The Canada Law Journal, Volume 9W.C. Chewett & Company, 1873 - Law |
From inside the book
Results 1-5 of 36
Page 50
... plea . Affidavits allowed to be read , though not filed when summons taken out ; leave having been in fact given by the judge , but no notice thereof given to the opposite party . [ Chambers , 1872.-Mr. Dalton . ] Action against ...
... plea . Affidavits allowed to be read , though not filed when summons taken out ; leave having been in fact given by the judge , but no notice thereof given to the opposite party . [ Chambers , 1872.-Mr. Dalton . ] Action against ...
Page 56
... plea was title in himself . This he claimed under the will of Philip Chep- pard , who , by a will dated 29 Nov. 1859 , devised to him all the farm lot that the testator then owned and occupied containing about 400 acres with the ...
... plea was title in himself . This he claimed under the will of Philip Chep- pard , who , by a will dated 29 Nov. 1859 , devised to him all the farm lot that the testator then owned and occupied containing about 400 acres with the ...
Page 64
... plea ) that he seized the cattle as for a distress damage feasant . To this the plaintiff replied ( second replication ) to the second plea that before the time when the said cattle were so as aforesaid in the close of the de- fendant ...
... plea ) that he seized the cattle as for a distress damage feasant . To this the plaintiff replied ( second replication ) to the second plea that before the time when the said cattle were so as aforesaid in the close of the de- fendant ...
Page 97
... Plea of set - off of a judgment obtained by defendant against plaintiff . Replication that said first judgment was for costs , and that plaintiff's attorney had a lien for his costs upon the amount payable under said judgment , where ...
... Plea of set - off of a judgment obtained by defendant against plaintiff . Replication that said first judgment was for costs , and that plaintiff's attorney had a lien for his costs upon the amount payable under said judgment , where ...
Page 101
... plea - Set - off of unliquidated damages - General issue COURT OF APPEAL IN CHANCERY : Gaunt v . Fynney-- Nuisance -- Noise -- Vibration -- Light -- Delay -Damages .. COURT OF PROBATE : Morrit v . Douglas- Testamentary Suit - Execution ...
... plea - Set - off of unliquidated damages - General issue COURT OF APPEAL IN CHANCERY : Gaunt v . Fynney-- Nuisance -- Noise -- Vibration -- Light -- Delay -Damages .. COURT OF PROBATE : Morrit v . Douglas- Testamentary Suit - Execution ...
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Common terms and phrases
action agent allowed amend amount appeal application appointed assessment attorney authority bank Bench bill called Canada carried cause Chancery charge Chief claim clerk Common Law condition considered contract costs County course Court damages decision defendant doubt effect England English entitled Equity evidence examination fact give given granted ground held interest issue John judge judgment jury Justice land learned leave liable Lord matter means ment necessary notice object obtained Ontario opinion paid party pass payment person plaintiff plea Pleading possession practice present proceedings proper Province purchase question railway reason received referred REPORTS respect rule Society statute suit taken tion trial witnesses
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.