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action administrator agreed agreement alleged allowed amount appear applied appointed authority Bank bill brought called cause charge claim consider consideration constitution construction contract county court damages debts decree deed defendant defendant's delivered direct duty effect entitled error establish evidence exceptions execution fact give given ground Hatch Heard held highway husband interest intestate issue John judges judgment jurisdiction jury land lease liable Mass matter ment mortgage necessary negligence notes officers opinion paid parties passed payment performance petition plaintiff plea possession premises present presiding proceedings purchase question reason received recover referee refused relation rendered request respect respondent rule statute sufficient suit taken tended to show term testified testimony tion took town trial trustee unless verdict Ware wife witness
Page 216 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 23 - Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information shall be tried, to find the defendant or defendants guilty merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Page 54 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 16 - The words, That the jury did acquit, against the direction of the court, in matter of law, literally taken, and de piano, are insignificant and not intelligible, for no issue can be joined of matter in law, no jury can be charged with the trial of matter in law barely, no evidence ever was, or can be given to a jury of what is law, or not ; nor no such...
Page 424 - That when any issue in fact, proper for the cognizance of a jury is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred.
Page 54 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 258 - Kirkpatrick, 2 -Minn. 210 (Gil. 171), where the complaint alleged that "the defendants are justly indebted to the plaintiff in the sum of, etc., on account of goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at the special instance and request...
Page 22 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 583 - ... the said defendant, by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, says that the said plaintiff ought not to have or maintain his aforesaid action thereof against...