Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 10J.J. Moore, 1872 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agents alleged amount appears application appointment AUSTRALIA BANK OF AUSTRALIA bill BLACKWOOD Boulton Brooks caveat charge cheque Chief Commissioner circumstances cited claim colony common law costs Court of equity Crown Lands Darley decision declaration decree deed default defendant's defendants demurrer deposit doubt DRINKWATER DRUITT enactment entitled evidence execution fact Faucett favour Glass Gogerty granted ground Hargrave held Hellyer hire or profit Honor insolvent interest joinder judgment jury Justice lease liable LONDON CHARTERED matter ment mentioned mortgage notice offence official assignee opinion Ovalau paid parties payment person plaintiff plea possession prisoner proceedings promissory note provisions punt QUEEN question referred refused registration right of ferry Robert Fitzgerald rule nisi Sempill shew Sir James Martin solicitor South Wales statute Stephen Sydney toll trial trust verdict WAGGA BRIDGE COMPANY WAGGA WAGGA BRIDGE words
Popular passages
Page 138 - In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.
Page 251 - ... but if any such Variance shall appear to the Justice or Justices present and acting at such Hearing to be such that the Party so apprehended under such Warrant has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such Terms as he or they shall think fit, to adjourn the Hearing of the Case to some future Day...
Page 250 - ... to imprisonment for any term not exceeding six months, with or without hard labour.
Page 104 - ... and is hereby empowered either to direct that the judgment, decree, order, or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal, as to the said court may appear to be most consistent with real and substantial justice...
Page 310 - Board shall cause the sewers vested in them to be constructed, covered, and kept so as not to be a nuisance or injurious to health...
Page ii - Act. if made, accepted, or endorsed in the name of the company by any person acting under the authority of the company...
Page 368 - If the precise words used are plain and unambiguous, in our judgment, we are bound to construe them in their ordinary sense, even though it do lead, in our view of the case, to an absurdity or manifest injustice. Words may be modified or varied, where their import is doubtful or obscure. But we assume the functions of legislators when we depart from the ordinary meaning of the precise words used, merely because we see, or fancy we see, an absurdity or manifest injustice from an adherence to their...
Page 104 - Court shall direct such judgment, decree, order or sentence to be carried into execution, the person or persons in whose favour the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved by the said Court...
Page 61 - A scintilla of evidence, or a mere surmise that there may have been negligence on the part of the defendants, clearly would not justify the judge in leaving the case to the jury : there must be evidence upon which they might reasonably and properly conclude that there was negligence.
Page 92 - Judges held, that, in the case of a chose in action, you must do everything towards having possession which the subject admits; you must do that which is tantamount to obtaining possession, by placing every person who has an equitable or legal interest in the matter under an obligation to treat it as your *property. For this purpose, you must give notice to the legal holder of the fund ; in the case of a debt, for instance, notice to the debtor is, for many purposes, tantamount to possession. If...