Cases Argued and Determined in the Supreme Court of Nova Scotia, Volume 1William MacNab, 1877 - Law reports, digests, etc |
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Cases Argued and Determined in the Supreme Court of Nova Scotia J. M. Geldert,Benjamin Russell No preview available - 2015 |
Common terms and phrases
advance adverse possession affidavits agent agreement Alexander McDonald alleged appears application argument attorney authority bill bill of lading Cape Porcupine cargo cause Cites claim Collie & Spencer common counts 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 recover referred replevin reply rule nisi says servant signed sold stamps statute Straits of Canso sufficient suit taken testator tiff tion trespass trial vessel warranty WILKINS witness writ
Popular passages
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 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 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 75 - Dobe, or to his assigns, he or they paying freight for the said goods, per hhd., with primage and average accustomed.
Page 433 - ... when the estate or interest claimed shall have been an estate or interest in reversion or remainder, or other future estate or interest, and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
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 38 - holder thereof (note or bill,) when he became holder, "had no knowledge that the proper duty had not " been paid by the proper party or at the proper time, "such instrument shall nevertheless 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 such holder acquired such knowledge.
Page 433 - ... in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death ; and when the person claiming such land or rent shall claim in respect of an estate or interest in possession...
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.