The Manitoba Reports, Volume 13Law Society of Manitoba., 1902 - Law reports, digests, etc Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
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Results 1-5 of 100
Page 8
... give a new point of time for the running of the statute . Jay v . Johnstone , [ 1893 ] 1 Q. B. 25 , and MoKenzie v . Fletcher , ( 1897 ) 11 M. R. 544 , followed . ARGUED : 14th February , 1900 . 1900 . DECIDED 8 VOL . 13 . THE MANITOBA ...
... give a new point of time for the running of the statute . Jay v . Johnstone , [ 1893 ] 1 Q. B. 25 , and MoKenzie v . Fletcher , ( 1897 ) 11 M. R. 544 , followed . ARGUED : 14th February , 1900 . 1900 . DECIDED 8 VOL . 13 . THE MANITOBA ...
Page 28
... give any account of where she got the moneys which she claims to have paid . Considering the relation- ship between defendants , the presumption must be that the money was McLean's . Even if part of the money was furnished by McKenzie ...
... give any account of where she got the moneys which she claims to have paid . Considering the relation- ship between defendants , the presumption must be that the money was McLean's . Even if part of the money was furnished by McKenzie ...
Page 34
... give him the benefit of the exemption . I think the appeal should be dismissed with costs . Appeal dismissed with costs . MOIR V. PALMATIER . Before DUBUC , BAIN and RICHARDS . JJ . Specific performance - Vendor and purchaser - Landlord ...
... give him the benefit of the exemption . I think the appeal should be dismissed with costs . Appeal dismissed with costs . MOIR V. PALMATIER . Before DUBUC , BAIN and RICHARDS . JJ . Specific performance - Vendor and purchaser - Landlord ...
Page 61
... give the claimant notice that his claim is disputed , and that to avoid its being barred he must bring his action within six months , and secondly , to give the administrator the bene- fit of having the claim either quickly tested by ...
... give the claimant notice that his claim is disputed , and that to avoid its being barred he must bring his action within six months , and secondly , to give the administrator the bene- fit of having the claim either quickly tested by ...
Page 70
... give the accused notice that it is charged with having caused the death of the person named by its negligence ; and for the purpose of disposing of the de- murrer , I may treat the whole indictment as one for man- slaughter , the ...
... give the accused notice that it is charged with having caused the death of the person named by its negligence ; and for the purpose of disposing of the de- murrer , I may treat the whole indictment as one for man- slaughter , the ...
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Common terms and phrases
action affidavit agent agreement alleged amount appeal application ARGUED Argument assignment authority BAIN Bank Brown Canada Canada Temperance Act certificate charge Charlebois contract corporation corrupt practices costs County Court County Court judgments creditors Crown debt debtor defendant Dominion DUBUC effect enact entitled equity evidence execution facts fendant given held Hudson's Bay Hudson's Bay Company Inland Revenue intention Judge Judgment Judicial jurisdiction KILLAM KILLAM,C.J. land legislation liability license lien lienholder Liquor Act Manitoba Manitoba Act ment mortgage notice Ontario opinion Order-in-Council paid Parliament of Canada party payable payment person petitioners plaintiff Preston prohibit Province Provincial Legislature provisions purchase purpose Queen's Bench Act question Railway received recover registered returning officer Roderick McCuaig rule Rupert's Land sell sold solicitor statement of claim statute sub-section tion trade transaction trial trustee ultra vires voters Wiebe Winnipeg writ
Popular passages
Page 281 - 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 280 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, 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...
Page 289 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide ; (3) what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth ; (4) the true reason of the remedy.
Page 17 - ... contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other...
Page 289 - The true reason of the remedy; and then the office of all the Judges is always to make sure construction as shall suppress the mischief, and advance the remedy...
Page 187 - This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires.
Page 281 - Shop, saloon, tavern, auctioneer and other licenses in order to the raising of a revenue for provincial, local or municipal purposes ; 10.
Page 280 - 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.
Page 70 - Every one who has in his charge or under his control Duty of perany thing whatever, whether animate or inanimate, or who erects, makes or maintains anything whatever which, in the absence of precaution or care, may endanger human life, is under a legal duty to take reasonable precautions against, and use reasonable care to avoid, such danger, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform such duty.
Page 604 - When one party assumes to renounce the contract — that is, by anticipation refuses to perform it, he thereby, so far as he is concerned, declares his intention then and there to rescind the contract. Such...