Browse

View Victorian Reports and Victorian Law Reports by volume number

3 VLR (L)(114 results)

Reports in this volume of the Victorian Reports

EX PARTE LAWLOR3 VLR (L) 1

Mr. Justice Stephen was prevented by illness from sitti during this Term.·21 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.

REGINA v. STRUTT3 VLR (L) 2

PER CURIAM.·21 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291) — Secs. 166, 194 — Mandamus — Costs.

REGINA v. BINDON3 VLR (L) 3

Mr. Justice Stephen was prevented by illness from sitti during this Term.·21 Mar 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Marriage and Matrimonial Causes Statute 1864" (No. 268) — Secs. 30, 31 — Bastard — Maintenance — Costs — Complainant not the mother.

WOOLCOTT v. THE MAYOR, &c., OF ST. KILDA3 VLR (L) 5

Mr. Justice Stephen was prevented by illness from sitti during this Term. [M] STAWELL, C.J.·21 Mar 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Local Government Act 1874" (No. 506) — Secs. 19, 20, 285 — Severance from one municipal district, and annexation to another — Liability for current rates.

IN RE ROWLEY3 VLR (L) 8

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Insolvency Statute 1871" (No. 379), secs. 137, 138 — Fraudulent and culpable negligence — Imprisonment — Practice — Habeas corpus — Return.

REGINA v. KITTS3 VLR (L) 10

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Criminal Law and Practice Statute 1864" (No. 233) — Sec. 227 — Forging and uttering receipt.

REGINA v. JAMES3 VLR (L) 11

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Uttering forged cheque — Guilty knowledge — Evidence of uttering another forged document.

COLONIAL BANK OF AUSTRALASIA v. MITCHELL3 VLR (L) 12

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Pledge — Sub-pledge — Tender to sub-pledgee.

GIBSON v. CHALK3 VLR (L) 15

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Regulation of Mines Statute 1873" (No. 480) — Sec. 5, subsec. viii. — Liability of registered manager.

BLAMIRES v. DUNNING3 VLR (L) 18

Mr. Justice Stephen was prevented by illness from sitti during this Term.·22 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Bill of sale — Interlineation in affidavit not initialed.

RUTHERFORD v. HAYWARD3 VLR (L) 19

PER CURIAM.·22 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Land Act 1869" (No. 360) — Secs. 20, 30 — Insufficient fence — Right of licensee to sue for trespass.

JENSEN v. HAGAN3 VLR (L) 21

Mr. Justice Stephen was prevented by illness from sitti during this Term.·23 Mar 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"County Courts Statute 1869" (No. 345) — Secs. 47, 120 — Appealable amount — Appeal on finding of fact.

REGINA v. TEMPLETON3 VLR (L) 24

Mr. Justice Stephen was prevented by illness from sitti during this Term.·23 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"The Licensing Act 1876" (No. 566) — Sec. 48 — Transfer of license — Approval of licensing magistrate — Informal affidavit of magistrate.

REGINA v. MOLLISON3 VLR (L) 25

Mr. Justice Stephen was prevented by illness from sitti during this Term.·23 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Wines, &c., Sale Statute Amendment Act" (No. 390) — Sec. 12 — Petition in favour of grant of publican's license.

IN THE ESTATE OF BOWMAN3 VLR (L) 27

Mr. Justice Stephen was prevented by illness from sitti during this Term.·23 Mar 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Insolvency — 7 Vic. No. 19, sec. 12 — Appointment of official assignee — Power to rescind.

LANGTON v. SYME3 VLR (L) 30

Mr. Justice Stephen was prevented by illness from sitti during this Term.·26 Mar 1877·Supreme Court of Victoria, at Law6p·Vol 3 VLR (L) Pt 1

Libel — Two counts on same publication — Separate damages.

EX PARTE GUNN3 VLR (L) 36

Mr. Justice Stephen was prevented by illness from sitti during this Term.·28 Mar 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Transfer of Land Statute" (No. 301), sec. 24 — Power of Court to restrain registration, where caveat cannot be followed by action or suit.

