Decisions of the Supreme Court of Nova Scotia, Volume 2; Volume 8Carswell Company, Limited, 1881 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession affidavit agreement alleged amount appears applied appointed arbitrator Archibald argument assignee attorney authority award Benjamin Short Campbell cause chattel Chief Justice circumstances cited claim Commissioner Common Law Company contract counsel Court Court of Equity creditors damages debt decision declaration deed defendant defendant's delivered the judgment ejectment entitled Equity evidence execution executors fact fraud fraudulent give given grant ground Halifax held Hosterman insolvent insured intention interest issue James Gorham jury land learned Judge lease liable Lord marsh McDonald ment nonsuit North West Arm notice Nova Scotia objection obtained opinion owner paid parties Paul Collins person plaintiff plea pleaded possession principle proceedings promissory note proved purchase question Railway received recover referred replevin rule nisi says sheriff sheriff's deed shew ship taken testator tion trespass trial trover trustees usury verdict vessel WILKINS William William Short witness writ
Popular passages
Page 460 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that State only, yet it does not by any means follow that its existence there will not be recognized in other places; and its residence in one State creates no insuperable objection to its power of contracting in another.
Page 520 - ... it is of the greatest consequence to the law of England and to the subject, that these powers of the judge and the jury are kept distinct; that the judge determine the law, and the jury the fact ; and if ever they come to be confounded, it will prove the confusion and destruction of the law of England.
Page 330 - And by s. 2, it is enacted, that 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 474 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.
Page 418 - The order of applying descriptions to boundaries is: First, to natural objects; second, to artificial marks; and, third, to courses and distances given in the deed." 3 Washb. Real Prop. 405. If the line between lots 1 and 4 was located upon the land when surveyed and subdivided, and can now be ascertained and determined, that line will constitute the true division line between the lots, though it conflicts with the description given in the plat.
Page 308 - Chattels personal are, properly and strictly speaking, things moveable; which may be annexed to or attendant on the person of the owner, and carried about with him from one part of the world to another. Such are animals, household stuff, money, jewels, corn, garments, and everything else that can properly be put in motion, and transferred from place to place.
Page 99 - The declaration shows that the justice had jurisdiction of the subject matter, for it alleges that the action was brought to recover the amount of a promissory note ; but it fails to show that jurisdiction over the person had been acquired.
Page 406 - Provided always, that nothing herein contained shall be construed to prevent the said Companies from making such Conditions with respect to the receiving, forwarding, and delivering of any of the said Animals, Articles, Goods, or Things, as shall be adjudged by the Court or Judge before whom any Question relating thereto shall be tried to be just and reasonable...
Page 439 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Page 406 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability ; every such notice, condition, or declaration being hereby declared to...