Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Volume 38Carswell Company, Limited, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 82
Page 23
... damages from one claimant amounting to $ 500 , and the affidavits showed that more than the estimated amount was justly due to claimants and must be ultimately raised and paid . Held , allowing the appeal of the commissioners on this ...
... damages from one claimant amounting to $ 500 , and the affidavits showed that more than the estimated amount was justly due to claimants and must be ultimately raised and paid . Held , allowing the appeal of the commissioners on this ...
Page 31
... damages for lands , sods , etc. , $ 580.00 . ” With the exception of the sum of $ 68.00 of that amount , these damages have been either fixed under the provisions of the Act by the proper authority , or the parties have agreed upon the ...
... damages for lands , sods , etc. , $ 580.00 . ” With the exception of the sum of $ 68.00 of that amount , these damages have been either fixed under the provisions of the Act by the proper authority , or the parties have agreed upon the ...
Page 32
... damages will be at large , and the case will be within re Bishop's Dyke , and the whole rate must be quashed . Thus a claimant for damages , who has a large rate to pay , may postpone a thing indefinitely in this way , although I admit ...
... damages will be at large , and the case will be within re Bishop's Dyke , and the whole rate must be quashed . Thus a claimant for damages , who has a large rate to pay , may postpone a thing indefinitely in this way , although I admit ...
Page 37
... damages , payable for lands , sods , & c . It appears from the affidavits that , as stated by the learned judge , the damages thus provided for , with the exception of $ 68.00 , have been " either fixed under the provisions of the act ...
... damages , payable for lands , sods , & c . It appears from the affidavits that , as stated by the learned judge , the damages thus provided for , with the exception of $ 68.00 , have been " either fixed under the provisions of the act ...
Page 38
... damage he had sustained or consented to their doing so , and that his damages were really much greater than the amount included in the rate . The learned judge found no authority in the Act enabling the assessors to value the damages ...
... damage he had sustained or consented to their doing so , and that his damages were really much greater than the amount included in the rate . The learned judge found no authority in the Act enabling the assessors to value the damages ...
Contents
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Common terms and phrases
action affidavit agent agreed agreement alleged amount Angus McIsaac application Arisaig assignment bill of sale Bonne Bay Canada Temperance Act charge City of Halifax claim contended contract conveyed conviction counsel court creditors damages deceased deed defendant defendant's Dennison dismissed with costs district election entitled evidence execution executor fact FRASER fraud fraudulent fund given GRAHAM Halifax Held Hood interest judgment jury land learned judge liable March matter McDonald McIsaac MEAGHER ment Mira Road Mizpah municipality Nancy McKenzie necessary notice Nova Scotia opinion order-in-council owner paid parties payment person petition petitioner plaintiff Port Hood possession prisoner provision purchase purpose question Quinpool Road reason recover referred registry respondent Runciman RUSSELL says share solicitor statement statute statute of frauds support of appeal taken testator tion town TOWNSHEND trial judge trust wife Withrow words
Popular passages
Page 98 - Release of the same, unless in the meantime some Part of the Principal Money, or some Interest thereon, shall have been paid, or some Acknowledgment of the Right thereto shall have been given in Writing signed by the Person by whom the same shall be payable, or his Agent, to the Person entitled thereto, or his Agent...
Page 318 - And equity protects a parol gift of land, equally with a parol agreement to sell it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable improvements on the property.
Page 449 - Is it proved affirmatively that the confession was free and voluntary,— that is, was it preceded by any inducement to make a statement held out by a person in authority ? If so, and the inducement has not clearly been removed before the statement was made, evidence of the statement is inadmissible.
Page 562 - ... committed, it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a...
Page 449 - . . . a confession, in order to be admissible, must be free and voluntary: that is, must not be extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.
Page 97 - ... any mortgage, judgment, or lien, or otherwise charged upon (a) or payable out of any land or rent, at law or in equity, or any legacy (6), but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 318 - ... to inquire, have stepped in and relaxed the rigidity of this rule, and hold that a part performance removes the bar of the statute, on the ground that it is a fraud for the vendor to insist on the absence of a written instrument, when he has permitted the contract to be partly executed.
Page 443 - The object of a trial is the administration of justice in a course as free from doubt or chance of miscarriage as merely human administration of it can be - not the interests of either party.
Page 571 - PERFORMANCE BOND — The security furnished by the contractor to guarantee the completion of the work in accordance with the terms of the contract. AND...
Page 319 - The question then is, whether a parol promise by one owning lands, to give the same to another, will be enforced in equity, when the promisee has been induced by the promise to go into possession, and with the knowledge of the promisor make comparatively large expenditures in permanent improvements upon the land. It is and must be...