The Victorian Law ReportsPublished under the direction of the Council of Law Reporting by Charles F. Maxwell, 1923 - Law reports, digests, etc |
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Results 1-5 of 100
Page 31
... amount of the defendants ' costs , and I so direct . MANN , J. 1921 WILLIS v . WILSON & MACKINNON . Order accordingly . Solicitors for the plaintiff : Brennan & Rundle . Solicitors for the defendants : Blake & Riggall . H. D. W. ( a ) ...
... amount of the defendants ' costs , and I so direct . MANN , J. 1921 WILLIS v . WILSON & MACKINNON . Order accordingly . Solicitors for the plaintiff : Brennan & Rundle . Solicitors for the defendants : Blake & Riggall . H. D. W. ( a ) ...
Page 64
... amount due to him was 53661. 8s . 11d . , and that neither of the defendants was able to satisfy this amount , and in these circumstances he took out this originating summons claiming foreclosure . The defendants contended that the sum ...
... amount due to him was 53661. 8s . 11d . , and that neither of the defendants was able to satisfy this amount , and in these circumstances he took out this originating summons claiming foreclosure . The defendants contended that the sum ...
Page 79
... amount of the consideration is immaterial ; a merely nom- inal consideration would suffice . . Upon a feoffment or con- veyance in fee , if there be no declaration of use nor any considera- tion expressed to be paid the use remains in ...
... amount of the consideration is immaterial ; a merely nom- inal consideration would suffice . . Upon a feoffment or con- veyance in fee , if there be no declaration of use nor any considera- tion expressed to be paid the use remains in ...
Page 82
... , and never was in- tended to constitute , a debt from deceased to defendant . . . I do not believe that any calculation was made of the amount of · any debt due by the deceased to the father and 82 [ 1922 SUPREME COURT : VICTORIA .
... , and never was in- tended to constitute , a debt from deceased to defendant . . . I do not believe that any calculation was made of the amount of · any debt due by the deceased to the father and 82 [ 1922 SUPREME COURT : VICTORIA .
Page 83
... amount of 11001. or 1200l . was probably agreed upon between the father and son ( ? sons ) , because it was the amount which they thought would represent about the value of the land • · . . I have no doubt whatever that there is no ...
... amount of 11001. or 1200l . was probably agreed upon between the father and son ( ? sons ) , because it was the amount which they thought would represent about the value of the land • · . . I have no doubt whatever that there is no ...
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Common terms and phrases
action affidavit agent agreement alleged appeal applied authority bill of lading breach by-law circumstances CITY OF MELBOURNE claim clause Commissioner contract contract note costs council counsel Crown CUSSEN damages death deceased decision defendant defendant's document duty entitled evidence EXECUTORS AND AGENCY fact fendant Full Court gifts inter vivos given Government Act 1915 ground GUTHEIL held income intended interest intestacy IRVINE issue judgment jurisdiction jury justices land learned Judge lease licensed Lord MACFARLAN MANN matter MCARTHUR meaning Melbourne Melbourne Harbour Trust ment mortgage negligence notice opinion order nisi owner paid paragraph parties partnership payable payment person plaintiff possession provisions question railway reason referred residuary estate respect resulting trust rule SCHUTT shares ship Shire Solicitors statement of claim Supreme Court testator testator's thereof tion transfer ultra vires vendor Victoria William Gibson witnesses words
Popular passages
Page 323 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 255 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 784 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 246 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 116 - To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity ; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Page 75 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 121 - An order of the Court under any statutory or other jurisdiction shall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice, or service, whether the purchaser has notice of any such want or not.
Page 467 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 121 - Purchaser, unless a contrary intention appears, includes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property...
Page 786 - Minneapolis, with interest at the rate of 8 per cent per annum until paid.