Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Հատոր 21Carswell, 1882 |
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action affidavit aforesaid agreement alleged ALLEN amount annuity appeal application assignment authority bank bill of sale building Canada Temperance Act cargo cause certiorari charge Charles Merritt charter charter-party Chief Justice clause contract conviction costs counsel count County Court creditors Crookshank damages debts deceased declaration deed defendant defendant's delivered DeVeber directed DUFF duty entitled Equity estoppel evidence execution executors fact Ferguson Fredericton give given Grand Southern Railway granted habeas corpus held indictment insolvents issue judgment jury land learned Judge liable matter Merritt Moncton negligence nonsuit offence opinion Otty paid PALMER party passengers payment person plaintiff plea prisoner proceedings proved question reason referred residuary estate rule Saint John says shew signature signed stamps statute sufficient term testator THEAL thereof tion train trial trustees ultra vires verdict vessel WELDON Westmorland WETMORE wife witnesses words writ
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Էջ 364 - ... gradually to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock, but not for the purpose of continuing the business, for which such corporations have been or may be established.
Էջ 618 - 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 care and caution, that but for such negligence or want of ordinary and common care and caution on his part, the misfortune would not have happened.
Էջ 95 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but...
Էջ 71 - Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator and in the presence of each other.
Էջ 52 - And the rule of law may be that in all cases where a man is in possession of fixed property he must take care that his property is so used and managed that other persons are not injured, and that, whether his property be managed by his own immediate servants or by contractors or their servants.
Էջ 581 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Էջ 12 - By means whereof, and by force of the statute in such case made and provided, an action hath accrued to the...
Էջ 245 - In actions of libel and slander the plaintiff shall be at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander ; and where the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient.
Էջ 230 - ... we have given, granted, and confirmed, and by these presents for us, our heirs and successors, do give, grant, and confirm unto the said governor and company and their successors...
Էջ 261 - That the writ of habeas corpus may not be denied, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, though it be by the command of the king, the privy council, or any other, he praying the same.