BRIGHAM v. THE QUEEN.
APPEAL from the judgment of the Exchequer Court of Canada (1) which dismissed the appellant's petition of right.
After hearing counsel for the parties, the court reserved judgment and on a subsequent day, dismissed the appeal for the reasons given in the judgment appealed from.
Aylen Q.C. for the appellant.
Newcombe Q.C. for the respondent.
DUNN v. PRESCOTT ELEVATOR CO. APPEAL from the judgment of the Court of Appeal for Ontario (2), ordering a new trial.
After hearing counsel for the parties the court reserved judgment and on a subsequent day, dismissed the appeal, for the reasons given in the judgment from. The Chief Justice was prevented by illness from. taking part in the judgment.
Appeal dismissed with costs. Leitch Q. C. for the appellant.
Shepley Q.C. and French Q.C. for the respondent. :-Sir .0:2
ACTION - Gorernment railway - Injury I ACTION-Continted.
Act rt nploe
Lor
Capel'
AC.rt15 that ight 0. - Exoneration from liability - S.
Art. Conanted nte statute to rsmivel Canadian Raildistinguished.-An
Reiftamn auce, that Held, froi ofan ate ave efer that the machine which essential, Aani icipol taxes
By laCs- that Voluntary payment recover bar patent paid Corporat ion.] Held, that uniipal fr hineci the caveat ans hyeue y thean the of R.8Q.B.
5-- Sreayseip
Conditional wtarratya of Goods-A rt. del 3--Condition precedent
Allegation of per.
formance-Burden of proof-Wairer anre policy.]
afteriards
4-Contract Sale patentPeture inprovemnets--Money had and receired.] Held, that conition an that 8Q
[S. C. R. VoL. XXX. ACTION-Continued.
I ACTION-Coninued.
6--Married woman-Comm iunity-Personal such premises would not support the injuries-Right of action-Pleading-Exception petitory action, the could not & la forme-Arts. 0. P.
proprietary rights which not himself Text.)-Appeal--Questions of procedure.] The right and
Separate property belongs exclusively to her husband and wife- Married woman's property Acts (A'S.) Action rife against husband.] her husband.-Vhere it appears upon the a promissory note indorsed to the maker's writ sued the latter lir husband. that right that laforme.
10--Prescription -Arts. P
/ at suPplied court of its motion-Reserca- Queen's Bench, P. R. 1, over-ruled the o mtfs, msion-Interruptin prescription- oation a.lfs lt
Co.
410injuries nt 7--Plodge-Lien-Art. C.-Interven- the defendant to plead the limitation but 7--Pegod tion-Factor.] Where coinsignment thy reainno ongr has been' sold and they remain no longer in f action-The tort 441limited action this nature there bt 8--Lease- Transfer of lease-Title landfor rent-Emphyteusis-Bail
Bai onuesanne~
Drit oblie
Cnu-once lative demand-Incompatible pleadintgs-A ction pdtitoire-Arts. C.-Arts.
injry -Rdintegrande-De'nonciation de nourelcurre.] I
Upon award-R. S. 0. 121improremcnts-Dctcntion of san-logs at drive-Gonstruction ofstatute
(Jotract--Constrnction of railicay-Certiftcate engineer-Condition precedent rent
The premises were transferred the 13--For damages-Ecidence-Misdircctionie trial-60 s.370 title
For penalties
Plea ultra statute Judgment other grounds Jurisdiction of Supreme Court Canada that le that
Judgment creditor-Shareholder-Transof shares-Eidence
& title instituting a petitory action his name. ACQUIESCEMENT
Held, that the transrfe the deed