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5 VLR (L)(141 results)

Cases reported in this volume of the Victorian Reports

BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 1

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Highway — Obstructions — Closed roads.

IN RE THE TRANSFER OF LAND STATUTE5 VLR (L) 5

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 24Caveat — Order to restrain registration — Adverse possession.

GARSON v. JACOBSEN5 VLR (L) 7

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

LibelWritten discharge of seaman — "Merchant Shipping Act 1854" (17 & 18 Vic.), cap. 104, sec. 176.

REGINA v. RICHARDS5 VLR (L) 9

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

ConvictionCertainty as to enactment on which it is based.

MOORHEAD v. REIDLE5 VLR (L) 11

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865 "(No. 274), sec. 440Costs — Scale of taxation — Amount claimed.

COLLINS v. LOCKE5 VLR (L) 13

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

PartnershipJoint adventure — Recovery at law of share of expenses.

REGINA v. SCOTT5 VLR (L) 16

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

Imprisonment for Debt Abolition Act (No. 284)Fraud summons — Order to pay not served.

DANBY v. ADET5 VLR (L) 17

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

ContractAgent liable as principal.

POWELL v. GIDNEY5 VLR (L) 20

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

County CourtJurisdiction — Property wrongfully taken in Victoria, and sold abroad — Practice at law — Appeal from County Court — Bond.

M’CRACKEN v. WOODS5 VLR (L) 23

Coram, STAWELL, C.J., and BARRY, J.·25 Mar 1879·Supreme Court of Victoria, at Law

EvidenceStatement of deceased person against interest — Ejectment — Claim of title by caretaker — Tenancy at will.

REGINA v. POPE5 VLR (L) 25

Coram, STAWELL, C.J., and BARRY, J.·26 Mar 1879·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 34Desertion of wife and children — Proof of Marriage — Admissibility of husband's evidence.

LEE v. ROBERTS5 VLR (L) 26

Coram, STAWELL, C.J., and BARRY, J.·26 Mar 1879·Supreme Court of Victoria, at Law

PartnershipAction by one partner against another for money lent for partnership purposes.

TRENGROVE v. TRENGROVE5 VLR (L) 27

Coram, STAWELL, C.J., and BARRY, J.·27 Mar 1879·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31Leaving wife without support — Offer at hearing to take her back — Refusal to return.

CORBETT v. BATCHELOR5 VLR (L) 33

Coram, STAWELL, C.J., and BARRY, J.·27 Mar 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345). sec. 120Appeal — Rehearing — Neglect of plaintiff to set down for trial — Application to vary order of appeal.

WHELAN v. HANNIGAN5 VLR (L) 35

Coram, STAWELL, C.J., and BARRY, J.·27 Mar 1879·Supreme Court of Victoria, at Law

Vendor and PurchaserAction for not giving possession — Damages — Improper reception of evidence — Time for taking objection — Appeal — County Court — Remitting case — Rule nisi — Costs.

REGINA v. M’COOEY5 VLR (L) 38

Coram, STAWELL, C.J., and BARRY, J.·27 Mar 1879·Supreme Court of Victoria, at Law

"Insolvency Statute 1871" (No. 379), secs. 3, 132, 134"Transfer of Land Statute" (No. 301), sec. 157 — Admissibility of compulsory deposition of insolvent against himself in a criminal proceeding.

EX PARTE KANE5 VLR (L) 44

Coram, STAWELL, C.J., and BARRY, J.·28 Mar 1879·Supreme Court of Victoria, at Law

PracticeRule — Date — Heading.

BATCHELDER v. CARDEN5 VLR (L) 45

Coram, STAWELL, C.J., and BARRY, J.·28 Mar 1879·Supreme Court of Victoria, at Law

ConvictionVenue — Locality of offence and trial, in body of conviction — Act No. 565, sec. 36 — General Sessions — Question of law stated for opinion of Supreme Court.

WAXMAN v. M’AULIFFE5 VLR (L) 48

Coram, STAWELL, C.J., and BARRY, J.·28 Mar 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 47Indefinite abandonment of excess over 250l. — Appeal — New trial, after refusal by judge.

IN RE TRANSFER OF LAND STATUTE5 VLR (L) 53

Coram, STAWELL, C.J., and BARRY, J.·31 Mar 1879·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301)Amending Act (No. 610), sec. 2 — Certificate of title — Easement — Registration.

IN RE TRANSFER OF LAND STATUTE5 VLR (L) 59

Coram, STAWELL, C.J., and BARRY, J.·31 Mar 1879·Supreme Court of Victoria, at Law

"Land Act 1869" (No. 360), sec. 20, subsec. v.Lease of Crown Land — Condition not to assign without sanction of Governor — Transfer by sale under fi. fa.

SOLOMONS v. MULCAHY5 VLR (L) 64

Coram, STAWELL, C.J., and BARRY, J.·1 Apr 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 32County Court bailiff — Misfeasance — Notice of action.