LOCKE v. COLLINS3 VLR (L) 40

Mr. Justice Stephen was prevented by illness from sitti during this Term.·4 Apr 1877·Supreme Court of Victoria, at Law8p·Vol 3 VLR (L) Pt 1

Contract — Restraint of trade — Covenant to refer.

REGINA v. DESMOND3 VLR (L) 48

Mr. Justice Stephen was prevented by illness from sitti during this Term.·5 Apr 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Criminal Law and Practice Statute 1864" (No. 233) — Sections 298, 389 — Cumulative sentence.

GREEN v. GODFREY3 VLR (L) 50

Mr. Justice Stephen was prevented by illness from sitti during this Term.·9 Apr 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"County Courts Statute 1869" (No. 345) — Sec. 120 — Appeal — Re-hearing — Costs of first trial.

WILLIAMSON v. LANGLEY3 VLR (L) 52

Mr. Justice Stephen was prevented by illness from sitti during this Term.·10 Apr 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Evidence — Books of account — Entries of deceased for, as well as against, interest.

THOMPSON v. ROWE3 VLR (L) 55

Mr. Justice Stephen was prevented by illness from sitti during this Term.·10 Apr 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"County Courts Statute 1869" (No. 345), ss. 38, 120 — Appeal — Security.

RANDALL v. SMITH3 VLR (L) 56

Mr. Justice Stephen was prevented by illness from sitti during this Term.·10 Apr 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"County Courts Statute 1869" (No. 345), sec. 41 — Appeal — Rehearing in Supreme Court — Scale of costs.

M’CARTHY v. CUNNINGHAM3 VLR (L) 59

Mr. Justice Stephen was prevented by illness from sitti during this Term.·16 Apr 1877·Supreme Court of Victoria, at Law6p·Vol 3 VLR (L) Pt 1

Landlord and tenant — Easement appurtenant — Obstruction by tenant — Action by reversioner — Merger.

URQUHART v. M’PHERSON3 VLR (L) 65

Mr. Justice Stephen was prevented by illness from sitti during this Term.·16 Apr 1877·Supreme Court of Victoria, at Law12p·Vol 3 VLR (L) Pt 1

Release — Fraud — Statute of Limitations — Equitable replication of ignorance of fraud.

NOYES v. GLASSFORD3 VLR (L) 77

Mr. Justice Stephen was prevented by illness from sitti during this Term.·30 Apr 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"Married Women's Property Act" (No. 384) — Secs. 10, 11, 18 — Restraint on anticipation.

GRAY v. PEARSON3 VLR (L) 81

Mr. Justice Stephen was prevented by illness from sitti during this Term.·29 Mar 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Statute of Frauds — Oral contract to pay the debt of another.

VALLENCE v. CONDON3 VLR (L) 83

Mr. Justice Stephen was prevented by illness from sitti during this Term.·5 Apr 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Ejectment — Defendant's possession not proved.

REGINA v. CAMERON3 VLR (L) 85

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Perjury — Corroborative evidence.

REGINA v. DOWNEY3 VLR (L) 87

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Juries Statute 1865" (No. 272), sec. 17 — Criminal inquest — Special jury — Ex parte order.

REGINA v. COGDON3 VLR (L) 88

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"The Mining Companies Act 1871" (No. 409), secs. 65, 74, 96-99 — Winding up — Liquidator — Meeting of creditors — Contributory — Notice to pay contribution — Distress warrant — Mandamus.

MUELLER v. WHITE3 VLR (L) 92

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Growing crops — Absolute conveyance — Sale — Purchaser without notice.

LEYDEN v. CORAM3 VLR (L) 94

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Trespass — Vicious horse — Omission to fence.

HEFTER v. MARTIN3 VLR (L) 96

Coram, STAWELL, C.J., and FELLOWS, J.·21 Jun 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Landlord and tenant — Sublease — Continuing tenancy.

