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Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia
Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia Author:Alexander James Subtitle: Including Also the General Rules of Court, and Reports of Several Miscellaneous Cases in the Superior Courts ... Vol. I, Commencing Michaelmas Term, 1853, and Ending Easter Term, 1855, Inclusive General Books publication date: 2009 Original publication date: 1855 Original Publisher: James Barnes Subjects: Law reports, digests, etc ... more » Law / General Law / Reference Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: The Court thought the plaintiff's affidavit insufficient, as it should have stiited expressly that he was accidentally misled as to the time of the trial, and that he had really intended to proceed with the cause. Rule discharged. McGILVRAY v. GIBBONS. November 21. This was an action of trespass against the Sheriff of the county of Cape Breton, for taking a horse alleged to be the property of the plaintiff" Plea -- not guilty. The cause was tried at Sydney in last June Term before Desbarres, , J., and a verdict given for the plaintiff, which the defendant obtained a rule to set aside. It appeared that the horse was taken by the Sheriff for a debt due by the plaintiff's father, to whom the horse had formerly belonged, and who, it appeared, had transferred the horse some time previous to the alleged trespass to his son, the plaintiff, for services. W. Johnston now moved to make the rule for a new trial absolute, on the ground that the assignment to the plaintiff from his father was fraudulent ; that there was therefore no property in him, and that therefore the verdict in his favor was against law and evidence. Upon reading the minutes, it appeared that the defendant had not proved the judgment or execution against the plaintiff's father, under which the horse was taken out of the plaintiff's pos...« less