The Canadian Law Times, Volume 40Carswell, 1920 - Law From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
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Results 1-5 of 73
Page 73
... counsel contended that , that Court had no jurisdiction to hear an appeal . The Summary Convictions Act , 1915 , enacting that the decision of the Supreme Court should be " final and conclusive " - This objection was over - ruled and ...
... counsel contended that , that Court had no jurisdiction to hear an appeal . The Summary Convictions Act , 1915 , enacting that the decision of the Supreme Court should be " final and conclusive " - This objection was over - ruled and ...
Page 83
... counsel , and his name should be dropped out of any firm with which before his appoint- ment he was associated . This will accord him the best part of the Lord's Prayer " Lead us not into temptation . " A Notable Lawyer Passes . The ...
... counsel , and his name should be dropped out of any firm with which before his appoint- ment he was associated . This will accord him the best part of the Lord's Prayer " Lead us not into temptation . " A Notable Lawyer Passes . The ...
Page 91
... - This Article , originally written for Harvard Law Review , is with its concurrence ap- pearing simultaneously in the CANADIAN LAW TIMES . THE FIRST AND FUTILE ATTEMPT TO CREATE A KING'S COUNSEL 1920 ] 91 ANSON ON CONTRACT .
... - This Article , originally written for Harvard Law Review , is with its concurrence ap- pearing simultaneously in the CANADIAN LAW TIMES . THE FIRST AND FUTILE ATTEMPT TO CREATE A KING'S COUNSEL 1920 ] 91 ANSON ON CONTRACT .
Page 92
... counsel -Serjeants at Law , King's Counsel and ordinary Bar- risters . The first - the " Order of the Coif " -go very far back in the history of the English law , their origin being quite obscure , but it could not have been many years ...
... counsel -Serjeants at Law , King's Counsel and ordinary Bar- risters . The first - the " Order of the Coif " -go very far back in the history of the English law , their origin being quite obscure , but it could not have been many years ...
Page 93
The first King's ( Queen's ) Counsel ' at the English Bar was the celebrated Sir Francis Bacon - he was appointed by Queen Elizabeth her Counsel Extraor- dinary . * In the 18th century as now the King's Counsel was well recognized : the ...
The first King's ( Queen's ) Counsel ' at the English Bar was the celebrated Sir Francis Bacon - he was appointed by Queen Elizabeth her Counsel Extraor- dinary . * In the 18th century as now the King's Counsel was well recognized : the ...
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Common terms and phrases
action Alimony apply appointed Attorney-General authority B. N. A. Act Bank Bar Association Barrister Bill British called Canadian Bar Association CANADIAN LAW Canon law cheque Chief Justice Church Civil claim client Code codification Colonial Committee Common Law Company Constitution contract counsel Court of Appeal creditors criminal Crown debt decision defendant Divorce Dominion duty Empire enactment English law existing fact Government habeas corpus held House of Lords Imperial interest issue Judge judgment judicial jurisdiction jurisprudence jury King's Bench land law of England Law Society lawyer legislation Legislature liability litigation Manitoba marriage matter ment Nations offence Ontario Parliament of Canada party passed person plaintiff present principles Privy Council promise Province Quebec question referred Roman Law rule Saskatchewan sion solicitor Sovereign statute Statute of Frauds Supreme Court Territorial tion Toronto trial ultra vires Upper Canada wife writ
Popular passages
Page 195 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 824 - It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor.
Page 887 - Judgment also will I lay to the line, and righteousness to the plummet: and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place.
Page 943 - If the advocate refuses to defend, from what he may think of the charge or of the defence, he assumes the character of the Judge ; nay he assumes it before the hour of judgment ; and in proportion to his rank and reputation, puts the heavy influence of, perhaps, a mistaken opinion into the scale against the accused, in whose favour the benevolent principle of English law makes all presumptions, and which commands the very Judge to be his counsel.
Page 826 - Lordships — which was unnecessary, but there are many whom it may be needful to remind — that an advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, THAT CLIENT AND NONE OTHER. To save that client by all expedient means— to protect that client at all hazards and costs to all others, and among others to himself — is the highest and most unquestioned of his duties...
Page 794 - His Majesty in Council has power during the continuance of the present war to issue regulations for securing the public safety and the defence of the realm...
Page 939 - In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all.
Page 889 - Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom...
Page 834 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 201 - But whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary or business purpose of his own, involving cither a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.