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, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen Carswell, 1878 - Law reports, digests, etc |
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Page 19
... person indebted to or having the custody of any property of an absconding , concealed , or absent debtor , shall , after the first public notice as aforesaid , pay any debt or deliver any such property to any person but the trustees ...
... person indebted to or having the custody of any property of an absconding , concealed , or absent debtor , shall , after the first public notice as aforesaid , pay any debt or deliver any such property to any person but the trustees ...
Page 32
... person , who was real owner . Held , -per Weldon , J. , That the plea was good ; and that the plaintiff should have shown by replication his right to the goods , and that D. had no title to them , and was wrongfully in possession at the ...
... person , who was real owner . Held , -per Weldon , J. , That the plea was good ; and that the plaintiff should have shown by replication his right to the goods , and that D. had no title to them , and was wrongfully in possession at the ...
Page 37
... person entitled to the bills of lading , and which ought to be given only to him . He has a right to name the consignee to be mentioned in the bill of lading , as it is presumed that the goods have been shipped on account of the shipper ...
... person entitled to the bills of lading , and which ought to be given only to him . He has a right to name the consignee to be mentioned in the bill of lading , as it is presumed that the goods have been shipped on account of the shipper ...
Page 39
... person , and on that ground refuse delivery to the party originally holding them . And it is undoubtedly the general rule that the carrier cannot deny the title of the party from whom he has received the goods for transportation . In ...
... person , and on that ground refuse delivery to the party originally holding them . And it is undoubtedly the general rule that the carrier cannot deny the title of the party from whom he has received the goods for transportation . In ...
Page 40
... person from whom he received the goods , Watson , B. , said : " What answer would he have to an action of trover or ... persons . " The same principle is recognized in Ogle v . Atkinson ( 5 Taunt . 759 ) ; Wilson . Anderton ( 1 B. & Ad ...
... person from whom he received the goods , Watson , B. , said : " What answer would he have to an action of trover or ... persons . " The same principle is recognized in Ogle v . Atkinson ( 5 Taunt . 759 ) ; Wilson . Anderton ( 1 B. & Ad ...
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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...