The Canadian Law Times, 6. köideCarswell, 1886 From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
Contents
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Common terms and phrases
action agreement alleged amount application arbitrators assignment attornment clause authority bill by-law Canada Canada Temperance Act Chancery Division claim contract conveyance conviction costs Court of Appeal covenant creditors damages debt deed default defendant DIVISIONAL COURT entitled equity of redemption estoppel evidence Ex parte Jackson execution executors fact favour fraud granted Held High Court husband intention interest interpleader issue James Maclennan judgment jurisdiction jury Justice land learned Judge letters patent liable lien Manitoba matter ment mort mortgage mortgagor Municipal notice Nova Scotia obtained Ontario owner paid parties patent payment person plaintiff Port Arthur possession proceedings Province purchaser Queen's Bench question R. S. O. cap railway received recover referred rent respect respondent rule sheriff ship solicitor statute Statute of Frauds subsequent Supreme Court tion Toronto trial trustees verdict vessel Vict wife
Popular passages
Page 41 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express in writing the whole of the contract by which...
Page 464 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 218 - Anne cap. 14, sec. 1, which enacts that " no goods or chattels whatsoever lying or being in or upon any messuage lauds or tenements which are or shall be leased for life, or lives, term of years, at will or otherwise...
Page 503 - In any cause or proceeding for damages arising out of a collision between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the Court of Admiralty, so far as they have been at variance with the rules in force in the Courts of Common Law, shall prevail.
Page 169 - A sentence is a judicial determination of a cause agitated between real parties, upon which a real interest has been settled. In order to make a sentence, there must be a real interest, a real argument, a real prosecution, a real defense, a real decision.
Page 552 - A mortgagor, as long as his right to redeem subsists, shall, by virtue of this Act, be entitled from time to time, at reasonable times, on his request, and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of or extracts from the documents of title relating to the mortgaged property in the custody or power of the mortgagee.
Page 417 - And whereas it is now desired by the High Contracting Parties that the provisions of the said Article should embrace certain crimes not therein specified, and should extend to fugitives convicted of the crimes specified in the said Article and in this Convention...
Page 97 - This proposition, however, is not at variance with the doctrine, that where one has so acted as from his conduct to lead another to believe that he has appointed some one to act as his agent, and knows that that other person is about to act on that behalf, then, unless he interposes, he will, in general, be estopped from disputing the agency, though in fact no agency really existed.
Page 418 - A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character...
Page 104 - 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, or* 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.