The Manitoba Reports: Containing Reports of Cases Decided in the Court of the King's Bench and Court of Appeal for Manitoba, Volume 32Law Society of Manitoba, 1923 - Law reports, digests, etc Vols. 1-15 contain reports of King's Bench cases only. |
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Page iii
... FullERTON , J.A. HON . ROBERT MAXWELL DENNISTOUN , J.A. HON . THOMAS LLEWELLYN METCALFE , J.A. ( Appointed 3rd October , 1921 , died 2nd April , 1922. ) HON . JAMES Emile Pierre PRENDERGAST , J.A. ( Appointed 1st May , 1922. ) HON ...
... FullERTON , J.A. HON . ROBERT MAXWELL DENNISTOUN , J.A. HON . THOMAS LLEWELLYN METCALFE , J.A. ( Appointed 3rd October , 1921 , died 2nd April , 1922. ) HON . JAMES Emile Pierre PRENDERGAST , J.A. ( Appointed 1st May , 1922. ) HON ...
Page 52
... FULLERTON and DENNISTOUN , JJ.A. Constitutional Law - Validity of S. 215 , Canada Grain Act Trade and Commerce - Property and Civil Rights in Province - Meaning of " Agri- culture " in S. 95 , B.N.A. Act - Power to Legislate re Grading ...
... FULLERTON and DENNISTOUN , JJ.A. Constitutional Law - Validity of S. 215 , Canada Grain Act Trade and Commerce - Property and Civil Rights in Province - Meaning of " Agri- culture " in S. 95 , B.N.A. Act - Power to Legislate re Grading ...
Page 67
... FULLERTON , J.A. The stated cases submit a number of questions for the opinion of this Court . In the view I take it is only necessary to answer that portion of the second question which asks whether the Parliament of Canada has ...
... FULLERTON , J.A. The stated cases submit a number of questions for the opinion of this Court . In the view I take it is only necessary to answer that portion of the second question which asks whether the Parliament of Canada has ...
Page 68
... FULLERTON , J.A. Counsel for the defendant relies , and I think rightly , upon the decision of the Privy Council in the case of Atty . - Gen . for Canada v . Atty . - Gen . for Alberta , Etc. ( The Insurance Case ) [ 1916 ] 1 A.C. 588 ...
... FULLERTON , J.A. Counsel for the defendant relies , and I think rightly , upon the decision of the Privy Council in the case of Atty . - Gen . for Canada v . Atty . - Gen . for Alberta , Etc. ( The Insurance Case ) [ 1916 ] 1 A.C. 588 ...
Page 88
... FULLERTON and DENNISTOUN , JJ.A. Motor Vehicles - Negligence - Automobile Damaging Motor Cycle - Res Ipsa Loquitur - Onus on Defendant under Motor Vehicle Act , R.S.M. , 1913 , Ch . 131 . In an action for negligence against the owner of ...
... FULLERTON and DENNISTOUN , JJ.A. Motor Vehicles - Negligence - Automobile Damaging Motor Cycle - Res Ipsa Loquitur - Onus on Defendant under Motor Vehicle Act , R.S.M. , 1913 , Ch . 131 . In an action for negligence against the owner of ...
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Common terms and phrases
accused action affidavit agreement Alberta alleged amount application Atty.-Gen Bank breach CAMERON Canada caveat certiorari Charles Bannerman Colonel commission condition contract conviction counsel counterclaim County Court Court of Appeal Craig creditor damages debtor decided decision defendant defendant's delivery DENNISTOUN directors dismissed with costs DYSART entitled evidence fact February February 26 flour fraudulent FULLERTON give given Goulter grain held horses Hosmer intention issue JJ.A Judgment Justice King's Bench L.J. Ch land liability lien Lord Manitoba matter ment Miss Taylor mortgage opinion Parliament of Canada parties payable payment PERDUE person plaintiff pleadings Portage la Prairie PRENDERGAST Procter promissory note province provisions purchaser question reason referred registered res judicata restrictive endorsement Ruthenian says shares solicitor statement of claim statute subsec supra tenant testator tion transfer trial Judge trustee Virden Winnipeg words
Popular passages
Page 22 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 196 - Court to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.
Page 315 - The natural influence of the parent or guardian over the child, or the husband over the wife, or the attorney over the client, may lawfully be exerted to obtain a will or legacy, so long as the testator thoroughly understands what he is doing, and is a free agent. There is nothing illegal in the parent or husband pressing his claims on a child or wife, and obtaining...
Page 151 - ... or for the purpose of any money or valuable thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid, as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race...
Page 278 - The second is, that if a party writes or prepares a will, under which he takes a benefit, that is a circumstance that ought generally to excite the suspicion of the court, and calls upon it to be vigilant and jealous in examining the evidence in support of the instrument, in favor of which it ought not to pronounce unless the suspicion is removed, and it is judicially satisfied that the paper propounded does express the true will of the deceased.
Page 137 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 313 - On the other hand, pressure, of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will con be made.
Page 276 - But his memory may be very imperfect ; it may be greatly impaired by age or disease ; he may not be able, at all times, to recollect the names, the persons, or the families, of those with whom he had been intimately acquainted ; may at times ask idle questions, and repeat those which had before been asked and answered ; and yet his understanding may be sufficiently sound for many of the ordinary transactions of life. He may not have...
Page 206 - ... unlawfully kept for sale or disposal contrary to this Act he may forthwith seize and remove the same and the vessels in which the same is kept and upon the conviction of the occupant of such house or place or any other person for keeping liquor for sale...
Page 528 - When a question of law is raised for the first time in a court of last resort, upon the construction of a document, or upon facts either admitted or proved beyond controversy, it is not only competent but expedient, in the interests of justice, to entertain the plea.