Unlimited digital access from $45/mo. Print subscriptions with bound volumes available.Shop Now

Browse

View Victorian Reports and Victorian Law Reports by volume number

1 VLR (L)(82 results)

Cases reported in this volume of the Victorian Reports

LYONS v. HUGHES1 VLR (L) 1

BARRY, J.·23 Mar 1875·Supreme Court of Victoria, at Law

"Statute of Frauds"Contract resulting in sale of a chattel — Common count for work and labour done in part performance.

ROBERTSON v. MAIN1 VLR (L) 5

BARRY, and FELLOWS, JJ.·24 Mar 1875·Supreme Court of Victoria, at Law

"The Pounds Act 1874" (No. 478), ss. 19, 33 (iii). Illegal impoundingInsufficient memorandum given to poundkeeper.

WIPER v. O’SHANASSY1 VLR (L) 10

BARRY, J.·24 Mar 1875·Supreme Court of Victoria, at Law

Vendor and purchaserSale by trustee without assent of necessary parties — Damages for failure to make title.

BLACK v. THE BOARD OF LAND AND WORKS1 VLR (L) 12

BARRY, and FELLOWS, JJ.·25 Mar 1875·Supreme Court of Victoria, at Law

NegligenceRailway — Extinguishing lights — Damages.

IN RE MOULE1 VLR (L) 15

PER CURIAM·25 Mar 1875·Supreme Court of Victoria, at Law

AttorneyUndertaking to pay costs — Personal liability.

REGINA v. MOLLISON1 VLR (L) 17

FELLOWS, J.·31 Mar 1875·Supreme Court of Victoria, at Law

"Justices of the Peace Statute 1865" (No. 267), secs. 41, 44. "Statute of Evidence 1864" (No. 197), sec. 34. Jurisdiction of justicesClaim reduced by payments — Statutory declaration.

REGINA v. M’QUEEN1 VLR (L) 18

FELLOWS, J.·31 Mar 1875·Supreme Court of Victoria, at Law

"Wines, Beer and Spirits Sale Statute 1864" (No. 227), sec. 45. Sale of Spirits by unlicensed personOnus of proof — Husband and wife.

ROBBINS v. M’CULLOCH1 VLR (L) 20

FELLOWS, and STEPHEN, JJ.·1 Apr 1875·Supreme Court of Victoria, at Law

Warranty of titleSale of chattels — Auction.

REGINA v. TEMPLETON1 VLR (L) 21

FELLOWS, J.·1 Apr 1875·Supreme Court of Victoria, at Law

"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 HealthOrder — Conviction not brought up — Prohibition — Ownership of Property.

REGINA v. MARSDEN1 VLR (L) 23

FELLOWS, and STEPHEN, JJ.·1 Apr 1875·Supreme Court of Victoria, at Law

"Boroughs Statute 1869" (No. 359), sec. 317. Cost of pavingAccount required.

REGINA v. AINSWORTH1 VLR (L) 26

FELLOWS, and STEPHEN, JJ.·2 Apr 1875·Supreme Court of Victoria, at Law

EvidenceCriminal case — Irrelevant evidence of immaterial fact — New Trial.

THE ORIENTAL BANK CORPORATION v. THE WATTLE GULLY UNITED GOLD MINING CO.1 VLR (L) 28

FELLOWS, J.·2 Apr 1875·Supreme Court of Victoria, at Law

"Mining Companies Act 1871" (No. 409), sec. 70. `Insolvency Statute 1871" (No. 379), sec. 74Mining Company — Winding-up Order.

BISHOP v. WOINARSKI1 VLR (L) 31

FELLOWS, J.·2 Apr 1875·Supreme Court of Victoria, at Law

GarnisheeSet-off.

BISHOP v. MARTIN1 VLR (L) 33

BARRY, and FELLOWS, JJ.·3 Apr 1875·Supreme Court of Victoria, at Law

PracticeWithdrawing record — Counsel without brief — Nonsuit — Duty of attorney — Costs — Rule nisi stating grounds.

MOURANT v. QUENAULT1 VLR (L) 35

FELLOWS, and STEPHEN, JJ.·5 Apr 1875·Supreme Court of Victoria, at Law

EjectmentTenancy under void lease — Right of re-entry.

