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Page 93
... jury . The latter is only interfered with in very strong cases . On a rehearing the Court should give the judgment , the Judge below ought to have given both on facts and law . This is accepted in the Common Law Courts . C. Moss , Q.C. ...
... jury . The latter is only interfered with in very strong cases . On a rehearing the Court should give the judgment , the Judge below ought to have given both on facts and law . This is accepted in the Common Law Courts . C. Moss , Q.C. ...
Page 106
... it would be for the jury to say whether the tenant of the servient tenement had not continued the enjoyment in pursuance of a similar agreement , and whether it was not precarious . " Here we find an 106 THE ONTARIO REPORTS , 1884 .
... it would be for the jury to say whether the tenant of the servient tenement had not continued the enjoyment in pursuance of a similar agreement , and whether it was not precarious . " Here we find an 106 THE ONTARIO REPORTS , 1884 .
Page 108
... jury . ACTION for a penalty , for that the defendant , at an election for a member to serve in the Legislative Assembly of Ontario for the District of Muskoka and Parry Sound , holden on the 18th of March , 1883 , being then a public ...
... jury . ACTION for a penalty , for that the defendant , at an election for a member to serve in the Legislative Assembly of Ontario for the District of Muskoka and Parry Sound , holden on the 18th of March , 1883 , being then a public ...
Page 111
... jury ; that the defendant was not an agent for the sale of Crown Lands , which were the words used in the R. S. O ch ... jury , saying the defendant could have relief upon the legal objections he had taken . There were two questions left ...
... jury ; that the defendant was not an agent for the sale of Crown Lands , which were the words used in the R. S. O ch ... jury , saying the defendant could have relief upon the legal objections he had taken . There were two questions left ...
Page 112
... jury should have been decided by the learned Chief Jus- tice , and should not have been left to the jury . 2. That the verdict was contrary to the Judge's charge , and was per- verse . 3. That the verdict was contrary to law and ...
... jury should have been decided by the learned Chief Jus- tice , and should not have been left to the jury . 2. That the verdict was contrary to the Judge's charge , and was per- verse . 3. That the verdict was contrary to law and ...
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Common terms and phrases
acres action affidavit agreement alleged amount appears apply arbitrators assets assignment award Bank Bank of Montreal Beatty Brantford broker by-law CHANCERY DIVISION chattels clause contract Corporation costs council Court Court of Equity creditors damages debt deed default defendant defendant's Delahey entitled equity evidence execution executors fact Farley fee simple fraud given Grand Trunk Railway Gravenhurst Held insolvent intention interest interpleader issue judgment jury land learned Judge liable lien mandamus matter ment mortgage Municipal notice Ontario opinion owner paid parties partner partnership patent payment person plaintiff possession Proudfoot purchase question R. S. O. ch railway referred reissue road Robinson & Co sell separate creditors shareholders shares sheriff shew shewn sold solicitors statement of claim statute testator thereof tion Toronto township trustee ultra vires writ
Popular passages
Page 140 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 648 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 135 - ... printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.
Page 283 - The directors of the company shall have full power in all things to administer the affairs of the company, and may make or cause to be made for the company any description of contract which the company may by law enter into...
Page 43 - But it must be remembered that the claim of a specific device or combination, and an omission to claim other devices or combinations apparent on the face of the patent, are, in law, a dedication to the public of that which is not claimed.
Page 134 - ... if there should be any reasonable doubt upon the sense and meaning of the whole, to have a greater effect attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all...
Page 93 - But an act which though in truth done in pursuance of a contract, admits of explanation without supposing a contract, is not in general admitted to constitute an act of part performance taking the case out of the Statute of Frauds ; as for example, the payment of a sum of money alleged to be purchase-money.
Page 3 - ... all persons claiming under him, whose rights are acquired after the work in respect of which the lien is claimed, is commenced, or the materials or machinery furnished have been commenced to be furnished.
Page 306 - Harbottle, should always be adhered to; that is to say, that nothing connected with internal disputes between shareholders is to be made the subject of a bill by some one shareholder on behalf of himself and others, unless there be something illegal, oppressive or fraudulent; unless there is something ultra vires on the part of the company qua company, or on the part of the majority of the company, so that they are not fit persons to determine it, but that every litigation must be in the name of...
Page 214 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.