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6 VLR (L)(123 results)

Cases reported in this volume of the Victorian Reports

JOHNSTON v. JACKSON6 VLR (L) 1

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

STEWART v. FISHLEY6 VLR (L) 3

PER CURIAM.·22 Mar 1880·Supreme Court of Victoria, at Law

"Landlord and Tenant Statute, 1864" (No. 192), secs. 81, 84Distress — Sale by private contract of goods of third person, by consent of tenant — Conversion.

SMITH v. SADLER6 VLR (L) 5

PER CURIAM.·22 Mar 1880·Supreme Court of Victoria, at Law

Building contractWork to be executed to satisfaction of employer — Dispute as to proper execution — Questions for jury.

MAYOR &C. OF ARARAT v. GRANO6 VLR (L) 7

STAWELL, C.J. and BARRY, J.·23 Mar 1880·Supreme Court of Victoria, at Law

Waterworks of local governing bodiesAct No. 500, section 5 — By-laws — Sliding scale of rate.

JOHNSTON v. JACKSON6 VLR (L) 10

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

WHITE v. JORDAN6 VLR (L) 11

STAWELL, C.J. and BARRY, J.·24 Mar 1880·Supreme Court of Victoria, at Law

SlanderImputation of want of chastity — Measure of damages — Loss of marriage not proved.

THE NATIONAL INSURANCE CO. OF SOUTH AUSTRALIA v. HALFEY, CHAIRMAN &c. OF THE AUSTRALIAN ALLIANCE ASSURANCE CO.6 VLR (L) 12

PER CURIAM.·24 Mar 1880·Supreme Court of Victoria, at Law

PracticeCosts — Evidence upon issues, where no notice to admit — "Statute of Evidence 1864" (No. 197,) section 12.

YOUNG v. THE BALLARAT AND BALLARAT EAST WATER COMMISSIONERS6 VLR (L) 14

STAWELL, C.J. and BARRY, J.·24 Mar 1880·Supreme Court of Victoria, at Law

CostsTaxation 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.

JOHNSTON v. JACKSON6 VLR (L) 19

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

REGINA v. COWIE6 VLR (L) 20

PER CURIAM.·24 Mar 1880·Supreme Court of Victoria, at Law

Municipal Act 18 Vic., No. 15, sec. 26By-law prohibiting the keeping of swine — Ultra vires.

REGINA v. HERON6 VLR (L) 21

PER CURIAM.·24 Mar 1880·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention of goods — Letter.

REGINA v. DE THEUARS6 VLR (L) 23

STAWELL, C.J., BARRY and STEPHEN, JJ.·25 Mar 1880·Supreme Court of Victoria, at Law

"Criminal Law and Practice Statute 1864" (No. 233), sec. 111Robbery under arms — Robbery from servant, of property of master not present.

REGINA v. BANNERMAN6 VLR (L) 25

PER CURIAM.·25 Mar 1880·Supreme Court of Victoria, at Law

Commitment by justicesUncertain period — After the space of four weeks — Abandonment of warrant — Costs.

JOHNSTON v. JACKSON6 VLR (L) 27

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

JOHNSTON v. JACKSON6 VLR (L) 28

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

WILLIAMS v. CLAUSEN6 VLR (L) 29

STAWELL, C.J., BARRY and STEPHEN, JJ.·31 Mar 1880·Supreme Court of Victoria, at Law

"Criminal Law and Practice Statute 1864" (No. 233), sec. 178Amending Act (No. 399), sec. 23 — Unlawfully destroying fence — Claim of right — Ouster of jurisdiction.

REGINA v. PANTON6 VLR (L) 33

PER CURIAM.·31 Mar 1880·Supreme Court of Victoria, at Law

"Justices of the Peace Statute 1865" (No. 267), sec. 41Limit of jurisdiction — Amount in summons reduced by credit for sum not agreed upon.

REGINA v. SYNNOT6 VLR (L) 35

PER CURIAM.·31 Mar 1880·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 17, sub-sec. 6Wilful trespass — Alternative native penalty.

IN RE PHELPS6 VLR (L) 37

STAWELL, C.J., BARRY and STEPHEN, JJ.·1 Apr 1880·Supreme Court of Victoria, at Law

AttachmentHow 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.

IN RE HARRIS6 VLR (L) 47

STAWELL, C.J., STEPHEN and BARRY, JJ.·1 Apr 1880·Supreme Court of Victoria, at Law

"Insolvency Statute 1871" (No. 379), sec. 76Debt 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.

