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The Manitoba Reports: Containing Reports of Cases Decided in the ..., Volum 31
Uten tilgangsbegrensning - 1922
The Manitoba Reports: Containing Reports of Cases Decided in the ..., Volum 7
Uten tilgangsbegrensning - 1891
action agent agreed agreement alleged allowed amendment amount appeal application arbitration asked authority brought by-law called CAMERON carried cause charge circumstances City claim clause clear Company consideration considered contract costs Court creditors damages DECIDED decision defendant dismissed document effect election entered entitled evidence execution express fact filed further give given grain granted ground held hold HOWELL husband insolvent intention interest issue Judge Judgment jury Justice land letter liability matter meaning ment necessary negligence notice objection opinion owner paid parties passed payment PERDUE person petition plaintiff present proceedings proper provisions purchase question Railway reason received referred refused respect rule says sell shareholders shares signed statement statute street sufficient taken tion transaction trial Winnipeg
Side 742 - ... [subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed], to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor...
Side 90 - Any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or (g) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction.
Side 18 - But it is in this sense, and in this sense only, as I conceive, that the question of unreasonableness can properly be regarded. A by-law is not unreasonable merely because particular judges may think that it goes further than is prudent or necessary or convenient, or because it is not accompanied by a qualification or an exception which some judges may think ought to be there.
Side 816 - Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this rule otherwise provided, it shall not be competent for the plaintiff to withdraw the record or discontinue the action without leave of the court or a judge, but the court or a judge may, before, or at, or after the hearing or trial, upon such terms as to...
Side 429 - We may now take for granted that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. "And the party here, on reading the deed of settlement, would find, not a prohibition from borrowing, but a permission to do so on certain conditions.
Side 75 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Side 22 - ... by a qualification or an exception which some judges may think ought to be there. Surely it is not too much to say that in matters which directly and mainly concern the people of the county, who have the right to choose those whom they think best fitted to represent them in their local government bodies, such representatives may be trusted to understand their own requirements better than judges.
Side 897 - ... familiar. The words describe in their known legal sense provisions made by law for the administration of the estates of persons who may become bankrupt or insolvent, according to rules and definitions prescribed by law, including of course the conditions in which that law is to be brought into operation, the manner in which it is to be brought into operation, and the effect of its operation.