Les recueils de jurisprudence du Québec, publiés par le Barreau de Québec: Cour supérieure, Volume 1

Front Cover
 

Contents

Service of a writ of summons after seven oclock in the evening
55
the conjugal domicile is liable to the husband in damages
59
ÉLECTION MUNICIPALE Suite
66
Vide RESPONSABILITÉ 492
76
La Cité de Montréal
78
Ross et al v Perras 470
80
Vide AUTORISATION MARITALE 245
89
Vide DÉSAVEU 129
93
White
94
Ste Cunégonde cité de
96
Compagnie des Chars Urbains
103
LIBELLESuite
106
Montréal cité de Lanctot v
118
PROCEDURESuite
126
Langelier et al Fortier v 323
127
Tellier et al v Fournier
131
Une règle contre un gardien demandant quil soit empri
132
Arbec Lamarre v
134
Trudeau Leclaire v
138
Vide RESPONSABILITÉ 307
139
Corporation de Laprairie
143
Banque JacquesCartier v Gag
151
Vide ELECTION MUNICI
161
by the deputy returning officer Rejected McShane Ville
162
St Georges Society of Mont
169
no authority to give an order permitting such service Fraser v
175
Vide DAMAGES 476
179
Vide PRIVILEGE 333
185
Lebel èsqualité v Larochelle 512
189
Daignault et al Larocque v
206
It is not necessary for a party contesting a collocation to show
211
Mitchell
215
Lavocat dûment autorisé du demandeur ès
217
ACTIONSuite
221
sans larticle 341 du code municipal serait de la juridiction de
230
Un écrit nest pas libelleux qui ne fait que publier un fait vrai
235
Vide VENTE À LESSAI 423
237
PREUVESuite
251
Lallier
253
In an action under the Montreal City
256
Vide PATERNITY
261
Vide SHERIFFS SALE
271
Nadeau Chevalier v 420
273
Paquette
293
Depatie et al v Barré
305
Malone et al McGrillis v
309
Courville
310

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Page 345 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Page 342 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.
Page 347 - When the British North America Act enacted that there should be a legislature for Ontario, and that its legislative assembly should have exclusive authority to make laws for the Province and for provincial purposes in relation to the matters enumerated in...
Page 271 - The first, that the onus probandi lies in every case upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so propounded is the last will of a free and capable testator.
Page 113 - Where a stamp duty upon transactions of purchase and sale is payable, there may be special arrangements between the parties determining who shall bear it. The question whether it is a direct or an indirect tax cannot depend upon those special events which may vary in particular cases; but the best general rule is to look to the time of payment ; and if at the time the ultimate incidence is uncertain, then, as it appears to their Lordships, it cannot, in this view, be called direct taxation within...
Page 116 - In performing this difficult duty, it will be a wise course for those on whom it is thrown to decide each case which arises as best they can, without entering more largely upon an interpretation of the statute than is necessary for the decision of the particular question in hand.
Page 47 - A direct tax is one which is demanded from the very persons who, it is intended or desired, should pay it. Indirect taxes are those which are demanded from one person in the expectation and intention that he shall indemnify himself at the expense of another : such as the excise or customs.
Page 96 - To us it seems clear that the principles on which the publication of reports of the proceedings of Courts of justice have been held to be privileged apply to the reports of parliamentary proceedings. The analogy between the two cases is in every respect complete. If the rule has never been applied to the reports of parliamentary proceedings till now we must assume that it is only because the occasion has never before arisen. If the principles which are the foundation of the privilege in the one case...
Page 114 - Fawcett, who, after giving his tests of direct and indirect taxation, makes remarks to the effect that a tax may be made direct or indirect by the position of the taxpayers or by private bargains about its payment. Doubtless, such remarks have their value in an economical discussion. Probably it is true of every indirect tax that some persons are both the first and the final payers of it; and of every direct tax that it affects persons other than the first payers; and the excellence of an economist's...
Page 343 - Even an Act of Parliament made against natural equity, as to make a man judge in his own case, is void in itself: for jura naturae sunt immutabilia, and they are leges legum.

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