Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit, Volume 1

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Hilliard, Gray,, 1836 - Law reports, digests, etc
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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.

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