IN RE OWEN19 VLR 1
Practice probate — Attachment for non-payment of costs — "Rules of Supreme Court 1854," Ch. VIII., rr. 13, 14, 16.
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Cases reported in this volume of the Victorian Reports
Practice probate — Attachment for non-payment of costs — "Rules of Supreme Court 1854," Ch. VIII., rr. 13, 14, 16.
Bill of sale — Express power to sell on condition of seizure and taking possession — Failure of proof of seizure.
Practice — Specially indorsed writ — Claim for interest — Order III., r. 6 — Order XIV., r. 1.
Promissory note — Note given for payment of a debt less than amount of note.
Practice — "Rules of the Supreme Court 1884" — Order XLI., r. 5 — Indorsement of memorandum — Divorce proceedings.
Licensing Act 1890 (No. 1111), s. 92 — Colonial wine licence — Objections to grant — Proximity to school.
Evidence — Evidence Act 1890 (No. 1088), s. 60 — Evidence of previous statement of witness.
Husband and Wife — Practice — Divorce proceedings — Costs — Marriage Act 1890 (No. 1166), s. 111.
Practice — "Rules of the Supreme Court 1884" — Order XXXVIII., r. 11 — Scandal — Striking scandalous or irrelevant matter out of an affidavit.
Supreme Court Act 1890 (No. 1142), s. 62, sub-s. 7 — Jurisdiction — Enforcing compromise in action.
Practice — Order XVI., r. 9 — Order LV., r. 5 — Originating summons — Defendants representing a class.
Mines Act 1890, No. 2 (No. 1202), ss. 4, 5, 6, 7, 8, 9 — Mines Act 1891, No. 2 (No. 1251), ss. 5, 6, 19 — Applicant for mineral lease, right to have compensation determined.
Practice probate — Procedure — Action to revoke probate — "Rules of the Supreme Court 1884" — Order I., rr. 1, 2 — Order LXVIII., r. 1 — Supreme Court Act 1890 (No. 1142), s. 31.
Crimes Act 1890 (No. 1079), s. 59 — Male person, indecent assault on — Consent.
Companies Act 1890 (No. 1074), s. 67 — Evidence Act 1890 (No. 1088), s. 45 — Minutes of directors' meetings.
Justices Act 1890 (No. 1105), s. 23, sub-s. 1 — Order for substituted service — Evidence — Meaning of words "if it be made to appear to a justice."
Company — Remuneration of liquidators — Voluntary winding up.
Infants — Maintenance and education — Income.
Stamps Act 1890 (No. 1140), ss. 32, 93, and Third Schedule — Transfer of Land Act 1890 (No. 1149), s. 63 — Contract of sale of land — Assignment of contract — Stamp duty.
Will construction — Executors' commission — Legacy — Remuneration.
Licensing Act 1890 (No. 1111), ss. 102 and 115 — Licence — Death of licensee — Administrator — Widow — Agent of administrator — Holder of licence — Transfer.
Practice Probate — Administration d.b.n. — Derivative interest.
Administration action — Claim against estate — Proof of claim — Adjudication by Chief Clerk — Summons to take opinion of judge — Order 55, rr. 69-71 — "Judicature Act 1883" (No. 761), s. 49 — Promissory note — Indorsers — Sureties — Contribution — Notice of dishonour.
Champerty — Supreme Court Act 1890 (No. 1142), ss. 262, 267 — Agreement by client with solicitor to allow, latter to retain half of the damages recovered — Costs, liability of solicitor to pay.
Water Act 1890 (No. 1156) s. 56 — Tender — Forfeiture of deposit — Conditions of tender — Contract.
Evidence Act 1890 (No. 1088), s. 48 — Health Act 1890 (No. 1098), ss. 16, 35, 39 — By-laws unreasonable — Proceedings to quash by-law.
Licensing Act 1890 (No. 1111), s. 102 — "Eviction," meaning of — Special case stated by Licensing Court, materials and form of.
Vigneron's licence — Sale of liquor at a place unauthorised by the licence — Licensing Act 1890 (No. 1111), ss. 128, 182.
Transfer of Land Act 1890 (No. 1149), s. 139 — Land registered in name of executor — Registration of transfer from sheriff.
The Companies Act 1890 (No. 1074), ss. 109, 124 — Power of Court to summon persons to give evidence — Voluntary winding up.
Practice — Interpleader — "Rules of the Supreme Court 1884" — Order LVII., r. 1.
Police Offences Act 1890 (No. 1126), s. 5, sub-s. vii. — Carting filth — Proof of license — Justices Act 1890 (No. 1105), s. 204 — Excuse, proof of.