BARTLETT v. PYERS5 VLR (L) 69

Coram, STAWELL, C.J., and BARRY, J.·1 Apr 1879·Supreme Court of Victoria, at Law

ContractInterpretation of ordinary words — Evidence of experts — Racehorses — "Cleared themselves."

REGINA v. CARR5 VLR (L) 72

Coram, STAWELL, C.J., and BARRY, J.·2 Apr 1879·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), sec. 44Special district proclaimed — Revocation of proclamation — Special license.

WALKER v. BLACK5 VLR (L) 77

Coram, STAWELL, C.J., and BARRY, J.·2 Apr 1879·Supreme Court of Victoria, at Law

Building contractArchitect's certificates — Maintenance after completion.

NICHOLSON v. WEST5 VLR (L) 80

Coram, STAWELL, C.J., and BARRY, J.·2 Apr 1879·Supreme Court of Victoria, at Law

ContractImmoral consideration — Stranger — Trover — Distress for rent.

STEVENS v. SLOAN5 VLR (L) 83

Coram, STAWELL, C.J., and BARRY, J.·2 Apr 1879·Supreme Court of Victoria, at Law

Husband and wifeAuthority of wife to pledge credit of husband — Revocation not published.

MARTIN v. ELSASSER5 VLR (L) 85

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

Landlord and tenantLease — Trade fixtures — Practice — Rule nisi in pursuance of leave reserved.

M’DEVITT v. KATTENGALL5 VLR (L) 89

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

ContractReceipt — Warranty.

REGINA v. BINDON5 VLR (L) 93

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), secs. 78, 121Judgment set aside, and new trial granted, after sixteen years — Certiorari.

GRAVE v. WHARTON5 VLR (L) 97

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

EjectmentAdverse possession — Fence.

REGINA v. WEBSTER5 VLR (L) 101

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), sec. 103Order — Prohibition — Act No. 571, sec. 1.

SHARP v. TURNBULL5 VLR (L) 103

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

EvidenceBurthen of proof — Facts peculiarly in knowledge of one party.

THOMPSON v. MAYOR &c. OF FITZROY5 VLR (L) 105

Coram, STAWELL, C.J., and BARRY, J.·3 Apr 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), s. 376Injury from protrusion of fireplug in streets.

REGINA v. TAYLOR5 VLR (L) 108

Coram, STAWELL, C.J., and BARRY, J.·4 Apr 1879·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 138Act No. 565, sec. 11 — Appeal — From justices — Question of fact — Appearance by counsel for justices.

JENNER v. HARBISON5 VLR (L) 111

Coram, STAWELL, C.J., and BARRY, J.·4 Apr 1879·Supreme Court of Victoria, at Law

Malicious prosecutionReasonable and probable cause — Possession of stolen property — Omission to inquire into truth of explanation.

MARTIN v. BOARD OF LAND AND WORKS5 VLR (L) 117

Coram, STAWELL, C.J., and BARRY, J.·4 Apr 1879·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 266Agreement for arbitration — Invalid award — Action.

IN RE LILLEY5 VLR (L) 121

Coram, STAWELL, C.J., and BARRY, J.·4 Apr 1879·Supreme Court of Victoria, at Law

BarristerQueensland — Admission in Victoria — Supreme Court Rules, 10th August, 1878 — Admission on reciprocal terms.

KILPATRICK v. BOARD OF LAND AND WORKS5 VLR (L) 122

Coram, STAWELL, C.J., and BARRY, J.·16 Apr 1879·Supreme Court of Victoria, at Law

"Lands Compensation Statute 1869" (No. 344), sec. 31Inquiry as to value of land taken for railway — Evidence of actual offer.

BILLSON v. HOOD5 VLR (L) 125

Coram, STAWELL, C.J., and BARRY, J.·16 Apr 1879·Supreme Court of Victoria, at Law

Bill of ExchangeNotice of dishonour — Misdescription.

REGINA v. BOND5 VLR (L) 130

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·25 June 1879·Supreme Court of Victoria, at Law

Jurisdiction, JusticesSet-off — Married woman — Joint hiring with husband — Separate summons for wages.

FERRIE v. WHITEHEAD5 VLR (L) 132

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·26 June 1879·Supreme Court of Victoria, at Law

PartnershipIncomplete negotiations.

EX PARTE SHIRE OF ALEXANDRA5 VLR (L) 134

M’Farland moved for a Rule nisi for the issue of a writ of prohibition to the police magistrate at Alexandra.·27 June 1879·Supreme Court of Victoria, at Law

Justices of the peaceOrder for payment of money — Second complaint and order for part of same amount.

BROWN v. FIGG5 VLR (L) 136

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·27 June 1879·Supreme Court of Victoria, at Law

ContractEngagement of medical practitioner — Revocation before cure.

