Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 56H.O. Houghton and Company, 1864 - Law reports, digests, etc |
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Common terms and phrases
action admitted agreement alleged amendment amount appeared assignee assumpsit attachment authority award barratry bill carriage cause charge claim commenced common pleas Commonwealth contract conveyance conveyed count court of common court of equity creditors damages debt debtor decease deed defendant defendant's demand district attorney dollars duty entitled equity evidence execution executors facts Farley fee simple fendant granted grantor Greenl ground hackney carriage held indictment insolvent Insurance interest Joseph Fletcher judge judgment land LEMUEL SHAW levy license master Mattapoisett mayor and aldermen ment Middleborough mortgage mortgagor nonsuit officer opinion owner paid parties payment person petition petitioner Pick plaintiff possession premises present proceedings prove purpose question Rachel Smith real estate recover replevin rule selectmen ship sold statute suit Tahiti tenant term testator therein thereof thereupon tiff Timoleon tion town trial trustees verdict void wife witness writ
Popular passages
Page 573 - In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them : the judicial shall never exercise the legislative and executive powers,, or either of them : to the end it may be a government of laws and not of men.
Page 106 - It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the SUPREME BEING, the great Creator and Preserver of the Universe.
Page 108 - And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience : or for his religious profession or sentiments ; provided he doth not disturb the public peace or obstruct others in their religious worship.
Page 280 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 334 - In that case it was resolved that " when any has authority as attorney to do any act, he ought to do it in his name who gave the authority." The reason of this resolution is obvious. The title can regularly pass out of the person in whom it is vested only by a conveyance in his own name; and this cannot be executed by another for him, when it could not in law be executed by himself. A conveyance...
Page 162 - If any part of an agreement is valid, it will avail pro tanto, though another part of it may be prohibited by statute; provided the statute does not, either expressly or by necessary implication, render the whole void; and provided, furthermore, that the sound part can be separated from the unsound, and be enforced without injustice to the defendant.
Page 346 - By the common law of Massachusetts, and without reference to any statute, a father, if of sufficient ability, is as much bound to support and provide for his infant children, in sickness and in health, as a husband is bound by the same law and by the common law of England to support and provide for his wife.
Page 347 - England to support and provide for his wife. And if a husband desert his wife or wrongfully expel her from his house and make no provision for her support, one who furnishes her with necessary supplies may compel the husband by an action at law to pay for such supplies. And our law is the same, we have no doubt, in the case of a father who deserts or wrongfully discards his infant children.
Page 575 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Page 485 - MR. CHIEF JUSTICE VINSON delivered the opinion of the Court. The principal question to be decided in this case is whether the employees of a mutual ditch company are exempt from the provisions of the Fair Labor Standards Act 1 as persons employed in agriculture.