The Victorian Law ReportsPublished under the direction of the Council of Law Reporting by Charles F. Maxwell, 1920 |
Contents
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Common terms and phrases
affidavit alleged answer appeal application Atkinson Bendigo bill of lading by-law CAMPBELL charge child circumstances claim clause Colhoun Collector of Imposts Commissioners contract conviction costs Counsel referred Court of Petty CUSSEN CUST daughter deceased decision defendant devise duty effect entitled evidence executors expression fact fee simple GEORGE LOHMANN gift given GLASGOW ground heirs HOOD husband intention interest Irvine Judge judgment jurisdiction jury justices land liability limitation Lord Lord Macnaghten magistrates marriage matter meaning Melbourne ment mortgage offence opinion order nisi paid parties payment person petitioner Petty Sessions plaintiff police possession present presumption purchase question reason respect respondent rule rule in Shelley's sexual intercourse Solicitors statement sub-sec sufficient summons supra SUPREME COURT testator testator's tion TRAMWAY transfer trustees Victoria Victorian Railways vult Warrnambool Wensleydale wife William Beatty word issue words of distribution
Popular passages
Page 169 - CD, his executors, administrators, or assigns, interest for the said sum of £ , or for so much thereof as shall for the time being remain unpaid, at the rate of per cent, per annum, by equal half-yearly payments, on the day of in.
Page 693 - Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple or other the whole estate or interest, which the testator had power to dispose of by the will, in such real estate, unless a contrary intention shall appear by the will.
Page 283 - Nor can you deny him compensation on the ground only that he was injured through breaking rules. But if the thing he does imprudently or disobediently is different in kind from anything he was required or expected to do and also is put outside the range of his service by a genuine prohibition, then I should say that the accidental injury did not arise out of his employment.
Page 281 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 11 - Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a Judge on motion or summons without an appeal.
Page 169 - Interest on the said Principal Sum, or on so much thereof as shall from Time to Time remain unpaid, in each Case according to the Terms and Conditions of...
Page 29 - The presumption of law is not lightly to be repelled. It is not to be broken in upon, or shaken by a mere balance of probability. The evidence for the purpose of repelling it must be strong, distinct, satisfactory and conclusive.
Page 526 - Court is to supply the defect by implication, and thus to mould the language of the testator, so as to carry into effect, as far as possible, the intention which it is of opinion that the testator has on the whole will sufficiently declared
Page 35 - ... any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or shall wilfully and with intent to defraud...
Page 530 - In common with all men, I must acknowledge that there are many cases upon the construction of documents in which the spirit is strong enough to overcome the letter ; cases in which it is impossible for a reasonable being, upon a careful perusal of an instrument, not to be satisfied from its contents that a literal, a strict, or an ordinary interpretation given to particular passages, would disappoint and defeat the intention with which the instrument, read as a whole, persuades and convinces him...