The Canadian Law Times, Volume 20Carswell, 1901 - Canada From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
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Page 71
... trial ; that the objection , if it were tenable at all , should have been taken by motion to strike the claim upon the promisssory note out of the statement of claim ; but such a motion could not have succeeded , for at the time of the ...
... trial ; that the objection , if it were tenable at all , should have been taken by motion to strike the claim upon the promisssory note out of the statement of claim ; but such a motion could not have succeeded , for at the time of the ...
Page 155
... trial . The practice of deciding an action on a point of law raised by the pleadings before trial has , however , not yet met with very much encouragement from the Bench . In Graham v . Temperance , etc. , Co. ( r ) Mr. Justice Street ...
... trial . The practice of deciding an action on a point of law raised by the pleadings before trial has , however , not yet met with very much encouragement from the Bench . In Graham v . Temperance , etc. , Co. ( r ) Mr. Justice Street ...
Page 205
... trial Judge , Drake , refused the injunction craved , and dismissed the appellants ' action with costs - holding it a case of damnum sine injuria . On appeal , the full Court of British Columbia affirmed the judgment of the trial Judge ...
... trial Judge , Drake , refused the injunction craved , and dismissed the appellants ' action with costs - holding it a case of damnum sine injuria . On appeal , the full Court of British Columbia affirmed the judgment of the trial Judge ...
Page 261
... trial that there has been a change of view upon the part of the defendant's representative ) ; if this scheme fails ... trial the effect of which is to force the applicant's counsel to coach his opponent on both the law and the facts ...
... trial that there has been a change of view upon the part of the defendant's representative ) ; if this scheme fails ... trial the effect of which is to force the applicant's counsel to coach his opponent on both the law and the facts ...
Page 266
... trial was what a national inquest should be . The spectators of that trial could not but contrast its conduct with the course of several trials in which his eloquent predecessor , Sir Alexander Cockburn , presided . The contrast was not ...
... trial was what a national inquest should be . The spectators of that trial could not but contrast its conduct with the course of several trials in which his eloquent predecessor , Sir Alexander Cockburn , presided . The contrast was not ...
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Common terms and phrases
action affidavit affirmed agreement alleged amendment amount application appointed assessment authority Bank British Columbia by-law Canadian Pacific R. W. cause certiorari common law contract conviction corporation costs counterclaim County Court Court of Appeal Court of Canada Court of Chancery creditor damages debt debtor defendant defendant's dismissed Divisional Court easement entitled evidence execution executors fact fendant followed garnishee Grand Trunk R. W. granted Held High Court husband indorsed interpleader issue Judge judgment jurisdiction jury Justice land lease liable Manitoba matter ment Montreal mortgage mortgagor motion Municipal negligence notice Nova Scotia offence Ontario owner paid parties payment person plaintiff pleading proceedings Province purchase Quebec question railway company reason recover referred Regina respondent Rule security for costs shew solicitor statement of claim statute Supreme Court taxes tion Township trial trustees wife writ writ of summons
Popular passages
Page 203 - 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.
Page 63 - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly; so that your thinking, or what you call knowing, a cause to be bad must be from reasoning, must be from your supposing your arguments to be weak and inconclusive.
Page 239 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 194 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Page 4 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 63 - ... supposing your arguments to be weak and inconclusive. But, sir, that is not enough. An argument which does not convince yourself may convince the judge to whom you urge it; and if it does convince him, why then, sir, you are wrong and he is right.
Page 363 - The principle seems to us to be that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance.
Page 102 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.
Page 205 - That in every case of any clerk in holy orders of the United Church of England and Ireland, who may be charged with any offence against the laws ecclesiastical, or concerning whom there may exist scandal or evil report as having offended against the said laws, it shall be lawful...
Page 159 - Territories or to sell or dispose of the same with intent to defraud his creditors generally or the plaintiff in particular...