The Ontario Weekly Reporter and Index-digest, Volume 4Carswell, 1904 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
A. J. Russell action affidavit agreement alleged allowed amount ANGLIN Appeal by defendants Appeal by plaintiff application arbitrators Attorney-General award BRITTON by-law cause CHAMBERS charge churchwardens city of Toronto claim clause construction contended contract corporation council County Court Court MEREDITH Court Moss creditors damages deceased declaration defendant's dismissed with costs DIVISIONAL COURT duty entitled evidence execution executors fact FALCONBRIDGE fee simple fendants garnishee GARROW Grand Trunk R. W. interest issue JJ.A John McCarthy judgment JULY jury land letter liability MACLAREN MACMAHON Master ment mortgage motion Municipal Municipal Corporations negligence NOVEMBER October Ontario opinion OSLER Ottawa paid parties payment persons petition petitioners plaintiff proceedings proper purchase question Ragged Rapids railway company reason recover referred Rule shew shewn solicitor statement of claim statute street TEETZEL testator tiff tion Toronto township trustees wife writ Yonge street
Popular passages
Page 353 - 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 132 - ... years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 103 - Embezzlement, larceny, receiving any money, valuable security, or other property, knowing the same to have been embezzled, stolen or fraudulently obtained.
Page 389 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy...
Page 293 - Save as in this rule otherwise provided, it shall not be competent for the plaintiff to withdraw the record or discontinue the action without leave of the court or a judge, but the court or a judge...
Page 389 - ... if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced "by courts of justice.
Page 483 - In order to constitute a valid dedication to the public of a highway by the owner of the soil, it is clearly settled that there mnst be an intention to dedicate — there must be an animus dedicandi, of which the user by the public is evidence, and no more ; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 415 - That an act done for another, by a person not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well-established rule of law.
Page 114 - The question, therefore, is this, whether if a person charged with a crime is found in this country, it is the duty of the court to take care that such a party shall be amenable to justice, or whether we are to consider the circumstances under which she was brought here. I thought, and still continue to think, that we cannot inquire into them.
Page 15 - Held, that there was no contract, and that even if there had been and although the woman had wholly performed her part by serving till the intestate's death without wages, yet her service was not unequivocally and in its own nature referable to any contract, and was not such a part performance as to take the case out of the operation of the Statute of Frauds, s. 4 ; and that she could not maintain an action against the heir for a declaration that she was entitled to a life estate in the land.