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The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 40

The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 40


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About the Book

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. 1907 edition. Excerpt: ... for such companies helps out this construction. The two Acts have sections dealing with the same subject, but differing in detail. To avoid conflict, the construction I have suggested should be adopted. There is nothing in the later Act which would enable a court to say that when the respective provisions of the two Acts are in conflict, those of the earlier Act are to give wav. On the contrary, it is expressly provided that the provisions of the earlier Act are to be conditions and regulations of the company, as if they were contained in a memorandum and articles of association. No provision of a statute is to bo altered, and if the provision of the later Act aro to give way, why bring the company under the earlier Act? In the case of a special Act of incorporation in our Province there are not found such elaborate provisions for working as are found in the Companies Act, and, therefore, the reasoning I have cited would not apply so forcibly, and would admit of the special Act prevailing. In my opinion, the plaintiff company is entitled to judgment for nominal damages, say, $1 and costs, and to have the books given up to the directors of the company. Wait Et Al V. Logan Et Al. Before Kitchik, Townshend, Graham and Meagher, JJ. Plaintiffs sued in trover and detinue for certain articles to which they claimed to be entitled as administrators of the estate of G. B. The defendants were husband and wife, the latter being a daughter of O. B. They pleaded that the chattels belonged to them and. alternatively, belonged to each of them. At the close of the plaintiffs' case the trial judge dismissed the action as against the female defendant, out refused to give her costs, for three reasons, --(i) Because she had claimed to own the personal...


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Product Details
  • ISBN-13: 9781153857062
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1153857065
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 453 gr


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The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 40
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