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 79
Page 4
... doubts as to the act having been done maliciously . 66 Cur . adv . vult . CARTER , C. J. , now delivered the judgment of the Court . This case was referred to the Court by Mr. Jus- tice Parker , before whom the prisoners were tried , on ...
... doubts as to the act having been done maliciously . 66 Cur . adv . vult . CARTER , C. J. , now delivered the judgment of the Court . This case was referred to the Court by Mr. Jus- tice Parker , before whom the prisoners were tried , on ...
Page 5
... : there can be no doubt that the first point was correctly submitted to the jury , as to the 1861 . THE QUEEN against ELSTON . 1861 . THE QUEEN against ELSTON . the fact of IN THE TWENTY - FOURTH YEAR OF VICTORIA . 5.
... : there can be no doubt that the first point was correctly submitted to the jury , as to the 1861 . THE QUEEN against ELSTON . 1861 . THE QUEEN against ELSTON . the fact of IN THE TWENTY - FOURTH YEAR OF VICTORIA . 5.
Page 23
... doubt , an application might have been made to the Court to set aside the plaintiff's judgment on account of the fraud ; De Medina v . Grove ( d ) ; but the fraud may also be pleaded . Philipson v . Earl of Egremont ( e ) . 2d . There ...
... doubt , an application might have been made to the Court to set aside the plaintiff's judgment on account of the fraud ; De Medina v . Grove ( d ) ; but the fraud may also be pleaded . Philipson v . Earl of Egremont ( e ) . 2d . There ...
Page 24
... doubt about it . ] This case cannot be distinguished from Des Brisay v . Mooney ( c ) . [ PARKER , J. That case does not apply . RITCHIE , J. The princi- ple is clear enough : it is the application of it to particular cases which ...
... doubt about it . ] This case cannot be distinguished from Des Brisay v . Mooney ( c ) . [ PARKER , J. That case does not apply . RITCHIE , J. The princi- ple is clear enough : it is the application of it to particular cases which ...
Page 26
... doubt as to the full doctrine of this case as regards the liability of the Sheriff , is expressed by Lord Campbell in the subsequent case of Remmett v . Lawrence ( b ) ; but the right of a creditor , having a subsequent execution , to ...
... doubt as to the full doctrine of this case as regards the liability of the Sheriff , is expressed by Lord Campbell in the subsequent case of Remmett v . Lawrence ( b ) ; but the right of a creditor , having a subsequent execution , to ...
Common terms and phrases
A. R. Wetmore action admitted adverse possession affidavit agreement alleged Allen amount appear application assumpsit attorney bail Bank bill Blissville bond CARTER certiorari circuit claim Commissioners contended contract Corporation costs counsel count Court Court of Equity damages debt debtor declaration deed defendant defendant's delivered the judgment discharged entered entitled evidence execution executors fraud given granted ground Hazen Helmes Hilary term Hilary term last Hunter issued John John Esson Johnston jury Justice Ketchum land learned Judge lease levy liable lumber matter McIntosh ment Michaelmas term mortgage Nisi Prius nonsuit notice owner paid PARKER parties payment person plaintiff plea possession proceedings proved purchaser question received recover refused replevin RITCHIE rule nisi scire facias set-off Sheriff shewed cause Stat suit taken tion trespass trial verdict vessel Vict vult Ward Chipman wharf William Helmes Wilmot witness writ
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.