Alberta Law Reports, Volume 3Burroughs, 1913 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agreement ALBERTA alleged amount appeal application assignment Auld authority Beck Calgary Canadian Canadian Pacific Railway canal cent certificate charge chattel mortgage company's condition consent costs council COURT EN BANC Cust damages Darrigan defendant company defendant's delivered dismissed District Dominion Lands Dominion Lands Act Edmonton entitled evidence fact Fort Saskatchewan garnishee given HARVEY held illegal intended interest Irrigation Act judgment L. J. Ch L. J. Ex learned Judge learned trial Judge lease Lethbridge liability lien Lord's Day Act lots ment Morinville North-West Territories North-West Territories Act notice opinion Ordinance owner paid parties payment person Pincher Creek plaintiff provisions public highways purchase purpose question RAILWAY reason Red Deer reference registered respect road allowances rule says SCOTT shew shewn solicitor statute Statute of Frauds Stuart Sugarman tiff tion township transfer vendor void vult Wetaskiwin words
Popular passages
Page 24 - ... misrepresents or omits to communicate any circumstance which is material to be made known to the company in order to enable it to judge of the risk it undertakes, such insurance shall be of no force in respect to the property in regard to which the misrepresentation or omission is made.
Page 367 - As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim, in favor of the reputed owner and against the contractor; no alteration of any such contract shall affect any lien acquired under the provisions of this chapter.
Page 494 - ... representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the court or a judge may, at any stage of the proceedings, order any of such persons to be made parties, either in addition to or in lieu of the previously existing parties.
Page 227 - That at the determination of the period limited by this Act to any person for making an entry or distress, or bringing any writ of quare impedit or other action or suit, the right and title of such person to the land, rent, or advowson for the recovery whereof such entry, distress, action, or suit respectively might have been made or brought within such period, shall be extinguished.
Page 150 - ... it must be either on the ground of fraud, or of a limitation of liability by contract, which limitation it is competent for a carrier to make, because being entitled by common law to insist on the full price being paid beforehand, he may, if such price be not paid, refuse to carry them upon the terms imposed by the common law, and insist upon his own, and if the proprietor of the goods still chooses that they should be carried, it must be on those terms.
Page 422 - When an action is brought by an individual for a personal wrong, the jury, in assessing the damages, can with little difficulty award him a solatium for his mental sufferings alone, with an indemnity for his pecuniary loss.
Page 22 - In my opinion it is the duty of a Court always to lean in favour of an insurable interest, if possible, for it seems to me that after underwriters have received the premium, the objection that there was no insurable interest is often, as nearly as possible, a technical objection, and one which has no real merit, certainly not as between the assured and the insurer.
Page 113 - I think the appeal should be allowed with costs and the judgment of the municipal Court restored.
Page 226 - December one thousand eight hundred and thirty-three, no person shall make an entry or distress or bring an action to recover any land or rent but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 227 - ... or other action or suit, the P- ^2*- right and title of such person to the land, rent, or advowson for the recovery whereof such entry, distress, action, or suit respectively might have been made or brought within such period, shall be extinguished.