HEARD v. FLANNAGAN10 VLR (L) 1
Master and servant — Negligence of servant — Scope of authority.
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Cases reported in this volume of the Victorian Reports
Master and servant — Negligence of servant — Scope of authority.
Banker and customer — Dishonour of cheque — Special damage — Farmer.
Fraud summons — Reasonable time for payment — Refusal of debtor to pay.
Insurance — Guaranty of fidelity — Fraud committed during period of policy, but discovered after its termination.
Principal and agent — Sale as agent for named principal — Receipt for deposit on same paper, without stating agency.
"The Pounds Act 1874" (No. 478), ss. 14, 34 — "The Land Act 1869" (No. 360) s. 60 — Seizure of trespassing sheep by managers of common — Pleading.
"Medical Practitioners Statute 1865" (No. 262), sec. 12 — Medical services and attendance — Action for compensation for injuries sustained by negligence — Evidence of medical practitioner as to plaintiff's condition.
Building Society — Rules — Effect of long continued departure from them.
Interpleader — "Common Law Procedure Statute 1865" (No. 274), sec. 189 — Determination of merits by judge in summary way — Largeness of amount in dispute.
Warranty — Sale of goods as of certain size.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 40 — Application to review order of maintenance — Practice — No appearance for applicant — Costs to respondent.
"The Licensing Act 1876" (No. 566), ss. 18, 30 38 — Application for license — Refusal — Statement of objections and grounds of refusal.
Master and servant — Negligence of servant — Scope of authority.
Principal and agent — Public body — Secretary employed by creditor to collect his accounts.
New trial — Action by administrator of person injured by negligence — "The Statute of Wrongs 1865" (No. 251), sec. 14 — Failure of jury to apportion damages amongst persons for whose benefit action brought — Nominal damages.
Contract — Principal and agent — Non-existing principals — Pleading — Immaterial issue — Traverse of matter not involved in the declaration.
"Local Government Act 1874" (No. 506), secs. 248, 254, 260 — Retrospective rate — Mandamus.
Pleading at law — Fraud — Contract — Sale of goods — Warranty — Plea of diminution in value.
Practice at law — Interrogatories — Libel — Anonymous letter in newspaper — Question whether defendant, if not the writer, knows who wrote it — Answer tending to criminate.
"The Neglected and Criminal Children's Act 1864" (No. 216), ss. 24, 27 — Rule to quash — Order or conviction — Act No. 571, sec. 4.
Central Criminal Court — Practice — Fresh evidence — Certiorari.
Nuisance — Acquiescence by lying by — Knowledge.
Certiorari — "The Mining Statute 1865" (No. 291), ss. 145, 230, 244 — Taxation of costs — Settling decree — Appeal.
Supreme Court Rules — Power to relax — 15 Vic. No. 10, s. 32.
Cheque — Essential features of.
"The Licensing Act 1876" (No. 566) ss. 77, 104 — "The Justices of the Peace Statute 1865" (No. 267), s. 117 — Conviction imposing fine, in default distress, in default imprisonment.
"Common Law Procedure Statute 1865" (No. 274), s. 266 — Order staying proceedings — Costs of reference.
Contract for sale of land — Compensation clause — Condition for waiver of objections to title — Misrepresentation — Pleading at law — Departure.
"The Mining Companies Act 1871" (No. 409), s. 38 — "Book of account."
Contract of sale — Act No. 557, s. 15 — Contract in writing — True statement of consideration — Fee on case stated by justices.
Evidence — Obtaining money by false pretences — Admissible question — Minute-book of club.
"Married Women's Property Act" (No. 384), s. 18 — "Having property for her separate use" — Equitable separate estate for life under settlement before marriage — Act of Parliament — Construction — Inquiry into history of Act.
"Local Government Act 1874" (No. 506), ss. 213, 225, 246 — Processions — Bye-law — Reasonableness of — Mode of impeaching validity of — Power liable to abuse.
Verbal mortgage of chattel — Fire Insurance — Insurable interest — Amount recoverable by insured — "The Instruments and Securities Statute 1864" (No. 204), s. 46.
Practice at Law — New trial — Discovery of fresh evidence.
"Insolvency Statute 1871" (No. 379), ss. 129, 131 — Proving creditors — Acceptance of composition — Release from sequestration — Dissentient minority.
"The Pounds Act 1874" (No. 478), s. 15 — "The Land Act 1869" (No. 360), Part IV. s. 60 — Managers of common — Trespass rates.
Act of Parliament — Permissive words only — Authority to commit a nuisance — "Local Government Act 1874" (No. 506), s. 377.
