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according action administrator admitted agreement allowed appear applied assigned attachment authority bank bill bond brought called cause charged cited claim common commonwealth consideration considered contended contract conveyed Court creditor debt deed defendant delivered demand deposition dollars effect entitled entry evidence exceptions execution fact give given grant ground held inhabitants intention interest issue Johns judge judgment jury justice land legislature liable limited March Mass meeting mortgage necessary notice objection opinion owners paid parish Parker party passed payment person Pick plaintiff Pleas possession present principle promise proved purchase question reason received record recover regard respect returned Revised rule settled statute sufficient suit supposed taken tenant term tion town trial trustee verdict versus void whole witness writ
Página 225 - ... 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...
Página 22 - 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.
Página 89 - 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.
Página 334 - ... without being obliged to purchase it; completely and without any denial; promptly, and without delay; conformably to the laws.
Página 23 - Dobe, or to his assigns, he or they paying freight for the said goods, per hhd., with primage and average accustomed.
Página 163 - 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,
Página 414 - 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
Página 334 - 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.
Página 116 - 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.