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4 VLR (Eq)(59 results)

Cases reported in this volume of the Victorian Reports

IN RE M’GREGOR’S SETTLED ESTATES4 VLR (Eq) 1

MOLESWORTH, J.·7 Mar 1878·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), ss. 60, 149"Real Property Statute 1864" (No. 213), Part V., ss. 79, 89, 114 — No. 318, s. 5 — Settled estate — Sale — Lunatic patient — Infancy — Married woman — Examination of, at hearing.

THE ATTORNEY-GENERAL v. THE PRESIDENT, &c., OF SHIRE OF ECHUCA4 VLR (Eq) 4

MOLESWORTH, J.·21 Feb 1878·Supreme Court of Victoria, In Equity

"Local Government Act" (No. 506), ss. 248, 376, 391-397Erection of bridge over boundary of adjoining shires — Contract executed — Agreement between adjoining shires — Acquiescence — Injunction.

DODGSON v. GINN4 VLR (Eq) 9

MOLESWORTH, J.·28 Feb 1878·Supreme Court of Victoria, In Equity

PracticeService out of jurisdiction.

THE MAYOR, &c., OF BALLARAT EAST v. VICTORIA UNITED MINING CO.4 VLR (Eq) 10

MOLESWORTH, J.·5 Mar 1878·Supreme Court of Victoria, In Equity

"Local Government Act" (No. 506), ss. 213, 376, 383"Mining Statute 1865" (No. 291), s. 16 — Municipal Corporation — Mining under streets — Nuisance — Irreparable injury — Injunction — Inspection — Mining Company — Tributors.

TYRRELL v. STEWART4 VLR (Eq) 19

MOLESWORTH, J.·6 Mar 1878·Supreme Court of Victoria, In Equity

CostsUndefended suit — Pleading in Equity — Prayer for costs.

IN RE PHILPOTT4 VLR (Eq) 20

HIS HONOR made the order as sought.·21 Mar 1878·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 34"Administration Act" (No. 427), sec. 9 — "Transfer of Land Amendment Act" (No. 353), sec. 12 — Executors — Constructive trustees — Appointment of new trustee — Vesting order.

FORBES v. CLARTON4 VLR (Eq) 22

MOLESWORTH, J.·25 Mar 1878·Supreme Court of Victoria, In Equity

Specific performanceLetter of guarantee — Consideration — Uncertainty.

KILPATRICK v. MACKAY4 VLR (Eq) 28

MOLESWORTH, J.·4 Apr 1878·Supreme Court of Victoria, In Equity

PartnershipShare of profits — Contract for speculation in land — Statute of Frauds — Costs.

JAMES v. JAMES4 VLR (Eq) 32

MOLESWORTH, J.·4 Apr 1878·Supreme Court of Victoria, In Equity

Guardian ad litemAppointment of — Two persons nominated — Practice.

BAYLEE v. MORLEY4 VLR (Eq) 33

MOLESWORTH, J.·10 Apr 1878·Supreme Court of Victoria, In Equity

LegacyInterest — Payment into Court — Admission of assets — Guardian — Revivor.

IN RE GILES4 VLR (Eq) 37

MOLESWORTH, J.·10 Apr 1878·Supreme Court of Victoria, In Equity

WillInfant — Application of capital for maintenance.

SOLOMAN v. SOLOMAN4 VLR (Eq) 40

MOLESWORTH, and BARRY, JJ.·17 Apr 1878·Supreme Court of Victoria, In Equity

Marriage settlementRectification — Mistake — Denial by answer — Onus of proof.

ATTORNEY-GENERAL v. M’PHERSON4 VLR (Eq) 51

MOLESWORTH, and BARRY, JJ.·25 Apr 1878·Supreme Court of Victoria, In Equity

WillPostponement of conversion — Mixed fund — Sale directed — Appeal — Trustees — Costs.

MAHOOD v. CARNABY4 VLR (Eq) 56

MOLESWORTH, J.·30 May 1878·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213), s. 98Settled estates — Sale — Advertisements — Newspaper.

