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12 VLR(184 results)

Cases reported in this volume of the Victorian Reports

RISMONDO v. RISMONDO12 VLR 1

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

MAY v. MARTIN12 VLR 3

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

PracticeAppeal — Two appeals in one notice of appeal — Order appealed from not produced in time to officer of Court — Order 58, r. 8.

GRANGER v. THE ST. MUNGO G.M. CO.12 VLR 5

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"The Regulation of Mines and Machinery Act 1883" (No. 783), s. 5Employing miner below ground more than eight hours a day — Half-hour for refreshment.

REGINA v. HENRICKS12 VLR 6

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct No. 565, s. 13 — Court more easy of access — Fresh summons.

ATTFIELD v. BOX12 VLR 7

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·3 Feb 1886·Supreme Court of Victoria (Full Court)

"The Landlord and Tenant Statute 1864" (No. 192), ss. 91, 97"The Justices of the Peace Statute 1865" (No. 267), s. 150 — Appeal from direction for issue of warrant of possession.

HANCOCK v. CUNNAIN12 VLR 9

WILLIAMS, HOLROYD and COPE, JJ.·3 Feb 1886·Supreme Court of Victoria (Full Court)

CarrierOf passengers — Cab proprietor — Liability for loss of passengers' luggage.

REGINA v. HERON12 VLR 12

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. ,·4 Feb 1886·Supreme Court of Victoria (Full Court)

"The Rabbit Suppression Act 1884" (No. 813), ss. 4, 9, 15"The Public Works Statute 1865" (No. 289), s. 15 — Proceeding against Board of Land and Works before justices.

REGINA v. ALLEY12 VLR 13

WILLIAMS and HOLROYD, JJ.·9 Feb 1886·Supreme Court of Victoria (Full Court)

ConspiracyDischarge of one of two charged — Refusal of justices to proceed — Practice — Full Court business — Rule to justices to hear and determine.

LUPLAU v. THE VICTORIAN RAILWAYS COMMISSIONERS12 VLR 18

WILLIAMS, HOLROYD, and COPE, JJ.·9 Feb 1886·Supreme Court of Victoria (Full Court)

"The Victorian Railways Commissioners Act 1883" (No. 767), ss. 54, 61, 74Negligent carriage of passenger — Notice of action.

REGINA v. SHAW12 VLR 23

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·9 Feb 1886·Supreme Court of Victoria (Full Court)

"The Public Health Amendment Statute 1883" (No. 782), s. 93Certificate of inhabitants to Local Board of Health — Ratepayers.

REGINA v. FULLARTON12 VLR 25

WILLIAMS, HOLROYD and COPE, JJ.·10 Feb 1886·Supreme Court of Victoria (Full Court)

"The Public Health Amendment Statute 1883" (No. 782), ss. 33, 36Adulteration of coffee — Chicory — Notice by label — Notice on wrapper.

GANNON v. WHITE12 VLR 29

WILLIAMS, HOLROYD, and COPE, JJ.·11 Feb 1886·Supreme Court of Victoria (Full Court)

LibelNewspaper report of proceedings a public meeting.

BROWN v. M’KINLEY12 VLR 36

PER CURIAM WILLIAMS, HOLROYD, and COPE, JJ. .·11 Feb 1886·Supreme Court of Victoria (Full Court)

LibelFacts commented upon must be proved to exist.

JELLIE v. FORSYTHE12 VLR 39

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·12 Feb 1886·Supreme Court of Victoria (Full Court)

"The Sales by Auction Statute 1864" (No. 203), s. 4Sale by unlicensed auctioneer — Validity of sale.

KENNEDY v. THE PRESIDENT &C.12 VLR 41

PER CURIAM WILIAMS, HOLROYD and COPE, JJ. .·12 Feb 1886·Supreme Court of Victoria (Full Court)

"Local Government Act 1874" (No. 506), s. 146Returning officer — Expenses of election — Fee as returning officer.

REGINA v. FINLAY12 VLR 43

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·12 Feb 1886·Supreme Court of Victoria (Full Court)

"The Passengers, Harbours and Navigation Statute 1865" (No. 255), ss. 40, 51Rules and Regulations — Regulation prohibiting bathing of dogs from pier — Good in part — Construction — Ejusdem generis — "Other person" — Practice — Number of counsel heard.

WERTHEIM v. CHEEL12 VLR 46

WILLIAMS, HOLROYD and COPE, JJ.·15 Feb 1886·Supreme Court of Victoria (Full Court)

Landlord and tenantDistress for rent — Chattels of stranger — Instruments of trade.

POWER v. THE QUEEN12 VLR 50

WILLIAMS, HOLROYD and COPE, JJ.·15 Feb 1886·Supreme Court of Victoria (Full Court)

"Companies (Colonial Register) Act 1883," 46 & 47 Vict., cap. 30Union Bank of Australia — Liability of shares on local register to probate duty in Victoria.

IVERSON v. ROWLANDS12 VLR 57

WILLIAMS, HOLROYD and COPE, JJ.·15 Feb 1886·Supreme Court of Victoria (Full Court)

InsolvencyPartnership — Property of third person in hands of one partner — Reputed ownership — "The Merchant Shipping Act 1854," ss. 2, 19 — Amendment Act 1862 — Ship — Transfer without registered bill of sale — River barge not propelled by steam or sails or oars.

LOCAL BOARD OF HEALTH OF SOUTH MELBOURNE v. BEAVIS12 VLR 63

WILLIAMS, HOLROYD and COPE, JJ.·15 Feb 1886·Supreme Court of Victoria (Full Court)

"The Public Health Amendment Statute 1883" (No. 782), sec. 131Lane or passage set out on Crown land — Lane with several branches — Liability of owner abutting on part to contribute to expense of forming the whole.

NATIONAL BANK OF AUSTRALASIA v. CAMPBELL12 VLR 67

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·4 Feb 1886·Supreme Court of Victoria (Full Court)

"The Mining Companies Act 1871" (No. 409), s. 93Proof of debt — Proving creditor — Opposing creditor — Compromise — Withdrawal of opposition.

REGINA v. THE ATTORNEY-GENERAL12 VLR 73

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Mar 1886·Supreme Court of Victoria (Full Court)

"The Judicature Act 1883" (No. 761), s. 70Order nisi to state case — Case stated before Order made absolute — Use of contents of case as cause against making Order absolute.

SOLOMON v. JARVIS12 VLR 76

PER CURIAM WILLIAMS, HOLROYD and KERFERD, JJ. .·3 Mar 1886·Supreme Court of Victoria (Full Court)

PracticeSupreme Court Rules 1884 — Ord. XXXIX., r. 1 — Ord. LVIII., r. 1 — Ord. LXIV., r. 7 — Trial before judge without jury — Proper remedy for dissatisfied party.

SMITH v. M’CARTHY12 VLR 79

PER CURIAM WILLIAMS, HOLROYD and KERFERD, JJ. .·3 Mar 1886·Supreme Court of Victoria (Full Court)

EjectmentDeath of plaintiff before trial — Survival of action.