SHIRE OF COLAC v. BUTLER5 VLR (L) 137

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·27 June 1879·Supreme Court of Victoria, at Law

CorporationAttorney — Appointment under seal.

BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 141

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Highway — Obstructions — Closed roads.

BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 142

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Highway — Obstructions — Closed roads.

PATTERSON v. EVANS5 VLR (L) 143

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·28 June 1879·Supreme Court of Victoria, at Law

"Insolvency Statute 1871" (No. 379), sec. 144"Common Law Procedure Statute 1865" (No. 274), sec. 57 — Pleading at Law — Plea in covenant by two defendants, of insolvency of one — No reference in margin.

JOLLY v. JOLLY5 VLR (L) 145

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·28 June 1879·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31Leaving wife without means of support — Offer of a home.

REGINA v. CLEVELAND5 VLR (L) 147

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 June 1879·Supreme Court of Victoria, at Law

"The Landlord and Tenant Statute 1864" (No. 192), secs. 90, 91, 97Warrant of possession — Technical objections.

REGINA v. WILLIS5 VLR (L) 149

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 June 1879·Supreme Court of Victoria, at Law

PartnershipAgreement for half proceeds, as rent.

REGINA v. ALLEY5 VLR (L) 151

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 June 1879·Supreme Court of Victoria, at Law

AttorneyDebt — Set-off — Bill of costs — Signed bill.

REGINA v. PANTON5 VLR (L) 153

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 June 1879·Supreme Court of Victoria, at Law

"Married Women's Property Act" (No. 384), sec. 18Presumption as to wife being separated from husband — Separate business — Liability for goods supplied to wife.

REGINA v. DRUCE5 VLR (L) 156

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 June 1879·Supreme Court of Victoria, at Law

Justice of the peaceAct No. 571, sec. 4 — Practice — Rule to quash order already drawn up — Minute only produced.

LOUCH v. BALL5 VLR (L) 157

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 July 1879·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), secs. 93, 94Action by mortgagor for use and occupation.

MARIE v. HOGAN5 VLR (L) 160

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·3 July 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345)sec. 97 — Replevin in Supreme Court upon execution out of County Court.

EX PARTE TRIBBLE5 VLR (L) 162

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·3 July 1879·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), sec. 54Conviction — No venue — Amount of costs in blank.

ROBBINS v. DAVIS5 VLR (L) 163

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·4 July 1879·Supreme Court of Victoria, at Law

Malicious prosecutionReasonable and probable cause — Inquiry into character of informant.

JONES v. PARK5 VLR (L) 167

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·4 July 1879·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 64Act No. 610, secs. 2, 3 — Conclusiveness of certificate of title as to right-of-way.

DELAP v. MAWLEY5 VLR (L) 170

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·4 July 1879·Supreme Court of Victoria, at Law

"Real Property Statute 1864" (No. 213), secs. 18, 19Ejectment — Conveyance to plaintiff more than fifteen years before action — No evidence of entry thereunder — Same land twice conveyed in fee by same owner — Adverse possession.

BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 173

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Highway — Obstructions — Closed roads.

KROSCHEL v. COLONIAL BANK OF AUSTRALASIA5 VLR (L) 174

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·7 July 1879·Supreme Court of Victoria, at Law

InterpleaderEvidence of collusion.

BATCHELOR v. SMITH5 VLR (L) 176

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·15 July 1879·Supreme Court of Victoria, at Law

Accidental fireLiability for its spread to neighbour's land.

SKENE v. ALLEN5 VLR (L) 179

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·15 July 1879·Supreme Court of Victoria, at Law

"Dog Act 1864" (No. 229), secs. 3, 9Non-registration — Owner — Dog in custody or control — Practice — Appeal case — Signature.

MORTON v. JACKS5 VLR (L) 181

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·15 July 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345)Rules, Order III., r. 2 — Bill of Exchange not set out verbatim.

EX PARTE BLACK5 VLR (L) 183

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·16 July 1879·Supreme Court of Victoria, at Law

"Licensing Act 1876" (No. 566), sec. 54Selling liquor without a license — Conviction.

IN RE BACKHAUS5 VLR (L) 184

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·16 July 1879·Supreme Court of Victoria, at Law

ArbitrationProviso for reference, in lease — No appointment in writing of arbitrator.

HENRY v. SMITH5 VLR (L) 188

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·16 July 1879·Supreme Court of Victoria, at Law

PracticeWrit served on wrong person — Setting aside proceedings — Delay in applying after writ came to defendant's knowledge.

DELANEY v. THE SANDHURST BENEFIT BUILDING AND INVESTMENT SOCIETY5 VLR (L) 189

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·16 July 1879·Supreme Court of Victoria, at Law

"The Building Societies Act 1874," (No. 493), sec. 32Ejectment — County Court — Order III., Rules 89, 90 — Variance — Plaint as by mortgagee — Certificate of title and defeasance — Building Society — Provision for arbitration — Member — Mortgagee — Practice, County Court — Indorsement of plaint summons — Summons in Chambers.

