Reports of cases argued and determined in the Supreme court of New Brunswick [1867-71].

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Page 384 - THIS was an action of trespass for breaking and entering the plaintiff's close in the town of Mount Washington, and was tried in the Court of Common Pleas, before BYINGTON, J.
Page 182 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Page 60 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 269 - And in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the insured shall not in case of loss or damage be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property.
Page 308 - ... in which notice shall be clearly and explicitly contained the cause of action, the name and place of abode of the person who is to bring...
Page 219 - America, pursuant to the directions of the act of Congress of the United States of America, entitled " An act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject...
Page 287 - ... or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power...
Page 227 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act...
Page 300 - ... shall have been delivered to him or left at his usual place of abode by the attorney or agent...
Page 69 - Michaelmas term last, obtained a rule nisi for a new trial, on the ground of misdirection, and that the verdict was against evidence.

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