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10 VLR (Eq)(48 results)

Cases reported in this volume of the Victorian Reports

M’CLURE v. MARSHALL10 VLR (Eq) 1

MOLESWORTH, J.·14 Feb 1884·Supreme Court of Victoria, In Equity

DecreeExecution of conveyance — Delivery up when executed — Practice in Equity — Demand by solicitor's clerk.

BENJAMIN v. WYMOND10 VLR (Eq) 3

MOLESWORTH, J.·26 Feb 1884·Supreme Court of Victoria, In Equity

Mining companyProspectus — Misrepresentation — Liability of promoter — Secret profit — Constructive trustee — Measure of damages — Pleading in Equity — Parties — Suit on behalf — Delay — Costs — Defendant against whom no relief prayed.

IN RE WILL AND "THE STATUTE OF TRUSTS 1864"10 VLR (Eq) 25

MOLESWORTH, J.·26 Feb 1884·Supreme Court of Victoria, In Equity

Petition for adviceWill — Rent due on day of death — Bank deposit receipt — Furniture — Costs.

COOPER v. DANGERFIELD10 VLR (Eq) 28

MOLESWORTH, J.·26 Feb 1884·Supreme Court of Victoria, In Equity

NuisanceIron Foundry — Injunction — Practice.

REED v. BUCK10 VLR (Eq) 33

MOLESWORTH, J.·3 Mar 1884·Supreme Court of Victoria, In Equity

ConveyanceFoolishness — Absence of professional advice — Re-conveyance — Costs.

IN RE HAYWARD’S SETTLEMENT AND THE “STATUTE OF TRUSTS, 1864”10 VLR (Eq) 38

MOLESWORTH, J.·4 Mar 1884·Supreme Court of Victoria, In Equity

SettlementNew trustee — Vesting order.

WOLFE v. ALSOP10 VLR (Eq) 40

MOLESWORTH, J.·1 Apr 1884·Supreme Court of Victoria, In Equity

Trade markTrade name — Interlocutory injunction.

THOMSON v. ANDREW10 VLR (Eq) 48

MOLESWORTH, J.·7 Apr 1884·Supreme Court of Victoria, In Equity

County CourtRegistrar's Report — Practice — Costs.

SWAN v. SEAL10 VLR (Eq) 57

MOLESWORTH, J.·10 Apr 1884·Supreme Court of Victoria, In Equity

Undefended suitAffidavits verifying bill — Power of administrator to mortgage assets and to carry on a trade — "Transfer of Land Statute, No. 301" — Lien on certificate of title.

IN RE "THE LAND TAX ACT 1877"10 VLR (Eq) 68

MOLESWORTH, and HOLROYD, JJ.·30 Apr 1884·Supreme Court of Victoria, In Equity

"The Land Tax Act 1877" (No. 575), secs. 4, 35"Landed estate" subject to a mortgage — Transfer by father to his children — Bona fides — Valuable consideration — "Transfer of Land Statute" (No. 301), sec. 63.

ATTORNEY-GENERAL v. LANSELL10 VLR (Eq) 84

HOLROYD, J.·30 Apr 1884·Supreme Court of Victoria, In Equity

MineEncroachment — Mixing quartz raised — Wilful trespasser — Cost of mining.

WEIGALL v. BARBER10 VLR (Eq) 90

MOLESWORTH, J.·8 May 1884·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 31Vesting Order.

IN RE MARRIS10 VLR (Eq) 94

MOLESWORTH, J.·1 May 1884·Supreme Court of Victoria, In Equity

Practice in EquityLunatic — Committee — Costs of former committee.

TREACY v. WATSON10 VLR (Eq) 96

MOLESWORTH, J.·1 May 1884·Supreme Court of Victoria, In Equity

Charitable trustAttorney-General — Costs.

BROOKS v. THE QUEEN10 VLR (Eq) 100

MOLESWORTH, J.·20 May 1884·Supreme Court of Victoria, In Equity

"The Land Act 1869" (No. 360), s. 45Crown land — Lease — Easement over adjoining Crown land — Water right.

ROBERTSON v. THE QUEEN10 VLR (Eq) 111

MOLESWORTH, J.·26 May 1884·Supreme Court of Victoria, In Equity

"The Land Act 1862" (No. 145), ss. 22, 23, 24Crown Land — Selection — Lease — Right to grant in fee.

PFEIL v. THOROGOOD10 VLR (Eq) 117

MOLESWORTH, J.·9 June 1884·Supreme Court of Victoria, In Equity

Administration suitCosts — General rule — Exception.