IN RE SYME6 VLR (L) 51

PER CURIAM.·7 Apr 1880·Supreme Court of Victoria, at Law

Contempt of CourtComments on pending case.

MORGAN v. CLEMENTS6 VLR (L) 53

STAWELL, C.J. BARRY and STEPHEN, JJ.·7 Apr 1880·Supreme Court of Victoria, at Law

Husband and wifeSeparation by consent on terms of wife having allowance — Allowance unpaid — Authority of wife to pledge husband's credit.

COOTE v. GILLESPIE6 VLR (L) 56

STAWELL, C.J. and BARRY, J.·8 Apr 1880·Supreme Court of Victoria, at Law

Principal and agentUndisclosed 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.

IN RE WISEWOULD6 VLR (L) 60

PER CURIAM.·9 Apr 1880·Supreme Court of Victoria, at Law

AttorneyAdmission — Supreme Court Rules, 11th April, 1874 — Examinations at interval of one academic year.

MORNANE v. O’BRIEN6 VLR (L) 61

PER CURIAM.·9 Apr 1880·Supreme Court of Victoria, at Law

Landlord and tenantUse and occupation — Payment to persons previously allowed to receive rents and profits — Title.

BONHAM v. BROPHY6 VLR (L) 64

PER CURIAM.·9 Apr 1880·Supreme Court of Victoria, at Law

ContractEvidence — Written offer orally accepted — Admissibility of condition accompanying such acceptance.

HARTNEY v. HIGGINS6 VLR (L) 65

PER CURIAM.·10 Apr 1880·Supreme Court of Victoria, at Law

ExecutorsAction by all to recover a deed pledged by one before he became executor.

COLE v. CHIRNSIDE6 VLR (L) 68

STAWELL, C.J. and BARRY, J.·12 Apr 1880·Supreme Court of Victoria, at Law

Victoria Racing ClubRules 22, 23 — Finality of decision of stewards, in absence of inquiry, evidence, or personal knowledge.

WILSON v. LUTH6 VLR (L) 73

STAWELL, C.J., BARRY and STEPHEN, JJ.·16 Apr 1880·Supreme Court of Victoria, at Law

AdministratorPromise to pay debt of intestate on day certain — Personal liability.

RIPPON v. DENNIS6 VLR (L) 81

PER CURIAM.·16 Apr 1880·Supreme Court of Victoria, at Law

Malicious prosecutionEmbezzlement by shire officer — Reasonable and probable cause — Refusing to explain deficit in accounts — "Local Government Act 1874" (No. 506), sec. 202.

DOYLE v. VANCE6 VLR (L) 87

STAWELL, C.J., BARRY and STEPHEN, JJ.·16 Apr 1880·Supreme Court of Victoria, at Law

DogLiability of owner for injury on the land of another — Scienter.

THE KENSINGTON STARCH AND MAIZENA COY. v. THE MAYOR &c. OF ESSENDON AND FLEMINGTON6 VLR (L) 93

PER CURIAM.·16 Apr 1880·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), secs. 408, 418Raising level of street already paved — Notice to adjoining owner — Fence on street to protect hole near the street.

BISHOP v. STONE6 VLR (L) 98

STAWELL, C.J., BARRY and STEPHEN, JJ.·16 Apr 1880·Supreme Court of Victoria, at Law

New trialMisdirection — Unexpected defence — Right to make rebutting case — Evidence not tendered.

COLDHAM v. THE QUEEN6 VLR (L) 102

STAWELL, C.J., BARRY and STEPHEN, JJ.·16 Apr 1880·Supreme Court of Victoria, at Law

"Land Tax Act 1877" (No. 575), sec. 25Appeal from classification — Costs against the Crown.

HILL v. POWER6 VLR (L) 109

STAWELL, C.J., BARRY and STEPHEN, JJ.·22 Apr 1880·Supreme Court of Victoria, at Law

AttorneyAction brought on behalf of two plaintiffs — No authority from one — Inability of other to pay costs — Liability of attorney.

CAMPBELL v. BENT6 VLR (L) 117

STAWELL, C.J., BARRY and STEPHEN, JJ.·22 Apr 1880·Supreme Court of Victoria, at Law

Vendor and purchaserContract to execute conveyance upon payment of balance of purchase money — Concurrent conditions.

