The Australian Law Times, Volume 6Charles F. Maxwell, 1885 - Law |
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Common terms and phrases
action affidavit agreement alleged allowed Amendment amount appeared application appointed assignment bank behalf bill Borax certificate cheque clerk Common Law contended contract conviction costs council counter-claim County Court Statute creditors damages debt decision defendant defendant's delivered easement entitled evidence executor fact give given granted ground held HODGES HONOR husband insolvent interrogatories issue judge judgment Judicature Act jurisdiction jury Justice Higinbotham Justice Holroyd Justice Molesworth Justice Williams lease liable licence M'Intosh mandamus matter Melbourne ment mortgage nonsuit notice objection opinion Order XIX paid parties payment person plaintiff pleadings Prahran prisoner probate proceedings promissory note prothonotary quash question refused rule nisi Rules of Supreme Shire show cause SIR BRYAN O'LOGHLEN Solicitors statement of claim summons Supreme Court 1884 testator tion TOPP transfer trespass trial trustee verdict wife words writ writ of summons
Popular passages
Page 198 - 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, cannot 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 26 - Provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division...
Page 266 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Page 258 - ... court, such relief, redress, or remedy, or combination of remedies, either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counter-claim, equitable or legal (subject to the provision next hereinafter contained) in as full and ample a manner as might and ought to be done in the like case by the High Court of Justice.
Page 257 - ... whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of ordinary and common care and caution on his part, the misfortune would not have happened.
Page 245 - We have had a considerable number of cases cited to us, and out of them I think that two propositions may be stated as what I may call the general rules governing cases of this kind. The first of these rules is, that on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements (by which, of course, I mean...
Page 72 - Whether this evidence be treated as explaining the language used, or adding a tacitly implied incident to the contract beyond those which are expressed, is not material. In either point of view it will be admissible unless it labors under the objection of introducing something repugnant to or inconsistent with the tenor of the written instrument.
Page 183 - ... incestuous adultery, or of bigamy with adultery, or of rape, or of sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et thoro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards...
Page 239 - ... shall be of as full force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto.
Page 239 - ... shall refuse to be sworn, or to answer such questions as shall be put to him...