DALY v. EGAN12 VLR 81

PER CURIAM WILLIAMS, HOLROYD and KERFERD, JJ. .·4 Mar 1886·Supreme Court of Victoria (Full Court)

Supreme Court Rules 1884, Ord. XIV., r. 1Specially indorsed writ — Order for leave to sign judgment — Disputed facts — Tender.

ATTORNEY-GENERAL v. M’CARTHY12 VLR 85

PER CURIAM HIGINBOTHAM, WILLIAMS and HOLROYD, JJ. .·8 Mar 1886·Supreme Court of Victoria (Full Court)

PracticeAppeal to Full Court — Fresh evidence — Supreme Court Rules 1884, Ord. LVIII., r. 4.

MONK v. WOODS12 VLR 90

PER CURIAM HOLROYD, COPE and KERFERD, JJ. .·9 Mar 1886·Supreme Court of Victoria (Full Court)

PracticeSupreme Court Rules 1884, Ord. LVIII., r. 4 — Appeal — Fresh evidence — Appeal on question of fact.

HURST v. HURST12 VLR 93

MOLESWORTH, A.C.J.·11 Mar 1886·Supreme Court of Victoria (Full Court)

"Testamentary expenses"Duty under "Duties on the Estates of Deceased Persons Statute 1870" (No. 388) — "The Wills Statute 1864" (No. 222), s. 31 — Lapse — Gift to children as a class — Child dead at date of will — Mis recital in codicil — Gift by implication.

RISMONDO v. RISMONDO12 VLR 101

PER CURIAM HOLROYD, COPE and KERFERD, JJ. .·11 Mar 1886·Supreme Court of Victoria (Full Court)

Practice Supreme CourtNotice of motion by way of appeal — New trial — Discretion of Court — Ord. LVIII., r. 4 — Notice of appeal before judgment entered — Enlarging time for appeal — Motion — Injunction pending appeal — General summons for directions — Dismissal of whole summons — Commission to examine witness — Affidavit of solicitor — Materials.

MAY v. MARTIN12 VLR 115

HOLROYD, COPE and KERFERD, JJ.·22 Mar 1886·Supreme Court of Victoria (Full Court)

AppealTo Privy Council — Application for leave to appeal — "Motion or petition" — Whether notice of motion necessary — Appealable amount a condition precedent — Questions reserved by judge for Full Court — Decision thereon — Subsequent declaratory Act to contrary effect — Appeal from entry of judgment by judge — Res judicata.

HONGKONG AND MACAO GLASS MANUFACTURING COMPANY, LIMITED v. GRITTON12 VLR 128

HOLROYD, COPE and KERFERD, JJ.·22 Mar 1886·Supreme Court of Victoria (Full Court)

Supreme Court Rules 1884Ord. XIV., r. 1 — Action upon foreign judgment — Specially indorsed writ — Order allowing plaintiff to enter final judgment — Plaintiff incorporated company — Affidavit by local agent without personal knowledge.

COAKLEY v. VICKERY12 VLR 132

PER CURIAM HIGINBOTHAM, COPE and KERFERD, JJ. .·2 Apr 1886·Supreme Court of Victoria (Full Court)

"The Public Health Amendment Statute 1883" (No. 782), ss. 61, 68, 170Information by common informer — Appeal from justices.

REGINA v. ROBERTS12 VLR 135

HIGINBOTHAM, COPE and KERFERD, JJ.·5 Apr 1886·Supreme Court of Victoria (Full Court)

"The Criminal Law and Practice Statute 1864" (No. 233), s. 210Forgery — Forged transfer of counterfeit scrip of shares in mining company — Uttering scrip in prisoner's account at his bank, handed out by banker — Practice — Right to begin — Special case reserved.

KIRKHAM v. CARPENTER12 VLR 144

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·5 Apr 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute" (No. 301), s. 47Certificate of title — Plan in margin — Figured dimensions — Starting point — Defendant misjoined, but nevertheless appearing and defending — Plaintiff entitled to verdict against him.

STEVENS v. WILLIAMS12 VLR 152

PER CURIAM HIGINBOTHAM, COPE and KERFERD, JJ. .·10 Apr 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute" (No. 301), ss. 47, 49Certificate of title — Plan in margin — Parcels — Variance between plan with figured dimensions, and pegs upon the ground.

REGINA v. FETHERSTON12 VLR 159

HIGINBOTHAM, COPE and KERFERD, JJ.·8 Apr 1886·Supreme Court of Victoria (Full Court)

Fraud summonsOrder for imprisonment in default of payment, without award of costs of summons — Objection on ground of absence of evidence — Appeal — Act No. 284, s. 6.

COAD v. THE MAYOR &C. OF ST. ARNAUD12 VLR 162

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·9 Apr 1886·Supreme Court of Victoria (Full Court)

"Local Government Act 1874" (No. 506), s. 418Act No. 786, s. 38 — Dangerous place more than one foot from line of road, but adjoining edge of bridge over culvert — Practice — Appeal from County Court — Bond — Execution — Condition — "And" read "or."

THE HYDRO-PNEUMATIC SHAFT SINKING CO. v. THE BERRY CONSOLS G.M. CO.12 VLR 168

HIGINBOTHAM, COPE, and KERFERD, JJ.·12 Apr 1886·Supreme Court of Victoria (Full Court)

"The Patents Act 1884" (No. 808), s. 13Specification claiming several pieces of apparatus not new — Action for infringement — Disclaimer at trial of some, and claim for combination of others.

AH SUE v. CALL12 VLR 178

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·12 Apr 1886·Supreme Court of Victoria (Full Court)

LotteryAct No. 532, s. 5 — Receiving money for permission to compete in a lottery — No evidence of mode of distribution — "The Justices of the Peace Statute 1865" (No. 267), s. 114 — Form 39 — Conviction awarding costs to person not alleged to be informant.

REGINA v. WHITE12 VLR 183

HIGINBOTHAM, COPE, and KERFERD, JJ.·13 Apr 1886·Supreme Court of Victoria (Full Court)

Act No. 571Order to prohibit — Order to quash.

REGINA v. TAYLOR12 VLR 187

HIGINBOTHAM, COPE, and KERFERD, JJ.·13 Apr 1886·Supreme Court of Victoria (Full Court)

Act No. 571Order to quash — Order to prohibit — Want of jurisdiction.

REGINA v. HARSANT12 VLR 190

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·13 Apr 1886·Supreme Court of Victoria (Full Court)

"The Rabbit Suppression Act 1880" (No. 683), s. 5Act No. 721, s. 2 — Appointment of rabbit inspector — Notice to destroy — Service by post.

REGINA v. CORRIDAS12 VLR 195

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·15 Apr 1886·Supreme Court of Victoria (Full Court)

Receiving stolen propertyNo evidence as to who stole it — Suspicion that prisoner was the thief — Conviction for receiving.