EX PARTE TREVASCUS5 VLR (L) 195

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·24 July 1879·Supreme Court of Victoria, at Law

Joint-stock companyArticles of association — Restrictions upon transfer of shares — Transfer by operation of law — Sale under execution.

RUSSELL v. SHIRE OF LEIGH5 VLR (L) 199

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·25 July 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 274Appeal to General Sessions — Rating — Notice of appeal — Misdescription of property — Practice — Act No. 565, secs. 31, 36 — Decision of General Sessions before stating case.

PARKER v. CUNNINGHAM5 VLR (L) 202

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

ContractBreach — Partial failure of consideration — Measure of damages — Matter in contemplation of both parties.

COLONIAL BANK OF AUSTRALASIA v. M’DONALD5 VLR (L) 214

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

Banker and customerBanker's lien on bills left for collection — Evidence — Affidavit of inspector — Viva voce evidence of manager.

ALROE v. THE MAYOR, &c., OF SEBASTOPOL5 VLR (L) 217

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

"The Municipal Corporations Act 1863" (No. 184), secs. 218, 239Debentures secured upon special rate — Liability of general funds.

THE NATIONAL MARINE INSURANCE CO. OF AUSTRALASIA v. HALFEY5 VLR (L) 226

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

Marine insuranceRe-insurance — Defences.

JONES v. FALVEY5 VLR (L) 230

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

"Statute of Evidence 1864" (No. 197) sec. 25"The Pounds Act 1874" (No. 478) sec. 21 — Evidence — Document of public character — Proof by copy or extract — Poundkeeper's book.

THE MAYOR, &c., OF ESSENDON AND FLEMINGTON v. NINNIS5 VLR (L) 236

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·2 Aug 1879·Supreme Court of Victoria, at Law

ContractCondition for forfeiture of materials on ground — Extension of time.

THE CHRYSOLITE HILL Q.M. CO. REGD. v. THE SANDHURST AND ST. ARNAUD CHRYSOLITE TRIBUTE CO. LIMD.5 VLR (L) 242

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 Aug 1879·Supreme Court of Victoria, at Law

AwardFinding of two sums in the alternative, subject to question of law — Acceptance of smaller sum.

TRENERY v. STEWART5 VLR (L) 247

Coram, STAWELL, C.J., BARRY and STEPHEN, JJ.·30 Aug 1879·Supreme Court of Victoria, at Law

"Land Tax Act 1877" (No. 575), secs. 5, 46, 55Landlord and Tenant — Land Tax — Covenant to pay — Retrospective legislation.

WALL v. MEYRICK5 VLR (L) 260

Coram, STAWELL, C.J., BARRY, J., and STEPHEN, J.·30 Aug 1879·Supreme Court of Victoria, at Law

False imprisonmentArrest by sheriff under warrant of Court in Equity for contempt — Negligent escape — Re-arrest by sheriff — Right to take prisoner before the Court, out of his bailiwick.

REGINA v. TAYLOR5 VLR (L) 271

STAWELL, C.J. and BARRY, J.·1 Sept 1879·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 17 (vi.)Wilful trespass — Possession obtained by subterfuge — Practice at law — Prohibition — Rule nisi — Grounds.

WOOD v. CUTTS5 VLR (L) 275

STAWELL, C.J. and BARRY, J.·1 Sept 1879·Supreme Court of Victoria, at Law

ContractParties — Agent.

WATSON v. CLINCH5 VLR (L) 278

PER CURIAM STAWELL, C.J., and BARRY, J. .·1 Sept 1879·Supreme Court of Victoria, at Law

"The Land Tax Act 1877" (No. 575), sec. 24Appeal to Commissioners against classification — Lien of agent for costs — Taxation of costs.

RYAN v. TOPHAM5 VLR (L) 281

PER CURIAM STAWELL, C.J., and BARRY, J. .·1 Sept 1879·Supreme Court of Victoria, at Law

"Married Women's Property Act" (No. 384), sec. 18Plaint in County Court by married woman without alleging separate property — Nonsuit.

REGINA v. LEIGH5 VLR (L) 282

PER CURIAM STAWELL, C.J., BARRY and STEPHEN, JJ. .·2 Sept 1879·Supreme Court of Victoria, at Law

"The Melbourne Harbour Trust Act 1876" (No. 552), sec. 108 (x., xxiii.)Regulations — Power to require licenses for ballast lighters, before fee fixed.

