A Digest of the Reported Decisions in the Supreme Court of New Brunswick: From Hilary Term, 42 Victoria 1879 to Eastern Term, 49 Victoria 1886 : with Digest of Cases in Canada Supreme Court Decided on Appeal from Supreme Court of New Brunswick : with Rules of Court from 1881 to 1886, in Continuation of "Stevens' Digest" |
Contents
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Other editions - View all
A Digest of the Reported Decisions in the Supreme Court of New Brunswick ... James G. Stevens No preview available - 2017 |
A Digest of the Reported Decisions in the Supreme Court of New Brunswick ... James Gray Stevens No preview available - 2016 |
Common terms and phrases
accord and satisfaction action Addenda affidavit agent agreement alleged Allen amend amount application arbitration arrest Assessment assignee Assumpsit attorney bill of sale Brunswick Canada Temperance Act cause certiorari charged city of St claim contract conviction costs counsel county court judge Court of Canada creditor damages dant declaration deed defendant defendant's delivered dence dissenting dubitante Duff entered entitled equity evidence execution False Imprisonment filed Fisheries Fraser granted ground Held husband Insolvent issued John judgment jury justice King land liable license liquor logs lumber ment Moncton mortgage motion non-suit notice offence owner paid Palmer party payment person plaintiff plea pleaded possession prisoner proceedings promissory note Railway recover refused Replevin respondent sheriff shew Stat Statute Statute of Frauds Supreme Court testator tiff tion trespass trial Trover trustees ultra vires verdict vessel warrant Weldon Wetmore wife witness writ
Popular passages
Page 211 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Page 231 - Under these circumstances, it is certainly to be presumed, in the absence of anything to the contrary, that the terms were regularly called and held.
Page 260 - Held, that there was no evidence to justify the jury in finding that the vessel was a total loss. Owners of vessel gave notice to agent of underwriters that they would abandon, which agent refused to accept. Owners telegraphed to Captain that they had abandoned and for him to proceed under the best advice. Held, that this act of telegraphing to the Captain did not constitute a waiver of the notice of abandonment.
Page 72 - ... that such application will be made, stating the alteration intended to be made; and such application shall be made at the opening of the court on the first day of the term.
Page 242 - The award ought to be certain and so expressed that no reasonable doubt can arise on the face of it, as to the arbitrator's meaning, or as to the nature and extent of the duties imposed by it on the parties...
Page 12 - ... that at and until the ensealing of these presents, I am well seized of the premises, as a good indefeasible estate in fee simple, and have good right to bargain and sell the same in manner and form as is above written; and that the same is free from all incumbrances whatsoever.
Page 235 - Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator and in the presence of each other.
Page 204 - Judge, however, left the case to the jury, who found a verdict for the plaintiff, leave having been reserved to the defendants to move to enter a nonsuit.
Page 281 - Provided always, and it is hereby further agreed, that if the said assured shall have made any other assurance upon the premises aforesaid, prior in day of date to this policy, then the said Insurance Company shall be answerable only for so much as the amount of such prior assurance may be deficient towards fully covering the premises hereby assured...
Page 127 - ... shall be entitled to maintain any action at law or suit in equity on his policy...