The Division Courts Act and Amendments Thereto: Comprising R.S.O. (1887), Cap. 51; 51 Vict., Cap. 10; 52 Vict., Cap. 12; and 55 Vict., Cap. 11; Together with the General Rules and Forms (1893). Fully Annotated, with Additional Forms of Proceedings Applicable to Division Courts. Founded on and Being a Complete Consolidation of the Works of J.S. Sinclair, Esq., on Division Court Law
Goodwin Law Book and Publishing Company, 1898
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action affidavit agent allowed amount appeal application appointed attachment attend authority bailiff Bank bond brought cause cause of action claim clerk contract copy costs County County Court creditor damages debt debtor decision defendant demand directed Division Court duty effect entered entitled evidence examination execution fact fees garnishee give given granted ground hands held interest issued Jones Judge judgment jurisdiction jury justice liable limited matter means ment necessary notes to section notice objection obtained otherwise paid particular party payment person plaintiff possession primary proceed proceedings prohibition proper provisions question reasonable received recovered reference refused replevin Reports residence respect Rule seized seizure separate served sheriff Smith statute submitted sued sufficient suit summons sureties taken tender thereof tion trial unless warrant witness writ
Página 88 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in which it shall appear to the Court to be just or convenient that such order should be made...
Página 88 - ... court, such relief, redress, or remedy, or combination of remedies, either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counter-claim, equitable or legal (subject to the provision next hereinafter contained) in as full and ample a manner as might and ought to be done in the like case by the High Court of Justice.
Página 88 - ... asked, either before, or at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of...
Página 154 - ... be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the latter, and may issue execution upon such judgment without prejudice to his right to proceed with his action against the former 6.
Página 154 - ... subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Court by the sheriff, the taxation of costs, or otherwise, as the judge may think fit. And the defendant may be allowed to defend as to the residue of the plaintiff's claim.
Página 182 - If a debtor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it ; for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he is able, or by instalments, or in two years, or out of a particular fund, the creditor can claim nothing more than the promise gives him.
Página 41 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Página 109 - Under this Act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action.
Página 88 - Following: (1.) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right title, or claim whatsoever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which...
Página 241 - Cas. 191) has been followed by others, * * * which we think support the rule that when a statute confers an authority to do a judicial act in a certain case, it is imperative on those so authorized to exercise the authority when the case arises, and its exercise is duly applied for by a party interested and having the right to make the application.