Practice — "Rules of Supreme Court 1884" — Order LIV., r. 24 — Appeal — Time within which appeal must be made — Leave to appeal granted when appeal too late — Will, construction — Gift to trustees of real estate in fee, with trust for maintenance and education of children — Direction that real estate is never to be sold.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r.1 — Specially indorsed writ — Claim for interest — Particulars.
Administration and Probate Act 1890 (No. 1060), s. 112 — Marriage settlement — Trusts for children of former marriage — Liability of settlement to duty — Voluntary settlement.
Instruments Act 1890 (No. 1103), s. 153 — Contracts of sale and of letting and hiring — Consideration — Interpleader.
Insurance — Conditions of policy — Accident policy — Notice of injury — Notice of claim — Settlement of claim — Non-compliance with conditions — Conditions precedent — Damages for breach of conditions — Waiver of breach.
Transfer of Land Act 1890 (No. 1149), s. 34 — Injunction — Adverse possession.
Ship and shipping — "Merchant Shipping Act 1854," 17 & 18 Vict., c. 104, ss. 19, 149, 150, 243, 257 — Seaman lawfully engaged — Persuading seaman to leave his ship — British ship, registration of — Flying British flag.
Imprisonment for debt — Fraudulent Debtors Act 1890 (No. 1100), ss. 22, 23 — Order of commitment, service of — Appeal from refusal to grant order nisi to review.
Justices Act 1890 (No. 1105) s. 69 — Jurisdiction of justices to enter complaint by executors.
Guarantee — Promise to pay the debt of another — Written agreement — Instruments Act 1890 (No. 1103), s. 208.
The Companies Act 1890 (No. 1074), ss. 241, 242, 244, 247, 303 — Mining company — Forfeited shares, sale of — Liability of purchaser of forfeited shares to pay past calls — Voluntary winding up — Indebtedness of company.
Principal and agent — Parol variation of written contract.
Fire insurance — Misdescription by agent — Knowledge of agent's fraud imputed to principal — Misstatement in proposal — Condition in policy that agent of insurer is to be agent of insured.
Interpleader — Summary decision by judge in Chambers — Appeal — Practice as to motion and notice of appeal — Special leave to appeal when appeal out of time — "Rules of the Supreme Court 1884" — Order LIV., r. 24 — Order LVII, r. 8 — Order LVIII, rr. 1, 15 — "Common Law Procedure Statute 1865" (No. 274), s. 198 — "The Judicature Act 1883" (No. 761), s. 33 — Supreme Court Act 1890 (No. 1142) — Acts Interpretation Act 1890 (No. 1058).
Practice — Grand jury, application for — Crimes Act 1890 (No. 1079), s. 389.
Crimes Act 1890 (No. 1079), ss. 159, 389 — Grand jury — Procedure — Form of oath for grand jury — Bill of indictment, practice as to.
Crimes Act 1890 (No. 1079) s. 389 — Grand jury — Alien, disqualification of — Motion to quash presentment.
Practice — "Rules of the Supreme Court 1884" — Order XIV., r.1 — Application for final judgment — Renewal of application upon fresh materials.
Equitable mortgage — Deposit of title deeds — Parol agreement — Instruments Act 1890 (No. 1103), s. 208 — Transfer of Land Act 1890 (No. 1149), s. 139 — Lodgment of fi. fa.
Practice — Jurisdiction — Appeal — Attachment for contempt of Court — Supreme Court Act 1890 (No. 1142), s. 37 — "Mixed matters."
Local Government Act 1890 (No. 1112), ss. 276, 277, 281, 282 — "Local Government Act 1891" (No. 1243), s. 60-27 Vict. (No. 178), s. 44 — Appeals against rates — County Court — Notice of appeal, time within which should be given — Mandamus.
The Insolvency Act 1890 (No. 1102), s. 72 — Voluntary conveyance within two years of insolvency — The Land Act 1890 (No. 1106), s. 43 — Illegal agreement.
Will — Validity of bequest — Representative order made at hearing — Appeal to Full Court — Order LVIII., r. 15 — Leave to appeal after expiry of time limited — Principles on which granted — Indemnity to respondent — Law of Mortmain — Victorian will — Bequest of money to be laid out in purchase of land in England for charitable purposes — The Public Libraries Act 1855, 18 & 19 Vict., c. 70 — The Mortmain Act 1888, 51 & 52 Vict., c. 42.
