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The Practice in Civil Actions and Proceedings at Law, in Massachusetts ...
No preview available - 2017
The Practice in Civil Actions and Proceedings at Law: In Massachusetts
No preview available - 2022
¹ Stat ¹ Vide 11 Mass 9 Mass adverse party allowed amend appear Appendix arrest attendance attorney bail bail bond bond capias and attachment cause of action cents certiorari clerk commenced common law Common Pleas Commonwealth continuance copy Court of Common creditor damages debt debtor declaration default defendant demand demurrer deposition discharged docket dollars entered entitled entry equity execution executor fact fendant filed given granted holden Ibid indorser issue judge judgment jurors jury fees justice latitat levy liable ment mode motion nonsuit notice original summons original writ person Pick plaintiff plaintiff in error plea in abatement plead practice proceedings record recover rendered replevin Rule C. C. Pleas scire facias SECT served set-off sheriff statute Suffolk suit summons and attachment Supreme Court Supreme Judicial Court sureties term thereof tion trial trustee process unless verdict witness writ of error
Page 7 - that a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States...
Page 86 - The privilege and benefit of the writ of habeas corpus shall be enjoyed in this Commonwealth in the most free, easy, cheap, expeditious and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
Page 9 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 7 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 12 - ... shall also have exclusive original cognizance of all seizures on .land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Page 9 - ... unless such suit might have been prosecuted in such Court to recover the said contents if no assignment or transfer had been made...
Page 393 - In all actions arising under the laws respecting copyrights the defendant may plead the general issue, and give the special matter in evidence.
Page 5 - States extends to all cases in law and equity, arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority...
Page 249 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Page 7 - States, and the decision is in favor of such their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption. specially set up or claimed by either party under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed, or affirmed in the Supreme Court of the United States upon...