THACKWRAY v. WINTER6 VLR (L) 128

PER CURIAM.·22 Apr 1880·Supreme Court of Victoria, at Law

Contract for buildingArchitect's certificate — Verbal order by employer — Arbitration — Penalty for not submitting.

WATSON v. MORROW6 VLR (L) 134

STAWELL, C.J., BARRY and STEPHEN, JJ.·22 Apr 1880·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 204Garnishee 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.

O’SHEA v. D’ARCY6 VLR (L) 142

PER CURIAM.·27 Apr 1880·Supreme Court of Victoria, at Law

Pounds Act 1874 (No. 478), sec. 14Action 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.

SMALL v. GLEN6 VLR (L) 154

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

ParcelsCertificate 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.

IN RE PHELPS6 VLR (L) 164

STAWELL, C.J. and BARRY, J.·21 June 1880·Supreme Court of Victoria, at Law

Attachment for contemptPractice — Heading of Rule — Costs of Rule not endorsed on writ.

NEAVES v. BARRETT6 VLR (L) 165

STAWELL, C.J. and BARRY, J.·21 June 1880·Supreme Court of Victoria, at Law

TrespassRemoving materials of old fence, to make way for erection of a new one.

REGINA v. MACGREGOR6 VLR (L) 167

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

Mining Companies Act 1871, secs. 13, 52, 54Complaint for calls more than 14 days after due.

MAYS v. WATMOUGH6 VLR (L) 169

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

PracticeCounty 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.

THE MAYOR, &c., OF WANGARATTA v. MEIGHAN6 VLR (L) 170

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

Local Government Act 1874, section 294Liability of present owner for rates due from previous owner, without proof of demand.

BOND v. VAUGHAN6 VLR (L) 172

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

Landlord and tenantEjectment — Subsequent agreement for tenancy — Evidence — Submission to distress.

DUNSTAN v. STEWART6 VLR (L) 175

PER CURIAM.·21 June 1880·Supreme Court of Victoria, at Law

Regulation of Mines Statute 1877, secs. 6, 11, 16Negligence of person in charge of machinery — Erection of machinery.

EVANS v. MARTIN6 VLR (L) 176

STAWELL, C.J., BARRY and STEPHEN, JJ.·22 June 1880·Supreme Court of Victoria, at Law

NegligenceSpecial privilege to obstruct public street — Correlative absolute duty to protect public safety — Liability for acts of sub-contractor.

REGINA v. KAVANAGH6 VLR (L) 179

PER CURIAM.·23 June 1880·Supreme Court of Victoria, at Law

Justices of the Peace Act (No. 565), sec. 13Court most easy of access to defendant — Interpleader summons — Order to quash under Act No. 571.

WHITE v. HODDLE6 VLR (L) 183

STAWELL, C.J., BARRY and STEPHEN, JJ.·24 June 1880·Supreme Court of Victoria, at Law

PracticeAppeal in Equity — Motion before Court in banco for postponement of trial of issues.

PINK v. MELBOURNE TRAMWAY AND OMNIBUS COY.6 VLR (L) 186

STAWELL, C.J., BARRY and STEPHEN, JJ.·26 June 1880·Supreme Court of Victoria, at Law

CarrierOf passengers — Accidental injury — Negligence — Onus of proof.

REGINA v. LEECH6 VLR (L) 189

Rule absolute accordingly.·26 June 1880·Supreme Court of Victoria, at Law

Local Government Act 1874, sec. 395Bridge at boundary of two municipalities — Determination of dipute by Chairman of General Sessions — Award of costs.

HARDY v. JOHNSTON6 VLR (L) 190

STAWELL, C.J., BARRY and STEPHEN, JJ.·26 June 1880·Supreme Court of Victoria, at Law

Principal and suretyInstruments and Securities Statute 1864, sec. 55 — Right of surety to assignment of securities — Judgment against himself as sole defendant.

HILL v. WILLIS6 VLR (L) 193

STAWELL, C.J., BARRY and STEPHEN , JJ.·28 June 1880·Supreme Court of Victoria, at Law

Sale by auctionSignature 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.

REGINA v. BRADSHAW6 VLR (L) 197

STAWELL, C.J., BARRY and STEPHEN, JJ.·28 June 1880·Supreme Court of Victoria, at Law

Justices of the Peace Statute 1865, sec. 117Issue of warrant of distress before service of copy of minute of order.

