Reports of Cases Decided in the Court of Common Pleas ..., Том 2H. Rowsell, 1853 |
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Страница 38
... demurrer . Dr. Connor , Q. C. for the demurrer , contended that each of the 4th and 5th pleas allege three facts , and that all those demurred to involve one question ; that the proviso to sec . 177 of 12 Vic . ch . 81 , relates only to ...
... demurrer . Dr. Connor , Q. C. for the demurrer , contended that each of the 4th and 5th pleas allege three facts , and that all those demurred to involve one question ; that the proviso to sec . 177 of 12 Vic . ch . 81 , relates only to ...
Страница 41
... demurrer are- 1st . Generally , that the pleas contain no legal defence or answer to the action . 2nd . That they are repugnant and inconsistent , admitting the grounds of action stated , and yet denying that there was sufficient ...
... demurrer are- 1st . Generally , that the pleas contain no legal defence or answer to the action . 2nd . That they are repugnant and inconsistent , admitting the grounds of action stated , and yet denying that there was sufficient ...
Страница 48
... indirectly assert what they do not contain . No ground of special demurrer has however been assigned in this point , if objectionable . Some authorities bearing on this point will be found in 48 COMMON PLEAS , TRINITY TERM , 15 VIC .
... indirectly assert what they do not contain . No ground of special demurrer has however been assigned in this point , if objectionable . Some authorities bearing on this point will be found in 48 COMMON PLEAS , TRINITY TERM , 15 VIC .
Страница 49
... demurrer it must be intended that there are by - laws to which the pleas refer , although not distinctly averred ... demurred , not on the ground of uncertainty in this respect , but of the defendants being estopped by their deed ...
... demurrer it must be intended that there are by - laws to which the pleas refer , although not distinctly averred ... demurred , not on the ground of uncertainty in this respect , but of the defendants being estopped by their deed ...
Страница 51
... demurrer . Since writing the above , I have seen the act passed last session ( 30th August 1851 ) to enable municipal corporations in Upper Canada to contract debts to the crown , in the pur- chase of public works , without imposing a ...
... demurrer . Since writing the above , I have seen the act passed last session ( 30th August 1851 ) to enable municipal corporations in Upper Canada to contract debts to the crown , in the pur- chase of public works , without imposing a ...
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action adverse possession affidavits aforesaid agent agreement alleged amount appears assessed assignment assumpsit averred bill of sale breach bushels by-law certificate charge collector contended contract conveyance corporation court covenant creditors damages dant debt declaration deed defendant defendant's delivered demandant demises demurrer discharge dower duty entitled entry evidence execution fact flour ground Hallock held issue John Soules judgment jury Justice Kingston Lachine land lease lessor levied liable lumber McVean ment mentioned mill Montreal mortgage municipal council Nisi Prius notice objection paid parties passed payable payment person plaintiff plea pleaded possession pound promise promissory notes proved question ratable property received recover replication Royal Grammar School rule sample schooner shew cause shewn statute sufficient tenant therein thereof tion Toronto township trial united counties Upper Canada Upper Canada College verdict vessel wheat writ
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Страница 139 - December, 1833, 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...
Страница 231 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 511 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Страница 167 - An Act for the further Amendment of the Law and the better Advancement of Justice...
Страница 246 - If a man builds his house at the extremity of his land, he does not thereby acquire any right of easement, for support or otherwise, over the land of his neighbour. He has no right to load his own soil so as to make it require the support of that of his neighbour, unless he has some grant to that effect.
Страница 126 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Страница 140 - ... shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death...
Страница 274 - If anything remain to be done on the part of the seller as between him and the buyer, before the commodity purchased is to be delivered, a complete present right of property has not attached in the buyer...
Страница 513 - Majesty's Subjects, the same shall be transferred by Bill of Sale, or other Instrument in Writing, containing a Recital of the Certificate of Registry of such Ship or Vessel, or the principal Contents thereof, otherwise such Transfer shall not be valid or effectual for any Purpose whatever, either in Law or in Equity...
Страница 179 - The name of a county shall in all cases be stated in the margin of a declaration, and shall be taken to be the venue intended by the plaintiff, and no venue shall be stated in the body of the declaration, or in any subsequent pleading.