OXLEY v. THE AVOCA WATER TRUST12 VLR 199

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·15 Apr 1886·Supreme Court of Victoria (Full Court)

"The Rabbit Suppression Act 1880" (No. 683), ss. 2, 3Act No. 813, ss. 4, 15 — Act No. 716, ss. 45, 48 — Liability of Water Trust for suppression of rabbits.

DALTON v. DALTON12 VLR 202

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·15 Apr 1886·Supreme Court of Victoria (Full Court)

"County Court Statute 1869" (No. 345), s. 120Appeal — From County Court — Question of fact.

PRATZ v. WEIGALL12 VLR 205

MOLESWORTH, A.C.J.·18 Feb 1886·Supreme Court of Victoria

Practice EquityExceptions — Master's report — Receipts — Application thereof — Disbursements — Reasons therefor.

IN RE BOWER’S POLICY12 VLR 210

MOLESWORTH, A.C.J.·25 Feb 1886·Supreme Court of Victoria

"Married Women's Property Act" (No. 384), s. 14Policy of Assurance for benefit of Wife and Children — Trustee — Materials.

FERGUSON v. UPTON12 VLR 213

MOLESWORTH, A.C.J.·1 Mar 1886·Supreme Court of Victoria

Landlord and tenantLease — Option to purchase "within one month" — Mistake.

IN RE BUZOLICH PAINT CO.12 VLR 215

MOLESWORTH, A.C.J.·18 Mar 1886·Supreme Court of Victoria

"The Companies Statute 1864" (No. 190), s. 114Voluntary winding-up — Application to rectify register — Opposition by liquidator.

IN RE MELBOURNE BANKING CORPORATION12 VLR 218

MOLESWORTH, A.C.J.·19 Mar 1886·Supreme Court of Victoria

"The Companies Statute 1864" (No. 190)Voluntary winding-up — Removal of official liquidator and appointment of another in his place — Evidence.

IN RE WHITE12 VLR 219

MOLESWORTH, A.C.J.·26 Mar 1886·Supreme Court of Victoria

Practice EquityInfants' property — Maintenance — Breaking in on corpus.

PECK v. LAND MORTGAGE BANK OF VICTORIA12 VLR 221

MOLESWORTH, A.C.J.·6 Apr 1886·Supreme Court of Victoria

Consolidation of loans on security of property without provision as to repaymentConsolidation of mortgages — Want of parties — Want of interest in plaintiff.

IN RE CAHILL’S ESTATE12 VLR 228

MOLESWORTH, A.C.J.·22 Apr 1886·Supreme Court of Victoria

Infant's maintenanceBreaking in on corpus.

GROOM v. PATERSON12 VLR 230

HOLROYD, J.·6 Apr 1886·Supreme Court of Victoria

Act No. 313, s. 6Stock mortgage — Stock subsequently brought on station.

BROWNE v. M’KINLEY12 VLR 240

HOLROYD, J.·9 Apr 1886·Supreme Court of Victoria

LibelStatement made in Parliament by a Minister of the Crown — Fair comment — Belief in truth of libel — Mitigation of damages.

M’GOUN v. SMITH12 VLR 244

HOLROYD, J.·28 Apr 1886·Supreme Court of Victoria

Landlord and tenantAgreement — Covenant — Condition — Covenant not to alter premises — "Fulfilling a condition" — Breach — Receipt of rent after breach — Waiver.

IN RE WOMERSLEY12 VLR 250

PER CURIAM Ante Vol. VI., I. 43. .·1 Mar 1886·Supreme Court of Victoria (Full Court)

Practice InsolvencyAmendment of order after appeal lodged.

IN RE McNALLY12 VLR 254

PER CURIAM HIGINBOTHAM, COPE, and KERFERD, JJ. .·14 Apr 1886·Supreme Court of Victoria (Full Court)

Insolvent's certificateSuspension — Refusal — Not keeping accounts — Frivolous and vexatious defence.

IN RE DOUGLAS12 VLR 265

MOLESWORTH, A.C.J.·15 Apr 1886·Supreme Court of Victoria

Practice InsolvencyOrder nisi — "Insolvency Statute 1871" (No. 379), s. 37 (viii.) — Debt less than judgment — Judgment in partnership name — Petition in individual names — Evidence — Execution on judgment — Mortgaged property — Sheriff's officer's duty.

IN THE WILL OF KELLY12 VLR 269

MOLESWORTH, J.·4 Feb 1886·Supreme Court of Victoria

Executor according to the tenorDuties as to part only of property.

RISMONDO v. RISMONDO12 VLR 270

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

IN THE WILL OF WERE12 VLR 271

MOLESWORTH, A.C.J.·11 Feb 1886·Supreme Court of Victoria

ExecutorShifting executorship — Manager for time being of a company.

IN THE WILL OF DILLON12 VLR 273

MOLESWORTH, A.C.J.·11 Mar 1886·Supreme Court of Victoria

Practice ProbateWill — Initials of attesting witnesses — Evidence — Testamentary paper referring to part only of estate — Appointment of executors to deal with that part — Administration granted to estate generally subject to testamentary paper.

IN THE ESTATE OF SILL12 VLR 276

MOLESWORTH, A.C.J.·12 Mar 1886·Supreme Court of Victoria (Full Court)

Practice ProbateAct No. 842, s. 3 — Administration — "Person entitled" — Widow — Next-of-kin — Delegation to Trustees &c. Company.

IN THE WILL OF BRIDGER12 VLR 281

MOLESWORTH, A.C.J., HOLROYD, and COPE, JJ.·12 Mar 1886·Supreme Court of Victoria (Full Court)

Act No. 842, s. 2Trustees &c. Company — Appointment by executor of company to apply for administration c.t.a. — Will before Act.

IN THE WILL OF HOPKINS12 VLR 285

MOLESWORTH, A.C.J., HOLROYD, COPE, and KERFERD, JJ.·22 Mar 1886·Supreme Court of Victoria (Full Court)

"The Married Women's Property Act 1884" (No. 828), s. 8Separate estate — Will of married woman.

RISMONDO v. RISMONDO12 VLR 288

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

IN THE WILL OF SMITH12 VLR 289

MOLESWORTH, A.C.J.·15 Apr 1886·Supreme Court of Victoria

Practice ProbateMutual will — Unattested documents incorporated in will.

IN THE WILL OF WHITE12 VLR 293

MOLESWORTH, A.C.J.·15 Apr 1886·Supreme Court of Victoria

Practice ProbateWill — Printed form signed in middle of will.

RISMONDO v. RISMONDO12 VLR 295

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

RISMONDO v. RISMONDO12 VLR 296

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

IN THE WILL AND ESTATE OF M’CORMICK12 VLR 297

WEBB, J.·20 May 1886·Supreme Court of Victoria

"The Administration Act 1872," s. 6Intestacy as to part of property — Effect of probate.

