The New South Wales Law Reports, 1880-1900, 21. köideC.F. Maxwell, 1900 |
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Page 2
... jury in favour of the appellants , and directing a new trial . The question between the parties is exclusively one of the admissibility of certain evidence . On the 22nd January , 1894 , an interview took place between the respondent ...
... jury in favour of the appellants , and directing a new trial . The question between the parties is exclusively one of the admissibility of certain evidence . On the 22nd January , 1894 , an interview took place between the respondent ...
Page 3
... jury . The respondent gave evidence and stated his version of what took place at the interview of the 22nd January , 1894 , and of the intention of the parties . Mr. Chapman was called by the bank , and gave his version of what had ...
... jury . The respondent gave evidence and stated his version of what took place at the interview of the 22nd January , 1894 , and of the intention of the parties . Mr. Chapman was called by the bank , and gave his version of what had ...
Page 4
... jury had retired ) , respon- dent's counsel asked the learned Judge to construe the letter of BANK OF N.Z. the 23rd January , and direct a verdict for the respondent . The learned Judge declined , and the jury gave a verdict for the ...
... jury had retired ) , respon- dent's counsel asked the learned Judge to construe the letter of BANK OF N.Z. the 23rd January , and direct a verdict for the respondent . The learned Judge declined , and the jury gave a verdict for the ...
Page 6
... jury . The weight and import of the evidence were for the jury to consider , and their verdict in favour of the present appellants is decisive of the view they took as to the effect of it . In the opinion of their Lordships there are no ...
... jury . The weight and import of the evidence were for the jury to consider , and their verdict in favour of the present appellants is decisive of the view they took as to the effect of it . In the opinion of their Lordships there are no ...
Page 13
... jury - box . It is obvious to me that public officers connected with the gaols of the colony could not discharge their duty freely if the Government and they themselves were not protected by a positive rule of law from being harassed by ...
... jury - box . It is obvious to me that public officers connected with the gaols of the colony could not discharge their duty freely if the Government and they themselves were not protected by a positive rule of law from being harassed by ...
Common terms and phrases
action administration affidavit agreement alleged ammunition amount appeal application appointed arbitration Attorney bank breach C.J. Eq C.J. in Eq CHIEF JUSTICE claim Cohen colony Commissioners common law contended contract conviction costs Court Court of Equity covenant Cowan creditors Crown David Austin debt decision declaration decree deed defendant District entitled equity of redemption evidence executed executors fact G. B. Simpson give given Government grant ground held Hitchcock Honour income interest James Tyson Jimmy Governor Judge judgment Julian Salomons jurisdiction jury land lease liable license liquor Lord Luhrig matter ment miners Miss Jenkins mortgage mortgagor notice officer official assignee opinion Owen paid parties payment person plaintiff principle proceedings provides purchase question referred respondent rule says sell shew solicitor South Wales statute statute of Anne Stephen sub-s suit Sydney testator tion trustees verdict Walker wife words
Popular passages
Page 12 - Signed, sealed, published and declared by Phillip Tarr, the above named testator, as and for his last will and testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed Our Names as Witnesses thereto.
Page 58 - ... and they have been acquiesced in on both sides. These rules are two : the first, that the onus probandi lies in every case upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so propounded is the last will of a free and capable testator.
Page 349 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 173 - Case may be, not only to the Value of the Land to be purchased or taken by the Promoters of the Undertaking, but also to the Damage, if any, to be sustained by the Owner of the Lands, by reason of the severing of the Lands taken from the other lands of such Owner, or otherwise injuriously affecting such other Lands by the Exercise of the Powers of this or the special Act, or any Act incorporated therewith.
Page 141 - A fair account of what takes place in a court of justice is privileged. The reason is, that the balance of public benefit from publicity is great. It is of great consequence that the public should know what takes place in court; and the proceedings are under the control of the judges. The inconvenience, therefore, arising from the chance of injury to private character is infinitesimally small...
Page 211 - The principle is this : a mortgage is a conveyance of land or an assignment of chattels as a security for the payment of a debt, or the discharge of some other obligation for which it is given.
Page 34 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 188 - The appointment of all public offices under the Government of the Colony hereafter to become vacant or to be created whether such offices be salaried or not shall be vested in the Governor with the advice of the Executive Council with the exception of the appointments of the Officers liable to retire from office on political grounds as hereinafter mentioned which appointments shall be vested in the Governor alone...
Page 47 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash, unless the same shall have been otherwise determined by a contract duly made in writing, and filed with the Registrar of Joint Stock Companies at or before the issue of such shares.
Page 58 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is at most a suspicious circumstance of more or less weight, according to the facts of each particular case...