Western Australian Law Reports, Volume 17-18Hales reporters., 1915 |
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affidavit agree agreement alleged Amendment Act amount application arises Australian wine behalf Burnside cause of action Ch.D charge circumstances Cites claim Colonial Treasurer Commissioner compensation conclusion contract court of equity creditors deceased decision deed defendant dismissed Dumsday duty entitled evidence execution executor facts appear sufficiently full court Geraldton give given headnote and judgment Held intention jurisdiction jury Justices Act Kalgoorlie learned judge lease levied license LIMITED Lord magistrate matter ment Minister municipality nephews and nieces Northmore notice nuisance offence opinion paid parties payment person Perth plaintiff premises proceedings purpose question R. R. Pilkington R. S. Haynes Railway Rapley referred Roads Act rule rule against perpetuities says Sir Walter James smelthouse Solicitors for appellant Solicitors for respondent South Guildford statement of claim Statute of Frauds subsection taken tentative assessment testator trial trustee Western Australia WILKIE witness
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Halaman 169 - The jury answered the first question in the affirmative, and the second in the negative. It appeared that the jury must have considered that as the defendant, in instituting the proceedings was actuated by malice, or probably actuated by malice, of which there was some evidence, that, therefore, she could not honestly have believed in the
Halaman 182 - "Where this Act, or any Act passed after the commencement of this Act, repeals and re-enacts with or without modification any provisions of a former Act, references in any other Act to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.
Halaman 94 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
Halaman 36 - agreed to buy goods, obtains with the consent of the seller, possession of the goods, the delivery by that person of the goods under any sale, pledge, or other disposition thereof, to any person receiving
Halaman 76 - court, and calls upon it to be vigilant and jealous in examining the evidence in support of the instrument, in favour of which it ought not to pronounce unless the suspicion is removed, and it is judicially satisfied that the paper propounded does express the true will of the deceased.
Halaman 134 - appeal by way of case stated to "any party to a proceeding before justices who desires to appeal from the decision of the justices, on the ground that it is erroneous in point of law, or is in excess of jurisdiction.
Halaman 210 - done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed, to exercise that power when called upon to do so.
Halaman 164 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made and to
Halaman 89 - joint adventure, reciprocal concessions, or otherwise, with any person or company carrying on or engaged in or about to carry on or engage in any business or transaction which this company is authorised to carry on or engage in or any
Halaman 89 - or otherwise acquire shares and securities of any such company and to sell, hold, re-issue, with or without guarantee or otherwise deal with the same. To sell or dispose of the undertaking of the company or any part thereof for such consideration as the company may