WEIGALL v. GASTON3 VLR (L) 98

Coram, STAWELL, C.J., and FELLOWS, J.·22 Jun 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Common Law Procedure Statute 1865" (No. 274), sec. 407 — "Real Property Statute 1864" (No. 213), sec. 47 — "County Court Statute 1869" (No. 345), sec. 58 — County Court Rules, Order III., R. 53 — Mortgage — Covenant to pay interest — Statutes of Limitations — County Court practice — Notice of defence.

CHARLTON v. BARKLY REEF G.M. CO.3 VLR (L) 101

Coram, STAWELL, C.J., and FELLOWS, J.·22 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Mining company — General meeting — Notice.

PATTINSON v. O’MARA3 VLR (L) 103

Coram, STAWELL, C.J., and FELLOWS, J.·22 Jun 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Mortgage — Sale under power — Action for deficit.

M’LEAN v. NICHLEN3 VLR (L) 107

Coram, STAWELL, C.J., and FELLOWS, J.·22 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Bill of exchange — Period of payment blank.

LANGHORNE v. BENNETT3 VLR (L) 108

Coram, STAWELL, C.J., and FELLOWS, J.·22 Jun 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Master and servant — Misconduct — Dismissal.

EX PARTE LAWLOR3 VLR (L) 110

Mr. Justice Stephen was prevented by illness from sitti during this Term.·21 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.

REGINA v. AKEHURST3 VLR (L) 111

Coram, STAWELL, C.J., and FELLOWS, J.·26 Jun 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"The Licensing Act 1876" (No. 566), secs. 18, 48 — Licensed Publican — Landlord and tenant — Eviction — Surrender — Special certificate — Discretion of magistrate.

EX PARTE HOPKINS3 VLR (L) 115

Coram, STAWELL, C.J., and FELLOWS, J.·27 Jun 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Attorney — Parliamentary agent — Bill of costs — Taxation — "Common Law Procedure Statute 1865" (No. 274), sec. 387.

LANGLEY v. HEPBURN3 VLR (L) 119

Coram, STAWELL, C.J., and FELLOWS, J.·28 Jun 1877·Supreme Court of Victoria, at Law7p·Vol 3 VLR (L) Pt 1

Attorney — Lien for costs — Settlement between the parties.

EX PARTE LAWLOR3 VLR (L) 125

Mr. Justice Stephen was prevented by illness from sitti during this Term.·21 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.

REGINA v. WYATT3 VLR (L) 126

Coram, STAWELL, C.J., and FELLOWS, J.·28 Jun 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"The Justices of the Peace Statute 1865" (No. 267), secs. 151, 152 — Refusal to state case — Application not frivolous — Recognisance — "The Pounds Act 1874" (No. 478), sec. 15 — "Owner" — Unpaid vendor in possession.

LORENZ v. HEFFERNAN3 VLR (L) 129

Coram, STAWELL, C.J., and FELLOWS, J.·30 Jun 1877·Supreme Court of Victoria, at Law6p·Vol 3 VLR (L) Pt 1

"Land Act 1869" (No. 360), sec. 21 — Contract to take crop as payment for labour — Statute of Frauds, sec. 4 — "The Instruments and Securities Statute, 1864" (No. 204), sec. 107 — Interest in land.

ROWE v. THOMPSON3 VLR (L) 135

Coram, STAWELL, C.J., and FELLOWS, J.·30 Jun 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"County Court Statute 1869" (No. 345), sec. 38 — Costs taxed after trial — Prohibition.

SYNNOT v. ETTERSHANK3 VLR (L) 136

Coram, STAWELL, C.J., and FELLOWS, J.·2 Jul 1877·Supreme Court of Victoria, at Law9p·Vol 3 VLR (L) Pt 1

"Instruments and Securities Statute 1864 Amending Act" (No. 313), secs. 8, 10 — Stock mortgage — Failure of consideration — Revesting of property — Sheep not at place described.

GEORGESON v. GEACH3 VLR (L) 144

Appeal dismissed.·5 Jul 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Statute of Frauds, sec.4 — "Instruments and Securities Statute, 1874" (No. 204), sec. 107 — Interest in land — Landlord and tenant.

