Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volum 9J.J. Moore, 1871 |
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Populære avsnitt
Side 159 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Side 346 - ... purport to be signed by the justice by or before whom the same purports to have been taken...
Side 345 - ... if upon the trial of the person so accused as first aforesaid it shall be proved by the oath or affirmation of any credible witness that any person whose deposition shall have been taken as aforesaid is dead or so ill as not to be able to travel...
Side 12 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Side 171 - It is a very useful rule, in the construction of a statute, to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature, to be collected from the statute itself, or leads to manifest absurdity or repugnance, in which case the language may be varied or modified, so as to avoid such inconvenience, but no further.
Side 84 - And be it further enacted, That if any Person shall attest the Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the...
Side 256 - ... consent of parliament, provided the office be of a public nature, and a substantive office, not merely the function or employment of a deputy or servant held at the will and pleasure of others...
Side 84 - as concerns such person attesting the execution of " such will or codicil, or any person claiming under " him, be utterly null and void; and such person shall " be admitted as a witness to the execution of such ** will or codicil, notwithstanding such devise, kc.
Side 75 - ... in trust for all and every or such one or more exclusively of the other or others of the children...
Side 159 - Mere negligence or want of ordinary care or caution would not, however, disentitle him to recover, unless it were such that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened, nor if the defendant might, by the exercise of care on his part, have avoided the consequences of the neglect or carelessness of the plaintiff.