Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Volume 9New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen Carswell, 1864 - Law reports, digests, etc |
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Results 1-5 of 74
Page 32
... action , that in an action for breach of covenant upon a nonfeasance , the nonfeasors are liable to the same damages as would be recoverable in an action for a malfeasance , is rather novel . No case has been cited to us where , in ...
... action , that in an action for breach of covenant upon a nonfeasance , the nonfeasors are liable to the same damages as would be recoverable in an action for a malfeasance , is rather novel . No case has been cited to us where , in ...
Page 33
... action , it must be by an action on the case , and not on the covenant . In such action , it might be open to the plaintiffs to allege and shew , that the pressure of water caused the injury from culpable negligence or unskilfulness on ...
... action , it must be by an action on the case , and not on the covenant . In such action , it might be open to the plaintiffs to allege and shew , that the pressure of water caused the injury from culpable negligence or unskilfulness on ...
Page 38
... action : on the other hand , it destroyed his right of action , because it admitted the payment of the money . It is not merely an estoppel - it is a release of the purchase money . Rosc . Ev . 39 , Rowntree v . Jacob ( b ) . [ PARKER ...
... action : on the other hand , it destroyed his right of action , because it admitted the payment of the money . It is not merely an estoppel - it is a release of the purchase money . Rosc . Ev . 39 , Rowntree v . Jacob ( b ) . [ PARKER ...
Page 40
... action , than the amendment of one already set out . On the other point , that of the verdict being contrary to evi- dence ; we think a new trial ought not to be granted . Put- ting it in the most favorable light for the plaintiff ...
... action , than the amendment of one already set out . On the other point , that of the verdict being contrary to evi- dence ; we think a new trial ought not to be granted . Put- ting it in the most favorable light for the plaintiff ...
Page 43
... action brought against him ( William Johnston ) in an action of debt on a bond , and that authority need not be under seal ; if William Johnston afterwards recognised and acted upon that authority and the judgment signed in pursu ance ...
... action brought against him ( William Johnston ) in an action of debt on a bond , and that authority need not be under seal ; if William Johnston afterwards recognised and acted upon that authority and the judgment signed in pursu ance ...
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Common terms and phrases
action admission affidavit agreement alleged Allen's Rules amount appeared application assignment assumpsit attorney averment bail bill bond bound breach CARTER certiorari charge claim contended contract costs counsel count Court covenant creditor damages debt debtor declaration deed defendant defendant's delivered the judgment DEMILL Easter term entered entitled evidence execution fraud given grant held Hilary term Humphrey Gilbert indorsed issue jury Justice Kerr land Lawton learned Judge lease lessor liable ment Michaelmas term mortgage Nisi Prius nonsuit notice paid PARKER party payment person plaintiff plea possession proceedings promissory note proof proved question recover refused rent replevin RITCHIE Rule discharged rule nisi S. R. Thomson Shediac Sheriff Sheriff's deed shewed cause shewn sold Stat statute sufficient suit taken term last thereof tiff timber tion trespass trial usury verdict Vict vult warrant Wilmot writ of error
Popular passages
Page 498 - ... allow the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to Her Majesty, her heirs and successors, in her or their Privy Council, in such manner and under such rules as are...
Page 498 - ... authority of Her Majesty, Her heirs and successors, upon the humble petition of any person or persons aggrieved by any Judgment or determination of the said Court, at any time to...
Page 658 - ... and have the same endorsed on the policy or otherwise acknowledged in writing, the policy should cease and be of no further effect...
Page 498 - ... appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said...
Page 228 - Plaintiff in Replevin, or other Tenant of the Lands and Tenements whereon such Distress was made, enjoyed the same under a Grant or Demise at such a certain Rent, during the Time wherein the Rent distrained for incurred, which Rent was then and still remains due...
Page 174 - ... to move to enter a nonsuit, if the court should be of opinion that the indorsement of the promissory note in pencil was not a good and valid indorsement.
Page 564 - London, and as soon as possible afterwards are to deliver in as particular an account of their loss or damage as the nature of the case will admit of...
Page 413 - A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question without such writing being shown to him, or being proved ; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
Page 181 - USE of all and every the daughter and daughters of the said (husband,) on the body of the said (wife,) his intended wife, lawfully to be begotten, if more than one, equally to be divided between them, share and share alike, as tenants in common and not as joint tenants...
Page 499 - Court shall also certify and transmit to Her Majesty, her heirs and successors, in her or their Privy Council, a copy of the reasons given by the judges of such Court, or by any of such judges for or against the judgment or determination appealed against.