Companies Act 1890 (No. 1074) — "Companies Act Amendment Act 1892" (No. 1269), ss. 3, 4, and 5 — Winding up of bank — Meeting of creditors — Separate meetings of various classes of creditors — Three-fourths majority — Evidence of financial position — Reconstruction scheme — Sanction of Court — Considerations affecting Court — Order of Court — Order LVIII., r. 15 — Expiration of time for appealing — Special leave to appeal after expiration of time — Interpretation of English Act by English Courts — Subsequent adoption of Act in Victoria — Changing status of creditor into that of shareholder — Division of Act into parts — Construction of Act — Companies Act 1890 (No. 1074); s. 162 — Banking company in existence before Act and registered under Act — Banking company formed under Act — Liability for bank note issue — Crown Remedies and Liability Act 1890 (No. 1080), s. 17 — Debt of Crown — Priority of Crown in Victoria — Procedure — Payment of creditors pari passu.
Company — Articles of association — Power of company to purchase its own shares, ultra vires.
Practice probate — Attachment for non-payment of costs — "Rules of Supreme Court 1854," Ch. VIII., rr. 13, 14, 16.
Practice — Security of costs — Married woman — Action remitted to County Court — County Court Act 1890 (No. 1078), s. 51.
The Companies Act 1890 (No. 1074), Part II., ss. 191, 252, 254 — Mining company carrying on operations elsewhere than in Victoria — Registered office in Victoria — Mining district — Winding up — Jurisdiction of Supreme Court.
Practice probate — Attachment for non-payment of costs — "Rules of Supreme Court 1854," Ch. VIII., rr. 13, 14, 16.
Practice — "Rules of the Supreme Court 1884" — Order XVI., r. 12 — Order XVII., r. 4 — Change of parties — Assignment of interest in subject matter of action — Substituting plaintiff.
Practice — Supreme Court Act 1890 (No. 1142), s. 85 — Wilful neglect of defendant to appear — Affidavit, sufficiency of.
Justices Act 1890 (No. 1105), s. 75 — "Subject matter of complaint," meaning of — Court more easy of access — Jurisdiction.
Mines Act 1890 (No. 1120), ss. 5, 28, 29, 33 — Residence area — Adjoining allotments — Habitable dwelling.
Criminal Law — Post Office Act 1890 (No. 1128) s. 118 — Posting obscene letters.
Criminal law — Crimes Act 1890 (No. 1079), s. 19 — Administering stupefying and overpowering drugs.
Companies Act 1890 (No. 1074), s. 124 — Voluntary winding up — Balance order, necessary materials for.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Specially indorsed writ — Claim for interest.
"Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Appendix C., s. IV., No. 3 — Specially indorsed writ — Claim for interest — Particulars of interest.
Lands Compensation Act 1890 (No. 1109), s. 27 — Water Act 1890 (No. 1156) — Reference to arbitration — Certiorari.
Negligence — Fire — Damages, remoteness of — Husband and wife, interest of wife in preserving husband's property — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), s. 154 — Notice of action, sufficiency of.
Contract — Publication of work in parts — Delivery of parts immediately on publication — Completion of work within reasonable time.
Slander — Privilege — Slander repeated in answer to question.
"Rules of the Supreme Court 1884" — Order XIX., r. 27 — Order XIX., r. 19 — Striking out defence — Slander — Defence setting out different words to those charged in statement of claim — Justification.
"Rules of the Supreme Court 1884" — Order II., r. 5 — Appendix A., Part I, Nos. 5 and 6 — Writ for service out of jurisdiction — Defendants sued and served as a firm.
Champerty — Supreme Court Act 1890 (No. 1142), ss. 262, 267 — Agreement between solicitor and client allowing solicitor to retain half damages recovered — Solicitor, liability of, to pay costs of other side — Solicitor, misconduct of.
Contract — Statute of Frauds — Contract contained in series of letters.
Contract — Withdrawal of offer before acceptance — Deposit of purchase-money with agent of vendor — Action for return of deposit of purchase-money — Agent.
Companies Act 1890 (No. 1074), s. 244 — No liability company — Forfeited shares — Purchase by company — Disposal by company — Special meeting.
Interrogatory — Part admission by answer — Evidence — Executors carrying on mining operations — Labour covenants in mining leases — Compliance by executors — Liability of executors — Joint plaintiffs — Failure of one co-plaintiff — Family arrangement — How far infant bound — Deed of compromise — Confirmation of by infant on attaining majority — Setting aside confirmation.
Insolvency Act 1890 (No. 1102), s. 110 — Landlord and tenant — Bill of sale given by tenant — Distress for rent — Right of landlord.
Promissory note — Accommodation note — Contract of maker — Parol evidence, admissibility of.
Arbitration — Award — Award a nullity — Admissibility of affidavits — Practice.
Justices Act 1890 (No. 1105), s. 201 — Meaning of "order" — Jurisdiction of justices.
Instruments Act 1890 (No. 1103), ss. 165, 169, 170 — Stock mortgage — After-acquired chattels — Rights of mortgagee and of bon fide purchaser for value without notice — Equitable interest created by s. 170 — "Station," meaning of.
