Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 82H.O. Houghton and Company, 1871 |
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ACTION OF CONTRACT ACTION OF TORT agent agreed agreement alleged exceptions amount Attorney authority award Bank BIGELOW bill bond Boston Callao cited claim common law Commonwealth condition Connecticut River Railroad conveyance conveyed corporation county commissioners creditors Cush damages debt declaration deed defendant defendant's discharge district dollars entry equity evidence Exceptions overruled facts Faneuil Hall freight Geelong granted grantor Gray heirs held husband indictment Inhabitants insolvency instructed the jury issue judge judgment land liable marriage ment mill mortgage murder Norfolk County Railroad North Attleborough objection officer owner paid parties payment person petition petitioner Pick plaintiff port possession premises proceedings promissory note proof proved provisions purpose question Railroad Company real estate recover replevin rule Russell Mills scire facias statute sufficient suit superior court testator thereof tiff tion TORT town trial trustee valid verdict wife witness writ
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Página 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.
Página 95 - ... be in writing, and signed by the testator, or by some person in his presence and by his express direction, and attested and subscribed, in the presence of the testator, by three or more competent witnesses.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 596 - Every man must be taken to *be cognizant of the law; otherwise there is no saying to what extent the excuse of ignorance might not be carried. It would be urged in almost every case.