Reports of Cases Decided in the Court of Appeal, 7. köideRowsell & Hutchison, 1883 |
From inside the book
Results 1-5 of 70
Page 1
... Held , [ reversing the judgment of the Court below ] that the by - law so passed by the company being ultra vires , the alleged shares of the defendant had not any existence in law , and therefore that the plaintiffs failed to establish ...
... Held , [ reversing the judgment of the Court below ] that the by - law so passed by the company being ultra vires , the alleged shares of the defendant had not any existence in law , and therefore that the plaintiffs failed to establish ...
Page 4
... held by the defendant as security only , and he is therefore protected by section 29 of the Act , 27-28 Vic . ch . 23. That the judgment in the Court below was erroneous , as it proceeds on the assumption that the Act required the fact ...
... held by the defendant as security only , and he is therefore protected by section 29 of the Act , 27-28 Vic . ch . 23. That the judgment in the Court below was erroneous , as it proceeds on the assumption that the Act required the fact ...
Page 7
... held that a creditor seeking to derive a benefit under it must shew that his comes precisely within the words of it , and that the Court were not at liberty to create an equity as it were arising out of the statute , and to say that ...
... held that a creditor seeking to derive a benefit under it must shew that his comes precisely within the words of it , and that the Court were not at liberty to create an equity as it were arising out of the statute , and to say that ...
Page 10
... Held , ( 1 ) [ reversing the judgment below ] that it need not appear on the affidavit , or the mortgage , or the papers filed therewith , that the agent was aware of the circumstances connected with such mortgage . Held , ( 2 ) ...
... Held , ( 1 ) [ reversing the judgment below ] that it need not appear on the affidavit , or the mortgage , or the papers filed therewith , that the agent was aware of the circumstances connected with such mortgage . Held , ( 2 ) ...
Page 26
... held to have become unnecessary by reason of acts of the mortgagee which , in my judgment , could not , under our statute , be held to have that effect . The case of Karet v . Kosher Meat Supply Association , arose under the Bill of ...
... held to have become unnecessary by reason of acts of the mortgagee which , in my judgment , could not , under our statute , be held to have that effect . The case of Karet v . Kosher Meat Supply Association , arose under the Bill of ...
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Common terms and phrases
action affidavit agent agreed agreement Ameliasburg amount appeal applied assigns authority Belleville BURTON Canada Central Railway chattel mortgage circumstances claim contract conveyance costs County Court Court of Chancery Court of Equity covenant creditors debt debtor decree deed defendant discharge effect entered entitled equity evidence execution executors fact fee simple ferry fire give given Grand Trunk Railway granted held Hutton insolvent intention interpleader judgment jury land learned Judge lease Legislature lessee liable license Lord Macdonalds McGuire ment nonsuit opinion owner paid parties partnership PATTERSON payment person plaintiff plea possession premises Province purchaser purpose question R. S. O. ch Railway Company reason recover referred rent replevin rule shew shewn SPRAGGE statute Statute of Limitations surety tenants in common testator tion trial trustees verdict Vict VII A.R. words Worthington writ
Popular passages
Page 274 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 269 - In America, the powers of sovereignty are divided between the government of the Union and those of the states. They are each sovereign with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.
Page 260 - 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 269 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.
Page 438 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 22 - Every mortgage filed in pursuance of this act shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof; unless, within thirty days next preceding the expiration of the said term of one year...
Page 21 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Page 267 - 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.
Page 449 - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at [ *2S9 ] which the right to make such entry or distress, or to * bring such action, shall have first accrued...
Page 266 - Acts also contains a clause by which it is enacted that where any person shall be convicted of any offence punishable under any of such Acts for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the Common Gaol or House of Correction...