"County Court Statute 1869" (No. 345), s. 120 — Settlement of appeal case — Seal — County Court Rules 1881, rr. 269, 270, 271.
Evidence — Criminal trial — Right of jury to elicit evidence.
"The Copyright Act 1869" (No. 350), ss. 36, 50 — "Person aggrieved" — "New and original" engraving.
Act No. 630, sec. 2 — Regulation prohibiting processions — Decision of Justices on facts.
"Local Government Act 1874" (No. 506), s. 18 — Boundary described by road — Side of road — Centre line of road.
Arbitration — Award not dealing with all matters submitted — Practice — "The Judicature Act 1883" (No. 761), sec. 13 — Order 64, Rule 14 — 9 & 10 Will. III., c. 15, sec. 2 — Setting aside an award — Terms — Sittings of Full Court — Costs.
"Local Government Act 1874" (No. 506), s. 386 — Crown lands — Removal of material from.
Sale of goods — Implied warranty — Right of purchaser after receiving and retaining goods to recover damages for breach of warranty.
Lease — Covenant not to sublet — Breach before execution by lessor — Waiver.
Evidence — Criminal trial — Statements made in prisoner's presence — Admissions by conduct.
Road or street — Property in soil of — Presumption of grant ad medium filum vi — Crown grant of freehold reserving precious metals — Right of freeholder.
Criminal trial — Evidence — Murder — Threats uttered by the accused — Footprints — Comparison of plaster casts of — Judge's charge — Suggested motive.
Practice — Act No. 502, ss. 2, 22 — Libel — Information in the name of the Prothonotary — Warrant of nisi prim — Trial at bar.
"The Licensing Act 1876" (No. 566), s. 50 — "Married Women's Property Act" (No. 384), s. 18 — Married woman — Publican's license.
Father's liability for son's trespass — Ratification of wrongful act.
"The Justices of the Peace Statute 1865" (No. 267), ss. 111-125 — "The Licensing Act 1876" (No. 566), s. 54 — Fine — Conviction ordering payment, distress, or imprisonment.
Public highway — Navigable river — Disturbance of bed of river — Negligence — Statutory authority to interfere with common law rights — "The Melbourne Harbour Trust Act 1876" (No. 552), s. 50.
Goldfields common — "The Pounds Act 1874" (No. 478), s. 14 — "Place trespassed upon" — Distress damage feasant — Unreasonable detention — Trespass ab initio.
Practice — "County Court Statute 1869" (No. 345), s. 43 — Order to stay proceedings in Supreme Court and remit to County Court — Action for Negligence.
"The Amending Land Act 1865" (No. 237), s. 41 — Timber reserve — Pastoral run — Misrepresentation.
Supreme Court Rules 1884 — Ord. 38, R. 23 — Affidavits — Exhibits.
"The Fences Statute 1874" (No. 479), sec. 7 — Service of notice to fence — Personal service — What constitutes.
"The Justices of the Peace Statute 1865" (No. 267), s. 127 — Conviction — Sentence to commence at expiration of another sentence.
Act No. 319, s. 2 — Affidavit "made and signed" — Form of jurat.
"The Pawnbrokers Statute 1865" (No. 248), s. 21 — Pledge-ticket — Signature — Printed name.
Imprisonment for debt — Act No. 284, sec. 3 — Form of order — Informal order — Order nisi to quash — Amended order.
15 Vic. No. 10, s. 19 — "The Judicature Act 1883" (No. 761), ss. 10, 19 — Supreme Court Rules 1884, Ord. 63, R. 2* — Practice — Exparte application.
"The Pounds Act 1874" (No. 478), s. 14 — "Substantial fence" — "The Fences Statute 1874" (No. 479), s. 4 — "Sufficient fence."
"County Court Statute 1869" (No. 345), ss. 72, 73, 74 — Action of ejectment — Trial by jury — Jurisdiction — Waiver — Consent — Right of County Court to correct its own proceedings.
Practice — Appeal cases — Title of cause — Appeal from County Court — Costs.
Criminal trial — Act No. 502, s. 20 — Presentment — Offence different from that for which committed.
"Local Government Act 1874" (No. 506), s. 285 — Recovery of rate — Property not rateable under the Act.
New trial — Discovery of fresh evidence — New defence — Costs.
Order nisi for prohibition — Nothing to prohibit — Application to alter into order to quash.
"Transfer of Land Statute" (No. 301) — Act No. 610 — Easement appurtenant — Registrar — Disputed title — Procedure — Caveat.
Trade mark — Exclusive use of words — Resemblance of design — Injunction.