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 9
... effect the question the Judge had to decide , If the facts before the council constituted reasonable and probable cause , then they had taken all reasonable care in the matter , if that be of any importance : Brown v . Hawkes ( q ) ...
... effect the question the Judge had to decide , If the facts before the council constituted reasonable and probable cause , then they had taken all reasonable care in the matter , if that be of any importance : Brown v . Hawkes ( q ) ...
Page 16
... effect that he was not a councillor in so far as the council dealt with defendant's land , and that he was relieved from the embarrassment of exercising any judgment on the matter from the moment he acquired an interest in it . The ...
... effect that he was not a councillor in so far as the council dealt with defendant's land , and that he was relieved from the embarrassment of exercising any judgment on the matter from the moment he acquired an interest in it . The ...
Page 41
... Effect of Intestates Act 1864 ( 27 Vict . , No. 230 ) —Real Property Act 1864 ( 27 Vict . , No. 223 ) -Rule in Shelley's Case - Legal and equitable estates . A testator , who died in 1870 , domiciled in Tasmania , by his will made in ...
... Effect of Intestates Act 1864 ( 27 Vict . , No. 230 ) —Real Property Act 1864 ( 27 Vict . , No. 223 ) -Rule in Shelley's Case - Legal and equitable estates . A testator , who died in 1870 , domiciled in Tasmania , by his will made in ...
Page 67
... Effect . The plaintiff , as administrator of the estate of an intestate , sued the defendant , a brother of the intestate , for a declaration that the defendant was a trustee of certain land and of the proceeds of its sale by the ...
... Effect . The plaintiff , as administrator of the estate of an intestate , sued the defendant , a brother of the intestate , for a declaration that the defendant was a trustee of certain land and of the proceeds of its sale by the ...
Page 75
... effect that the intestate intended . to transfer the beneficial interest in the land to the defendant , on trust for himself and their father . I doubt whether such amend- ment was necesary , having regard to the defendant's denial of ...
... effect that the intestate intended . to transfer the beneficial interest in the land to the defendant , on trust for himself and their father . I doubt whether such amend- ment was necesary , having regard to the defendant's denial of ...
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Common terms and phrases
1921 TEMPLETON affidavit agent agreement alleged appeal applied Australia authority BALLARAT breach by-law circumstances CITY OF MELBOURNE claim clause Commissioner contract contract note costs council counsel Crown Cussen death deceased decision defendant defendant's DINAN document duty effect entitled estoppel evidence fact fendant Full Court gift gifts inter vivos Government Act 1915 GUTHEIL held Higgins insolvent intended interest intestacy intestate IRVINE issue judgment jurisdiction jury justices learned Judge LEVIATHAN PROPRIETARY LTD licence Lord Mann matter MCARTHUR meaning Melbourne ment mortgage negligence notice opinion order nisi originating summons owner paid parties partnership payment person plaintiff possession premises provisions purchase money question railway reason referred registered Registrar residuary estate respect resulting trust rule SCHUTT shares ship Shire Solicitors statement statement of claim Statute Supreme Court testator testator's thereof tion transaction transfer vendor Victorian Railways 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.