Reports of cases argued and determined in the Supreme court of New Brunswick [1848-66], Volume 6 |
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18 Vict Act of Parliament action affidavit agreement Alexander Wright alleged Allen amount appeared application assessment assigns attorney authority award bail bond Botsford CARTER certiorari Charles Simonds City claim commissioners contended contract costs Court Court of Equity covenant damages dant debt declaration deed defendant defendant's delivered the judgment discharged ejusdem generis entered entitled equity evidence execution executors Fredericton given grant ground Hanington held Hilary term intended issue John jury Justice land learned Judge lease Legislature lessor liable logs lumber ment Michaelmas term mill mortgage nonsuit notice O'Leary owner paid PARKER party payment person plaintiff plea possession proceedings proved question recover rent replevin Richibucto RITCHIE rule nisi Sheriff Sheriff's sale shewed cause shewn Stat statute suit tenant term last tiff tion trespass trial Trinity term verdict vult Wilmot words writ
Popular passages
Page 318 - Suit whatsoever, if it shall be proved that he was actually guilty of the Offence of which he was so convicted, or that he was liable by Law to pay the Sum he was so ordered to pay, and (with respect to such Imprisonment) that he had undergone no greater Punishment than that assigned by Law for the Offence of which he was so convicted, or for Nonpayment of the Sum he was so ordered to pay.
Page 300 - British ships, equities may be enforced against owners and mortgagees of ships in respect of their interest therein, in the same manner as equities may be enforced against them in respect of any other personal property.
Page 451 - The ground, therefore, upon which persons standing in this relation to the litigating party are bound by the proceedings to which he was a party is, that they are identified with him in interest ; and whenever this identity is found to exist, all are alike concluded. Hence, all privies, whether in estate, in blood, or in law, are estopped from litigating that which is conclusive on him with whom they are in privity.
Page 210 - G., in Easter Term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence.
Page 381 - ... for and in the name and on the account of the said AB, his said master, and the said last mentioned money then, and within the said six calendar months, fraudulently and feloniously did embezzle...
Page 465 - If I give to A. and his heirs all my real estate, charged with my debts, that is a devise to him for a particular purpose, but not for that purpose only.
Page 10 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
Page 299 - The true doctrine would seem to be, that, in cases of adverse independent titles, the party holding the property must defend himself as well as he can at law, and he is not entitled to the assistance of a court of equity, for that would be to assume the right to try merely legal titles, upon a controversy between different parties where there is no privity of contract between them and the third person who calls for an interpleader.
Page 426 - A conveyance upon a sale made pursuant to a final judgment, in an action to foreclose a mortgage upon real property, vests in the purchaser the same estate, only, that would have vested in the mortgagee if the equity of redemption had been foreclosed.
Page 322 - Nevertheless, there is a respectable body of opinion in favour of the principle of legal interpretation as embodied in the following observation48 : — " ' I think, where the meaning of a statute is plain and clear, we have nothing to do with its policy or impolicy, its justice or injustice, its being framed according to our views of right, or the contrary. If the meaning of the language used by the legislature be plain and clear, we have nothing to do but to obey it — to administer it as we find...