Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 68H.O. Houghton and Company, 1863 - Law reports, digests, etc |
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administrator aldermen alleged exceptions answer assessed authority bill bond Boston and Lowell canal Charles River Bridge Charlestown charter common pleas Commonwealth constitution construction conveyance conveyed county commissioners county treasurer court of common creditor Cush damages debt declaration decree deed defendant demand discharge easement eminent domain entitled equity estopped evidence execution executor facts franchise grant Greenl heirs highway indictment inhabitants insolvent judgment jurisdiction jury justice land Lawrence Railroad legacy legislature liable libel Lowell Railroad Corporation Mass mayor and aldermen Merrimack River Middlesex Canal mortgage Mutual Fire notice objection opinion owner party payment person petitioner Pick plaintiff premises proceedings proprietors prove provisions purpose question real estate recover Richard White River road rule Salem and Lowell scire facias selectmen statute taxes tenant testator thereof tion toll town trial trustee verdict void votes West Boston Bridge witness writ
Popular passages
Page 608 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Page 517 - ... same, unless it 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 two or more competent witnesses...
Page 552 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to hiscase.
Page 411 - HEREOF FAIL NOT, as you will answer your default under the pains and penalties in such cases made and provided. To to serve and return.
Page 2 - ... all powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects...
Page 112 - That such labor shall have been performed within six months next before the bankruptcy of his employer; and all creditors whose debts are not due and payable until a future day, all annuitants, holders of bottomry and respondentia bonds, holders of policies of insurances, sureties, indorsers, bail, or other persons, having uncertain or contingent demands against such bankrupt, shall be permitted to come in and prove such debts or claims under this act, and shall have a right, when their debts and...
Page 112 - States ; and such discharge and certificate, when duly granted, shall, in all courts of justice, be deemed a full and complete discharge of all debts, contracts, and other engagements of such bankrupt, which are provable under this act...
Page 473 - ... in the valuation of estates made by assessors, and being assessed for the same, to state, county, city, or town taxes, for five years successively in the place where he dwells and has his home, shall thereby gain a settlement therein.
Page 360 - B., in the last case, stated the rule with approval, that to justify a claim for pro rata freight there must be a voluntary acceptance of the goods at an intermediate port, in such a mode as to raise a fair inference that the further carriage of the goods was intentionally dispensed with; and Lord Ellenborough, in Hunter v.
Page 366 - The maxim that fraud vitiates every proceeding must be taken, like other general maxims, to apply to cases where proof of fraud is admissible. But where the same matter has been actually tried, or so in issue that it might have been tried, it is not again admissible ; the party is estopped to set up such fraud because the judgment is the highest evidence and cannot be contradicted.