Reports of cases argued and determined in the Supreme court of New Brunswick [1867-71].1878 |
From inside the book
Results 1-5 of 83
Page 13
... matter of the present application had been substantially adjudicated on and disposed of , in Easter Term 1865 . 2. That no specific demand was shewn to have been made to the Commissioners , to apply to the Justices of the Peace for a ...
... matter of the present application had been substantially adjudicated on and disposed of , in Easter Term 1865 . 2. That no specific demand was shewn to have been made to the Commissioners , to apply to the Justices of the Peace for a ...
Page 38
... matter thoroughly investigated - concluding in these words " If there are any other claims in your hands which are just " and right and for which I may be liable , I am willing and prepared to pay without having my property sold , or ...
... matter thoroughly investigated - concluding in these words " If there are any other claims in your hands which are just " and right and for which I may be liable , I am willing and prepared to pay without having my property sold , or ...
Page 49
... matter arising in that County . It appeared on the trial before WELDON , J. , that the goods had been shippod at Shediac in the County of Westinorland , in a schooner bound for Richibucto , which vessel was burnt before reaching her ...
... matter arising in that County . It appeared on the trial before WELDON , J. , that the goods had been shippod at Shediac in the County of Westinorland , in a schooner bound for Richibucto , which vessel was burnt before reaching her ...
Page 72
... matter of recital , in Coke on Littleton " ( 352 b . ) and a recital in instruments , not under seal , may be such as to be conclusive to the same extent . A strong instance as to a " recital in a deed is found in the case of Lainson v ...
... matter of recital , in Coke on Littleton " ( 352 b . ) and a recital in instruments , not under seal , may be such as to be conclusive to the same extent . A strong instance as to a " recital in a deed is found in the case of Lainson v ...
Page 73
... matter alleged " in the instrument , wholly immaterial to the contract therein con- " tained , as for instance , suppose an indenture or bond to contain an " unnecessary description of one of the parties , as assignee of a bank- " rupt ...
... matter alleged " in the instrument , wholly immaterial to the contract therein con- " tained , as for instance , suppose an indenture or bond to contain an " unnecessary description of one of the parties , as assignee of a bank- " rupt ...
Other editions - View all
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2016 |
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2015 |
Common terms and phrases
action admitted affidavit agreed agreement alleged ALLEN amount answer application assessment assumpsit attorney bill Botsford bound Brunswick certiorari charge claim commissioners Company contended contract costs counsel County Court of Equity damages debtor debts declaration deed defendant defendant's delivered the judgment discharged Dowling duty entitled equity evidence execution fact Foster & Swazey Fredericton Germantown Lake Gilbert Gilpin ground heirs held Hilary Term insolvent intended interest interrogatory John jury Justice Lake District land learned Judge lease liable logs lumber ment Michaelmas Term mortgage nonsuit notice owner paid Parliament of Canada party payment person plaintiff possession probable cause Probate Court proceedings Queen question received recover refused RITCHIE rule nisi S. R. Thomson says sheriff shewed cause Smith Stat Statute Statute of Frauds suit Term last testator tion trial Turner verdict vessel Vict vult Weldon Westmorland
Popular passages
Page 493 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in 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 555 - Order and Good Government of Canada in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated,...
Page 555 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Page 555 - Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say: (1) The Public Debt and Property.
Page 495 - G., in Easter Term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence.
Page 555 - The constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act...
Page 100 - States a certain registered letter received by plaintiff as postmaster at , on or about the day of , 19 — , and upon such charge the defendant falsely and maliciously and without any reasonable or probable cause...
Page 555 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Page 536 - ... the common law, in such a case, imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from obstructions, but to take reasonable care, so long as they keep it open for the public use of all who may choose to navigate it, that they may navigate without danger to their lives or property.
Page 327 - Serjt., on a former day in this term moved for a rule nisi on both these objections, when, it being suggested on the part of the plaintiff, that the statute 34 G.