Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts
Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Horace Gray, Luther Stearns Cushing, Charles Allen, Albert Gallatin Browne
Little, Brown, 1864 - Law reports, digests, etc
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13 Mass action agreement alleged amount appear assignment Assumpsit attachment averment barratry bill bill of lading bond Boston cause cause of action charge choses in action cited claim clause common common law Commonwealth contended contract conveyance counsel count Court court of equity covenant creditor Cyrus King damages debt debtor declaration deed defendant defendant's delivered the opinion demand dwellinghouse entitled equity estoppel evidence execution executor fact fendant granted Greenl held Ibid indorsed intent interest Johns judge judgment jurisdiction jury land liable loss ment mortgage nonsuit notice objection officer owner paid parties partner payment person petitioner Pick plaintiff plea possession probate proceedings promissory note proved purpose question real estate received recover replevin Royal Tyler rule seisin ship statute sufficient suit tenant term thereof tiff tion town trial trustee verdict versus vessel voyage warrant witness writ
Page 517 - And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
Page 554 - Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the commonwealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, and who shall have paid...
Page 270 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 554 - State or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of Governor, Lieutenant-Governor, Senators, and Representatives ; and no other person shall be entitled to vote in such elections.
Page 438 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 398 - ... but the same may be prosecuted to final judgment in the same manner as if the said...
Page 482 - 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 551 - Thus an acquittal on an indictment for murder will be a good bar to an indictment for manslaughter, and e converse, an acquittal on an indictment for manslaughter will be a bar to a prosecution for murder ; for in the first instance, had the defendant been guilty, not of murder but of manslaughter, he would have been found guilty of the latter...
Page 554 - Senators, or Representatives, and who shall have paid, by himself, or his parent, master, or guardian, any State or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned...
Page 431 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.