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Action of contract administrator administratrix agreed agreement alleged exceptions amount answer appears applied assignment auditor's report award Benjamin Walker Berkshire Bigelow bill bond Boston cause of action Cheshire cited claim common law common pleas Commonwealth Company copartner court of common creditors Cush damages debt debtor declaration deed defendant defendant's Dewey dollars entitled equity Essex evidence Exceptions overruled execution facts fendant fishways Gray Greenl highway indorsed Inhabitants insolvency instructed the jury intestate judge judgment land liable lien Mass ment mill mortgage objection offered opinion owner paid parties partnership payable payment person petition petitioners Pick plaintiff premises probate probate court promissory note proof proved provision purpose question Railroad real estate recover rule statute statute of frauds sufficient suit taxes term testator testified thereof tion tort town trial trustee verdict warrant witness Worcester writ
Page 110 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 203 - The question of probable cause is a mixed question of law and of fact. Whether the circumstances alleged to show it probable are true, and existed, is a matter of fact ; but whether, supposing them to be true, they amount to a probable cause, is a question of law.
Page 314 - Taken in its broadest sense, it can mean only an erection intended for use and occupation as a habitation or for some purpose of trade, manufacture, ornament or use, constituting a fabric or edifice, such as a house, a store, a church, a shed.
Page 629 - I ask your honor to charge the jury that the burden of proof is upon the defendant to show the trespass casual and involuntary, and not upon the plaintiff to show it was willful.
Page 70 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Page 253 - Every act of incorporation passed since the twentieth day of April in the year one thousand eight hundred and thirty-nine, or which shall be hereafter passed, shall at any time be subject to amendment, alteration, or repeal, at the pleasure of the Legislature : Provided, That no act of incorporation shall be repealed, unless for some violation of its charter or other default, when such charter shall contain an express provision limiting the duration of the same.
Page 312 - A promissory note payable to the order of the maker, and by him indorsed, is in legal effect a note payable to bearer. By placing his name on the back of the note the maker agrees to pay it to whomsoever may be the holder thereof. Story on Notes, §§ 16-363.
Page 458 - Search warrants were never recognized by the common law as processes which might be availed of by individuals in the course of civil proceedings or for the maintenance of any mere private right; but their use .was confined to cases of public prosecutions instituted and pursued for the suppression of crime or the detection and punishment of criminals.
Page 617 - ... to charge any person upon any special promise to answer for the debt, default, or miscarriage of another person, .... unless the agreement upon which the action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereto lawfully authorized.