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action agreed agreement alleged allowed amount answer appears applied authority Bank bill bond building cause charged church cited claim commissioners common Commonwealth Company condition consideration contract conveyed corporation court Cush damages debt deed defendant demand determine direction district dollars effect established evidence exceptions execution facts further give given Gray ground held indictment Inhabitants instructed intended interest issue judge judgment jury land liable maintain means mortgage murder necessary notice objection offered officer opinion owner paid parties payment person petition Pick plaintiff possession premises present proceedings proof proved provisions question Railroad reason received recover rendered road rule statute sufficient suit superior court taken thereof tion tort town trial verdict whole witness writ
Page 572 - * * * it is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 425 - ... everything which tends to enlarge the resources, increase the industrial energies, and promote the productive power of any considerable number of the inhabitants of a section of the state, or which leads to the growth of towns, and the creation of new sources for the employment of private capital and labor, indirectly contributes to the general welfare and to the prosperity of the whole community": Talbot v.
Page 425 - It has never been deemed essential that the entire community, or any considerable portion of it, should directly enjoy or participate in an improvement or enterprise, in order to constitute a public use, within the meaning of these words as used in the constitution.
Page 422 - It is a well-settled rule of constitutional exposition that, if a statute may or may not be, according to circumstances, within the limits of legislative authority, the existence of the circumstances necessary to support it must be presumed.
Page 173 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...
Page 302 - The grounds of exemption from liability, as stated in the authorities last named, are that the corporation is engaged in the performance of a public service, in which it has no particular interest, and from which it derives no special benefit or advantage in its corporate capacity, but which it is bound to see performed in pursuance of a duty imposed by law for the general welfare of the inhabitants, or of the community...
Page 551 - ... that the literary proprietor of an unprinted play cannot, after making or sanctioning its representation before an indiscriminate audience, maintain an objection to any such literary or dramatic republication by others as they may be enabled, either directly or secondarily, to make from its having been retained in the memory of any of the audience.
Page 79 - if it can, upon the whole instrument, be collected that the true object and intent of it are to bind the principal, and not to bind the agent, courts of justice will adopt that construction of it, however informally it may be expressed ": Id., sec.