Reports of Cases Decided in the Court of Appeal, Volume 4Rowsell & Hutchison, 1880 - Law reports, digests, etc |
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Common terms and phrases
acres action alleged amendment amount appeal applied assignee authority Beav bill Burke BURTON Church Church of Scotland claim Common Law Common Pleas contract conveyance costs Court of Chancery Court of Equity creditors debt decision declaration decree deed defendant dismissed entitled equity of redemption evidence execution executor fact fee simple held Hughes Brothers Insolvent Act intended interest judgment jurisdiction Justice land learned Judge Legislature liability MacFarlane ment MORRISON mortgage notice objection opinion owner paid parties Patrick Doyle PATTERSON payment person Peterkin Philip plaintiff pleaded possession Present.-Moss proceedings promissory note proved provisions purchase money Queen's Bench question R. S. O. ch reason recover referred respondent road rule nisi Rykert shew shewn sold statute statutory conditions suit surety tenancy testator Thomas Nixon tion township of Eldon transaction trust verdict vote
Popular passages
Page 109 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 85 - It shall be lawful for the Queen, by and with the advice and consent of the Senate and House of Commons, to make laws for the peace, order, and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 309 - ... if the Government refrains from the absolute conversion of real property to the uses of the public, it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in effect, subject it to total destruction without making any compensation, because, in the narrowest sense of that word, it is not taken for the public use.
Page 320 - The true rule in my opinion is, that if there is any agreement between the principals with reference to the contract guaranteed, the surety ought to be consulted, and that if he has not consented to the alteration, although in cases where it is without inquiry evident that the alteration is unsubstantial, or that it cannot be otherwise than beneficial to the surety, the surety may not be discharged; yet, that if it is not selfevident that the alteration is unsubstantial, or one which cannot be prejudicial...
Page 242 - Probate may appoint an administrator of the personal estate of such deceased person: and the administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue...
Page 309 - ... taken for the public use. Such a construction would pervert the constitutional provision into a restriction upon the rights of the citizen, as those rights stood at the common law, instead of the government, and make it an authority for invasion of private right under the pretext of the public good, which had no warrant in the laws or practices of our ancestors.™...
Page 621 - when we find gross negligence made the criterion to determine the liability of a common carrier who has given the usual notice, it might perhaps have been reasonably expected that something like a definite meaning should have been given to the expression. It is believed, however, that in none of the numerous cases upon this subject is any such attempt made, and it may well be doubted whether between gross negligence and negligence merely any intelligible distinction exists.
Page 320 - ... evident that the alteration is unsubstantial, or that it cannot be otherwise than beneficial to the surety, the surety may not be discharged ; yet, that if it is not self-evident that the alteration is unsubstantial, or one which cannot be prejudicial to the surety, the court will not, in an action against the surety, go into an inquiry as to the effect of the alteration...
Page 303 - Both principle and authority seem to me to show that no case comes within the purview of the statute unless where some damage has been occasioned to the land itself, in respect of which, but for the statute, the complaining party might have maintained an action. The injury must be actual injury to the land itself, as by loosening the...
Page 179 - Court are subject to its jurisdiction ; and the performance of his duties may be compelled, and all remedies sought or demanded for enforcing any claim for a debt, privilege, mortgage, lien or right of property upon, in or to any effects or property in the hands, possession or custody of a liquidator, may be obtained by an order of the Court on summary petition, and not by any suit, attachment, seizure or other proceeding of any kind whatever...