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 76
Page 97
... action for a false return ? ] Yes . In Curran v . Beckwith ( a ) , the defendant was allowed to shew that he was not bound to make the arrest . It should have been averred that the defendant knew there were no goods and chattels . He ...
... action for a false return ? ] Yes . In Curran v . Beckwith ( a ) , the defendant was allowed to shew that he was not bound to make the arrest . It should have been averred that the defendant knew there were no goods and chattels . He ...
Page 100
... action against the constable , for the damage sustained in consequence of his breach of duty ; and that such cause of action is properly set out in the first count of the declara- tion . The averments in the second count , are ...
... action against the constable , for the damage sustained in consequence of his breach of duty ; and that such cause of action is properly set out in the first count of the declara- tion . The averments in the second count , are ...
Page 101
... action is apparent from the facts set out in the second count . I think , there- fore , there should be judgment for the plaintiff , on the demurrer to the first count ; and for the defendant , on STEPHENSON . the demurrer to the second ...
... action is apparent from the facts set out in the second count . I think , there- fore , there should be judgment for the plaintiff , on the demurrer to the first count ; and for the defendant , on STEPHENSON . the demurrer to the second ...
Page 103
... action of assumpsit ; that the defendants appeared jointly ; and that Hugh Falconer , the defendant , had since settled the suit with the He contended , that after such settlement , the could not have gone on with the action , without ...
... action of assumpsit ; that the defendants appeared jointly ; and that Hugh Falconer , the defendant , had since settled the suit with the He contended , that after such settlement , the could not have gone on with the action , without ...
Page 110
... action for false imprisonment against the judgment - plaintiff , at whose instance the execution issued ; though the judgment has not been set aside . If , as a defence to an action for false imprisonment , the defendant pleads a ...
... action for false imprisonment against the judgment - plaintiff , at whose instance the execution issued ; though the judgment has not been set aside . If , as a defence to an action for false imprisonment , the defendant pleads a ...
Contents
11 | |
24 | |
42 | |
56 | |
84 | |
93 | |
103 | |
151 | |
443 | |
512 | |
531 | |
539 | |
636 | |
641 | |
647 | |
662 | |
173 | |
325 | |
339 | |
361 | |
379 | |
381 | |
666 | |
670 | |
674 | |
681 | |
682 | |
689 | |
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.