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 80
Page 11
... proved by a witness , but that of the other only by a comparison with the sig- nature upon that the evi- their return , but were offered in evidence upon proving the commis the handwriting of one of the commissioners by a witness sion ...
... proved by a witness , but that of the other only by a comparison with the sig- nature upon that the evi- their return , but were offered in evidence upon proving the commis the handwriting of one of the commissioners by a witness sion ...
Page 11
... proved ; and the exhibit being properly identi- fied , the requirements of the Act are satisfied . The words “ examination and deposition " do not include an exhibit . Dan . Ch . Pr . 1124. The bills of lading were sufficiently referred ...
... proved ; and the exhibit being properly identi- fied , the requirements of the Act are satisfied . The words “ examination and deposition " do not include an exhibit . Dan . Ch . Pr . 1124. The bills of lading were sufficiently referred ...
Page 11
... proved by comparison with his signature to the commission . ] It is not necessary that the bills of lading should be attached , if they can be suffi- ciently identified . The bills produced correspond in every particular with the bills ...
... proved by comparison with his signature to the commission . ] It is not necessary that the bills of lading should be attached , if they can be suffi- ciently identified . The bills produced correspond in every particular with the bills ...
Page 11
John Campbell Allen G. B. Seeley, T. C. Allen. 1861 . THOMPSON against REED . proved by witnesses examined under the commission , such documents should be returned enclosed with the commis- sion and examinations taken thereunder . There ...
John Campbell Allen G. B. Seeley, T. C. Allen. 1861 . THOMPSON against REED . proved by witnesses examined under the commission , such documents should be returned enclosed with the commis- sion and examinations taken thereunder . There ...
Page 22
... proved that the defendant had put the property beyond the plaintiff's reach . The lumber was traced into his boom , and it was proved that all the logs in his boom were sawn up , and that he shipped large quantities of deals that season ...
... proved that the defendant had put the property beyond the plaintiff's reach . The lumber was traced into his boom , and it was proved that all the logs in his boom were sawn up , and that he shipped large quantities of deals that season ...
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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.