REGINA v. CADDY1 VLR (L) 38

FELLOWS, J.·5 Apr 1875·Supreme Court of Victoria, at Law

"Weights and Measures Statute 1864" (No. 215), sec. 49. Seizure of weighing machine at Government railway stationNo adjudication of forfeiture — Trespass.

BOWMAN v. WHELAN1 VLR (L) 40

FELLOWS, J.·6 Apr 1875·Supreme Court of Victoria, at Law

Stay of proceedings till costs in former action paid.Third action on same grounds.

ROACH v. MARTIN1 VLR (L) 41

FELLOWS, J.·6 Apr 1875·Supreme Court of Victoria, at Law

Excessive distressPlaintiff not deprived of use of goods — Nominal damages.

CAMERON v. HUGHES1 VLR (L) 43

FELLOWS, J.·8 Apr 1875·Supreme Court of Victoria, at Law

ReleaseGeneral words controlled by recital — Ignorance of plaintiff of certain causes of action — Mistake — Alteration of position of parties.

BANK OF VICTORIA v. BROWN1 VLR (L) 47

FELLOWS, and STEPHEN, JJ.·8 Apr 1875·Supreme Court of Victoria, at Law

Mining CompanyPower to pass the property in a promissory note by indorsement.

REGINA v. ROBINSON1 VLR (L) 50

FELLOWS, J.·9 Apr 1875·Supreme Court of Victoria, at Law

"Shires Statute 1869" (No. 358), sec. 40. Election of presidentOffice not full de facto, unless person elected has acted.

REGINA v. TEMPLETON1 VLR (L) 55

FELLOWS, J.·9 Apr 1875·Supreme Court of Victoria, at Law

"Public Health Act"Liquid Manure — By-Law — Construction.

IN RE JONES1 VLR (L) 57

BARRY, J.·21 June 1875·Supreme Court of Victoria, at Law

Articled ClerkDeath of Master — Fresh articles not to relate back to such death.

GALLOGLY v. THE M. & H. B. U. RAILWAY CO.1 VLR (L) 58

BARRY, FELLOWS, and STEPHEN, JJ.·21 June 1875·Supreme Court of Victoria, at Law

Railway CompanyNegligence — Level crossing over highway — Foot passenger — Gates left open.

LODGE v. ROWE1 VLR (L) 65

BARRY, FELLOWS, and STEPHEN, JJ.·22 June 1875·Supreme Court of Victoria, at Law

"Pounds Act, 1874" (No. 478), sec. 33, subsec. 1Rescue — Pound breach.

SYNNOT v. RAY1 VLR (L) 70

BARRY, and FELLOWS, JJ.·23 June 1875·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 225Foreign Attachment — Residence.

PHILLIPS v. THE MAYOR, &c., OF MELBOURNE1 VLR (L) 74

BARRY, J.·23 June 1875·Supreme Court of Victoria, at Law

Municipal CorporationNegligence — Omission to repair streets.

MAU v. MACK1 VLR (L) 76

PER CURIAM.·23 June 1875·Supreme Court of Victoria, at Law

"Landlord and Tenant Statute 1864" (No. 192), secs. 91, 100Warrant of ejectment.

REGINA v. MOLLISON1 VLR (L) 78

BARRY, J.·23 June 1875·Supreme Court of Victoria, at Law

"Wines, &c., Sale Statute, 1864, Amendment Act," (No. 390), sects. 13, 20Licensed publican — Transfer of licence.

REGINA v. LLOYD1 VLR (L) 79

BARRY, J.·23 June 1875·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), secs. 5 xiii., 11, 12.Road — Footway — Obstructing thoroughfare.

REGINA v. O’FERRALL1 VLR (L) 81

BARRY, FELLOWS, and STEPHEN, JJ.·26 June 1875·Supreme Court of Victoria, at Law

"Audit Act" (22 Vic. No. 86), sec. 9"Criminal Law and Practice Statute 1864" (No. 233), sec. 141 — Embezzlement — Government servant — Collector of Imposts.

REGINA v. MORRIS1 VLR (L) 99

BARRY, J.·28 June 1875·Supreme Court of Victoria, at Law

No. 379, sec. 154Unlawfully disposing of goods otherwise than in the ordinary way of trade or business.

REGINA v. WOODS1 VLR (L) 101

BARRY, and FELLOWS, JJ.·28 June 1875·Supreme Court of Victoria, at Law

"Public Health Act" (No. 310), secs. 47, 52Street on private property — Evidence — Prohibition.

BISHOP v. WOINARSKI1 VLR (L) 106

BARRY, and FELLOWS, JJ.·29 June 1875·Supreme Court of Victoria, at Law

"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.

EX PARTE YEE QUOCK PING1 VLR (L) 112

BARRY, J.·29 June 1875·Supreme Court of Victoria, at Law

"The Medical Practitioners Statute 1865" (No. 262), sec. 9.Mandamus to register.

POWERS v. FAIRBAIRN1 VLR (L) 118

FELLOWS, J.·5 July 1875·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), secs. 58, 78Nonsuit — Verdict for defendant — New trial.

REGINA v. LLOYD1 VLR (L) 120

BARRY, J.·5 July 1875·Supreme Court of Victoria, at Law

"Public Health Amendment Act" (31 Vic., No. 310), sec. 47Justices — Local Board of Health — "Justices of the Peace Statute 1865" (No. 267), sec. 13 — Prohibition.

WARTON v. GEARING1 VLR (L) 122

FELLOWS, J.·5 July 1875·Supreme Court of Victoria, at Law

LibelAttorney — Words libellous generally — Innuendo applying them to the plaintiff in his profession — Demurrer.

WELSHMAN v. ROBERTSON1 VLR (L) 124

BARRY, J.·6 July 1875·Supreme Court of Victoria, at Law

Apprenticeship indenturesDeed inartificially drawn — Amendment — Substituted agreement.

COOEY HING v. SADLEIR1 VLR (L) 130

BARRY, FELLOWS, and STEPHEN, JJ.·7 July 1875·Supreme Court of Victoria, at Law

Lottery"Police Offences Statute Amendment Act" (No. 424) sec. 2. — Beneficial interest.

DALY v. THE MAYOR, &c., OF THE CITY OF BALLARAT1 VLR (L) 134

BARRY, and FELLOWS, JJ.·7 July 1875·Supreme Court of Victoria, at Law

"Boroughs Statute 1869" (No. 359), sec. 393Negligence — Unfenced hole on private land near a street.

STEWART v. HOGG1 VLR (L) 139

The COURT allowed the interrogatories, numbered 1 to 6 both inclusive, 8, 14, and 15 (except the portions in italics) and struck out the others.·7 July 1875·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 277Interrogatories — Plea of deed of composition — No replication of fraud.

M’MILLAN v. GOVE1 VLR (L) 142

BARRY, J.·10 July 1875·Supreme Court of Victoria, at Law

"The Pounds Act 1874" (No. 478), secs. 14, 15Trespass fees — Demand — Selector — Substantial fence.

STAUGHTON v. BROWN1 VLR (L) 150

BARRY, FELLOWS, and STEPHEN, JJ.·10 July 1875·Supreme Court of Victoria, at Law

No. 301, sec. 49.Ejectment by Registered Proprietor — Adverse possession — Onus of proof.

LARKIN v. DRYSDALE1 VLR (L) 164

BARRY, J.·10 July 1875·Supreme Court of Victoria, at Law

No. 427, sec. 6Ejectment by heir-at-law.

ZUCKER v. JENNINGS1 VLR (L) 168

BARRY, J.·10 July 1875·Supreme Court of Victoria, at Law

"Police Offences Statute Amendment Act 1872" (No. 424), secs. 4, 6.Betting Shop — Conviction — Amendment.

JACOBS v. JENNINGS1 VLR (L) 172

BARRY, and STEPHEN, JJ.·10 July 1875·Supreme Court of Victoria, at Law

"Police Offences Statute Amendment Act 1872" (No. 424), secs. 4, 6.Betting shop — Conviction.

IN RE BATES1 VLR (L) 178

BARRY, and STEPHEN, JJ.·1 Sept 1875·Supreme Court of Victoria, at Law

Habeas CorpusIllegitimate children — Putative father.

LYONS v. HUGHES1 VLR (L) 187

BARRY, J.·23 Mar 1875·Supreme Court of Victoria, at Law

"Statute of Frauds"Contract resulting in sale of a chattel — Common count for work and labour done in part performance.

ANDREWS v. DAISH1 VLR (L) 188

BARRY, FELLOWS, STEPHEN, JJ.·3 Sept 1875·Supreme Court of Victoria, at Law

"Landlord and Tenant Statute 1864" (No. 192), secs. 90, 93Notice — Service.

MIXNER v. BLAIR1 VLR (L) 191

BARRY, FELLOWS, and STEPHEN, JJ.·6 Sept 1875·Supreme Court of Victoria, at Law

ArbitrationMoney claims — Award — General balance.

ENWRIGHT v. M’CAW1 VLR (L) 196

BARRY, FELLOWS, and STEPHEN, JJ.·6 Sept 1875·Supreme Court of Victoria, at Law

Vendor and purchaserTitle — Encroachment of premises sold, upon a street — No starting point — Recovery of deposit.

REGINA v. WEBSTER1 VLR (L) 199

PER CURIAM.·6 Sept 1875·Supreme Court of Victoria, at Law

"Justices of the Peace Statute 1865" (No. 267), sec. 51Limitation of jurisdiction — Cross demand.

BLACKWOOD v. ROURKE1 VLR (L) 201

BARRY, FELLOWS, and STEPHEN, JJ.·9 Sept 1875·Supreme Court of Victoria, at Law

Banker and customerBank manager — Overdraft.

SOMERVILLE v. M’DONALD1 VLR (L) 206

BARRY, FELLOWS, JJ.·10 Sept 1875·Supreme Court of Victoria, at Law

"Married Women's Property Act" (No. 384)Husband and wife — Married woman — Ejectment.

REGINA v. POHLMAN1 VLR (L) 208

FELLOWS, STEPHEN, and BARRY, JJ.·13 Sept 1875·Supreme Court of Victoria, at Law

"Justices of the Peace Statute 1865" (No. 267), sec. 135Special case — Mandamus — Costs.

HALL v. BLACKETT1 VLR (L) 216

BARRY, FELLOWS, and STEPHEN, JJ.·13 Sept 1875·Supreme Court of Victoria, at Law

PracticeCounsel withdrawing — Nonsuit — Verdict.

TRACY v. LUKE1 VLR (L) 222

BARRY, and FELLOWS, JJ.·13 Sept 1875·Supreme Court of Victoria, at Law

LibelImputing authorship of a garbled report in a newspaper.

CARVALHO v. BLACK HILL SOUTH EXTENDED Q. M. CO. NO LIABILITY1 VLR (L) 225

BARRY, FELLOWS, and STEPHEN, JJ.·14 Sept 1875·Supreme Court of Victoria, at Law

Crown GrantDescription 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.

THE TOMMY DODD CO. v. M’CLURE1 VLR (L) 237

BARRY, FELLOWS, and STEPHEN, JJ.·15 Sept 1875·Supreme Court of Victoria, at Law

"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.

TATE v. FISHER1 VLR (L) 244

BARRY, J.·16 Sept 1875·Supreme Court of Victoria, at Law

Husband and wifeSurgical operation upon wife.

IN RE WALL1 VLR (L) 246

BARRY, FELLOWS, and STEPHEN, JJ.·16 Sept 1875·Supreme Court of Victoria, at Law

Habeas corpusAttachment — Arrest — Escape and recapture — Return day.

RAMSDEN v. PAYNE1 VLR (L) 250

BARRY, FELLOWS, and STEPHEN, JJ.·20 Sept 1875·Supreme Court of Victoria, at Law

"Passengers, Harbours, and Navigation Statute 1865" (No. 255), s. 45"Owner" — Wreck.

MITCHELL v. WENTWORTH1 VLR (L) 258

BARRY, J.·30 Sept 1875·Supreme Court of Victoria, at Law

"Marriage and Matrimonial Causes Statute 1864," No. 268, secs. 31, 32Deserted wife — Order for maintenance — Order for seizure of goods of husband.

IN RE MORRIS1 VLR (L) 262

BARRY, J.·30 Sept 1875·Supreme Court of Victoria, at Law

AttorneyAdmission — Examination — Sup. Ct. Rules — Rule 18 of Dec. 3, 1872.

REGINA v. PANTON1 VLR (L) 264

BARRY, J.·25 Nov 1875·Supreme Court of Victoria, at Law

"Marriage and Matrimonial Causes Statute," sec. 39Order of justices — Limitation of time.

LONDON CHARTERED BANK v. KIRK1 VLR (L) 266

BARRY, and STEPHEN, JJ.·26 Nov 1875·Supreme Court of Victoria, at Law

Bill of sale on several sheetsNo identifying mark on the different sheets.

REGINA v. HALL1 VLR (L) 270

BARRY, and FELLOWS, JJ.·26 Nov 1875·Supreme Court of Victoria, at Law

New trial after judgmentMisdemeanour — Relation of Central Criminal Court to Supreme Court.

EX PARTE LEVY1 VLR (L) 271

BARRY, J.·29 Nov 1875·Supreme Court of Victoria, at Law

"Insolvency Statute 1871," sec. 38, Rule 14Prohibition — Debtor summons — Service of copy.

HAYNES v. WARE1 VLR (L) 272

BARRY, J.·29 Nov 1875·Supreme Court of Victoria, at Law

Malicious prosecutionProof of termination of prosecution in plaintiff's favour — Judgment of Court of General Sessions.

RAY v. M’MACKIN1 VLR (L) 274

BARRY, J.·1 Dec 1875·Supreme Court of Victoria, at Law

False imprisonmentPower of colonial Legislature to authorise transmission of offender from one colony to another.

JOHNSTON v. COX1 VLR (L) 284

BARRY, FELLOWS, and STEPHEN, JJ.·3 Dec 1875·Supreme Court of Victoria, at Law

"County Courts Statute 1869"Set-off exceeding limit of jurisdiction.

MORRISON v. NEILL1 VLR (L) 287

BARRY, FELLOWS, and STEPHEN, JJ.·2 Dec 1875·Supreme Court of Victoria, at Law

Vendor and purchaserContract by letters — Alternative offer — Dilapidations during delay in giving possession.

WILLETT v. TURNER1 VLR (L) 294

BARRY, and FELLOWS, JJ.·7 Dec 1875·Supreme Court of Victoria, at Law

InsolvencyLiability of assignee for acts of bailiff.

THE CLUNES WATER COMMISSIONERS v. WINCHESTER1 VLR (L) 298

BARRY, FELLOWS, and STEPHEN, JJ.·9 Dec 1875·Supreme Court of Victoria, at Law

"Waterworks Loan Amending Act" (No. 500), sec. 6Retrospective rate.

REGINA v. LLOYD1 VLR (L) 300

BARRY, J.·9 Dec 1875·Supreme Court of Victoria, at Law

"Public Health Act" (No. 310), sec. 38.Order to raise surface of land.

REGINA v. THE JUSTICES OF CENTRAL BAILIWICK1 VLR (L) 302

BARRY, J.·10 Dec 1875·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 40Appeal — Costs.

M’FARLAND v. M’FARLAND1 VLR (L) 303

BARRY, FELLOWS, and STEPHEN, JJ.·11 Dec 1875·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 30. Maintenance of childOffer to take him back.

BRANDRICK v. JOHNSON1 VLR (L) 306

BARRY, J.·14 Dec 1875·Supreme Court of Victoria, at Law

DefamationImputation of drunkenness to a schoolmaster — No special damage.

THE QUEEN v. BRAMWELL1 VLR (L) 311

BARRY, J.·20 Dec 1875·Supreme Court of Victoria, at Law

LarcenyEvidence of corpus delicti — Gold from a mine.

MOSS v. THE LEGAL AND GENERAL LIFE ASSURANCE SOCIETY OF AUSTRALIA1 VLR (L) 315

BARRY, J.·20 Dec 1875·Supreme Court of Victoria, at Law

Policy of life assurance payable to third partyAction by such third person.

IN RE THE CAVEAT OF SLACK1 VLR (L) 319

FELLOWS, STEPHEN, and BARRY, JJ.·24 Dec 1875·Supreme Court of Victoria, at Law

"The Transfer of Land Statute" (No. 301), sec. 116Service at place named in caveat.