IN THE WILL OF M’ILLREE12 VLR 298

WEBB, J.·31 May 1886·Supreme Court of Victoria

Practice ProbateExecutor's commission — Carrying on testator's business — Authority by implication.

IN THE WILL OF WILLIAMS12 VLR 301

WEBB, J.·17 June 1886·Supreme Court of Victoria

Practice Probate"The Administration Act 1872," s. 36 — Order nisi — Disclaimer or consent by executor — Administration c.t.a. to a creditor.

IN THE ESTATE OF DWYER12 VLR 303

WEBB, J.·17 June 1886·Supreme Court of Victoria

Practice ProbatePerson entitled to administration — Priority — Primogeniture — Stale advertisement.

IN THE WILL OF JONES12 VLR 307

WEBB, J.·1 July 1886·Supreme Court of Victoria

Practice ProbateOld Will not proved — No personalty — Probate for purposes of title — "The Administration Act 1872," s. 6 — Death of testator before Act.

IN THE ESTATE OF MAYNARD12 VLR 313

WEBB, J.·22 July 1886·Supreme Court of Victoria

Practice ProbateAdministration — Application by one of next-of-kin as creditor — Debt disputed — Application by another of next-of-kin as such.

IN RE HAWKINS12 VLR 317

WEBB, J.·20 May 1886·Supreme Court of Victoria

Practice InsolvencyValuing security — Approximate estimates — Value of security.

GOLDENSTEDT v. GOLDENSTEDT12 VLR 321

WEBB, J.·18 June 1886·Supreme Court of Victoria

Practice MatrimonialProof of marriage — Evidence of petitioner — General reputation — Proof of foreign law — Consul.

O’CONNOR v. O’CONNOR12 VLR 324

WEBB, J.·21 June 1886·Supreme Court of Victoria

"The Marriage and Matrimonial Causes Statute 1864," s. 70Dissolution of marriage — Discretionary bars — Unreasonable delay in instituting suit — Religious scruples as to dissolubility of marriage — Influence of belief in incapacity to contract a second marriage — Desertion or wilful separation without reasonable excuse — Wilful neglect or misconduct conducing to adultery.

HALL v. THE NEW ZEALAND STONE COMPANY LIMITED12 VLR 335

PER CURIAM HIGINBOTHAM, WILLIAMS, and KERFERD, JJ. .·4 May 1886·Supreme Court of Victoria (Full Court)

PracticeRules of Supreme Court 1884 — Ord. 39 — Ord. 58 — Trial before judge without jury — Appeal on ground that finding and judgment are against evidence — Motion to reverse judgment and enter judgment for opposite party.

MARKS v. THE VICTORIAN PYRITES COMPANY LIMITED12 VLR 339

PER CURIAM HIGINBOTHAM, WILLIAMS, and KERFERD, JJ. .·10 May 1886·Supreme Court of Victoria (Full Court)

PracticeRules of Supreme Court 1884 — Ord. 58, r. 7 — Service of notice of appeal before judgment entered.

REGINA v. ALLEN12 VLR 341

PER CURIAM WILLIAMS, HOLROYD, and KERFERD, JJ. .·11 May 1886·Supreme Court of Victoria (Full Court)

"The Juries `Statute 1876"S. 86 — Drunkenness of juryman — Proceeding with trial with eleven jurors.

BRASHER v. DAVEY12 VLR 343

HIGINBOTHAM, WILLIAMS and KERFERD, JJ.·14 May 1886·Supreme Court of Victoria (Full Court)

"Insolvency Statute 1871"Ss. 60, 82 — Liability of trustee personally, in default of assets, for rent, where he entered on insolvent's premises for the purpose of taking and selling the goods.

THE LOCAL BOARD OF HEALTH FOR THE BOROUGH OF KEW v. WHIDYCOMBE12 VLR 347

PER CURIAM.·7 June 1886·Supreme Court of Victoria (Full Court)

"The Public Health Amendment Statute 1883," ss. 131, 160Street "formed or set out on private property" — Local Board of Health — Proceedings must be taken in the name of the local board — "The Justices of the Peace Statute 1865," s. 150 — Application to state a case.

MacBAIN v. MAILER12 VLR 354

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·18 June 1886·Supreme Court of Victoria (Full Court)

Construction of contractMisrepresentation — Compensation clause — Deficiency in delivery of stock — Non-rescission of contract.

IN RE THE "TRANSFER OF LAND STATUTE"12 VLR 366

HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ.·20 June 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," s. 17, sub-secs. (1) and (5)Trustees of fee simple, without power of sale — Right to bring land under the Act.

CHEETHAM v. ELLIOTT12 VLR 370

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·22 June 1886·Supreme Court of Victoria (Full Court)

Friendly societiesRule making governing body final court of appeal — Determination upon validity of its own acts — "Friendly Societies Act 1877," s. 13 — Order upon branch of society to increase rates of contribution in mode at variance with rules.

WARD v. STEPHENS12 VLR 378

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·23 June 1886·Supreme Court of Victoria (Full Court)

Market overtMarkets established under the "Local Government Act 1874," s. 451 — Rights of purchaser protected.

LANE v. CASEY12 VLR 380

HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ.·23 June 1886·Supreme Court of Victoria (Full Court)

"The Dog Act 1884," ss. 20, 24Injury by dog — Action in Supreme Court — Scienter — Practice — "Judicature Act 1883," s. 10, subs. 10 — Power of judge to refer questions of law to the Full Court, before trial of issues of fact.

CAMPBELL v. KERR12 VLR 384

HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ.·23 June 1886·Supreme Court of Victoria (Full Court)

TimberCovenant not to cut live or dead timber — Meaning of word "timber" — Practice — Right to begin where points reserved.

PEWTRESS v. SMITH12 VLR 390

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·24 June 1886·Supreme Court of Victoria (Full Court)

"The Licensing Act 1885," s. 107Hours during which the sale or disposal of liquor to the public is prohibited — Not having "doors shut and locked," on Sunday in the daytime.

MITCHISON v. BARTRAM12 VLR 395

PER CURIAM HIGINBOTHAM, WILLIAMS and HOLROYD, JJ. .·28 June 1886·Supreme Court of Victoria (Full Court)

County Court appealAppeal case — Motion to remit case — Reason for decision.

BROWNE v. THE QUEEN12 VLR 397

HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ.·29 June 1886·Supreme Court of Victoria (Full Court)

Act No. 160, s. 27"The Public Service Act 1883," ss. 2, 76 — Public Service Board — Power to dispense with service of officer appointed under Act No. 160 — "Rights and privileges."

M’GOUN v. SMITH12 VLR 414

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·29 June 1886·Supreme Court of Victoria (Full Court)

Rules of Supreme Court, August 1884r. 6 (a) — Costs — Action of ejectment — Taxation of costs on higher scale.

TANKARD v. GIBBS12 VLR 417

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·29 June 1886·Supreme Court of Victoria (Full Court)

ContractCondition precedent — Delivery of goods alongside ship — Production of ship's receipt.

WOLFE v. ALSOP12 VLR 421

HIGINBOTHAM, J.·31 May 1886·Supreme Court of Victoria

Trade markDescriptive adjective, name of town, and ordinary substantive used in a figurative sense — "The Trade Marks Registration Act 1876," s. 7 — Use by defendant of such mark in a way calculated to deceive purchasers.

IN RE DWYER12 VLR 431

WEBB, J.·17 June 1886·Supreme Court of Victoria

InfantMaintenance — Breaking in on corpus — Investment — Education.

WATSON v. WATSON12 VLR 433

WEBB, J.·14 May 1886·Supreme Court of Victoria

Vendor and purchaserCertificate of title — Contract of sale of land — Costs of bringing land under "Transfer of Land Statute" — Nudum pactum.

PERRIN v. REYNOLDS12 VLR 440

WEBB, J.·3 June 1886·Supreme Court of Victoria

Vendor and purchaserSpecific performance — Description in contract of town land by measurements, a little more or less, with buildings — Short measurement in title — Wall of building outside title — Damages for breach of contract.

IN RE THE GAMBRINUS LAGER BEER BREWERY COMPANY LIMITED12 VLR 446

WEBB, J.·9 June 1886·Supreme Court of Victoria

Companies Statute 1864, s. 90Winding-up — Settling list of contributories — Notice of allotment — Fraudulent misrepresentation — Repudiation of contract — Conditional acceptance of shares.

IN RE BURNS12 VLR 464

WEBB, J.·10 June 1886·Supreme Court of Victoria

TrustPublic subscription for benefit of specified disabled infants — Maintenance for life — Disposal of corpus on their coming of age.

CLAYTON v. EASON12 VLR 467

WEBB, J.·10 June 1886·Supreme Court of Victoria

Supreme Court Rules 1884, Ord. L. r. 9.Trustee. — Property, the subject matter of an action by cestui que trust against trustee. — Allowance out of income.

IN THE WILL OF CLEMENTS12 VLR 471

WEBB, J.·17 June 1886·Supreme Court of Victoria

Practice Supreme CourtOrder for sale of trust property — Reserved bidding.

MERRITT v. MERRITT12 VLR 473

WEBB, J.·24 June 1886·Supreme Court of Victoria

WillConstruction — Rule in Shelley's Case — Devise in trust to convey to son for life with power of appointment by Will among his children, but without power of absolute alienation, remainder to his heirs — Executory trust — Intention of testator.

WEEKES v. WILLIAMSON12 VLR 483

WEBB, J.·25 June 1886·Supreme Court of Victoria

Copyright Act 1869, s. 29Dramatic production — Dramatisation of novel by two persons — Infringement of copyright — Establishment of legal rights — Injunction — Comparison of two dramas.

SPRIGG v. THE ENGLISH, SCOTTISH AND AUSTRALIAN CHARTERED BANK12 VLR 489

MOLESWORTH, A.C.J., HIGINBOTHAM, WILLIAMS, and KERFERD, JJ.·6 May 1886·Supreme Court of Victoria (Full Court)

Vendor and purchaserSpecific performance — Time essence of contract — Condition for delivery of possession on completion of purchase.

MITCHISON v. BULLOCK12 VLR 512

MOLESWORTH, A.C.J.·10 May 1886·Supreme Court of Victoria (Full Court)

TrusteeMarriage settlement — Unauthorised investment — Allowance for improvements increasing value of settled property — Liability of beneficiary making unauthorised investment of settled funds — Costs — Discretion of Primary Judge — Appeal.

WEBB v. HUMPHRYS12 VLR 520

HOLROYD, J.·16 June 1886·Supreme Court of Victoria (Full Court)

Lunacy Statute ss. 97, 144Master-in-Lunacy — Recovery of property of lunatic patient — Summary proceeding — Not cumulative remedy — Amendment of pleadings.

REGINA v. CASEY12 VLR 525

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·21 June 1886·Supreme Court of Victoria (Full Court)

Fraud summonsCounty Court judgment — County Court Statute 1869, s. 83 — Service of judgment or copy — Notice — Irregularity — Waiver.

FULLER v. GANNON12 VLR 529

PER CURIAM HIGINBOTHAM, WILLIAMS and HOLROYD, JJ. .·22 June 1886·Supreme Court of Victoria (Full Court)

Local Government Act 1874, ss. 342, 345, 518Loan for temporary accommodation of council — Overdraft on current account not repaid at end of financial year — Illegality ab initio — Liability of councillor — Refund — Penalty.

ATTORNEY-GENERAL v. M’CARTHY12 VLR 535

PER CURIAM HIGINBOTHAM, WILLIAMS and HOLROYD, JJ. .·29 June 1886·Supreme Court of Victoria (Full Court)

Charitable trustInebriate retreat — Charge for admission — Private subscriptions — Public grant — Sale of trust property.

HOWELL v. HARDING12 VLR 538

MOLESWORTH and HOLROYD, JJ.·1 July 1886·Supreme Court of Victoria (Full Court)

Voluntary conveyanceAvoidance by subsequent sale for value — Right of purchaser, not of grantor — Covenants for quiet enjoyment and further assurance — Enforcement by Court where voluntary conveyance avoided — Liability of grantor becoming administrator of estate of beneficiary under voluntary conveyance, and afterwards selling and conveying for value — Practice — Amendment at hearing by putting in issue covenants, and demand and refusal under them — Issue directed during hearing of appeal.

BROMELL v. ROBERTSON12 VLR 560

PER CURIAM.·6 Aug 1886·Supreme Court of Victoria (Full Court)

Statute of FraudsInstruments and Securities Statute 1864, s. 107 — Sale of a right to depasture sheep — Practice — Amendment of pleadings.

KEANEY v. WILSON12 VLR 565

PER CURIAM STAWELL, C.J., HOLROYD and KERFERD, JJ. .·9 Aug 1886·Supreme Court of Victoria (Full Court)

The Rabbit Suppression Act 1880, s. 18Setting loose a rabbit — Coursing.

IN THE MATTER OF THE "TRANSFER OF LAND STATUTE"12 VLR 566

PER CURIAM STAWELL, C.J., HOLROYD and KERFERD, JJ. .·11 Aug 1886·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 117Summons to remove caveat.

REGINA v. STEWART12 VLR 567

HOLROYD, J.·11 Aug 1886·Supreme Court of Victoria (Full Court)

Indictment for felony and misdemeanourConviction for felony — The Criminal Law and Practice Statute 1864, s. 110.

BEECH v. MARTIN12 VLR 571

PER CURIAM STAWELL, C.J., HOLROYD and KERFERD, JJ. .·11 Aug 1886·Supreme Court of Victoria (Full Court)

Judicature Act 1883, s. 57Jurisdiction of County Court — Counter-claim beyond 500l. — Transfer of proceedings from the County Court to the Supreme Court.

