Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 87H.O. Houghton and Company, 1863 - Law reports, digests, etc |
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Common terms and phrases
action agreed agreement Allen amount answer appeared assignment attached authority averred Bank Baylies BIGELOW BILL IN EQUITY bond Boston charge cited claim clause common law Commonwealth contract conveyance conveyed corporation court of equity creditors Cush damages debt debtor deceased declaration decree deed defendant's demurrer discharge dollars Edward Belknap Elzaphan entitled evidence Exceptions overruled execution executors facts Fall River Railroad fendant fund given Gray heirs at law held homestead income indorsed insolvent intent interest judge judgment land liable lien marriage ment mortgage objection owner paid parties partner partnership payment Payson personal estate petition petitioner Pick plaintiff premises probate proceedings promissory note prove provisions purchase purpose question real estate reason received recover replevin Rhode Island River Railroad Company rule Smith statute statute of distributions sufficient suit superior court sustained thereof tiff tion trial trust valid whole writ
Popular passages
Page 168 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 459 - Any married woman may carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor or services shall be her sole and separate property, and may be used and invested by her in her own name...
Page 146 - ... materials and stock designed and procured by him, and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding one hundred dollars in value...
Page 9 - The jury should have been instructed to find a verdict for the defendant. If the plaintiff had been entitled to recover at all in this case, he was only entitled to nominal damages.
Page 114 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 429 - Constitution ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth ; and also to impose and levy reasonable duties and excises, upon any produce, goods, wares, merchandise, and commodities whatsoever, brought into, produced, manufactured, or being within the same...
Page 238 - The case for the plaintiff mainly rests on the single proposition of law, that a corporation established by the legislature of this commonwealth, by acts which, under St. 1830, c. 81...
Page 242 - ... that the holders of shares invested their property in the corporation relying upon a contract entered into between it and the Legislature that the provisions of the act creating it should remain unchanged. But it is difficult to see how such a construction can be put on a contract which contains an express stipulation that it shall be subject to amendment and alteration. If it be asked by whom such amendment or alteration is to be made, the answer is obvious : by the parties to the contract,...
Page 71 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Page 5 - Court. can in law warrant finding an acceptance, and this includes cases where, though the court might admit that there was a scintilla of evidence tending to show an acceptance, they would still feel bound to set aside a verdict finding an acceptance on that evidence.