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 27
The action was brought in respect of four separate libels , set out respectively in paragraphs 3 , 4 , 5 , and 7 of the statement of claim . These four claims were referred to throughout the proceed- ings as counts , and the verdict of ...
The action was brought in respect of four separate libels , set out respectively in paragraphs 3 , 4 , 5 , and 7 of the statement of claim . These four claims were referred to throughout the proceed- ings as counts , and the verdict of ...
Page 29
The plaintiff sued in respect of four separate libels , set out in paragraphs 3 , 4 , 5 , 7 of the statement of claim . These four claims were referred to throughout the proceedings as counts , and the verdict of the jury was taken ...
The plaintiff sued in respect of four separate libels , set out in paragraphs 3 , 4 , 5 , 7 of the statement of claim . These four claims were referred to throughout the proceedings as counts , and the verdict of the jury was taken ...
Page 42
But I declare in respect to this devise that no money shall be raised by way of anticipation by the whole or any of my said daughters or their personal representatives . . Probate of the will was granted by the Supreme Court of Vie- ...
But I declare in respect to this devise that no money shall be raised by way of anticipation by the whole or any of my said daughters or their personal representatives . . Probate of the will was granted by the Supreme Court of Vie- ...
Page 47
SCHUTT , J. 1921 WRIGHT . meaning to right heirs in the case of the Victorian land woukl be that , in relation to the Victorian and Tasmanian land respect- ively , different meanings would be attached to the same words .
SCHUTT , J. 1921 WRIGHT . meaning to right heirs in the case of the Victorian land woukl be that , in relation to the Victorian and Tasmanian land respect- ively , different meanings would be attached to the same words .
Page 76
I have no doubt --if I may say so with profound respect - that the statements of Lord Hardwicke and James , L.J. , properly understood , are cor- rect ; but as the text - writers on equity , real property , and trusts appear to be about ...
I have no doubt --if I may say so with profound respect - that the statements of Lord Hardwicke and James , L.J. , properly understood , are cor- rect ; but as the text - writers on equity , real property , and trusts appear to be about ...
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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.