The Manitoba Reports, Volume 10Law Society of Manitoba., 1896 Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
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action affidavit agent agreement alleged amount appears application appointed ARGUED assessment authority BAIN Bank Banque d'Hochelaga bill by-law charge chattel cheque cited claim Company contract costs council County Court Court of Equity covenant creditors damages debt declaration decree deed default defendant defendant's demurrer DUBUC entitled equity evidence execution farm filed fraudulent ground Hamilton held husband Huson indorsed intended interest interpleader issue James Mulligan Judgment jurisdiction jury KILLAM land liable lien Loan Manitoba ment mortgage municipality notice Ontario opinion paid parties payable payment person petitioners plaintiff plea pleaded Portage la Prairie possession proceedings promissory note provisions purchaser question railway receipt received recover replevin Returning Officer says Sheriff Statement statute sufficient suit taxes TAYLOR tiff tion trial trust ultra vires verdict warrant wheat wife William Goggin Winnipeg writ
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Halaman 541 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;" that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs •which produces the injury, then the injury has resulted through accidental means.
Halaman 323 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty 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...
Halaman 330 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Halaman 306 - Provided that no conviction shall be set aside nor any new trial directed, although it appears that some evidence was improperly admitted or rejected, or that something not according to law was done at the trial or some misdirection given, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage was thereby occasioned on the trial...
Halaman 115 - When Parliament, acting for the public interest, authorizes the construction and maintenance of a railway, both as a highway for the public and as a road on which the company may themselves become carriers of passengers and goods, it confers powers and imposes duties and responsibilities of the largest and most important kind, and it confers and imposes them upon the company which Parliament has before it, and upon no other body of persons. These powers must be executed and these duties discharged...
Halaman 542 - ... to quit the ship and take to the sea in an open boat, he remained exposed to wet and cold for some time and death ensued therefrom, the death might properly be held to be the result of accident.
Halaman 194 - Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note.
Halaman 187 - ... from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Halaman 323 - ... years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Halaman 262 - Among them is the rule that that sense of the words is to be adopted which best harmonizes with the context, and promotes in the fullest manner the policy and objects of the Legislature.