Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Volume 29
New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, William Pugsley, James Hannay, Arthur I. Trueman, Esq George W. Allen, William Henry Harrison, John L. Carleton (barrister-at-law), George Wheelock Burbidge, Douglas King Hazen, Ernest Doiron
Carswell, 1892 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
affidavit agent alleged Allen Alonzo Smith amendment answer appears application arrest attorney authority Baird Belyea bill bridge Canada Temperance Act candidate cause of action Chapman choses in action claim Consol construction contributory negligence corporation costs counsel County Court Judge damages debtor declaration defendant defendant's demurrer dismissed duty election engine entitled Equity evidence fact femes covert fences filed Fraser given ground highways husband injury judgment jurisdiction jury Justice King learned Judge liable matter McKean Moncton N. B. Rep negligence nomination nonsuit notice of action Nova Scotia objection opinion paid Palmer party person petition plaintiff plank plea proceedings prosecution Queen's County question railway reason recover respondent returning officer Saint John says scow shew sidewalk solicitor Stat statute Statute of Distributions street suit tion trial trover Tuck ultra vires valuator verdict votes Wetmore wife witness words writ
Page 649 - On the other hand, if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be. In other words, if there be admissible in any statute what is called an equitable construction, certainly such a construction is not admissible in a taxing statute, where you can simply adhere to the words of the statute.
Page 131 - Sums, and all the Costs and Charges of the said Distress [and of the Commitment and conveying of the said AB to the said Gaol] amounting to the further Sum of shall be sooner paid unto you the said Keeper ; and for your so doing this shall be your sufficient Warrant.
Page 634 - As a general rule, in order to found a suit in England, for a wrong alleged to have been committed abroad, two conditions must be fulfilled. First, the wrong must be of such a character that it would have been actionable if committed in England. . . . Secondly, the act must not have been justifiable by the law of the place where it was done.
Page 87 - A married woman shall, in accordance with the provisions of this Act, be capable of acquiring, holding, and disposing by will or otherwise, of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.
Page 573 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 212 - ... that all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part.] 3.
Page 21 - I have humbly to move your lordships for a rule to show cause why there should not be a new trial, on the ground of misdirection by the learned judge, and also upon the ground that the verdict was against the evidence.
Page 407 - This was an appeal from a judgment of the Judge of the County Court of the City and County of Saint John.
Page 439 - ... that he has good reason to believe, and does believe, that the answer of the garnishee is incorrect, stating in what particular he believes the same is incorrect.
Page 649 - ... as I understand the principle of all fiscal legislation, it is this: If the person sought to be taxed comes within the letter of the law he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand, if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be.