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 92
Page 11
... given them in the submission to do that . ( WILKINS , J. - Could you object to their giving the exclusive power to Fraser ? RITCHIE , E. J.— If they could not give that power to Fraser or to a third party , they could never settle it at ...
... given them in the submission to do that . ( WILKINS , J. - Could you object to their giving the exclusive power to Fraser ? RITCHIE , E. J.— If they could not give that power to Fraser or to a third party , they could never settle it at ...
Page 29
... given orally in Court by Tremayne who wrote it . Had he been put in the witness box at the trial , he , having written the letter , would necessarily have sworn in terms of the letter , thus : - " On the 6th October , 1874 , the Board ...
... given orally in Court by Tremayne who wrote it . Had he been put in the witness box at the trial , he , having written the letter , would necessarily have sworn in terms of the letter , thus : - " On the 6th October , 1874 , the Board ...
Page 37
... given to respond the judgment to be finally given in the cause , and if the Coin- missioner has any doubt as to the sufficiency of the bail , he should require them to justify . -The concluding clause of Section 24 , Chapter 75 , R. S. ...
... given to respond the judgment to be finally given in the cause , and if the Coin- missioner has any doubt as to the sufficiency of the bail , he should require them to justify . -The concluding clause of Section 24 , Chapter 75 , R. S. ...
Page 38
... given a wider scope to the writ , and it is of familiar use addressed to Justices of the Peace and others after judg- ment and for small sums . It ought not to issue , however , where the statutable right of appeal had not been lost or ...
... given a wider scope to the writ , and it is of familiar use addressed to Justices of the Peace and others after judg- ment and for small sums . It ought not to issue , however , where the statutable right of appeal had not been lost or ...
Page 40
... given by insolvent to one of his creditors , was given as a fraudulent preference , is evident from the clause in it which allows the mortgagee to enter the moment any other creditor presses a claim . These are grounds , not for the ...
... given by insolvent to one of his creditors , was given as a fraudulent preference , is evident from the clause in it which allows the mortgagee to enter the moment any other creditor presses a claim . These are grounds , not for the ...
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.