GONERSON v. MUIR5 VLR (L) 286

Dr. Madden moved for a Rule nisi to direct taxation of costs upon the higher scale of the Supreme Court. The action was for false imprisonment, and resulted in a verdict for the plaintiff, with 75l. damages. Last term, the Court granted a Rule nisi for a new trial, on the ground that the damages were excessive, unless the plaintiff should consent to the damages being reduced to 20l. The plaintiff did consent to such reduction. The Prothonotary refused to tax the costs on any other than the County Court scale. It is submitted that the plaintiff is entitled to Supreme Court costs, and on the higher scale. Two independent requirements of the "Common Law Procedure Statute 1865" (No. 274), sec. 440, are satisfied; more than 50l. was recovered, and the action could not have been brought in the County Court, as the cause of action arose out of this colony, in New Zealand. Even if the damages be taken at the reduced amount, the same circumstance would prevent the application of the "County Court Statute 1869" (No. 345), sec. 41. After the reduction of damages was assented to, an application was, in fact, made, in Chambers, to the learned judge who tried the case for a certificate, but he refused to interfere: but such certificate is really unnecessary, under either enactment. If the plaintiff had not accepted the suggestion of the Court, and had opposed the Rule nisi, his costs would have stood at the higher scale. It was, of course, unnecessary to apply to the judge for a certificate immediately after the trial, for the damages awarded were above the limit. [STEPHEN, J. When the application was made to me in Chambers, I could not place myself in any different position from that in which I should have been if I had been asked at the trial for a certificate. STAWELL, C.J. How would the application have presented itself to the mind of the judge, if the jury had given their verdict for the amount to which the damages were afterwards reduced?]·2 Sept 1879·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 440"County Court Statute 1869" (No. 345), sec. 41 — Scale of costs — Reduced damages — Action not within jurisdiction of County Court.

DAVIDSON v. BROWN5 VLR (L) 288

PER CURIAM STAWELL, C.J., BARRY and STEPHEN, JJ. .·2 Sept 1879·Supreme Court of Victoria, at Law

AppealCounty Court — Nonsuit in deference to opinion of judge.

REGINA v. PEARSON5 VLR (L) 289

PER CURIAM STAWELL, C.J., BARRY and STEPHEN, JJ. .·2 Sept 1879·Supreme Court of Victoria, at Law

"Masters and Servants Statute 1864" (No. 198), sec. 16Complaint not stated to have been on oath.

DOOLAN v. HILL5 VLR (L) 290

Hood moved for a new trial, on the ground that the verdict was against evidence. The action was for trespass to land: pleas, not guilty, and leave and license. The jury found for the defendant. It was shown that the defendant had claimed a stack of straw which, he alleged, he had purchased from a tenant of his who had left it upon the premises when he quitted them; the defendant also alleged that the plaintiff promised to allow the defendant to remove the straw from the premises, but afterwards withdrew his permission, and locked the gates of the close. Some men came in the night, and removed the straw on to an adjoining road. It was not proved that the defendant was with these men, or authorised their act; and two witnesses said he had nothing to do with it; but he afterwards removed the straw from the road. The inference is irresistible that the defendant must have in some way instigated the trespass; at any rate, he adopted the act of the other men done solely in his interest, by himself taking the benefit of it. There ought to have been a verdict for the plaintiff, with at least nominal damages.·4 Sept 1879·Supreme Court of Victoria, at Law

TrespassAdoption of act by taking advantage of it.

IN RE SYME5 VLR (L) 291

STAWELL, C.J., BARRY, and STEPHEN, JJ.·6 Sept 1879·Supreme Court of Victoria, at Law

Contempt of CourtNewspaper comments on pending action.

STACPOOLE v. BETRIDGE5 VLR (L) 302

STAWELL, C.J., BARRY, J.·8 Sept 1879·Supreme Court of Victoria, at Law

ShipLiability of master for negligence of crew, resulting in injury to passengers.

TOPHAM v. CHRISTIE5 VLR (L) 306

STAWELL, C.J., BARRY, and STEPHEN, JJ.·8 Sept 1879·Supreme Court of Victoria, at Law

"Public Works Statute 1865" (No. 289), sec. 77, 135"Lands Compensation Statute 1869," (No. 344), sec. 71 — "Railway Construction Act 1877" (No. 580), sec. 7 — Construction of railway — Liability of contractor for injury by sparks — Negligence.

HARVEY v. SHIRE OF ST. ARNAUD5 VLR (L) 312

PER CURIAM.·8 Sept 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Gate across public road — Liability of municipal council for injury to traveller — Remoteness of damages — County Court — Nonsuit — Appeal.

DOCKER v. THE QUEEN5 VLR (L) 316

STAWELL, C.J., and BARRY, J.·10 Sept 1879·Supreme Court of Victoria, at Law

"The Land Tax Act 1877" (No. 575), sec. 3One owner of several "landed estates" — One deduction.

IN RE FOWLER AND SINNOTT5 VLR (L) 320

STAWELL, C.J., and BARRY, J.·10 Sept 1879·Supreme Court of Victoria, at Law

ArbitrationMisconduct of umpire — Setting aside award — Communicating with witness in absence of opposite party — Affidavit of umpire as to what passed.

