A Compendium and Digest of the Laws of Massachusetts, Հատոր 1,Մաս 2Munroe, Francis, and Parker, 1811 |
From inside the book
Արդյունքներ 23–ի 1-ից 5-ը:
Էջ 216
... proceedings upon writs of review thereafter to be sued out or prosecuted . And all such writs of review shall by the same court , ex officio be quashed . 1. The court from which this writ must be sued , and to which it must be returned ...
... proceedings upon writs of review thereafter to be sued out or prosecuted . And all such writs of review shall by the same court , ex officio be quashed . 1. The court from which this writ must be sued , and to which it must be returned ...
Էջ 217
... proceedings upon which the said writ of audita querela is brought ; in all such cases , the complainant may have the same remedy upon his writ of audita querela , and in his declara- tion therein may declare for the same recompense in ...
... proceedings upon which the said writ of audita querela is brought ; in all such cases , the complainant may have the same remedy upon his writ of audita querela , and in his declara- tion therein may declare for the same recompense in ...
Էջ 219
... Proceedings of the plaintiff against the bail on avoid- ance of the principal . 5. What shall discharge the bail . 6. Proceedings of the bail against the principal . 7. How the principal is to be disposed of , after being surrendered ...
... Proceedings of the plaintiff against the bail on avoid- ance of the principal . 5. What shall discharge the bail . 6. Proceedings of the bail against the principal . 7. How the principal is to be disposed of , after being surrendered ...
Էջ 222
... proceedings will not operate a release to the sheriff of his liability to the plaintiff . IV . Proceedings of the plaintiff against the bail , on avoidance of the principal . It is provided by statute , that when the principal shall his ...
... proceedings will not operate a release to the sheriff of his liability to the plaintiff . IV . Proceedings of the plaintiff against the bail , on avoidance of the principal . It is provided by statute , that when the principal shall his ...
Էջ 225
... proceedings be not stayed , the bail may plead in Ibid . bar to the scire facias , any matter sufficient to obtain their discharge , " D They may therefore plead , that " an alias execution issu- Ibid . 486 . ed , on which the principal ...
... proceedings be not stayed , the bail may plead in Ibid . bar to the scire facias , any matter sufficient to obtain their discharge , " D They may therefore plead , that " an alias execution issu- Ibid . 486 . ed , on which the principal ...
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...