The Australian Jurist Reports: Supreme Court of the Colony of Victoria, 1. köideButterworth & Company (Australia) Limited, 1871 |
Contents
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Common terms and phrases
action affidavit agreement alleged allowed amount appeal application assignee attorney Attorney-General Attorneys:-For Ballarat bank bill of sale Board called certificate charge cheque CHIEF claim COMMON LAW contended contract costs Council creditors Crown Crown lands damages debt declaration decree deed defendant defendant's demurrer deposit directors entitled equity evidence execution fact Fellows fendant forfeiture Geelong George Jonas give given grant ground held Higinbotham HONOUR insolvent Jonas Johnson judge judgment jury Justice Barry Justice Molesworth Kyte land lease liability manager Mary Egan matter Melbourne ment mining mortgage nonsuit notice objection officer overdraft paid pany parties payment person plaintiff plea Polynesia Company possession prisoner Privy Council proved purchase question received refused registered respondent road rule absolute Rule nisi Sect shareholders shares showed cause sold solicitor Statute Stawell suit summons tiff tion trustees verdict Williams witness
Popular passages
Page 24 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 166 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 188 - Director, Manager, Public Officer, or Member of any Body Corporate or Public Company, shall, with Intent to defraud, destroy, alter, mutilate, or falsify any Book, Paper, Writing, or valuable Security belonging to the Body Corporate or Public Company...
Page 136 - Times commenting on the debate in the House of Lords, and the conduct of the plaintiff in preferring the petition which gave rise to it. We are of opinion that the direction given to the jury was perfectly correct. The publication of the debate having been justifiable, the jury were properly told the subject was, for the reasons we have already adverted to, pre-eminently one of public interest...
Page 164 - ... rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 180 - That the Defendant falsely and maliciously printed and published of the Plaintiff in a Newspaper called " the Words following ; that is to say, " he is a regular Prover under Bankruptcies...
Page 273 - ... they shall assign of their challenge a cause certain, and the truth of the same challenge shall be inquired of according to the custom of the court...
Page 105 - By sec. 83 it is enacted that, " whosoever, being a director, manager, public officer, or member of any body corporate or public company, shall, with intent to defraud, destroy, alter, mutilate, or falsify any...
Page 56 - No past member shall be liable to contribute to the assets of the company if he has ceased to be a member for a period of one year or upwards prior to the commencement of the winding up : 2.
Page 58 - ... such person had not, at the time when he acquired such title, notice that such writ, or any other writ by virtue of which the goods of such owner...