IN RE HIGGINBOTHAM4 VLR (Eq) 57

MOLESWORTH, J.·6 June 1878·Supreme Court of Victoria, In Equity

WillInfants' maintenance — Resort to accumulations.

TYRRELL v. STEWART4 VLR (Eq) 60

MOLESWORTH, J.·13 June 1878·Supreme Court of Victoria, In Equity

PracticeMaster's office — Contempt — Attachment.

ATTORNEY-GENERAL v. HUON4 VLR (Eq) 62

MOLESWORTH, J.·14 June 1878·Supreme Court of Victoria, In Equity

Proceedings in Master's officeEvidence — Affidavit — Direction to Master — Exceptions.

PICKLES v. PERRY4 VLR (Eq) 66

MOLESWORTH, J.·10 Apr 1878·Supreme Court of Victoria, In Equity

Redemption suitCosts — Practice — Further directions — Evidence — Master's report.

M’CAHILL v. HENTY4 VLR (Eq) 68

MOLESWORTH, J.·4 June 1878·Supreme Court of Victoria, In Equity

"Land Act 1862" (No. 145), sec. 11"Land Act 1865" (No. 237), secs. 12, 14, 15, 22 — "Transfer of Land Statute" (No. 301), secs. 15, 42, 47, 57, 58, 159 — Selection — Illegality — Public policy — Particeps criminis — Conveyance executed — Issue.

JOHNSTON v. BROPHY4 VLR (Eq) 77

MOLESWORTH, J.·8 July 1878·Supreme Court of Victoria, In Equity

Voluntary settlementMortgage by settlor — Vested remainder — Annuity — Will — Devise of settled lands — Estate for life — Payment of mortgage debts.

HEWITT v. AKEHURST4 VLR (Eq) 93

MOLESWORTH, J.·5 July 1878·Supreme Court of Victoria, In Equity

PartnershipDissolution — Collection of assets — Injunction — Undefended suit — Receiver — Payment into Court — Costs.

EMBLING v. WHITCHELL4 VLR (Eq) 96

MOLESWORTH, J.·10 July 1878·Supreme Court of Victoria, In Equity

Specific performanceMisrepresentation — Speculative purchase — Delay in rescission — Costs.

MUNDAY v. PROWSE4 VLR (Eq) 101

MOLESWORTH, J.·27 June 1878·Supreme Court of Victoria, In Equity

Lessor and LesseeCovenant — Injunction — Timber — Red gum trees — Acceptance of rent after breach of covenant.

IN RE ANDERSON4 VLR (Eq) 103

MOLESWORTH, J.·28 June 1878·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), ss. 115, 164, 180Lunatic partner — Dissolution of partnership — Realisation of lunatic's estate — Commission to committee — Reference to Master — Costs.

LEWIS v. LEVY4 VLR (Eq) 106

MOLESWORTH, J.·5 July 1878·Supreme Court of Victoria, In Equity

MortgageRedemption suit — Costs.

IN RE EDWARDS4 VLR (Eq) 109

MOLESWORTH, J.·11 July 1878·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), ss. 56, 57Petition for payment out — Service upon respondents — Costs.

IN RE BRYCE4 VLR (Eq) 111

MOLESWORTH, J.·11 July 1878·Supreme Court of Victoria, In Equity

Lunatic, so foundEstate in Master's hands — Investment — Allowance to Wife — Discretion of Master.

IN RE MURPHY’S TRUSTS4 VLR (Eq) 112

MOLESWORTH, J.·11 July 1878·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), s. 34Settlement — Appointment of new trustees — Consent of tenants for life.

BOWMAN v. BOWMAN4 VLR (Eq) 114

MOLESWORTH, J.·11 July 1878·Supreme Court of Victoria, In Equity

AnswerEndorsement of name and address — Costs — Supreme Court Rules c. v., r. 32.

MARTIN v. KEANE4 VLR (Eq) 115

MOLESWORTH, J.·29 July 1878·Supreme Court of Victoria, In Equity

"The County Court Statute 1869" (No. 345), ss. 100 (i.), 110, 120Administration suit — Excess of limit of jurisdiction — Onus of proof — Evidence — Appeal — Further prosecution of suit.

