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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Page 29
... present action is founded . The premises demised are partly corpo- WATER COMP'Y . real , viz . , a lot of land below the dam and adjoining thereto , described by metes and bounds , on which the lessees are empowered to erect buildings ...
... present action is founded . The premises demised are partly corpo- WATER COMP'Y . real , viz . , a lot of land below the dam and adjoining thereto , described by metes and bounds , on which the lessees are empowered to erect buildings ...
Page 39
... present case , injustice would have been done by allowing , rather than by refusing the proposed amendment , which ( c ) 36 Eng . R. 504 . ( f ) 20 Eng . R. 238 . ( a ) 3 Eng . R. 594 . ( d ) 1 Allen 81 . ( g ) 37 Eng . R. 558 . ( b ) ...
... present case , injustice would have been done by allowing , rather than by refusing the proposed amendment , which ( c ) 36 Eng . R. 504 . ( f ) 20 Eng . R. 238 . ( a ) 3 Eng . R. 594 . ( d ) 1 Allen 81 . ( g ) 37 Eng . R. 558 . ( b ) ...
Page 48
... present . Soon after the agree ment was made , the plaintiff applied to the defendant to attend , but he did not do so ; and after waiting several months , the plaintiff notified the arbitrators to attend , and bad for want of mutuality ...
... present . Soon after the agree ment was made , the plaintiff applied to the defendant to attend , but he did not do so ; and after waiting several months , the plaintiff notified the arbitrators to attend , and bad for want of mutuality ...
Page 49
... present at the time the plaintiff pointed out the line , and no notice of the meeting was given to him , the plaintiff having stated to the arbitrators that it was not necessary to notify him . The learned Judge told the jury that if ...
... present at the time the plaintiff pointed out the line , and no notice of the meeting was given to him , the plaintiff having stated to the arbitrators that it was not necessary to notify him . The learned Judge told the jury that if ...
Page 50
... present when the plaintiff pointed out the line , to see whether it was correct or not . An award made under such circum- stances cannot stand . Any improper conduct of either of the parties or the arbitrators will invalidate an award ...
... present when the plaintiff pointed out the line , to see whether it was correct or not . An award made under such circum- stances cannot stand . Any improper conduct of either of the parties or the arbitrators will invalidate an award ...
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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.