Unlimited digital access from $45/mo. Print subscriptions with bound volumes available.Shop Now

Browse

View Victorian Reports and Victorian Law Reports by volume number

7 VLR (L)(101 results)

Cases reported in this volume of the Victorian Reports

RYAN v. NAGLE7 VLR (L) 1

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention — Fence removed without consent of owner of land.

JONES v. MILNE7 VLR (L) 3

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Friendly Societies Act 1877" (No. 590), sec. 15 (viii.)Secretary — Illegal detention of books.

LITTON v. THORNTON7 VLR (L) 4

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·24 Mar 1881·Supreme Court of Victoria, at Law

NegligenceMaster and servant — Defective machine — Contributory negligence — Obvious defect — Evidence to impeach credit of previous witness.

REGINA v. AH POO7 VLR (L) 8

PER CURIAM.·24 Mar 1881·Supreme Court of Victoria, at Law

Larceny as a baileeConversion of a bank note entrusted to prisoner to procure change.

PEARSON v. SLINGO7 VLR (L) 9

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·25 Mar 1881·Supreme Court of Victoria, at Law

LibelPrivilege — Excess — Conclusiveness of verdict — New trial.

REGINA v. MONTFORT7 VLR (L) 12

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·28 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 30Sunday trading — Conviction — Negativing exemptions.

RYAN v. NAGLE7 VLR (L) 15

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention — Fence removed without consent of owner of land.

TROTMAN v. SHANKLAND7 VLR (L) 16

STAWELL, C.J., and STEPHEN, J.·1 Apr 1881·Supreme Court of Victoria, at Law

Malicious prosecutionDestruction of dividing fence — "Criminal Law and Practice Statute 1864" (No. 233), secs. 178, 206 — Act No. 399, sec. 23 — Malice.

CURRAN v. KAVANAGH7 VLR (L) 21

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·1 Apr 1881·Supreme Court of Victoria, at Law

Donatio mortis causGift inter vivos — Deposit in Post-Office Savings Bank.

EX PARTE SLACK7 VLR (L) 28

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·1 Apr 1881·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 560), sec. 38Objection to grant of license — House belonging to several owners.

HOBART v. THE VICTORIAN WOOLLEN AND CLOTH MANUFACTURING CO., LTD.7 VLR (L) 30

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·1 Apr 1881·Supreme Court of Victoria, at Law

ContractImplied mutuality — Pleading at law — General averment of performance of conditions precedent, with negative clause — Exceptions not negatived in breach.

REGINA v. ECCLES7 VLR (L) 36

STAWELL, C.J., STEPHEN, and HIGINBOTHAM JJ.·4 Apr 1881·Supreme Court of Victoria, at Law

EvidenceConspiracy — Admission — Statement by co-conspirator.

REGINA v. MAIRS7 VLR (L) 43

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·5 Apr 1881·Supreme Court of Victoria, at Law

PracticeEmergency clause — Rule nisi — Reference to Court — Moulding application into one under Act No. 571 — Fresh affidavits.

THE LOCAL BOARD OF HEALTH FOR FITZROY v. HOWELL7 VLR (L) 47

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·6 Apr 1881·Supreme Court of Victoria, at Law

"Health Amendment Act" (No. 310), secs. 47, 62Penalty for not obeying order to pave, &c.

REGINA v. HARTNEY7 VLR (L) 52

PER CURIAM.·8 Apr 1881·Supreme Court of Victoria, at Law

"Medical Practitioners Statute 1865" (No. 262), sec. 11Unauthorised use of title of doctor of medicine — Conviction not stating to whom costs to be paid.

PAYNE v. THE QUEEN7 VLR (L) 55

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·8 Apr 1881·Supreme Court of Victoria, at Law

Civil ServiceAct No. 160, sec. 44 — Superannuation allowance — Service not continuous.

THE UNIVERSAL PERMANENT BUILDING SOCIETY v. KILPATRICK7 VLR (L) 58

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·8 Apr 1881·Supreme Court of Victoria, at Law

Vendor and purchaserContract to give acceptances — Tender of bills for acceptance.

