A Digest of Reported Cases Decided in the Supreme Court of New South Wales From 1860 to 1884 Inclusive : With References to the Principal Colonial Statutes
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Hammond v. Oourlay, 1 N.S.W. L.R. 43. Memorandum Filed Out of Time.] — Where the memorandum of a motion nisi for a new trial was not filed within the time limited by the Rules of Court, the Court refused to entertain the motion. Barbour v. Jones, 1 N.S.W. L.R. 345. Points not Taken at Trial.]—!)., an attorney, sued H. for his bill of costs. H. pleaded a settlement with W., who had D.'s authority to settle. W. had accepted H.'s cheque for £75, which D., having revoked W.'s authority, but not til...l after the settlement, returned to H. H. paid £75 into Court. Verdict for plaintiff, subject to taxation. The point was taken for the first time on the motion for the rule nisi, whether the revocation, if not communicated to H., the defendant, was of any effect: — Held (the Court making the rule absolute), that this ia not one of those points that it is necessary to take at the trial. If, apart from misdirection or wrong admission or rejection of evidence, any point of law arises on the evidence, it may be taken afterwards.
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