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Other editions - View allCommon terms and phrasesabsent action agreed agreement alleged exceptions Allen amount appear assessed assignment authority Bank bill of exceptions bond Boston claim Colt Commonwealth construction contended contract corporation county commissioners covenant creditor Cush damages debt deed deed poll defendant defendant's Devens discharge Eastern Counties Railway Endicott entitled equity Exceptions overruled executed executor facts fendant Fitchburg Railroad Company grantee grantor Gray held highway injury insolvency interest judge judgment jury justice land lease liable Lord loss maintain Mass ment mortgage notice Old Colony Railroad opinion owner paid parties payable payment person petition petitioner plaintiff pond premises Probate Court promissory note provisions purchase question quitclaim deed Railroad reason recover replevin rule Scollan sold statute Street Suffolk Superior Court sureties taxes tenant tending to show testator thereof tiff tion Tort town trial trustee ultra vires verdict writ Popular passagesPage 197 - ... appear and show cause why the prayer of the petition should not be granted... Page 267 - James that this doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the Legislature has authorized, ought not (unless expressly prohibited) to be held, by judicial construction, to be ultra vires. Page 166 - In the former case, where the condition was that the policy should be void if any change should take place in the title or possession of the property insured, whether by sale, transfer, or conveyance, legal process or judicial decree... Page 377 - Commonwealth, with any absolute right, independent of legislation, to take part in the government, either as a voter or as an officer, or to be admitted to practice as an attorney. Page 302 - ... is to be construed according to its sense and meaning, as collected in the first place from the terms used in it, which terms are themselves to be understood in their plain, ordinary, and popular sense, unless they have generally in respect to the subject matter, as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words... Page 369 - ... that the taxation shall not be at a greater rate than is assessed upon other moneyed capital In the hands of individual citizens of such state... Page 270 - We take the general doctrine to be, in this country (though there may be exceptional cases and some authorities to the contrary), that the powers of corporations, organized under legislative statutes, are such, and such only, as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion... Page 549 - ... sealed and delivered in the presence of and attested by two or more credible witnesses, or by her last will and testament in writing, or any writing purporting to be... Page 540 - The manual delivery of an instrument may always be proved to have been on a condition which has not been fulfilled, in order to avoid its effect. This is not to show any modification or alteration of the written agreement, but that it never became operative, and that its obligation never commenced. Page 14 - And in all cases where a debtor conveys all his property to a... Bibliographic information |