Cases Argued and Determined in the Supreme Court of Nova Scotia, Volume 1

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Page 265 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Page 103 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence, or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 174 - America to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 27 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 204 - Being firmly of opinion that the publication in question was a libel, his lordship was of opinion that the rule for a new trial should be made absolute. The rest of the Court fully concurred in this opinion, and the rule was made absolute.
Page 75 - Dobe, or to his assigns, he or they paying freight for the said goods, per hhd., with primage and average accustomed.
Page 58 - ... to bind the other two without their knowledge or consent, I was unable to get the book in which the original entries were made, or the plan to which the memo, refers, and could not therefore give an opinion if the case turned upon the sufficiency of the memo, signed by Nash and the plaintiff.
Page 38 - ... and it appears that the holder thereof, when he became such holder, had no knowledge of such defects, such instrument shall be held to be legal and valid, if it shall appear that the holder thereof paid double duty, as in this section mentioned, so soon as he acquired such knowledge, even although such knowledge shall have been O ' ~ Stamps on Notes and Bills 42 Vicr.
Page 158 - In case of the death of a sole plaintiff, or sole surviving plaintiff, the legal representative of such plaintiff may> by leave of the Court or a Judge, enter a suggestion of the death, and that he is such legal representative, and the action shall thereupon proceed...
Page 407 - ... or things herein contained, and also of any additions, alterations, or amendments, which shall or may hereafter arise between the trustees, officers, or other members of this society ; and the decision of the directors, if satisfactory, shall be conclusive; but if not satisfactory, reference shall be made to arbitration, pursuant to the 10 Geo.

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