Reports of Cases Decided in the Court of Appeal, Volume 16Rowsell & Hutchison, 1890 - Law reports, digests, etc |
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Common terms and phrases
action agree agreement allowed amount appeal applied arbitration assessment assignment attornment authority bank benefit BURTON J.A. by-law cheque claim clause construction contract conveyance corporation costs council County Court HAGARTY debt debtor decision declared deed defendant dismissed distrain Divisional Court effect engine entitled equity evidence execution creditors firm HAGARTY C.J.O. held insolvent intended jurisdiction jury Justice land landlord learned Judge lease Legislature liable lien lots MACLENNAN ment metes and bounds Michipicoten River mortgage mortgagor Municipal Act municipality negligence notice Ontario opinion OSLER J.A. Judgment owner paid parties partners partnership passed payment person petition plaintiff present quashed Queen's Bench Division question R. S. O. ch referred rent repair res judicata road shareholder shares sheriff shew Statement stations statute street subscription taxes tenant tion Toronto township trial trust ultra vires void winding-up writ
Popular passages
Page 320 - ... it shall be lawful for the said lessor at any time thereafter into and upon the said demised premises or any part thereof in the name of the whole to re-enter and the same to have again re-possess and enjoy as of his or their former estate anything hereinafter contained to the contrary notwithstanding.
Page 470 - That at the determination of the period limited by this Act to any person for making an entry or distress, or bringing any writ of quare impedit or other action or suit, the right and title of such person to the land, rent, or advowson for the recovery whereof such entry, distress, action, or suit respectively might have been made or brought within such period, shall be extinguished.
Page 492 - The subscribers of the memorandum of association of any company under this Act shall be deemed to have agreed to become members of the company whose memorandum they have subscribed, and upon the registration of the company shall be entered as members on the register of members hereinafter mentioned ; and every other person who has agreed to become a member of a company under this Act, and whose name is entered on the register of members, shall be deemed to be a member of the company.
Page 471 - ... person through whom he claims, to make an entry or distress or to bring an action to recover such land or rent, shall be deemed to have first accrued at the determination of the first of such years, or other periods, or at the last time when any rent payable in respect of such tenancy shall have been received (which shall last happen).
Page 420 - Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.
Page 274 - But, if a voluntary settlement or deed of gift be impeached by subsequent creditors, whose debts had not been contracted at the date of the settlement, then it is necessary to show either that the settlor made the settlement with express intent to delay, hinder or defraud creditors...
Page 520 - ... 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...
Page 314 - Section 44 of the Bankruptcy Act, 1914, is in the following terms: "44. — (1) Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money...
Page 370 - In case a by-law, order, or resolution is illegal, in •whole or in part, and in case anything has been done under it which, by reason of such illegality, gives any person a right of action, no such action shall be brought until one month has elapsed after the by-law, order or resolution...
Page 257 - ... rent from year to year, and an estate in equity under the agreement. There is only one court, and the equity rules prevail in it. The tenant holds under an agreement for a lease. He holds, therefore, under the same terms in equity as if the lease had been granted, it being a case in which both parties admit that relief is capable of being given by specific performance.