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2 VLR (Eq)(36 results)

Cases reported in this volume of the Victorian Reports

CONNOLLY v. THE SHIRE OF BEECHWORTH2 VLR (Eq) 1

MOLESWORTH, J.·1 Feb 1876·Supreme Court of Victoria, In Equity

"Beechworth Waterworks Act, 1860"Water rights under permit — Inchoate contract — Contract of corporation not under seal — Acquiescence — Specific performance — Mandatory injunction — Secondary evidence of plan deposited in pursuance of Standing Orders of Assembly.

PINNOCK v. HULL2 VLR (Eq) 18

MOLESWORTH, J.·24 Feb 1876·Supreme Court of Victoria, In Equity

Administration suitUnlimited company — Deceased shareholder — Distribution of assets — Liability of executors — "Statute of Trusts 1864" (No. 234), s. 60 — Advertisement.

NEWEY v. THE GARDEN GULLY CO.2 VLR (Eq) 26

MOLESWORTH, J.·13 Mar 1876·Supreme Court of Victoria, In Equity

Appeal to Privy CouncilSecurity — Costs of Application — Discretion of the Court.

WEBB v. WERE2 VLR (Eq) 28

MOLESWORTH, J.·20 Apr 1876·Supreme Court of Victoria, In Equity

Sale of public reservePrivate rights — Highway — Injunction — User — Dedication to public — Promenade — Esplanade — Demurrer — Multifariousness.

CLARKE v. WERE2 VLR (Eq) 43

MR. JUSTICE MOLESWORTH made an order giving leave to serve the defendant out of the jurisdiction; answer to be within three months of service, and service to be verified before a Commissioner of the Supreme Court, in England.·27 Apr 1876·Supreme Court of Victoria, In Equity

PracticeDefendant out of jurisdiction — Agent — Substituted service — Notice of motion.

BOARD OF LAND AND WORKS v. ECROYD2 VLR (Eq) 45

STEPHEN, J.·8 May 1876·Supreme Court of Victoria, In Equity

Equitable assignmentGovernment "H" order — Notice — "Insolvency Statute 1871" (No. 379), s. 68, subs. 5 — Order and disposition clause.

IN RE PENNINGTON2 VLR (Eq) 49

FELLOWS, J.·13 May 1876·Supreme Court of Victoria, In Equity

InfantGuardian — Scheme — Religious impressions — Master's report — Exceptions — Appeal — Report set aside — Reference back to Master.

MICHAELIS v. COONEY2 VLR (Eq) 63

MOLESWORTH, J.·8 June 1876·Supreme Court of Victoria, In Equity

AdministrationCreditor's suit — Decree — Second suit — Stay of proceedings.

IN RE BAYLDON2 VLR (Eq) 70

MOLESWORTH, J.·15 June 1876·Supreme Court of Victoria, In Equity

LunaticAppointment of guardian — Continuing the lunatic's business — Lunacy Statute (No. 309), sec. 149.

Semble,that the Court has no authority to permit the guardian of a lunatic to continue the business of the latter.

GREEN v. SUTHERLAND2 VLR (Eq) 71

MOLESWORTH, J.·29 June 1876·Supreme Court of Victoria, In Equity

TrusteesAttorney under power — Recognition by Master.

IN RE COGNAC CO.2 VLR (Eq) 73

MOLESWORTH, J.·6 July 1876·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), sched. vii., subsecs. 6, 7Order to wind up — Omission to advertise — Post-dating order.

DRYDEN v. DRYDEN2 VLR (Eq) 74

MOLESWORTH, J.·24 July 1876·Supreme Court of Victoria, In Equity

AdministrationDecree in ecclesiastical suit — Death in 1867 — Accounts of real and personal estate — Release — Statute of Limitations — Tasmanian law — Judicial notice.

LEARMONTH v. BAILEY2 VLR (Eq) 85

MOLESWORTH, J.·24 July 1876·Supreme Court of Victoria, In Equity

"Equity Practice Statute" (No. 242), s. 6Supreme Court Rules, cap. vi. r. 32 — Order of Full Court — Impounding proceeds — Verdict of jury — Power of primary judge to rescind order of Full Court — Stay of proceedings — Setting cause down for evidence after verdict.

KING v. FULTON2 VLR (Eq) 100

MOLESWORTH, J.·28 July 1876·Supreme Court of Victoria, In Equity

"Friendly Societies Statute 1865" (No. 254), sec. 16Rules — Removal of trustees — Notice — Special meeting duly convened.

IN RE M’KAY2 VLR (Eq) 105

MOLESWORTH, J.·27 July 1876·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Petition by trustees — Construction of will — Form of petition.

LEWIS v. LEVY2 VLR (Eq) 110

MOLESWORTH, J.·31 July 1876·Supreme Court of Victoria, In Equity

MortgageExecutors of Mortgagee — Part payment to, and reduction of interest by, one executor after mortgage due — Verbal bargain.

THE ABERFELDIE GOLD MINING CO. v. WALTERS2 VLR (Eq) 116

MOLESWORTH, J.·7 Aug 1876·Supreme Court of Victoria, In Equity

"The Mining Companies Statute 1871" (No. 409), secs. 41, 42Rules — Special meeting — Notice — Removal of directors — Payment of calls, &c. — Power to vote.

