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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Page 26
... Evidence called by defendants going both to liability and damages— Damages reduced by such evidence to one farthing - Damages to be treated as separate issue in count on which plaintiff succeeded -- Apportionment of costs . In an action ...
... Evidence called by defendants going both to liability and damages— Damages reduced by such evidence to one farthing - Damages to be treated as separate issue in count on which plaintiff succeeded -- Apportionment of costs . In an action ...
Page 28
... evidence as to the political character of the plaintiff , and said that the purpose for which these witnesses were called had been entirely successful , and that with reference to the three counts it had resulted in a verdict for the ...
... evidence as to the political character of the plaintiff , and said that the purpose for which these witnesses were called had been entirely successful , and that with reference to the three counts it had resulted in a verdict for the ...
Page 35
... evidence , or alternatively no sufficient evidence , that the defendant did not act in good faith . 6. That the document of the 19th day of August 1920 was not a bill of sale . 7. That the non - registration of the said document under ...
... evidence , or alternatively no sufficient evidence , that the defendant did not act in good faith . 6. That the document of the 19th day of August 1920 was not a bill of sale . 7. That the non - registration of the said document under ...
Page 37
... evidence shows that the insolvent was to have access to them whenever he desired for the purpose of the inspection of the goods by wholesale buyers and of drawing on the stock for his retail business . The evidence is un- certain as to ...
... evidence shows that the insolvent was to have access to them whenever he desired for the purpose of the inspection of the goods by wholesale buyers and of drawing on the stock for his retail business . The evidence is un- certain as to ...
Page 39
... evidence themselves to justify his opinion on both points . So far as the burden of proof of possession is concerned , we think it was upon the defendant , and it is remarkable that neither the defendant himself nor his father gave evidence ...
... evidence themselves to justify his opinion on both points . So far as the burden of proof of possession is concerned , we think it was upon the defendant , and it is remarkable that neither the defendant himself nor his father gave evidence ...
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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.