JOHNSTON v. JACKSON6 VLR (L) 1
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
View Victorian Reports and Victorian Law Reports by volume number
Cases reported in this volume of the Victorian Reports
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
"Landlord and Tenant Statute, 1864" (No. 192), secs. 81, 84 — Distress — Sale by private contract of goods of third person, by consent of tenant — Conversion.
Building contract — Work to be executed to satisfaction of employer — Dispute as to proper execution — Questions for jury.
Waterworks of local governing bodies — Act No. 500, section 5 — By-laws — Sliding scale of rate.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Slander — Imputation of want of chastity — Measure of damages — Loss of marriage not proved.
Practice — Costs — Evidence upon issues, where no notice to admit — "Statute of Evidence 1864" (No. 197,) section 12.
Costs — Taxation as between party and party — Number of counsel allowed — On Demurrer — At trial — Refreshers for attendance while jury were consulting as to verdict — Instructions for brief — View by jury.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Municipal Act 18 Vic., No. 15, sec. 26 — By-law prohibiting the keeping of swine — Ultra vires.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention of goods — Letter.
"Criminal Law and Practice Statute 1864" (No. 233), sec. 111 — Robbery under arms — Robbery from servant, of property of master not present.
Commitment by justices — Uncertain period — After the space of four weeks — Abandonment of warrant — Costs.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
"Criminal Law and Practice Statute 1864" (No. 233), sec. 178 — Amending Act (No. 399), sec. 23 — Unlawfully destroying fence — Claim of right — Ouster of jurisdiction.
"Justices of the Peace Statute 1865" (No. 267), sec. 41 — Limit of jurisdiction — Amount in summons reduced by credit for sum not agreed upon.
"Police Offences Statute 1865" (No. 265), sec. 17, sub-sec. 6 — Wilful trespass — Alternative native penalty.
Attachment — How sheriff to deal with prisoner when taken — Supreme Court Rules, chap. IX., 3, 18 — Order to pay money to attorney-under-power — Rule for attachment unless such sum and costs be paid to another person — Payment to first attorney-under-power.
"Insolvency Statute 1871" (No. 379), sec. 76 — Debt provable in insolvency — Arrears of maintenance for wife ordered by justices under the "Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31 — Imprisonment under sec. 39.
Contempt of Court — Comments on pending case.
Husband and wife — Separation by consent on terms of wife having allowance — Allowance unpaid — Authority of wife to pledge husband's credit.
Principal and agent — Undisclosed principal — Guaranty on behalf of "another party" — Liability of agent signing also on behalf of his firm accepting guaranty — County Court Rules, Order III., rule 41 — Payment into Court — Nonsuit.
Attorney — Admission — Supreme Court Rules, 11th April, 1874 — Examinations at interval of one academic year.
Landlord and tenant — Use and occupation — Payment to persons previously allowed to receive rents and profits — Title.
Contract — Evidence — Written offer orally accepted — Admissibility of condition accompanying such acceptance.
Executors — Action by all to recover a deed pledged by one before he became executor.
Victoria Racing Club — Rules 22, 23 — Finality of decision of stewards, in absence of inquiry, evidence, or personal knowledge.
Administrator — Promise to pay debt of intestate on day certain — Personal liability.
Malicious prosecution — Embezzlement by shire officer — Reasonable and probable cause — Refusing to explain deficit in accounts — "Local Government Act 1874" (No. 506), sec. 202.
Dog — Liability of owner for injury on the land of another — Scienter.
"Local Government Act 1874" (No. 506), secs. 408, 418 — Raising level of street already paved — Notice to adjoining owner — Fence on street to protect hole near the street.
New trial — Misdirection — Unexpected defence — Right to make rebutting case — Evidence not tendered.
"Land Tax Act 1877" (No. 575), sec. 25 — Appeal from classification — Costs against the Crown.
Attorney — Action brought on behalf of two plaintiffs — No authority from one — Inability of other to pay costs — Liability of attorney.
Vendor and purchaser — Contract to execute conveyance upon payment of balance of purchase money — Concurrent conditions.
Contract for building — Architect's certificate — Verbal order by employer — Arbitration — Penalty for not submitting.
"Common Law Procedure Statute 1865" (No. 274), sec. 204 — Garnishee disputing liability — Defence judgment obtained by fraud of judgment creditor — Insolvency of judgment debtor, after writ served — "Insolvency Statute 1871" (No. 379), sec, 65, v. — Charge — Secured creditor.
Pounds Act 1874 (No. 478), sec. 14 — Action for seizing sheep — Plea under sec. 14, not setting out conditions favourable to defendant — Fences Statute 1874 (No. 479), secs. 8, 9 — Replications of agreement to fence, trespass before expiry of three months after agreement.
Parcels — Certificate of title — Plan in margin — Abuttals — Figured dimensions — Statute of Limitations — Possession of unenclosed portion of land by possession of adjoining enclosed portion — No connected adverse possession — Wrongful admission of unimportant evidence.
Attachment for contempt — Practice — Heading of Rule — Costs of Rule not endorsed on writ.
Trespass — Removing materials of old fence, to make way for erection of a new one.
Mining Companies Act 1871, secs. 13, 52, 54 — Complaint for calls more than 14 days after due.
Practice — County Court — Absence of defendant and his witnesses at trial — Application for adjournment after close of plaintiff's case, defendant's counsel having taken part in trial.
Local Government Act 1874, section 294 — Liability of present owner for rates due from previous owner, without proof of demand.
Landlord and tenant — Ejectment — Subsequent agreement for tenancy — Evidence — Submission to distress.
Regulation of Mines Statute 1877, secs. 6, 11, 16 — Negligence of person in charge of machinery — Erection of machinery.
Negligence — Special privilege to obstruct public street — Correlative absolute duty to protect public safety — Liability for acts of sub-contractor.
Justices of the Peace Act (No. 565), sec. 13 — Court most easy of access to defendant — Interpleader summons — Order to quash under Act No. 571.
Practice — Appeal in Equity — Motion before Court in banco for postponement of trial of issues.
Carrier — Of passengers — Accidental injury — Negligence — Onus of proof.
Local Government Act 1874, sec. 395 — Bridge at boundary of two municipalities — Determination of dipute by Chairman of General Sessions — Award of costs.
Principal and surety — Instruments and Securities Statute 1864, sec. 55 — Right of surety to assignment of securities — Judgment against himself as sole defendant.
Sale by auction — Signature for purchaser by auctioneer's clerk — Statute of Frauds — Bidding by auctioneer — Knowledge of purchaser — Subsequent ratification — Practice — Nonsuit point overruled — Not specified in grounds of appeal.
Justices of the Peace Statute 1865, sec. 117 — Issue of warrant of distress before service of copy of minute of order.
Insurance — Against fire — Partial reinstatement — Second fire before completion — Credit for amount expended — Excess over amount insured.
Negligence — Exercise of statutory authority — Public body — Employment of contractor.
Discipline Act 1870 — Naval service — Wrongful dismissal.
Costs — Rule for new trial — Mistake of jury in computing amount due.
Appeal — County Court — Alteration of decision before it is recorded.
Local Government Act 1874 — Section 399 — Negligence — Closed road — Slip panel — Accident — Contributory negligence — Special case on point of law.
Detinue — For deed — Crown grant in name of plaintiff.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Juries Statute 1876 — Sec. 63, 64, 72 — Challenges in excess — Exhaustion of panel — Special case from general sessions.
Negligence — Collision in street — Evidence — Mode of occurrence of accident.
Deceit — Misrepresentation of condition of company to promote sale of shares — Liability of directors — Circulation of balance-sheet not finally adopted — Moral fraud.
Penalty — Liquidated damages — Sale of goodwill of business — Covenant restraining vendor from carrying on business.
Stock mortgage — Default — Possession taken by purchaser from mortgagor, with notice — Measure of damages — New South Wales mortgage unregistered in Victoria.
Marriage and Matrimonial Causes Statute 1864 — Sections 31, 39, 40 — Order for maintenance — Conviction for disobedience — Order not transmitted to clerk of peace.
Married Women's Property Act — Secs. 6, 8, 12, 18 — Deposit with building society before marriage — No settlement to separate use — Right of husband to payment.
Local Government Act 1874 — Sections 377-9, 418 — Power to reduce width of road — Dangerous hole near street — Power of Municipal Council to fence without giving notice — Erection of fence on street — Acquiescence in ignorance — Prospective damages for such nuisance — Tenant.
Malicious prosecution — Reasonable and probable cause — Acting on information at second hand.
Bill of sale — Verifying affidavit — Description of attesting witness — After-acquired property — Novus actus — Seizure without previous demand in writing — Waiver of demand — Order and disposition of grantor at time of insolvency — Insolvency Statute 1871, sec. 68, v. — Amendment of special case after judgment.
Attorney — Liability to pay costs — Unauthorised use of name of plaintiff.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Racing rules — Power of stewards as to declaring winner — Short weight.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Cheque — Cashing — Indorsement by transferor — Consideration.
Common Law Procedure Statute 1865 — Sections 307, 308 — Leave to issue execution on Tasmanian judgment — Plaintiff corporation — Fraud.
Libel — Certificate of discharge to seaman — Filling columns as to character, with a cross — Merchant Shipping Act 1854, sec. 176.
Mining Companies Act 1871 — Sec. 97 — Application to settle list of contributories — Objection to winding-up order — Mandamus.
Land Act 1869 — Sec. 21 — Promise during currency of license, to deposit lease when issued — Guaranty by third party.
Negligence — Railway — Unfenced dangers in permissive way of access to station — Person going to meet a passenger.
Stamp Duties Act 1879 — Sec. 57 — Bill of Exchange — Bon fide holder — Cancellation of stamp by acceptor — Date.
