The Canadian Law Times, Volume 7Carswell, 1887 From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
From inside the book
Results 1-5 of 83
Page 23
... party seeking it . It cannot be laid down that the Court is to decline its jurisdiction in a cause of possession on the mere averment of one of the parties that there is a conflicting title . If the mere averment of title without any ...
... party seeking it . It cannot be laid down that the Court is to decline its jurisdiction in a cause of possession on the mere averment of one of the parties that there is a conflicting title . If the mere averment of title without any ...
Page 24
... party who claims the transfer ; it must be satisfied that he is potior jure ; and it must be in cases extremely simple that it acts on a mere preferable title to be reached by its own judgment . Where the posses- sion is gained by force ...
... party who claims the transfer ; it must be satisfied that he is potior jure ; and it must be in cases extremely simple that it acts on a mere preferable title to be reached by its own judgment . Where the posses- sion is gained by force ...
Page 25
... party claiming such right , and refusing to enforce a claim of a legal owner to the disregard of an equitable right . " It will be well , therefore , to review the cases in which the jurisdiction has been upheld . The Court will ...
... party claiming such right , and refusing to enforce a claim of a legal owner to the disregard of an equitable right . " It will be well , therefore , to review the cases in which the jurisdiction has been upheld . The Court will ...
Page 34
... parties , the Court will enter- tain the cause , but with reluctance , and only to prevent inconvenience and loss ( y ) . In The Johan and Siegmund ( z ) , the Court declined to entertain the suit , in the absence of consent of parties ...
... parties , the Court will enter- tain the cause , but with reluctance , and only to prevent inconvenience and loss ( y ) . In The Johan and Siegmund ( z ) , the Court declined to entertain the suit , in the absence of consent of parties ...
Page 58
... party may make a prima facie case simply by proving the insolvency , the transfer , and its effect in delaying him . The party attacked must then bring himself within one of the exceptions in the third section . If the result is that a ...
... party may make a prima facie case simply by proving the insolvency , the transfer , and its effect in delaying him . The party attacked must then bring himself within one of the exceptions in the third section . If the result is that a ...
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Common terms and phrases
acquired action affidavit agent agreement alleged amended amount application appointed assignment Aylesworth Bank bill Canada Temperance Canada Temperance Act certiorari Chancery Division charge claim constructive notice contract contractor conveyance costs County Court creditors damages debt debtor decision deed defendant defendant's dismissed dissenting Divisional Court Dominion election entitled equity of redemption evidence execution executors fee simple heirs Held High Court husband interest interpleader intestacy issue Judge judgment jurisdiction jury Justice land liability lien lis pendens magistrate Manitoba married woman MASTER IN CHAMBERS matter ment mortgage mortgagor motion Municipal notice Nova Scotia Ontario Osler owner paid Parliament of Canada party payable payment person plaintiff possession proceedings Province purchaser question railway recover refused respect respondent returning officer rule security for costs sell separate estate sheriff shew sold solicitor statute Supreme Court tion Toronto trial trustees writ
Popular passages
Page 306 - And the United States hereby renounce forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on. or within three marine miles of any of the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America...
Page 289 - The Administration of Justice in the Province, including the Constitution, Maintenance and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 94 - Any carrier or party liable on account of loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property...
Page 333 - And be it enacted, that if any person being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony...
Page 282 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 129 - Any change material to the risk, and within the control or knowledge of the assured, shall avoid the policy as to the part affected thereby, unless the change is promptly notified in writing to the company or its local agent...
Page 288 - Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general advantage of Canada or for the Advantage of Two or more of the Provinces.
Page 329 - Under these circumstances, it is certainly to be presumed, in the absence of anything to the contrary, that the terms were regularly called and held.
Page 276 - Britain ; and that in all matters of controversy relative to property and civil rights resort shall be had to the laws of Canada as the rule for the decision of the same...