Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit, Volume 1Hilliard, Gray, and Company, 1836 - Law reports, digests, etc |
From inside the book
Results 1-5 of 92
Page 18
... judgment is , that upon this legacy Mrs. Sullivan was not entitled to any interest until a year after the death of the testatrix . The general rule established for a great length of time is against the allowance . The present case is ...
... judgment is , that upon this legacy Mrs. Sullivan was not entitled to any interest until a year after the death of the testatrix . The general rule established for a great length of time is against the allowance . The present case is ...
Page 45
... judgment is , that the laying out of the streets over the premises in 1781 did not transfer the fee from the then owners of the land , but left it in them , subject to the easement . And , according to the agreement of the parties , the ...
... judgment is , that the laying out of the streets over the premises in 1781 did not transfer the fee from the then owners of the land , but left it in them , subject to the easement . And , according to the agreement of the parties , the ...
Page 57
... judgment , except after the most am- ple discussion and investigation . Independently , however , of the admission of counsel , there would be extreme difficulty in maintaining , that there had been any valid or legal appropriation for ...
... judgment , except after the most am- ple discussion and investigation . Independently , however , of the admission of counsel , there would be extreme difficulty in maintaining , that there had been any valid or legal appropriation for ...
Page 86
... judgment . The case of Ramsay v . Allegre ( 12 Wheaton R. 611. ) does not in the slightest degree impugn the foregoing reason- ing . That case ( in the judgment of which I concurred ) was founded upon a very different principle . There ...
... judgment . The case of Ramsay v . Allegre ( 12 Wheaton R. 611. ) does not in the slightest degree impugn the foregoing reason- ing . That case ( in the judgment of which I concurred ) was founded upon a very different principle . There ...
Page 89
... judgment at law . THIS was a bill in equity for an injunction to a judgment at law in this Court between the same parties , and for other relief . The case is reported in 5 Mason's Reports , 161 ; and , having been carried by writ of ...
... judgment at law . THIS was a bill in equity for an injunction to a judgment at law in this Court between the same parties , and for other relief . The case is reported in 5 Mason's Reports , 161 ; and , having been carried by writ of ...
Other editions - View all
Common terms and phrases
Admiralty admitted aforesaid allegation answer appurtenances assent assignment authority bill Blackstone Canal Bowdoin Bowdoin College Brig Canal Corporation cause charter charter-parties circumstances claim Codman College common law contract conveyance Court of Equity creditors crew curtesy damages debts decree deed deemed defendants devise District doctrine duty easement entitled evidence Ewbank and Cargo executors fact fee simple fee tail fishery fraud freight grant heirs Ibid Insurance Company intention interest James Bowdoin JOSEPH STORY judgment jurisdiction jury land Legislature libellant lien Lord loss maritime law Massachusetts master mate McKeen ment mortgage opinion owner Padang parties partnership payment persons pezzos plaintiffs plea port possession present purchase question real estate resulting trusts Rhode Island Robison salvage salvors Schooner Boston seaman seisin Ship Henry Ewbank Sisson Statute Sullivan tenants testator thereof tion trial trust underwriters United verdict vessel voyage Woonsocket dam words
Popular passages
Page 313 - ... imperfectly stated, or omitted, and without which it is not to be presumed, that either the Judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection, or omission, is cured by the verdict by the common law.
Page 313 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...
Page 456 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 495 - Upon the authority of these cases, and of others which are to be found in the books, as well as upon general principles, this court is of opinion that, in a case of fraud, of trust, or of contract, the jurisdiction of a court of chancery is sustainable wherever the person be found, although lands not within the jurisdiction of that court may be affected by the decree.
Page 271 - ... provided, that no donation, grant or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature of the state shall have the right to grant any further powers to, alter, limit or restrain any of the powers vested in, any such literary institution, as shall be judged necessary to promote the best interests thereof.
Page 260 - The marriage must be canonical and legal. 2. The seisin of the wife must be an actual seisin, or possession of the lands; not a bare right to possess, which is a seisin in law, but an actual possession, which is a seisin in deed.
Page 313 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Page 288 - A hospital founded by a private benefactor is, in point of law, a private corporation, although dedicated by its charter to general charity.
Page 292 - And be it further enacted by the authority aforesaid, that the Legislature of this Commonwealth may grant any further powers to, or alter, limit, annul or restrain any of the powers by this act vested in the said corporation, as shall be judged necessary to promote the best interests of the said college...
Page 202 - I take it to be very clear, that wherever the service has been rendered in saving property on the sea, or wrecked on the coast of the sea, the service is, in the sense of the maritime law, a salvage service.