The Judicature Act of New Brunswick 1906 and Rules of CourtTelegraph Publishing Company, 1906 - 541 pages |
From inside the book
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Page 19
... alleged , such and the same effect by way of defence against the claim of such plaintiff or petitioner as the Supreme Court in Equity ought to have given if the same or the like matters had been relied on by way of c . 37 . 6 Edw . II ...
... alleged , such and the same effect by way of defence against the claim of such plaintiff or petitioner as the Supreme Court in Equity ought to have given if the same or the like matters had been relied on by way of c . 37 . 6 Edw . II ...
Page 45
... alleged breach within the jurisdiction of any contract wherever made , which , according to the terms thereof , ought to be performed within the jurisdiction ; or a tort committed therein ; or ( f ) Any injunction is sought as to ...
... alleged breach within the jurisdiction of any contract wherever made , which , according to the terms thereof , ought to be performed within the jurisdiction ; or a tort committed therein ; or ( f ) Any injunction is sought as to ...
Page 54
... alleged goes to the whole or to part only , and ( if so ) to what part of the plaintiff's claim . ( c ) The Judge may , if he thinks fit , order the defendant , or in the case of a corporation , any officer thereof , to attend and be ...
... alleged goes to the whole or to part only , and ( if so ) to what part of the plaintiff's claim . ( c ) The Judge may , if he thinks fit , order the defendant , or in the case of a corporation , any officer thereof , to attend and be ...
Page 56
... alleged to exist . ( Cf. RR . 185 , whether jointly , severally , or in the alternative , where if such persons brought separate actions any common question of law or fact would arise ; provided that , if upon the application of any ...
... alleged to exist . ( Cf. RR . 185 , whether jointly , severally , or in the alternative , where if such persons brought separate actions any common question of law or fact would arise ; provided that , if upon the application of any ...
Page 57
... alleged to exist , whether jointly , defendants . severally , or in the alternative . And judgment may be given against such one or more of the defendants as may be found to be liable , according to their respective liabilities ...
... alleged to exist , whether jointly , defendants . severally , or in the alternative . And judgment may be given against such one or more of the defendants as may be found to be liable , according to their respective liabilities ...
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Other editions - View all
The Judicature Act of New Brunswick 1906 and Rules of Court New Brunswick,New Brunswick Supreme Court No preview available - 2015 |
Common terms and phrases
affidavit aforesaid alleged allocatur allowed amended amount appearance Appendix application appointed arbitrator attend bail cause of action cause or matter certified commencement concurrent writ costs counterclaim Court of Appeal Court of Judicature Court or Judge creditor damages for breach Dated the day day of 19 debt deemed default defendant's Delivered Signed delivery deponent documents EDWARD THE SEVENTH entered entitled Equity evidence execution executor filed Form guardian habitual drunkard hearing indorsed infant interest interpleader interrogatories issue judgment or order jurisdiction jury land manner ment mortgage motion paid paid into Court Particulars party payment petition plaintiff plaintiff's claim pleadings possession preceding rule proceed proceedings proper officer Referee Registrar replevin respect served Sheriff solicitor statement of claim Supreme Court Take notice taxing officer therein thereto think fit tion trust unless the Court witness writ of summons
Popular passages
Page 56 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 150 - A mandamus or an inJunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in which it shall appear to the Court to be just or convenient that such order should be made...
Page 93 - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 220 - If any party to a submission, or any person claiming submission6 " through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to stay the proceedings...
Page 23 - ... the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the Law of Bankruptcy with respect to the estates of persons adjudged bankrupt...
Page 242 - ... a Court or a judge. (5. A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.
Page 20 - ... connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim, pursuant to any...
Page 20 - No cause or proceeding at any time pending in the High Court of Justice, or before the Court of Appeal, shall be restrained by prohibition or injunction ; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Act had not passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto...
Page 56 - And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment.
Page 144 - ... apply to the Court or a Judge for leave to issue execution against such party.