CHAPMAN v. IRELAND5 VLR (L) 328

PER CURIAM.·10 Sept 1879·Supreme Court of Victoria, at Law

Practice at lawDivision of lists at Nisi Prius — Defendant absent when case called on — Verdict for plaintiff — New trial — Bill of exchange — Absolute sale — Unqualified indorsement.

JOHNSTON v. JACKSON5 VLR (L) 331

PER CURIAM.·10 Sept 1879·Supreme Court of Victoria, at Law

Practice at lawNew trial — Defendant residing in another colony — Commission to examine witnesses on terms beyond attorney's authority to accept — Trial in absence of defendant's evidence.

REGINA v. JONES5 VLR (L) 334

PER CURIAM.·15 Sept 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), secs. 71, 116Election of borough councillor — Publication of notice — Rejection of nomination paper — Ouster from office — Relator — Collusion.

CAMPBELL v. BENT5 VLR (L) 337

PER CURIAM.·12 Sept 1879·Supreme Court of Victoria, at Law

Vendor and purchaserContract — Completion of purchase — Reasonable time — Payment of instalment of purchase money before title shown or conveyance executed — Pleading at law — Departure.

THE DAILY TELEGRAPH NEWSPAPER CO. v. BERRY5 VLR (L) 343

STAWELL, C.J., and BARRY, J.·15 Sept 1879·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 278Practice at law — Action for slander — Interrogatories — Affidavit — Corporation — Agent — Attorney's clerk — Costs.

REGINA v. HACKETT5 VLR (L) 357

STAWELL, C.J., and BARRY, J.·15 Sept 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 120County Court Rules, Order V., r. 1 — Appeal — Extension of time for delivery of case to respondent — Jurisdiction — Mandamus.

O’DONNELL v. PATCHELL5 VLR (L) 360

PER CURIAM.·15 Sept 1879·Supreme Court of Victoria, at Law

"Instruments and Securities Statute 1864" (No. 204), sec. 56Act No. 557, sec. 16 — Bill of sale — Time for registration — Previous verbal agreement — Description of attesting witness.

BULLOCK v. THE WIMMERA FELLMONGERY AND WOOLSCOURING COMPANY LIMITED5 VLR (L) 362

STAWELL, C.J., and BARRY, J.·27 Sept 1879·Supreme Court of Victoria, at Law

Master and servantContract of hiring — Term.

ABBOTT v. THE COMMERCIAL BANK OF AUSTRALIA, LIMITED5 VLR (L) 366

STAWELL, C.J., BARRY, and STEPHEN, JJ.·27 Sept 1879·Supreme Court of Victoria, at Law

Banker and customerMortgage — Parol agreement — Deed — Merger.

TAIT v. SNEWIN5 VLR (L) 374

STAWELL, C.J., and BARRY, J.·27 Sept 1879·Supreme Court of Victoria, at Law

Malicious prosecutionCharge of incompetency and gross negligence, before Steam Navigation Board — Gross negligence only proved — Evidence of previous good conduct in other employment.

GUINNESS v. BOX5 VLR (L) 381

STAWELL, C.J., and STEPHEN, J.·27 Sept 1879·Supreme Court of Victoria, at Law

Guaranty, ContinuingDeath of guarantor — Revocation by executors.

RE WAYTH5 VLR (L) 389

STAWELL, C.J., and BARRY, J.·22 Nov 1879·Supreme Court of Victoria, at Law

AttorneyUnlawful conveyancing — Agreement for sale of goodwill and lease of hotel — 11 Vict. (No. 33), sec. 13.

REGINA v. CARR5 VLR (L) 391

PER CURIAM.·22 Nov 1879·Supreme Court of Victoria, at Law

"Justices of the Peace Statute 1865" (No. 267), secs. 64, 65Misnomer — Service of summons on right party under wrong name — Appearance in answer thereto.

REGINA v. LEECH5 VLR (L) 392

PER CURIAM.·22 Nov 1879·Supreme Court of Victoria, at Law

County Court RulesOrder III., rule 17 — Service on inmate of place of dwelling — Mandamus.

DORIA v. BANK OF VICTORIA5 VLR (L) 393

PER CURIAM.·25 Nov 1879·Supreme Court of Victoria, at Law

Banker and customerDishonour of cheque — Excessive damages — Previous loss by customer of mercantile character — Special damage proved — Mistaken agreement to advance, not withdrawn by banker.

HAIMES v. JOHNSTON5 VLR (L) 398

PER CURIAM.·25 Nov 1879·Supreme Court of Victoria, at Law

LeaseAgreement to assign, without authority — Action for breach of agreement, before authority obtained.

BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 400

Coram, STAWELL, C.J., and BARRY, J.·24 Mar 1879·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Highway — Obstructions — Closed roads.

