The Upper Canada Law Journal and Municipal and Local Courts' Gazette, Volumen8Maclear, 1862 |
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Términos y frases comunes
action affidavit alleged allowed amount appear apply appointed arbitrator assessed assignment attorney authority avowry award Bailiff bank bill bill of lading Brian Carpenter by-law certiorari Chancery charge claim clerk common law contract corporation costs council counsel County Court Court of Chancery covenant creditors damages debt debtor declaration deed defendant defendant's demurrer discharged Division Court duty entered entitled equity Esquire evidence execution fact fees filed garnishee ground held issue judge judgment judgment debtor jurisdiction jury Justice land Legislature liable Lord Lower Canada matter ment mortgage mortgagor municipality nonsuit Notary Public notice objection owner paid parties payment person plaintiff plea pleaded proceedings purchaser Quarter Sessions Queen's Bench question railway received recover referred respect roll rule sheriff Stat statute suit taxes thereof tion Toronto trial trustees Upper Canada verdict writ
Pasajes populares
Página 223 - ... garnishee) to the judgment debtor, shall be attached to answer the judgment debt; and by the same or any subsequent order, it may be ordered that the garnishee shall appear before the judge...
Página 299 - ... ship, the true nature and value of which have not at the time of shipment been declared by the owner or shipper thereof to the owner or master of the ship in the bills of lading or otherwise in writing, are lost or damaged by reason of any robbery, embezzlement, making away with, or secreting thereof.
Página 279 - That no person offered as a witness shall hereafter be excluded, by reason of incapacity from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding, civil or criminal, in any Court, or before any judge, jury, sheriff, coroner, magistrate, officer, or person having, by law or by consent of parties, authority to hear,...
Página 11 - Reynolds, by yourself or by your captains and commanders by you to be authorized full power and authority to levy, arm, muster, command and employ all persons whatsoever residing within our said...
Página 117 - ... whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the...
Página 253 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on behalf of his master, to protect him against the misconduct or negligence of others who serve him...
Página 64 - I am not aware of any case in which that question has been agitated; but it appears to me, on principle, to be but reasonable that, whenever it is of sufficient importance to the enemy, that such persons should be sent out on the public service, at the public expense, it should afford equal ground of forfeiture against the vessel, that may be let out for a purpose so intimately connected with the hostile operations.
Página 100 - If I sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainee or buyer ; but if he presently tender me my money, and 1 refuse it, he may take the horse, or have an action of detinue...
Página 147 - Further than this, we are of opinion that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things — not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency, so improbable that no reasonable man would suffer it to influence his conduct.
Página 299 - ... taken in or put on board his ship are lost or damaged by reason of fire on board the ship ; or (ii) where any gold, silver, diamonds, watches, jewels, or precious stones taken in or put on board...