Reports of cases argued and determined in the Supreme court of New Brunswick [1867-71].1878 |
From inside the book
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Page 30
... took out the order with full notice that the venue might be brought back to Northumberland , and they cannot be damnified thereby , for the venue now stands precisely where they first laid it , and it is the first opportunity the ...
... took out the order with full notice that the venue might be brought back to Northumberland , and they cannot be damnified thereby , for the venue now stands precisely where they first laid it , and it is the first opportunity the ...
Page 35
... took no proceedings against him , he misled the sureties ; and in this case the delay had prevented the sureties from securing them- selves . This clause was inserted in the bond for the benefit of the surety and not of the Crown . Cur ...
... took no proceedings against him , he misled the sureties ; and in this case the delay had prevented the sureties from securing them- selves . This clause was inserted in the bond for the benefit of the surety and not of the Crown . Cur ...
Page 40
... took place at the instance of the debtor himself , who , with the creditor , was present by his counsel . Wit- nesses were examined under oath and the trustees adjusted the account at £ 92 3s . 2d . The special case sets forth no ...
... took place at the instance of the debtor himself , who , with the creditor , was present by his counsel . Wit- nesses were examined under oath and the trustees adjusted the account at £ 92 3s . 2d . The special case sets forth no ...
Page 44
... took certain goods and chattels , to - wit , & c . ( specifying the articles ) of the plaintiff then found and being in and upon the said premises ; of great value , to - wit of the value of $ 2,000 , as a distress for the said sum of ...
... took certain goods and chattels , to - wit , & c . ( specifying the articles ) of the plaintiff then found and being in and upon the said premises ; of great value , to - wit of the value of $ 2,000 , as a distress for the said sum of ...
Page 45
... took and distrained for the said arrears of rent certain goods , & c . , of much greater value than the amount of the said arrears of rent , to - wit , of the value of $ 2,000 , and thereby took a great and unreasonable distress , & c ...
... took and distrained for the said arrears of rent certain goods , & c . , of much greater value than the amount of the said arrears of rent , to - wit , of the value of $ 2,000 , and thereby took a great and unreasonable distress , & c ...
Other editions - View all
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2016 |
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2015 |
Common terms and phrases
action administration admitted affidavit agreed agreement alleged ALLEN allowed amount answer appear application assessment assigned attorney authority bank benefit bill bound called cause charge claim commissioners Company consideration contended contract costs counsel County Court damages death debts deed defendant defendant's delivered directed discharged duty effect entered entitled equity evidence Exception execution fact give given granted ground hands held intended interest issued John Judge judgment jury Justice land learned liable logs loss matter means ment mortgage necessary notice objection obtained opinion owner paid party passed payment person plaintiff possession present proceedings proved provisions question reasonable received recover reference refused respect RITCHIE rule says shew Smith Statute sufficient suit taken Term tion took trial verdict vessel Vict whole
Popular passages
Page 495 - the rule of law is clear, 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, so as 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.
Page 557 - Order and Good Government of Canada in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated,...
Page 557 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Page 557 - Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say: (1) The Public Debt and Property.
Page 497 - G., in Easter Term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence.
Page 557 - The constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act...
Page 102 - States a certain registered letter received by plaintiff as postmaster at , on or about the day of , 19 — , and upon such charge the defendant falsely and maliciously and without any reasonable or probable cause...
Page 557 - 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 538 - ... the common law, in such a case, imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from obstructions, but to take reasonable care, so long as they keep it open for the public use of all who may choose to navigate it, that they may navigate without danger to their lives or property.
Page 329 - Serjt., on a former day in this term moved for a rule nisi on both these objections, when, it being suggested on the part of the plaintiff, that the statute 34 G.