The Nova Scotia Reports ...: Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Volumen2
Nova Scotia. Supreme Court, James Thomson, Alexander James, Henry Oldright, Fitzgerald Cochran, John Morris Geldert, James Macdonald Oxley, William Bernard Wallace, Benjamin Russell, Samuel Ainsley Chesley, Frank W. Russell, LaMert S. Whinyard
Carswell Company, Limited (etc.), 1873
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according acres action actual affidavit agent agreement amount appeared apply argument assignment Attorney authority boat bound brought called cause charges circumstances cited claim clause codicil consideration considered contained contract conviction counsel Court daughter death deceased decided decision deeds defendant delivered delivery devise direct doubt Douglas effect entitled entries evidence execution existence expressed fact fraud give given grant ground heirs held intended interest issue Judge judgment jury Justice land learned letter Lord means ment notice objection opinion particular parties person plaintiff possession present principle prisoner produced proof proved purchase question reasonable received red book referred regards respecting rule says share signed Statute sufficient taken testator tion trial trust verdict vessel whole Wilkins witnesses writing
Página 249 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Página 140 - The force of circumstantial evidence being exclusive in its nature, and the mere coincidence of the hypothesis with the circumstances being, in the abstract, insufficient, unless they exclude every other supposition, it is essential to inquire with the most scrupulous attention what other hypotheses there may be which may agree wholly or partially with the facts in evidence.
Página 120 - The premises may lead more or less strongly to the conclusion, and care must be taken not to draw the conclusion hastily ; but in matters that regard the conduct of men, the certainty of mathematical demonstration cannot be required or expected ; and it is one of the peculiar advantages of our jurisprudence, that the conclusion is to be drawn by the unanimous judgment and conscience of twelve men, conversant with the affairs and business of life, and who know, that, where reasonable doubt is entertained,...
Página 107 - Court a verdict for that amount was rendered for the plaintiff, subject to the reserved question whether there was any evidence to go to the jury in support of the plaintiff's claim.
Página 149 - The Goodwill of a Business of the Plaintiff, sold and given up by the Plaintiff to the Defendant. 9. The Defendant's Use, by the Plaintiff's Permission, of Messuages and Lands of the Plaintiff. 10.
Página 12 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature ahall be made or acknowledged by the testator in the presence of two or more witnesses, present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Página 250 - Examination, then, whilst he admits and insists upon the rule ' that the judgment of a Court in expounding a will should be simply declaratory of what is in the instrument...
Página 1 - ... broken. Upon objection by the defendant's counsel, that there was no case to go to the jury to fix the defendant with liability, either personally or for the act of his manager or foreman, the Lord Chief Justice reserved the question for the Court, and the case went to the jury, who found for the plaintiff, with 2007.