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Reports of Cases Argued and Determined in the Supreme Court of South Australia, and in the Vice-Admiralty Court, from July, 1865 to December 1866

Reports of Cases Argued and Determined in the Supreme Court of South Australia, and in the Vice-Admiralty Court, from July, 1865 to December 1866


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 Excerpt: ...but we are not called upon to do this; we are simply to give the best interpretation we are able, in order to give effect to a part of the legislation of the province. The Legislature has chosen to impose as a condition that the conviction should be quashed before action, as also that notice must be given to the Magistrate. We are not to judge of the expediency or propriety of those provisions. We find a condition precedent prescribed by the Act, and until it is observed the plaintiff has no right of action. Rule discharged with costs. BoomBY, J.--The prisoner in this case was discharged on babeas corpus upon the ground that the conviction was illegal on the face of it. Hanson, C.J.--There is a case which I mentioned on the argument, but to which I had mislaid the reference, in which it was held under the old Act that a discharge under a habeas is not for the purposes of the Act equivalent to quashing the conviction. The case is Gray v. Cookson, i11 16 East. JULY 13, 1866. Boom) v. Boom). INDEBITA TIS ASSUII/PSIT.--Promise--C'ontract--Consideration. Plea, set-of for 500, money agreed to be paid by Plainttfi. to Defendant in consideration that Defendant would come from England to South Australia. The promise relied upon was in a letter from Plaintffi" in these terms--" This I promise you, that on your arrival in the Colony I will make you a present of 500, say Five Hundred Pounds, you will please accept the same, but must decline putting my name to paper for any amount whatever." Held, that the plea was not supported by the evidence, and that no legal contract or obligation to pay ever arose between the parties. ACTION to recover a sum of 400, upon a We O. U. for 200 and an acceptance for 200 given by defe...


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Product Details
  • ISBN-13: 9781235925665
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 52
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1235925668
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 109 gr


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Reports of Cases Argued and Determined in the Supreme Court of South Australia, and in the Vice-Admiralty Court, from July, 1865 to December 1866
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