The New South Wales Law Reports, 1880-1900, 11. köideC.F. Maxwell, 1890 |
From inside the book
Results 1-5 of 86
Page 13
... defendant advisedly declined to take the 1890 . point that the defendant was not responsible for the total AUSTRALIAN disregard by the officers of the Local Marine Board at Newcastle , and by the Board of the provisions of the 45 Vic ...
... defendant advisedly declined to take the 1890 . point that the defendant was not responsible for the total AUSTRALIAN disregard by the officers of the Local Marine Board at Newcastle , and by the Board of the provisions of the 45 Vic ...
Page 22
... defendant did not agree as alleged . 3. The defendants , as to the residue of the first count , say that it was a term and condition of the said employment of the plaintiff as such architect , that the said plans and specifications ...
... defendant did not agree as alleged . 3. The defendants , as to the residue of the first count , say that it was a term and condition of the said employment of the plaintiff as such architect , that the said plans and specifications ...
Page 25
... defendant's pleading and the defendant's case . ] If the jury are wrong , the defendants have misled them by this payment into Court . Salomons , Q.C. , in reply . The plaintiff claimed 2 per cent . commission on the lowest tender . The ...
... defendant's pleading and the defendant's case . ] If the jury are wrong , the defendants have misled them by this payment into Court . Salomons , Q.C. , in reply . The plaintiff claimed 2 per cent . commission on the lowest tender . The ...
Page 31
... defendants to move the Court to enter the verdict for them , should the Court , on the facts or on the law , think the defendants entitled to such verdict , the Court to have power to draw inference of fact and to give its decision on ...
... defendants to move the Court to enter the verdict for them , should the Court , on the facts or on the law , think the defendants entitled to such verdict , the Court to have power to draw inference of fact and to give its decision on ...
Page 64
... defendant held the stakes . The umpire decided the race against the plaintiff on a foul . The day after the race the defendant received a notice from the plaintiff in the following terms : I hereby protest against your paying over the ...
... defendant held the stakes . The umpire decided the race against the plaintiff on a foul . The day after the race the defendant received a notice from the plaintiff in the following terms : I hereby protest against your paying over the ...
Common terms and phrases
Act of Parliament action agreement alleged appears application arbitration arrest attorney bank bankruptcy bill of sale borough Brown C.J. Eq Canonbar caveat certificate CHIEF JUSTICE circumstances claim clause colony common law conditional purchase consideration constable contended contract conveyance conviction costs Court of equity covenant creditors Crown lands damages debt decision declaration decree deed defendant entitled evidence executed fact favour felon Foster GEORGE INNES give grant ground held Honour insolvent intention issue Judge judgment jurisdiction jury lease letter liability Lingen Lord Marine Board marriage matter mortgage notice official assignee opinion OWEN paid parties partnership payment person plaintiff possession prisoner promissory note Pyers question reason referred refused Registrar-General respondent rule Salomons shares sheriff shew solicitor South Wales statute Stephen Supreme Court testator transfer trial trust verdict William Alison Windeyer Wingello words
Popular passages
Page 327 - 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 their contracts, when entered into freely and voluntarily, shall be held sacred, and Moyers v. Memphis. shall be enforced by courts of justice.
Page 149 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 433 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 38 - I AB do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the Public Health Act, 1848. AB...
Page 21 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Page 399 - The rule has been established by a long series of decisions in modern times that the question of whether covenants are to be held dependent or independent of each other, is to be determined by the intention and meaning of the parties as it appears on the instrument and by the application of common sense to each particular case ; to which intention when once discovered all technical forms of expression must give way.
Page 140 - It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects ; shall understand the extent of the property of which he is disposing ; shall be able to comprehend and appreciate the claims to which he ought to give effect ; and, with a view to the latter object, that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties...
Page 10 - ... is good or bad ; but if they are departing from that power which the law has vested in them ; if they are assuming to themselves a power over property which the law does not give them...
Page 92 - That all laws and statutes in force within the realm of England at the time of the passing of...
Page 125 - No universal rule can be laid down for the " construction of statutes, as to whether mandatory enactments shall be considered " directory only or obligatory, with an implied nullification for disobedience. It is the " duty of courts of justice to try to get at the real intention of the legislature by carefully " attending to the whole scope of the statute to be construed.