RYAN v. NAGLE7 VLR (L) 1
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
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Cases reported in this volume of the Victorian Reports
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
"Friendly Societies Act 1877" (No. 590), sec. 15 (viii.) — Secretary — Illegal detention of books.
Negligence — Master and servant — Defective machine — Contributory negligence — Obvious defect — Evidence to impeach credit of previous witness.
Larceny as a bailee — Conversion of a bank note entrusted to prisoner to procure change.
Libel — Privilege — Excess — Conclusiveness of verdict — New trial.
"Police Offences Statute 1865" (No. 265), sec. 30 — Sunday trading — Conviction — Negativing exemptions.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
Malicious prosecution — Destruction of dividing fence — "Criminal Law and Practice Statute 1864" (No. 233), secs. 178, 206 — Act No. 399, sec. 23 — Malice.
Donatio mortis caus — Gift inter vivos — Deposit in Post-Office Savings Bank.
"The Licensing Act 1876" (No. 560), sec. 38 — Objection to grant of license — House belonging to several owners.
Contract — Implied mutuality — Pleading at law — General averment of performance of conditions precedent, with negative clause — Exceptions not negatived in breach.
Evidence — Conspiracy — Admission — Statement by co-conspirator.
Practice — Emergency clause — Rule nisi — Reference to Court — Moulding application into one under Act No. 571 — Fresh affidavits.
"Health Amendment Act" (No. 310), secs. 47, 62 — Penalty for not obeying order to pave, &c.
"Medical Practitioners Statute 1865" (No. 262), sec. 11 — Unauthorised use of title of doctor of medicine — Conviction not stating to whom costs to be paid.
Civil Service — Act No. 160, sec. 44 — Superannuation allowance — Service not continuous.
Vendor and purchaser — Contract to give acceptances — Tender of bills for acceptance.
"Local Government Act 1874" (No. 506), sec. 399 — Closed road — Taking down fence — Reasonable mode — Burning — Recovery of expenses.
"Local Government Act 1874" (No. 506), secs. 169, 173 — Municipal corporation — Contract — Formality of meeting authorising it.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 30, 31 — Maintenance — Wife living apart from husband, by mutual consent — Desertion — Offer to take wife back.
"The Land Act 1869" (No. 360), sec. 21 — Security — Agreement to transfer lease — Statute of Frauds — Course of post.
"Local Government Act 1874" (No. 506), sec. 213 — Regulations prohibiting keeping of swine — Exclusion of whole municipal district — Ultra vires.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 40 — Order for maintenance — General Sessions — Appeal by implication — Mandamus.
Malicious prosecution — Charge of assault — Reasonable and probable cause — Belief as to assault — Misdirection.
Practice — Irregularity — Notice of trial before issue joined.
"The Licensing Act 1876" (No. 566), secs. 54, 88, 93 — Sale of liquor without license — Husband and wife — Practice — Appeal from justices — Objection not stated in case.
Insolvency — Fraudulent preference — Agreement by judgment creditor to reduce amount of levy, on guaranty by third person of payment — Practice — Appeal from County Court — Variance between Judge's notes and statement in case of effect of evidence.
"The Justices of the Peace Statute 1865" (No. 267), sec. 63 — Backing a warrant issued in another colony — Ultra vices — Mandamus.
Costs — Trespass — Verdict for less than 10l. — No certificate at trial — Order to tax costs — Nullity — Waiver — "Common Law Procedure Statute 1865," sec. 429 — "County Court Statute 1869," sec. 41 — Repeal by implication.
"The Statute of Evidence 1864" (No. 197), sec. 4 — Commission to examine witnesses abroad — Discretion of Judge to refuse.
Reg.-Gen., 3rd December, 1872, rr. 6-7 — Student-at-law — Omission to sign roll-book.
Larceny — Possession obtained by fraud.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
"Local Government Act 1874" (No. 506), sec. 398 — Conviction — Two offences — Superfluous words.
