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, Douglas King Hazen, Ernest Doiron Carswell, 1864 - Law reports, digests, etc |
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Page 3
... jury to whom these points were submitted , after a trial of unexampled length in this Province , and after a very large mass of evidence on both sides , both oral and written , have come to the unanimous conclusion that the alleged sale ...
... jury to whom these points were submitted , after a trial of unexampled length in this Province , and after a very large mass of evidence on both sides , both oral and written , have come to the unanimous conclusion that the alleged sale ...
Page 5
... jury in that case with which no fault was found : that if there was no real payment , and the whole transaction was colourable , the defendant was entitled to a verdict . Lord Denman , C. J. , observed that " the jury " were given to ...
... jury in that case with which no fault was found : that if there was no real payment , and the whole transaction was colourable , the defendant was entitled to a verdict . Lord Denman , C. J. , observed that " the jury " were given to ...
Page 6
... jury that the circumstance of Hall , the execution debtor , selling the hay in order to prevent its being taken in execution on the expected judgments , would not avoid the sale even if the purchaser was aware of the circumstances ...
... jury that the circumstance of Hall , the execution debtor , selling the hay in order to prevent its being taken in execution on the expected judgments , would not avoid the sale even if the purchaser was aware of the circumstances ...
Page 11
... jury give to their testimony . If , for instance , in this case , the testimony of the plaintiff and Black has been so contradicted on material points , as to satisfy us that it was fairly open to the jury to believe their evidence or ...
... jury give to their testimony . If , for instance , in this case , the testimony of the plaintiff and Black has been so contradicted on material points , as to satisfy us that it was fairly open to the jury to believe their evidence or ...
Page 12
... jury upon the reality of the sale made with the knowledge of such facts . If he denies such knowledge , and is contradicted on this point , it is unreason- able to suppose that such contradiction , if believed by the jury , will not ...
... jury upon the reality of the sale made with the knowledge of such facts . If he denies such knowledge , and is contradicted on this point , it is unreason- able to suppose that such contradiction , if believed by the jury , will not ...
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Common terms and phrases
action admission affidavit agreement alleged amount appeared application assignment assumpsit attorney averred bail Balloch bill Black bond bound CARTER certiorari charge claim contended contract costs counsel count Court covenant creditor damages David Cole debt debtor declaration deed defendant defendant's delivered the judgment distress Easter term entered entitled evidence execution Gilbert 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 non est factum nonsuit notice paid PARKER party payment person Peters plaintiff plea possession proceedings promissory note proved question recover refused rent replevin RITCHIE Rule discharged rule nisi S. R. Thomson Shediac Sheriff Sheriff's deed shewed cause shewn sold sufficient taken TARRATT tenant term last timber tion trespass trial usury verdict Vict vult Wilmot writ
Popular passages
Page 496 - ... 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 496 - ... 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 656 - ... and have the same endorsed on the policy or otherwise acknowledged in writing, the policy should cease and be of no further effect...
Page 496 - ... appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said...
Page 226 - 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 172 - ... 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 562 - 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 411 - 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 179 - 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 497 - 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.