WARE v. WARE4 VLR (Eq) 119

MOLESWORTH, J.·1 Aug 1878·Supreme Court of Victoria, In Equity

ContemptMarrying female ward — Settlement — Costs.

WOLFE v. HART4 VLR (Eq) 125

MOLESWORTH, and BARRY, JJ.·19 Sept 1878·Supreme Court of Victoria, In Equity

InjunctionTrade name — Combination of words — Trade mark — Colourable imitation.

MOGG v. LORD RAGLAN AND ST. ARNAUD G.M. CO.4 VLR (Eq) 138

MOLESWORTH, and BARRY, JJ.·2 Sept 1878·Supreme Court of Victoria, In Equity

"Mining Companies Act 1871" (No. 409), sec. 40Contract — Agent — Specific performance — Statute of Frauds — Draft agreement — Approval of draft — Part performance — Appeal — Costs.

DRYDEN v. DRYDEN4 VLR (Eq) 148

MOLESWORTH, and BARRY, JJ.·27 Sept 1878·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213), secs. 22, 30Statute of Limitations — Possession — Acknowledgment — Affidavit — Evidence — Interested witness — Demeanour — Appeal.

BOYD v. HOLMES4 VLR (Eq) 161

MOLESWORTH, and BARRY, JJ.·27 Sept 1878·Supreme Court of Victoria, In Equity

ContractOffer — Telegram — Silence — Partnership — Joint account.

UNITED HAND IN HAND AND BAND OF HOPE CO. v. NATIONAL BANK OF AUSTRALASIA4 VLR (Eq) 173

MOLESWORTH, and BARRY, JJ.·30 Sept 1878·Supreme Court of Victoria, In Equity

MortgageMine — Mortgagee in possession — Wilful default — Expenses of mining — Unproductive mining — Decree — Payment "forthwith" — Contempt — Appeal — Stay of proceedings — Costs — Practice in Equity — Exceptions — Setting down.

SLACK v. ATKINSON4 VLR (Eq) 195

MOLESWORTH, J.·22 July 1878·Supreme Court of Victoria, In Equity

MortgageRedemption — Costs.

IN RE M’MULLEN4 VLR (Eq) 198

MOLESWORTH, J.·25 July 1878·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), sec. 154"Lunacy Amendment" (No. 342), sec. 3 — Lunatic patient — Mortgage.

FORBES v. CLARTON4 VLR (Eq) 200

MOLESWORTH, J.·29 July 1878·Supreme Court of Victoria, In Equity

AttachmentNon-payment of costs — Power of attorney — Subpna.

DRYDEN v. DRYDEN4 VLR (Eq) 202

MOLESWORTH, J.·1 Aug 1878·Supreme Court of Victoria, In Equity

Administration suitForeign assets — Receiver pending taking of accounts — Costs.

POLLEYKETT v. GEORGESON4 VLR (Eq) 207

MOLESWORTH, J.·5 Aug 1878·Supreme Court of Victoria, In Equity

Specific performanceDemurrer — Part performance — Inconvenience suffered.

CATTANACH v. M’KOWNE4 VLR (Eq) 213

MOLESWORTH, J.·12 Aug 1878·Supreme Court of Victoria, In Equity

InfantWard of Court — Removal out of jurisdiction.

BRYANT v. SAUNDERS4 VLR (Eq) 215

MOLESWORTH, J.·12 Aug 1878·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 25Stock — Shares in mining company — Vesting order — Transfer.

ATTORNEY-GENERAL v. HUON4 VLR (Eq) 216

MOLESWORTH, J.·12 Sept 1878·Supreme Court of Victoria, In Equity

PracticeEvidence under commission — Liberty to use, by party not a party to the commission.

BRYANT v. PATTEN4 VLR (Eq) 218

THE hearing of this cause is reported 3 V. L. R., Eq., 86. The plaintiff obtained possession of the hotel and chattels, in pursuance of the decree.·31 Oct 1878·Supreme Court of Victoria, In Equity

PracticeWrit of assistance.

