Western Law Reporter (Canada) and Index-digest, Volume 17Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams Carswell., 1911 |
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Results 6-10 of 99
Page 35
... shew that it was bad ; but , the other grounds having been raised before me , and there being no decision in our Courts on the questions raised , I con- sidered it my duty at least to state my view of the law and to make the law in ...
... shew that it was bad ; but , the other grounds having been raised before me , and there being no decision in our Courts on the questions raised , I con- sidered it my duty at least to state my view of the law and to make the law in ...
Page 62
... shew that the Referee had acted upon a wrong principle , or upon a wrong ground , in refusing the order , and no special reason had been shewn by the plaintiff why the case should be tried by a jury , the Referee's decision should not ...
... shew that the Referee had acted upon a wrong principle , or upon a wrong ground , in refusing the order , and no special reason had been shewn by the plaintiff why the case should be tried by a jury , the Referee's decision should not ...
Page 66
... shew that it has been improperly exercised , and I refuse to interfere with it --appeal dismissed with costs . " It is argued for the plain- tiff that the Judge upon the appeal should have exercised his own discretion as to whether ...
... shew that it has been improperly exercised , and I refuse to interfere with it --appeal dismissed with costs . " It is argued for the plain- tiff that the Judge upon the appeal should have exercised his own discretion as to whether ...
Page 68
... shew that there is some ground for the making of the order . In Griffiths v . Winnipeg Electric R. W. Co. , 5 W. L. R. 149 , 371 , 16 Man . L. R. 512 , the plaintiff satisfied this onus , and the Judge made the order for a jury . On ...
... shew that there is some ground for the making of the order . In Griffiths v . Winnipeg Electric R. W. Co. , 5 W. L. R. 149 , 371 , 16 Man . L. R. 512 , the plaintiff satisfied this onus , and the Judge made the order for a jury . On ...
Page 69
... shew that the Referee acted upon a wrong principle , or upon a wrong ground , in refusing the order . No special reason was shewn by the plaintiff why the case should be tried by a jury . It is an action charging negligence in the ...
... shew that the Referee acted upon a wrong principle , or upon a wrong ground , in refusing the order . No special reason was shewn by the plaintiff why the case should be tried by a jury . It is an action charging negligence in the ...
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Common terms and phrases
action affidavit agent agreed agreement Alberta alleged amended amount application assignment authorised bank Billericay Rural District BRITISH COLUMBIA Canadian Northern Railway charge circumstances contract corporation costs council counsel Court of Appeal creditors damages debtor declaration defendant defendant's dismissed dogs entitled evidence execution fact favour fendant ferry follows given ground held husband injury interest issue judgment jury Justice land liable lien Liquor License Act MACDONALD magistrate Manitoba matter ment Moose Jaw mortgage Municipal negligence North Vancouver notice Ontario opinion option by-law owner paid parties payment person petition Placer Mining plaintiff Portage la Prairie possession provisions purchaser question railway reason referred registered Rule Rupert's Land Sask Saskatchewan says shew shewn solicitor statement of claim statute street sub-sec Supreme Court tiff tion trial Judge trust vendor vote Winding-up Winnipeg writ
Popular passages
Page 600 - shew that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose.
Page 568 - causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring as against the latter a different state of things as existing at the same time. In order to found an estoppel, a representation must
Page 570 - as against the latter a different state of things as existing at the same time." Probably the latest word on the same subject is- contained in vol. 13 of Halsbury's Laws of England, published within the last few
Page 600 - are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose.
Page 606 - evidence of negligence, but where the thing is shewn to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 182 - 8 Anne ch. 14 applies. It was argued on behalf of the respondent, the execution creditor, that, because that Act uses the words, " pay to the landlord of said premises all such sum or sums of money as are or shall be due for rent for the said premises.
Page 618 - if it appears to the tribunal having cognizance of the question that the voting was conducted substantially in accordance with the requirements of this Act and such particular Act, and that such non-compliance, mistake, or irregularity did not affect the result
Page 269 - lies where the complainant or defendant desires to question a conviction or order, by a magistrate under the Summary Convictions Part of the Code, on the ground " that it is erroneous in point of law or is in excess of jurisdiction :'
Page 145 - In the case of a current account, such as a banking account, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place and are carried into the account. Presumably, it is the sum first paid in that is first drawn
Page 31 - the council shall, by by-law, fix a time and place for the appointment of persons to attend at the various polling places and at the final summing up of the votes by the clerk respectively, on behalf of the persons interested in the by-law and promoting or opposing the passage thereof respectively.