BOX v. ATTFIELD12 VLR 574

PER CURIAM STAWELL, C.J., HOLROYD and KERFERD, JJ. .·12 Aug 1886·Supreme Court of Victoria (Full Court)

Landlord and tenantTenancy for a year at a weekly rent — Acceptance of rent at same rate subsequently — Tenancy for six months at weekly rent — Appeal from County Court — Administration of Justice Act 1885, s. 8 — Application to the Supreme Court — Grounds of appeal — Power of Full Court to award damages upon appeal.

RATCLIFFE v. ALLEN12 VLR 580

HOLROYD, J.·13 Aug 1886·Supreme Court of Victoria (Full Court)

AppealFrom County Court — Administration of Justice Act 1885, s. 8 — County Court Statute 1869, s. 120 — Appeal on question of fact — Appeal under s. 8 — Materials necessary — Points of law raised at the trial.

McLEOD v. HANRAHAN12 VLR 587

PER CURIAM STAWELL, C.J., HOLROYD and KERFERD, JJ. .·13 Aug 1886·Supreme Court of Victoria (Full Court)

Criminal Law and Practice Statute 1864, s. 73Using or working stray cattle.

GANNON v. WHITE12 VLR 589

HOLROYD, J.·20 Aug 1886·Supreme Court of Victoria (Full Court)

Rules of Supreme Court August 1884R. 3 — Costs to follow the event — Good cause for ordering otherwise — Application at the trial — Jurisdiction of Full Court to hear applications as to costs.

ALBRECHT v. PATTERSON12 VLR 597

HOLROYD, J.·20 Aug 1886·Supreme Court of Victoria (Full Court)

Slander of a woman in her tradeInnkeeper — Words imputing unchastity — Special damage — Loss of hospitality.

HARTLE v. CAMPBELL12 VLR 604

HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ.·30 Aug 1886·Supreme Court of Victoria (Full Court)

The Post Office Act 1883, s. 28Letters for keepers of lotteries, &c., outside Victoria — "Delivered."

REGINA v. THE PHARMACY BOARD12 VLR 612

PER CURIAM HIGINBOTHAM, KERFERD and WEBB, JJ. .·2 Sept 1886·Supreme Court of Victoria (Full Court)

Pharmacy Act 1876, s. 18Discretion of the Board to refuse certificate — Costs not to be awarded against board when acting in quasi-judicial capacity.

GIBBS, BRIGHT, & CO. v. CLARKE12 VLR 618

HIGINBOTHAM, J.·3 Sept 1886·Supreme Court of Victoria (Full Court)

Appeal from judge in ChambersMatters in discretion of judge — When appeal lies therefrom — Fresh materials.

REGINA v. FRASER12 VLR 622

PER CURIAM HIGINBOTHAM, KERFERD and WEBB, JJ. .·3 Sept 1886·Supreme Court of Victoria (Full Court)

Licensing Act 1885, ss. 50, 134, 141Jurisdiction of justices to hear cases involving forfeiture of liquor.

REGINA v. ROBB12 VLR 623

HIGINBOTHAM, J.·7 Sept 1886·Supreme Court of Victoria (Full Court)

Public Health Amendment Statute 1883, s. 47Inspector of local board of health — Officer.

REGINA v. AH CHACK12 VLR 628

HOLROYD, J.·8 Sept 1886·Supreme Court of Victoria (Full Court)

Police Offences Statute 1865Ss. 31, 63 — Justices of the Peace Statute 1865 — Ss. 11, 122 — Adjudication by "convicting justice" — Practice — Warrant of commitment.

M’AULEY v. BEATTY12 VLR 633

HOLROYD, J.·9 Sept 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871 ss. 35, 75, 78Sequestration of intestate's estate by defendant administratrix pending action for debt provable in insolvency — Joinder of claim against administratrix for devastavit — Practice — Raising before Court objections already dealt with in Chambers.

NICHOLLS v. CRISPE12 VLR 645

HIGINBOTHAM, J.·9 Sept 1886·Supreme Court of Victoria (Full Court)

Stamp Duties Act 1879Sec. 57 — Promissory note — Want of stamp — No objection by opposite party — Duty of Court.

REGINA v. COOK12 VLR 650

PER CURIAM HIGINBOTHAM, WILLIAMS, and WEBB, JJ. .·13 Sept 1886·Supreme Court of Victoria (Full Court)

The Criminal Law and Practice Statute 1864, s. 8Wounding with intent to murder — Transfer of intent — Evidence.

FINN v. HUNTER12 VLR 656

PER CURIAM HIGINBOTHAM, WILLIAMS and WEBB, JJ. .·14 Sept 1886·Supreme Court of Victoria (Full Court)

SlanderPrivileged communication — Complaint to police constable charging a person with theft — Meeting of land board — Privileged occasion — Charge of dishonesty against rival applicant for land.

REGINA v. GRANT12 VLR 662

PER CURIAM HIGINBOTHAM, C.J., WILLIAMS and a’BECKETT, JJ. .·7 Oct 1886·Supreme Court of Victoria (Full Court)

The Police Offences Statute 1865, s. 19Conviction or order — Restitution of stolen cattle — Costs.

GRACIE v. PRESIDENT &c. SHIRE OF TULLAROOP12 VLR 664

PER CURIAM HIGINBOTHAM, WILLIAMS and WEBB, JJ. .·12 Oct 1886·Supreme Court of Victoria (Full Court)

PracticeOrd. LXIV., r. 3 — Offices being closed — Ord. XXXIX., r. 4 — Service of notice of motion within eight days — Sundays and holidays — Ord. XL., rr. 3, 4, and 9 — Motion to set aside judgment.

COURTIS v. HALL12 VLR 669

HIGINBOTHAM, C.J.·13 Oct 1886·Supreme Court of Victoria (Full Court)

LeaseCovenant for quiet enjoyment — Reservation by lessor of right to quarry — Covenant for compensation for damages — Liability of lessor for negligence — Practice — Administration of Justice Act, s. 8 — Objections taken "at the trial" — One counsel heard on appeal.

REGINA v. SHUTER12 VLR 676

HIGINBOTHAM, C.J.·13 Oct 1886·Supreme Court of Victoria (Full Court)

The Justices of the Peace Act 1885, s. 2Limitations — Part-payment within six years — Jurisdiction of justices.

LUCAS v. MAYOR &c. OF SOUTH MELBOURNE12 VLR 678

PER CURIAM HIGINBOTHAM, C.J., WILLIAMS and KERFERD, JJ. .·13 Oct 1886·Supreme Court of Victoria (Full Court)

CostsRules of Supreme Court, August 1884 — Costs — R. 3 — Costs to follow the event — Costs of previous abortive trial.

IN RE MAYOR &C. OF SANDHURST12 VLR 682

PER CURIAM HIGINBOTHAM, C.J., WILLIAMS and KERFERD, JJ. .·14 Oct 1886·Supreme Court of Victoria (Full Court)

ArbitrationDisqualification of arbitrator by reason of interest — Waiver of objection — Act 24 Vict., No. 102, ss. 28, 66, and 67 — "Terms and Conditions" — "Price."

