Reports of Cases: Determined in the Supreme Court of New Brunswick, Volume 4Carswell, 1894 |
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Common terms and phrases
act of Assembly action adverse possession affidavit aforesaid agreement alleged amount appear apply appointed assignment ASSUMPSIT attorney averment award bankrupt Bartibog river bill bond Botsford Campbell Carter Charles Gallagher CHIPMAN cited contract costs count Court creditors Crown damages debt declaration deed defendant defendant's demand demurrer deputy Treasurer duty entitled evidence execution fendant Fredericton given grant ground heir at law held Hilary term last indorsed intention intestate issue J. A. Street Joseph Cunard jury Kinnear learned Judge lessor liable lumber ment Michaelmas term last nonsuit notice paid Parker party payable payment person plaintiff plea pleaded possession present promise promissory note proof proved Province question rear line received recover refused replevin rule nisi Saint Andrews Saint John Samuel L sheriff shewed cause shewn statute sufficient sureties tenant thereof tiff timber tion trespass trial Trinity term last usury verdict vult witness writ
Popular passages
Page 233 - justly due, and any irregularity or unlawful act shall be "afterwards done by the party or parties distraining, or by his, "her or their agents, the distress itself shall not be therefore "deemed to be unlawful, nor the party or parties making it
Page 263 - reversed! by error, or a verdict pass for the plaintiff, and " upon matter alleged in arrest of judgment the judgment be "given against the plaintiff, that he take nothing by his plaint, "writ, or bill, that in all such cases the party plaintiff, his "executors
Page 109 - whether in substance or form, which would '' have been a fatal objection upon demurrer, yet if the issue "joined be such as necessarily required on the trial proof of the " facts so defectively or imperfectly stated or omitted, and
Page 439 - A verdict was taken for the plaintiff by consent, with leave to the defendant to move to enter a nonsuit if the Court should be of opinion
Page 233 - or may recover full satisfaction for the special damage he, "she, or they shall have sustained thereby, and no more, in an "action of trespass or on the case, at the election of the plaintiff "or plaintiffs.
Page 24 - of the intestate, or shall be advanced by the intestate in " his life time, by portion or portions equal to the share which " shall by such distribution be allotted to the other children, to " whom such distribution is to be made: And in case any child, " other than the heir at law, who shall have any estate by
Page 27 - or portions equal to the share which shall by such distribution " be allotted to the other children, to whom such distribution is "to be made; and in case any child, other than the heir at law, " who shall have any estate by settlement from the said
Page 103 - whether in substance or form, which would " have been a fatal objection on demurrer, yet if the issue joined " be such as necessarily required on the trial proof of the facts so " defectively or imperfectly stated or omitted, and without " which it is not to be presumed that either the Judge would " direct the jury to give, or the jury would have given the
Page 530 - the Court for a rule to shew cause why a new trial " should not be granted, or for any rule of a like description. "do give notice to the opposite party of such his
Page 27 - children by such distribution as aforesaid, then so much of the "surplusage of the estate of such intestate to be distributed to ''such child or children, as sha.ll have any land by settlement '•from the Intestate, or were advanced in the life time of the