Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick, Volume 34


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Página 577 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Página 431 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Página 461 - ... any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be...
Página 464 - ... person" or any word or expression descriptive of a person, includes any body corporate and politic, and the heirs, executors, administrators or other legal representatives of such person, according to the law of that part of Canada to which the context extends...
Página 367 - But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance...
Página 463 - person," shall include any body corporate and politic, or party, and the heirs, executors, administrators or other legal representatives of such person, to whom the context can apply according to the law of that part of Canada to which such context extends ; Twetfthly. The words " writing," " written," or any term of like import, shall include words printed, painted, engraved, lithographed, or otherwise traced or copied ; Thirteenthly.
Página 368 - Thurlow said that to set aside a conveyance there must be an inequality so strong, gross, and manifest that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it.
Página 235 - If an application, survey, plan or description of the property herein insured is referred to in this policy, such application, survey, plan or description shall be considered a part of this contract, and a warranty by the assured ; and any false representation by the assured of the condition, situation or occupancy of the property, or any omission to' make known every fact material to the risk...
Página 444 - If any Pleading be so framed as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Party may apply to the Court or a Judge to strike out or amend such Pleading, and the Court or any Judge shall make such Order respecting the same, and also respecting the Costs of the Application, as such Court or Judge shall see fit.
Página 328 - ... that the objectors having appeared by solicitor had made objection personally ; (2) that s. 30 requires that evidence of residence must be given before the Licensing Court unless this is admitted or waived by the applicant ; (3) that in this case proof of residence had been waived by the applicant, and that the Court in the exercise of its discretion should refuse to grant the writ. Ex parte POLLACK, 7 SR 648.

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