"Passengers, Harbours, and Navigation Statute 1865," sec. 40 — Regulations operative beyond the limits of the port — Ultra vires — Practice — Rule to prohibit — Minute of conviction.
Insurance — Time policy — Permission in writing to go to prohibited port — Several visits — Latent ambiguity as to port permitted — Parol evidence.
Attorney — Bill of costs — Taxation — Reservation of dispute as to retainer — Balance in favour of client — Abandonment of reservation — Review of taxation — Lapse of time.
Promissory note — Accommodation — Agreement not to put in circulation — Indorsement after maturity, and after it had been taken up.
Contract — Guaranty — Immaterial alteration after execution.
Contract — Sale of land — Statute of Frauds — Blanks in contract, supplemented by indorsement.
Landlord and Tenant — Forfeiture — Waiver — Subsequent receipt of rent previously due in advance — Act of forfeiture by original tenant, after assignment of lease.
County Court Statute 1869 — Sec. 77 — Failure to prove due service of summons — Striking out case with costs — Jurisdiction — Prohibition.
Landlord and tenant — Illegal distress — Tender of rent after due, and before demand — Subsequent demand, and omission to pay at once — Readiness and willingness — County Court Statute 1869, sec. 15 — Judge appointed to act at certain sittings — Jurisdiction after conclusion of sittings, as to cases already tried — Practice.
Insurance — Guaranty of fidelity — Promissory representations as basis of contract — Undertaking by insured to prosecute — Offender out of jurisdiction.
Bill of exchange — Material alteration — Inserting words "without recourse" — Carrying out original intention of the parties.
"Lands Compensation Statute 1869" — Sec. 35 — Injury to be compensated — Risk of accidental fire after construction of railway.
Deceit — Company — Directors — False balance-sheets — Statements put forth without knowledge of their truth.
Will — Conditional devise — Gift over to person who died in lifetime of testator — Finality of decision of Court, on summons to Registrar of Titles to uphold his refusal of clear certificate of title.
"County Court Statute 1869" (No. 345), sec. 89 — Fraud summons — Commitment — Insolvency — Order ex parte for discharge — Appeal.
Contract — Partial failure in performance — Rescission.
"Local Government Act 1874" (No. 506), sec. 456 — Market — Selling outside without license — Sample.
Sheriff — Interpleader — Duty of sheriff.
Attorney — Bills of costs — Taxation — Computation of one sixth struck off — Disputed retainer — Practice — Rule made absolute, pending judge's order for stay of proceedings.
"Justices of the Peace Statute 1865" — Amending Act, No. 319, sec. 2 — Practice — Service of summons on absent defendant — Wife desertion — Maintenance order — Warrant of apprehension for disobedience, before personal service of order.
Evidence — Offer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.
Perjury — False declaration — Declaration not read over in presence of commissioner.
Practice — Computation of time — Parts of a day.
Manslaughter — Neglect of diseased child under care of her mother — Liability of stepfather — "The Criminal Law and Practice Statute 1864" (No. 233), sec. 390 — Special case — Signature of judge.
Contract — Mistake — Money had and received.
"Local Government Act 1874," sec. 285 — One complaint for several rates under different Acts — Rule to prohibit — Amendment.
Defamation — Words imputing criminal offence — Neutralised by contemporaneous words and circumstances.
Practice — Withdrawing record — Sufficient cause — Costs of the day.
Partnership — Covenant to refer disputes to arbitration — Action by partner for money advanced for other partner as share of capital.
Appeal — County Court — Time for transmission — County Court Rules — Order V., r. 4.
"The Licensing Act 1876" (No. 566), sec. 111 — New license — Intermission of license for a year — Destination of fees.
"Common Law Procedure Statute 1865" (No. 274), secs. 307, 308 — Enforcing judgment of Court of another colony — Decree in Divorce jurisdiction — Practice — Particulars to be set out in memorial — Amendment.
"Transfer of Land Statute" (No. 301), sec. 106 — Transfers under several writs of fi. fa. — Duty of Registrar to decide on validity — "The Land Act 1869," secs. 20, 110 — Lease — Condition against assignment — Regulations — Ultra vires.
"County Court Statute 1869" (No. 345), sec. 120 — Practice — Appeal — Security — Malicious prosecution — Reasonable and probable cause.
Act No. 557, sec. 13 — Bill of sale — Annual affidavit — Error in statement of amount due — Trespass — Leave and License.
"Statute of Evidence 1864" (No. 197), sec. 54 — "Real Property Statute 1864" (No. 213), sec. 215 — Act No. 283, sec. 2 — Judicial notice of signatures — Deputy Registrar-General — "Instruments and Securities Statute 1864" (No. 204), sec. 63 — Bill of sale — Stock mortgage — Covenant not to remove stock from farm.
Bill of Sale — Receipt for purchase money, with inventory attached — Trover — Right of possession in bailee.
Malicious prosecution — Reasonable and probable cause — Questions for Court and jury — Onus of proof.
Contract — Sale of goods — Acceptance — Authority of agent for purchase, to direct delivery.