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Common terms and phrasesaction agreed agreement alleged exceptions Allen amount appeared appointed assessment assignment attorney auditor auditor's report authority bill bond Boston charge Charlestown claim commissioners Commonwealth contract conveyed corporation creditor Cush damages debt declaration deed defendant defendant's delivered demand demurrer entitled equity evidence tending execution executor fact fendant filed Fitchburg Railroad Gray held horse Housatonic Railroad Hursell indictment injury instruct the jury Insurance Company intent interest issued judge judgment land lease liable Mass Massachusetts Medical Society ment mortgage Mystic River notice objection officer owner paid parties payment person petition petitioners Philip Caldwell Pick plaintiff premises promissory note purchase purpose question quitclaim deed Railroad Company received recover refused requested rule sold statute statute of frauds street suit Superior Court tenant testator testified thereof Thwing tiff tion town trial trustees verdict wife William witness writ Popular passagesPage 80 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court... Page 99 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandises and ship, tfec., or any part thereof, without prejudice to this insurance ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. Page 145 - The act of a third person, intervening and contributing a condition necessary to the Injurious effect of the original negligence will not excuse the first wrongdoer, If such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to be found in the probable injurious consequences which were to be anticipated, not in the number of subsequent events and agencies which might arise. Page 142 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk... Page 152 - ... in such portions and at such time or times as the directors of said company may, agreeably to their act of incorporation, require. Page 268 - Where a regulation of this character is known to the customer before the contract for transportation is made, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted with reference to it (Miller v. Page 466 - ... for the redemption of bills of credit or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being... Page 68 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony... Page 206 - Constitution, as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, under the Constitution, and the manner of returning the votes given at such meetings... Page 276 - In all contested matters in insolvency the court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and equity may require; in awarding costs, the court may issue execution therefor. Bibliographic information
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