Reports of cases argued and determined in the Supreme court of New Brunswick [1848-66], Volume 2 |
Common terms and phrases
act 13 Vict Act of Assembly action affidavit agreement Allen's Rules amount appeared application assignment ASSUMPSIT attorney award bail Berton bills bond CARTER certiorari claim coal contended contract conveyance costs count Court creditors Crown damages debt declaration deed defendant defendant's delivered the judgment discharged entered entitled entry estopped estoppel evidence execution fendant Fredericton give given grant ground Held Hilary term indorsed issue jury Justice Kerr Kingsclear land learned Judge lessor letters patent liable license logs ment Michaelmas term mill Nisi Prius nonsuit notice obtained a rule owner paid PARKER party payment person plaintiff plaintiff in error plea possession proceedings proved Province question recover refused replevin Richibucto rule nisi Saint John sheriff shewed cause shewn statute sufficient Taxis river tenant thereof tiff timber tion trespass trial Trinity term usury verdict vessel vult wharf WILMOT witness writ
Popular passages
Page 299 - The court said to the Jury that if the plaintiff was entitled to recover at all he was entitled "to such damages as you may find from a preponderance of the evidence will fairly compensate him for the loss he has suffered...
Page 220 - This evidence was objected to, on the part of the defendant, on the ground that the risk must depend upon the...
Page 133 - ... to all acts, matters, and things to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy.
Page 147 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 680 - ... from the concluding part of Lord Kenyon's judgment in Merryweather v. Nixan, and from reason, justice, and sound policy, the rule that wrong-doers cannot have redress or contribution against each other is confined to cases where the person seeking redress must be presumed to have known that he was doing an unlawful act.
Page 611 - CJ, now delivered the judgment of the Court. This was an action of assumpsit, brought by the plaintiff...
Page 179 - ... have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land or of the profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such lastmentioned person or persons, or any of them.
Page 381 - By his will he leaves his property to his wife for life, and after her death to members of the Eoyal family, to the exclusion of brothers and sisters.
Page 425 - That if any action or suit shall be brought against any person for any thing done in pursuance of this Act...
Page 143 - ... all suits brought in any court of judicature whatever, and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment...