Reports of cases argued and determined in the Supreme court of New Brunswick [1848-66], Volume 5 |
From inside the book
Results 1-5 of 87
Page 11
... CARTER , C. J. , now delivered the judgment of the Court . The plaintiff was nonsuited on the trial of this case for not giving in evidence certain bills of lading which were necessary to support the action ; and the question now to be ...
... CARTER , C. J. , now delivered the judgment of the Court . The plaintiff was nonsuited on the trial of this case for not giving in evidence certain bills of lading which were necessary to support the action ; and the question now to be ...
Page 15
... [ CARTER , C. J. Is there no difference where the case is tried at the Sessions ? ] No- the Act having declared ... CARTER , 1861 . BURGOYNE against CARTER , C. J. , now IN THE TWENTY - FOURTH YEAR OF VICTORIA . 15.
... [ CARTER , C. J. Is there no difference where the case is tried at the Sessions ? ] No- the Act having declared ... CARTER , 1861 . BURGOYNE against CARTER , C. J. , now IN THE TWENTY - FOURTH YEAR OF VICTORIA . 15.
Page 16
John Campbell Allen G. B. Seeley, T. C. Allen. 1861 . BURGOYNE against CARTER , C. J. , now delivered the judgment of the Court . The rule for a new trial in this case was granted on three grounds . 1. Improper admission in evidence of ...
John Campbell Allen G. B. Seeley, T. C. Allen. 1861 . BURGOYNE against CARTER , C. J. , now delivered the judgment of the Court . The rule for a new trial in this case was granted on three grounds . 1. Improper admission in evidence of ...
Page 19
... CARTER , C. J. My opinion is , that according to the construction of the Act , the defendant should have applied to the Justices for relief since his arrest on the ca. sa . Application refused . Per Curiam , tion to the Justices since ...
... CARTER , C. J. My opinion is , that according to the construction of the Act , the defendant should have applied to the Justices for relief since his arrest on the ca. sa . Application refused . Per Curiam , tion to the Justices since ...
Page 20
... Carter , C. J. , at the York Sittings in January last . The plaintiff claimed the lumber as purchaser at Sher- execution on iff's sale , under an execution issued upon a judgment his judgment , obtained by him on a bond and warrant of ...
... Carter , C. J. , at the York Sittings in January last . The plaintiff claimed the lumber as purchaser at Sher- execution on iff's sale , under an execution issued upon a judgment his judgment , obtained by him on a bond and warrant of ...
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Common terms and phrases
action admitted adverse possession affidavit agreed agreement allowed amount answer appear application assignment attorney authority bail Bank bill bond bound brought called CARTER cause charge Chipman circumstances claim clear common considered contended contract Corporation costs count Court damages debt deed defendant defendant's delivered directed discharged doubt effect entered entitled evidence execution fact give given granted ground held interest issued John Judge judgment jury Justice land learned Judge lease liable matter ment necessary nisi nonsuit notice objection obtained opinion owner paid PARKER parties payment person plaintiff possession present proceedings proved provisions purchaser question reason received recover referred refused RITCHIE rule says Sheriff shew Stat Statute sufficient suit taken term term last tion trespass trial tried unless verdict vessel Vict whole witness
Popular passages
Page 140 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 36 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
Page 618 - If it were once understood, that upon mutual disgust married persons might be legally separated, many couples, who now pass through the world with mutual comfort, with attention to their common offspring and to the moral order of civil society, might have been at this moment living in a state of mutual unkindness, in a state of estrangement from their common offspring, and in a state of the most licentious and unreserved immorality. In this case, as in many others, the happiness of some individuals...
Page 140 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 342 - Counsel moved for a nonsuit, on the ground that the plaintiff had not pleaded in bar to, or denied the avowries of the defendants.
Page 612 - After the best consideration that I have been able to give to the subject, I...
Page 417 - Michaelmas term last, obtained a rule nisi for a new trial, on the ground of misdirection, and that the verdict was against evidence. He...
Page 50 - If there is any misrepresentation, or any concealment of a material fact, or any just suspicion of artifice or undue influence, courts of equity will interpose and pronounce the transaction void, and as far as possible restore the parties to their original rights.
Page 114 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself...
Page 79 - I think, therefore, that the rule should be discharged, but as the majority of the Court are of a different opinion, it must be made absolute. The judgment of Quain, J., and Archi" 1, J., was delivered by — ARCHIBALD, J.