Cases Argued and Determined in the Supreme Court of Nova Scotia, Τόμος 2Nova Scotia. Supreme Court, James Thomson, Alexander James (Reporter), Fitzgerald Cochran, Henry Oldright (Reporter), John Morris Geldert (Reporter), James Macdonald Oxley (Reporter), Benjamin Russell, Samuel Ainsley Chesley, Frank W. Russell (Reporter), William Bernard Wallace, LaMert S. Whinyard Carswell Company, Limited, 1853 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action admission adverse possession affidavits appears applied attorney Barbadoes bill BLISS cargo cause circumstances cited City of Halifax claim commenced common law complainants contended conveyance conveyed costs counsel Court Court of Equity creditors Crown Daniel Kinsman debt debtor decided deed defendant defendant's discharged dower ejectment entitled equity estoppel evidence execution executors Ezekiel Kinsman fact father fence fraud grant ground Halifax HALLIBURTON held insured intention Johnston judgment jurisdiction jurors Jury Justice land learned Judge lessor loading Lord Mabou ment minerals mortgage Nathaniel Kinsman nonsuit NOVA SCOTIA objection opinion owner paid parties payment person plaintiff plea Port Hood possession principle proceedings proved Province purchase question recover replevin Rule absolute rule nisi says sheriff shew ship Songster statute statute of frauds Strait of Canso subsequent sufficient taken term testator tion trespass trial trover trust verdict vessel voyage widow witness words writ
Δημοφιλή αποσπάσματα
Σελίδα 235 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Σελίδα 287 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Σελίδα 289 - What shall be admitted and what rejected, at what times, and under what restrictions, must, in case of dispute, be decided in the first instance by their own provincial judicature, subject to the revision and control of the king in council...
Σελίδα 185 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Σελίδα 235 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Σελίδα 16 - ... shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Σελίδα 256 - ... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied...
Σελίδα 45 - ... we are of opinion that the rule for a new trial must be made absolute — not, indeed, on the ground of misdirection, for we are unable to find any misdirection, the learned judge having in effect left the question of damages to the jury, with a due caution as to the limit of compensation, though we think it might have been more explicit as to the elements of damage.
Σελίδα 153 - ... immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.
Σελίδα 169 - Recompence to be made to the Owners and others interested as aforesaid in the said Ground for their respective Interests, as they shall think reasonable, not exceeding Forty Years...