WALL v. THE PRESIDENT, &c., OF THE SHIRE OF ARARAT7 VLR (L) 61

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·9 Apr 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Closed road — Taking down fence — Reasonable mode — Burning — Recovery of expenses.

THE PRESIDENT, &c., OF THE SHIRE OF GISBORNE v. MURPHY7 VLR (L) 63

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 Apr 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), secs. 169, 173Municipal corporation — Contract — Formality of meeting authorising it.

REGINA v. COLLINS7 VLR (L) 74

STAWELL, C.J., and HIGINBOTHAM, J.·13 Apr 1881·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 30, 31Maintenance — Wife living apart from husband, by mutual consent — Desertion — Offer to take wife back.

HOWAT v. HERRICK7 VLR (L) 79

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 Apr 1881·Supreme Court of Victoria, at Law

"The Land Act 1869" (No. 360), sec. 21Security — Agreement to transfer lease — Statute of Frauds — Course of post.

REGINA v. COWIE7 VLR (L) 88

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 Apr 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 213Regulations prohibiting keeping of swine — Exclusion of whole municipal district — Ultra vires.

REGINA v. THE JUSTICES OF THE CENTRAL BAILIWICK7 VLR (L) 90

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 Apr 1881·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 40Order for maintenance — General Sessions — Appeal by implication — Mandamus.

MITCHELL v. BAMFORD7 VLR (L) 96

STAWELL C.J., STEPHEN, and HIGINBOTHAM, JJ.·14 Apr 1881·Supreme Court of Victoria, at Law

Malicious prosecutionCharge of assault — Reasonable and probable cause — Belief as to assault — Misdirection.

PALMER v. WILSON7 VLR (L) 101

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·14 Apr 1881·Supreme Court of Victoria, at Law

PracticeIrregularity — Notice of trial before issue joined.

HETTENBACH v. ISLEY7 VLR (L) 104

STAWELL, C.J., and HIGINBOTHAM, J.·14 Apr 1881·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), secs. 54, 88, 93Sale of liquor without license — Husband and wife — Practice — Appeal from justices — Objection not stated in case.

DAVIES v. BREADING7 VLR (L) 107

STAWELL, C.J., and STEPHEN, J.·14 Apr 1881·Supreme Court of Victoria, at Law

InsolvencyFraudulent 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.

REGINA v. CALL7 VLR (L) 113

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·14 Apr 1881·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 63Backing a warrant issued in another colony — Ultra vices — Mandamus.

PEARCE v. THOMAS7 VLR (L) 125

PER CURIAM.·2 May 1881·Supreme Court of Victoria, at Law

CostsTrespass — 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.

DE SAXE v. SCHLESINGER7 VLR (L) 127

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·22 June 1881·Supreme Court of Victoria, at Law

"The Statute of Evidence 1864" (No. 197), sec. 4Commission to examine witnesses abroad — Discretion of Judge to refuse.

IN RE DUFFY7 VLR (L) 133

Application granted.·22 June 1881·Supreme Court of Victoria, at Law

Reg.-Gen., 3rd December, 1872, rr. 6-7Student-at-law — Omission to sign roll-book.

REGINA v. BULL7 VLR (L) 134

PER CURIAM Stawell, C.J., and Higinbotham, J. .·23 June 1881·Supreme Court of Victoria, at Law

LarcenyPossession obtained by fraud.

RYAN v. NAGLE7 VLR (L) 136

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention — Fence removed without consent of owner of land.

REGINA v. WALKER7 VLR (L) 137

PER CURIAM Stawell, C.J., and Higinbotham, J. .·23 June 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 398Conviction — Two offences — Superfluous words.

REGINA v. TAYLOR7 VLR (L) 139

PER CURIAM.·23 June 1881·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), secs. 35, 36, 38Licensing meetings.

SHIRE OF PORTLAND v. KENNEDY7 VLR (L) 140

PER CURIAM.·23 June 1881·Supreme Court of Victoria, at Law

MisdirectionOmission to tell jury no evidence of value of life interest.

POWELL v. DAWSON7 VLR (L) 143

PER CURIAM.·24 June 1881·Supreme Court of Victoria, at Law

"The Lien on Crops Act 1878" (No. 618), sec. 4.

