Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Том 18Carswell Company, Limited, 1886 |
Другие издания - Просмотреть все
Часто встречающиеся слова и выражения
affidavit agent alleged amend amount appeal application appointed arbitrators argument assignment authority Bank of Liverpool Bank of Nova Barss bill of lading Canada Temperance Act cargo cause chapter choses in action cited City of Halifax claim Commissioner contract conviction costs County Court creditors debt decided decision deed defendant company defendant's delivered judgment entitled equitable estoppel evidence execution fact favor freight give given Governors ground held Hugh McKenzie insolvent judgment as follows jurisdiction jury Justice learned Judge leases legislature liable license Lord mandamus matter MCDONALD ment negligence notice of abandonment Nova Scotia opinion owner paid parties payment person plaintiff plea possession proceedings provisions question reason recover referred replevin RIGBY rule ship SMITH statute Statute of Frauds Stipendiary Magistrate suit testator THOMPSON tion total loss transfer trial trustee underwriters verdict vessel Visitor WEATHERBE words writ
Популярные отрывки
Стр. 76 - I take it, without citing cases, that it is now thoroughly well established that no action will lie for doing that which the Legislature has authorized, if it be done without negligence, although it does occasion damage to anyone ; but an action does lie for doing that which the Legislature has authorized, if it be done negligently.
Стр. 406 - The influence which will set aside a will, (says Mr. Justice WILLIAMS,) "must amount to force and coercion, destroying free agency"; it must not be the influence of affection or attachment ; it must not be the mere desire of gratifying the wishes of another, for that would be a very strong ground in support of a testamentary act; further, there must be proof that the act was obtained by this coercion ; by importunity which could not be resisted ; that it was done...
Стр. 45 - it is a general rule, that no court of limited jurisdiction can give itself jurisdiction by a wrong decision on a point collateral to the merits of the case upon which the limit to its jurisdiction depends; and however its decision may be final on all particulars, making up together that subject-matter which, if true, is within its jurisdiction, and however necessary in many cases it may be for it to make a preliminary inquiry, whether some collateral matter be or be not within...
Стр. 519 - ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Стр. 499 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Стр. 483 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Стр. 319 - I do not doubt at all that where the owners of an insured ship have claimed or been paid as for a total loss, the property in what remains of the ship, and all rights incident to the property, are transferred to the underwriters as from the time of the disaster in respect of which the total loss is claimed for and paid.
Стр. 407 - On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made.
Стр. 150 - Where, by the use of clear and unequivocal language capable of only one meaning anything is enacted by the Legislature, it must be enforced, even though it be absurd or mischievous.
Стр. 406 - To make a good will, a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment...