O’CONNOR v. PITCAIRN

27 VLR 2·HOOD, J.
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27 VLR 2
27 VLR 2
O’CONNOR v. PITCAIRN Supreme Court of Victoria HOOD, J. 16 April 1901 Supreme Court Act 1890 (No. 1142), ss. 110, 113 — Writ of capias — Summons to set aside writ of capias — Leaving colony so that "action will be defeated," meaning of — Evidence — Practice .

In an application under sec. 110 of the Supreme Court Act 1890 (No. 1142) to hold to bail a person about to leave the colony, it is not sufficient merely to show that there is a cause of action against the defendant, and that he is about to leave the colony; but it must further appear that the action will be defeated, as, for example, that the defendant has realized his assets, and is about to leave, taking with him the proceeds of realization.

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