Reports of Cases Argued and Determined in the Supreme Court of Victoria, 3. köideSands and McDougall, 1867 |
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Page 9
... as admitted for the purpose of giving the plaintiff the specific relief sought , and he cannot at the hearing obtain a dif- ferent decree to that asked by the prayer . 1866 . HENDERSON v . ELLIS . Argument . Judgment CASES IN EQUITY . 9.
... as admitted for the purpose of giving the plaintiff the specific relief sought , and he cannot at the hearing obtain a dif- ferent decree to that asked by the prayer . 1866 . HENDERSON v . ELLIS . Argument . Judgment CASES IN EQUITY . 9.
Page 10
... decree for payment of the £ 32 balance admitted to be due , and of the sum of £ 500 , the difference between the price at which her interest was sold and its value as alleged in the bill , and deposed to by the affidavits , and of the ...
... decree for payment of the £ 32 balance admitted to be due , and of the sum of £ 500 , the difference between the price at which her interest was sold and its value as alleged in the bill , and deposed to by the affidavits , and of the ...
Page 11
... decreed against the vendor and a purchaser with notice of the agree ment , al- though the purchaser had obtained and registered her conveyance and the plaintiff's agreement was unregis- tered . Mr. Holroyd for the Plaintiff . - The ...
... decreed against the vendor and a purchaser with notice of the agree ment , al- though the purchaser had obtained and registered her conveyance and the plaintiff's agreement was unregis- tered . Mr. Holroyd for the Plaintiff . - The ...
Page 17
... decree for the Plaintiff with costs against Zeven and James Mooney . I collect from the evidence that Mrs. Mooney has paid off the mortgage with part of the purchase - money , but the legal estate has not been conveyed to her or her ...
... decree for the Plaintiff with costs against Zeven and James Mooney . I collect from the evidence that Mrs. Mooney has paid off the mortgage with part of the purchase - money , but the legal estate has not been conveyed to her or her ...
Page 18
... decree arose from a misapprehension of the decision at law , and ought not to stand . Semble . - A single judge in equity is not bound by a decision of the Court in banco on a matter of law . under the operation of the abolition . On ...
... decree arose from a misapprehension of the decision at law , and ought not to stand . Semble . - A single judge in equity is not bound by a decision of the Court in banco on a matter of law . under the operation of the abolition . On ...
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Common terms and phrases
affidavit agreement alleged amount appeal application Argument assignment authorised Ballarat bank Bank of Victoria bill block claim borough Brann by-laws Castlemaine certificate clause contract costs Court of Equity Court of Mines covenant creditors Crown Cuningham & Macredie DALLIMORE debt declaration decree deed Defendants district entitled equity evidence executed Footscray frontage claim Geelong given Gold-mining Company Golden Point granted ground held Hervey Insolvent J. W. Stephen Judge Judgment jurisdiction JUSTICE MOLESWORTH Keelan KOH-I-NOOR KOH-I-NOOR COMPANY Lamplough Land Act lease liable license Martley Melbourne ment miner's right miners Mining Statute 1865 notice objection obtained occupation Orders in Council owner paid parties payment person petition Petitioner Plaintiffs possession Privy Council proceedings purchase QUEEN question REGINA rent Respondents rule nisi Sandhurst sequestration shares shew STAWELL suit Suppliant testator tion trustees ultra vires Victoria vult Warden William
Popular passages
Page 78 - order of pro" tection be made the wife shall during the continuance " thereof be and be deemed to have been during such " desertion of her in the like position in all respects with " regard to property as she would be
Page 6 - such ships or vessels have had, and have been used and " accustomed to have, and of right have had, and still of "right ought to have, for themselves and their servants, " the liberty and privilege of loading and placing on the " deck of such ships or vessels a reasonable
Page 78 - tion which she may acquire or which may come to or " devolve upon her and such property may be disposed of " by her in all respects as a feme sole.
Page 96 - and maliciously commit any damage, injury or spoil, " to or upon any real or personal property whatsoever, " either of a public or private nature, for which no
Page 78 - of judicial separation the wife shall from the date of the " decree and whilst the separation continues be considered " as a feme sole with respect to property of every descrip
Page 46 - and that, subject to such servitude, the rights of the occupier continued to exist undiminished over the whole run. But in the view we take of the case, it is not necessary to decide this question.
Page 153 - such as may fairly and reasonably be supposed to have been in the contemplation of the parties at the time the contract was made, as the probable result of its breach.
Page 19 - the same force and effect, to all intents and purposes, "as if no such repeal had taken place
Page 89 - in the name of the company by any person acting under the express or implied authority of the company, the
Page 59 - shall be received in all courts of law and equity as " evidence of the particulars therein set forth, and of their " being entered in the register-book, and shall