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11 Mass action administrator admitted alleged appear applied assigned assumpsit attachment authority bank bill bond by-law certiorari cited claim codicil Coffin common law Common Pleas commonwealth consideration contended contract conveyance conveyed Court of Common covenant creditor debt debtor deceased deed defendant defendant's delivered the opinion demand deposition dollars dower entry equity estoppel evidence execution executor fact feme covert feoffment fraud grant grantor Greenl heirs held Ibid indictment indorser inhabitants insolvent intended interest intestate ISAAC PARKER John Tufts Johns judgment jury justice land legislature liable libel mortgage nonsuit notice objection owners paid parish Parker C. J. party payment person Pick plaintiff plea in abatement pleaded principle promise promissory note proved question received record recover Revised Stat SAMUEL PUTNAM seised seisin settled statute suit supposed tenant testator tion town trial trover trustee usury verdict versus void voyage witness writ
Page 212 - ... either an express or an implied promise; such as an infant's debt for necessaries, or a father's promise to pay for the support and education of his minor children. But when the child shall have attained to manhood, and shall have become his own agent in the world's business, the debts he incurs, whatever may be their nature, create no obligation upon the father; and it seems to follow that his promise founded upon such a debt has no legally binding force. The cases of instruments under seal...
Page 19 - Europe, that freight is the compensation for the carriage of goods, and if it be paid in advance, and the goods be not carried by reason of any event not imputable to the shipper, it is to be repaid, unless there be a special agreement to the contrary.
Page 82 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person and the subject-matter; and the want of jurisdiction is a matter that may always be set up against a judgment when sought to be enforced, or where any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Page 315 - ... without being obliged to purchase it; completely and without any denial; promptly, and without delay; conformably to the laws.
Page 20 - Dobe, or to his assigns, he or they paying freight for the said goods, per hhd., with primage and average accustomed.
Page 154 - Parliament," intended to exclude parol evidence, the " proof must be extremely clear;" for " apparent fraud or clear and undoubted notice would be a proper ground for relief; but suspicion of notice, though a strong suspicion, [is] not sufficient to justify the Court in breaking in upon an Act of Parliament,
Page 393 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Page 315 - The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this Commonwealth.
Page 109 - are mutual items of account ; and I take it to have been clearly settled, as long as I have any memory of the practice of the courts, that every new item and credit in an account given by one party to the other is an admission of there being some unsettled account between them, the amount of which is afterwards to be ascertained ; and any 1842.