The British Columbia Reports: Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Principal Matters Reported Under the Authority of the Law Society of British Columbia, Volume 33Law Society of British Columbia, 1924 - Law reports, digests, etc |
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accused action agent agreement Aikman alleged APPEAL 1923 Dec APPEAL 1923 Nov APPEAL 1923 Oct APPEAL 1924 Jan appeal was argued application Argument authority Bank of Montreal bill of lading boom of logs British Columbia Burdick Brothers Canada cash against documents charge contract conviction costs COURT OF APPEAL Criminal Crown damages deceased decision defendant Company defendant's deportation deviation dismiss the appeal domicil entitled evidence executor facts GALLIHER habeas corpus held J.A. COURT J.A. dissenting JJ.A judgment jury land learned judge LEE CHEONG lex domicilii liable lien lienholders Lord lumber MACDONALD marriage MARTIN MCPHILLIPS and EBERTS ment mineral claims mortgage opinion paid parties payable payment person plaintiff polygamy proceedings Province purchase question reason registered shew solicitor Solicitor for appellant Solicitor for respondent Statement statute succession duty Succession Duty Act tion trade-mark tranship Vancouver wife words
Popular passages
Page 380 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 111 - I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.
Page 280 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 574 - Where she is, at the time, unconscious of the nature of the act, and this is known to the accused.
Page 116 - This Court does not profess to decide upon the rights of succession or legitimacy which it might be proper to accord to the issue of the polygamous unions, nor upon the rights or obligations in relation to third persons which people living under the sanction of such unions may have created for themselves.
Page 280 - Where a note payable on demand is negotiated, it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue.
Page 206 - The nature of the corroboration will necessarily vary according to the particular circumstances of the offence charged. It would be in high degree dangerous to attempt to formulate the kind of evidence which would be regarded as corroboration, except to say that corroborative evidence is evidence which shows or tends to show that the story of the accomplice that the accused committed the crime is true, not merely that the crime has been committed, but that it was committed by the accused.
Page 138 - This cannot be put upon any rational ground, except our holding the infidel marriage to be something different from the Christian, and our also holding Christian marriage to be the same everywhere. Therefore all that the courts of one country have to determine is, whether or not the thing called marriage, that known relation of persons, that relation which those courts are acquainted with, and know how to deal with, has been validly contracted in the other country where the parties professed to bind...
Page 404 - I take it to be a well-established principle of this court that persons standing in a confidential relation towards others cannot entitle themselves to hold benefits which those others may have conferred upon them, unless they can show to the satisfaction of the court that the persons by whom the benefits have been conferred had competent and independent advice in conferring them.
Page 438 - There is no fixed rule of law defining the degree of misconduct which will justify dismissal.