The Manitoba Reports, Volume 11Law Society of Manitoba., 1897 Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
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Halaman 2
... action , the application of the defendant was in effect one for a new trial . But by section 224 of the Act in the Consolidat- ed Statutes , ( 241 in Act of 1887 ) , an application for a new trial or for a reversal of a judgment had to ...
... action , the application of the defendant was in effect one for a new trial . But by section 224 of the Act in the Consolidat- ed Statutes , ( 241 in Act of 1887 ) , an application for a new trial or for a reversal of a judgment had to ...
Halaman 3
... action came on for hear- Judgment . ing before Judge Ardagh on the 11th of July , and counsel BAIN , J. appeared for both parties . From the Judge's notes , I gather that the plaintiff's claim was proved by a witness , J. A. Grundy ...
... action came on for hear- Judgment . ing before Judge Ardagh on the 11th of July , and counsel BAIN , J. appeared for both parties . From the Judge's notes , I gather that the plaintiff's claim was proved by a witness , J. A. Grundy ...
Halaman 23
... action is on a promissory note . wife of W. F. Doll the payee . The defence is one of fraud in transactions between defendant and W. F. Doll and set- ting up want of consideration for the transfers . The whole question is one of fraud ...
... action is on a promissory note . wife of W. F. Doll the payee . The defence is one of fraud in transactions between defendant and W. F. Doll and set- ting up want of consideration for the transfers . The whole question is one of fraud ...
Halaman 27
... Action on the case for negligence , A. 6 , " it is said , " So an BAIN , J. action on the case lies upon the general custom of the realm against the master of the house if a fire be kindled there and consumes the house or goods of ...
... Action on the case for negligence , A. 6 , " it is said , " So an BAIN , J. action on the case lies upon the general custom of the realm against the master of the house if a fire be kindled there and consumes the house or goods of ...
Halaman 56
... action against a defendant living in Ontario , upon a mortgage of land in Manitoba , for sale , delivery of possession and relief under the covenant for payment , and the relief prayed was refused by Boyd , C. , who , while he held the ...
... action against a defendant living in Ontario , upon a mortgage of land in Manitoba , for sale , delivery of possession and relief under the covenant for payment , and the relief prayed was refused by Boyd , C. , who , while he held the ...
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action affidavit agreed agreement alleged allowed amended amount appeal application ARGUED Argument assignment authority BAIN Bank bill brought by-law cause charge claim Company considered contract conviction costs Council County Court creditor debt debtor DECIDED decision defendant directed dismissed district DUBUC effect election entered entitled evidence execution fact fire fraud further give given granted ground held intended interest issue Judge judgment jurisdiction jury Justice KILLAM land learned liability license limited matter meaning ment mortgage motion Municipal notice objection officer opinion original paid parties passed payment person petition plaintiff possession practice present proceedings proved purchase Queen's Bench question railway raised reason received recover referred refused rent rule says seems shares sheriff Statement statute sufficient taken TAYLOR tion trial Winnipeg writ
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Halaman 135 - The Court or a judge may at any stage of the proceedings order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action...
Halaman 534 - Release of the same, unless in the meantime some Part of the Principal Money, or some Interest thereon, shall have been paid, or some Acknowledgment of the Right thereto shall have been given in Writing signed by the Person by whom the same shall be payable, or his Agent, to the Person entitled thereto, or his Agent...
Halaman 534 - ... 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, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid...
Halaman 135 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a Judge...
Halaman 38 - A written contract not under seal is not the contract itself, but only evidence — the record of the contract. When the parties have recorded their contract, the rule is that they cannot alter or vary it by parol evidence. They put on paper what is to bind them, and so make the written document conclusive evidence between them. But it is always open to the parties to show whether or not the written document is the binding record of the contract
Halaman 577 - We think that so long as he has made no election, he retains the right to determine it either way, subject to this, that if in the interval, whilst he is deliberating, an innocent third party has acquired an interest in the property, or if in consequence of his delay the position even of the wrong-doer is affected, it will preclude him from exercising his right to rescind.
Halaman 163 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Halaman 417 - And here the fundamental and universal rule, which is as reasonable as it is necessary, is, that while the construction is to be just, seeking first of all for the legislative intent in order to give it fair effect, yet any ambiguity or doubt as to the extent of the power is to be determined in favor of the State or general public, and against the State's grantee.
Halaman 398 - No person shall be excused from answering any question upon the ground that the answer to such question may tend to criminate him, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any other person...
Halaman 317 - Take notice, that you are hereby required to produce and show to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum.