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absent action agreed agreement alleged Allen allowed amount answer appeared apply assessment attached authority bank bill Boston building cause charge claim Commonwealth consideration construction contained contract conveyed corporation count court creditors damages dated debt deed defendant delivered demand determine entered entitled equity evidence exceptions execution fact filed follows give given Gray ground held indorsed instructions intended interest issue judge judgment jury land liable maintain March Mass matter mortgage necessary notice objection offered opinion owner paid parties passed payment person petitioner Pick plaintiff present prove purchase question railroad reason received recover refused road rule statute Street sufficient suit Superior Court taken tending testified thereof tion tort town trial trustees verdict whole witness
Page 433 - The degree of credit which ought to be given to the testimony of an accomplice is a matter exclusively within the province of the jury.
Page 639 - If a building shall fall, except as the result of a fire, all insurance by this company on it or its contents shall immediately cease and determine.
Page 52 - 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 303 - Under these circumstances, neither Benjamin, the maker, nor the defendant, the indorser, has the right to insist that this balance of account should be applied to the satisfaction of the note in suit, rather than of the other note of Benjamin; and, according to the terms of the report, there must be Judgment for the plaintiff.
Page 560 - Webster on Patents, 23. We are not aware of any instance in which such a course has been judicially approved. But it is within the general jurisdiction of a court of chancery to assist a judgment creditor to reach and apply to the payment of his debt any property of the judgment debtor, which by reason of its nature only, and not by reason of any positive rule exempting it from liability for debt, cannot be taken on execution at law; as in the case of trust property in which the...
Page 247 - IN the event of any company being wound up under this Act, all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as is possible, of the value of all such debts or claims as may be subject to any contingency or sound only in damages, or for some other reason do not bear a certain value.
Page 54 - The public purse, or the property of the town or county upon which the assessment is to be made, may justly be considered an adequate fund. He has no such remedy, however, against the Legislature to compel the passage of the necessary laws to ascertain the amount of compensation he is to receive, or the fund out of which he is to be paid.
Page 433 - ... the jury not to convict unless the evidence of the accomplice be confirmed, not only as to the circumstances of the crime, but also as to the identity of the prisoner.