Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 33

Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...that, the sherifi' has rendered assistance which his duty did not require, he ought not to go unremunerated. But I am dealing with his legal claim to poundage, and after carefully going over the evidence, and giving every consideration to the views as expressed by the Judge of the County Court in his charge to the jury, and adhered to on consideration afterwards, -I feel compelled to say that, in my view, the evidence not only does not prove, but absolutely disproves that the seizure by the sheriff was such as could have realized him his poundage, acting simply under the execution, or that the payments made were in any sense the result of any seizure the sheriff made. The question of compromise is unimportant. It is clear from the evidence that no compromise was ever made with the bank. Sweezey and Loggie appear to have made some settlement, but the bank had nothing to do with it, and was in no way a party to it. I think the verdict should be confined to the fees for services merely. Hmrnaron, LANDRY and VANWART, JJ., concurred with BARKER, J. SIR Jonu C. ALLEN, C. J., took no part. Verdict reduced to $2.60, and appeal allowed with costs.-l 4%.'). BA_'k or io1r-rmcu. U. Su mmssur. Barker, J. June J2. KELLY, APPELLANT, AND THE NEW BRUNSWICK RAIL-WAY COMPANY, 1-zr.u.., Rssrounnnrs. Prior deed--Registration-Actual or constructive no1ice--C'onsol. Stat., Cap. 74. To defeat a registered deed there must be actual notice, or fraud. This was an appeal from a decree of the Honorable.Ir. Justice Fraser (made when a Judge of this Honorable Court), sitting in equity, decreeing that a deed from Jeremiah Nason to the European and North American Railway Company, set out in the plaintifis' bill in this suit, have priority in registry...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236788087
  • 9781236788085