RISMONDO v. RISMONDO12 VLR 1
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
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"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
Practice — Appeal — Two appeals in one notice of appeal — Order appealed from not produced in time to officer of Court — Order 58, r. 8.
"The Regulation of Mines and Machinery Act 1883" (No. 783), s. 5 — Employing miner below ground more than eight hours a day — Half-hour for refreshment.
Justices of the Peace — Act No. 565, s. 13 — Court more easy of access — Fresh summons.
"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.
Carrier — Of passengers — Cab proprietor — Liability for loss of passengers' luggage.
"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.
Conspiracy — Discharge of one of two charged — Refusal of justices to proceed — Practice — Full Court business — Rule to justices to hear and determine.
"The Victorian Railways Commissioners Act 1883" (No. 767), ss. 54, 61, 74 — Negligent carriage of passenger — Notice of action.
"The Public Health Amendment Statute 1883" (No. 782), s. 93 — Certificate of inhabitants to Local Board of Health — Ratepayers.
"The Public Health Amendment Statute 1883" (No. 782), ss. 33, 36 — Adulteration of coffee — Chicory — Notice by label — Notice on wrapper.
Libel — Newspaper report of proceedings a public meeting.
Libel — Facts commented upon must be proved to exist.
"The Sales by Auction Statute 1864" (No. 203), s. 4 — Sale by unlicensed auctioneer — Validity of sale.
"Local Government Act 1874" (No. 506), s. 146 — Returning officer — Expenses of election — Fee as returning officer.
"The Passengers, Harbours and Navigation Statute 1865" (No. 255), ss. 40, 51 — Rules and Regulations — Regulation prohibiting bathing of dogs from pier — Good in part — Construction — Ejusdem generis — "Other person" — Practice — Number of counsel heard.
Landlord and tenant — Distress for rent — Chattels of stranger — Instruments of trade.
"Companies (Colonial Register) Act 1883," 46 & 47 Vict., cap. 30 — Union Bank of Australia — Liability of shares on local register to probate duty in Victoria.
Insolvency — Partnership — 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.
"The Public Health Amendment Statute 1883" (No. 782), sec. 131 — Lane 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.
"The Mining Companies Act 1871" (No. 409), s. 93 — Proof of debt — Proving creditor — Opposing creditor — Compromise — Withdrawal of opposition.
"The Judicature Act 1883" (No. 761), s. 70 — Order nisi to state case — Case stated before Order made absolute — Use of contents of case as cause against making Order absolute.
Practice — Supreme 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.
Ejectment — Death of plaintiff before trial — Survival of action.
Supreme Court Rules 1884, Ord. XIV., r. 1 — Specially indorsed writ — Order for leave to sign judgment — Disputed facts — Tender.
Practice — Appeal to Full Court — Fresh evidence — Supreme Court Rules 1884, Ord. LVIII., r. 4.
Practice — Supreme Court Rules 1884, Ord. LVIII., r. 4 — Appeal — Fresh evidence — Appeal on question of fact.
"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.
Practice Supreme Court — Notice 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.
Appeal — To 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.
Supreme Court Rules 1884 — Ord. 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.
"The Public Health Amendment Statute 1883" (No. 782), ss. 61, 68, 170 — Information by common informer — Appeal from justices.
"The Criminal Law and Practice Statute 1864" (No. 233), s. 210 — Forgery — 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.
"Transfer of Land Statute" (No. 301), s. 47 — Certificate of title — Plan in margin — Figured dimensions — Starting point — Defendant misjoined, but nevertheless appearing and defending — Plaintiff entitled to verdict against him.
"Transfer of Land Statute" (No. 301), ss. 47, 49 — Certificate of title — Plan in margin — Parcels — Variance between plan with figured dimensions, and pegs upon the ground.
Fraud summons — Order 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.
"Local Government Act 1874" (No. 506), s. 418 — Act 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 Patents Act 1884" (No. 808), s. 13 — Specification claiming several pieces of apparatus not new — Action for infringement — Disclaimer at trial of some, and claim for combination of others.
Lottery — Act 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.
Act No. 571 — Order to prohibit — Order to quash.
Act No. 571 — Order to quash — Order to prohibit — Want of jurisdiction.
"The Rabbit Suppression Act 1880" (No. 683), s. 5 — Act No. 721, s. 2 — Appointment of rabbit inspector — Notice to destroy — Service by post.
Receiving stolen property — No evidence as to who stole it — Suspicion that prisoner was the thief — Conviction for receiving.
