LYONS v. HUGHES1 VLR (L) 1
"Statute of Frauds" — Contract resulting in sale of a chattel — Common count for work and labour done in part performance.
View Victorian Reports and Victorian Law Reports by volume number
Cases reported in this volume of the Victorian Reports
"Statute of Frauds" — Contract resulting in sale of a chattel — Common count for work and labour done in part performance.
"The Pounds Act 1874" (No. 478), ss. 19, 33 (iii). Illegal impounding — Insufficient memorandum given to poundkeeper.
Vendor and purchaser — Sale by trustee without assent of necessary parties — Damages for failure to make title.
Negligence — Railway — Extinguishing lights — Damages.
Attorney — Undertaking to pay costs — Personal liability.
"Justices of the Peace Statute 1865" (No. 267), secs. 41, 44. "Statute of Evidence 1864" (No. 197), sec. 34. Jurisdiction of justices — Claim reduced by payments — Statutory declaration.
"Wines, Beer and Spirits Sale Statute 1864" (No. 227), sec. 45. Sale of Spirits by unlicensed person — Onus of proof — Husband and wife.
Warranty of title — Sale of chattels — Auction.
"Public Health Amendment Statute" (No. 310), secs. 47, 62, 63. "Justices of the Peace Statute 1865" (No. 267), sec. 136, & (No. 319), sec. 3. Local Board of Health — Order — Conviction not brought up — Prohibition — Ownership of Property.
"Boroughs Statute 1869" (No. 359), sec. 317. Cost of paving — Account required.
Evidence — Criminal case — Irrelevant evidence of immaterial fact — New Trial.
"Mining Companies Act 1871" (No. 409), sec. 70. `Insolvency Statute 1871" (No. 379), sec. 74 — Mining Company — Winding-up Order.
Garnishee — Set-off.
Practice — Withdrawing record — Counsel without brief — Nonsuit — Duty of attorney — Costs — Rule nisi stating grounds.
Ejectment — Tenancy under void lease — Right of re-entry.
"Weights and Measures Statute 1864" (No. 215), sec. 49. Seizure of weighing machine at Government railway station — No adjudication of forfeiture — Trespass.
Stay of proceedings till costs in former action paid. — Third action on same grounds.
Excessive distress — Plaintiff not deprived of use of goods — Nominal damages.
Release — General words controlled by recital — Ignorance of plaintiff of certain causes of action — Mistake — Alteration of position of parties.
Mining Company — Power to pass the property in a promissory note by indorsement.
"Shires Statute 1869" (No. 358), sec. 40. Election of president — Office not full de facto, unless person elected has acted.
"Public Health Act" — Liquid Manure — By-Law — Construction.
Articled Clerk — Death of Master — Fresh articles not to relate back to such death.
Railway Company — Negligence — Level crossing over highway — Foot passenger — Gates left open.
"Pounds Act, 1874" (No. 478), sec. 33, subsec. 1 — Rescue — Pound breach.
"Common Law Procedure Statute 1865" (No. 274), sec. 225 — Foreign Attachment — Residence.
Municipal Corporation — Negligence — Omission to repair streets.
"Landlord and Tenant Statute 1864" (No. 192), secs. 91, 100 — Warrant of ejectment.
"Wines, &c., Sale Statute, 1864, Amendment Act," (No. 390), sects. 13, 20 — Licensed publican — Transfer of licence.
"Police Offences Statute 1865" (No. 265), secs. 5 xiii., 11, 12. — Road — Footway — Obstructing thoroughfare.
"Audit Act" (22 Vic. No. 86), sec. 9 — "Criminal Law and Practice Statute 1864" (No. 233), sec. 141 — Embezzlement — Government servant — Collector of Imposts.
No. 379, sec. 154 — Unlawfully disposing of goods otherwise than in the ordinary way of trade or business.
"Public Health Act" (No. 310), secs. 47, 52 — Street on private property — Evidence — Prohibition.
"County Courts Statute, 1869," (No. 345), sec. 22. — County Court. — Judgment recovered — Evidence of Judgment — Premature action — Second action on maturity — Identity of causes of action.
"The Medical Practitioners Statute 1865" (No. 262), sec. 9. — Mandamus to register.
"County Court Statute 1869" (No. 345), secs. 58, 78 — Nonsuit — Verdict for defendant — New trial.
"Public Health Amendment Act" (31 Vic., No. 310), sec. 47 — Justices — Local Board of Health — "Justices of the Peace Statute 1865" (No. 267), sec. 13 — Prohibition.