"The Licensing Act 1876" (No. 566), secs. 35, 36, 38 — Licensing meetings.
Misdirection — Omission to tell jury no evidence of value of life interest.
"The Lien on Crops Act 1878" (No. 618), sec. 4.
"Common Law Procedure Statute 1865" (No. 274), sec. 440, sched. 39 — Costs — Taxation.
Medical practitioner — Retainer — Ratification.
Interpleader summons — Consent order — Mistake of attorney's town agent — Amendment.
Agency — Philanthropic society — Liability of members of committee for overdraft on banker — Authority unrevoked.
Foreign judgment — No notice of proceedings — Contract.
Interrogatories — Stay of proceedings — Absence of co-plaintiff from country — Address unknown.
"The Instruments and Securities Statute 1864" (No. 204), sec. 55 — Principal and surety — Assignment of securities — Promissory note.
Assignment for benefit of creditors voidable not void.
"The Licensing Act 1876" (No. 566), secs. 3, 18 — New Publican's License — Certiorari — Certificate for publican's license.
Contractor — Transfer — Deposit.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
Sale by auction — Conditions of sale — "Packages full or empty, contents not known or guaranteed."
Public company — Director — Contract — Commission.
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 7 (ii.), 8 — Purchase money of station in New South Wales secured collaterally by mortgage there, and promissory notes payable in Melbourne — Testator domiciled in Victoria — Liability to duty — Interest — "Common Law Procedure Statute 1865" (No. 274), sec. 422.
"The Mining Companies Act 1871" (No. 409), ss. 89, 187 — Banker and customer — Dishonour of cheque — Jus tertii.
"The Police Offences Statute 1865" (No. 265), sec. 36, subsec. 3 — Interpretation — "Justices of the Peace Statute Amending Act" (No. 571), sec. 4.
"The Licensing Act 1876" (No. 566), secs. 3, 48 — Jurisdiction of licensing magistrate.
"The Statute of Wrongs 1865" (No. 251), secs. 12, 15 — Negligence — Compensation for death — Excessive damages — New trial.
"Merchant Shipping Act 1854" (17 & 18 Vic., c. 104), ss. 242, 520 — "Merchant Shipping Act Amendment Act 1862" (25 & 26 Vic., c. 63), s. 23 — "Passengers, Harbours and Navigation Statute 1865" (No. 255), ss. 76, 77 — Act No. 312, s. 2 — Victoria Steam Navigation Board — Jurisdiction — Effect of legislation purporting to exceed territorial limits.
Attorneys' bills of costs — "Common Law Procedure Statute 1865" (No. 274), secs. 388, 396 — Separate suit.
Agreement — Auriferous sand — Construction — Measure of damages.
"Local Government Act 1874" (No. 506), secs. 380, 439 — Corporation — Highway — Unfenced drain — Negligence — Nuisance.
"County Court Statute 1869" (No. 345), sec. 120 — Appeal — Question of fact.
"Local Government Act 1874" (No. 506), sec. 399 — Obstruction of public road — Question of title — Jurisdiction of justice — Practice — Erasure in jurat of affidavit.
Libel — Privilege — Excess — Evidence — Cross-examination of plaintiff as to previous conduct, in absence of plea of justification — Admissibility on other grounds — Breach of undertaking by counsel to make evidence admissible — Practice.
"Justices of the Peace Act" (No. 571), sec. 2 — Rule to prohibit — Wrong inference from facts.
"Justices of the Peace Act" (No. 571), sec. 2 — Prohibition — Concurrent remedy — Certiorari — Jurisdiction — Act No. 565, sec. 13 — Court more easy of access — Materials to support application.
Principal and agent — Breach of warranty of authority — Burden of proof as to plaintiff's knowledge.
Criminal charge — Venue — Application to change — Inflammatory comments in press of the district to prejudice of prisoner.
