Western Law Times, Volume 5Western law times publishing Company, 1895 - Law Vols. 2-6 bound with the Western law times reports. |
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action affidavit agreement alleged amount Appeal dismissed application appointment assignment attorney authority BAIN Bank Benchers bill Bros Canada caveat charge cheque Chief Justice claim claimant common law conspiracy contract conveyance counsel County Court Judge court of equity covenant debt declaration decree deed defendant defendant's demurrer dismissed with costs District Registrar DUBUC entitled equity evidence Ewart execution creditor filed Francis Godschall Johnson FULL COURT-KILLAM Held Howell husband injunction interest interpleader issue Journeymen Tailors judgment Judicature Act jurisdiction jury KILLAM land Law Journal liable Lord Manitoba ment mortgage municipality notice objection Ontario paid parties payment Perdue person petition petitioners Phippen plaintiff plea present proceedings promissory note purchase QUEEN'S BENCH question railway Real Property received recover referred sheriff solicitor statute Stewart Mulvey summons taxes TAYLOR tion trial trust verdict WESTERN LAW wife Winnipeg writ
Popular passages
Page 132 - In witness whereof the said parties hereto have hereunto set their hands and seals.
Page 131 - ... herein, and shall be binding upon said defendants, whose names are alleged to be unknown, from and after the service of such writ upon them respectively by the reading of the same to them or by the publication thereof by posting or printing, and after service of...
Page 135 - ... from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Page 129 - ... from combining and conspiring to quit, with or without notice, the service of said receivers, with the object and intent of crippling the property in their custody, or embarrassing the operation of said railroad...
Page 87 - In many cases an agreement to do a certain thing has been considered as the subject of an indictment for a conspiracy, though the same act, if done separately by each individual without any agreement among themselves, would not have been illegal. As in the case of journeymen conspiring to raise their wages ; each may insist on raising his wages if he can, but if several meet for the same purpose it is illegal, and the parties may be indicted for a conspiracy.
Page 106 - The recommendation of mystery and obscurity in treating of judicial jurisdiction is only fit for the Star Chamber, which was called "a court of criminal equity." [ 240 ] I consider that this Court has jurisdiction by injunction to protect property from an act threatened, which if completed would give a right of action. I. by no means say that in every such case an injunction may be demanded as of right, but if the party applying is free from blame and promptly applies for relief, and shows that by...
Page 82 - Equity, then, in its true and genuine meaning, is the soul and spirit of all law: positive law is construed, and rational law is made, by it. In this, equity is synonymous, to justice; in that, to the true sense and sound interpretation of the rule.
Page 85 - ... a conspiracy of any kind is illegal, although the matter about which they conspired might have been lawful for them, or any of them, to do, if they had not conspired to do it, as appears in the case of The Tubwomen v.
Page 92 - ... to exclude a person from business relations with others by persuasion, intimidation, and other acts, which tend to violence, and thereby cause him through fear of resulting injury to submit to dictation in the management of his affairs.
Page 42 - Director thereafter, unless he is a shareholder, owning stock absolutely in his own right...