The Canadian Annual Digest, 1904-1935: With Tables of Cases Digested and Cases Affirmed, Reversed, Or Specially ConsideredCanada Law Book Company, 1912 - Law reports, digest, etc |
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Common terms and phrases
action Adverse possession affidavit affirmed agent agreement Alberta alleged Alta amount application award Bank Bank of Montreal breach British Columbia by-law Canadian Pacific Canadian Pacific Railway cause certiorari charge cheque claim contract conviction corporation costs council County Court of Appeal creditors damages dant default defendant defendant's dismissed entitled evidence execution fendant followed fraud Grand Trunk habeas corpus Held injury issue judgment jurisdiction jury land lease leave to appeal liability License lien Liquor Lumber magistrate Manitoba ment Montreal mortgage motion municipal negligence notice offence Ontario owner paid pany parties payment person plain plaintiff pleaded proceedings promissory note purchase quash Quebec railway company recover referred reversed Sask Saskatchewan security for costs shew shewn statement of claim statute sub-sec Supreme Court tiff tion Toronto trial Judge warrant wife Winnipeg writ
Popular passages
Page 393 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 97 - Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.
Page 249 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy...
Page 21 - December one thousand eight hundred and thirty-three, no person shall make an entry or distress or bring an action to recover any land or rent but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 865 - If, indeed, he has received the whole or any substantial part of the consideration for the promise on his part, the warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower sense of the word — viz., a stipulation by way of agreement, for the breach of which a compensation must be sought in damages.
Page 389 - Act provided, to all persons interested, for all damage by them sustained by reason of the exercise of such powers.
Page 319 - It is the general intention of the law that in giving damages for breach of contract the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed : Irvine v.
Page 21 - After land has been registered no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession.
Page 891 - And it is expressly understood that time is to be considered the essence of this agreement; and, unless the payments are punctually made ai the times and in the manner above mentioned, these presents shall be null and void and of no effect, and the said party of the first part...
Page 933 - There was no evidence upon which it could be found that the cigars were sold as drugs or medicines, so as to bring them within the exception in the Act; nor was a cigar a "necessity," within the meaning of the exception as to "works of necessity and works of charity.