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 |
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Page 12
... alleged trespass was committed , the plaintiff put in evidence a grant , in which the land is described as follows : " Beginning at a fir tree standing on the north - easterly side of the road from St. Andrews to St. John , in the south ...
... alleged trespass was committed , the plaintiff put in evidence a grant , in which the land is described as follows : " Beginning at a fir tree standing on the north - easterly side of the road from St. Andrews to St. John , in the south ...
Page 32
... alleged taking , he was master of a ship , and that the goods had been shipped on board at London by D. , on which occasion defendant , as master signed bills of lading to deliver the goods at St. John to the order of D. , and that no ...
... alleged taking , he was master of a ship , and that the goods had been shipped on board at London by D. , on which occasion defendant , as master signed bills of lading to deliver the goods at St. John to the order of D. , and that no ...
Page 33
... allegations in the replication . Fourth plea , Alleging the shipment of the goods at London by D. , to be carried to St. John , according to the terms of a bill of lading ( as in the 2nd plea ) ; that freight was due on the goods , and ...
... allegations in the replication . Fourth plea , Alleging the shipment of the goods at London by D. , to be carried to St. John , according to the terms of a bill of lading ( as in the 2nd plea ) ; that freight was due on the goods , and ...
Page 34
... alleged tak- ing , defendant was master of the ship " Choice , " and the goods had been shipped on board at London by Ducasse & Co. , on which occa- sion defendant as master signed bills of lading to deliver the goods at St. John , to ...
... alleged tak- ing , defendant was master of the ship " Choice , " and the goods had been shipped on board at London by Ducasse & Co. , on which occa- sion defendant as master signed bills of lading to deliver the goods at St. John , to ...
Page 38
... alleged ; or that bills of lading were signed by the defendant in the form mentioned . The replications confess that no indorsed bill of lading was produced ; but they do not sufficiently avoid the allegations in the plea . The ...
... alleged ; or that bills of lading were signed by the defendant in the form mentioned . The replications confess that no indorsed bill of lading was produced ; but they do not sufficiently avoid the allegations in the plea . The ...
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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...