IN RE HARDY7 VLR (L) 145

STAWELL, C.J., and HIGINBOTHAM, J.·25 June 1881·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 440, sched. 39Costs — Taxation.

PATTEN v. RUDALL7 VLR (L) 148

PER CURIAM.·25 June 1881·Supreme Court of Victoria, at Law

Medical practitionerRetainer — Ratification.

WILLIAMSON v. M’RAVEY7 VLR (L) 150

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·28 June 1881·Supreme Court of Victoria, at Law

Interpleader summonsConsent order — Mistake of attorney's town agent — Amendment.

THE ENGLISH, SCOTTISH, AND AUSTRALIAN CHARTERED BANK v. ADCOCK7 VLR (L) 157

STAWELL, C.J.·18 July 1881·Supreme Court of Victoria, at Law

AgencyPhilanthropic society — Liability of members of committee for overdraft on banker — Authority unrevoked.

JAMIESON v. ROBB7 VLR (L) 170

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·6 July 1881·Supreme Court of Victoria, at Law

Foreign judgmentNo notice of proceedings — Contract.

GRIFFITHS v. THE VICTORIAN PERMANENT BUILDING SOCIETY7 VLR (L) 177

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·6 July 1881·Supreme Court of Victoria, at Law

InterrogatoriesStay of proceedings — Absence of co-plaintiff from country — Address unknown.

EVERINGHAM v. WADDELL7 VLR (L) 180

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 July 1881·Supreme Court of Victoria, at Law

"The Instruments and Securities Statute 1864" (No. 204), sec. 55Principal and surety — Assignment of securities — Promissory note.

DAVY v. SCHURMANN7 VLR (L) 188

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 July 1881·Supreme Court of Victoria, at Law

Assignment for benefit of creditors voidable not void.

REGINA v. HAMILTON7 VLR (L) 194

STAWELL, C.J.·13 July 1881·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), secs. 3, 18New Publican's License — Certiorari — Certificate for publican's license.

THE PRESIDENT &c. OF THE SHIRE OF BENALLA v. TURNER7 VLR (L) 200

PER CURIAM.·25 June 1881·Supreme Court of Victoria, at Law

ContractorTransfer — Deposit.

RYAN v. NAGLE7 VLR (L) 202

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention — Fence removed without consent of owner of land.

CRESPIN v. PUNCHEON7 VLR (L) 203

STAWELL, C.J. STEPHEN, and HIGINBOTHAM, JJ.·2 July 1881·Supreme Court of Victoria, at Law

Sale by auctionConditions of sale — "Packages full or empty, contents not known or guaranteed."

HARDY v. THE PHNIX FOUNDRY CO.7 VLR (L) 211

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·2 July 1881·Supreme Court of Victoria, at Law

Public companyDirector — Contract — Commission.

THE QUEEN v. WILLIAMSON7 VLR (L) 218

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·2 July 1881·Supreme Court of Victoria, at Law

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 7 (ii.), 8Purchase 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.

MACDOUGALL v. BANK OF VICTORIA7 VLR (L) 230

STAWELL, C.J., and STEPHEN, J.·2 July 1881·Supreme Court of Victoria, at Law

"The Mining Companies Act 1871" (No. 409), ss. 89, 187Banker and customer — Dishonour of cheque — Jus tertii.

REGINA v. ARMSTRONG7 VLR (L) 234

STAWELL, C.J., and HIGINBOTHAM, J.·8 July 1881·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 36, subsec. 3Interpretation — "Justices of the Peace Statute Amending Act" (No. 571), sec. 4.

REGINA v. ALLEY7 VLR (L) 238

PER CURIAM.·8 July 1881·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), secs. 3, 48Jurisdiction of licensing magistrate.

M’LEAN v. BOARD OF LAND AND WORKS7 VLR (L) 239

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 July 1881·Supreme Court of Victoria, at Law

"The Statute of Wrongs 1865" (No. 251), secs. 12, 15Negligence — Compensation for death — Excessive damages — New trial.

