A Compendium and Digest of the Laws of Massachusetts, Τόμος 1,Μέρος 2Munroe, Francis, and Parker, 1811 |
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Σελίδα 215
... original judg- ment against their principal is reversed ; for here the bail , after judgment had against them , have no opportu- nity to plead this special matter , and therefore they shall have redress by audita querela . In these and ...
... original judg- ment against their principal is reversed ; for here the bail , after judgment had against them , have no opportu- nity to plead this special matter , and therefore they shall have redress by audita querela . In these and ...
Σελίδα 223
... original judgment , when added together , exceed the sum of thirteen dollars and thirty three cents * but the plaintiff shall be entitled to receive his costs of suit , as in other cases , on such scire facias . V. What shall discharge ...
... original judgment , when added together , exceed the sum of thirteen dollars and thirty three cents * but the plaintiff shall be entitled to receive his costs of suit , as in other cases , on such scire facias . V. What shall discharge ...
Σελίδα 226
... original process ) to be charged in execution ; un- less , before judgment , he gives new bail to the sheriff by bond , which , if forfeited , may be the foundation of a scire facias against the new bail . But if the surrender be on the ...
... original process ) to be charged in execution ; un- less , before judgment , he gives new bail to the sheriff by bond , which , if forfeited , may be the foundation of a scire facias against the new bail . But if the surrender be on the ...
Σελίδα 245
... original writ in any civil action . Provided , however , that no trial by jury shall be delay ed or prevented , by the making or filing of exceptions to the opinion or judgment of the court , upon any dilatory plea , or upon any ...
... original writ in any civil action . Provided , however , that no trial by jury shall be delay ed or prevented , by the making or filing of exceptions to the opinion or judgment of the court , upon any dilatory plea , or upon any ...
Σελίδα 251
... original parties to assist in a fraud . A promissory note is also presumed to have been given Selw . 994 . for a good and valuable consideration , until the contrary appears . As between the immediate parties , want or illegality of ...
... original parties to assist in a fraud . A promissory note is also presumed to have been given Selw . 994 . for a good and valuable consideration , until the contrary appears . As between the immediate parties , want or illegality of ...
Συχνά εμφανιζόμενοι όροι και φράσεις
acceptance acceptor aforesaid assessed assessors assigned attorney bail bail bond bailee bailment barratry barristers bastard bill of exchange bill or note bond breach burglary charge chattels civil actions committed common law common pleas commonwealth constable or collector contract convict costs counsellors court of common court of sessions covenant damages debt declaration deed defendant delivered deputy discharge drawee drawer enacted entitled execution executor fees holden Ibid indorsement issue judge judgment jury justice lands lessee lessor liable ment neglect negotiable oath offence owner paid parish party payable payee payment peace penalty person or persons plaintiff plantation plead power and duty precinct principal promissory note prosecution receive recover refuse scire facias seizin selectmen Selw sessions sheriff shew Stat statute statute of frauds Stra suit supreme judicial court taxes tenant term therein thereof tion TITLE treasurer writ دو وو
Δημοφιλή αποσπάσματα
Σελίδα 330 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Σελίδα 389 - And that no foreign Prince, Person, Prelate, State or Potentate, hath, or ought to have, any jurisdiction, superiority, preeminence, authority, dispensing or other power, in any matter, civil, ecclesiastical or spiritual, within this Commonwealth...
Σελίδα 236 - Eli/. с. 2, to be punished by six months' imprisonment, and treble damages to the party injured. 12. Maintenance is an offence that bears a near relation to the former; being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it: (u) a practice that was greatly encouraged by the first introduction of uses.
Σελίδα 389 - I, AB do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of Massachusetts is, and of right ought to be, a Free, Sovereign and Independent State...
Σελίδα 333 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Σελίδα 369 - The issue must be born alive. Some have had a notion that it must be heard to cry; but that is a mistake. Crying indeed is the strongest evidence of its being born alive ; but it is not the only evidence.
Σελίδα 336 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Σελίδα 372 - That it have been used so long, that the memory of man runneth not to the contrary.!
Σελίδα 372 - It must have been peaceable, and acquiesced in; not subject to contention and dispute. (£) For as customs owe their original to common consent, their being immemorially disputed, either at law or otherwise, is a proof that such consent was wanting.
Σελίδα 352 - ... notice, expiring with the first three years, was not sufficient for that purpose; Lord Kenyon, CJ observing, that it had frequently been said, and common sense seemed to justify it, that conditions were to be construed to be either precedent or subsequent, according to the fair intention of the parties, to be collected from the instrument ; and that technical words, if there were any to encounter such intention, (and there were not in this case) should give way to that intention...