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 8
... whole subject - matter of the Local Govern- ment Act , that the words quoted apply only to the acts of the council in discharging its functions as the governing body of the municipality . It seems to be a provision designed to make it ...
... whole subject - matter of the Local Govern- ment Act , that the words quoted apply only to the acts of the council in discharging its functions as the governing body of the municipality . It seems to be a provision designed to make it ...
Page 23
... whole field of action . " It is simply an additional safeguard provided by Parliament for the purposes of local government ; but it does not in the slightest degree repeal the law as to contracts against public policy , or the equitable ...
... whole field of action . " It is simply an additional safeguard provided by Parliament for the purposes of local government ; but it does not in the slightest degree repeal the law as to contracts against public policy , or the equitable ...
Page 30
... whole course of the trial and my charge to the jury , I am clear that the defamatory statement of fact upon which the plaintiff's verdict was based was that the plaintiff had been driven out of America by the Government of that country ...
... whole course of the trial and my charge to the jury , I am clear that the defamatory statement of fact upon which the plaintiff's verdict was based was that the plaintiff had been driven out of America by the Government of that country ...
Page 41
... whole of the evidence before him , the proper conclusion is that in giving to Parer the document of the 19th August the in- solvent acted with a view to prefer Parer , and that Parer was well aware of it . If , therefore , the ...
... whole of the evidence before him , the proper conclusion is that in giving to Parer the document of the 19th August the in- solvent acted with a view to prefer Parer , and that Parer was well aware of it . If , therefore , the ...
Page 42
... whole or any of my said daughters or their personal representatives .. Probate of the will was granted by the Supreme Court of Vie- toria in 1871 to the said Richard Coverdale . In 1890 the plaintiff company was duly appointed the ...
... whole or any of my said daughters or their personal representatives .. Probate of the will was granted by the Supreme Court of Vie- toria in 1871 to the said Richard Coverdale . In 1890 the plaintiff company was duly appointed the ...
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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.