Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 74H.O. Houghton and Company, 1865 - Law reports, digests, etc |
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Common terms and phrases
ACTION OF CONTRACT agreement alleged exceptions almshouses amount authority bank bill of lading bond claim common carrier common law common pleas Commonwealth consignee Constitution conveyance conveyed court of common creditors Cush damages David Crittenden debt debtor decease declaration deed defendant defendant's delivered delivery demand discharge dollars entitled evidence Exceptions overruled fact fendant foreclosure freight Gray Greenl grist mill heirs highway indictment indorsed insolvency instructed the jury intent issue judgment jurisdiction justice land larceny legislature liable liquors Massachusetts ment mill mortgage necessary objection offence officers opinion owner paid parties payment person Pick plaintiff plaintiff in error police court possession premises proved provision punishment purpose question recover repairs rule Shaw statute subscribed subscription sufficient tenants term testator thereof tion TORT trial trial by jury trustees verdict Warren Bank wife Worcester Railroad Corporation
Popular passages
Page 38 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the 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 515 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 341 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Page 132 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 81 - In all cases where there is no rule of law regulating the assessment of damages, and the amount does not depend on computation, the judgment of the jury, and not the opinion of the court, is to govern, unless the damages are so excessive as to warrant the belief that the jury must have been influenced by partiality or prejudice, or have been misled by some mistaken view of the merits of the case.
Page 346 - Magna Charta in reference to this subject, are understood to mean due process of law, that is, by indictment or presentment of good and lawful men ; and this, says Lord Coke, is the true sense and exposition of these words.
Page 40 - ... a just, full, and true exposition of all the facts and circumstances in regard to condition, situation, and value of the property insured.
Page 492 - I. (as we have already seen) were "neither by her own consent, nor without her consent." 3 Inst. 60. Coke elsewhere repeatedly defines rape as "the carnal knowledge of a woman by force and against her will.
Page 297 - I am of opinion that although, generally speaking, where there is a delivery to a carrier to deliver to a consignee...
Page 363 - No person shall be deprived of life, liberty or property without due process of law.' The words 'due process of law,' in this place, cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for ascertaining guilt, or determining the title to property.