Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 126H.O. Houghton and Company, 1880 - Law reports, digests, etc |
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Common terms and phrases
absent action agreement Allen amount appeared appointed assessed assignment attorney authority bank bill of exceptions bond Boston building certificate charge claim COLT Commons Commonwealth complaint contended contract corporation count creditors Cush damages declaration deed defendant's delivered demand demurrer ENDICOTT entitled equity evidence tending Exceptions overruled execution facts filed grant granting money Gray held House of Lords husband illegal indictment injury intestate intoxicating liquors judgment jury justice land liable lien Lords maintain Mass mechanic's lien ment Middlesex money bills mortgage Nahant offence opinion owner paid parties payment person petition petitioner plaintiff plaintiff in error premises Probate Court promissory note purchase purpose question Railroad received recover refused returned a verdict Senate sold statute Suffolk Superior Court tenant tenement testator testified thereof tion TORT town trial trustee votes wife writ
Popular passages
Page 558 - And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised ; in order that such assessments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at the least, and as much oftener as the General Court shall order.
Page 604 - The true reason, arising from the spirit of our constitution, seems to be this. The lords being a permanent hereditary body, created at pleasure by the king, are supposed more liable to be influenced by the crown, and when once influenced to continue so, than the commons, who are a temporary, elective body, freely *nominated by the people.
Page 570 - Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
Page 573 - In 1678 they again resolved, in fuller language, "that all aids and supplies, and aids to His Majesty in parliament, are the sole gift of the commons; and all bills for the granting of any such aids or supplies ought to begin with the commons; and that it is the undoubted and sole right of the commons to direct, limit and appoint in such bills the ends, purposes, considerations, conditions, limitations and qualifications of such grants, which ought not to be changed...
Page 599 - To this objection, which is of recent date, it is sufficient to observe, that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistable answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Page 574 - Taxation is no part of the governing or legislative power. The taxes are a voluntary gift and grant of the Commons alone.
Page 12 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces, or in which he deals, to be applied to a particular purpose, so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Page 294 - Annexed to the declaration was an account of goods sold to Moore. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows: The...
Page 581 - ... that to report any opinion, or pretended opinion. of his Majesty upon any bill, or other proceeding depending in either House of Parliament, with a view to influence the votes of Members, is a high crime and misdemeanour, derogatory to the honour of the Crown, a breach of the fundamental privileges of Parliament, and subversive of the Constitution of the country.
Page 599 - No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.