The Canada Law Journal, Volume 21W.C. Chewett & Company, 1885 |
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Common terms and phrases
admission Æneid affirming alleged application Articled Clerks assignment bank Barristers bill by-law Catilinam certificates of fitness Chan Chancery Division chose in action Cicero Common Law contract costs counsel County Court of Appeal covenant creditors damages death debt deed defendant defendant's Divisional Court Dominion entitled equity evidence examination execution executors fact Ferguson granted Held Iliad interest issue judgment jurisdiction jury Justice land Law Journal LAW SOCIETY liable lien Lord Manitoba Master in Chambers matter ment mortgage motion NOTES OF CANADIAN notice Ontario Osler paid party passed patent payment person plaintiff Prac premises proceedings Province purchase Queen's Bench Queen's Bench Division question railway RECENT ENGLISH DECISIONS recover reference rule Second Intermediate Sessions solicitor statement of claim statute Student-at-Law tenant testator tion Toronto trial trustee Upper Canada Vict wife William Xenophon
Popular passages
Page 22 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 89 - But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts best involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion.
Page 250 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and...
Page 70 - With antique pillars massy proof, And storied windows, richly dight, Casting a dim religious light. There let the pealing organ blow To the full-voiced quire below, In service high and anthems clear, As may with sweetness, through mine ear, Dissolve me into ecstasies, And bring all heaven before mine eyes.
Page 393 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 251 - ... process, or to the proceeds or value thereof, it shall and may be lawful to and for the court from which such process...
Page 288 - And whereas the certainty and lenity of the criminal law of England, and the benefits and advantages resulting from the use of it, have been sensibly felt by the inhabitants, from an experience of more than nine years, during which it has been uniformly administered...
Page 108 - Damage to goods and injury to the person, although they have been occasioned by one and the same wrongful act, are infringements of different rights, and give rise to distinct causes of action ; and therefore the recovery in an action of compensation for the damage to the goods is no bar to an action subsequently commenced for the injury to the person.
Page 109 - It appears to me that whether the negligence of the servant, or the impact of the vehicle which the servant drove, be the technical cause of action, equally the cause is one and the same: that the injury done to the plaintiff is injury done to him at one and the same moment by one and the same act in respect of different rights, ie his person and his goods, I do not in the least deny; but it seems to me a subtlety not warranted by law to hold that a man cannot bring two actions, if he is injured...
Page 109 - I do not in the least deny; but it seems to me a subtlety not warranted by law to hold that a man cannot bring two actions, if he is injured in his arm and in his leg, but can bring two, if besides his arm and leg being injured his trousers which contain his leg, and his coatsleeve which contains his arm, have been torn.