BERNSTEIN v. BLASHKI3 VLR (L) 145

Coram, STAWELL, C.J., and FELLOWS, J.·5 Jul 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

County Court — Damages on several matters — Appeal — Rehearing — Limit of jurisdiction.

FARAM v. KERR3 VLR (L) 146

Coram, STAWELL, C.J., and FELLOWS, J.·5 Jul 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Contract — Warranty — Sale note.

OSBORNE v. SYNNOT3 VLR (L) 148

Coram, STAWELL, C.J., and FELLOWS, J.·6 Jul 1877·Supreme Court of Victoria, at Law8p·Vol 3 VLR (L) Pt 1

Factor — Lien — Countermand of authority — Sale — Measure of damages.

WELSH v. HACKETT3 VLR (L) 155

Coram, STAWELL, C.J., and FELLOWS, J.·6 Jul 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Ejectment — Verdict against defendant not appearing — Evidence — Answers to interrogatories — New trial.

URQUHART v. MACPHERSON3 VLR (L) 159

Coram, STAWELL, C.J., and FELLOWS, J.·6 Jul 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Costs — Evidence on commission — "Statute of Evidence 1864" (No. 197), sec. 8 — Practice — Counsel.

EX PARTE DYKES3 VLR (L) 162

Coram, STAWELL, C.J., and FELLOWS, J.·16 Apr 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Victoria Steam Navigation Board — Merchant Shipping Acts 1854, 1862 — Passengers Harbours &c. Amendment Act (No. 312) — Suspension of engineer's certificate — No statement of case furnished.

REGINA v. JON3 VLR (L) 163

Coram, STAWALL, C.J., and FELLOWS, J.·19 May 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Practice — Postponing criminal trial.

REGINA v. M’ILWRAITH3 VLR (L) 166

Coram, STAWELL, C.J., FELLOWS, and MOLESWORTH, JJ.·1 Sept 1877·Supreme Court of Victoria, at Law12p·Vol 3 VLR (L) Pt 1

"Melbourne Harbour Trust Act 1876" (No. 552), sec. 16 — Construction — Marginal notes.

EX PARTE LAWLOR3 VLR (L) 178

Mr. Justice Stephen was prevented by illness from sitti during this Term.·21 Mar 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.

PHILLIPS v. BYRNE3 VLR (L) 179

Coram, STAWELL, C.J., and FELLOWS, J.·3 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Negligence — Contract — Sub-contractor — County Court appeal — Practice — "C. L. P. Statute 1865" (No. 274), sec. 73.

BOYD v. GOULSTONE3 VLR (L) 181

Coram, STAWELL, C.J., and FELLOWS, J.·4 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Burden of proof — Presumption of fraud.

SERVICE v. WALKER3 VLR (L) 182

Coram, STAWELL, C.J., and FELLOWS, J.·4 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Statute of Frauds, sec. 17 — "The Instruments and Securities Statute 1864" (No. 204), sec. 108 — Contract for sale of goods — Acceptance by receipt and retention — Sale by auction — Purchaser's name signed by clerk.

REGINA v. STRUTT3 VLR (L) 186

Coram, STAWELL, C.J., and FELLOWS, J.·4 Sept 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291), sec. 37 — Forfeiture — Refusal of warden to adjudicate — Mandamus — Act No. 565, sec. 10 — Filing answering affidavit of warden.

HUNT v. BARBOUR3 VLR (L) 189

Coram, STAWELL, C.J., and FELLOWS, J.·5 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Carrier — Delivery at intermediate place upon request of consignee — Right to freight — County Court appeal — Practice — Transmission of case — County Court Rules, Order V., r. 4, 5.

FITCHES v. BURNELL3 VLR (L) 194

Coram, STAWELL, C.J., and FELLOWS, J.·5 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Police Offences Statute 1865" (No. 265), sec. 5 (vii.) — Carting away nightsoil — License for one district.