IN RE VICTORIA STEAM NAVIGATION BOARD7 VLR (L) 248

STAWELL, C.J., HIGINBOTHAM, and STEPHEN, JJ.·22 June 1881·Supreme Court of Victoria, at Law

"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.

IN RE HARDY7 VLR (L) 266

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·13 July 1881·Supreme Court of Victoria, at Law

Attorneys' bills of costs"Common Law Procedure Statute 1865" (No. 274), secs. 388, 396 — Separate suit.

WILSON v. THE RISING STAR Q.M. CO. (LIMITED)7 VLR (L) 274

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·18 July 1881·Supreme Court of Victoria, at Law

AgreementAuriferous sand — Construction — Measure of damages.

SCOTT v. THE MAYOR, &c., OF COLLINGWOOD7 VLR (L) 280

STAWELL, C.J., STEPHEN, and HIGINBOTHAM, JJ.·18 July 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), secs. 380, 439Corporation — Highway — Unfenced drain — Negligence — Nuisance.

BLACK v. PERMEWAN, WRIGHT & CO. LIMITED7 VLR (L) 292

HIGINBOTHAM, and WILLIAMS, JJ.·1 Sept 1881·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 120Appeal — Question of fact.

REGINA v. FOSTER7 VLR (L) 294

PER CURIAM HIGINBOTHAM and WILLIAMS, J.J. .·1 Sept 1881·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 399Obstruction of public road — Question of title — Jurisdiction of justice — Practice — Erasure in jurat of affidavit.

HORNE v. MILNE7 VLR (L) 296

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·2 Sept 1881·Supreme Court of Victoria, at Law

LibelPrivilege — 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.

REGINA v. PANTON7 VLR (L) 301

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·2 Sept 1881·Supreme Court of Victoria, at Law

"Justices of the Peace Act" (No. 571), sec. 2Rule to prohibit — Wrong inference from facts.

REGINA v. PANTON7 VLR (L) 303

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·3 Sept 1881·Supreme Court of Victoria, at Law

"Justices of the Peace Act" (No. 571), sec. 2Prohibition — Concurrent remedy — Certiorari — Jurisdiction — Act No. 565, sec. 13 — Court more easy of access — Materials to support application.

ADAMSON v. MORTON7 VLR (L) 307

HIGINBOTHAM, and WILLIAMS, JJ.·5 Sept 1881·Supreme Court of Victoria, at Law

Principal and agentBreach of warranty of authority — Burden of proof as to plaintiff's knowledge.

REGINA v. JACKSON7 VLR (L) 313

PER CURIAM.·6 Sept 1881·Supreme Court of Victoria, at Law

Criminal chargeVenue — Application to change — Inflammatory comments in press of the district to prejudice of prisoner.

IN RE THE "TRANSFER OF LAND STATUTE"7 VLR (L) 314

STAWELL, C.J., and WILLIAMS, J.·7 Sept 1881·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 135Summons to Registrar of Titles — Absence of probable ground for refusal to register land — Costs.

BRUNDELL v. WANE7 VLR (L) 319

HIGINBOTHAM, and WILLIAMS, JJ.·8 Sept 1881·Supreme Court of Victoria, at Law

AppealCounty Court — Question of fact — Negligent driving. — Evidence. — Statement of servant.

IN RE HARDY7 VLR (L) 324

PER CURIAM.·8 Sept 1881·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 398Attorney and client — Taxation of costs — Order to enter up judgment on allocatur — Balance due by attorney — Proportional payment to some of several clients.

REGINA v. MACKENZIE7 VLR (L) 328

PER CURIAM.·14 Sept 1881·Supreme Court of Victoria, at Law

Justices of the peaceApplication to quash order — Act No. 571, sec. 4 — Defective materials — Adjournment of application beyond the month.

CHALLACOMBE v. WIGGINS7 VLR (L) 330

PER CURIAM.·15 Sept 1881·Supreme Court of Victoria, at Law

PracticeLimits of comment on course pursued by the opposite side during trial — Inviting jury to assume facts not proved — New trial.

REGINA v. GROVER7 VLR (L) 334

PER CURIAM.·16 Sept 1881·Supreme Court of Victoria, at Law

Justices of the peaceRule to prohibit — Act No. 571, sec. 2 — Review of decision on facts.

