Cases Argued and Determined in the Supreme Court of Nova Scotia, 第 1 卷William MacNab, 1877 |
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第 13 頁
... discharged with costs . RYERSON , EXECUTOR OF POCOCK v . DERBY . Where a contract is made to run a race involving an infraction of law , and one of the depositors , being a party to the wager , notifies the stake- holder while the money ...
... discharged with costs . RYERSON , EXECUTOR OF POCOCK v . DERBY . Where a contract is made to run a race involving an infraction of law , and one of the depositors , being a party to the wager , notifies the stake- holder while the money ...
第 19 頁
... discharged with costs . WILKINS , J. , delivered the following dissenting opinion : It is with great diffidence that I have to express a dissenting opinion in this case -- a diffidence which cannot but arise from the reflection that my ...
... discharged with costs . WILKINS , J. , delivered the following dissenting opinion : It is with great diffidence that I have to express a dissenting opinion in this case -- a diffidence which cannot but arise from the reflection that my ...
第 29 頁
... discharged . SMITH ET AL . SMITH ET AL . This cause came before the Court on a rule granted by the judge who tried the cause , with the consent of counsel , to dispose of a question of title , depending upon the construction of certain ...
... discharged . SMITH ET AL . SMITH ET AL . This cause came before the Court on a rule granted by the judge who tried the cause , with the consent of counsel , to dispose of a question of title , depending upon the construction of certain ...
第 46 頁
... discharged with costs . I * The decision in Gibbons v . Kilday is not published , but the case is fully stated in the decision of SIR WILLIAM YOUNG in Smyth v . McDonald , 1 Oldright 274 . O'MULLIN ET AL . McDONALD ET AL . The question ...
... discharged with costs . I * The decision in Gibbons v . Kilday is not published , but the case is fully stated in the decision of SIR WILLIAM YOUNG in Smyth v . McDonald , 1 Oldright 274 . O'MULLIN ET AL . McDONALD ET AL . The question ...
第 49 頁
... it , and among others for the plaintiffs ' claim , and there is , therefore , no ground as I think for setting the verdict aside , and the rule nisi ought to be discharged with cost . ROBERTSON v . DUDMAN . " " Plaintiff , who 49.
... it , and among others for the plaintiffs ' claim , and there is , therefore , no ground as I think for setting the verdict aside , and the rule nisi ought to be discharged with cost . ROBERTSON v . DUDMAN . " " Plaintiff , who 49.
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action was brought adverse possession affidavits agent agreement Alexander McDonald alleged appears application argument attorney authority bill bill of lading Cape Porcupine cargo Cites claim contended contract costs counsel Court Court of Equity covenant Crown damages debentures debt deed defendant defendant's delivered the judgment discharge dredge entered entitled Equity Evans evidence fact favor fendant fraud freight George's Bay granted ground Halifax held insured interest issue jurors jury Justice land learned Judge license lien loss matter Mayor MCCULLY McDonald ment mortgage negligence notice Nova Scotia nunc pro tunc opinion paid party petition of right Pictou plaintiff plea pleaded possession proof proved purchase Queen question received recover referred replevin reply rule nisi says servant signed sold stamp statute Straits of Canso sufficient taken testator tiff tion trespass trial vessel warranty WILKINS witness words writ
熱門章節
第 265 頁 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
第 103 頁 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence, or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
第 174 頁 - America to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
第 27 頁 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
第 204 頁 - Being firmly of opinion that the publication in question was a libel, his lordship was of opinion that the rule for a new trial should be made absolute. The rest of the Court fully concurred in this opinion, and the rule was made absolute.
第 75 頁 - Dobe, or to his assigns, he or they paying freight for the said goods, per hhd., with primage and average accustomed.
第 58 頁 - ... to bind the other two without their knowledge or consent, I was unable to get the book in which the original entries were made, or the plan to which the memo, refers, and could not therefore give an opinion if the case turned upon the sufficiency of the memo, signed by Nash and the plaintiff.
第 38 頁 - ... and it appears that the holder thereof, when he became such holder, had no knowledge of such defects, such instrument shall be held to be legal and valid, if it shall appear that the holder thereof paid double duty, as in this section mentioned, so soon as he acquired such knowledge, even although such knowledge shall have been O ' ~ Stamps on Notes and Bills 42 Vicr.
第 158 頁 - In case of the death of a sole plaintiff, or sole surviving plaintiff, the legal representative of such plaintiff may> by leave of the Court or a Judge, enter a suggestion of the death, and that he is such legal representative, and the action shall thereupon proceed...
第 407 頁 - ... or things herein contained, and also of any additions, alterations, or amendments, which shall or may hereafter arise between the trustees, officers, or other members of this society ; and the decision of the directors, if satisfactory, shall be conclusive; but if not satisfactory, reference shall be made to arbitration, pursuant to the 10 Geo.