Cases Argued and Determined in the Supreme Court of Nova Scotia 1877-1879, Volume 3A. & W. Mackinlay, 1880 - 610 pages |
From inside the book
Results 1-5 of 37
Page 8
... Parliament as we must gather it from the Insolvent Act . • Unless the plaintiff , in an action against an absconding debtor , proves his claim , obtains his judgment and his writ of execution , his attachment avails nothing . It is , in ...
... Parliament as we must gather it from the Insolvent Act . • Unless the plaintiff , in an action against an absconding debtor , proves his claim , obtains his judgment and his writ of execution , his attachment avails nothing . It is , in ...
Page 9
... Parliament of Canada the power to repeal so much of our local Act relating to absent or absconding debtors as is inconsistent with the provisions of the Insolvent Act ? I am of opinion that such power exists , and as it was exercised by ...
... Parliament of Canada the power to repeal so much of our local Act relating to absent or absconding debtors as is inconsistent with the provisions of the Insolvent Act ? I am of opinion that such power exists , and as it was exercised by ...
Page 39
... Parliament has gone further , when the Justices were men of education and standing , for by the London Police Act , 3 Will 4 , Chap . 79 , Sec . 46. it is enacted that their " orders shall be final and conclusive to all intents and ...
... Parliament has gone further , when the Justices were men of education and standing , for by the London Police Act , 3 Will 4 , Chap . 79 , Sec . 46. it is enacted that their " orders shall be final and conclusive to all intents and ...
Page 109
... Parliament is repealed it must be considered , ( except as to transactions passed and closed , ) as if it had never existed . This is the general rule , and we must not destroy that by indulging in conjectures as to the intention of the ...
... Parliament is repealed it must be considered , ( except as to transactions passed and closed , ) as if it had never existed . This is the general rule , and we must not destroy that by indulging in conjectures as to the intention of the ...
Page 376
... Parliament , 1874 , cap . 16 , is ultra vires ; ( JAMES , J. , dissenting as to this point . ) RITCHIE , E. J. , adhered to the views embodied in the judgment appealed from , for which see Russell & Chesley's Eq . & c . R. , 287 . THIS ...
... Parliament , 1874 , cap . 16 , is ultra vires ; ( JAMES , J. , dissenting as to this point . ) RITCHIE , E. J. , adhered to the views embodied in the judgment appealed from , for which see Russell & Chesley's Eq . & c . R. , 287 . THIS ...
Common terms and phrases
action affidavit agreement Allan F alleged amount appeal application argument assessment assignee authority Beamish bill of sale bond British North America cause certiorari cited City of Halifax claim Company contended costs County Court creditors decision declaration defendant defendant's delivered the judgment DESBARRES discharge Dominion dyke endorsed entitled Equity estoppel evidence execution executor fact fraud given ground Halifax held Insolvent Act issued jurisdiction jury Kaulback land learned Judge Legislature liability MCDONALD ment mortgage Muir notice Nova Scotia objection opinion paid Parliament Parliament of Canada parties payment petition Pictou plaintiff plea pleaded possession proceedings promissory note Province question railway referred replevin Rigby rule nisi says sewer Sheriff shew SIR WILLIAM YOUNG Starratt statute sufficient Supreme Court taken testator tion trial trustees verdict Western Counties Railway William Muir Windsor branch witnesses writ
Popular passages
Page 401 - Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces.
Page 134 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 410 - Local Works and Undertakings other than such as are of the following Classes: — a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province...
Page 20 - ... as by the known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 68 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 313 - ... aliened, conveyed, and confirmed, and by these presents do give, grant, bargain, sell...
Page 237 - ... made, in a book or books to be kept by the directors for that purpose...
Page 440 - ... for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, — these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, but not driven; and his will must be the offspring of his own volition, and not the record of some one else's.
Page 156 - If the INTEREST of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured ; Or...
Page 567 - An Election Petition under this Act shall be served as nearly as may be in the Manner in which a Writ or Summons is served or in such other Manner as may be prescribed.