Report of Judgments of Windward Islands Court of Appeal |
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Common terms and phrases
action affidavit Albert Augier alleged Anse-la-Verdure appellant appellant's apply appointed Barbados BARNARD boundary C. J. St carrés Carriacou cause Charleroy chief justice cocoa colony contended contract conveyance conviction costs Court of Appeal damages decision declaration deed defendant devise discharged domicil Douglas Alexander ejusdem generis entitled evidence fact fee simple Gaillard Bois granted Grenada ground Guihur's innuendo insured Island issue Jacques Herelle James Horne Darrell John Langdon judgment jurisdiction jury land learned counsel learned judge lease letter libel Lynch mandamus matter meaning mentioned Mont Lezard opinion Ordinance paid Parc parties person plaintiff pleadings possession present purchase money question Quinlan quo warranto reason referred respondent respondent's Royal Court rule nisi Saint Lucia Snell Hall solicitors Stanislaus statement of claim SUN FIRE Supreme Court survey surveyor Tersannes trespass trial Vanard verdict Vincent Windward Islands witness words
Popular passages
Page 102 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 41 - ... the ground that, in his opinion, negligence ought not to be inferred; and it would, on the other hand, place in the hands of the jurors a power which might be exercised in the most arbitrary manner if they were at liberty to hold that negligence might be inferred from any state of facts whatever.
Page 152 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.
Page 107 - Or. 39, r. 6, it 13 provided that a new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or...
Page 151 - A writ of quo warranta is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right...
Page 131 - Therefore it is considered that the plaintiff do recover against the defendant the said...
Page 101 - ... the Subject-matter, 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...
Page 102 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury...
Page 109 - But the general word which follows particular and specific words of the same nature as itself takes its meaning from them, and is presumed to be restricted to the same genus as those words...
Page 258 - It is often very difficult to estimate correctly the relative credibility of witnesses from written depositions; and when the question arises which witness is to be believed rather than another, and that question turns on manner and demeanour, the Court of Appeal always is, and must be, guided by the impression made on the Judge who saw the witnesses.