Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Том 61H.O. Houghton and Company, 1862 |
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action agent alleged amount applied assignee assumpsit auditor authority bank Berkshire bill bond Boston bound C. P. Huntington Church in Chelsea claim common law common pleas Commonwealth Company Connecticut River Railroad constitution contract conveyance conveyed corporation court of common creditor damages debt debtor declared deed defendant demanded discharge equity evidence execution executors facts fendant flats given grant Greenl ground heirs held highway indorsed insolvent Isaac Mills judge judgment justice land legislature liable Luke's Church Mass Massachusetts ment mortgage mortgagor Nathaniel Saltonstall Norcross notice objection opinion owner Packard & Mills paid parties passengers payable payment persons petition petitioners Pick plaintiff premises principle proceedings promissory note prove provisions purpose question railroad real estate recover replevin Revere House riparian road rule statute suit tenant testator thereof tiff tion town trial trustee verdict warrant Wend witness writ
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Сторінка 85 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Сторінка 520 - ... a question of fact for the jury, and not of law for the court.
Сторінка 313 - The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory, it is so odious, that nothing can be suffered to support it, but positive law.
Сторінка 316 - No principle of general law is more universally acknowledged than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation can operate on itself alone.
Сторінка 522 - These are part and parcel of the contract itself, and must have been in the contemplation of the parties when the agreement was entered into. But if they are such as would have been realized by the party from other independent and collateral undertakings, although entered into in consequence and on the faith of the principal contract, then they are too uncertain and remote to be taken into consideration as a part of the damages occasioned by the breach of the contract in suit.
Сторінка 199 - The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, 'where the sea ebbs and flows, the proprietor of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further...
Сторінка 129 - ... rule that money paid under a mistake of law cannot be recovered back, namely, where the money is so paid to an officer of the court.
Сторінка 512 - Gilman, esq., one of the justices of the peace within and for the county of Franklin, in the State of Vermont, came Chellis F. Safford, grand juror within and for the town of St. Albans, in...
Сторінка 340 - ... to do some act for the benefit of a third, the latter, who would enjoy the benefit of the act, may maintain an action for the breach of such engagement...
Сторінка 626 - State, from any port or place without the same, with alien passengers on board, the officer or officers whom the mayor and aldermen of the city, or the selectmen of the town, where it is proposed to land such passengers, are hereby authorized and required to appoint, shall go on board such vessels and examine into the condition of said passengers.