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 4
... writ of execution against such de- fendant , and the present applicant disputed his right to do so and claimed priority under a writ of attachment from a County Court . The sheriff applied for an interpleader order , and upon his ...
... writ of execution against such de- fendant , and the present applicant disputed his right to do so and claimed priority under a writ of attachment from a County Court . The sheriff applied for an interpleader order , and upon his ...
Halaman 5
... writ of execution against such de- fendant , and the present applicant disputed his right to do so and claimed priority under a writ of attachment from a County Court . The sheriff applied for an interpleader order , and upon his ...
... writ of execution against such de- fendant , and the present applicant disputed his right to do so and claimed priority under a writ of attachment from a County Court . The sheriff applied for an interpleader order , and upon his ...
Halaman 21
... writ had been issued in this Statement . suit in the County Court and defendant had filed a dispute note , when plaintiff's solicitor applied under section 85 of The Queen's Bench Act , 1895 , for an order to transfer the action to the ...
... writ had been issued in this Statement . suit in the County Court and defendant had filed a dispute note , when plaintiff's solicitor applied under section 85 of The Queen's Bench Act , 1895 , for an order to transfer the action to the ...
Halaman 74
... writ of summons , but by a state- ment of claim ; consequently it cannot be said that a plain- tiff is continuing a suit if he is required to actually com- mence again , while section 86 of the Queen's Bench Act , 1895 , under which the ...
... writ of summons , but by a state- ment of claim ; consequently it cannot be said that a plain- tiff is continuing a suit if he is required to actually com- mence again , while section 86 of the Queen's Bench Act , 1895 , under which the ...
Halaman 89
... writ of mandamus to issue there must be a legal obligation to fulfil a duty , and no other rem- . edy : Tapping on Mandamus , 10,18,20 ; Short on Informations , 227 ; Queen v . Ponsford , 12 L.J.Q.B. 313. The Court will re- fuse a ...
... writ of mandamus to issue there must be a legal obligation to fulfil a duty , and no other rem- . edy : Tapping on Mandamus , 10,18,20 ; Short on Informations , 227 ; Queen v . Ponsford , 12 L.J.Q.B. 313. The Court will re- fuse a ...
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action affidavit agreed agreement alleged amended amount appeal application ARGUED arrears assignment attornment authority BAIN Bank bill of sale bona fide by-law Canada Evidence Act certiorari claim claimant clause Company contract conviction Council County Court Judge Court of Equity criminal crop debt debtor DECIDED declaration defendant defendant's dismissed with costs DUBUC election entitled evidence execution creditor fendant fraud Full Court given ground held interest interpleader issue judgment jurisdiction jury KILLAM land learned Judge lease liability license Manitoba ment mortgagor motion negligence notice objection Ontario Order-in-Council paid parties payment person petition petitioner plaintiff Portage la Prairie possession proceedings purchase quantum meruit quashed Queen's Bench Act question railway recover refused rent rule seed grain shares sheriff shew Statement statute Statute of Frauds taken TAYLOR tion trial trustees ultra vires verdict void Winnipeg writ
Bagian yang populer
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.