NOYES v. ROBERTSON3 VLR (L) 195

Coram, STAWELL, C.J., and FELLOWS, J.·6 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Practice at law — Certificate for costs.

HIGGINS v. EGLESON3 VLR (L) 196

Coram, STAWELL, C.J., and FELLOWS, J.·7 Sept 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Local Government Act 1874" (No. 506), sec. 213 (viii.) — By-law — Ultra vires, Nuisance — Nightsoil.

IN RE TRANSFER OF LAND STATUTE3 VLR (L) 199

Coram, STAWELL, C.J., and FELLOWS, J.·8 Sept 1877·Supreme Court of Victoria, at Law7p·Vol 3 VLR (L) Pt 1

"Transfer of Land Statute" (No. 301), sec. 17 — Registration — Easement — Incorporeal hereditament.

MELBOURNE AND HOBSON’S BAY UNITED RAILWAY COMPANY v. THE MAYOR, &c. OF PRAHRAN3 VLR (L) 206

Coram, STAWELL, C.J., and FELLOWS, J.·8 Sept 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Local Government Act, 1874" (No. 506), sec. 265 — Rating — Railway Company — Deductions.

JELLETT v. PHILLIPS3 VLR (L) 209

Coram, STAWELL, C.J., and FELLOWS, J.·8 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

False representation — Consequential damages.

MALMSBURY CONFLUENCE G. M. CO. v. TUCKER3 VLR (L) 213

Coram, STAWELL, C.J., and FELLOWS, J.·12 Sept 1877·Supreme Court of Victoria, at Law9p·Vol 3 VLR (L) Pt 1

Lessor and Lessee — Covenant running with the land — Pleading at law — Drawing inferences — Statute of Frauds — Contract for sale of fixtures.

BARRETT v. SCOTT3 VLR (L) 222

Coram, STAWELL, C.J., and FELLOWS, J.·12 Sept 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Common Law Procedure Statute 1865" (No. 274), sec. 407 — "Real Property Statute 1864" (No. 213), sec. 49 — Statute of Limitations — Acknowledgment.

LEVY v. THE MAYOR, &c., OF PORTLAND3 VLR (L) 226

Coram, STAWELL, C.J., and FELLOWS, J.·13 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"Local Government Act 1874" (No. 506), sec. 418 — Road or street — Dangerous hole or place.

PHILLIPS v. JOHNSTON3 VLR (L) 230

Coram, STAWELL, C.J., and FELLOWS, J.·13 Sept 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

County Court — Detinue — Execution — County Court Rules, Order III., r. 125.

ANDERSON v. WESTERN PORT COAL CO.3 VLR (L) 232

Coram, STAWELL, C.J., and FELLOWS, J.·14 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"The Lands Compensation Statute 1869" (No. 344), sec. 31 — Compensation — Jury — Trial by proviso.

SANDHURST BENEFIT BUILDING AND INVESTMENT SOCIETY v. DELANEY3 VLR (L) 234

Coram, STAWELL, C.J., and FELLOWS, J.·14 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"The Building Societies Act 1874" (No. 493), secs. 7, 8, 9 — Proof of registration, and of rules.

SMITH v. HAYLES3 VLR (L) 237

Coram, STAWELL, C.J., and FELLOWS, J.·14 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Vendor and purchaser of real estate — Deterioration between sale and possession.

WILKINSON v. WATSON3 VLR (L) 239

Coram, STAWELL, C.J., and FELLOWS, J.·14 Sept 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Lunacy Statute" (No. 309), sec. 148 — Contract for maintenance of lunatic patient — Action by Master in Lunacy.

IRELAND v. CHAPMAN3 VLR (L) 242

Coram, STAWELL, C.J., and FELLOWS, J.·15 Sept 1877·Supreme Court of Victoria, at Law18p·Vol 3 VLR (L) Pt 1

Evidence — Irrelevant cross-examination not objected to — Limits of re-examination — Practice — Plea added by Judge at trial — Improper reception of evidence — New trial.

