The Practice of the Supreme Court of New South Wales at Common Law: Including the Common Law Procedure Act, 1899, and Other Acts Relating to the Subject, Together with the General Rules of Court, Edited with Notes and IndexLaw Book Company of Australasia, 1903 - 512 pages |
From inside the book
Results 1-5 of 100
Page 22
... obtained by the defendant to show cause why that order should not be rescinded , made an affidavit that orders were given in this country by certain persons who were afterwards recognised by the defendant , in certain conversations ...
... obtained by the defendant to show cause why that order should not be rescinded , made an affidavit that orders were given in this country by certain persons who were afterwards recognised by the defendant , in certain conversations ...
Page 29
... obtained from the court or a judge . In order to obtain such leave , the plaintiff should show by affidavit that ... obtained against the other defendant or defendants not appearing , in which case the judgment so obtained against the ...
... obtained from the court or a judge . In order to obtain such leave , the plaintiff should show by affidavit that ... obtained against the other defendant or defendants not appearing , in which case the judgment so obtained against the ...
Page 31
... obtained on summons , not ex parte : Redgate v . Churchwood , ( 1881 ) T.T.R , 44. It is sufficient prima facie for the applicant to state in his affidavit that " injustice will not be done " by the amendment : Lanagan v . Magill ...
... obtained on summons , not ex parte : Redgate v . Churchwood , ( 1881 ) T.T.R , 44. It is sufficient prima facie for the applicant to state in his affidavit that " injustice will not be done " by the amendment : Lanagan v . Magill ...
Page 42
... obtained barring the defendant from setting up the loss of the cheque on plaintiff giving an indemnity , a demurrer on the ground of want of presentation was struck out as in contravention of the judge's order , although it was held ...
... obtained barring the defendant from setting up the loss of the cheque on plaintiff giving an indemnity , a demurrer on the ground of want of presentation was struck out as in contravention of the judge's order , although it was held ...
Page 46
... obtained leave from a judge to proceed . He proceeded without filing a declaration , and obtained judgment . It was held that such judgment was an irregu larity and not a nullity , and on an application to set such judgment aside , held ...
... obtained leave from a judge to proceed . He proceeded without filing a declaration , and obtained judgment . It was held that such judgment was an irregu larity and not a nullity , and on an application to set such judgment aside , held ...
Common terms and phrases
admission admitted affidavit aforesaid allowed amended amount appear application appointed arbitrator articled clerk attorney bail bill cause of action certificate Circuit Court claim claimant clerk Commissioner Common Law concurrent writ consent consolidated copy costs Court or Judge damages debt declaration default defendant demurrer District Court documents Dowl ejectment entered entitled Equity evidence examination execution fees filed garnishee given granted held hereby Ibid interpleader issue judgment debtor jurisdiction jurors jury Justice leave matter ment notice oath officer paid party payment person Petition plaintiff plea plea in abatement pleaded Privy Council proceed proceedings Prothonotary Provided Railway record recovered refused Registrar repealed residence respect rule nisi Schedule served Sheriff sign judgment Solicitor South Wales Statute sued supra Supreme Court sworn Sydney taxation taxed tenant therein thereof thereto thinks fit tion trial unless verdict witness writ of summons
Popular passages
Page 400 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 172 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 222 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable by action, or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach, and the lessee NOB.
Page 222 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit...
Page 307 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; videlicet, " I, AB, do...
Page 162 - We command you, that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause...
Page 177 - ... requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge, conveniently be made before a jury...
Page 174 - To administer oaths to or take the affirmations of the parties and witnesses appearing ; and (b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court ; and (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Page 180 - The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
Page 315 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.