Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 6J.J. Moore, 1868 - Law reports, digests, etc |
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Results 1-5 of 59
Page 37
... decree was made on which nothing was done ; but a reference was made to the Master to enquire what part of the property belonged to the residuary estate . The Master reported that Paul's grant did not form part of the residuary estate ...
... decree was made on which nothing was done ; but a reference was made to the Master to enquire what part of the property belonged to the residuary estate . The Master reported that Paul's grant did not form part of the residuary estate ...
Page 41
... decree was made by consent . Between the filing of the bill and this decree Rosetta Lucy Terry , * one of the plaintiffs , died ( leaving as her heir her father , John Terry , of Box Hill ) , and during the same interval Martha Teresa ...
... decree was made by consent . Between the filing of the bill and this decree Rosetta Lucy Terry , * one of the plaintiffs , died ( leaving as her heir her father , John Terry , of Box Hill ) , and during the same interval Martha Teresa ...
Page 42
... decree was made in 1842 , on which nothing seems to have been done . But a receiver having been appointed , a reference was made to the Master . This proceeding , in fact , was directed against the testator's widow , who was one of the ...
... decree was made in 1842 , on which nothing seems to have been done . But a receiver having been appointed , a reference was made to the Master . This proceeding , in fact , was directed against the testator's widow , who was one of the ...
Page 43
... decree in it , but only an order made on exceptions to the Master's report . Moreover , the question arose on a collateral claim , ( a ) Before Stephen , C. J. , Milford , J. , and Wise , J. ( b ) The argument on the first occasion was ...
... decree in it , but only an order made on exceptions to the Master's report . Moreover , the question arose on a collateral claim , ( a ) Before Stephen , C. J. , Milford , J. , and Wise , J. ( b ) The argument on the first occasion was ...
Page 45
... decree in Equity cannot be a bar unless signed and enrolled ; it cannot , at all events , be pleaded in bar ; Kinsey ... Decrees ( r ) , Daniel's Ch . Pr . ( s ) , Mitford Pl . ( t ) . But on other grounds the ( a ) 2 De . G. & Sm . 417 ...
... decree in Equity cannot be a bar unless signed and enrolled ; it cannot , at all events , be pleaded in bar ; Kinsey ... Decrees ( r ) , Daniel's Ch . Pr . ( s ) , Mitford Pl . ( t ) . But on other grounds the ( a ) 2 De . G. & Sm . 417 ...
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Common terms and phrases
action affidavit aforesaid agreement alleged amount appears application attorney authority bank Batty bill bond Brown certificate claim codicil of 1836 contract costs Court of Equity creditors Crown damages Daniel Egan Darley debt decision declaration decree defendant defendant's delivered delivery demurrer deposited discharged District Court elected entitled equity event evidence executors fact Faucett fendant Hargrave held HOSKING illegal indorsement Insolvent Act intended interest issue James Brown John Henry Jones John Tebbutt John Terry Jones judgment jurisdiction jury Justice legal wager liable Lord mandamus marriage matter ment mortgage official assignee opinion paid parties Paul's grant payment person petition pieces or parcels plaintiff plea pleaded possession Primary Judge proceedings promissory note purchase Queensland question real estate recover referred repudiation rule nisi says solicitor statute Statute of Frauds Stephen suit surety Sydney testator thereof tion trial trust verdict wager ward
Popular passages
Page 2 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Page 322 - Is it not a universal rule that a man who puts his name to a bill of exchange thereby makes himself personally liable, unless he states upon the face of the bill that he subscribes it for another, or by procuration of another, which are words of exclusion? Unless he says plainly, "I am the mere scribe,
Page 55 - ... belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands, of what nature or kind soever, owing by any such person to his Majesty or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty...
Page 348 - Neither, in the construction of a contract among merchants, tradesmen or others, will the evidence be excluded because the words are in their ordinary meaning unambiguous; for the principle of admission is, that words perfectly unambiguous in their ordinary meaning are used by the contractors in a different sense from that. What words more plain than "a thousand," "a week,
Page 376 - Act, and if they find in the preamble, or in any particular clause, an expression not so large and extensive in its import as those used in other parts of the Act, and upon a view of the whole Act...
Page 220 - The statute says there shall be no trust of land unless by memorandum in writing, except such trusts as arise by operation of law. Where money is actually paid, there the trust arises from the payment of the money, and not from any agreement of the parties. " But this is not like the case of money paid by one man and the conveyance taken in the name of another; in that case the bill charges that the estate was bought with the plaintiff's money. If the defendant says he borrowed it of the plaintiff,...
Page 134 - If, indeed, he has received the whole, or any substantial part of the consideration for the promise on his part, the warranty loses the character of a condition, or to speak...
Page 93 - ... to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in...
Page 119 - Copartnership; and that any such public Officer may in his own Name commence and prosecute any Action, Suit, or other Proceeding at Law or in Equity against any Person being or having been a Member of the said Copartnership...
Page 18 - No doubt, all the water falling from heaven and shed upon the surface of a hill, at the foot of which a brook runs, must, by the natural force of gravity, find its way to the bottom, and so into the brook ; but this does not prevent the owner of the land on which this water falls from dealing with it as he may please and appropriating it.