SMITH v. THE COLONIAL MUTUAL FIRE INSURANCE COY. LTD.6 VLR (L) 200

STAWELL, C.J., BARRY and STEPHEN, JJ.·30 June 1880·Supreme Court of Victoria, at Law

InsuranceAgainst fire — Partial reinstatement — Second fire before completion — Credit for amount expended — Excess over amount insured.

O’BRIEN v. THE BOARD OF LAND AND WORKS6 VLR (L) 204

STAWELL, C.J., BARRY and STEPHEN, JJ.·6 July 1880·Supreme Court of Victoria, at Law

NegligenceExercise of statutory authority — Public body — Employment of contractor.

FLYNN v. THE QUEEN6 VLR (L) 208

STAWELL, C.J., BARRY and STEPHEN, JJ.·6 July 1880·Supreme Court of Victoria, at Law

Discipline Act 1870Naval service — Wrongful dismissal.

QUARRELL v. BROWN6 VLR (L) 212

PER CURIAM.·7 July 1880·Supreme Court of Victoria, at Law

CostsRule for new trial — Mistake of jury in computing amount due.

ALLEN v. OWER6 VLR (L) 213

STAWELL, C.J., BARRY and STEPHEN, JJ.·10 July 1880·Supreme Court of Victoria, at Law

AppealCounty Court — Alteration of decision before it is recorded.

MUNRO v. THE SHIRE OF ST. ARNAUD6 VLR (L) 217

STAWELL, C.J., BARRY and STEPHEN, JJ.·10 July 1880·Supreme Court of Victoria, at Law

Local Government Act 1874Section 399 — Negligence — Closed road — Slip panel — Accident — Contributory negligence — Special case on point of law.

HUMFFRAY v. HUMFFRAY6 VLR (L) 221

PER CURIAM.·12 July 1880·Supreme Court of Victoria, at Law

DetinueFor deed — Crown grant in name of plaintiff.

JOHNSTON v. JACKSON6 VLR (L) 224

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

THE QUEEN v. LEE6 VLR (L) 225

STAWELL, C.J., BARRY and STEPHEN, JJ.·13 July 1880·Supreme Court of Victoria, at Law

Juries Statute 1876Sec. 63, 64, 72 — Challenges in excess — Exhaustion of panel — Special case from general sessions.

PHILLIPS v. THE MELBOURNE TRAMWAY AND OMNIBUS COY. LTD.6 VLR (L) 229

STAWELL, C.J., BARRY and STEPHEN, JJ.·14 July 1880·Supreme Court of Victoria, at Law

NegligenceCollision in street — Evidence — Mode of occurrence of accident.

PATERNOSTER v. HACKETT6 VLR (L) 232

STAWELL, C.J., BARRY and STEPHEN, JJ.·14 July 1880·Supreme Court of Victoria, at Law

DeceitMisrepresentation of condition of company to promote sale of shares — Liability of directors — Circulation of balance-sheet not finally adopted — Moral fraud.

GLEESON v. KINGSTON6 VLR (L) 243

STAWELL, C.J., BARRY and STEPHEN, JJ.·14 July 1880·Supreme Court of Victoria, at Law

PenaltyLiquidated damages — Sale of goodwill of business — Covenant restraining vendor from carrying on business.

DONNELLY v. GRAVES6 VLR (L) 247

STAWELL, C.J., BARRY and STEPHEN, JJ.·14 July 1880·Supreme Court of Victoria, at Law

Stock mortgageDefault — Possession taken by purchaser from mortgagor, with notice — Measure of damages — New South Wales mortgage unregistered in Victoria.

REGINA v. KING6 VLR (L) 256

STAWELL, C.J., BARRY and STEPHEN, JJ.·14 July 1880·Supreme Court of Victoria, at Law

Marriage and Matrimonial Causes Statute 1864Sections 31, 39, 40 — Order for maintenance — Conviction for disobedience — Order not transmitted to clerk of peace.

GRIFFITHS v. THE VICTORIAN PROPERTY INVESTMENT & BUILDING SOCIETY6 VLR (L) 259

STAWELL, C.J., BARRY and STEPHEN, JJ.·31 July 1880·Supreme Court of Victoria, at Law

Married Women's Property ActSecs. 6, 8, 12, 18 — Deposit with building society before marriage — No settlement to separate use — Right of husband to payment.

THE KENSINGTON STARCH AND MAIZENA COY. v. THE MAYOR &c. OF ESSENDON & FLEMINGTON6 VLR (L) 265

STAWELL, C.J., BARRY and STEPHEN, JJ.·31 July 1880·Supreme Court of Victoria, at Law

Local Government Act 1874Sections 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.

TURNER v. WRIGHT6 VLR (L) 273

STAWELL, C.J., BARRY and STEPHEN, JJ.·31 July 1880·Supreme Court of Victoria, at Law

Malicious prosecutionReasonable and probable cause — Acting on information at second hand.

COHEN v. THE ORIENTAL BANKING CORPORATION6 VLR (L) 278

PER CURIAM. AWELL, C.J., BARRY and STEPHEN, JJ.·30 June 1880·Supreme Court of Victoria, at Law

Bill of saleVerifying 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.

THE COFFEE TAVERN COY. LTD. v. DE YOUNG6 VLR (L) 289

STAWELL, C.J., BARRY and STEPHEN JJ.·1 Sept 1880·Supreme Court of Victoria, at Law

AttorneyLiability to pay costs — Unauthorised use of name of plaintiff.

JOHNSTON v. JACKSON6 VLR (L) 292

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

POWELL v. SAVAGE6 VLR (L) 293

PER CURIAM STAWELL, C.J., BARRY & STEPHEN, JJ. .·6 Sept 1880·Supreme Court of Victoria, at Law

Racing rulesPower of stewards as to declaring winner — Short weight.

JOHNSTON v. JACKSON6 VLR (L) 296

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

CAMPBELL v. CONNOR6 VLR (L) 297

STAWELL, C.J., BARRY and STEPHEN, JJ.·6 Sept 1880·Supreme Court of Victoria, at Law

ChequeCashing — Indorsement by transferor — Consideration.

THE RUBY EXTENDED TIN MINING COY. LTD. v. WOOLCOTT6 VLR (L) 301

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·8 Sept 1880·Supreme Court of Victoria, at Law

Common Law Procedure Statute 1865Sections 307, 308 — Leave to issue execution on Tasmanian judgment — Plaintiff corporation — Fraud.

SNEWIN v. DOHERTY6 VLR (L) 305

PER CURIAM STAWELL, C.J., BARRY & STEPHEN, JJ. .·16 Sept 1880·Supreme Court of Victoria, at Law

LibelCertificate of discharge to seaman — Filling columns as to character, with a cross — Merchant Shipping Act 1854, sec. 176.

REGINA v. TRENCH6 VLR (L) 309

PER CURIAM STAWELL, C.J., BARRY and STEPHEN, JJ. .·16 Sept 1880·Supreme Court of Victoria, at Law

Mining Companies Act 1871Sec. 97 — Application to settle list of contributories — Objection to winding-up order — Mandamus.

THE COMMERCIAL BANK OF AUSTRALIA v. CARSON6 VLR (L) 310

PER CURIAM STAWELL, C.J., BARRY and HIGINBOTHAM, JJ. .·4 Oct 1880·Supreme Court of Victoria, at Law

Land Act 1869Sec. 21 — Promise during currency of license, to deposit lease when issued — Guaranty by third party.

LANGTON v. BOARD OF LAND AND WORKS6 VLR (L) 316

STAWELL, C.J. BARRY and HIGINBOTHAM, JJ.·8 Oct 1880·Supreme Court of Victoria, at Law

NegligenceRailway — Unfenced dangers in permissive way of access to station — Person going to meet a passenger.

WHITTY v. DUNNING6 VLR (L) 324

STAWELL, C.J. BARRY and HIGINBOTHAM, JJ.·9 Oct 1880·Supreme Court of Victoria, at Law

Stamp Duties Act 1879Sec. 57 — Bill of Exchange — Bon fide holder — Cancellation of stamp by acceptor — Date.

REGINA v. PEARSON6 VLR (L) 329

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·9 Oct 1880·Supreme Court of Victoria, at Law

"Passengers, Harbours, and Navigation Statute 1865," sec. 40Regulations operative beyond the limits of the port — Ultra vires — Practice — Rule to prohibit — Minute of conviction.

WRIGHT v. IMPERIAL MARINE INSURANCE COY.6 VLR (L) 334

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·9 Oct 1880·Supreme Court of Victoria, at Law

InsuranceTime policy — Permission in writing to go to prohibited port — Several visits — Latent ambiguity as to port permitted — Parol evidence.