HUNT v. JOHNSON5 VLR (L) 401

PER CURIAM.·26 Nov 1879·Supreme Court of Victoria, at Law

Vendor and PurchaserMistake as to allotment purchased — Caveat emptor.

SOUTHALL v. JONES5 VLR (L) 402

PER CURIAM.·26 Nov 1879·Supreme Court of Victoria, at Law

NegligenceHorse accustomed to kick — Injury on defendant's land, open to the public.

KNIPE v. BELSON5 VLR (L) 405

PER CURIAM.·26 Nov 1879·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 119Power to amend by stating new cause of action.

YON v. TRESNAN5 VLR (L) 407

PER CURIAM.·26 Nov 1879·Supreme Court of Victoria, at Law

ContractSecurity by deposit of stakes — Deposit by cheque dishonoured on presentment — Damages.

REGINA v. SNOWBALL5 VLR (L) 409

PER CURIAM.·27 Nov 1879·Supreme Court of Victoria, at Law

"Landlord and Tenant Statute 1864" (No. 192), sec. 90Irregularity of notice of application to justices to eject.

REGINA v. CLARKE5 VLR (L) 412

PER CURIAM.·27 Nov 1879·Supreme Court of Victoria, at Law

Public Health Act (No. 310), secs. 47, 57, 59Expense of works on lane set out on private property — Service of notice on owner at the time — Recovery of expenses from subsequent owner.

SABELBERG v. SCOTT5 VLR (L) 414

PER CURIAM.·27 Nov 1879·Supreme Court of Victoria, at Law

Landlord and tenantLease under seal — Condition for determination by notice — Surrender — Estoppel in pais — Acceptance of new tenants, and of rent from them.

MACK v. MURRAY5 VLR (L) 416

STAWELL, C.J., and BARRY, J.·27 Nov 1879·Supreme Court of Victoria, at Law

Pounds Act 1874 (No. 478), secs. 14, 33Illegal impounding — Burden of proof of exceptions — Unsworn statement of defendant — Statute of Evidence 1864 (No. 197), sec. 44.

PRATT v. RUSH5 VLR (L) 421

PER CURIAM.·27 Nov 1879·Supreme Court of Victoria, at Law

ContractStatute of Frauds — Sale by auctioneer — Bought note not containing warranty announced at sale.

HANN v. THE QUEEN5 VLR (L) 424

PER CURIAM.·27 Nov 1879·Supreme Court of Victoria, at Law

ContractCondition for increase of price on alteration of tariff affecting the subject matter.

NATIONAL MARINE INSURANCE CO. OF SOUTH AUSTRALIA v. AUSTRALIAN ALLIANCE ASSURANCE CO.5 VLR (L) 426

PER CURIAM.·1 Dec 1879·Supreme Court of Victoria, at Law

InsuranceValued policy — Condition negativing total loss, unless cost of repair would exceed declared value.

BUCKLAND v. M’ANDREW5 VLR (L) 430

STAWELL, C.J., BARRY, and STEPHEN, JJ.·2 Dec 1879·Supreme Court of Victoria, at Law

ExecutorsContract of testator — Personal discretion.

HORWOOD v. MURDOCH5 VLR (L) 435

PER CURIAM.·2 Dec 1879·Supreme Court of Victoria, at Law

SheriffSeizure of judgment in another action — Unauthorised sale — Common Law Practice Act 1856, 19 Vic. No. 19, sec. 176.

REGINA v. CLARK5 VLR (L) 440

STAWELL, C.J., BARRY, and STEPHEN, JJ.·2 Dec 1879·Supreme Court of Victoria, at Law

"Merchant Shipping Act 1854," secs. 19, 107, 109, 257Harbouring deserter — Proof that ship is British — British Flag.

GRIEVE v. NORTHERN ASSURANCE CO.5 VLR (L) 443

PER CURIAM.·8 Dec 1879·Supreme Court of Victoria, at Law

InsuranceForfeiture of claim under policy, if action not brought within three months after rejection of claim.

BUCHNER v. DAVIS5 VLR (L) 444

PER CURIAM.·8 Dec 1879·Supreme Court of Victoria, at Law

ExecutorsAction against testator for wrong committed more than six months before death — "Common Law Procedure Statute 1865" (No. 274), sec. 411.

THE QUEEN v. THE MAYOR, &c., OF MELBOURNE5 VLR (L) 446

PER CURIAM.·8 Dec 1879·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), sec. 111"New license" — Transfer of license to another person or to another house — Application of fees.

M’IVER v. THE DUKE CO.5 VLR (L) 449

STAWELL, C.J., and BARRY, J.·8 Dec 1879·Supreme Court of Victoria, at Law

"Mining Companies Act 1871" (No. 409), secs. 21, 40Authority of manager to contract for things necessary for operations of company — Goods sold and delivered — Evidence — Part delivery without acceptance.

