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. |
From inside the book
Results 1-5 of 86
Page 17
... notes of the evidence show , is decidedly in favor of the defendant . A written judgment was not delivered in the case , but since the argument on the appeal , the learned County Court Judge has been kind enough to furnish me with a ...
... notes of the evidence show , is decidedly in favor of the defendant . A written judgment was not delivered in the case , but since the argument on the appeal , the learned County Court Judge has been kind enough to furnish me with a ...
Page 49
... note set up the general issue and that the plaintiff's claim was barred by the statute . The case was adjourned at defendant's re- quest , and defendant applied to amend by adding a de- fence of plaintiff's coverture . Plaintiff then ...
... note set up the general issue and that the plaintiff's claim was barred by the statute . The case was adjourned at defendant's re- quest , and defendant applied to amend by adding a de- fence of plaintiff's coverture . Plaintiff then ...
Page 55
... notes of evidence it is impossible to find a verdict for the plaintiff . is ample corroboration of the fact that the plaintiff ren- dered the service ; but this was done under circumstances which naturally called for it and which did ...
... notes of evidence it is impossible to find a verdict for the plaintiff . is ample corroboration of the fact that the plaintiff ren- dered the service ; but this was done under circumstances which naturally called for it and which did ...
Page 56
... note , the defendant , while pleading " never in- debted , " raised the special defence that the plaintiff's claim was barred by R. S. M. , c . 146 , s . 31 , as she had 1900 . not begun her action within six months after 56 VOL . 13 ...
... note , the defendant , while pleading " never in- debted , " raised the special defence that the plaintiff's claim was barred by R. S. M. , c . 146 , s . 31 , as she had 1900 . not begun her action within six months after 56 VOL . 13 ...
Page 59
... trial ; and if I had to decide the question on the evidence that is before us in the Judge's notes , I should say that it was not . It cannot 1900. however , be laid down as a rule of VOL . 13 . 59 DOIDGE V. MIMMS . Bing 393 Beav.
... trial ; and if I had to decide the question on the evidence that is before us in the Judge's notes , I should say that it was not . It cannot 1900. however , be laid down as a rule of VOL . 13 . 59 DOIDGE V. MIMMS . Bing 393 Beav.
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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...