The New South Wales Law Reports, 1880-1900, 11. köideC.F. Maxwell, 1890 |
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Results 1-5 of 71
Page 18
... liable to the sheriff for his fees : In re Mitchell ( 1 ) ; Marshall's Law of Costs ( 2 ) ; Dabbs v . Humphries ( 3 ) . Salomons , Q.C. , and O'Connor for Messrs . Creagh and Williams , contra . That case just cited has no bearing on ...
... liable to the sheriff for his fees : In re Mitchell ( 1 ) ; Marshall's Law of Costs ( 2 ) ; Dabbs v . Humphries ( 3 ) . Salomons , Q.C. , and O'Connor for Messrs . Creagh and Williams , contra . That case just cited has no bearing on ...
Page 19
... liable to the sheriff . The sheriff is not , as in England , an officer having certain perquisites . Here he is an ... liability . I am clearly of opinion that there is nothing to take this case out of the general rule , that where the ...
... liable to the sheriff . The sheriff is not , as in England , an officer having certain perquisites . Here he is an ... liability . I am clearly of opinion that there is nothing to take this case out of the general rule , that where the ...
Page 29
... liability revive ? ] No. The bank have given up the guarantee , as they were bound to do when the overdraft was paid off . The payment to the bank was a transfer of property certainly , but not an alienation within the meaning of the ...
... liability revive ? ] No. The bank have given up the guarantee , as they were bound to do when the overdraft was paid off . The payment to the bank was a transfer of property certainly , but not an alienation within the meaning of the ...
Page 30
... liabilities . If bills are found to be dishonoured day after day , the Court must find that Braun could not pay his ordinary liabilities . The onus of proof is on the other side , they must shew that they had no notice of Braun's ...
... liabilities . If bills are found to be dishonoured day after day , the Court must find that Braun could not pay his ordinary liabilities . The onus of proof is on the other side , they must shew that they had no notice of Braun's ...
Page 34
... liabilities . " Mr. Balfour's statement in his direct examination that he did not know that Braun was insolvent or suspect , and he believed him to be solvent , therefore goes for naught . In cases such as this it may not be possible to ...
... liabilities . " Mr. Balfour's statement in his direct examination that he did not know that Braun was insolvent or suspect , and he believed him to be solvent , therefore goes for naught . In cases such as this it may not be possible to ...
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.