Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 59H.O. Houghton and Company, 1853 |
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action agent alleged amount arbitrators assigned assumpsit authority award bill Boston and Lowell Boston Iron company C. P. Huntington charge charter-party church city of Boston claim common pleas Commonwealth contract conveyance corporation court of common court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered demand discharge entitled evidence executed fact fendant given Gray and company held Horace Gray indictment indorser insolvent judgment jurisdiction land lease lessee lessor liable Lowell railroad ment mortgage municipal court Nantucket ne exeat notice objection offence opinion paid parties payment Peleg Tallman person petitioner plaintiff plaintiff in error premises proceedings promissory note proprietors proved provisions purpose question recover residence resulting trust rule South Boston statute street Suffolk suit supreme judicial court Tallman tenant term thereof tiff tion trial trust verdict warrant Webster William Slack Wilmington witness writ
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Página 207 - Legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them, especially the University at Cambridge ; public schools and grammar schools in the towns...
Página 407 - April next, and that, at two o'clock in the afternoon of that day, you be taken thence to the place of execution, and there be hanged by the neck till you are dead! dead! dead ! And may the Almighty God have mercy on your soul...
Página 236 - Kindred of the half blood. Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor must be excluded from such inheritance in favor of those who are.
Página 320 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Página 272 - Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority; 18. When the seal of a court or public officer is required by law to be affixed to any paper, the word "seal...
Página 111 - If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected, for the common convenience and welfare of society; and the law has not restricted the right to make them within any narrow limits.
Página 106 - ... and the said plaintiff hath been and is by means of the premises otherwise greatly injured...
Página 249 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.
Página 230 - And provided also, that in case the premises; or any part thereof during said term, be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use and habitation...
Página 209 - It is urged, that this maintenance of separate schools tends to deepen and perpetuate the odious distinction of caste, founded in a deep-rooted prejudice in public opinion. This prejudice, if it exists, is not created by law, and probably cannot be changed by law.