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, Band 29New Brunswick. Supreme Court, Ward Chipman, 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, George W. Allen, John L. Carleton, William Henry Harrison, George Wheelock Burbidge, Douglas King Hazen, Ernest Doiron Carswell, 1892 |
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affidavit agent alleged Allen Alonzo Smith amendment appears application 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 Council County Court Judge damages debtor declaration defendant defendant's demurrer duty election entitled Equity evidence fact femes covert fences filed FRASER Fredericton given ground HALIFAX BANKING highway husband injury judgment jurisdiction jury Justice King learned Judge liable McKean MONCTON Municipality N. B. Rep N. B. Reports negligence nomination nonsuit notice of action objection opinion paid PALITY Palmer party person petition plaintiff plank plea proceedings Queen's County question railway reason recover returning officer Saint John says scow shew sidewalk solicitor Stat Statute of Distributions street suit tion trial trover Tuck ultra vires valuator verdict votes WETMORE wife witness words
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Seite 609 - 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.
Seite 113 - 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.
Seite 594 - 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.
Seite 79 - 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.
Seite 541 - ... 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...
Seite 192 - ... 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.
Seite 13 - 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.
Seite 377 - This was an appeal from a judgment of the Judge of the County Court of the City and County of Saint John.
Seite 409 - ... 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.
Seite 609 - ... 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.