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 13New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, George Wheelock Burbidge, Arthur I. Trueman, George W. Allen, John L. Carleton, William Henry Harrison, Douglas King Hazen, Ernest Doiron Carswell, 1878 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 18
... Province to vest the property , whereas the 14th section says it shall all vest on publication of the notice . The notice was published on the 2nd December ; the execution did not issue until the following February . I contend that by ...
... Province to vest the property , whereas the 14th section says it shall all vest on publication of the notice . The notice was published on the 2nd December ; the execution did not issue until the following February . I contend that by ...
Page 20
... Province , where there was real estate , and for the sheriff of each County to take the estate , as well real as personal , into his possession , and cause the same to be appraised by two freeholders . The trustees when appointed were ...
... Province , where there was real estate , and for the sheriff of each County to take the estate , as well real as personal , into his possession , and cause the same to be appraised by two freeholders . The trustees when appointed were ...
Page 49
... Province . The affidavit of the lessor of the plaintiff states that on the 1st of April , 1870 , there was and still is due to him from Tilton , $ 1,200 and upwards , for arrears of rent up to 1st February , 1870. The affidavit of the ...
... Province . The affidavit of the lessor of the plaintiff states that on the 1st of April , 1870 , there was and still is due to him from Tilton , $ 1,200 and upwards , for arrears of rent up to 1st February , 1870. The affidavit of the ...
Page 52
... Province . It does not appear that the person in actual possession at the time the declaration was served , either went in or held under , the lessee . Though it has been held that a proviso in a lease for re - entry on non - payment of ...
... Province . It does not appear that the person in actual possession at the time the declaration was served , either went in or held under , the lessee . Though it has been held that a proviso in a lease for re - entry on non - payment of ...
Page 66
... province of the jury to weigh and decide on , it requires a very strong and exceptional case to justify our interference . In this case in view of the legal construction of the statute presented , whereby the verdict would necessarily ...
... province of the jury to weigh and decide on , it requires a very strong and exceptional case to justify our interference . In this case in view of the legal construction of the statute presented , whereby the verdict would necessarily ...
Other editions - View all
Common terms and phrases
A. L. Palmer action affidavit agreement Albert coal Albert Mining alleged ALLEN Amiraux amount Andrews and Quebec appeared application assignment attorney authority bill of lading Brookfield Brunswick and Canada Canada Railway Church Church of England claim Claveau contended contract County Court Court of Equity creditor damages debt debtor declaration deed defendant defendant's delivered the judgment discharged Dowling entitled Equity evidence execution fishery Fogg Fredericton grant ground held Hilary Term indorsed issued John jury Land Company laths learned Judge liable lien Michaelmas Term nonsuit notice officer owner party payment person plaintiff plea possession proceedings promissory note Province Quebec Railroad Company question Railway and Land Railway Company recover replevin RITCHIE rule nisi Saint Andrews says seized Shediac sheriff sheriff's deed ship sold statute tion transfer trespass trial verdict vessel Vict vult warrant Weldon William Walker writ
Popular passages
Page 182 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Page 60 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 227 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious, at the time of doing the act, that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 219 - America, pursuant to the directions of the act of Congress of the United States of America, entitled " An act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject...
Page 287 - Judgment, or at any Time afterwards, or over which such Person shall at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit...
Page 300 - ... shall have been delivered to him or left at his usual place of abode by the attorney or agent...
Page 352 - This was an action of trespass for breaking and entering the plaintiffs' close, and cutting and carrying away trees.
Page 69 - Michaelmas term last, obtained a rule nisi for a new trial, on the ground of misdirection, and that the verdict was against evidence.
Page 301 - Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors...
Page 287 - ... or over which such person shall at the time of entering up such judgment, or at any time afterwards, have any disposing power, which he might without the assent of any other person exercise for his own benefit...