Contempt — Committal for contempt — Refusal to answer questions and to produce documents — Insolvency proceedings — The Insolvency Act 1890 (No. 1102), s. 135 — Non-contentious matters, proceedings in — Witness.
County Court Act 1890 (No. 1078), r. 183 — Statement of defence by defendant — Evidence as to defence not stated — Waiver of rule by plaintiff — Contract, rescission of by breach — Evidence as to rescission.
Practice — Appeal to Privy Council — Order in Council — Appealable amount.
Water Act 1890 — County Court Act 1890 (No. 1078), ss. 135, 66 — County Court Rules 1890, rr. 57, 66 — Water Act 1890 (No. 1156), s. 375 — Special case, power of County Court judge to state — Special, statutory defence, notice of — Liability of Water Trust for damage by acts under s. 375 of Act No. 1156.
Transfer of Land Act 1890 (No. 1149), ss. 74 and 140 — Protection of dealings with registered proprietor — Administrator registered as proprietor — Mortgage by administrator to secure own debt — Constructive fraud — Actual fraud.
Voluntary settlement — 27 Eliz., c.4 — Voluntary settlement of land — Expenditure by settlee on improvements — Ex post facto consideration — Sale to defeat settlement.
Bill of sale — Fictitious transaction — Letting and hiring — Reputed ownership — Order or disposition — Custom.
Instruments Act 1890 (No. 1103), s. 169 — 11th schedule, compliance with — Stock mortgage — Particulars of consideration — Registration.
Supreme Court Act 1890 (No. 1142), s. 63, sub-sec. 6 — Equitable assignment of chose in action, notice of — Parties, joinder of.
Land, natural user of — Railway construction — Adjoining occupier, duty of — Water, percolation of — Action for injury by water from negligence of adjoining owner — Act No. 821, s. 9.
Insolvency — Insolvency Act 1890 (No. 1102), s. 110 — Landlord and tenant — Landlord's preferential claim — Distrainable goods on insolvent's premises.
Assignment of chose in action — Notice of assignment — Supreme Court Act 1890 (No. 1142), s. 63, sub-sec. 6 — Companies Act 1890 (No. 1074), Part III., ss. 334, 338 and 361 — Company — Life assurance business — Registration of company — Sale of land — Condition effecting life assurance.
Deed of assignment — Creditors' deed — Trustees of deed of assignment, powers — Creditors' names appearing in schedule — Trustees disputing scheduled creditor's name — Estoppel — Action by scheduled creditor against trustees to admit claim — Creditors whose claims are admitted — Parties — Trustees representing all creditors — Evidence at hearing — Affidavit of witness used on interlocutory application — Admissibility of affidavit as admission by party on whose behalf it was used.
Insolvency Act 1890 (No. 1102), s. 37 — Judgment against firm — Non-satisfaction by one partner — Act of insolvency — Security over firm's estate — Offer to give up or value security — Order nisi — Objections.
Landlord and tenant — Fixtures — Lease giving right to remove fixtures — Expiration of lease — Continuation of tenancy — New lease — Renting own premises — Money paid under a mistake.
Company — Shareholder — Shares lodged as security — Transfer of shares in blank — Registration of office boy as shareholder — Fraud — Application to be registered in assumed name — Liability of real shareholder — Indemnity — Powers of company — Power to take shares as security — Power to become holder of shares.
Rules of Supreme Court — Order LXV., r. 27 (48) — Refresher to counsel.
Will — Trustee — Contingent interest — Maintenance — Breaking in on corpus — Account — Investment — "Incorporated bank shares" — Uncalled liability on shares — Failure of banks — Calls — Liability of trustee.
Insolvency Act 1890 (No. 1102), ss. 37 and 121 — Supreme Court Act 1890 (No. 1142), s. 63 (1) — Order nisi — Petitioning creditor's debt — Set-off — Petitioning company in liquidation — Calls — Debt due to respondent from petitioning creditors — Set-off in insolvency — Set-off in liquidation — Setting off joint debt — Demand by sheriff's officer — Demand of debt — Demand of sheriff's fees and expenses.
Deed of assignment — Alleged creditor seeking to rank on estate — Execution of deed prior to action — Parties — Creditors who have signed deed — Intention of parties to deed — Creditors whose rights readily ascertainable — Creditors whose rights unascertained or unrecognised — 13 Eliz., c. 5 — Contributing shares — Gifts in fraud of creditors — Continuing gift at periods when donor solvent and insolvent.
Mines — Adjacent mines — Encroachment accidental — Gold removed — Damages — Cost of extracting gold.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 3, 4, and 5 — Divorce suit — Decree for dissolution of marriage — Order for payment of permanent alimony — Non-payment.