IN RE PHELPS6 VLR (L) 344

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·9 Oct 1880·Supreme Court of Victoria, at Law

AttorneyBill of costs — Taxation — Reservation of dispute as to retainer — Balance in favour of client — Abandonment of reservation — Review of taxation — Lapse of time.

WRIXON v. MACOBOY6 VLR (L) 350

PER CURIAM.·13 Oct 1880·Supreme Court of Victoria, at Law

Promissory noteAccommodation — Agreement not to put in circulation — Indorsement after maturity, and after it had been taken up.

THE COLONIAL BANK OF AUSTRALASIA v. MOODIE6 VLR (L) 354

PER CURIAM Stawell, C. J., and Barry, J. .·13 Oct 1880·Supreme Court of Victoria, at Law

ContractGuaranty — Immaterial alteration after execution.

CLOHESY v. MAHER6 VLR (L) 357

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·13 Oct 1880·Supreme Court of Victoria, at Law

ContractSale of land — Statute of Frauds — Blanks in contract, supplemented by indorsement.

BALLS-HEADLEY v. AMBLER6 VLR (L) 360

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·13 Oct 1880·Supreme Court of Victoria, at Law

Landlord and TenantForfeiture — Waiver — Subsequent receipt of rent previously due in advance — Act of forfeiture by original tenant, after assignment of lease.

REGINA v. COPE6 VLR (L) 366

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·13 Oct 1880·Supreme Court of Victoria, at Law

County Court Statute 1869Sec. 77 — Failure to prove due service of summons — Striking out case with costs — Jurisdiction — Prohibition.

QUINLIVAN v. DARCEY6 VLR (L) 370

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·13 Oct 1880·Supreme Court of Victoria, at Law

Landlord and tenantIllegal 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.

DOUGHARTY v. THE LONDON GUARANTEE AND ACCIDENT COY. (LTD.)6 VLR (L) 376

STAWELL, C. J. and STEPHEN, J.·22 Nov 1880·Supreme Court of Victoria, at Law

InsuranceGuaranty of fidelity — Promissory representations as basis of contract — Undertaking by insured to prosecute — Offender out of jurisdiction.

LUTH v. STEWART6 VLR (L) 383

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·22 Nov 1880·Supreme Court of Victoria, at Law

Bill of exchangeMaterial alteration — Inserting words "without recourse" — Carrying out original intention of the parties.

HARDING v. THE BOARD OF LAND AND WORKS6 VLR (L) 389

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·22 Nov 1880·Supreme Court of Victoria, at Law

"Lands Compensation Statute 1869"Sec. 35 — Injury to be compensated — Risk of accidental fire after construction of railway.

PATERNOSTER v. HACKETT6 VLR (L) 396

STAWELL, C.J. and STEPHEN, J.·22 Nov 1880·Supreme Court of Victoria, at Law

DeceitCompany — Directors — False balance-sheets — Statements put forth without knowledge of their truth.

IN RE "TRANSFER OF LAND STATUTE,"6 VLR (L) 405

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·22 Nov 1880·Supreme Court of Victoria, at Law

WillConditional 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.

ROWBOTTOM v. HENNELLY6 VLR (L) 409

PER CURIAM STAWELL, C.J., and STEPHEN, J. HIGINBOTHAM, J., took no part in the adjudication, having advised in the case, while at the Bar. .·25 Nov 1880·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 89Fraud summons — Commitment — Insolvency — Order ex parte for discharge — Appeal.

PRENDERGAST v. LEE6 VLR (L) 411

PER CURIAM.·25 Nov 1880·Supreme Court of Victoria, at Law

ContractPartial failure in performance — Rescission.

O’CALLAGHAN v. WAUGH6 VLR (L) 413

PER CURIAM.·25 Nov 1880·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 456Market — Selling outside without license — Sample.

M’GEE v. ANDERSON6 VLR (L) 414

PER CURIAM.·27 Nov 1880·Supreme Court of Victoria, at Law

SheriffInterpleader — Duty of sheriff.

IN RE PHELPS6 VLR (L) 417

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·29 Nov 1880·Supreme Court of Victoria, at Law

AttorneyBills of costs — Taxation — Computation of one sixth struck off — Disputed retainer — Practice — Rule made absolute, pending judge's order for stay of proceedings.

EX PARTE M’EVOY6 VLR (L) 424

STAWELL, C.J.·29 Nov 1880·Supreme Court of Victoria, at Law

"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.

