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 76
Page 8
... facts which he desired to , on the ground that they tended to make out the defence . 2. That the plaintiff was estopped by the receipt . 3. Rejection of evidence of a conversation between Arbo ( the Insolvent ) and Carter when the ...
... facts which he desired to , on the ground that they tended to make out the defence . 2. That the plaintiff was estopped by the receipt . 3. Rejection of evidence of a conversation between Arbo ( the Insolvent ) and Carter when the ...
Page 9
... facts tending to prove my defence . It is an important ques- tion and is often coming up . My view is it depends very much on the course plaintiff chooses to adopt . his case and stated all the facts . ( DUFF , J. show he did so . ) In ...
... facts tending to prove my defence . It is an important ques- tion and is often coming up . My view is it depends very much on the course plaintiff chooses to adopt . his case and stated all the facts . ( DUFF , J. show he did so . ) In ...
Page 19
... facts stated . The allegation of duty amounts to nothing . By the terms of the policy no condition can be waived by ... fact appears so as to be an estoppel and that is traversed , the traverse is demurrable : 1 Chit . Pl . 610 , 611 . 3 ...
... facts stated . The allegation of duty amounts to nothing . By the terms of the policy no condition can be waived by ... fact appears so as to be an estoppel and that is traversed , the traverse is demurrable : 1 Chit . Pl . 610 , 611 . 3 ...
Page 28
... facts were before the learned Judge , and he was of opinion that the cause could be more conveniently tried in the ... fact - Pleading . In a Policy of Marine Insurance the vessel was warranted " not to load more than registered tons ...
... facts were before the learned Judge , and he was of opinion that the cause could be more conveniently tried in the ... fact - Pleading . In a Policy of Marine Insurance the vessel was warranted " not to load more than registered tons ...
Page 31
... fact , but the defendants could demur if they chose . They have demurred ; and I have not , in the argument or cases cited , heard anything to change my opinion . I still retain my opinion that it is a question of fact , whether ...
... fact , but the defendants could demur if they chose . They have demurred ; and I have not , in the argument or cases cited , heard anything to change my opinion . I still retain my opinion that it is a question of fact , whether ...
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 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 purchase question railway recover 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 158 - 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 122 - 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 159 - 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 452 - ... 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 181 - Shop, Saloon, Tavern, Auctioneer, and other Licenses in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
Page 160 - 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 654 - Application was made for a new trial on the ground of the verdict being against the weight of evidence, but it was refused.
Page 235 - ... 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 308 - ... 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 53 - 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.