Reports of Cases Decided in the Court of Appeal, 12. köideRowsell & Hutchison, 1886 |
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action actual agree agreement alleged apply assignment authority axle bill of lading bridge BURTON by-law Byng Inlet Canborough Chancery Division change of possession chattel claim contract contractor conveyance corporation costs council Court of Appeal creditors Crown damages debt debtor decision declared deed defendant defendant's delivery Despatch Company dismissed Divisional Court duty entitled evidence execution fact fence Foott fraudulent George Wade gift inter vivos grant HAGARTY held insolvent intended interlocutory interpleader judgment Judicature Act jurisdiction jury Justice land learned Judge liable lumber mandamus ment mortgage municipality obtained opinion OSLER Oswego Creek owner paid into Court Parkdale parties passed patent PATTERSON payment person plaintiff pleading proceedings purchaser Queen's Bench Division question R. S. O. ch railway companies reason referred rule shareholder shew shewn statute thereof tion Toronto township trial trustees Vict void XII A.R. Yearly Meeting
Popular passages
Page 258 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled, unless when the time for the...
Page 561 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Page 651 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing...
Page 125 - shall include any action, suit, or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by the Crown. " Suit " shall include action. "Action " shall mean a civil proceeding commenced by writ, or in such other manner as may be prescribed by Rules of Court ; and shall not include a criminal proceeding by the Crown.
Page 217 - Objections founded on the personal incompetency of the Judge, or on the nature of the subject matter, or on the absence of some essential preliminary, must obviously in most cases depend upon matters which, whether apparent on the face of the proceedings or brought before the superior court by affidavit, are extrinsic to the adjudication impeached.
Page 185 - ... an agreement between a debtor and a creditor that the debt owing shall be paid out of a specific fund coming to the debtor, or an order given by a debtor to his creditor upon a person owing money or holding funds belonging to the giver of the order, directing such person to pay such funds to the creditor, will create a valid equitable charge upon such fund ; in other words, will operate as an equitable assignment of the debts or fund to which the order refers.
Page 44 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained...
Page 711 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Page 536 - BRETHREN, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; con- sidering thyself, lest thou also be tempted.
Page 449 - If it turns out that the chattel has come into the hands of the person who professed to sell it by a de facto contract, that is to say, a contract which has purported to pass the property to him from the owner of the property, there the purchaser will obtain a good title, even although afterwards it should appear that there were circumstances connected with that contract THE CENTRAL LAW JOURNAL.