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." |
From inside the book
Results 1-5 of 100
Page 7
... enact- ments literally from the Revised Statutes of Ontario 1887 , cap . 44 , section 29 . I find however that the first enactment on the sub- ject appears in the statutes of Upper Canada , 7 Wm . IV . cap . 2 , section 3 , in these ...
... enact- ments literally from the Revised Statutes of Ontario 1887 , cap . 44 , section 29 . I find however that the first enactment on the sub- ject appears in the statutes of Upper Canada , 7 Wm . IV . cap . 2 , section 3 , in these ...
Page 8
... enactment by a Provincial Legislature since 1867 in contravention of this would be ultra vires . Before discussing the question of contravention , it is necessary to say that the right of a wife to sue for , and the jurisdiction of the ...
... enactment by a Provincial Legislature since 1867 in contravention of this would be ultra vires . Before discussing the question of contravention , it is necessary to say that the right of a wife to sue for , and the jurisdiction of the ...
Page 9
... enactment of Upper Canada , however , before Confederation creating in , and conferring upon , a wife a new or independent Right to alimony would be intra vires and good Law in the Province of Ontario to - day . But such an enactment by ...
... enactment of Upper Canada , however , before Confederation creating in , and conferring upon , a wife a new or independent Right to alimony would be intra vires and good Law in the Province of Ontario to - day . But such an enactment by ...
Page 10
... enact- ment was passed . By this enactment no such Right is created or established or even declared ; and the Juris- diction which it confers , though valid in all the Pro- vinces , is entirely abortive for want of a Right to which it ...
... enact- ment was passed . By this enactment no such Right is created or established or even declared ; and the Juris- diction which it confers , though valid in all the Pro- vinces , is entirely abortive for want of a Right to which it ...
Page 11
... enactment has ever been made either in Ontario or any of the Western Provinces . The first enactment in Upper Canada only con- ferred on the Court of Chancery the powers and juris- diction of the Ecclesiastical Courts in England . Those ...
... enactment has ever been made either in Ontario or any of the Western Provinces . The first enactment in Upper Canada only con- ferred on the Court of Chancery the powers and juris- diction of the Ecclesiastical Courts in England . Those ...
Contents
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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.