WESTON v. HEMMONS2 VLR (Eq) 121

MOLESWORTH, J.·10 Aug 1876·Supreme Court of Victoria, In Equity

InjunctionSecret invention — Patent medicine — Trade mark.

ATKINSON v. SLACK2 VLR (Eq) 128

THE CHIEF JUSTICE:·1 Sept 1876·Supreme Court of Victoria, In Equity

MortgageAssignment — Pretended Sale — Redemption — Accounts — Improvements by Mortgagee — Insolvency — Purchase from official assignee — Laches — Champerty.

IN RE BURNS2 VLR (Eq) 136

MOLESWORTH, J.·5 Sept 1876·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), secs. 74, 83Inquiry as to lunacy — Petition by creditor.

THE ATTORNEY-GENERAL v. THE SHIRE OF HAMPDEN2 VLR (Eq) 138

MOLESWORTH, FELLOWS, STEPHEN, JJ.·26 Sept 1876·Supreme Court of Victoria, In Equity

"Local Government Act 1874" (No. 506), ss. 254-269Rateable property — Alteration of valuation by Council — Illegal rate — Injunction.

DRYDEN v. DRYDEN2 VLR (Eq) 153

STAWELL, C.J.·29 Sept 1876·Supreme Court of Victoria, In Equity

AdministrationDecree in ecclesiastical suit — Accounts of real and personal estate — Release — Statute of Limitations — Inquiry in Master's office.

IN RE HALL2 VLR (Eq) 156

MOLESWORTH, J.·2 Oct 1876·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213), secs. 79, 80, 104, 106Petition — Will — Settlement — Building leases.

ROSS v. BLACKHAM2 VLR (Eq) 159

MOLESWORTH, J.·2 Oct 1876·Supreme Court of Victoria, In Equity

MortgageEquitable Assignment — After-acquired property — Bonded certificates-Notice — Liability of warehouse-keeper.

THE SHAMROCK COY. v. FARNSWORTH2 VLR (Eq) 165

MOLESWORTH, J.·13 Oct 1876·Supreme Court of Victoria, In Equity

"Mining Statute 1865" (No. 291), secs. 13, 24Mining lease, comprising road abutting on alienated land — Right of owner ad medium filum — "Transfer of Land Statute" — Conclusiveness of certificate of title not produced.

IN RE WEIR2 VLR (Eq) 168

MOLESWORTH, J.·25 Oct 1876·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), secs. 61, 62, 66, 69, 102Advice and direction — Investment of proceeds of sale of real estate, where settlement is silent.

IN RE MAHE2 VLR (Eq) 171

MOLESWORTH, J.·2 Nov 1876·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Petition — Advice and direction — Construction of will — Materials for litigation.

BROOMFIELD v. SUMMERFIELD2 VLR (Eq) 174

MOLESWORTH, J.·30 Oct 1876·Supreme Court of Victoria, In Equity

Construction of willDeath of devisee during life of testator — Meaning of "share."

CHAMBERS v. CHAMBERS2 VLR (Eq) 179

MOLESWORTH, FELLOWS, STEPHEN, JJ.·18 Dec 1876·Supreme Court of Victoria, In Equity

"Land Act 1869" (No. 360), secs. 20, 21License — Partnership — Illegal agreement.

LE ROY v. HERRENSCHMIDT2 VLR (Eq) 189

MOLESWORTH, J.·20 Dec 1876·Supreme Court of Victoria, In Equity

PartnershipVerbal agreement — Duration — Uncertainty — Public policy — Accounts — No prayer for dissolution.

CUNNINGHAM v. GUNDRY2 VLR (Eq) 197

MOLESWORTH, J.·18 Dec 1876·Supreme Court of Victoria, In Equity

Specific performanceSale of land — Uncertainty of agreement — Possession — Transfer of Land Statute (No. 301), secs. 49, 50.

IN RE SLACK2 VLR (Eq) 204

MOLESWORTH, J.·4 Dec 1876·Supreme Court of Victoria, In Equity

Contempt of court in Master's officeReport by Master — Certificate — Affidavits in support of certificate — Service.

THE UNITED HAND IN HAND AND BAND OF HOPE COY. v. THE NATIONAL BANK OF AUSTRALASIA2 VLR (Eq) 206

MOLESWORTH, J.·6 Dec 1876·Supreme Court of Victoria, In Equity

Mining CompanyActs Nos. 228, 409 — Validity of Mortgage — Act No. 301, sec. 106 — Redemption suit — Sham execution and sale — Purchaser — Winding-up order.

ATTORNEY-GENERAL v. THE SHIRE OF HAMPDEN2 VLR (Eq) 221

MOLESWORTH, J.·6 Dec 1876·Supreme Court of Victoria, In Equity

Shire councilIllegal act — Individual councillors — Parties — Costs of relator.

BRYANT v. SAUNDERS2 VLR (Eq) 224

MOLESWORTH, J.·11 Dec 1876·Supreme Court of Victoria, In Equity

Mortgage of mining sharesRedemption suit — Neglect to assert claim — Once a mortgage, always a mortgage — Costs.

LEARMONTH v. BAILEY2 VLR (Eq) 228

MOLESWORTH, J.·14 Dec 1876·Supreme Court of Victoria, In Equity

Principal and agentSub-purchase by agent for sale — Practice — Finding of jury on issues of fact — Costs of abortive trial — Setting cause down for further evidence.