The Canada Law Journal, Volume 5W.C. Chewett & Company, 1869 |
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Page 17
... alleged by Company to have traded to the Canaries in violation of the patent , and the defendant Ivie had , as the company's bailiff , seized a certain ship and sails belonging to the plaintiff . The defendant by his plea , justified ...
... alleged by Company to have traded to the Canaries in violation of the patent , and the defendant Ivie had , as the company's bailiff , seized a certain ship and sails belonging to the plaintiff . The defendant by his plea , justified ...
Page 23
... alleged special damage . Plea . That in speaking the said words in the declaration mentioned the defendant meant , and was understood by the bystanders to mean , that there had been , and there was , a rumour current in the Stock ...
... alleged special damage . Plea . That in speaking the said words in the declaration mentioned the defendant meant , and was understood by the bystanders to mean , that there had been , and there was , a rumour current in the Stock ...
Page 24
... alleged libel or slander . " Now every inuendo must be good in itself and none can be rejected because unsupported by prefatory matter . Then the statute continues , that where the words or matter set forth with or without the alleged ...
... alleged libel or slander . " Now every inuendo must be good in itself and none can be rejected because unsupported by prefatory matter . Then the statute continues , that where the words or matter set forth with or without the alleged ...
Page 33
... alleged matter of fact , the truth of which is submitted to investigation , is established or disproved ; circumstantial evidence is of a na- ture identical with direct evidence , the distinc- tion being , that by direct evidence is ...
... alleged matter of fact , the truth of which is submitted to investigation , is established or disproved ; circumstantial evidence is of a na- ture identical with direct evidence , the distinc- tion being , that by direct evidence is ...
Page 35
... alleged as the basis of any legal inference must be strictly and indubitably connected with the factum pro- bandum . ( 2. ) The onus probandi is on the party who asserts the existence of any fact which infers legal accountability : 1 ...
... alleged as the basis of any legal inference must be strictly and indubitably connected with the factum pro- bandum . ( 2. ) The onus probandi is on the party who asserts the existence of any fact which infers legal accountability : 1 ...
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Expressions et termes fréquents
action affidavit alleged appear application appointed assignment assizes attorney authority bailee bank bill Brougham cause Chambers charge Chief Justice claim clerk Common Law contract costs County Court court of equity covenant creditors criminal damages death debt deceased decision declaration deed defendant discharge dower duty effect election ENGLISH LAW entitled equity Esquire evidence executed fact filed Gazetted give given ground held husband insolvent issue judge judgment jurisdiction jury land Law Rep liability Lord Brougham Lord Campbell Lord Chancellor Lord Lyndhurst marriage matter ment mortgage notice Ontario opinion paid parties payment person plaintiff pleading possession present proceedings Province Quarter Sessions Queen's Bench question referred refused respect rule Serjeant Sessions shew solicitor statute suit summons Superior Courts tenant term testator tion Toronto trial trust Upper Canada verdict words writ
Fréquemment cités
Page 41 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 289 - That no person offered as a witness shall hereafter be excluded, by reason of incapacity from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding...
Page 17 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 201 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 289 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question or...
Page 38 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman ; the ox shall be stoned, and his owner also shall be put to death.
Page 25 - In actions of libel and slander the plaintiff shall be at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander ; and where the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient.
Page 231 - An Act respecting the duties of Justices of the Peace out of Sessions in relation to persons charged with indictable offences.
Page 8 - ... thirty thirtyone thirtytwo thirtythree thirtyfour thirtyfive thirtysix thirtyseven thirtyeight thirtynine forty fortyone fortytwo fortythree fortyfour fortyfive fortysix fortyseven fortyeight fortynine fifty fiftyone fiftytwo fiftythree fiftyfour...
Page 192 - an event that takes place without one's foresight or expectation ; an event which proceeds from an unknown cause, or is an unusual effect of a known cause, and, therefore, not expected.