Reports of Cases Argued and Determined in the Court of the Queen's Bench, Manitoba, Volume 31Law Society of Manitoba., 1922 - Law reports, digests, etc Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
Contents
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Common terms and phrases
accused action agreement alleged amend Appeal allowed application Arbitration Act authority award bank Birch River by-law caissons CAMERON Canada cause charge city of Winnipeg clause commission commissioner common law construction contract costs counsel County Court Court of Appeal Court of King's damages decision defendant defendant's dismissed Dominion duty entitled evidence fact fares given grain Greater Winnipeg Water ground held injury inquiry JJ.A Judgment jurisdiction jury King's Bench land learned trial Judge Legislature liability Lord's Day Act Manitoba Manitoba Act matters ment municipality negligence offence operation opinion order in council owner Oxton Parliament Parliament of Canada parties passengers payment PERDUE person plaintiff proceedings province provisions Public Utilities Act purchase question Railway Act Railway Company reason referred respect riparian special Act statement of claim statute street railway supra testator tion umpire valid Whitemouth River Winnipeg Water District words
Popular passages
Page 429 - is given exclusive power to make laws in relation to 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 these Courts. Under
Page 399 - joined, be struck out, and that the name of any party, whether plaintiff or defendant, who ought to have been joined, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the action, be added.
Page 96 - for any act done in pursuance, or execution or intended execution of any Act of Parliament or of any public duty or authority or in respect of any alleged neglect or default in the execution of any duty or authority
Page 422 - jurisdiction to make laws in relation to the administration of justice in the province, including the constitution, maintenance and organization of provincial Courts, both of civil and criminal jurisdiction, and including procedure in civil matters in those Courts. Under
Page 302 - good government of Canada in relation to all matters not coming within the classes of subjects assigned exclusively to the provinces, and for greater certainty, but without restricting the generality of the foregoing
Page 230 - has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect; and that so strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 434 - First, that there can be a domain in which provincial and Dominion legislation may overlap; in which case neither legislation will be ultra vires if the field is clear; and secondly, that if the field is not clear, and in such a domain the two legislations meet, then the Dominion legislation must prevail:
Page 489 - 19, r. 19 in part. 325 D. Every allegation of fact in any statement of claim or counterclaim if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the opposite party shall be taken to be admitted.
Page 488 - 19, r. 17. 325 C. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party he must not do so evasively but answer the point of substance. If an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.
Page 315 - good government of Canada, in relation to all matters not coming within the classes of subjects assigned exclusively to the Legislatures of the provinces. It