IN RE THONEMAN12 VLR 691

MOLESWORTH, A.C.J., and HIGINBOTHAM, J.·5 May 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871S. 37 (i) — Act of insolvency — Deed of assignment — Preferential claims — Trustee to pay preferential claims "so far as he shall deem proper."

IN RE BRUCE12 VLR 696

HIGINBOTHAM, J.·21 June 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, ss. 12, 129Insolvency Rules 1st July 1884, r. 2 — Order LII., r. 5 — Order LVIII., rr. 9, 15 — Practice Insolvency — Appeal from Court of Insolvency — Time for appeal — Order refusing application — Notice of appeal — Security for costs of appeal — jurisdiction of Court of Insolvency — Setting aside its own order — Composition — Satisfaction of judge — Exparte order — Notice — Service on all creditors.

IN RE MONKS12 VLR 712

WEBB, J.·5 Aug 1886·Supreme Court of Victoria

PracticeInsolvency — Petitioning creditor's debt — Set-off — Setting up fresh debt to neutralise set-off.

IN RE WESTON12 VLR 715

PER CURIAM HIGINBOTHAM, KERFERD, and WEBB, JJ. .·6 Sept 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, s. 136Application for certificate — Dispensing with 7s. dividend — Satisfaction of the court.

IN RE FLEMING12 VLR 719

WEBB, HIGINBOTHAM, and KERFERD, JJ.·7 Sept 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871Sec. 136 — Conditions as to certificate — Payment of 7s. in — "Out of the insolvent estate" — Scheduled creditors not proving — Creditors not in schedule proving.

IN THE ESTATE OF RUMBLE12 VLR 725

WEBB, J.·12 Aug 1886·Supreme Court of Victoria

PracticeProbate — Administration — Corporate creditor — Administration to syndic of corporation — Form of order.

IN RE IZATT12 VLR 727

WEBB, J.·19 Aug 1886·Supreme Court of Victoria

PracticeProbate — Act No. 842, ss. 5 and 6 — Delegation of acts and duties of administrator to Trustees, Executors, & c., Company, after greater part of estate realised.

IN THE WILL OF REILLY12 VLR 728

WEBB, J.·14 Oct 1886·Supreme Court of Victoria

PracticeProbate — Value of property — Form of affidavit.

IN THE ESTATE OF CURNOW12 VLR 729

WEBB, J.·10 Dec 1886·Supreme Court of Victoria

ProbateWill exercising power of appointment only — Grant of administration as to residue of estate.

IN RE PIERCE12 VLR 733

WEBB, J.·13 Dec 1886·Supreme Court of Victoria

PracticeProbate — Executor according to the tenor — Bequest of money "after paying" debts — Direction to pay debts out of a particular fund — Person entitled to administration c.t.a. — Next of kin expressing determination to press claims contrary to Will.

RISMONDO v. RISMONDO12 VLR 737

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

CREMAR v. CREMAR12 VLR 738

HIGINBOTHAM, C.J.·13 Oct 1886·Supreme Court of Victoria (Full Court)

PracticeDivorce — Dissolution of marriage — Judicial separation — Adultery — Cruelty — Uncorroborated evidence of petitioner — Ord. LVIII., r. 4 — Further evidence on appeal to Full Court — Legal cruelty — Domicil Jurisdiction.

TAYLOR v. THE LAND MORTGAGE BANK OF VICTORIA LIMITED12 VLR 748

WEBB, J.·6 July 1886·Supreme Court of Victoria

Transfer of Land Statute, ss. 42, 117Caveat — Contract of sale — Specific performance — Transfer — Power and duty of transferror to have caveat removed.

DICKIE v. O’CALLAGHAN12 VLR 756

WEBB, J.·15 July 1886·Supreme Court of Victoria

Specific performanceTown property — Adjoining houses — Party wall not mentioned in contract of sale.

ROSS v. ROBINSON12 VLR 764

WEBB, J.·22 July 1886·Supreme Court of Victoria

Vendor and purchaserAttempted novation without consent of purchaser — Breach of contract — Damages.

IN RE THE NEW IMPERIAL TIN MINING COMPANY LIMITED12 VLR 775

WEBB, J.·12 Aug 1886·Supreme Court of Victoria

Companies Statute 1864Winding-up — Petition by corporation — Manager's affidavit.

IN RE THE MUTUAL LIVE STOCK FINANCIAL AND AGENCY COMPANY LIMITED12 VLR 777

WEBB, J.·12 Nov 1886·Supreme Court of Victoria

Companies Statute 1864Voluntary winding-up — Petition for compulsory winding-up — Order for winding-up under supervision — Removal of liquidator — Grounds of removal — "On due cause shown."

GLEESON v. GLEESON12 VLR 783

WEBB, J.·15 Nov 1886·Supreme Court of Victoria

WillVested legacy — Gift to infant, followed by direction to pay on coming of age — Maintenance — Interest — Gift to wife of residence and occupation of a dwelling-house, and use of furniture for life — Right to take rent and interest upon proceeds thereof respectively.

ALLEN v. EDMONDS12 VLR 789

WEBB, J.·16 Dec 1886·Supreme Court of Victoria

Life Assurance Companies Act 1873, s. 37Power of disposition of policy of insurance — Exemption from debts of assured — Marshalling assets in favour of creditors — Devise of real estate in general terms, not a specific devise — Abatement of legacies — Priority of executor's legacy — Administration by originating summons — Costs — "Testamentary expenses."

GOLDBERG v. DEVLIN12 VLR 795

PER CURIAM HIGINBOTHAM, C.J., HOLROYD and WEBB, JJ. .·29 Sept 1886·Supreme Court of Victoria (Full Court)

Stamp Duties Act 1879, ss. 38, 46 (2), 47 (1)Promissory note — Admissibility in evidence — Cancellation of adhesire stamp.

UNION BANK OF AUSTRALIA LIMITED v. ANDREWS12 VLR 801

PER CURIAM HIGINBOTHAM, C.J., HOLROYD and WEBB, JJ. —·29 Sept 1886·Supreme Court of Victoria (Full Court)

PartiesContract entered into by chartered unlimited company — Subsequent registration as limited company — Suing officer — Non-joinder of former suing officer as plaintiff.

GUEST v. R. GOLDSBROUGH AND COMPANY LIMITED12 VLR 804

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·5 Oct 1886·Supreme Court of Victoria (Full Court)

Right-of-wayPublic user — Presumption of dedication — Time — New trial — Misdirection — Order XXXIX., r. 6 — Verdict against weight of evidence — Unreasonable finding.

REGINA v. MUSGROVE12 VLR 812

PER CURIAM HIGINBOTHAM, C.J., WILLIAMS and A’BECKETT, JJ. .·8 Oct 1886·Supreme Court of Victoria (Full Court)

Customs Act 1883ss. 206, 244 — Sufficiency of form of conviction given in the Schedule — Proof of offence in terms of the Act.