LOGAN v. HOCKING10 VLR (Eq) 120

MOLESWORTH, J.·18 June 1884·Supreme Court of Victoria, In Equity

Hospitals and Charitable InstitutionsAct No. 220, s. 11 — Bye-law — Ultra vires — Committee — Qualification — Secretary.

BROWN v. ABBOTT10 VLR (Eq) 129

MOLESWORTH, J.·26 June 1884·Supreme Court of Victoria, In Equity

AdministrationAnnuity — Rabbit pest.

PAIN v. FLYNN10 VLR (Eq) 131

MOLESWORTH, J.·16 July 1884·Supreme Court of Victoria, In Equity

Specific performanceVendor and purchaser — Principal and agent — Contract by agent appointed by parol.

MERRY v. THE QUEEN10 VLR (Eq) 135

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·17 July 1884·Supreme Court of Victoria, In Equity

19 Vic. No. 13, ss. 4, 5Practice in Equity — Appeal from Judge in Chambers — Two Appellants — Deposit — "The Statute of Evidence 1864" (No. 197), s. 4 — Commission to examine witness abroad — Discretion of Judge — Appeal.

COOPER v. DANGERFIELD10 VLR (Eq) 145

MOLESWORTH, J.·18 July 1884·Supreme Court of Victoria, In Equity

NuisanceInjunction — Costs — Endeavour to abate Nuisance — Acquiescence.

COHEN v. LINTZ10 VLR (Eq) 149

MOLESWORTH, J.·21 July 1884·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), s. 70"Settlement" — Gift of money — Investments — Practice in Equity — Dismissal of bill — Notice of motion.

IN RE ORIENTAL BANK CORPORATION10 VLR (Eq) 154

MOLESWORTH, J.·17 July 1884·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), ss. 81, 83, 176Foreign corporation — Winding-up — Jurisdiction — Service of petition — Principal place of business — Wishes of creditors — Stay of proceedings — Telegrams.

CROW v. CAMPBELL10 VLR (Eq) 186

MOLESWORTH, J.·8 Aug 1884·Supreme Court of Victoria, In Equity

Trustee and cestui que trustLand purchased on security of trust estate — Statute of Frauds — Consideration — Void agreement — "Transfer of Land Statute" (No. 301), s. 50 — Voluntary conveyance — Nominal consideration — Practice of Office of Titles.

KNIGHT v. KNIGHT10 VLR (Eq) 195

MOLESWORTH, J.·28 Aug 1884·Supreme Court of Victoria, In Equity

WillConstruction — Substitution clause — Maintenance clause — Trading business — Winding-up — Mining shares — Calls payable out of corpus — Dividends added to corpus.

FRASER v. CAMERON10 VLR (Eq) 202

MOLESWORTH, J.·5 Sept 1884·Supreme Court of Victoria, In Equity

Administration suitCosts as between solicitor and client.

HASKER v. SUMMERS10 VLR (Eq) 204

MOLESWORTH, J.·9 Sept 1884·Supreme Court of Victoria, In Equity

Husband and wifeSettlement — Voluntary conveyance — Profits received by husband — Evidence — Costs.

WISBEY v. CHURCHMAN10 VLR (Eq) 214

MOLESWORTH, J.·18 Sept 1884·Supreme Court of Victoria, In Equity

"The Land Act 1869" (No. 360), secs. 20 & 21Partnership in selections — Partnership in produce.

COHEN v. LINTZ10 VLR (Eq) 222

MOLESWORTH, J.·18 Sept 1884·Supreme Court of Victoria, In Equity

Practice in EquityVarying decree — Costs — Insolvent estate — Surplus — Jurisdiction.

IN RE HUNT10 VLR (Eq) 224

MOLESWORTH, J.·25 Sept 1884·Supreme Court of Victoria, In Equity

InfantMaintenance — Breaking in on corpus.

HAYES v. WILSON10 VLR (Eq) 226

MOLESWORTH, J.·1 Oct 1884·Supreme Court of Victoria, In Equity

"The Wills Statute 1864" (No. 222), s. 31Construction of will — Death of devisee before will executed — Corpus of share — Gift over.

HOP BITTERS MANUFACTURING CO. v. LUKE10 VLR (Eq) 234

MOLESWORTH, J.·9 Oct 1884·Supreme Court of Victoria, In Equity

Trade nameInjunction — Exclusive use of name — Costs — Identity of label.

