Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Volume 49Carswell Company, Limited, 1916 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agreed agreement alleged amount application appointed assessment assessors assignment authority breach Brock Cantley cause charge Chisholm city of Halifax city of Sydney claim contract covenant creditors damages deed defendant company defendant's delivered dismissed with costs drain DRYSDALE estoppel evidence execution executor fact fence fraudulent garnishee governor-in-council Halifax held issue J. J. Power judgment jurisdiction jury Kaulbach land learned judge learned trial judge lease lien liquor logs LONGLEY mandamus McColl ment notice Nova Scotia offence opinion order-in-council paid parties payable person plaintiff Port Greville possession prerogative writ Privy Council province provision purchase question Railway reason recover referred replevin RITCHIE RUSSELL shares Side Sode slag Smith & Smith statement of claim statute Stellarton support of appeal tion town council town of Windsor trustees William Connors words writ
Popular passages
Page 453 - Such statement may be in the words of the enactment describing the offence or declaring the matter charged to be an indictable offence, or in any words sufficient to give the accused notice of the offence with which he is charged.
Page 265 - That would not have restrained the tenant from parting with a part of the premises, these covenants having been always construed by Courts of law with the utmost jealousy to prevent the restraint from going beyond the express stipulation.
Page 193 - ... he does not thereby interfere with the rights of other proprietors, either above or below him. Subject to this condition, he may dam up...
Page 165 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe 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."* In Freeman v.
Page 244 - Court, whether final or interlocutory, if, in the opinion of the Court, the question involved in the Appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to His Majesty in Council for decision.
Page 8 - Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery...
Page 177 - And as to my worldly estate and all the property real personal and mixed of which I shall die Seized and possessed or to which I shall be entitled at the time of my decease...
Page 206 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 144 - ... entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 58 - Now it appears to me that if a principal gives an order to an agent in such uncertain terms as to be susceptible of two different meanings, and the agent bona fide adopts one of them and acts upon it, it is not competent to the principal to repudiate the act as unauthorised because he meant the order to be read in the other sense of which it is equally capable.