Pyke's Reports of Cases Argued and Determined in the Court of King's Bench for the District of Quebec in the Province of Lower Canada: In Hilary Term, in the Fiftieth Year of the Reign of George III., Page 251811 - Law reports, digests, etc - 77 pages |
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Page 25
... claration and pleadings which related in any manner to the pétitoire , was declared null , and of no effect . And it was ordered that the parties pro- ceed respectively to the ad- duction of the proofs of the facts , by them severally ...
... claration and pleadings which related in any manner to the pétitoire , was declared null , and of no effect . And it was ordered that the parties pro- ceed respectively to the ad- duction of the proofs of the facts , by them severally ...
Page 41
... claration . 3dly . That no greater quantity of Pine Timber than the quantity expressed in the agreement had been delivered to him , or , received by him . 4thly . That for the quantity of timber delivered vizt . 20,000 feet of Pine ...
... claration . 3dly . That no greater quantity of Pine Timber than the quantity expressed in the agreement had been delivered to him , or , received by him . 4thly . That for the quantity of timber delivered vizt . 20,000 feet of Pine ...
Page 44
... claration , but alleges , and relies entirely upon , one or more new matters as cause why the plaintiff's suit should be delayed or dismissed , and hence the ma- xim Reus excipiendo fit actor . ( nn ) ( k ) 14th vol . Repertoire 8vo . p ...
... claration , but alleges , and relies entirely upon , one or more new matters as cause why the plaintiff's suit should be delayed or dismissed , and hence the ma- xim Reus excipiendo fit actor . ( nn ) ( k ) 14th vol . Repertoire 8vo . p ...
Page 45
... claration , " and will award to him the appropriate remedy in law , which he specifically sets forth and alleges to be the legal result of the premisses . ( q ) By the King's writ or process ad respondendum , the defendant is summoned ...
... claration , " and will award to him the appropriate remedy in law , which he specifically sets forth and alleges to be the legal result of the premisses . ( q ) By the King's writ or process ad respondendum , the defendant is summoned ...
Page 46
... claration ; " ( r ) and if he appears , ( to prevent a judgment against him by proceedings ex parte ) he must answer , or shew , " that by law he is not bound to answer . " This constitutes the first great division in pleas ; and as it ...
... claration ; " ( r ) and if he appears , ( to prevent a judgment against him by proceedings ex parte ) he must answer , or shew , " that by law he is not bound to answer . " This constitutes the first great division in pleas ; and as it ...
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Common terms and phrases
2dly Adjudicataire agreement alleged assumpsit averment bill of sale BLACKWOOD Intervg Bonenfant bound to answer Bowen brevet Brigantine BURNS against HART cause of action certificate of Registry claration Coal Code Civile contended contract Court Court of Vice-Admiralty Curiam declaration defendant Défense au fonds delivered Dunn enchere exception peremptoire execution fendant Fieri Facias filed Fins fonds en fait FORBES against ATKINSON highest bidder hull issue judgment Juges Consuls Juges et Consuls jurisdiction Jury L. C. Denizart last and highest law of Canada law of France Lower Canada malt marchands MEIKLEJOHN ment mercantile nature merchants Notary nulla bona opposition Ordinance parties peremptoire en droit Pigeau plaintiff plaintiff's demande pleading Pothier POZER premisses procéder Proux Prov qu'il Quebec Repertoire Rules and Orders rules of evidence setforth SEWELL Sheriff shew ship Statute suit tender tiff tion trader Verbo verdict vessel vingt cinq writ
Popular passages
Page 12 - In proof of all facts concerning commercial matters, recourse shall be had, in all the courts of civil jurisdiction in this province, to the rules of evidence laid down by the laws of England.
Page 9 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 9 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 4 - Pleas, grounded on debts, promises, contracts and agreements of a mercantile nature only, between Merchant and Merchant, and Trader and Trader, so reputed and understood, according to law, and also of personal wrongs, proper to be compensated in damages, may, at the option and choice of either party, have and obtain the trial and verdict of a Jury, as well for the assessment of damages on personal wrongs committed, as the determination of matters of fact in any such cause.
Page 42 - The matters which constitute the demande and the defense, in any case, are respectively setforth in the pleadings of the parties, which vary, according to the grounds upon which they are made, and the objects they are designed to attain. Pleading, therefore is the statement of the facts which constitute the plaintiff,s cause of action, or the defendant's ground of defence, exhibited in writing in technical form.
Page 10 - Canadians or new Subjects; the Jury shall be composed of an equal number of each, if such be required by either of the Parties in any of the above mentioned Instances.
Page 44 - ... still what is omitted in the conclusions cannot be supplied by the court, not even if it appears in substance in the body, or libel, of the pleading, (m) The declaration is the first pleading in every case.
Page 73 - Form hereinafter expressed, and shall be signed by the Person or Persons transferring the Property of the said Ship or Vessel by Sale or Contract, or Agreement for Sale...
Page 29 - ... out-houses, with two bearing orchards on the premises aforesaid. Now this is to give notice, that the houseing, mills, lands, &c. will be exposed to sale, by way of publick vendue, on Monday the twenty-third day of April next; on the premises aforesaid, between the hours of twelve and five in the afternoon, at which time and place the conditions of sale will be made known, by me JOHN TAYLOR, Sheriff.
Page 4 - ... merchants or traders, and the subject matter grounded on debts, promises, contracts, and agreements, of a mercantile nature only...