Libel — Attorney — Words libellous generally — Innuendo applying them to the plaintiff in his profession — Demurrer.
Apprenticeship indentures — Deed inartificially drawn — Amendment — Substituted agreement.
Lottery — "Police Offences Statute Amendment Act" (No. 424) sec. 2. — Beneficial interest.
"Boroughs Statute 1869" (No. 359), sec. 393 — Negligence — Unfenced hole on private land near a street.
"Common Law Procedure Statute 1865" (No. 274), sec. 277 — Interrogatories — Plea of deed of composition — No replication of fraud.
"The Pounds Act 1874" (No. 478), secs. 14, 15 — Trespass fees — Demand — Selector — Substantial fence.
No. 301, sec. 49. — Ejectment by Registered Proprietor — Adverse possession — Onus of proof.
No. 427, sec. 6 — Ejectment by heir-at-law.
"Police Offences Statute Amendment Act 1872" (No. 424), secs. 4, 6. — Betting Shop — Conviction — Amendment.
"Police Offences Statute Amendment Act 1872" (No. 424), secs. 4, 6. — Betting shop — Conviction.
Habeas Corpus — Illegitimate children — Putative father.
"Statute of Frauds" — Contract resulting in sale of a chattel — Common count for work and labour done in part performance.
"Landlord and Tenant Statute 1864" (No. 192), secs. 90, 93 — Notice — Service.
Arbitration — Money claims — Award — General balance.
Vendor and purchaser — Title — Encroachment of premises sold, upon a street — No starting point — Recovery of deposit.
"Justices of the Peace Statute 1865" (No. 267), sec. 51 — Limitation of jurisdiction — Cross demand.
Banker and customer — Bank manager — Overdraft.
"Married Women's Property Act" (No. 384) — Husband and wife — Married woman — Ejectment.
"Justices of the Peace Statute 1865" (No. 267), sec. 135 — Special case — Mandamus — Costs.
Practice — Counsel withdrawing — Nonsuit — Verdict.
Libel — Imputing authorship of a garbled report in a newspaper.
Crown Grant — Description by metes and bounds, and as bounded by a road — Ownership of road ad medium filum vi — Street — Plantation — Permit to mine — Act of Parliament — Recital.
"Mining Companies Limited Liability Act 1864" (No. 228) — "Mining Companies Act 1871" (No. 409), sec. 112 — Mining Company — Rules — Winding up — Debt — Dividend — Construction of Statutes — Prior decisions.
Husband and wife — Surgical operation upon wife.
Habeas corpus — Attachment — Arrest — Escape and recapture — Return day.
"Passengers, Harbours, and Navigation Statute 1865" (No. 255), s. 45 — "Owner" — Wreck.
"Marriage and Matrimonial Causes Statute 1864," No. 268, secs. 31, 32 — Deserted wife — Order for maintenance — Order for seizure of goods of husband.
Attorney — Admission — Examination — Sup. Ct. Rules — Rule 18 of Dec. 3, 1872.
"Marriage and Matrimonial Causes Statute," sec. 39 — Order of justices — Limitation of time.
Bill of sale on several sheets — No identifying mark on the different sheets.
New trial after judgment — Misdemeanour — Relation of Central Criminal Court to Supreme Court.
"Insolvency Statute 1871," sec. 38, Rule 14 — Prohibition — Debtor summons — Service of copy.
Malicious prosecution — Proof of termination of prosecution in plaintiff's favour — Judgment of Court of General Sessions.
False imprisonment — Power of colonial Legislature to authorise transmission of offender from one colony to another.
"County Courts Statute 1869" — Set-off exceeding limit of jurisdiction.
Vendor and purchaser — Contract by letters — Alternative offer — Dilapidations during delay in giving possession.
Insolvency — Liability of assignee for acts of bailiff.
"Waterworks Loan Amending Act" (No. 500), sec. 6 — Retrospective rate.
"Public Health Act" (No. 310), sec. 38. — Order to raise surface of land.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 40 — Appeal — Costs.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 30. Maintenance of child — Offer to take him back.
Defamation — Imputation of drunkenness to a schoolmaster — No special damage.
Larceny — Evidence of corpus delicti — Gold from a mine.
Policy of life assurance payable to third party — Action by such third person.
"The Transfer of Land Statute" (No. 301), sec. 116 — Service at place named in caveat.