The New South Wales Law Reports, 1880-1900, 4. köideC.F. Maxwell, 1883 |
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Common terms and phrases
acres Act of Parliament action agreement Alfred Stephen alleged ANDERSON appears application attorney authorised authority bill of lading breach cattle cause charge Chief Justice claim colony common law conditional purchase consignee contract costs Court Court of equity Crown damages Darley decision declaration defamatory defendant defendant's duty enacts entitled equity evidence fact FAIRFAX false pretence FAUCETT given granted ground Honour INNES insolvency intended judgment jury land lease Legislature liable libel locomotive MARTIN matter ment mortgage newspaper Northampton obtained opinion owner paid parties payment person plaintiff plea Pokorney possession Primary Judge privilege Privy Council proceedings provisions question Railway Act referred Rule nisi Russell Shelley SIR G slander solicitor South Wales statement statute steam motors Sydney Sydney Morning Herald Taff Vale Railway taken tion TOOHEY tramway trespass trial trustees verdict Vict Weifert Windeyer witness words
Popular passages
Page 164 - If the person sought to be taxed comes within the letter of the law, he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand, if the Crown, seeking to recover the tax, can not bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be.
Page 2 - Provided always, that the Court shall not be bound to pronounce such decree if it shall find that the petitioner has during the marriage been guilty of adultery...
Page 209 - For the law will not permit a man to recover damages in respect of an injury to a character which he either does not, or ought not, to possess.
Page 76 - ... being marked and numbered as in the margin, and to be delivered (subject to the exceptions and conditions hereinafter mentioned) in the like good order and condition...
Page 211 - A line must be drawn between criticism upon public conduct and the imputation of motives by which that conduct may be supposed to be actuated. One man has no right to impute to another, whose conduct may be fairly open to ridicule or disapprobation, base, sordid, and wicked motives, unless there is so much ground for the imputation that a jury shall find, not only that he had an honest belief in the truth of his statements, but that his belief was not without foundation...
Page 104 - ... it should be fully understood that the •defendant could not legally carry on any part of his business in the public street to the annoyance of the public; that the primary object of the street was for the free passage of the public, and anything which impeded that free passage without necessity was a nuisance...
Page 337 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Page 41 - Plaintiff undertaking [by his counsel or solicitor] to abide by any Order this Court may make as to damages, in case this Court shall hereafter be of opinion that the Defendant shall have sustained any, by reason of this Order, which the Plaintiff ought to pay...
Page 203 - ... that the person proposing the scheme is doing it from a base and sordid motive, and is putting forth a list of fictitious subscribers, in order to delude others to subscribe, it cannot be said to be within the limits of fair criticism. If comment is beyond the limits of fair criticism it becomes a libel.
Page 24 - Executors and administrators are the representatives of the temporal property, that is, the debts and goods of the deceased, but not of their wrongs, except where those wrongs operate to the temporal injury of their personal estate.