Decisions of the Supreme Court of Nova Scotia, Volume 3; Volume 9Carswell Company, Limited, 1883 - Law reports, digests, etc |
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Common terms and phrases
acres action affidavit agreement alleged amount appears applied arbitrator Archibald argument assignment attorney authority award bond cargo cause chap charge charter party cited City of Halifax claim common law consideration contended contract costs counsel count Court of Equity creditors damages debt declaration deed defendant defendant's delivered the judgment demurrer discharged entered entitled equity evidence execution fact given grant ground Halifax Hamilton grant held insolvent insured intention interest jury Justice land learned Judge lease liable Lord matter Matthew Taylor McLean ment mortgage nonsuit notice of abandonment Nova Scotia opinion owner paid parties payment person pipe plaintiff plea pleaded possession premises proceedings promissory note proved purchase Queen's Counsel question received recover referred replevin Revised Statutes rule nisi says sold Statute of Frauds sureties taken tenant total loss trespass trial usury verdict vessel witness writ
Popular passages
Page 521 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 130 - ... on the trial of any of the offences in this section mentioned it shall not be necessary to prove an intent on the part of the defendant to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged, with an intent to defraud.
Page 498 - In the view I take of this case it is not necessary to express a final opinion on the point, or upon claimants' contention that actual delivery took place in the Port of London Authority's warehouse.
Page 355 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 62 - ... the jury found a verdict for the plaintiff for the full amount of his claim.
Page 547 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other...
Page 223 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.
Page 288 - ... shall be deemed invalid to support an action, suit or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.
Page 97 - Causes of action, of whatever kind, provided they be by and against the same parties and in the same rights, may be joined in the same suit ; but this shall not extend to replevin or ejectment...
Page 138 - ... within the jurisdiction of the court from which it issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail.