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action administrator admitted agreed alleged allowed amount appear appellee apply assignment attachment authority bank brought cause charge church cited claim commissioners common Commonwealth condition consideration considered contended contract corporation Court creditors debt deed defendant demand discharge effect entered entitled evidence exception execution executor expenses facts give given grant ground hands heirs held highway inhabitants intended interest issue Johns judge judgment jury land liable limitation Mass mortgage necessary notice objection opinion paid parish parties passed payment Pick plaintiff plea possession present principal proceedings proved provision question reason received recover referred regard rendered rule Samuel settled shares society statute sufficient suit taken tenant tion town trial trustee verdict vote whole wife witness writ
Page 392 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 290 - ... not to the action of the writ, the plaintiff may enter a nolle prosequi as to him, and proceed against the others ; for with respect to the bankruptcy, the statute [ * 76 ] of 10 Ann, c.
Page 238 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 285 - Although in actions for torts one defendant may be found guilty and the other acquitted, yet in actions for the breach of a contract, whether it be framed in assumpsit, covenant, debt, or case, a verdict or judgment cannot in general be given in a joint action against one defendant without the other...
Page 13 - a witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only, or on the sole ground that the answering of such question may establish, or tend to establish, that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his majesty or of any other person or persons.
Page 486 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.
Page 192 - Commonwealth, shall at all times have, use, exercise and enjoy all their accustomed privileges and liberties, respecting divine worship, church order and discipline, not repugnant to the constitution of this Commonwealth, and shall be encouraged in the peaceable and regular enjoyment and practice thereof.
Page 155 - The estate in the hands of the executor is bound by law for the payment of the expenses of the decent interment of the deceased. It is just as liable for the coffin and other necessary charges of the funeral as for necessary supplies in the lifetime. We are all clearly of the opinion that the law raises & promise on the part of the executor or administrator to pay the funeral expenses so far as he has assets.
Page 14 - It has been decided, though it was formerly doubted, that a subpae?ia duces tecum is a writ of compulsory obligation, which the court has power to issue, and which the witness is bound to obey, and which will be enforced by proper process to compel the production of the paper, when the witness has no lawful or reasonable excuse for withholding it.