DAVEY v. BAILEY10 VLR (Eq) 240

MOLESWORTH, J.·10 Oct 1884·Supreme Court of Victoria, In Equity

Voluntary settlementEvidence — Depositions in insolvency — "The Instruments and Securities Statute 1864" (No. 204), s. 56 — Act No. 557, s. 1, 15 — Bill of sale — Unregistered contract of sale.

DOUGLAS v. M’INTYRE10 VLR (Eq) 249

MOLESWORTH, J.·14 Oct 1884·Supreme Court of Victoria, In Equity

Voluntary conveyanceInsolvency of grantor — Refusal of assignee to sue — Creditors' suit — Costs of bill — Dismissal.

PRESIDENT &c. OF SHIRE OF BALLAN v. THE QUEEN10 VLR (Eq) 255

MOLESWORTH, J.·21 Oct 1884·Supreme Court of Victoria, In Equity

Lease of reservoirLicense to cut race — "Crown Remedies and Liabilities Statute 1865" (No. 241) — Inconsistent leases or licenses — Injunction.

ORTON v. PRENTICE10 VLR (Eq) 258

MOLESWORTH, J.·1 Jan 1910·Supreme Court of Victoria, In Equity

Practice in EquityAdministration suit — Decree — Consent order.

BUTCHER v. MARTIN10 VLR (Eq) 260

MOLESWORTH, J.·27 Oct 1884·Supreme Court of Victoria, In Equity

Practice in EquityAdministration suit — Executors' costs.

SUMNER v. SUMNER10 VLR (Eq) 261

MOLESWORTH, J.·30 Oct 1884·Supreme Court of Victoria, In Equity

Construction of will"Charitable purpose."

TRUSTEES EXECUTORS AND AGENCY CO. v. FOY10 VLR (Eq) 267

MOLESWORTH, J.·30 Oct 1884·Supreme Court of Victoria, In Equity

WillGift to wife — Condition subsequent in restraint of second marriage — Income during widowhood.

N. HANBURY LIMITED v. DUMSDAY10 VLR (Eq) 272

MOLESWORTH, J.·17 Nov 1884·Supreme Court of Victoria, In Equity

5 & 6 Vic. c. 45Copyright — "Book" — Injunction.

IN RE THE BUZOLICH PATENT DAMP-RESISTING AND ANTI-FOULING PAINT COMPANY LIMITED10 VLR (Eq) 276

MOLESWORTH, J.·21 Nov 1884·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), sec. 73 subsec. v.Company — Winding up — Allegation in petition — Internal management.

BELL v. CLARKE10 VLR (Eq) 283

MOLESWORTH, J.·28 Nov 1884·Supreme Court of Victoria, In Equity

Mortgagor and mortgageeAccounts — Practice in Equity — Taking of evidence on commission — Recalling witness — Calling fresh witnesses after case closed — Chief Clerk's office — Mode of taking account.

DAVEY v. PEIN10 VLR (Eq) 306

MOLESWORTH, HIGINBOTHAM, and HOLROYD, JJ.·1 Dec 1884·Supreme Court of Victoria, In Equity

"The Life Assurance Companies Act 1873" (No. 474), s. 37Pleading in Equity — Parties — Next-of-kin.

WALPOLE v. COLONIAL BANK OF AUSTRALASIA10 VLR (Eq) 315

MOLESWORTH, HOLROYD, and WILLIAMS, JJ.·2 Dec 1884·Supreme Court of Victoria, In Equity

"The Life Assurance Companies Act 1873" (No. 474), s. 39Life policy — Condition — Death by assured's own hand — Mortgage of policy — Notice of assignment of policy — Conveyance — Expressed consideration — Evidence — Coroner's inquisition.

IN THE MATTER OF THE "REAL PROPERTY STATUTE 1864," AND QUINN10 VLR (Eq) 336

MOLESWORTH, J.·5 Dec 1884·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213), s. 89"The Judicature Act 1883" (No. 761), s. 23 — Settled estate — Sale — Form of order.

CRICHTON v. MORRIS10 VLR (Eq) 338

MOLESWORTH, J.·15 Dec 1884·Supreme Court of Victoria, In Equity

Vendor and purchaserSale of land — Contract — Statute of Frauds — Frontage to street — Rectangular block.

MITCHELL v. M’DOUGAL10 VLR (Eq) 340

MOLESWORTH, J.·19 Dec 1884·Supreme Court of Victoria, In Equity

Practice in EquityMotion for judgment pro confesso — Making up of roll — Order striking out co-plaintiffs.