REGINA v. COPE7 VLR (L) 337

STAWELL, C.J., and HIGINBOTHAM, J.·16 Sept 1881·Supreme Court of Victoria, at Law

CertiorariIssue 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.

FLETCHER v. BUZOLICH7 VLR (L) 348

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·24 Sept 1881·Supreme Court of Victoria, at Law

Master and apprenticeBreach of covenant to remain in service — Breach of covenant to teach — Dependent covenants.

BUZOLICH v. FLETCHER7 VLR (L) 356

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·24 Sept 1881·Supreme Court of Victoria, at Law

Master and apprenticeBreach of covenant to teach — Pleading at law — Misjoinder — Evidence — Contradiction of plaintiff's evidence on material question.

MANSON v. THE PRESIDENT, &c., OF SHIRE OF MAFFRA7 VLR (L) 364

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·24 Sept 1881·Supreme Court of Victoria, at Law

CounselAuthority to compromise — Injury to plaintiff's land by works on land of third parties — Future damages.

HASSETT v. THE COLONIAL BANK OF AUSTRALASIA7 VLR (L) 380

STAWELL, C.J., and HIGINBOTHAM, J.·28 Sept 1881·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 144Error or misdescription in application to be registered — Sheriff's sale — Purchase by execution creditor.

MEAGHER v. THE LONDON AND LANCASHIRE FIRE INSURANCE CO.7 VLR (L) 390

STAWELL, C.J., and HIGINBOTHAM, J.·28 Sept 1881·Supreme Court of Victoria, at Law

New trialVerdict against evidence — Judge satisfied with verdict — Fire insurance — Condition that false statement or declaration vitiates policy.

THE QUEEN v. BLACKWOOD7 VLR (L) 400

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·28 Sept 1881·Supreme Court of Victoria, at Law

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 7, 12Domicile — Personal property.

HENDERSON v. WOODBURN7 VLR (L) 413

STAWELL, C.J., HIGINBOTHAM, and HOLROYD, JJ.·30 Sept 1881·Supreme Court of Victoria, at Law

CovenantConstruction — Joint or several — Interest of the parties — Extrinsic evidence.

BRAINE v. SUMMERS7 VLR (L) 420

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. STAWELL, C.J., was engaged on this, and some following days, at Nisi Prius. .·21 Nov 1881·Supreme Court of Victoria, at Law

NuisanceLiability of occupier.

ARCHIBALD v. PRUDEN7 VLR (L) 422

HIGINBOTHAM, WILLIAMS and HOLROYD, JJ.·25 Nov 1881·Supreme Court of Victoria, at Law

NegligenceMeasure of damages — Interference by the Court to increase amount.

SMITH v. THE MAYOR &c. OF HILL7 VLR (L) 431

PER CURIAM HIGINBOTHAM, WILLIAMS, and HOLROYD, JJ. .·25 Nov 1881·Supreme Court of Victoria, at Law

"The Statute of Wrongs 1865" (No. 251), Part II.Negligence — Contributory negligence — Direction to jury — Excessive damages.

SMITH v. IFFLA7 VLR (L) 435

HIGINBOTHAM, WILLIAMS and HOLROYD, JJ.·26 Nov 1881·Supreme Court of Victoria, at Law

Negligence"Lunacy Statute" (No. 309), sec. 11 — Giving certificate of insanity without due examination.

SUMMERS v. COOPER7 VLR (L) 443

PER CURIAM STAWELL, C.J., WILLIAMS, and HOLROYD, JJ. .·28 Nov 1881·Supreme Court of Victoria, at Law

"Mining Statute 1865" (No. 291), secs. 5, 101, 177, 195Jurisdiction of warden — Mining tenement — Buildings and fixtures.

RYAN v. NAGLE7 VLR (L) 447

PER CURIAM.·21 Mar 1881·Supreme Court of Victoria, at Law

"Police Offences Statute 1865" (No. 265), sec. 32Illegal detention — Fence removed without consent of owner of land.

