The Canadian Law Times, Volume 20
Carswell, 1901 - Canada
From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown."
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action affirmed agreement alleged allowed amendment amount appeal application appointed assessment assignment authority Bank benefit brought Canada carried cause charge claim common condition contract conviction corporation costs County Court Court creditor damages debt decision defendant directed easement effect entitled evidence execution fact followed further give given granted ground Held interest issue Judge judgment jurisdiction jury Justice land leave liable limited matter meaning ment mortgage motion Municipal necessary negligence notice objection obtained Ontario owner paid parties passed payment person plaintiff pleading practice present proceedings Province purchase question railway reason received recover referred Regina relating respect respondent Rule statement statute street sufficient Supreme Court taken tion Toronto trial wife writ
Page 201 - Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st.
Page 61 - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly; so that your thinking, or what you call knowing, a cause to be bad must be from reasoning, must be from your supposing your arguments to be weak and inconclusive.
Page 100 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.
Page 239 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 192 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Page 2 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 417 - Cas. 191) has been followed by others, * * * which we think support the rule that when a statute confers an authority to do a judicial act in a certain case, it is imperative on those so authorized to exercise the authority when the case arises, and its exercise is duly applied for by a party interested and having the right to make the application.
Page 357 - shall include any action, suit or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by the Crown. "Suit" shall include action. "Action " shall mean a civil proceeding commenced by writ, or in such other manner as may be prescribed by rules of court ; and shall not include a criminal proceeding by the Crown.
Page 61 - ... supposing your arguments to be weak and inconclusive. But, sir, that is not enough. An argument which does not convince yourself may convince the judge to whom you urge it; and if it does convince him, why then, sir, you are wrong and he is right.