Reports of cases decided in: afterw. determined by the Supreme court of New Brunswick 1877-81, Issue 2, Volume 31880 |
From inside the book
Results 1-5 of 48
Page 4
... certificate of the Police Magistrate , the Canada Temper- ance Act of 1878 having passed , the magistrate refused to grant the certifi- cate on the ground that he had no power under that Act to do so . He told the applicant's attorney ...
... certificate of the Police Magistrate , the Canada Temper- ance Act of 1878 having passed , the magistrate refused to grant the certifi- cate on the ground that he had no power under that Act to do so . He told the applicant's attorney ...
Page 95
... Certificate for - Action for assault - Where plaintiff does not recover over $ 100 - Refused . In an action by a constable against defendants for assaulting him while en- deavouring to arrest a person against whom he had an execution ...
... Certificate for - Action for assault - Where plaintiff does not recover over $ 100 - Refused . In an action by a constable against defendants for assaulting him while en- deavouring to arrest a person against whom he had an execution ...
Page 97
... certificate for costs , but , feeling doubts if he had authority to do so , he referred the matter to the Court . The Court thought that the damages were " entirely too small , " and in view of this , and of the fact that all the ...
... certificate for costs , but , feeling doubts if he had authority to do so , he referred the matter to the Court . The Court thought that the damages were " entirely too small , " and in view of this , and of the fact that all the ...
Page 99
... certificate was made to the Chief Justice , who tried the cause , who refused to give the certificate , but allowed the plaintiff to make applica- tion to this Court , therefore practically , though not legally , it is an appeal from ...
... certificate was made to the Chief Justice , who tried the cause , who refused to give the certificate , but allowed the plaintiff to make applica- tion to this Court , therefore practically , though not legally , it is an appeal from ...
Page 101
... certificate . I agree with my brother Weldon that there should be a provision for allowing plaintiffs , in such cases , to recover County Court costs . I could , however , see nothing in the circumstances of this case which would have ...
... certificate . I agree with my brother Weldon that there should be a provision for allowing plaintiffs , in such cases , to recover County Court costs . I could , however , see nothing in the circumstances of this case which would have ...
Common terms and phrases
affidavit agent agreement alleged ALLEN amount appear application arrest assignee attachment attorney authority Bank bankruptcy bill of lading Calhoun Canada Temperance Act cause of action certificate certiorari claim Company contract counsel County Court creditor damages debt debtor declaration deed defendant defendant's delivered demurrer DERRY discharge Dominion DOMINION TELEGRAPH COMPANY Domville DUFF entitled estoppel evidence executor FISHER Flaherty FREDERICTON garnishee Gilbert given Gleeson grant ground held indorsed Insolvent Act issued James Domville judgment jury Justice land learned Judge Legislature lessor liable liquors ment nonsuit objection obtained opinion paid PALMER Parliament Parliament of Canada parties payment person plaintiff plea pleaded possession premium proceedings promissory note Province question railway recover referred replication rule nisi Saint John Shediac shewed cause Stat Statute tiff tion Titus trespass trial verdict vult WELDON WETMORE writ writ of attachment
Popular passages
Page 156 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, 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...
Page 120 - The jury answered the first question in the affirmative and the second in the negative ; and to the third question they answered — " It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired.
Page 157 - 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.
Page 450 - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is probable cause for believing that the defendant is about to quit England...
Page 179 - Shop, Saloon, Tavern, Auctioneer, and other Licenses in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
Page 158 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
Page 652 - Application was made for a new trial on the ground of the verdict being against the weight of evidence, but it was refused.
Page 233 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 306 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 51 - If a highway is so stopped that a man is delayed in his journey a little while, and by reason thereof he is damnified, or some important affair neglected, this is not such a special damage for which an action on the case will lie ; but a particular damage to maintain this action ought to be direct, and not consequential; as for instance, the loss of his horse, or by some corporal hurt, in falling into a trench in the highway.