REGINA v. KENNY12 VLR 816

HIGINBOTHAM, C.J.·1 Nov 1886·Supreme Court of Victoria (Full Court)

EvidenceAdmissibility of wife's evidence against her husband — Depositions — Admissibility of.

ALBRECHT v. PATTERSON12 VLR 821

HIGINBOTHAM, C.J., WILLIAMS and WEBB, JJ.·1 Nov 1886·Supreme Court of Victoria (Full Court)

SlanderWords not actionable per se — Imputation of unchastity to a woman — Special damage laid and proved — General damages not recoverable.

MITCHELL v. THE WELSHMAN’S GOLD MINING COMPANY12 VLR 829

PER CURIAM WILLIAMS, HOLROYD, and A’BECKETT, JJ. .·3 Nov 1886·Supreme Court of Victoria (Full Court)

PracticeApplication for costs occasioned by abandoning appeal — Notice of motion.

EASTERBROOK v. PRESIDENT &c. OF SHIRE OF GRENVILLE12 VLR 830

PER CURIAM WILLIAMS, HOLROYD, and a’BECKETT, JJ. .·1 Nov 1886·Supreme Court of Victoria (Full Court)

Local Government Act Amendment Act 1883, ss. 38 and 45"Within one foot of" — Limitation of actions against municipalities — Administration of Justice Act 1885. s. 9 — Practice — Question of law reserved by judge of County Court for opinion of the Court — Number of counsel heard.

BANK OF AUSTRALASIA v. HERRICK12 VLR 832

KERFERD, J.·10 Nov 1886·Supreme Court of Victoria (Full Court)

Judicature Act 1883. s. 27Appeal as to costs — Leave of Court or Judge.

M’LEARY v. M’LEARY12 VLR 836

HIGINBOTHAM, J.·10 Nov 1886·Supreme Court of Victoria (Full Court)

PracticeSupreme Court — Certiorari — Rule nisi to quash — Papers before Court.

GOLDSTEIN v. WILSON12 VLR 839

PER CURIAM WILLIAMS, HOLROYD and a’BECKETT, JJ. .·10 Nov 1886·Supreme Court of Victoria (Full Court)

Stamp Duties Act 1879Promissory note — Bill of exchange.

REGINA v. CHOMLEY12 VLR 841

WILLIAMS, J.·16 Nov 1886·Supreme Court of Victoria (Full Court)

AppealFrom justices — Act No. 565, ss. 25 and 26 — Notice of appeal — Verbal and written notices.

REGINA v. TAYLOR12 VLR 845

WILLIAMS, J.·16 Nov 1886·Supreme Court of Victoria (Full Court)

Criminal Law and Practice Statute 1864S. 335 — Murder in pursuit of felonious intent, reduced to manslaughter by means of criminal negligence.

KELLY v. GIRDLER12 VLR 851

HOLROYD, J.·29 Nov 1886·Supreme Court of Victoria (Full Court)

ParcelsCommencing point — Angle of two private streets — Action for recovery of land — Evidence — Position as apparent on the ground — Position by measurements from corner of Government-road as shown upon plan of subdivision referred to in plaintiff's certificate as lodged in Titles Office — Secondary evidence of such plan after loss — Transfer of Land Statute, s. 134.

REGINA v. CARROLL12 VLR 859

PER CURIAM HIGINBOTHAM, C.J., WILLIAMS and HOLROYD, JJ. .·1 Dec 1886·Supreme Court of Victoria (Full Court)

Venire de novoVerdict delivered by foreman of jury — Power of Court of General Sessions to grant a new trial.

FRANKLYN v. DANBY12 VLR 863

KERFERD and WEBB, JJ.·2 Dec 1886·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, s. 70Marriage settlement — After-acquired property — "Before and in consideration of marriage" — Voluntary settlement — Covenant for future settlement of property.

SOLOMON v. JARVIS12 VLR 878

KERFERD, J. and HIGINBOTHAM, C.J.·2 Dec 1886·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 49Real Property Statute 1864, ss. 18, 19 — Ejectment — Adverse possession — Act No. 873 — Burden of proof.

WOLFE v. ALSOP12 VLR 887

WILLIAMS, J.·6 Dec 1886·Supreme Court of Victoria (Full Court)

Trade Marks Registration Act 1876, s. 5Property in name — Dishonest intention — Infringement — Registration of trade mark for over five years — Defence — Validity — Proper name — Descriptive name — Combination of words each publici juris — Reference to former partnership — Appeal on question of costs.

RISMONDO v. RISMONDO12 VLR 892

PER CURIAM WILLIAMS, HOLROYD and COPE, JJ. .·1 Feb 1886·Supreme Court of Victoria (Full Court)

"Transfer of Land Statute," No. 301, s. 117Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.

MONTFORD v. CHRISTIAN12 VLR 893

PER CURIAM WILLIAMS, HOLROYD and KERFERD, JJ.·6 Dec 1886·Supreme Court of Victoria (Full Court)

Licensing Act 1885, s. 86"Unlawful game" — Euchre — Practice in appeals from justices — Right to begin.

COULTAS v. VICTORIAN RAILWAY COMMISSIONERS12 VLR 895

PER CURIAM WILLIAMS, HOLROYD, and KERFERD, JJ. .·7 Dec 1886·Supreme Court of Victoria (Full Court)

NegligenceRemoteness of damages — "Nervous shock" — "Fright" — Proof of "impact" not necessary.

SHILLINGLAW v. THE EQUITABLE CO-OPERATIVE SOCIETY LIMITED12 VLR 898

PER CURIAM WILLIAMS, HOLROYD, and KERFERD, JJ. .·7 Dec 1886·Supreme Court of Victoria (Full Court)

Pharmacy Act 1876, s. 25, subsec. (1)Society carrying on business of chemist — Pharmaceutical chemist in its employment.

MOORE v. WASS12 VLR 900

PER CURIAM WILLIAMS, HOLROYD, and KERFERD, JJ. .·8 Dec 1886·Supreme Court of Victoria (Full Court)

Land Act 1884, s. 100Action against managers of common — Corporate name.

THE MELBOURNE AND BINGERA MINING SYNDICATE (LIMITED) v. BROUGHAM12 VLR 902

A’BECKETT, J.·23 Nov 1886·Supreme Court of Victoria

CompanyCalls — Action against person not member of company — Register of shareholders — Liability of cestui que trust.

DE GROOT v. HAMMOND12 VLR 905

PER CURIAM.·13 Dec 1886·Supreme Court of Victoria (Full Court)

Administration Act 1872, s. 6Liability of administrator — Administration of Justice Act 1885, s. 8 — Practice — Grounds of appeal.

BRUNDELL v. ALEXANDER12 VLR 908

A’BECKETT, J.·6 Dec 1886·Supreme Court of Victoria

PartnershipDissolution — Liability of retired partner for debts subsequently incurred in name of firm — Evidence — Belief of creditors — Notice or knowledge.