Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia: Including Also the General Rules of Court, and Reports of Several Miscellaneous Cases in the Superior Courts ... Vol. I, Commencing Michaelmas Term, 1853, and Ending Easter Term, 1855, Inclusive |
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Common terms and phrases
action admission adverse possession affidavits appears applied attorney Barbadoes bill BLISS cargo cause circumstances cited claim commenced common law complainants contended conveyance conveyed costs counsel Court Court of Equity creditors Crown Daniel Kinsman debt decided deed defendant defendant's discharged dower ejectment entitled equity estoppel evidence execution executors Ezekiel Kinsman fact father fence fraud give 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 November 28 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
Popular passages
Page 237 - ... 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...
Page 300 - But this must be understood with very many and very great restrictions. '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.
Page 237 - 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...
Page 300 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue, (such especially as are enforced by penalties,) the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Page 289 - 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.
Page 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...
Page 155 - ... 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.
Page 299 - Then upon the best consideration I have been able to give to the question I am of opinion that neither the statute 33 Hen.
Page 258 - ... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied...
Page 314 - As if a man takes a lease for years of his own land by deed indented, the estoppel doth not continue after the term ended. For, by the making of the lease, the estoppel doth grow, and consequently by the end of the lease the estoppel determines.