Reports of Cases Argued and Determined in the Court of the Queen's Bench, Manitoba, Volume 16Law Society of Manitoba., 1907 - Law reports, digests, etc Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
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Common terms and phrases
accident affidavit agent agreed agreement alleged allowed amendment amount application ARGUED Argument assignment award breach by-law Canadian Canadian Pacific Railway cause of action certificate charge chattel mortgage cited clerk common law contract contractor County Court Court of Appeal covenant creditor damages debtor deceased DECIDED deed defendant defendant's dismissed with costs DUBUC duty engine entitled evidence fact fence followed fraud garnishee Gimli ground held horse HOWELL interest Judgment jurisdiction jury King's Bench Act land letter liability lien malice Manitoba MATHERS municipality negligence notice Ontario owner paid party payable payment PERDUE person PHIPPEN plaintiff pleadings polling divisions promissory note purchase money question Railway Act railway company Real Property reasonable recover referred returning officer RICHARDS Rule signed Smith solicitor statement of claim statute Statute of Frauds sub-section sufficient trial Judge trolley wire voters Winnipeg
Popular passages
Page 103 - December, one thousand eight hundred and thirty-three, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 237 - ... possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion, remainder, or expectancy, or over which such person shall at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 641 - What may this mean, That thou, dead corse, again in complete steel Revisit'st thus the glimpses of the moon, Making night hideous ; and we fools of nature So horridly to shake our disposition With thoughts beyond the reaches of our souls ? Say, why is this ? wherefore ? what should we do ? Ghost beckons HAMLET.
Page 377 - A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.
Page 294 - Frauds does not prevent the proof of a fraud ; and that it is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and claim the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parol evidence that it was so conveyed upon trust for the claimant, and that the grantee, knowing the facts, is denying the trust and relying upon the form of conveyance...
Page 187 - Contractor , then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all...
Page 329 - Such fences, gates and cattleguards shall be suitable and sufficient to prevent cattle and other animals from getting on the railway.
Page 100 - The said party of the second part for himself, his heirs, executors and administrators doth covenant, promise and...
Page 159 - Such passengers and goods shall be taken, transported and discharged at, from and to such places, on the due payment of the toll, freight or fare legally authorized therefor; 4. The party aggrieved by any neglect or refusal in the premises, shall have an action therefor against the Company ; from which action the Company shall not be relieved by any notice, condition or declaration, if the damage arises from any negligence or omission of the Company or of its servants ; Checks to be 5.
Page 125 - In every case in which an attorney or solicitor shall be employed to prosecute or defend any suit, matter or proceeding in any court of justice, it shall be lawful for the court or judge, before whom any such suit, matter or proceeding has been heard or shall be depending, to declare such attorney or solicitor entitled to a charge upon the property recovered or preserved...