Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumes 111-112H.O. Houghton and Company, 1903 - Law reports, digests, etc |
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Page 83
... Mass . 77 , 84 . The question whether the cause should be continued , to enable the officer to amend the return , was within the judicial discretion Haskell v . Varina . of the judge presiding at NOVEMBER TERM 1872 . 89.
... Mass . 77 , 84 . The question whether the cause should be continued , to enable the officer to amend the return , was within the judicial discretion Haskell v . Varina . of the judge presiding at NOVEMBER TERM 1872 . 89.
Page 88
... cause which is committed to them , and that , for this purpose , they have authority and power to employ the services of such person or persons as they may select , to perform the duties now devolving upon the superintendent and to fix ...
... cause which is committed to them , and that , for this purpose , they have authority and power to employ the services of such person or persons as they may select , to perform the duties now devolving upon the superintendent and to fix ...
Page 96
... cause it is agreed that the plaintiff sustained loss , and if the verdict should be in his favor , the cause is to be sent to John S. Tyler , to assess the amount of the damage ; the only questions to be tried by the jury are , Whether ...
... cause it is agreed that the plaintiff sustained loss , and if the verdict should be in his favor , the cause is to be sent to John S. Tyler , to assess the amount of the damage ; the only questions to be tried by the jury are , Whether ...
Page 114
... cause of action against these defendants . Judgment for the defendants . MARY V. RANDALL & others vs. ABIGAIL SANDERSON & others . A title adverse to the owner of a house may be acquired by prescription in a strip of iand adjacent ...
... cause of action against these defendants . Judgment for the defendants . MARY V. RANDALL & others vs. ABIGAIL SANDERSON & others . A title adverse to the owner of a house may be acquired by prescription in a strip of iand adjacent ...
Page 127
... cause it purported to give the plaintiffs power to take for railroad purposes land which had been already taken for those purposes . The case as it appeared from the facts agreed , proofs and offers of proof , upon which it was reserved ...
... cause it purported to give the plaintiffs power to take for railroad purposes land which had been already taken for those purposes . The case as it appeared from the facts agreed , proofs and offers of proof , upon which it was reserved ...
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Common terms and phrases
action aforesaid agreed agreement alleged exceptions Allen amount appeared appointed assessment assignment attached attorney authority bill of lading bond Boston charge Charles Woods Charlestown claim Commonwealth contract conveyed corporation creditors Cush damages debt declaration deed defendant defendant's delivered demand discharged entitled evidence tending Exceptions overruled execution executors fact fendant Gray held horse indictment injury instruct the jury Insurance Company intent interest issued judge judgment land Lawrence Railroad lease liable Mass Massachusetts Massachusetts Medical Society ment mortgage Mystic River notice objection officer owner paid parties payment person petitioners Philip Caldwell Pick plaintiff premises proceedings promissory note purpose question quitclaim deed Railroad Company receipt recover requested rule Smith statute statute of frauds street suit Superior Court tending to show testified therein thereof Thwing tiff tion town trial trustee vote Waby wife William witness writ
Popular passages
Page 80 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Page 99 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandises and ship, tfec., or any part thereof, without prejudice to this insurance ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 145 - The act of a third person, intervening and contributing a condition necessary to the Injurious effect of the original negligence will not excuse the first wrongdoer, If such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to be found in the probable injurious consequences which were to be anticipated, not in the number of subsequent events and agencies which might arise.
Page 142 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Page 152 - ... in such portions and at such time or times as the directors of said company may, agreeably to their act of incorporation, require.
Page 268 - Where a regulation of this character is known to the customer before the contract for transportation is made, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted with reference to it (Miller v.
Page 466 - ... for the redemption of bills of credit or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being...
Page 68 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony...
Page 206 - Constitution, as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, under the Constitution, and the manner of returning the votes given at such meetings...
Page 276 - In all contested matters in insolvency the court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and equity may require; in awarding costs, the court may issue execution therefor.