The Canada Law Journal, Volume 9W.C. Chewett & Company, 1873 - Law |
From inside the book
Results 1-5 of 89
Page 6
... action of the court in the premises . There has always existed jealousy against the exercise of arbi- trary power by any tribunal supposed to be derived from common law sources , and not expressly granted by constitutions or the laws ...
... action of the court in the premises . There has always existed jealousy against the exercise of arbi- trary power by any tribunal supposed to be derived from common law sources , and not expressly granted by constitutions or the laws ...
Page 17
... action upon it , even if the parties expressly " It is true that in quasi - contracts ( which we still persist in calling by the cumbrous name of contracts implied in law ) the one party may be placed by acts of the other of which he is ...
... action upon it , even if the parties expressly " It is true that in quasi - contracts ( which we still persist in calling by the cumbrous name of contracts implied in law ) the one party may be placed by acts of the other of which he is ...
Page 18
... action , or join in any action for non - performance of covenants contained in it.¶ " Those parties only can sue or be sued upon an indenture who are named or described in it as parties . " The principle has been carried out ...
... action , or join in any action for non - performance of covenants contained in it.¶ " Those parties only can sue or be sued upon an indenture who are named or described in it as parties . " The principle has been carried out ...
Page 19
... action of the party bound by it , and the law will not enforce such limita- tions beyond what is required to carry on men's ordinary affairs : now , it cannot be said that for this purpose it is gener- ally necessary to give the parties ...
... action of the party bound by it , and the law will not enforce such limita- tions beyond what is required to carry on men's ordinary affairs : now , it cannot be said that for this purpose it is gener- ally necessary to give the parties ...
Page 20
... action conducted by some of their number , are nevertheless treated as parties to it , " all questions between partners are no more than illustrations of the same ques- tions as between principal and agent . " ‡ The legal aspect of the ...
... action conducted by some of their number , are nevertheless treated as parties to it , " all questions between partners are no more than illustrations of the same ques- tions as between principal and agent . " ‡ The legal aspect of the ...
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Common terms and phrases
action agent amend appeal application appointed Articled Clerks assessment assignment attorney authority bank bill Blackstone called Canada cause Cham CHARTER-PARTY Chief Justice clause Common Law condition contract Conveyancing costs counsel County Court Court of Chancery court of equity criminal damages decision defendant Dumpor's England ENGLISH LAW entitled Equity evidence examination executors fact garnishee give granted ground held issue judge judgment judicial jurisdiction jury land LAW SOCIETY lawyer lease Legal Maxims Legislature lessee liable Lord matter ment Mortgages negligence Neill notice Ontario opinion paid party pass passenger payment penal labour person plaintiff Pleading and Practice Pro Milone Province purchase Queen's Bench Queen's Counsel question railway reason received referred rule Smith statute testator tion Toronto trial trust UPPER CANADA Vict
Popular passages
Page 278 - And be it enacted, that if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels, whereof he was reputed owner...
Page 48 - On the other side up rose Belial, in act more graceful and humane; A fairer person lost not Heaven; he seemed For dignity composed and high exploit: But all was false and hollow ; though his tongue Dropt manna, and could make the worse appear The better reason, to perplex and dash Maturest counsels...
Page 79 - ... whether plaintiff or defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay...
Page 138 - Due care" however undoubtedly means, having reference to the nature of the contract to carry, a high degree of care, and casts on carriers the duty of exercising all vigilance to see that whatever is required for the safe conveyance of their passengers is in fit and proper order.
Page 79 - ... be noticed or referred to by the examiner in or upon the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement on the face of the depositions ; but he shall not have power to decide upon the materiality or relevancy of any question...
Page 79 - When the examination of any witness before any examiner shall have been concluded, the original depositions, authenticated by the signature of the examiner, shall be transmitted by him to the Central Office, and there filed.
Page 86 - English," says Styles, in his preface, " not that I believe they will be thereby more generally useful, for I have been always and yet am of opinion, that that part of the common law which is in English, hath only occasioned the making of unquiet spirits contentiously knowing, and more apt to offend others than to defend themselves; but I have done it in obedience to authority, and to stop the mouths of such of this English age, who, though they be...
Page 143 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 287 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 167 - In case any passenger on any railroad shall be injured while •on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.