Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Volume 10Carswell Company, Limited, 1876 - Law reports, digests, etc |
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action was brought adverse possession affidavits agent agreement Alexander McDonald alleged appears application argument attorney authority bill bill of lading Cape Porcupine cargo Cites City of Halifax claim contended contract costs counsel Court Court of Equity covenant Crown damages debentures debt deed defendant defendant's delivered the judgment discharge dredge entered entitled Equity Evans evidence fact favor fendant fraud freight George's Bay granted ground Halifax held insured interest issue Jennett jurors jury Justice land learned Judge license lien matter Mayor MCCULLY McDonald ment mortgage negligence notice Nova Scotia opinion paid party petition of right Pictou plaintiff plea pleaded possession proof proved purchase Queen question received recover referred replevin reply rule nisi says servant signed sold stamp statute Straits of Canso sufficient taken testator tiff tion trespass trial vessel warranty WILKINS witness words writ
Popular passages
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 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 334 - But be that as it may, gentlemen, he now comes before you perfectly satisfied that an English jury is the most refreshing prospect that the eye of accused innocence ever met in a human tribunal...
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 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 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 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 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 119 - Dig., 5549. Ejectment must now be brought within twenty years after the original right of entry of the plaintiff, (or of the party under whom he claims) accrued, whatever is the nature of defendants possession.