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action administrator aforesaid agreed agreement alleged allowed amount appear applied assignment authority bank bills bond Boston bound cause certificate charge claim common Commonwealth considered contract count court creditors damages debt debtor decided deed defendant demand direct discharge easement effect entered entitled evidence exceptions execution executor fact further give given granted ground heirs held indictment insolvent instructions intention interest issued judge judgment jury land liable limits loss malice Mass months necessary notice objection offered officer opinion owner paid parties payment persons petition Pick plaintiff possession premises present principle proceedings proof proved provision purchase question reason received recover reference rule statute sufficient suit taken tenant term thereof tion town trial trustee unless verdict vessel whole witness
Page 197 - ... all actions of debt grounded upon any lending or contract without specialty...
Page 105 - Malice, in common acceptation, means ill will against a person ; but in its legal sense it means, a wrongful act, done intentionally, without just cause or excuse.
Page 37 - When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in the manner following: First.
Page 105 - In a legal sense, any act done wilfully and purposely to the prejudice and injury of another, which is unlawful, is, as against that person, malicious.
Page 195 - But it is said that courts of equity are not within the statute of limitations. This is true in one respect; they are not within the words of the statutes, because the words apply to particular legal remedies; but they are within the spirit and meaning of the statutes, and have been always so considered.
Page 186 - The statute (How., § 8723,) of limitations provides that the following actions shall be commenced within six years next after the cause of action shall accrue, and not afterwards...
Page 112 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 120 - ... the involuntary consequence of some act, not strictly lawful, or (if voluntary) occasioned by some sudden and sufficiently violent provocation. And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is...
Page 4 - the coachman must have competent skill, and use that skill with diligence ; he must be well acquainted with the road he undertakes to drive ; he must be provided with steady horses, a coach and harness of sufficient strength, and properly made ; and also with lights by night. If there be the least failure in any one of these things, the duty of the coach proprietors is not fulfilled, and they are answerable for any injury or damage that happens.