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Cases Argued and Determined in the Supreme Court of Nova Scotia, Volum 2
Uten tilgangsbegrensning - 1879
Cases argued and determined in the Supreme court of Nova Scotia, Volum 1
Uten tilgangsbegrensning - 1880
Cases Argued and Determined in the Supreme Court of Nova Scotia, Volum 1
Uten tilgangsbegrensning - 1877
action admitted affidavit agent agreement alleged amendment amount appeal apply argued argument assignment attorney barque bill of sale bonds brought cause certiorari chapter cited City of Halifax claim contended contract costs counsel County Court creditors Cutten damages decision deed defendant company defendant's delivered DesBarres discharge dismissed Dominion Donald Chisholm Election Court endorsed entitled Equity estopped estoppel evidence fact garnishee given granted ground Halifax held horse insolvent issue James and Weatherbe John Aylward judgment jurisdiction jury land learned Judge lease liable McDonald ment mill notice Nova Scotia objection opinion paid paper party payment person petition petitioner plaintiff plea pleaded possession proceedings Prothonotary question Railway recover referred replevin Rigby Ritchie rule nisi says sell sheriff Shubenacadie Canal Smith statute suit taken tenant tion trial trustees ultra vires verdict Western Counties Railway writ
Side 420 - The principle of public policy is this : 'Ex dolo malo non oritur actio.' No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Side 100 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Side 420 - If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Side 297 - But 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."* In Freeman v.
Side 241 - Application was made for a new trial on the ground of the verdict being against the weight of evidence, but it was refused.
Side 550 - ... and within the prescribed time after the notice is given any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the Court or Judge in, and at the prescribed manner, time, and place, to be substituted as a petitioner.
Side 529 - ... shall, six days before the day appointed for trial, deliver to the Master, and also at the address, if any, given by the Petitioners and Respondent, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote...
Side 297 - ... that he consents to an act which has been done, and that he will offer no opposition to it, although it could not have been lawfully done without his consent, and he thereby induces others to do that from which they otherwise might have abstained, he cannot question the legality of the act he had so sanctioned, to the prejudice of those who have so given faith to his words, or to the fair inference to be drawn from his conduct.
Side 45 - ... hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by means whereof the said lands and premises hereby conveyed...
Side 529 - ... and the Master shall allow inspection and office copies of such lists to all parties concerned ; and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the Court of Common Pleas or a judge at chambers upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.