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Kennedy, J.@mdashThe present suit is brought against the mortgagor and the first auction-purchaser to enforce the lien created by the mortgage bond against these lands. 2. The difficulty in which the plaintiff has been…
Jackson, J.@mdashThe lower Appellate Court dismissed the appeal of the plaintiff, and, it may be said, virtually dismissed his suit, on the ground that notice--that is to say, formal written notice--of dishonour had not…
L.S. Jackson, J.@mdashIt appears to us that the objection taken during the argument of this special appeal, although it was not taken in the memorandum of appeal, is a valid objection to the decision. The facts of this …
Kemp, J.@mdashThe decree-holder is the special appellant in this case. The question is, whether the application which was made on the 19th of June 1875, is within time or not. The Judge of Tipperah has held that it is n…
Kennedy, J.@mdashThe general principle seems well settled that the existence of an unstamped promissory note does not prevent the lender of money from recovering on the original consideration, if the pleadings are prope…
Kemp, J.@mdashWho was of opinion that the cases quoted conclusively showed that an appeal could not be maintained.
Kemp, J.@mdashThe pleader for the special appellant refers to Bagram v. Wise 1 B.L.R. F.B. 91 and contends that the finding of the Judge is wrong. In that case the late learned Chief Justice, Siv Barnes Peacock, who del…
L.S. Jackson, J.@mdashAgainst the latter part of the judgment the plaintiff appealed to the District Court, and the effect of the District Judge''s judgment was this--that although the defendant might have held this lan…
Richard Garth, C.J.@mdashWe think that this appeal should be decreed. The facts of the case are correctly stated in the decision of Mr. Justice Ainslie; and we quite agree with that learned Judge, that before the plaint…