"Cape Times" Law Reports: A Record of Every Matter Disposed of in the Supreme Court, During the Year ..., Volume 10Cape Times, 1901 - Law reports, digests, etc |
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Acting Chief Justice action admitted affidavit agent agreed agreement Aliwal North alleged amount appeared application asked Attorney-General Attorneys Buchanan moved building cable Cape Town cause charge Chief Justice contract costs of suit Cross-examined damage defendant defendant's Delagoa Bay denied district electrolysis entitled evidence farm fendant Gardiner given granted as prayed ground Innes insolvent Jones moved judgment Justice BUCHANAN Justice MAASDORP Justice SOLOMON land lease liable licence Licensing Court martial law matter ment Messrs military months moved for provisional Municipality negligence ness notice Orange Free owner P. S. Jones Paarl paid parties payment person petitioner plaintiff plea Port Elizabeth premises promissory note provisional sentence purchase question received refused respondent Sea Point Searle Sir Henry Juta sold Supreme Court Table Bay taken tence tender tiff tion tram transfer Transvaal Upington Villiers witness witness's
Popular passages
Page 454 - It follows, from what has been said on this subject, that there are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown...
Page 143 - A reviewing court will not disturb a verdict on the ground that it is against the weight of the evidence...
Page 454 - OF ACTIVE MILITARY OPERATIONS, WHERE WAR REALLY PREVAILS, THERE IS A NECESSITY TO FURNISH A SUBSTITUTE FOR THE CIVIL AUTHORITY, THUS OVERTHROWN, TO PRESERVE THE SAFETY OF THE ARMY AND SOCIETY; AND AS NO POWER IS LEFT BUT THE MILITARY, IT IS ALLOWED TO GOVERN BY MARTIAL RULE UNTIL THE LAWS CAN HAVE THEIR FREE COURSE.
Page 171 - ... all trade with the enemy is illegal, and the circumstance that the goods are to go first to a neutral port will not make it lawful.
Page 12 - Whenever the company has passed a special resolution requiring the company to be wound up by the Court : (2.) Whenever the company does not commence its business within a year...
Page 170 - The national character of a trader is to be decided for the purposes of the trade, by the national character of the place in which it is carried on. If a war breaks out, a foreign merchant carrying on trade in a belligerent country has a reasonable time allowed him for transferring himself and his property to another country. If he does not avail himself of the opportunity, he is to be treated, for the purposes of the trade, as a subject of the Power under whose dominion he carries it on, and, of...
Page 109 - ... we think the obligation is upon the telephone company to adopt it, and that defendants are not bound to indemnify it; in other words, that the damage incidentally done to the complainant is not such as is justly chargeable to the defendants. Unless we are to hold that the telephone company has a monopoly of the use of the earth, and of all the earth within the city of Nashville, for its feeble current, not only as against the defendants, but as against all forms of electrical energy which, in...
Page 172 - ... has the power of entirely removing the state of war, has the power of removing it in part, by permitting, where he sees proper, that commercial intercourse which is a partial suspension of the war. There may be occasions on which such an intercourse may be highly expedient. But it is not for individuals to determine on the expediency of such occasions on their own notions of commerce, and of commerce merely, and possibly on grounds of private advantage not very reconcilable with the general interest...
Page 170 - The law is clear that one of the immediate consequences of the commencement of hostilities is the interdiction of all commercial intercourse between the subjects of the States at war without the licence of their respective governments.
Page 143 - That where the question is one of fact, and there is evidence on both sides properly submitted to the jury, the verdict of the jury once found ought to stand ; and that the setting aside of such a verdict should be of rare and exceptional occurrence.