Reports of Cases Determined in the Supreme Court, Court of Chancery, and Vice Admiralty Court of Prince Edward Island: With a Table of the Names of the Cases Reported, a Table of the Names of the Cases Cited, and a Digest ... 1850 -- [Hilary Term, 1882] Inclusive, Volume 1; Volume 10J. Coombs, 1885 - Law reports, digests, etc |
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Reports of Cases Determined in the Supreme Court, Court of Chancery, and ... Francis Longworth Haszard No preview available - 2016 |
Common terms and phrases
absent debtor action affidavit alleged allowed amount appears application Archibald Ramsay ascertain assignment attachment Attorney authority boat bound Charles Palmer Charlottetown circumstances claim clause commissioners contended contract counsel Court Court of Equity creditors damages Daniel Green debt declaration deed defendant defendant's discharged Edward Palmer entitled equity erected evidence execution fact garnishee give granted ground held Hillsborough River Hugh Carr injury intended Island judge judgment jurors jury Justice laid land lessor liable locus in quo Lord metes and bounds mill necessary objection opinion owner Palmer party payment penning back person PETERS plaintiff possession present proceedings purchaser purpose quash question Ramsay recover respect riparian rule nisi sail says sheriff shews cause ship shore statute street sufficient suit taken tenancy tender testator trial trustee verdict vessel Vice Admiralty Court void vult wharf witness words
Popular passages
Page 61 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 159 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Page 11 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.
Page 36 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Page 497 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 338 - It is a modification of the ancient maxim, and amounts to this, that though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the Legislature. The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the Legislature has obviously used them, would comprehend.
Page 160 - Streams of water are intended for- the use and comfort of man, and it would be unreasonable and contrary to the universal sense of mankind to debar every riparian. proprietor from the application of the water to domestic, agricultural and manufacturing purposes, provided the use of it be made under the limitations which have been mentioned, and there will no doubt inevitably be, in the exercise of a perfect right to the use of the water, some evaporation and decrease of it, and some variations in...
Page 303 - Where by an Act passed in the first year of the reign of Her Majesty Queen Victoria, intituled, ' An Act for the Amendment of the Laws with respect to Wills...
Page 32 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Page 207 - Walker was an inhabitant of another government, so that the ordinary process of law could not be served upon him...