The Australian Law Times, 8. köideCharles F. Maxwell, 1887 |
Other editions - View all
Common terms and phrases
action adultery affidavit alleged amended amount Ann Knight appeared Application on behalf bill of exchange bill of sale charge claimant contended contract costs council counter-claim County Court creditors damages debt debtor decision defendant defendant's delivered entitled evidence fact filed Full Court garnishee given granted ground HIGINBOTHAM Holroyd HONOR indorsed Insolvency Statute 1871 interpleader issue joinder of issue judgment judgment debtor June jurisdiction jury justices Kerferd land learned judge liable Licensing lodged Melbourne ment notice objection obtained offence opinion order nisi Order XIX owner paid party payment person petitioner plaintiff pleadings premises prisoner probate proceedings promissory note proved question recover refused registered respondent rule nisi Rules of Supreme sequestration shire show cause SIR BRYAN O'LOGHLEN solicitor statement of claim Supreme Court 1884 tion transfer trial trustee verdict wife Williams words writ writ of summons
Popular passages
Page 84 - The rules of evidence observed in the superior courts of common law at Westminster shall be applicable to and observed in the trial of all questions of fact in the court.
Page 98 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him: for the law will presume the fact to have been founded in malice until the contrary appeareth.
Page 74 - Where the time for doing any act or taking any proceeding expires on a Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken, if done or taken on the day on which the offices shall next be open.
Page 95 - No order made by the High Court of Justice or any Judge thereof, by the consent of parties, or as to costs only, which by law are left to the discretion of the Court, shall be subject to any appeal, except by leave of the Court or Judge making such order.
Page 126 - ... shall include the person for the time being receiving or entitled to receive the rents and profits of any lands within any municipality, whether on his own account or as agent, trustee, or attorney for another person.
Page 91 - No cause of action shall, unless by leave of the court or a judge, be joined with an action for the recovery of land, except claims in respect of mesne profits or arrears of rent or double value in respect of the premises claimed, or any part thereof, and damages for breach of any contract under which the same or any part thereof are held, or for wrong or injury to the premises claimed.
Page 184 - It extends to all communications made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, to a person having a corresponding interest or duty.
Page 140 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of...
Page 190 - ... and, in my view, the Court ought not to adopt one which would mean that a person is called...
Page 188 - Expenses refuses to come before the Court at the time appointed, having no lawful Impediment (made known to the Court at the Time of its sitting, and allowed by it), the Court may cause such Person to be apprehended, and brought before the Court for Examination...