A Compendium and Digest of the Laws of Massachusetts, Հատոր 1,Մաս 2Munroe, Francis, and Parker, 1811 |
From inside the book
Արդյունքներ 35–ի 1-ից 5-ը:
Էջ 212
... debt , the party was arrested by the defen- dant who was plaintiff's attorney , but he having neglected to declare against him in two terms , the party was dis- charged on common bail . Plaintiff applied for an order of court , or the ...
... debt , the party was arrested by the defen- dant who was plaintiff's attorney , but he having neglected to declare against him in two terms , the party was dis- charged on common bail . Plaintiff applied for an order of court , or the ...
Էջ 214
... debt , in any court of record proper to try the same , and appro- priated to the use of him who shall first sue for the same . NOTE ..... The act of June 16 , 1795 , which forms the subject of the above Title , repeals all laws ...
... debt , in any court of record proper to try the same , and appro- priated to the use of him who shall first sue for the same . NOTE ..... The act of June 16 , 1795 , which forms the subject of the above Title , repeals all laws ...
Էջ 215
... debt , without procur- ing satisfaction to be entered on the record , or indorsed on the execution . writ lies . So also this writ lies for bail , when judgment is obtain- Ibid . 406 . ed against him by scire facias , to answer the debt ...
... debt , without procur- ing satisfaction to be entered on the record , or indorsed on the execution . writ lies . So also this writ lies for bail , when judgment is obtain- Ibid . 406 . ed against him by scire facias , to answer the debt ...
Էջ 221
... debt . This bond , thus taken , when returned by the sheriff , has immemorially been considered so far a matter of record , that the plaintiff may sue out a scire facias on it in his own name against the bail . And this practice was ...
... debt . This bond , thus taken , when returned by the sheriff , has immemorially been considered so far a matter of record , that the plaintiff may sue out a scire facias on it in his own name against the bail . And this practice was ...
Էջ 223
... debt or damage and costs recovered against the principal , with additional damages and costs , and to issue execution accordingly . And it shall be no bar to such scire facias , that the debt and costs on the original judgment , when ...
... debt or damage and costs recovered against the principal , with additional damages and costs , and to issue execution accordingly . And it shall be no bar to such scire facias , that the debt and costs on the original judgment , when ...
Common terms and phrases
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
Սիրված հատվածներ
Էջ 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...
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 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...
Էջ 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.
Էջ 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.
Էջ 372 - That it have been used so long, that the memory of man runneth not to the contrary.!
Էջ 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.
Էջ 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...