legal sense it means, a wrongful act, done intentionally, without just cause or excuse.
Page 37 - When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in the manner following: First.
Page 107 - In a legal sense, any act done wilfully and purposely to the prejudice and injury of another, which is unlawful, is, as against that person, malicious.
Page 197 - But it is said that courts of equity are not within the statute of limitations. This is true in one respect; they are not within the words of the statutes, because the words apply to particular legal remedies; but they are within the spirit and meaning of the statutes, and have been always so considered.
Page 188 - The statute (How., § 8723,) of limitations provides that the following actions shall be commenced within six years next after the cause of action shall accrue, and not afterwards...
Page 114 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 122 - ... the involuntary consequence of some act, not strictly lawful, or (if voluntary) occasioned by some sudden and sufficiently violent provocation. And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is...
Page 4 - the coachman must have competent skill, and use that skill with diligence ; he must be well acquainted with the road he undertakes to drive ; he must be provided with steady horses, a coach and harness of sufficient strength, and properly made ; and also with lights by night. If there be the least failure in any one of these things, the duty of the coach proprietors is not fulfilled, and they are answerable for any injury or damage that happens.