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11 Cush 13 Allen 13 Gray 16 Mass 22 Pick 9 Allen 9 Gray 97 Mass alleged amended by St amount answer appointed attachment authority Bank Berkshire bond certificate Chapter city of Boston clause clerk common law Commonwealth contract corporation County Commissioners creditor damages debt debtor deceased declaration deed defendant deposition discharge entitled entry equity evidence execution executor or administrator fees filed guardian held husband indictment insolvent judgment jurisdiction justice land liable Lowell marriage Middlesex mortgage mortgagor necessary notice officer party payment person plaintiff police court possession prior probate court proceedings promissory note provisions real estate record recover repealed and superseded Repealed by St replevin rule Salary scire facias Sect section applies seems sheriff Smith sufficient Suffolk suit superior court superseded by St supreme court Taunton tenant testator thereof tion town trustee process valid William Worcester writ
Page 241 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 391 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he roust be asked whether or not he has made such statement.
Page 391 - 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 410 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Page 8 - old and unshaken rule in the construction of statutes, to wit, that the intention of a remedial statute will always prevail over the literal sense of its terms, and therefore when the expression is special or particular, but the reason is general, the expression should be deemed general.
Page 391 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony...
Page 268 - The rule of law is that, upon a person's leaving his usual home and place of residence, for temporary purposes, and not being heard of or known to be living for the term of seven years, the presumption is that he is not alive. It must appear that he has not been heard of by those persons who would naturally have heard from him during the time had he been alive.
Page 394 - ... to the suit, is not admitted as a witness at all, and cannot testify to any fact in the case. Otherwise, he is admitted as a witness, and being so admitted, the statute contains no restriction nor limitation as to the facts to which his testimony may or may not be directed. His competency must be determined in advance by the nature of the controversy and the questions in issue.
Page 74 - When a horse, by reason of fright, disease or viciousness, becomes actually uncontrollable, so that his driver cannot stop him, or direct his course, or regain control over his movements, and in this condition comes upon a defect in the highway .... by which an injury is occasioned, the town is not liable for the injury, unless it appears that it would have occurred if the horse had not been so uncontrollable.