"The Rabbit Suppression Act 1880" (No. 683), ss. 2, 3 — Act No. 813, ss. 4, 15 — Act No. 716, ss. 45, 48 — Liability of Water Trust for suppression of rabbits.
"County Court Statute 1869" (No. 345), s. 120 — Appeal — From County Court — Question of fact.
Practice Equity — Exceptions — Master's report — Receipts — Application thereof — Disbursements — Reasons therefor.
"Married Women's Property Act" (No. 384), s. 14 — Policy of Assurance for benefit of Wife and Children — Trustee — Materials.
Landlord and tenant — Lease — Option to purchase "within one month" — Mistake.
"The Companies Statute 1864" (No. 190), s. 114 — Voluntary winding-up — Application to rectify register — Opposition by liquidator.
"The Companies Statute 1864" (No. 190) — Voluntary winding-up — Removal of official liquidator and appointment of another in his place — Evidence.
Practice Equity — Infants' property — Maintenance — Breaking in on corpus.
Consolidation of loans on security of property without provision as to repayment — Consolidation of mortgages — Want of parties — Want of interest in plaintiff.
Infant's maintenance — Breaking in on corpus.
Act No. 313, s. 6 — Stock mortgage — Stock subsequently brought on station.
Libel — Statement made in Parliament by a Minister of the Crown — Fair comment — Belief in truth of libel — Mitigation of damages.
Landlord and tenant — Agreement — Covenant — Condition — Covenant not to alter premises — "Fulfilling a condition" — Breach — Receipt of rent after breach — Waiver.
Practice Insolvency — Amendment of order after appeal lodged.
Insolvent's certificate — Suspension — Refusal — Not keeping accounts — Frivolous and vexatious defence.
Practice Insolvency — Order 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.
Executor according to the tenor — Duties as to part only of property.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
Executor — Shifting executorship — Manager for time being of a company.
Practice Probate — Will — 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.
Practice Probate — Act No. 842, s. 3 — Administration — "Person entitled" — Widow — Next-of-kin — Delegation to Trustees &c. Company.
Act No. 842, s. 2 — Trustees &c. Company — Appointment by executor of company to apply for administration c.t.a. — Will before Act.
"The Married Women's Property Act 1884" (No. 828), s. 8 — Separate estate — Will of married woman.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
Practice Probate — Mutual will — Unattested documents incorporated in will.
Practice Probate — Will — Printed form signed in middle of will.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
"The Administration Act 1872," s. 6 — Intestacy as to part of property — Effect of probate.
Practice Probate — Executor's commission — Carrying on testator's business — Authority by implication.
Practice Probate — "The Administration Act 1872," s. 36 — Order nisi — Disclaimer or consent by executor — Administration c.t.a. to a creditor.
Practice Probate — Person entitled to administration — Priority — Primogeniture — Stale advertisement.
Practice Probate — Old Will not proved — No personalty — Probate for purposes of title — "The Administration Act 1872," s. 6 — Death of testator before Act.
Practice Probate — Administration — Application by one of next-of-kin as creditor — Debt disputed — Application by another of next-of-kin as such.
Practice Insolvency — Valuing security — Approximate estimates — Value of security.
Practice Matrimonial — Proof of marriage — Evidence of petitioner — General reputation — Proof of foreign law — Consul.
"The Marriage and Matrimonial Causes Statute 1864," s. 70 — Dissolution 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.
Practice — Rules 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.
Practice — Rules of Supreme Court 1884 — Ord. 58, r. 7 — Service of notice of appeal before judgment entered.
"The Juries `Statute 1876" — S. 86 — Drunkenness of juryman — Proceeding with trial with eleven jurors.
"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 Public Health Amendment Statute 1883," ss. 131, 160 — Street "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.
Construction of contract — Misrepresentation — Compensation clause — Deficiency in delivery of stock — Non-rescission of contract.
"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.
Friendly societies — Rule 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.
Market overt — Markets established under the "Local Government Act 1874," s. 451 — Rights of purchaser protected.
"The Dog Act 1884," ss. 20, 24 — Injury 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.
Timber — Covenant not to cut live or dead timber — Meaning of word "timber" — Practice — Right to begin where points reserved.
"The Licensing Act 1885," s. 107 — Hours during which the sale or disposal of liquor to the public is prohibited — Not having "doors shut and locked," on Sunday in the daytime.
County Court appeal — Appeal case — Motion to remit case — Reason for decision.
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."
Rules of Supreme Court, August 1884 — r. 6 (a) — Costs — Action of ejectment — Taxation of costs on higher scale.
Contract — Condition precedent — Delivery of goods alongside ship — Production of ship's receipt.
Trade mark — Descriptive 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.
