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3 VLR (IPM)(46 results)

Cases reported in this volume of the Victorian Reports

IN RE CUNNINGHAM3 VLR (IPM) 1

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE HASLAM3 VLR (IPM) 10

MOLESWORTH, J.·1 Feb 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), sec. 37, subsec. 1Act of Insolvency — Creditors' deed — Omission of creditors — Intention to include all creditors — Costs.

IN RE ROWLEY3 VLR (IPM) 12

MOLESWORTH, J.·20 Feb 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 7, 126Money expended by insolvent after sequestration — Order to pay.

IN RE SCHLIEFF3 VLR (IPM) 18

MOLESWORTH, J.·15 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency5 Vic. No. 17, sec. 86 — Composition — Meeting of creditors — Majority.

IN RE DANE3 VLR (IPM) 19

MOLESWORTH, J.·29 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 151, 152Rule 112 — Composition — Meeting of creditors — Debtor's statement — Verification — Registration — Cancellation.

IN RE BELL3 VLR (IPM) 26

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Duties on the Estates of Deceased Persons Statute" (No. 388), secs. 5, 9Act No. 523 — Appeal to Privy Council — Sale for payment of duty — Rules under Act No. 388 ultra vires.

IN THE ESTATE OF VON STIEGLITZ3 VLR (IPM) 35

MOLESWORTH, J.·22 Feb 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Exemplification of willAdministration c.t.a. — Attorney under power — Proof of signature.

IN THE WILL OF PURVIS3 VLR (IPM) 37

MOLESWORTH, J.·5 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillInterlineations — Obliterations — Probate.

IN THE WILL OF SIDEBOTTOM3 VLR (IPM) 40

5 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Will imperfectly executedCodicil — Incorporation of document — Probate to both documents.

IN RE ARMYTAGE3 VLR (IPM) 41

MOLESWORTH, J.·8 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Appeal to Privy CouncilOrder for leave under 15 Vic., No. 10 — Security to satisfaction of Master — Second order.

IN RE CUNNINGHAM3 VLR (IPM) 43

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN THE ESTATE OF WOLFF3 VLR (IPM) 44

MOLESWORTH, J.·21 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Administration Act" (No. 427), sec. 17Supreme Court Rules, June 23, 1873, r. 16 — Administrator — Statement insufficient.

IN RE CUNNINGHAM3 VLR (IPM) 49

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN THE ESTATE OF KERNAN3 VLR (IPM) 50

MOLESWORTH, J.·29 Mar 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Joint administrationSpecial circumstances.

IN THE ESTATE OF ORR3 VLR (IPM) 51

MOLESWORTH, J.·8 May 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AdministratorAccounts — Rule nisi complied with — Costs — Tender.

IN RE CUNNINGHAM3 VLR (IPM) 55

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE CUNNINGHAM3 VLR (IPM) 56

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN THE WILL OF MOUNT3 VLR (IPM) 57

MOLESWORTH, J.·16 May 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillSeparate papers — Codicil — Reference to will — Wrong date.

IN THE ESTATE OF NORTON3 VLR (IPM) 58

MOLESWORTH, J.·4 June 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AdministrationReal estate — Heir-at-law.

IN THE WILL OF BARCLAY3 VLR (IPM) 59

MOLESWORTH, J.·5 July 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Substituted executorshipAdministration c. t. a.

IN THE WILL OF WILSMORE3 VLR (IPM) 60

MOLESWORTH, J.·6 July 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Surviving executor and trusteeCommission.

IN RE CUNNINGHAM3 VLR (IPM) 62

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE CUNNINGHAM3 VLR (IPM) 63

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

FISHER v. FISHER3 VLR (IPM) 64

STAWELL, C.J.·26 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Marriage and Matrimonial Causes Statute 1864" (No. 268)Sec. 91 — Evidence under commission — Witness in advanced state of pregnancy.

SMITH v. SMITH3 VLR (IPM) 65

THE CHIEF JUSTICE:—The commission will be granted, and the costs will be costs in the cause. The petitioner will have to provide for the respondent’s costs incidental to the commission. It is unnecessary to certify for counsel, as it is only ex grati that a proctor may be heard in such matters.·27 June 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Dissolution of marriageCommission to examine witness — Domicil — Jurisdiction — Practice — Summons referred to Court — Counsel — Exclusive audience in chambers.

