The British Columbia Reports: Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Ourts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Principal Matters Reported Under the Authority of the Law Society of British Columbia, Svazek 32Paulus Aemilius Irving, Gordon Hunter, Robert Cassidy, Peter Secord Lampman, Oscar Chapman Bass, Edmund Cumming Senkler Law Society of British Columbia, 1924 |
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The British Columbia Reports: Being Reports of Cases Determined ..., Svazek 13 Úplné zobrazení - 1908 |
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accused action agreement ALBERTA alibi alleged allowed APPEAL 1923 Jan APPEAL 1923 March appeal was argued application Argument Bank Bankruptcy beer British Columbia Canadian charge circumstances claim Company contents contract contributory negligence conviction costs counsel COURT OF APPEAL covenant Criminal Crown damages decision defendant ejusdem generis entitled evidence excavation fact GALLIHER Government Liquor Act Grand Trunk Railway held intention J.A. COURT J.A. EBERTS JJ.A judgment June jury kegs land learned judge learned trial judge Lee Mong Kow liability lien logs Lord LUMBER MACDONALD MARTIN MCPHILLIPS and EBERTS ment mortgage opinion opium Ottawa Electric Railway owner party payment person plaintiff proceedings purchase question Railway reasonable Registrar Rostein rule Saanich section 46 shew solicitor Solicitor for respondent Solicitors for appellant South Yorkshire Railway Statement statute street-car subsection taxes tion trustee Vancouver Victoria W. H. MALKIN
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Strana 465 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Strana 118 - It is often very difficult to estimate "correctly the relative credibility of witnesses from written "depositions; and when the question arises which witness is "to be believed rather than another, and that question turns "on manner and demeanour, the Court of Appeal always "is, and must be, guided by the impression made on the "judge who saw the witnesses.
Strana 31 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Strana 31 - Where the goods are bought by description from a seller who deals in goods of that description, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be of merchantable quality.
Strana 163 - AB, for his said offence, to forfeit and pay the sum of , to be paid and applied according to law, and also to pay to CD, the complainant, the sum of , for his costs in this behalf. And if the said several sums be not paid forthwith (or on or before...
Strana 144 - The debtor is domiciled in England, or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwellinghouse or place of business in England.
Strana 246 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and if the breach is capable of remedy, requiring the lessee to remedy the breach...
Strana 373 - ... virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Strana 382 - But where the only cestui que trust is a person sui juris, the right of the trustee to indemnity by him against liabilities incurred by the trustee by his retention of the trust property has never been limited to the trust property ; it extends further, and imposes upon the cestui que trust a personal obligation, enforceable in equity, to indemnify his trustee.
Strana 100 - I have not by building increased the weight upon my soil, and my neighbour digs in his land so as to occasion mine to fall in, he may be liable to an action. But if I have laid an additional weight upon my land, it does not follow that he is to be deprived of the right of digging his own ground, because mine will then become incapable of supporting the artificial weight which I have laid upon it.