The Victorian Law ReportsPublished under the direction of the Council of Law Reporting by Charles F. Maxwell, 1923 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 5
... necessary to take the opinion of the jury to enable the Judge to decide as to the absence of reasonable and probable cause . It is not enough in circumstances like those in this case to suggest that some other inquiry might be made ...
... necessary to take the opinion of the jury to enable the Judge to decide as to the absence of reasonable and probable cause . It is not enough in circumstances like those in this case to suggest that some other inquiry might be made ...
Page 36
... necessary to find out what he really did intend : Sharp v . Jackson ( c ) . The insolvent's object here was to gain time , and he still had the hope of avoiding insolvency : Cox v . Smail ( d ) . As to onus of proof of good faith see Ex ...
... necessary to find out what he really did intend : Sharp v . Jackson ( c ) . The insolvent's object here was to gain time , and he still had the hope of avoiding insolvency : Cox v . Smail ( d ) . As to onus of proof of good faith see Ex ...
Page 37
... necessary . Even though possession were taken , the effect of non - registration is not obviated . The onus of proving the facts of the pledge is on the defendant , and he has not estab- lished them . Possession was not taken by the ...
... necessary . Even though possession were taken , the effect of non - registration is not obviated . The onus of proving the facts of the pledge is on the defendant , and he has not estab- lished them . Possession was not taken by the ...
Page 66
... necessary to decide this question , as I am of opinion that , even assuming that the jurisdiction conferred by the sub - section can be exercised by a Judge sitting in Chambers for the determination of matters of this kind , it is not ...
... necessary to decide this question , as I am of opinion that , even assuming that the jurisdiction conferred by the sub - section can be exercised by a Judge sitting in Chambers for the determination of matters of this kind , it is not ...
Page 80
... necessary to consider whether the statements above made were not , after the Statute of Uses , modified by imposing a result- ing trust ( at all events in the case of bargains and sales ) where the consideration expressed was merely ...
... necessary to consider whether the statements above made were not , after the Statute of Uses , modified by imposing a result- ing trust ( at all events in the case of bargains and sales ) where the consideration expressed was merely ...
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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.