The Canada Law Journal, Volume 25W.C. Chewett & Company, 1889 |
From inside the book
Results 1-5 of 87
Page 9
... party is not to be construed into an implied admission of the truth of such allegation , ' In Pursley v . Bennett , 11 P.R. 64 , however , facts were allowed to be set up in a defence in mitigation of damages . etc. PRACTICE ...
... party is not to be construed into an implied admission of the truth of such allegation , ' In Pursley v . Bennett , 11 P.R. 64 , however , facts were allowed to be set up in a defence in mitigation of damages . etc. PRACTICE ...
Page 24
... party of the first part one dollar per gross ton of the said iron ore for every ton mined and raised from the said lands and mine , payable quarterly on " ( specifying the days . ) The lessees covenanted as follows : " That they will ...
... party of the first part one dollar per gross ton of the said iron ore for every ton mined and raised from the said lands and mine , payable quarterly on " ( specifying the days . ) The lessees covenanted as follows : " That they will ...
Page 60
... party intended to be bound was not a contract . Fire and Marine Insurance Co. , 10 R. 494 , ob- served upon . The fourth statutory condition provides if the property insured is assigned without the written permission of the company ...
... party intended to be bound was not a contract . Fire and Marine Insurance Co. , 10 R. 494 , ob- served upon . The fourth statutory condition provides if the property insured is assigned without the written permission of the company ...
Page 62
... parties concur , in an action such as this for specific performance , that there is a material ingredient of the transac- tion left unexpressed because one party chose to trust the other without writing , it is emi- nently proper for ...
... parties concur , in an action such as this for specific performance , that there is a material ingredient of the transac- tion left unexpressed because one party chose to trust the other without writing , it is emi- nently proper for ...
Page 66
... parties being desirous that the point raised should be decided in favor of the vendor's title . We think this is a great mistake , because third parties whose rights come in question are not bound by the decision , and therefore the ...
... parties being desirous that the point raised should be decided in favor of the vendor's title . We think this is a great mistake , because third parties whose rights come in question are not bound by the decision , and therefore the ...
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Common terms and phrases
action affidavit affirmed agreement amount Appeal Cotton application appointed Articled Clerk Bank Bencher bill by-law Canada Certificates of Fitness Chancery Division Chy.D claim clause client Committee Common Law contract conveyance Convocation costs County Court Court of Appeal covenant creditors Crown damages deceased decision defendant Div'l Division Court Divisional Court Dominion entitled Equity evidence execution Grand Trunk Railway granted Held High Court interest judge judgment jurisdiction jury Justice L.JJ land Law School Law Society lectures liable Lord Esher matter ment mortgage motion Municipal notice Ontario Osler paid party passed payment person petition plaintiff proceedings Province purchase Queen's Bench Queen's Bench Division question Railway received referred rule Second Intermediate Examination shares Shepley solicitor statute Student-at-law Students Supreme Court taxes tenant Term testator tion Toronto trial trustees ultra vires Upper Canada vendor Vict wife
Popular passages
Page 450 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. SO HELP ME GOD.
Page 586 - Persons whose Husband or Wife shall be continually remaining beyond the Seas by the Space of seven Years together, or whose Husband or Wife shall absent him or herself the one from the other by the Space of seven Years together, in any Parts within his Majesty's Dominions, the one of them not knowing the other to be living within that Time.
Page 199 - I do declare that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, preeminence, or authority, ecclesiastical or spiritual, within this realm : So help me God.
Page 163 - What is the real meaning of the phrase, ' a cause of action arising in the city'? It has been defined in Cooke v. Gill, LR 8 CP 107, to be this: every fact which it would be necessary for the plaintiff to prove if traversed in order to support his right to the judgment of the Court.
Page 450 - To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5.
Page 587 - A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence, unless and until the truth of such inference is disproved.
Page 306 - The Court or a Judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court or a Judge may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Page 601 - Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.
Page 65 - October, 1845, a contingent, an executory, and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenure, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon any tenements or hereditaments in England, of any tenure, may be disposed of by deed...
Page 322 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...