JOHNSTON v. JACKSON6 VLR (L) 426

PER CURIAM STAWELL, C.J. and BARRY, J. .·22 Mar 1880·Supreme Court of Victoria, at Law

EvidenceOffer of compromise, without prejudice — Previous use of offer in affidavit on application prior to trial — Admissibility on behalf of other party.

REGINA v. THORNTON6 VLR (L) 427

STAWELL, C.J. STEPHEN and HIGINBOTHAM, JJ.·2 Dec 1880·Supreme Court of Victoria, at Law

PerjuryFalse declaration — Declaration not read over in presence of commissioner.

REGINA v. O’BRIEN6 VLR (L) 429

PER CURIAM·2 Dec 1880·Supreme Court of Victoria, at Law

PracticeComputation of time — Parts of a day.

REGINA v. DUFFY6 VLR (L) 430

STAWELL, C.J. STEPHEN and HIGINBOTHAM, JJ.·2 Dec 1880·Supreme Court of Victoria, at Law

ManslaughterNeglect 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.

GRIMWOOD v. SMITH6 VLR (L) 433

STAWELL, C.J. and STEPHEN, J.·6 Dec 1880·Supreme Court of Victoria, at Law

ContractMistake — Money had and received.

REGINA v. THE MAYOR &C. OF RICHMOND6 VLR (L) 437

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·6 Dec 1880·Supreme Court of Victoria, at Law

"Local Government Act 1874," sec. 285One complaint for several rates under different Acts — Rule to prohibit — Amendment.

HODGSON v. BULPIT6 VLR (L) 440

PER CURIAM.·8 Dec 1880·Supreme Court of Victoria, at Law

DefamationWords imputing criminal offence — Neutralised by contemporaneous words and circumstances.

SEARLE v. HACKETT6 VLR (L) 442

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·8 Dec 1880·Supreme Court of Victoria, at Law

PracticeWithdrawing record — Sufficient cause — Costs of the day.

WALKER v. BORN6 VLR (L) 447

STAWELL, C.J. and STEPHEN, J.·9 Dec 1880·Supreme Court of Victoria, at Law

PartnershipCovenant to refer disputes to arbitration — Action by partner for money advanced for other partner as share of capital.

CLARKE v. CAMERON6 VLR (L) 449

PER CURIAM.·10 Dec 1880·Supreme Court of Victoria, at Law

AppealCounty Court — Time for transmission — County Court Rules — Order V., r. 4.

THE PRESIDENT &c. OF SHIRE OF ELTHAM v. THE QUEEN6 VLR (L) 451

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·13 Dec 1880·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), sec. 111New license — Intermission of license for a year — Destination of fees.

FATTORINI v. FATTORINI6 VLR (L) 454

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·13 Dec 1880·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), secs. 307, 308Enforcing judgment of Court of another colony — Decree in Divorce jurisdiction — Practice — Particulars to be set out in memorial — Amendment.

IN RE TRANSFER OF LAND STATUTE6 VLR (L) 458

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·17 Dec 1880·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 106Transfers 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.

PLAYFORD v. BROWN6 VLR (L) 467

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·20 Dec 1880·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 120Practice — Appeal — Security — Malicious prosecution — Reasonable and probable cause.

BLACK v. ZEVENBOOM6 VLR (L) 473

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·20 Dec 1880·Supreme Court of Victoria, at Law

Act No. 557, sec. 13Bill of sale — Annual affidavit — Error in statement of amount due — Trespass — Leave and License.

TEAGUE v. FARRELL6 VLR (L) 480

STAWELL, C.J. STEPHEN and HIGINBOTHAM, JJ.·20 Dec 1880·Supreme Court of Victoria, at Law

"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.

GLEN v. ABBOTT6 VLR (L) 483

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·20 Dec 1880·Supreme Court of Victoria, at Law

Bill of SaleReceipt for purchase money, with inventory attached — Trover — Right of possession in bailee.

WILLIAMSON v. M’RAVEY6 VLR (L) 487

STAWELL, C.J. STEPHEN and HIGINBOTHAM, JJ.·24 Dec 1880·Supreme Court of Victoria, at Law

Malicious prosecutionReasonable and probable cause — Questions for Court and jury — Onus of proof.

MITCHELL v. WATSON6 VLR (L) 493

STAWELL, C.J., HIGINBOTHAM and STEPHEN, JJ.·24 Dec 1880·Supreme Court of Victoria, at Law

ContractSale of goods — Acceptance — Authority of agent for purchase, to direct delivery.