FISHER v. FISHER3 VLR (IPM) 68

PER CURIAM·26 June 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticeService — Long vacation — Appeal.

MULLIGAN v. BOYCE3 VLR (IPM) 69

THE CHIEF JUSTICE·29 Sept 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Nullity of marriageImpotence of husband — Delay — Inspection.

DUGGAN v. DUGGAN3 VLR (IPM) 71

FELLOWS, and MOLESWORTH, JJ.·8 Oct 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

DomicilRespondent and co-respondent remaining in acquired domicil here, petitioner having resumed domicil of origin.

MACARTNEY v. MACARTNEY3 VLR (IPM) 81

THE CHIEF JUSTICE·8 Oct 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Judicial separationCruelty — Habitual drunkenness — Evidence — Husband bound over to keep the peace towards wife.

FISHER v. FISHER3 VLR (IPM) 86

THE CHIEF JUSTICE·8 Oct 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Supreme Court Rules, Feb., 1854, cap. I. r. 15"Juries Statute Amendment Act" (No. 445), sec. 2 — Practice, Divorce and Matrimonial — Vacation — Service of citation — Service of petition — Appearance — Dispensing with service — Trial of issues — Three-fourths verdict — Evidence of adultery — Belief of witness — Alimony.

IN RE WILSON3 VLR (IPM) 95

MOLESWORTH, J.·31 May 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37Petitioning creditor's debt — Judgment — Interest.

IN RE KELLACKY3 VLR (IPM) 96

MOLESWORTH, J.·21 Oct 1875·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37Petitioning creditor's debt — County Court judgment.

IN RE HAYES3 VLR (IPM) 98

MOLESWORTH, J.·14 June 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 44, 45Substituted service — Affidavit of service — Time for filing notice of objections.

IN RE INGLIS3 VLR (IPM) 100

MOLESWORTH, J.·28 June 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37 (ix.)Petitioning creditor's debt — Payment by one of several sureties — Valuation of security — Act of Insolvency — Meeting of creditors — Refusal to sequestrate.

IN RE BOWMAN3 VLR (IPM) 104

MOLESWORTH, J.·19 July 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 105"Insolvency Statute 1871" (No. 379), sec. 149 — Certificate — Confirmation.

IN RE CUNNINGHAM3 VLR (IPM) 105

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE FALLU3 VLR (IPM) 106

MOLESWORTH, J.·12 Sept 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 109Certificate — Majority of creditors — Proof by one only.

IN RE ROOK3 VLR (IPM) 107

MOLESWORTH, J.·12 Sept 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 44, 46Substituted service — Affidavit of service — Last known place of abode.

IN RE CUNNINGHAM3 VLR (IPM) 109

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE CUNNINGHAM3 VLR (IPM) 110

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.

IN RE AUSTIN3 VLR (IPM) 111

MOLESWORTH, J.·7 Nov 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration de bonis non, durante minoritateNominee of sureties — Nominee of infants — Costs.

IN THE WILL OF BANNISTER3 VLR (IPM) 114

MOLESWORTH, J.·8 Nov 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillAppointment of executor — Mistake — Evidence — Signature of legatee — Omission of name in probate.

IN THE WILL OF HODDER3 VLR (IPM) 115

MOLESWORTH, J.·6 Dec 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillCodicils — Erroneous date in reference.

IN RE POWELL3 VLR (IPM) 117

MOLESWORTH, J.·22 Dec 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), sec. 3Death of testator before Act — Duty payable.

SMITH v. SMITH3 VLR (IPM) 122

THE CHIEF JUSTICE·12 Dec 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Marriage and Matrimonial Causes Statute 1864" (No. 268)Rules 18, 22, 23, 59 — Supplemental petition — Equity pleading rule 11 — Order for trial by jury — Pleading, Divorce and Matrimonial — Wife's costs.

IN RE CUNNINGHAM3 VLR (IPM) 128

MOLESWORTH, and FELLOWS, JJ.·17 Apr 1877·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), sec. 103Illegal bargain — Certificate — Withdrawal of opposition to grant of — Second insolvency — Proof of debt.