Reports of Cases: Determined in the Supreme Court of New Brunswick, Band 2Carswell, 1882 |
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Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
Act of Assembly action affidavit agreement alleged amount appears application arbitrators assumpsit Attorney authority award bail BALLOCH Berton bill Bing bond BOTSFORD bound Burr CARTER Chamcook grant CHIPMAN Chit cited claim common law considered contract conveyance costs count Court Crown damages debt declaration deed Defendant Defendant's demurrer discharged doe d Dowl East entitled evidence execution executor facias fieri facias full age ground held Hilary Term infant issue judgment jury Kerr land locus in quo LORD lots ment Miramichi Nisi Prius non-suit Nova Scotia opinion PARKER party payment person Plaintiff plea pleaded possession present proceedings proved Province Pugs question record recover Regina replevin rule nisi Salk scire facias seisin set-off sheriff showed cause Solicitor Stat Stev Stockton's Bert sufficient Taunt tenant in common Term timber tion tract trespass trial verdict void voidable William Wilmot Wilson writ
Beliebte Passagen
Seite 85 - That no action shall be maintained 'whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age...
Seite 453 - Act have been adverse to the right or title of the person claiming to be entitled thereto, then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress, or bring an action to recover such land or interest at any time within five years next after the passing of this Act.
Seite 633 - ... by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Seite 379 - A rule to show cause why a new trial should not be granted, was allowed; and the following reasons were assigned for setting aside the verdict.
Seite 227 - Serjt., on this day moved for a rule nisi to set aside the verdict and enter a nonsuit, adding that the plaintiff had his remedy against the owners of the Margaret.
Seite 339 - ... there is in every case, not merely in those arising on a plea of infancy, a preliminary question which is one of law, viz. whether there is any evidence on which the jury could properly find the question for the party on whom the onus of proof lies. If there is not, the judge ought to withdraw the question from the jury and direct a nonsuit if the onus is on the plaintiff, or direct a verdict for the plaintiff if the onus is on the defendant.
Seite 568 - It may be laid down for a rule, that, whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it, for such a determinate time, such words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years as effectually as if the most proper and pertinent words had been made use of for that purpose...
Seite 377 - And it is further ordered, that in case any person shall be dissatisfied with the refusal of the examiners to grant such certificate, he shall be at liberty to apply for admission by petition in writing to the judges, to be delivered to the clerk of the Lord Chief Justice of the Court of Queen's Bench, upon which no fee or gratuity shall be received ; which application shall be heard in Serjeants' Inn Hall by not less than three of the judges.
Seite 230 - As a license to go beyond the seas, to hunt in a man's park, to come into his house, are only actions which, without license, had been unlawful. But a license to hunt in a man's park and carry away the deer killed to his own use; to cut down a tree in a man's ground, and to carry it away the next day after to his own use —are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Seite 302 - Name, and the Court where the Action is brought, may by Rule or Rules of the same Court, give such Relief to the Plaintiff and Defendant in the Original Action, and to the Bail .upon the said Bond, or other Security taken from such Bail, as is agreeable to Justice and Reason, and that such Rule or Rules of the said Court shall have the Nature and Effect of a Defeazance to such Bail-Bond, or other Security for Bail.