A Compendium and Digest of the Laws of Massachusetts, Том 2,Део 1Munroe, Francis, and Parker, 1810 |
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Страница 406
... writ , and neither exceed nor fall short of it . But this is not now consi- dered as requisite ; and in a late case , where debt was brought on simple contract , it was holden , on special demurrer to the declaration , that the ...
... writ , and neither exceed nor fall short of it . But this is not now consi- dered as requisite ; and in a late case , where debt was brought on simple contract , it was holden , on special demurrer to the declaration , that the ...
Страница 407
... writ . II . On what bonds this action may be brought . Bonds good in law are such as are entered into volun- tarily by parties able to contract , and for a consideration 1 Esp . Dig . 184 . which is according to law . Therefore bonds ...
... writ . II . On what bonds this action may be brought . Bonds good in law are such as are entered into volun- tarily by parties able to contract , and for a consideration 1 Esp . Dig . 184 . which is according to law . Therefore bonds ...
Страница 417
... writ- ing , undertook to build a house , and for the not doing it , the party brought an action of covenant against the car- penter , and it did not appear that he was to have any thing for building the house ; it was adjudged , that he ...
... writ- ing , undertook to build a house , and for the not doing it , the party brought an action of covenant against the car- penter , and it did not appear that he was to have any thing for building the house ; it was adjudged , that he ...
Страница 424
... writ will abate ; for the judgment would be differ- ent ; that on the first would be de bonis testatoris , that on the latter de bonis propriis . 2. Of declaring by and against husband and wife . For a debt of the wife dum sola , as on ...
... writ will abate ; for the judgment would be differ- ent ; that on the first would be de bonis testatoris , that on the latter de bonis propriis . 2. Of declaring by and against husband and wife . For a debt of the wife dum sola , as on ...
Страница 431
... writ , and plaintiff brings debt , defendant may plead nil debet ; be- Cites Cole v . Acom , cause it is then a matter of fact , whether the money has been levied or not : But it is a bad plea , if the fieri facias has been returned ...
... writ , and plaintiff brings debt , defendant may plead nil debet ; be- Cites Cole v . Acom , cause it is then a matter of fact , whether the money has been levied or not : But it is a bad plea , if the fieri facias has been returned ...
Чести термини и фразе
action of debt aforesaid appointed arrest assessors assigned bond breach cause common common law commonwealth constitute one district creditor debtor deceased declaration deed defendant deposition descend divorce dower duty election engine-men entitled escape estate tail evidence execution executor or administrator false imprisonment fee-simple feme covert fence fence-viewers freehold further enacted governor heirs hereditaments husband Ibid inhabitants intestate issue judge of probate judgment justice lands lessor liable libel malum in se manner marriage meeting ment neglect non est factum oath obligor open town meeting payment Peake's Penalty personal estate Pinnel's plaintiff plantations plea pleaded prisoner proprietors proved real estate recover refuse REGISTER OF DEEDS representatives scire facias Sect seizin selectmen senators sheriff shew Stat statute has further Stra sufficient supreme judicial court taken tenant tenements thereof tion TITLE tors towns and districts trustee void wife witness writ
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Страница 476 - Representatives shall, by ballot, elect two out of four persons who had the highest number of votes, if so many shall have been voted for; but, if otherwise, out of the number voted for; and make return to the Senate of the two persons so elected; on which, the Senate shall proceed, by ballot, to elect one, who shall be declared Governor.
Страница 477 - May annually, determine and declare who are elected by each district, to be senators, by a majority of votes : and in case there shall not appear to be the full number of senators returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz.: The members of the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as...
Страница 478 - May annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of elections shall be as follows: the vacancies in the senate, if any, shall first be filled up; the governor and lieutenant-governor shall...
Страница 477 - Governor, with five of the Council, for the time being, shall, as soon as may be, examine the returned copies of such records; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by...
Страница 463 - Express f199' malice is when one, with a sedate deliberate mind and formed design, doth kill another, which formed design is evidenced by external circumstances discovering that inward intention ; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm.7 This takes in the case of deliberate dueling, where both parties meet avowedly with an intent to murder...
Страница 405 - The legal acceptation of debt is, a sum of money due by certain and express agreement : as, by a bond for a determinate sum ; a bill or note ; a special bargain ; or a rent reserved on a lease ; where the quantity is fixed and specific, and does not depend upon any subsequent valuation to settle it.
Страница 463 - This takes in the case of deliberate duelling, where both parties meet avowedly with an intent to murder : thinking it their duty as gentlemen, and claiming it as their right, to wanton with their own lives and those of their fellow-creatures; without any warrant or authority from any power either divine or human, but in direct contradiction to the laws both of God and man : and therefore the law has justly fixed the crime and punishment of murder on them and on their seconds also.
Страница 556 - The utmost length that has been hitherto allowed for the contingency of an executory devise of either kind to happen in, is that of a life or lives in being, and oneand-twenty years afterwards.
Страница 413 - States, an exposition was given of the constitutional provision, that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state; and that Congress may, by general laws, prescribe the manner in which such acts, records and proceedings, shall be proved, and the effect thereof...
Страница 467 - ... of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum...