Reports of Cases Argued and Determined in the Court of the Queen's Bench, Manitoba, Том 7Law Society of Manitoba., 1891 Containing reports of cases decided in the Court of the King's Bench and Court of Appeal for Manitoba. |
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... give up his right , he cannot afterwards bring an action for money had and received ; but that it is otherwise , where , at the time of pay- ing the money , the party gives notice that he intends to resist the claim , and that he yields ...
... give up his right , he cannot afterwards bring an action for money had and received ; but that it is otherwise , where , at the time of pay- ing the money , the party gives notice that he intends to resist the claim , and that he yields ...
Страница 11
... or not , Richards , J. , thus expressed himself , " If the money was paid by the 1890 . Judgment . TAYLOR , C.J. 1890. plaintiff , not intending to give up his right VOL . 7 . CAN . PAC . RY . CO . V. MUN . OF CORNWALLIS . 11.
... or not , Richards , J. , thus expressed himself , " If the money was paid by the 1890 . Judgment . TAYLOR , C.J. 1890. plaintiff , not intending to give up his right VOL . 7 . CAN . PAC . RY . CO . V. MUN . OF CORNWALLIS . 11.
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... give it up to them on his part . If we proceed upon the fiction that every man is bound to know the law , then the payment could not have been made in ignorance thereof , and yet would it not rather startle every man to learn that it ...
... give it up to them on his part . If we proceed upon the fiction that every man is bound to know the law , then the payment could not have been made in ignorance thereof , and yet would it not rather startle every man to learn that it ...
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... give notice that he so pays it by duress and not voluntarily , and by showing that he is not liable , recover it back as money had and received . TAYLOR , C.J. As to portions of the taxes demanded , those for the Judicial District and ...
... give notice that he so pays it by duress and not voluntarily , and by showing that he is not liable , recover it back as money had and received . TAYLOR , C.J. As to portions of the taxes demanded , those for the Judicial District and ...
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... give it any greater rights or interests than a subject would otherwise possess under a contract with the Crown executed by a duly authorized officer . It is distinctly laid down in the old books that the Sover- eign in his body politic ...
... give it any greater rights or interests than a subject would otherwise possess under a contract with the Crown executed by a duly authorized officer . It is distinctly laid down in the old books that the Sover- eign in his body politic ...
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action affidavit Alexander McMicken alleged amount appears application arbitrator argument authority award BAIN Bank Bank of Montreal bill bonds British North America by-law Canada Canada Temperance Act Canadian Pacific Railway caveat certificate Chevrier circumstances claim class of persons construction contract contractors conveyance costs debentures deed defendant defendant's denominational schools Dominion DUBUC entitled evidence execution exemption fee simple filed held Holt intended interest issued Judgment jurisdiction Justice KILLAM land grant Liquor License Act Manitoba Act Moore Municipality North America Act notice objection paid Parliament Parliament of Canada party passed payment petition plaintiff prejudicially affect Protestant Province of Manitoba Public Schools Act purchase quash question Real Property Act recover respect to denominational right or privilege road Roman Catholic Church Roman Catholics says Statement statute sub-section taxation taxes TAYLOR tion trust Union verdict Winnipeg words writ
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Страница 366 - In and for each Province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union...
Страница 310 - Province, an Appeal shall lie to the Governor-General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education: 4.
Страница 310 - General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.
Страница 380 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Страница 314 - Scire leges, hoc non est verba hariim tenere sed vim ac potestatem, and the reason and intention of the lawgiver will control the strict letter of the law when the letter would lead to palpable injustice, contradiction and absurdity.
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Страница 314 - ... some things ; and those which generally prohibit all people from doing such an act, they have interpreted to permit some people to do it ; and those which include every person in the letter, they have adjudged to reach to some...
Страница 315 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound the words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.