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 100
Page 9
... party as a judgment debtor . In May , 1889 , the appellant recovered a judgment in a County Court , and in December ... parties failed to appear , and an application was made to commit them or to enforce their appearance . This was ...
... party as a judgment debtor . In May , 1889 , the appellant recovered a judgment in a County Court , and in December ... parties failed to appear , and an application was made to commit them or to enforce their appearance . This was ...
Page 11
... party entitled to enforce the judgment . If the statute has barred the right to enforce , the order asked for was properly refused . The only question , therefore , is whether the " present right 1900. to receive " the sum secured by ...
... party entitled to enforce the judgment . If the statute has barred the right to enforce , the order asked for was properly refused . The only question , therefore , is whether the " present right 1900. to receive " the sum secured by ...
Page 12
... party to an- other gives a new right to receive the money . statute . A judgment creditor was authorized by section 193 to obtain a transcript of his judgment and to file the same in this Court or in another County Court , whereupon it ...
... party to an- other gives a new right to receive the money . statute . A judgment creditor was authorized by section 193 to obtain a transcript of his judgment and to file the same in this Court or in another County Court , whereupon it ...
Page 17
... parties together , and in whose presence the bargain was made , corroborates the de- fendant's statement , the weight ... party , upon that belief , enters into the 1900 . contract with him , the man thus conducting VOL . 13 . 17 KNOX V ...
... parties together , and in whose presence the bargain was made , corroborates the de- fendant's statement , the weight ... party , upon that belief , enters into the 1900 . contract with him , the man thus conducting VOL . 13 . 17 KNOX V ...
Page 18
... party's terms . " As no time was specified for the payment of the $ 130 , under the special agreement , they would not become pay- able until the plaintiff had performed the work which was the consideration for the payment . Having left ...
... party's terms . " As no time was specified for the payment of the $ 130 , under the special agreement , they would not become pay- able until the plaintiff had performed the work which was the consideration for the payment . Having left ...
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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...