Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 7J.J. Moore, 1869 - Law reports, digests, etc |
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Common terms and phrases
8th section action aforesaid afterwards alienation alleged allowed amicus curiæ amount appears application attorney Averment bank Bowman cause charge CHEEKE cheque cited claim common law conditional purchaser consent contract costs count creditor Crown Lands dant Darley debt debtor declaration deed defendant defendant's delivered delivery demurrer discharged District Court enactment entitled evidence executed executors fact Faucett fee simple given grant Hargrave held Hickey Horton River impounding indorser insolvent Insolvent Act interpleader issue joinder judgment jurisdiction jury Justice liable Lord lunatic MACAULEY marriage matter ment mentioned Molong Mort mortgage notice official assignee opinion paid party payment person plaintiff pleaded possession premises prisoner Privy Council promissory note question referred refused rule says second plea SEMPILL sequestration settlement shares Smith sold statute Stephen Sydney testator thereof transaction transfer trespass trial trustees verdict VINDIN words
Popular passages
Page 27 - as his last will and testament, in the presence of us present at the same time, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses.
Page 90 - Provided also, that nothing herein contained shall be deemed or taken to give validity to any payment made by any bankrupt, being a fraudulent preference of any creditor or creditors of such bankrupt, or to any execution founded on a judgment on a warrant of attorney or cognovit actionem,
Page 90 - discharge under this Act, shall, before or after his imprisonment, being in insolvent circumstances, voluntarily convey, assign, transfer, charge, deliver, or make over any estate, real or personal, security for money, bond, bill, note, money, property, goods, or effects whatsoever, to any creditor, or to any person in trust for
Page 10 - or after the expiration of twelve months after such bill shall have been delivered, sent, or left as aforesaid, except under special circumstances, to be proved to the satisfaction of the Supreme Court or a Judge thereof, to whom the application for such reference shall be made.
Page 351 - this provision of the law is not for the protection or benefit of a malicious or corrupt Judge, but for the benefit of the public, whose interest it is that the Judges should be at liberty to exercise their functions with independence, and without fear of consequences.
Page 5 - I take the effect of repealing a statute to be to obliterate it as completely from the records of the parliament as if it had never been passed ; and it must be considered as a law that never existed, except for the purposes of those actions
Page 337 - at the time to be entirely in accordance with the evidence. I, thereupon, by consent of the parties, directed a verdict for the plaintiff, reserving leave to the defendant to move that the verdict should be entered for him, if the Court should
Page 10 - that no such reference as aforesaid shall be directed upon an application made by the party chargeable with such bill, after a verdict shall have been obtained, judgment signed, or a writ of inquiry executed in any action for the recovery of the demand of such attorney or executor,
Page 4 - it has been long established, that, when an Act of parliament is repealed, it must be considered (except as to transactions past and closed) as if it had never existed.
Page 275 - The Common Law Procedure Act (d) provides that the question at the trial shall be, whether the statement in the writ of the claimant's title is true or false; and " if true, then which of the claimants is entitled, and whether to the whole or part; and if to part, then to which part of the property in question.