IN RE AYRES’ TRUSTS4 VLR (Eq) 220

MOLESWORTH, J.·12 Sept 1878·Supreme Court of Victoria, In Equity

Appointment of new trusteesTrustee resident out of jurisdiction — Service.

CLEARY v. MACNAMARA4 VLR (Eq) 221

MOLESWORTH, J.·9 Oct 1878·Supreme Court of Victoria, In Equity

PleadingAdministration suit — Parties — Mortgagee of share — Suit on behalf.

MURPHY v. WADICK4 VLR (Eq) 224

MOLESWORTH, J.·18 Oct 1878·Supreme Court of Victoria, In Equity

"Landlord and Tenant Statute 1864" (No. 192), sec. 90Injunction — Ejectment — Verbal agreement for lease — Representation by lessor inducing acts by tenant.

CHADWICK v. BENNETT4 VLR (Eq) 227

MOLESWORTH, J.·4 Nov 1878·Supreme Court of Victoria, In Equity

PracticeStop order — Mortgagor and Mortgagee — Fund in Court.

SLACK v. ATKINSON4 VLR (Eq) 230

MOLESWORTH, J.·6 Nov 1878·Supreme Court of Victoria, In Equity

ContemptAttachment — Order nisi — Substituted service — Committal for fixed period.

SMITH v. SMITH4 VLR (Eq) 233

MOLESWORTH, J.·21 Nov 1878·Supreme Court of Victoria, In Equity

"The Lands Compensation Statute 1869" (No. 344), see. 6Act No. 392, sec. 4 — Infant's lands taken by Board of Land and Works — Special guardian — Costs.

IN RE GORDON4 VLR (Eq) 235

MOLESWORTH, J.·21 Nov 1878·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), sec. 149Appointment of guardian of person and estate — Costs — Separate application.

ATKINSON v. LANSELL4 VLR (Eq) 236

MOLESWORTH, J.·26 Nov 1878·Supreme Court of Victoria, In Equity

EvidenceLetter from third person to defendant — Mining company — Shares — Blank transfer — Interested witness.

MURDOCK v. AHERNE4 VLR (Eq) 244

MOLESWORTH, J.·28 Nov 1878·Supreme Court of Victoria, In Equity

CohabitationReal estate — Illegal consideration — Melior est conditio possidentis.

SICHEL v. O’SHANASSY4 VLR (Eq) 250

MOLESWORTH, J.·26 Nov 1878·Supreme Court of Victoria, In Equity

Administration suitCosts — Interest on balances uninvested by trustee — Practice in Equity — Hearing on further directions — Evidence taken before Master.

BANK OF NEW SOUTH WALES v. JONES4 VLR (Eq) 253

MOLESWORTH, J.·9 Dec 1878·Supreme Court of Victoria, In Equity

Act No. 557, sec. 13Bill of sale — Affidavit of renewal — Manager of banking corporation — Inspector.

PHELPS v. PUSEY4 VLR (Eq) 258

MOLESWORTH, J.·9 Dec 1878·Supreme Court of Victoria, In Equity

Undefended suitAffidavit verifying bill — Party making — Practice Supreme Court Rules, c. VI. r. 12.

UNITED HAND-IN-HAND AND BAND OF HOPE CO. v. NATIONAL BANK OF AUSTRALASIA4 VLR (Eq) 259

MOLESWORTH, J.·3 Feb 1879·Supreme Court of Victoria, In Equity

ContemptDistringas — Mortgagor and mortgagee — Order to give up possession of mortgaged premises.

UNITED HAND-IN-HAND AND BAND OF HOPE CO. v. NATIONAL BANK OF AUSTRALASIA4 VLR (Eq) 271

His Honour reserved his decision, and subsequently handed out the following order·16 Nov 1878·Supreme Court of Victoria, In Equity

CostsTaxation between party and party — Country solicitor — Town agent — Manager of corporate plaintiff — Witness.