Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 27H.O. Houghton and Company, 1864 |
Other editions - View all
Common terms and phrases
action administrator alleged amount appear appellee apply assignment ASSUMPSIT attachment bail bond bank charge church cited claim common law Common Pleas Commonwealth contended contract corporation county commissioners court of sessions creditors Daniel Jackson debt debtor deceased deed defendant defendant's demand discharge entitled equity evidence execution executor facts grant Hapgood heirs held highway Ibid indenture indorsed inhabitants intended interest intestate issue Johns judge judgment jury land liable mandamus Mass ment ministerial land mortgage nolle prosequi nonsuit objection opinion paid parish parties pauper payment petitioners Pick plaintiff principal probate proceedings promissory note proved provision question real estate recover referees religious society rendered Revised Stat Samuel Samuel D seisin settlement shares SHAW C. J. statute statute of limitations suit surety tenant testator tion town trespass trial trustee verdict Vermont versus vested vote widow wife witness writ
Popular passages
Page 394 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 269 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
Page 292 - ... not to the action of the writ, the plaintiff may enter a nolle prosequi as to him, and proceed against the others ; for with respect to the bankruptcy, the statute [ * 76 ] of 10 Ann, c.
Page 240 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 287 - Although in actions for torts one defendant may be found guilty and the other acquitted, yet in actions for the breach of a contract, whether it be framed in assumpsit, covenant, debt, or case, a verdict or judgment cannot in general be given in a joint action against one defendant without the other...
Page 13 - a witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only, or on the sole ground that the answering of such question may establish, or tend to establish, that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his majesty or of any other person or persons.
Page 488 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.
Page 194 - Commonwealth, shall at all times have, use, exercise and enjoy all their accustomed privileges and liberties, respecting divine worship, church order and discipline, not repugnant to the constitution of this Commonwealth, and shall be encouraged in the peaceable and regular enjoyment and practice thereof.
Page 157 - The estate in the hands of the executor is bound by law for the payment of the expenses of the decent interment of the deceased. It is just as liable for the coffin and other necessary charges of the funeral as for necessary supplies in the lifetime. We are all clearly of the opinion that the law raises & promise on the part of the executor or administrator to pay the funeral expenses so far as he has assets.
Page 14 - It has been decided, though it was formerly doubted, that a subpae?ia duces tecum is a writ of compulsory obligation, which the court has power to issue, and which the witness is bound to obey, and which will be enforced by proper process to compel the production of the paper, when the witness has no lawful or reasonable excuse for withholding it.