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A'Beckett action affidavit agreement Ah Meng alleged amount answer appeal application authorised Ballantyne bank bill of sale codicil Company Limited contended contract costs council County Court creditors damages debt debtor decision deed default defendant's Duncan McMillan entitled evidence execution executors Exparte fact Full Court garnishee give given granted ground held Higinbotham Hodges Hood insolvent intention interpleader judgment judgment debtor jurisdiction jury justices Land Act learned judge lease liability libel license Martha McKenzie Melbourne memorandum of association mortgage mortgagor notice objection obtained opinion order to review owner paid paid into Court parties payment person possession proceedings promissory note purchaser question reasonable referred refused registered Registrar residuary estate road shareholder shares Shire Solicitors for defendant Solicitors for plaintiff statement of claim Statute summons Supreme Court testator Transfer of Land trial trustees vendor Webb words writ
Seite 789 - ... shall be deemed to have first accrued either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined: provided always, that no mortgagor or cestui que trust shall be deemed to be a tenant at will, within the meaning of this clause, to his mortgagee or trustee.
Seite 133 - Company to do certain acts notwithstanding those statutes. In the course of his judgment the Chief Justice says, Vaughan, 351: "A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful which without it had been unlawful.
Seite 277 - ... shall pass to and vest in the purchaser, freed and discharged from all liability on account of such mortgage or encumbrance...
Seite 257 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Seite 706 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Seite 130 - CJ This is a special case stated for the opinion of this Court by a judge of a county court.
Seite 278 - No instrument, until registered in manner hereinbefore prescribed, shall be effectual to pass any estate or interest in any land under the provisions of this Act...
Seite 185 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.
Seite 138 - Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the informant.