Western Law Reporter (Canada) and Index-digest, Volume 1Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams Carswell., 1905 - Law reports, digests, etc |
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Common terms and phrases
affidavit agent agreed agreement alleged amended amount appeal application ASSINIBOIA authority award bank behalf BRITISH COLUMBIA by-law cattle charge chattel church cited contended contract costs counsel counterclaim creditors damages defendant defendant's delivered dismissed DUBUC Edmonton election entered entitled evidence execution fact favour fendant FULL COURT given Gold Commissioner ground held horses interest interpleader issue J. T. Brown judgment jury land liable lien MANITOBA matter ment Moosomin mortgage motion Municipal negligence NORTH-WEST TERRITORIES North-West Territories Act notice objection opinion Ordinance owner paid parties payable payment PERDUE person plaintiff pleaded possession proceedings provisions purchase money purpose question reason received recover refused Rossland Rule security for costs shew shewn solicitor statement of claim statute Statute of Frauds sub-sec Supreme Court tiff tion trial Judge ultra vires vendor WETMORE writ YUKON TERRITORY
Popular passages
Page 162 - ... 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 267 - If a stranger begins to build on my land, supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a court of equity will not allow me afterwards to assert my title to the land on which he had expended money on the supposition that the land was his own.
Page 555 - Every holder of a bill Is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill, is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
Page 334 - In case any such judgment, decree, order or sentence shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of five hundred pounds sterling (£500) or in case such judgment, decree, order, or sentence shall involve directly or indirectly any claim, demand, or question to or respecting property or any civil right amounting to or of the value of five hundred pounds sterling...
Page 391 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff...
Page 257 - ... shall have power to grant, and shall grant, either absolutely, or on such reasonable terms and conditions as to them shall seem just, all such remedies whatsoever, as any of the parties...
Page 334 - Council, that any person or persons may appeal to Her Majesty, her heirs and successors, in her or their Privy Council, from any final judgment, decree, order, or sentence...
Page 306 - ... an executory contract, in this sense, namely, that the ownership of the estate is transferred, subject to the payment of the purchase money, every portion of the purchase money paid in pursuance of that contract is a part performance and execution of the contract, and, to the extent of the purchase money so paid, does, in equity, finally transfer to the purchaser the ownership of a corresponding portion of the estate...
Page 575 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Page 407 - Any person claiming to be interested under any will, settlement or trust deed, or any instrument of transfer or transmission or under an unregistered instrument or under an execution where the execution creditor seeks to affect land in which the execution debtor is interested beneficially but the title to which is registered in the name of some other person or otherwise howsoever in any land...