The New South Wales Law Reports, 1880-1900, 13. köideC.F. Maxwell, 1892 |
From inside the book
Results 1-5 of 61
Page 20
... trial the plaintiff's title was admitted , and a verdict entered for him , subject to the opinion of the Court , upon the following point of law , viz : -That Samuel Thorley , by his will , dated the 27th of May , 1821 , as the ...
... trial the plaintiff's title was admitted , and a verdict entered for him , subject to the opinion of the Court , upon the following point of law , viz : -That Samuel Thorley , by his will , dated the 27th of May , 1821 , as the ...
Page 34
... TRIAL MOTION . Action against the defendant borough for trespass for pulling down and removing a house of the plaintiff in Young . Pleas : 1. Not guilty . 2. Not possessed . 3. Justification under s . 117 of the Municipalities Act ...
... TRIAL MOTION . Action against the defendant borough for trespass for pulling down and removing a house of the plaintiff in Young . Pleas : 1. Not guilty . 2. Not possessed . 3. Justification under s . 117 of the Municipalities Act ...
Page 35
... trial to add a rejoinder that irrespective of any encroachment upon a MACKENZIE street the building was a nuisance which the defendants were entitled to abate . It was admitted at the trial that the buildings had been removed by order ...
... trial to add a rejoinder that irrespective of any encroachment upon a MACKENZIE street the building was a nuisance which the defendants were entitled to abate . It was admitted at the trial that the buildings had been removed by order ...
Page 59
... trial of the action , Manning , J. , ordered the plea to be struck out . Mann , in support of the rule . This plea is pleaded for the purpose of avoiding circuity of action . It is clear that Roberts could not have sued the defendant on ...
... trial of the action , Manning , J. , ordered the plea to be struck out . Mann , in support of the rule . This plea is pleaded for the purpose of avoiding circuity of action . It is clear that Roberts could not have sued the defendant on ...
Page 66
... TRIAL MOTION . This was an action of trover to recover certain sewing machines . The defendants ( amongst other pleas ) pleaded not possessed , and set up that these sewing machines had been assigned by the plaintiff to trustees for the ...
... TRIAL MOTION . This was an action of trover to recover certain sewing machines . The defendants ( amongst other pleas ) pleaded not possessed , and set up that these sewing machines had been assigned by the plaintiff to trustees for the ...
Common terms and phrases
action affidavit agreement alleged amount ANGLO appears application Attorney Attorney-General AUSTRALIAN Balranald bank bankruptcy betting houses bill Bruce Smith C.J. Eq cablegram called caveat certificate CHIEF JUSTICE claim colony common conditional purchase contract costs Court Court of Equity creditors Crown Lands Act deed defendant depositors directors Dubbo England entitled evidence fact fraud give ground Gunthorp held holder Honour Hotel Company Innes insolvent INVESTMENT issue judgment Julian Salomons jury KILKIVAN Land Company lease liabilities Lingen liquidator maizena matter Melbourne memorandum of association MUNICIPAL Niebel notice object old company Onslow opinion OWEN paid parties payment person Pitt Town plaintiff plea possession prisoner proceedings question referred refused registered resolution respect respondent says shareholders shares shew Solicitors South Wales Stephen suit Sydney testator Thomas Welbourne THORLEY trade mark trial trustees ultra vires Windeyer words
Popular passages
Page 46 - ... if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy to consider — that you are not lightly to interfere with this freedom of contract.
Page 44 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
Page 248 - ... assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any...
Page 185 - 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...
Page 98 - Act, in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money or property, shall bo deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages,...
Page 184 - 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 152 - ... and is hereby empowered either to direct that the judgment, decree, order, or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal...
Page 219 - This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires.
Page 11 - ... unhesitating and unqualified adhesion. But the decision in that case has no application to the present. The position, that an order of the House of Commons cannot render lawful that which is contrary to law, still less that a resolution of the House can supersede the jurisdiction of a court of law by clothing an unwarranted exercise of power with the garb of privilege, can have no application where the question is, not whether the act complained of, being unlawful at law, is rendered lawful by...
Page 12 - Whatever disadvantages attach to a system of unwritten law, and of these we are fully sensible, it has at least this advantage, that its elasticity enables those who administer it to adapt it to the varying conditions of society, and to the requirements and habits of the age in which we live, so as to avoid the inconsistencies and injustice which arise when the law is no longer in harmony with the wants and usages and interests of the generation to which it is immediately applied.