The Canada Law Journal, Volumen50W.C. Chewett & Company, 1915 |
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Términos y frases comunes
accident affirmed agreement Alberta Appeal Cozens-Hardy applied appointed Association authority bank breach British British Columbia Canada Canadian cause charge chattel circumstances civil rights claim commission common law condition contract conveyancing Court of Appeal covenant criminal damages debt decision defendant Divisional Court Dominion duty England entitled evidence executors fact fee simple Government held House of Lords injury interest intra vires judge judgment jurisdiction jury Justice L.JJ L.T. Rep Labatt land lawyers lease legislation liable lien limited Lord Lord Haldane magistrate ment mortgage negligence Ontario opinion owner paid parties payment person Phillimore plaintiff premises Privy Council proceedings profession Province Provincial Legislature purchaser question railway reason recover referred residuary estate respect rule shareholders shew solicitor statute Supreme Court tenant testator tion Toronto trial tried the action trust ultra vires VICT
Pasajes populares
Página 377 - she never told her love, but let concealment, like a worm in the bud, feed on her damask cheek. She pined in thought, and with a green and yellow melancholy, she sat like Patience on a monument, smiling at Grief.
Página 89 - ... notwithstanding the finding on the issue joined, the said court, or the court from which the record has issued, shall, if they shall think the said variance immaterial to the merits of the case, and the mis-statement such as could not have prejudiced the opposite party in the conduct of the action or defence, give judgment according to the very right and justice of the case.
Página 152 - Where a note is in the body of it made payable at a particular place...
Página 135 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Página 282 - Its object shall be to advance the science of jurisprudence, promote the administration of justice and uniformity of legislation throughout the union, uphold the honor of the profession of the law, and encourage cordial intercourse among the members of the American Bar.
Página 456 - It is said by Lord Romilly, Master of the Rolls, in Crump v. Lambert, LR 3 Eq. 409, that " the real question in all the cases is the question of fact, viz., whether the annoyance is such as materially to interfere with the ordinary comfort of human existence.
Página 583 - Council, state a case, in writing, for the opinion of the Supreme Court of Canada upon any question which, in the opinion of the Board, is a question of law or of jurisdiction.
Página 137 - ... non — it is, in very truth, the efficient, the proximate, the decisive cause of the incapacity, and therefore of the mischief. * * * Negligence of a defendant incapacitating him from taking due care to avoid the consequences of the plaintiff's negligence, may, in some cases, though anterior in point of time to the plaintiff's negligence, constitute 'ultimate...
Página 253 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building...
Página 283 - By-laws may be adopted at any annual meeting of the Association by a majority vote of the members present; and the Executive Committee may make By-laws for the Association, subject to amendment by the Association.