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Cushing V. Dupuy
''Cushing v Dupuy'' is a Canadian constitutional law case decided by the Judicial Committee of the Privy Council, at that time the highest court of appeal for the British Empire, including Canada. The case was on appeal from the courts of Quebec, and dealt with the following issues: :* the federal jurisdiction over insolvency law in Canada, :* when appeals as of right to the Privy Council can be excluded by a local legislature, and :* how the royal prerogative may properly be ousted by statute. It was also notable for holding that, though the Privy Council would only exceptionally depart from its own previous decisions, it was not bound by them. Background On 19 July 1877, the brewing company McLeod, McNaughten and Léveillée became insolvent, and Louis Dupuy became its official assignee under a writ of attachment in insolvency. Charles Cushing, a notary, produced a contract of sale executed as a notarial instrument dated 14 March 1877, by which the firm had agreed to se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Sale
A contract of sale, sales contract, sales order, or contract for sale is a legal contract for the purchase of assets (goods or property) by a buyer (or purchaser) from a seller (or vendor) for an agreed upon value in money (or money equivalent). An obvious ancient practice of exchange, in many common law jurisdictions, it is now governed by statutory law. See commercial law. Contracts of sale involving goods are governed by Article 2 of the Uniform Commercial Code in most jurisdictions in the United States and Canada. However in Quebec, such contracts are governed by the Civil Code of Quebec as a nominate contract in the book on the law of obligations. In some Muslim countries it is governed by sharia (Islamic law); however, many Muslim countries apply other law to contacts (e.g. the Egyptian Civil Code, based on the Napoleonic Code, which beyond its application in Egypt serves as the model for the civil codes of several other Arab states). A contract of sale lays out the te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenelm Edward Digby
Sir Kenelm Edward Digby, (9 September 1836 – 21 April 1916) was a British lawyer and civil servant. He was Permanent Under-Secretary of State at the Home Office from 1895 to 1903. Biography Digby was born in Wotton-under-Edge in Gloucestershire, England, the son of Hon. and Revd. Kenelm Henry Digby (1811–1891) and his wife Caroline. The Digby county family, established in Dorset, had a history of public service. The Revd. Kenelm Henry Digby was the younger brother of Jane Digby and of Edward Digby, 9th Baron Digby. Digby went to school at Blakeney in Norfolk and then Harrow School in north-west London. He graduated in 1859 from Corpus Christi College Oxford, and was called to the bar by Lincoln's Inn in 1865. From 1868 to 1875 he taught at Oxford University, and published ''An Introduction to the History of the Law of Real Property'' in 1875, which soon became a standard textbook. He was a strong supporter of Gladstonian Liberalism and believed in "the greater importa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bar Of Quebec
The Bar of Quebec (french: Barreau du Québec) is the regulatory body for the practice of advocates in the Canadian province of Quebec and one of two legal regulatory bodies in the province. It was founded on May 30, 1849, as the Bar of Lower Canada (french: Barreau du Bas-Canada, links=no). History The beginnings of the Quebec Bar go back to 1693 when, as a Royal Province of the French colonial empire, ''Canadien'' advocates first tried to obtain official recognition and were refused by Governor Louis de Buade de Frontenac, who upheld the 1678 edict by the Sovereign Council denying recognition of the legal profession in New France. At that time, legal advocacy was carried out largely at the local level by an elected '' syndic'', who would normally have had some education if not in the legal profession specifically, the Provost of Quebec (equivalent to an attorney general) being the only person required to have obtained formal legal education and training during that period in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Peers Davidson
Sir Charles Peers Davidson (January 1841 – January 29, 1929) was a Canadian lawyer and judge. Born in Huntingdon, Lower Canada to Capt. Alexander Davidson and Marion Peers, Davidson was educated at McGill University where he received a Bachelor of Arts degree in 1863, a Master of Arts degree in 1867, a Bachelor of Civil Law degree in 1873, and a D.C.L. in 1875. He was awarded an honorary LL.D. from McGill in 1912. He was appointed to the Quebec Bar in 1864 and was made a Queen's Counsel in 1876. Charles fathered seven children by his wife, Alice Harriet Mattice (aunt to the namer of Mattice-Val Côté), including Cam and Shirley Davidson (who both won the Stanley Cup) and Thornton Davidson. Tragically both Shirley and Thornton would die by drowning, in 1907 and 1912, respectively — the latter in the RMS ''Titanic'' disaster, drowning with his father-in-law, Charles Melville Hays. Thornton's wife, Orion Hays (later Hickson) (1884 - 1979), survived the 1912 shipwreck, la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pledge (law)
