Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia: Including Also the General Rules of Court, and Reports of Several Miscellaneous Cases in the Superior Courts ... Vol. I, Commencing Michaelmas Term, 1853, and Ending Easter Term, 1855, Inclusive, Volumen1,Parte1James Barnes, 1855 - 464 páginas |
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Términos y frases comunes
action admission adverse possession affidavits appears applied attorney Barbadoes bill BLISS cargo cause circumstances cited claim commenced common law complainants contended conveyance conveyed costs counsel Court Court of Equity creditors Crown Daniel Kinsman debt decided deed defendant defendant's discharged dower ejectment entitled equity estoppel evidence execution executors Ezekiel Kinsman fact father fence fraud give grant ground Halifax HALLIBURTON held insured intention Johnston judgment jurisdiction jurors Jury Justice land learned Judge lessor loading Lord Mabou ment Michaelmas Term minerals mortgage Nathaniel Kinsman nonsuit NOVA SCOTIA objection opinion owner paid parties payment person plaintiff plea Port Hood possession principle proceedings proved Province purchase question recover replevin Rule absolute rule nisi says sheriff shew ship Songster statute statute of frauds Strait of Canso subsequent sufficient taken term testator tion trespass trial trover trust verdict vessel voyage widow witness words writ
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Página 237 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Página 300 - But this must be understood with very many and very great restrictions. 'Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony.
Página 237 - 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...
Página 289 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Página 300 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue, (such especially as are enforced by penalties,) the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Página 121 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 299 - Then upon the best consideration I have been able to give to the question I am of opinion that neither the statute 33 Hen.
Página 45 - ... we are of opinion that the rule for a new trial must be made absolute — not, indeed, on the ground of misdirection, for we are unable to find any misdirection, the learned judge having in effect left the question of damages to the jury, with a due caution as to the limit of compensation, though we think it might have been more explicit as to the elements of damage.
Página 171 - Recompence to be made to the Owners and others interested as aforesaid in the said Ground for their respective Interests, as they shall think reasonable, not exceeding Forty Years...
Página 377 - ... surviving officer of the ship, to the effect that he had exerted himself to the utmost to save the ship, cargo, and stores.