The Australian Law Times, 10. köideCharles F. Maxwell, 1889 |
From inside the book
Results 6-10 of 89
Page 31
... evidence from which the Court might have inferred that the company was duly formed . The memorandum and articles of asso- ciation were signed by the insolvent , and were de- posited with the registrar - general . The only point on which ...
... evidence from which the Court might have inferred that the company was duly formed . The memorandum and articles of asso- ciation were signed by the insolvent , and were de- posited with the registrar - general . The only point on which ...
Page 32
... evidence to show a levelling or paving to review a previous decision of its own which has within Section 408 . not been made the subject of appeal to a higher Court , unless it can be shown that such decision is clearly wrong or was ...
... evidence to show a levelling or paving to review a previous decision of its own which has within Section 408 . not been made the subject of appeal to a higher Court , unless it can be shown that such decision is clearly wrong or was ...
Page 33
... evidence was given for the plaintiff in support of his claim , and the defendants ' counsel stated that they would not give evidence to rebut it . But they raised before the judge , as a point of law , that they were en- titled to a ...
... evidence was given for the plaintiff in support of his claim , and the defendants ' counsel stated that they would not give evidence to rebut it . But they raised before the judge , as a point of law , that they were en- titled to a ...
Page 35
... evidence from which a jury might infer street had been metalled , that the footpath had been that the level of the street had been previously fixed kerbed , and the channels at the sides had been formed . by the council , but even ...
... evidence from which a jury might infer street had been metalled , that the footpath had been that the level of the street had been previously fixed kerbed , and the channels at the sides had been formed . by the council , but even ...
Page 36
... evidence in this case , he must hold that the judge found as a fact that this street had been levelled or paved in the sense in which the words had been used in Kilpatrick's case . If so found , that was sufficient . But if there was ...
... evidence in this case , he must hold that the judge found as a fact that this street had been levelled or paved in the sense in which the words had been used in Kilpatrick's case . If so found , that was sufficient . But if there was ...
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Common terms and phrases
a'Beckett action affidavit agent alleged allowed Amendment appear application appointed authorised authority behalf Board Charles Guthrie colony Company Constitution Act contended contract costs Council counsel creditor Crown deceased decision defendant defendant's document duty entitled evidence execution executor exercise fact Full Court give given Government Government of Victoria Governor granted ground held Higinbotham Holroyd HONOR insolvent intended judgment jurisdiction jury justices Kerferd land learned judge lease liable Licensing Court matter meaning Melbourne ment Ministers necessary notice objection offence opinion order nisi paid Parliament parties payment person petition plaintiff pleadings poll possession Prahran prerogative Privy Council proceedings promissory note purchaser question referred regulations responsible government rule shares Solicitors statement of claim Statute street summons Supreme Court taken testator tion Topp tramway trial trustees ultra vires vendor vested Victoria Williams words writ writ of summons
Popular passages
Page 81 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 157 - it is a general rule, that no court of limited jurisdiction can give itself jurisdiction by a wrong decision on a point collateral to the merits of the case upon which the limit to its jurisdiction depends; and however its decision may be final on all particulars, making up together that subject-matter which, if true, is within its jurisdiction, and however necessary in many cases it may be for it to make a preliminary inquiry, whether some collateral matter be or be not within...
Page 100 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 128 - ... in respect of the proceedings of which minutes have been so made shall be deemed to have been duly held and convened, and all resolutions passed thereat or proceedings had, to have been duly passed and had...
Page 95 - Letters Patent and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet, or by Our Order in Our Privy Council, or by Us, through one of Our Principal Secretaries of State, and to such Laws as are now or shall hereafter be in force in the State.
Page 74 - Council thereupon, or when the matters to be decided shall be too unimportant to require their advice, or too urgent to admit of their advice being given by the time within which it may be necessary for him to act in respect of any such matters.
Page 264 - ... or receipt of the entirety, or more than his or their undivided share or shares of such land, or of the profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last-mentioned person or persons, or any of them.
Page 75 - Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself or be removed from the Island.
Page 264 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 277 - And in what manner you shall have executed this our Writ make appear to us in our said Court immediately after the execution thereof, and have there then this Writ.