Reports of Cases Decided in the Court of Appeal, Τόμος 14Rowsell & Hutchison, 1888 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action affidavit agree agreement alleged appeal application arbitrators Aumond authority award bank Beaty bill BURTON by-law Canada Southern Railway cause Chief Justice cited claim compensation construction contract costs County Court Court of Equity covenant creditors debentures debt decision deed defendant's defendants discharge dismissed Divisional Court easement effect entitled estoppel evidence execution executors fact fence give Gore District grant ground guardian HAGARTY held indorsement injury intended interpleader issue judgment jurisdiction jury land learned Judge lease liability Lord lot 9 McMurray ment mortgage municipality Niagara Falls nominal damages notice objection opinion OSLER owner paid parties passed PATTERSON payment person plaintiff possession premises proceedings provisions Queen's Bench Division question railway reason recover referred road shew shewn statement of claim station statute taken tenant tion trial trust verdict Vict words XIV A.R.
Δημοφιλή αποσπάσματα
Σελίδα 628 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Σελίδα 294 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Σελίδα 274 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Σελίδα 490 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Σελίδα 214 - But what the master is, in my opinion, bound to his servant to do in the event of his not personally superintending and directing the work, is to select proper and competent persons to do so, and to furnish them with adequate materials and resources for the work.
Σελίδα 265 - A scintilla of evidence, or a mere surmise that there may have been negligence on the part of the defendants, clearly would not justify the judge in leaving the case to the jury : there must be evidence upon which they might reasonably and properly conclude that there was negligence.
Σελίδα 324 - The husband, wife, parent, child, guardian, or employer of a person who has or may hereafter have the habit of drinking spirituous or intoxicating liquor to excess, may give notice in writing, signed by him or her, to any person, requesting him not to sell or deliver such liquor to the person having such habit.
Σελίδα 383 - ALL AND SINGULAR that certain parcel or tract of land and premises situate...
Σελίδα 323 - ... penal provisions, like all others, are to be fairly construed according to the legislative intent as expressed in the enactment...
Σελίδα 661 - It is well established by the decided cases that where the same person possesses a house having the actual use and enjoyment of certain lights, and also possesses the adjoining land, and sells the house to another person, although the lights be new, he cannot, nor can any one who claims under him, build upon the adjoining land so as to obstruct or interrupt the enjoyment of those lights.