Infant — Maintenance — Breaking in on corpus — Investment — Education.
Vendor and purchaser — Certificate of title — Contract of sale of land — Costs of bringing land under "Transfer of Land Statute" — Nudum pactum.
Vendor and purchaser — Specific 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.
Companies Statute 1864, s. 90 — Winding-up — Settling list of contributories — Notice of allotment — Fraudulent misrepresentation — Repudiation of contract — Conditional acceptance of shares.
Trust — Public subscription for benefit of specified disabled infants — Maintenance for life — Disposal of corpus on their coming of age.
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.
Practice Supreme Court — Order for sale of trust property — Reserved bidding.
Will — Construction — 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.
Copyright Act 1869, s. 29 — Dramatic production — Dramatisation of novel by two persons — Infringement of copyright — Establishment of legal rights — Injunction — Comparison of two dramas.
Vendor and purchaser — Specific performance — Time essence of contract — Condition for delivery of possession on completion of purchase.
Trustee — Marriage 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.
Lunacy Statute ss. 97, 144 — Master-in-Lunacy — Recovery of property of lunatic patient — Summary proceeding — Not cumulative remedy — Amendment of pleadings.
Fraud summons — County Court judgment — County Court Statute 1869, s. 83 — Service of judgment or copy — Notice — Irregularity — Waiver.
Local Government Act 1874, ss. 342, 345, 518 — Loan for temporary accommodation of council — Overdraft on current account not repaid at end of financial year — Illegality ab initio — Liability of councillor — Refund — Penalty.
Charitable trust — Inebriate retreat — Charge for admission — Private subscriptions — Public grant — Sale of trust property.
Voluntary conveyance — Avoidance 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.
Statute of Frauds — Instruments and Securities Statute 1864, s. 107 — Sale of a right to depasture sheep — Practice — Amendment of pleadings.
The Rabbit Suppression Act 1880, s. 18 — Setting loose a rabbit — Coursing.
Transfer of Land Statute, s. 117 — Summons to remove caveat.
Indictment for felony and misdemeanour — Conviction for felony — The Criminal Law and Practice Statute 1864, s. 110.
Judicature Act 1883, s. 57 — Jurisdiction of County Court — Counter-claim beyond 500l. — Transfer of proceedings from the County Court to the Supreme Court.
Landlord and tenant — Tenancy 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.
Appeal — From 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.
Criminal Law and Practice Statute 1864, s. 73 — Using or working stray cattle.
Rules of Supreme Court August 1884 — R. 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.
Slander of a woman in her trade — Innkeeper — Words imputing unchastity — Special damage — Loss of hospitality.
The Post Office Act 1883, s. 28 — Letters for keepers of lotteries, &c., outside Victoria — "Delivered."
Pharmacy Act 1876, s. 18 — Discretion of the Board to refuse certificate — Costs not to be awarded against board when acting in quasi-judicial capacity.
Appeal from judge in Chambers — Matters in discretion of judge — When appeal lies therefrom — Fresh materials.
Licensing Act 1885, ss. 50, 134, 141 — Jurisdiction of justices to hear cases involving forfeiture of liquor.
Public Health Amendment Statute 1883, s. 47 — Inspector of local board of health — Officer.
Police Offences Statute 1865 — Ss. 31, 63 — Justices of the Peace Statute 1865 — Ss. 11, 122 — Adjudication by "convicting justice" — Practice — Warrant of commitment.
Insolvency Statute 1871 ss. 35, 75, 78 — Sequestration 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.
Stamp Duties Act 1879 — Sec. 57 — Promissory note — Want of stamp — No objection by opposite party — Duty of Court.
The Criminal Law and Practice Statute 1864, s. 8 — Wounding with intent to murder — Transfer of intent — Evidence.
Slander — Privileged communication — Complaint to police constable charging a person with theft — Meeting of land board — Privileged occasion — Charge of dishonesty against rival applicant for land.
The Police Offences Statute 1865, s. 19 — Conviction or order — Restitution of stolen cattle — Costs.
Practice — Ord. 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.
Lease — Covenant 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.
The Justices of the Peace Act 1885, s. 2 — Limitations — Part-payment within six years — Jurisdiction of justices.
Costs — Rules of Supreme Court, August 1884 — Costs — R. 3 — Costs to follow the event — Costs of previous abortive trial.
Arbitration — Disqualification of arbitrator by reason of interest — Waiver of objection — Act 24 Vict., No. 102, ss. 28, 66, and 67 — "Terms and Conditions" — "Price."
Insolvency Statute 1871 — S. 37 (i) — Act of insolvency — Deed of assignment — Preferential claims — Trustee to pay preferential claims "so far as he shall deem proper."