CORBETT v. TAYLOR5 VLR (L) 455

STAWELL, C.J., and BARRY, J.·8 Dec 1879·Supreme Court of Victoria, at Law

WarrantyImplied from sale of specific patented machine — Unfitness for its purpose — Measure of damages.

THE COLONIAL BANK OF AUSTRALASIA v. RABBAGE5 VLR (L) 462

STAWELL, C.J., and STEPHEN, J.·8 Dec 1879·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 49Adverse possession — Tenancy previous to mortgage — Ejectment by mortgagee — Demand of possession.

DUNN v. WILSON5 VLR (L) 465

PER CURIAM.·8 Dec 1879·Supreme Court of Victoria, at Law

"The Merchant Shipping Act 1854," 17 and 18 Vic., c. 104, secs. 40, 41False declaration — New ship built out of materials of old one.

CLARKE v. GOUGE5 VLR (L) 468

PER CURIAM.·8 Dec 1879·Supreme Court of Victoria, at Law

Partnership.Action by one partner for work done. — Dissolution after instructions, but before work done. — County Court. — Nonjoinder.

DAILY TELEGRAPH NEWSPAPER CO. v. BERRY5 VLR (L) 469

STAWELL, C.J., and BARRY, J.·9 Dec 1879·Supreme Court of Victoria, at Law

"Printers and Newspapers Registration Statute 1864" (No. 212), secs. 11, 12, 19Incorporated company as proprietor — Slander in business of newspaper proprietor.

FOGARTY v. DENNIS5 VLR (L) 479

STAWELL, C.J., BARRY and STEPHEN, JJ.·9 Dec 1879·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865," (No. 274), sec. 221Foreign attachment — Appearance and pleading without entering into bond.

ROBERTSON v. MOHABEER5 VLR (L) 482

PER CURIAM.·9 Dec 1879·Supreme Court of Victoria, at Law

AttachmentNon-payment of costs under interlocutory order.

ORIENTAL HOTEL CO. v. THOMSON5 VLR (L) 485

STAWELL, C.J., and BARRY, J.·20 Dec 1879·Supreme Court of Victoria, at Law

"Instruments and Securities Statute 1864" (No. 204), secs. 56, 63Act No. 557, sec. 15 — Bill of sale — Deed of hiring of goods, part of which already belong to hirer — Presumption of transfer requiring registration.

REGINA v. LEECH5 VLR (L) 494

STAWELL, C.J., and BARRY, J.·23 Dec 1879·Supreme Court of Victoria, at Law

Mining Companies' Limited Liability Act 1864 (No. 228), sec. 15Mining Companies Act 1871 (No. 409), secs. 14, 15, 23, 61, 77, 78 — Mining Statute 1865 (No. 291), sec. 244 — Winding up petition — Service of notice after company has ceased to carry on business — Registration of office not cancelled — Certiorari — Meeting of creditors, one person holding two proxies.

YOUNG v. BALLARAT WATER COMMISSIONERS5 VLR (L) 503

The contract in the first case was dated 1st May, 1874, and provided for completion in eighteen months, of an extensive dam to form a large reservoir for the storage of water for the supply of Ballarat, called the Gong Gong Reservoir, and also a weir and other works in connection with a smaller reservoir called Kirk’s dam. At the trial of the case of Young v. The Ballarat and Ballarat East Water Commissioners, the jury found for the plaintiffs, for a sum of 18,675l. 4s. 9d., finding the separate amount due on each item of the particulars of demand, and answering a series of questions, as follows:—·23 Dec 1879·Supreme Court of Victoria, at Law

Contract for public worksPosition of engineer — Improper refusal of final certificate — Collusion with employers — Liability of employer for acts of engineer: suspension of works: inaccurate mode of measurement — Appeal to Privy Council.

RE M’KINLEY AND WILLIAMS5 VLR (L) 569

Higinbotham moved the admission of Henry M’Kinley to practise as attorney, &c. The applicant had complied with the Rules in all respects, but he had not posted notice of his intention to apply for admission, at the office of the Prothonotary and at the Supreme Court, before the first day of this Term. There is nothing in the Rules, either of 23rd December, 1865, or of 3rd December, 1872, requiring this to be done; it appears to be merely a practice which probably has survived from the repealed Rules of 1854 on the subject. The applicant, as soon as he became aware of it, posted his notice early on the first day of Term; so that he was only a few hours late. The only portion of the Rules on which such a practice can be sustained is the concluding portion of Rule 24 (of 3rd December, 1872), which requires the applicant to "give notice by advertisement and otherwise, and in other respects comply with these Rules as required;" and in schedule H, he has to swear "that I have caused to be posted and published the notices required by the Rules of this Honourable Court, and otherwise in all respects complied therewith;" but there is nothing to show that this particular posting is required.·23 Dec 1879·Supreme Court of Victoria, at Law

AttorneyAdmission — Rules of 1872, r. 24 — Posting, at Prothonotary's office and at Supreme Court, of notice of intention to apply.