"Transfer of Land Statute" (No. 301), sec. 135 — Summons to Registrar of Titles — Absence of probable ground for refusal to register land — Costs.
Appeal — County Court — Question of fact — Negligent driving. — Evidence. — Statement of servant.
"Common Law Procedure Statute 1865" (No. 274), sec. 398 — Attorney and client — Taxation of costs — Order to enter up judgment on allocatur — Balance due by attorney — Proportional payment to some of several clients.
Justices of the peace — Application to quash order — Act No. 571, sec. 4 — Defective materials — Adjournment of application beyond the month.
Practice — Limits of comment on course pursued by the opposite side during trial — Inviting jury to assume facts not proved — New trial.
Justices of the peace — Rule to prohibit — Act No. 571, sec. 2 — Review of decision on facts.
Certiorari — Issue of writ on application of Attorney-General — Rule to quash — Erroneous exercise of jurisdiction — Practice — Title of affidavits — Amendment — Reg. Gen., cap. X., r. 26 — Informal return to writ — Rating appeal — Assessment.
Master and apprentice — Breach of covenant to remain in service — Breach of covenant to teach — Dependent covenants.
Master and apprentice — Breach of covenant to teach — Pleading at law — Misjoinder — Evidence — Contradiction of plaintiff's evidence on material question.
Counsel — Authority to compromise — Injury to plaintiff's land by works on land of third parties — Future damages.
"Transfer of Land Statute" (No. 301), sec. 144 — Error or misdescription in application to be registered — Sheriff's sale — Purchase by execution creditor.
New trial — Verdict against evidence — Judge satisfied with verdict — Fire insurance — Condition that false statement or declaration vitiates policy.
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 7, 12 — Domicile — Personal property.
Covenant — Construction — Joint or several — Interest of the parties — Extrinsic evidence.
Nuisance — Liability of occupier.
Negligence — Measure of damages — Interference by the Court to increase amount.
"The Statute of Wrongs 1865" (No. 251), Part II. — Negligence — Contributory negligence — Direction to jury — Excessive damages.
Negligence — "Lunacy Statute" (No. 309), sec. 11 — Giving certificate of insanity without due examination.
"Mining Statute 1865" (No. 291), secs. 5, 101, 177, 195 — Jurisdiction of warden — Mining tenement — Buildings and fixtures.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Fence removed without consent of owner of land.
"Married Women's Property Act" (No. 384), sec. 18 — Husband and wife — Action by wife alone for injuries.
"The Police Offences Statute 1865" (No. 265), sec. 26 — Imprisonment with hard labour in default of payment of penalty — Habeas corpus — Subsequent direction by justices to gaoler not to impose hard labour.
Attorney and client — Taxation — Costs.
Landlord and tenant — Tenancy for a year at a weekly rent — Acceptance of weekly rent at increased rate subsequently — Practice at law — Appeal from justices — Right to begin.
Promissory note — Illegality — Security for void agreement — "The Land Act 1869" (No. 360), sec. 21.
Negligence — Liability of public body for improper construction of works occasioning injury to the plaintiff.
New trial — Verdict inconsistent with special findings.
Money had and received — Money deposited in trust to pay a dividend — Revocation of dividend before payment — Right of company to recover money.
Evidence — Official signature.
Justices of the peace — Service of summons — Reasonable time — Act No. 319, sec. 2 — Defendant present at hearing, on other business — Practice at Law — Quashing — Act No. 571, sec. 4 — Application in Term time.
Attorney and client — Bill of costs — Taxation — Break in suit.
"County Court Statute 1869" (No. 345), secs. 71, 78 — Non-service of plaintiff — Setting aside judgment — Estoppel.
Negligence — Trespass — Steam roller — Pleading at law — "Not Guilty' — Amendment — New trial.
Marine insurance — Constructive total loss — Abandonment — Valued policy — Authority of master to abandon — Right of underwriters to repair.
Trespass — Parcel or no parcel — Boundary — "Margin" of the sea — Question for jury.