Insolvency Statute 1871, ss. 12, 129 — Insolvency 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.
Practice — Insolvency — Petitioning creditor's debt — Set-off — Setting up fresh debt to neutralise set-off.
Insolvency Statute 1871, s. 136 — Application for certificate — Dispensing with 7s. dividend — Satisfaction of the court.
Insolvency Statute 1871 — Sec. 136 — Conditions as to certificate — Payment of 7s. in — "Out of the insolvent estate" — Scheduled creditors not proving — Creditors not in schedule proving.
Practice — Probate — Administration — Corporate creditor — Administration to syndic of corporation — Form of order.
Practice — Probate — 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.
Practice — Probate — Value of property — Form of affidavit.
Probate — Will exercising power of appointment only — Grant of administration as to residue of estate.
Practice — Probate — 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.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
Practice — Divorce — 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.
Transfer of Land Statute, ss. 42, 117 — Caveat — Contract of sale — Specific performance — Transfer — Power and duty of transferror to have caveat removed.
Specific performance — Town property — Adjoining houses — Party wall not mentioned in contract of sale.
Vendor and purchaser — Attempted novation without consent of purchaser — Breach of contract — Damages.
Companies Statute 1864 — Winding-up — Petition by corporation — Manager's affidavit.
Companies Statute 1864 — Voluntary winding-up — Petition for compulsory winding-up — Order for winding-up under supervision — Removal of liquidator — Grounds of removal — "On due cause shown."
Will — Vested 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.
Life Assurance Companies Act 1873, s. 37 — Power 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."
Stamp Duties Act 1879, ss. 38, 46 (2), 47 (1) — Promissory note — Admissibility in evidence — Cancellation of adhesire stamp.
Parties — Contract entered into by chartered unlimited company — Subsequent registration as limited company — Suing officer — Non-joinder of former suing officer as plaintiff.
Right-of-way — Public user — Presumption of dedication — Time — New trial — Misdirection — Order XXXIX., r. 6 — Verdict against weight of evidence — Unreasonable finding.
Customs Act 1883 — ss. 206, 244 — Sufficiency of form of conviction given in the Schedule — Proof of offence in terms of the Act.
Evidence — Admissibility of wife's evidence against her husband — Depositions — Admissibility of.
Slander — Words not actionable per se — Imputation of unchastity to a woman — Special damage laid and proved — General damages not recoverable.
Practice — Application for costs occasioned by abandoning appeal — Notice of motion.
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.
Judicature Act 1883. s. 27 — Appeal as to costs — Leave of Court or Judge.
Practice — Supreme Court — Certiorari — Rule nisi to quash — Papers before Court.
Stamp Duties Act 1879 — Promissory note — Bill of exchange.
Appeal — From justices — Act No. 565, ss. 25 and 26 — Notice of appeal — Verbal and written notices.
Criminal Law and Practice Statute 1864 — S. 335 — Murder in pursuit of felonious intent, reduced to manslaughter by means of criminal negligence.
Parcels — Commencing 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.
Venire de novo — Verdict delivered by foreman of jury — Power of Court of General Sessions to grant a new trial.
Insolvency Statute 1871, s. 70 — Marriage settlement — After-acquired property — "Before and in consideration of marriage" — Voluntary settlement — Covenant for future settlement of property.
Transfer of Land Statute, s. 49 — Real Property Statute 1864, ss. 18, 19 — Ejectment — Adverse possession — Act No. 873 — Burden of proof.
Trade Marks Registration Act 1876, s. 5 — Property 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.
"Transfer of Land Statute," No. 301, s. 117 — Dismissal of action in support of caveat — Appeal — Injunction against dealing or registering a dealing, pending determination of appeal — Registration of transfer completed.
Licensing Act 1885, s. 86 — "Unlawful game" — Euchre — Practice in appeals from justices — Right to begin.
Negligence — Remoteness of damages — "Nervous shock" — "Fright" — Proof of "impact" not necessary.
Pharmacy Act 1876, s. 25, subsec. (1) — Society carrying on business of chemist — Pharmaceutical chemist in its employment.
Land Act 1884, s. 100 — Action against managers of common — Corporate name.
Company — Calls — Action against person not member of company — Register of shareholders — Liability of cestui que trust.
Administration Act 1872, s. 6 — Liability of administrator — Administration of Justice Act 1885, s. 8 — Practice — Grounds of appeal.
Partnership — Dissolution — Liability of retired partner for debts subsequently incurred in name of firm — Evidence — Belief of creditors — Notice or knowledge.