A pledge is a bailment that conveys possessory title to property owned by a debtor (the ''pledgor'') to a creditor (the ''pledgee'') to secure repayment for some debt or obligation and to the mutual benefit of both parties. The term is also used to denote the property which constitutes the security. The pledge is a type of security interest. Pledge is the ''pignus'' of Roman law, from which most of the modern European-based law on the subject is derived, but is generally a feature of even the most basic legal systems. It differs from hypothecation and from the more usual mortgage in that the pledge is in the possession of the pledgee. It is similar, however, in that all three can apply to personal and real property. A pledge of personal property is known as a pawn and that of real property is called an antichresis. In earlier medieval law, especially in Germanic law, two types of pledge existed, being either possessory (cf. Old English ''wed'', Old French ''gage'', Old High Germ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ulric-Joseph Tessier
Ulric-Joseph Tessier (May 3, 1817 – April 7, 1892) was a Quebec lawyer, judge, seigneur, and politician who was a member of the Senate of Canada representing the Gulf division from 1867 to 1873 and served as mayor of Quebec City from 1853 to 1854. He was born Joseph-Ulric Tessier in Quebec City in 1817 and studied at the Petit Séminaire de Québec. He articled in law with Hector-Simon Huot and was admitted to the bar in 1839. Tessier was elected to city council in 1846. The following year, he married Marguerite-Adèle Kelly, heiress to the seigneury of Rimouski. In 1851, he was elected to the Legislative Assembly of the Province of Canada for Portneuf. He helped found the North Shore Railway in 1853 and, in 1858, the Banque Nationale, serving as its first president. He was part of a group that lobbied for Quebec City as the capital of Canada in London in 1857. Tessier was a professor in the faculty of law at the Université Laval. In 1858, he was elected to the Legislativ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Cross (Canadian Judge)
Sir Alexander Cross, 1st Baronet (4 November 1847 – 13 February 1914), was a Scottish politician. He served as the Liberal Unionist MP for Glasgow Camlachie. He was elected in 1892, but towards the end of his time as an MP he defected to the Liberals and lost his seat to the Liberal Unionists in January 1910. On 5 July 1912 he was created a Baronet, of Marchbank Wood in the Parish of Kilpatrick Juxta in the County of Dumfries and of the City of Glasgow Glasgow City Council is the local government authority for the City of Glasgow, Scotland. It was created in 1996 under the Local Government etc. (Scotland) Act 1994, largely with the boundaries of the post-1975 City of Glasgow district of the S ..., this title was held by the Cross Baronets until it became extinct in 1963. References External links * Members of the Parliament of the United Kingdom for Glasgow constituencies 1847 births 1914 deaths Liberal Unionist Party MPs for Scottish constituen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antoine-Aimé Dorion
Sir Antoine-Aimé Dorion (January 17, 1818May 31, 1891) was a French Canadian politician and jurist. Early years Dorion was born in Ste-Anne-de-la-Pérade into a family with liberal values that had been sympathetic to the Patriotes in 1837–1838. His father, merchant Pierre-Antoine Dorion, was a representative of the Patriote party in the Legislative Assembly of Lower Canada from 1830 to 1838. After studies at the Nicolet seminary from 1830 to 1837, in his twenty-second year went to Montreal to read law with Côme-Séraphin Cherrier, an eminent lawyer with whom he retained a lasting friendship. On the 6th of January 1842 he was admitted to the bar of the province, became the partner of M. Cherrier, and in the course of a few years attained the highest rank in his profession. Political rise Dorion descended from a Liberal family which from early days had supported the Reform party in Canada. In addition to his father, his maternal grandfather represented the county of Sain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Superior Court
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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