Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volumen2

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Página 274 - if it shall be proved that he obtained the property in question in any such manner as to amount in law to larceny he shall not by reason thereof be entitled to be acquitted of such misdemeanor.
Página 141 - provided that in actions of libel and slander '' the Plaintiff shall be at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense, without any prefatory averment to shew how such words or matter were used in that sense; and
Página 67 - value of £500 sterling; the person or persons feeling aggrieved by any such judgment, decree, order or sentence may, within fourteen days next after the same, shall have been pronounced, made, or given, apply to the said Court by petition for leave to appeal therefrom to Us, Our Heirs and Successors in Our or Their Privy Council.
Página 304 - aforesaid, and there deliver him to the said keeper thereof together with this precept; and I do hereby command you the said keeper of the Gaol to receive the said
Página 153 - now moved for a rule nisi for a new trial on the grounds of the verdict being against evidence; of the improper admission in evidence on behalf of the Defendant for certain letter from the Minister of Lands to the Defendant and signed by Mr. Moriarty
Página 254 - will has been executed with due solemnity by a person of competent understanding, and apparently a free agent, the burthen of proving that it was executed under undue influence is on the party who alleges it. Undue influence cannot be presumed.
Página 32 - right to detain the same by way of security for the payment of money, or the performance of any act by the owner thereof, it shall be lawful for such justice to order the goods to be delivered to the owner thereof either absolutely or upon tender of the amount appearing to be due by such
Página 227 - In the present case the written contract is not that which is sought to be enforced, it is a new contract which the parties have entered into, and that new contract is to be proved partly by the former written agreement and partly by the new verbal agreement; the present contract, therefore, is not a contract entirely in writing.
Página 6 - the said goods for the purpose and on the terms aforesaid, and all conditions were fulfilled and all things happened and all times elapsed necessary to entitle the said
Página 60 - I take insolvency, as it respects a trader, to mean that he is not in a situation to make his payments as usual; and that it does not follow that he is not insolvent, because he may ultimately have a surplus upon the winding up of his affairs.

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