Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Svazek 28Carswell Company, Limited, 1897 |
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action administrator affidavit agent agreement alleged amendment amount application arrest authority award bill of sale bond CANADA TEMPERANCE ACT cause certiorari charge CHURCHILL ET City of Halifax claim Commissioner contract conviction counsel county court creditors Crown debt deceased decision deed defendant defendant's delivery dismissed with costs donatio mortis causa effect entitled evidence execution fact filed given GRAHAM grand jury granted ground Held HENRY indictment indorsed intention interest judgment jurisdiction Justice Knight Templar learned judge lease liable license to search manikin McDonald MEAGHER ment Mines mortgage notice Nova Scotia offence opinion owner paid parties payment person plaintiff possession proceedings province provisions question reason recover referred registered repair replevin respect RITCHIE rule Sheriff sidewalks smut solicitor statement of claim statute support of appeal testator tion TOWNSHEND trial judge true bill vessel warrant WEATHERBE words writ
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Strana 360 - Viet. c. 93) provided in section 1 that " the wages and earnings of any married woman acquired or gained by her after the passing of this Act in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill...
Strana 116 - That the following words and expressions in this act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction...
Strana 231 - The natural influence of the parent or guardian over the child, or the husband over the wife, or the attorney over the client, may lawfully be exerted to obtain a will or legacy, so long as the testator thoroughly understands what he is doing, and is a free agent. There is nothing illegal in the parent or husband pressing his claims on a child or wife...
Strana 129 - There is a manifest and well-settled distinction between an unconditional deed of trust and a mortgage or deed of trust in the nature of a mortgage.
Strana 89 - The general rule I take to be, that where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the...
Strana 231 - One point, however, is beyond dispute, and that is, that where once it has been proved that a will has been executed with due solemnities by a person of competent understanding, and apparently a free agent, the burthen of proving that it was executed under undue influence is on the party who alleges it. Undue influence cannot be presumed...
Strana 229 - These rules are two : 1st, that the onus probandi lies, in every case, upon the party propounding a will, and he must satisfy the conscience of the court, that the instrument so propounded is the last will of a free and capable testator...
Strana 161 - Act shall be held insufficient or invalid by reason of any variance between the information and the conviction, or by reason of any other defect in form or substance, provided it can be understood from such conviction, warrant, process, or proceeding that the same was made for an offence against some provision of...
Strana 371 - The wages and earnings of any married woman acquired or gained by her after the passing of this Act in any employment, occupation, or trade in which she is engaged or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money, or property, shall be deemed and taken to be property held and settled to her separate use, independent of any husband...
Strana 302 - This is the settled law, and hence a conveyance by one tenant of a parcel of a general tract, owned by several, is inoperative to impair any of the rights of his cotenants. The conveyance must be subject to the ultimate determination of their rights, and upon obvious grounds. One tenant cannot appropriate to himself any particular parcel of the general tract; as, upon a partition, which may be claimed by the cotenants at any time, the parcel may be entirely set apart in severalty to a cotenant.