Reports of Cases Argued and Determined in the Court of the Queen's Bench, Manitoba, 3. köideLaw Society of Manitoba., 1886 Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
From inside the book
Results 1-5 of 83
Page 13
... claim without suit . E. H. Morphy for plaintiff . [ 11th June , 1885. ] asking to have an KILLAM , J. - The plaintiff files his bill , alleged sale of lands for taxes declared illegal and void and a conveyance of the lands made by the ...
... claim without suit . E. H. Morphy for plaintiff . [ 11th June , 1885. ] asking to have an KILLAM , J. - The plaintiff files his bill , alleged sale of lands for taxes declared illegal and void and a conveyance of the lands made by the ...
Page 14
... claim to costs much stronger than in the present instance . On the other hand , in Christie v . Johnston , 12 Gr . 534 , on a tax sale being declared void , the defendant was ordered to pay costs , on the ground that at the sale he ...
... claim to costs much stronger than in the present instance . On the other hand , in Christie v . Johnston , 12 Gr . 534 , on a tax sale being declared void , the defendant was ordered to pay costs , on the ground that at the sale he ...
Page 38
... claim- ant's detention of the goods if the same shall be afterwards adjudged to the execution creditor . It might be found highly inconvenient to determine summarily upon affidavit the propriety of ordering payment of any sum for such ...
... claim- ant's detention of the goods if the same shall be afterwards adjudged to the execution creditor . It might be found highly inconvenient to determine summarily upon affidavit the propriety of ordering payment of any sum for such ...
Page 47
... claim admitted to be due . A plaintiff being entitled to an order to sign judgment for a portion of his claim ( under section 36 of the Q. B. Act ) is entitled to the costs down to that period . The plaintiff brought his action to ...
... claim admitted to be due . A plaintiff being entitled to an order to sign judgment for a portion of his claim ( under section 36 of the Q. B. Act ) is entitled to the costs down to that period . The plaintiff brought his action to ...
Page 48
... claim sued for , and the plaintiff should have an order to sign judgment forthwith for that amount , and for the costs up to that stage . Should he proceed further with the action to recover the residue of his claim , and succeed , he ...
... claim sued for , and the plaintiff should have an order to sign judgment forthwith for that amount , and for the costs up to that stage . Should he proceed further with the action to recover the residue of his claim , and succeed , he ...
Contents
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323 | |
449 | |
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467 | |
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507 | |
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521 | |
553 | |
603 | |
610 | |
685 | |
689 | |
xiii | |
xiv | |
xviii | |
xxvi | |
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Common terms and phrases
affidavit agreement alleged allowed amount appears application assignment attorney authority bank bill cause of action charge City claim clerk common law contract corporation costs counsel County Court Court of Chancery court of equity Court of Queen's covenant debt debtor declaration decree deed defendant defendant's demurrer Dewar discharge Dubuc England entitled equity evidence execution creditor executors filed garnishee ground held indorsed interest interpleader issue judge judgment jurisdiction KILLAM lands Legislature liable lien Manitoba matter ment mortgage mortgagor notice objection Ontario Ontario Bank paid party payable payment person plaintiff plea possession present proceedings promissory note prothonotary Province Pugsley purchase Queen's Bench question railway reference respect rule Rupert's Land says security for costs sheriff signed Stat statute suit summons taken TAYLOR testator thereof tion trial trust verdict Wallbridge Winnipeg writ writ of summons
Popular passages
Page 628 - The imposition of punishment by fine, penalty or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section; 16.
Page 437 - ... contract which, if made between private persons, would be by law required to be in writing, and if made according to English law to be under seal, may be made on behalf of the company in writing under the common seal of the company...
Page 571 - In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement...
Page 625 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
Page xiv - ... they were intended to be part of the land, the onus of showing that they were so intended lying on those who assert that they have ceased to be chattels, and, that, on the contrary, an article which is affixed to the land even slightly is to be considered as part of the land, unless the circumstances...
Page 52 - ... the testator or settlor, in the shares ; and consequently what is paid by the company as dividend goes to the tenant for life, and what is paid by the company to the shareholder as capital, or appropriated as an increase of the capital stock in the concern, enures to the benefit of all who are interested in the capital.
Page 161 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim.
Page 488 - ... aforesaid, all such laws, institutions and ordinances, and to constitute such courts and officers, as may be necessary for the peace, order, and good government of Her Majesty's subjects and others therein : Provided that until otherwise enacted by the said Parliament of Canada, all the powers, authorities, and jurisdiction of the several courts of justice now established in Rupert's Land, and of the several officers thereof, and of all magistrates and justices now acting within the said limits,...
Page 579 - ... where a power is deposited with a public officer for the purpose of being used for the benefit of persons who are specifically pointed out, and with regard to whom a definition is supplied by the legislature of the conditions upon which they are entitled to call for its •exercise, that power ought to be exercised, and the Court will require it to be exercised (d).
Page 186 - ... a cause of action, which arose within the jurisdiction, or in respect of the breach of a contract made within the jurisdiction...