SPENCER v. THE BOARD OF LAND AND WORKS7 VLR (L) 448

PER CURIAM STAWELL, C.J.; WILLIAMS and HOLROYD, JJ. .·28 Nov 1881·Supreme Court of Victoria, at Law

"Married Women's Property Act" (No. 384), sec. 18Husband and wife — Action by wife alone for injuries.

IN RE ROGERS7 VLR (L) 449

PER CURIAM STAWELL, C.J.; WILLIAMS and HOLROYD, JJ. .·29 Nov 1881·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 26Imprisonment with hard labour in default of payment of penalty — Habeas corpus — Subsequent direction by justices to gaoler not to impose hard labour.

IN RE HARDY7 VLR (L) 450

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·1 Dec 1881·Supreme Court of Victoria, at Law

Attorney and clientTaxation — Costs.

BANK OF VICTORIA v. M’HUTCHISON7 VLR (L) 452

STAWELL, C.J., WILLIAMS, and HOLROYD, JJ.·1 Dec 1881·Supreme Court of Victoria, at Law

Landlord and tenantTenancy for a year at a weekly rent — Acceptance of weekly rent at increased rate subsequently — Practice at law — Appeal from justices — Right to begin.

PLANT v. JOHNSTON7 VLR (L) 457

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·1 Dec 1881·Supreme Court of Victoria, at Law

Promissory noteIllegality — Security for void agreement — "The Land Act 1869" (No. 360), sec. 21.

THE VICTORIAN WOOLLEN AND CLOTH MANUFACTURING CO. (LIMITED) v. BOARD OF LAND AND WORKS7 VLR (L) 461

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·2 Dec 1881·Supreme Court of Victoria, at Law

NegligenceLiability of public body for improper construction of works occasioning injury to the plaintiff.

OGDEN v. THE BOARD OF LAND AND WORKS7 VLR (L) 469

PER CURIAM.·5 Dec 1881·Supreme Court of Victoria, at Law

New trialVerdict inconsistent with special findings.

THE UNITED HAND AND BAND CO. (NO LIABILITY) v. M’IVER7 VLR (L) 471

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·5 Dec 1881·Supreme Court of Victoria, at Law

Money had and receivedMoney deposited in trust to pay a dividend — Revocation of dividend before payment — Right of company to recover money.

KOZMINSKY v. SCHURMANN7 VLR (L) 474

PER CURIAM STAWELL, C. J., HIGINBOTHAM and WILLIAMS, JJ. .·6 Dec 1881·Supreme Court of Victoria, at Law

EvidenceOfficial signature.

REGINA v. CANTWELL7 VLR (L) 475

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·14 Dec 1881·Supreme Court of Victoria, at Law

Justices of the peaceService 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.

IN RE HARDY7 VLR (L) 476

STAWELL, C.J., and HOLROYD, J.·14 Dec 1881·Supreme Court of Victoria, at Law

Attorney and clientBill of costs — Taxation — Break in suit.

BRUCE v. HART7 VLR (L) 482

HIGINBOTHAM, and WILLIAMS, JJ.·24 Dec 1881·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), secs. 71, 78Non-service of plaintiff — Setting aside judgment — Estoppel.

TOBIN v. THE MAYOR, &c., OF MELBOURNE7 VLR (L) 488

STAWELL, C.J., HIGINBOTHAM, and WILLIAMS, JJ.·24 Dec 1881·Supreme Court of Victoria, at Law

NegligenceTrespass — Steam roller — Pleading at law — "Not Guilty' — Amendment — New trial.

CORR v. THE STANDARD FIRE AND MARINE INSURANCE CO. OF NEW ZEALAND7 VLR (L) 504

HOLROYD, J.·24 Dec 1881·Supreme Court of Victoria, at Law

Marine insuranceConstructive total loss — Abandonment — Valued policy — Authority of master to abandon — Right of underwriters to repair.

KENNEDY v. THE PRESIDENT, &c., OF SHIRE OF PORTLAND7 VLR (L) 541

STAWELL, C.J., HIGINBOTHAM, and HOLROYD, JJ.·24 Dec 1881·Supreme Court of Victoria, at Law

TrespassParcel or no parcel — Boundary — "Margin" of the sea — Question for jury.