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action admitted agreed agreement alleged allowed amount answer appeal applied assignment authority bill bond building called cause charge claim common complainant condition considered contract corporation cost counsel court death debt decree deed defendant determine direct duty effect entered entitled error evidence exception existence fact filed follows further give given ground held husband injury intent interest issue judge judgment jury land lots matter ment mortgage necessary notice objection opinion owner paid parties passed payment person plaintiff present prisoner proceedings proof proved purchase question reason received record reference relation respect rule statute street sufficient suit taken testimony tion town trial trust verdict wife witness
Página 139 - ... the evidence must establish the truth of the fact to a reasonable and moral certainty ; a certainty that convinces and directs the understanding, and satisfies the reason, and judgment of those who are bound to act conscientiously upon it.
Página 346 - The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty, — indeed, are under a solemn duty, — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Página ix - ... appeal, such presiding judge may make such rule or order for the safe-keeping, transporting and return of such original papers as to him may seem proper ; and this court will receive and consider such original papers in connection with the transcript of the proceedings.
Página 419 - ... of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Página 419 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Página 139 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Página 1 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Página 68 - If the complainant, in his bill, shall waive an answer under oath, or shall only require an answer under oath with regard to certain specified interrogatories, the answer of the defendant, though under oath, except such part thereof as shall be directly responsive to such Interrogatories, shall not be evidence In his favor...
Página 417 - All the laws which have heretofore been adopted, used and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.