Natal Law Reports: Supreme Court, Band 23 |
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action affidavit agent agreement alleged appears application April Attorney authority BALE BEAUMONT Cambrian Collieries Cape Cape Colony cargo Carrey cattle charge charter party Chief Justice claim Colony concurred contract Corporation costs decision declaration defendant company demurrage divorce domicile Duffill Durban duty entitled evidence executors fact FINNEMORE glanders Golborne granted ground HELD Hillcrag husband insolvent institor issue Janion July jurisdiction jury Juta Klip River Ladysmith land Laughton lease liable Licensing Board Magistrate Magistrate's Court March marriage matter Morcom Natal Nathan Bros native nominal damages notice opinion Order accordingly P. M. Burg parties Pechey Bros person Pietermaritzburg plaintiff plea pleaded Privy Council provisional judgment purchase question Ramasamy referred refused regard Registrar of Deeds respondent Roman Dutch Law Roman Law rule Section Sept sold sued summons Supreme Court Syndicate Tatham tion Transvaal trespass trial Trustees usufruct verdict Voet wife Zululand
Beliebte Passagen
Seite 128 - An extensive power is confided to the justices in their capacity as justices to be exercised judicially ; and ' discretion ' means when it is said that something is to be done within the discretion of the authorities that that something is to be done according to the rules of reason and justice, not according to private opinion : Rooke's case ; according to law and not humour. It is to be, not arbitrary, vague, and fanciful, but legal and regular...
Seite 28 - It is the strong inclination of my own opinion that the only fair and satisfactory rule to adopt on this matter of jurisdiction is to insist upon the parties in all cases referring their matrimonial differences to the Courts of the country in which they are domiciled.
Seite 235 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Seite 148 - ... of some public or private duty, whether legal or moral, or in the conduct of his own affairs in matters where his interest is concerned. In such cases, the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence, depending on the absence of actual malice.
Seite 148 - Nor would the rule prohibit any publication made by one in the discharge of some public or private duty, whether legal or moral, or in conduct of one's own affairs, in matters where his own interest is concerned.
Seite 454 - ... (even when occasioned by the negligence, default or error in judgment of the pilot, master, mariners or other servants of the shipowner, not resulting, however, in any case, from want of due diligence by the owners of the ship or any of them, or by the Ship's Husband or Manager).
Seite 279 - Sixty days after sight of this FIRST of EXCHANGE (Second and Third of same tenor and date unpaid...
Seite 177 - I cannot hold that acts which, if done by an individual, would amount to a fraud, ought not to be so considered if done by a company, nor can I say that it is no prejudice to the plaintiff to have been permitted to take possession on the faith of an agreement, and afterwards to be held liable to be treated as a trespasser, and turned out of possession, on the ground that there was no agreement. There is authority for saying that, in the eye of this Court, it is a fraud to set up the absence of agreement...
Seite 128 - For discretion is a science or understanding to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for as one saith, tails discretio discretionem confundlt.23 Then Lord Wrenbury's speech in Roberts v.
Seite 128 - ... not according to private opinion ; . . . according to law, and not humour. It is to be, not arbitrary, vague, and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself.