The Ontario Reports: Containing Reports of Cases Decided in the Queen's Bench and Chancery Divisions of the High Court of Justice for Ontario, Volume 17
Rowsell & Hutchison, 1889 - Law reports, digests, etc
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action agree agreement alleged allowed amount appears apply argument assessment assignment authority Bank brought by-law called Canada cause charge claim common considered contract conviction corporation costs council Court creditors damages deed defendant directed DIVISION effect entered entitled evidence executed fact FERGUSON give given ground Held intention interest issue Judge judgment jury Justice land learned liable March matter meaning ment mentioned mortgage motion municipality notice objection obtained opinion order in council paid parties passed payment person plaintiff possession present proceedings proved purchase question railway reason received referred Regina respect rule shares shew signed Society sold Statement statute STREET sub-sec sufficient taken tenants tion Toronto township trial trust whole witness
Page 736 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 296 - But with respect to the question, whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Page 247 - ... knowing it to be false, shall be jointly and severally liable for all the debts of the company contracted while they are stockholders or officers thereof.
Page 242 - Act, shall, upon being printed and published or reprinted and rppublished in Canada, be entitled to copyright under this Act ; but nothing in this Act shall be held to prohibit the importation from the United Kingdom of copies of such works legally printed there.
Page 476 - But if to a proposal or offer an assent be given, subject to a provision as to a contract, then the stipulation as to the contract is a term of the assent, and there is no agreement independent of that stipulation.
Page 267 - On the other hand, the general rule, supported by the best elementary writers, is, that "when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed.
Page 171 - Act in every cause or matter pending before them respectively, shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as to them shall seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively...
Page 309 - it shall be lawful ' are not equivocal. They are plain and unambiguous. They are words merely making that legal and possible which there would otherwise be no right or authority to do. They confer a faculty or power and they do not themselves do more than confer a faculty or power.
Page 552 - Having regard to the later decisions, we must not extend the old cases in any way, or rely upon the mere use of any particular words, but, considering all the words which are used, we have to see what is their true effect, and what was the intention of the testator as expressed in his will.
Page 248 - The common law considers crimes as altogether local, cognizable and punishable exclusively in the country where they are committed. No other nation, therefore, has any right to punish them, or is under any obligation to take notice of or to enforce any judgment rendered in such cases by the tribunal having authority to hold jurisdiction within the territory where they are committed: Story on Confl.