Reports of Cases Argued and Determined, V.1-2, 1861-1863, Volume 1Sands and McDougall, 1863 |
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action affidavit agreement alleged Alleyne amount appears application appointed Argument Ballarat Band of Hope Bank behalf bill cause Chapman cited claim clause Colony consent Constitution Act contract conveyance costs Council Court of Mines creditors debt declaration decree deed Defendant demurrer DILL entitled Equity evidence executed executors fact filed Geelong George Pyke granted ground held Hope Company infant injunction insolvent intended issue J. W. Stephen Judge Judgment jurisdiction jury JUSTICE MOLESWORTH Koh-i-noor Company land liable Master in Equity matter Melbourne mortgage motion Ne exeat notice objection obtained Official Assignee opinion paid Parliament Parliament of Victoria parties payment person petition Petitioner Plaintiff possession privileges proceedings purchase question reference refused REGINA Respondent rule nisi sequestration settlement settlor shareholders shew Solicitor Statute STAWELL suit Supreme Court testator trial trustees verdict Victoria wife William words writ
Popular passages
Page iv - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...
Page i - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page vii - ... to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 184 - The Privileges, Immunities, and Powers to be held, enjoyed and exercised by the Senate and by the House of Commons and by the Members thereof respectively...
Page vii - ... is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been...
Page 178 - ... appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to be discharged or refusing or becoming unfit or incapable to act as aforesaid...
Page 349 - King, must be presumed to be the privileges and functions which then, that is, at the very period of their original separation, were statutably assigned to each. The privileges which belong to them seem at all times to have been, and necessarily must be, inherent in them, independent of any precedent...
Page 111 - ... that it shall be lawful for the trustees or trustee for the time being of the said deed, will, or other instrument...
Page iv - ... the same case contains a full and true statement of all the material facts, to the best of his knowledge and belief, shall be produced before the court or judge to whom application may be made...
Page iv - Registrar may nevertheless proceed to tax the bill after the expiration of a quarter of an hour, upon being satisfied by affidavit that due notice of the time appointed was served on the other party. 7. If more than one-sixth is deducted from any bill of costs taxed as between practitioner and client, the costs incurred in the taxation thereof shall be deducted from the sum allowed on taxation, if so much remains due, otherwise the same shall be paid by the practitioner to the client.