CAVANAGH v. SACH3 VLR (L) 259

Coram, STAWELL, C.J., and FELLOWS, J.·15 Sept 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"County Court Statute 1869" (No. 345), secs. 39, 41, 47 — Limit of jurisdiction — Costs — "Common Law Procedure Statute 1865" (No. 274), sec. 440 — Discretion.

GOSS v. RICHARDSON3 VLR (L) 264

Coram, STAWELL, C.J., and FELLOWS, J.·15 Sept 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Contract — Restraint of trade — Limit of time.

LONGDEN v. WEIGALL3 VLR (L) 266

Coram, STAWELL, C.J., and FELLOWS, J.·8 Oct 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Malicious prosecution — Reasonable and probable cause — Malice.

M’EWAN v. DYNON3 VLR (L) 271

Coram, STAWELL, C.J., and FELLOWS, J.·8 Oct 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Statute of Frauds — "Instruments and Securities Statate 1864" (No. 204), sec. 107 Guarantee on separate paper attached by folding — County Court — Costs — Tender.

ANDERSON v. WESTERN PORT COAL CO.3 VLR (L) 276

Coram, STAWELL, C.J., and FELLOWS, J.·22 Nov 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Lands Compensation Statute 1869" (No. 344) sec. 35. — Compensation — Cost of fencing.

REGINA v. GRIFFIN3 VLR (L) 278

Coram, STAWELL, C.J., and FELLOWS, J.·22 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Marriage and Matrimonial Causes Statute 1864" (No. 268) sec. 14 — Marriage of minor — Consent of parent — Bigamy.

REGINA v. SPENCER3 VLR (L) 280

Coram, STAWELL, C.J., and FELLOWS, J.·22 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Criminal Law and Practice Statute 1864" (No. 233), sec. 143 — Embezzlement — General direction for appropriation of moneys.

WOOD v. M’MAHON3 VLR (L) 282

Coram, STAWELL, C.J., and FELLOWS, J.·22 Nov 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Bill of exchange — Drawer against indorser.

M’MILLAN v. READ3 VLR (L) 284

Coram, STAWELL, C.J., and FELLOWS, J.·22 Nov 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Auctioneer — Deposit to be paid to auctioneer as agent for vendor.

EX PARTE HIGGINS3 VLR (L) 286

Coram, STAWELL, C.J., and FELLOWS, J.·24 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Two convictions and one appeal.

IN RE DOWMAN3 VLR (L) 287

Coram, STAWELL, C.J., and FELLOWS, J.·24 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Melbourne Harbour Trust Act 1876" (No. 552), sec. 6 — Election of Commissioners — Ballot.

IN RE DAY3 VLR (L) 289

Coram, STAWELL, C.J., and FELLOWS, J.·24 Nov 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

"Public Health Amendment Act" (No. 310), secs. 47, 62 — Cumulative remedy.

HODGSON v. M’CAUGHAN3 VLR (L) 292

Coram, STAWELL, C.J., and FELLOWS, J.·24 Nov 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Insolvency Statute 1871" (No. 379), sec. 131 — Release from sequestration — Action by insolvent before release.

HENRY v. MILLER3 VLR (L) 293

Coram, STAWELL, C.J., and FELLOWS, J.·26 Nov 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Bill of sale — After-acquired property — Novus actus.

WEIGALL v. GASTON3 VLR (L) 294

Coram, STAWELL, C.J., and FELLOWS, J.·26 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Common Law Procedure Statute 1864" (No. 274), sec. 407 — Statute of Limitations — Mortgage — Interest — Pleading at Law.

DWYER v. MACARTNEY3 VLR (L) 296

Coram, STAWELL, C.J., and FELLOWS, J.·27 Nov 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Slander — Innuendo — Demurrer.

MERRY v. NICHOLSON3 VLR (L) 299

Coram, STAWELL, C.J., and FELLOWS, J.·1 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Common Law Procedure Statute 1865" (No. 274), secs. 80, 292 — Writ of attachment — Nullity.

CAVE v. BEVERIDGE3 VLR (L) 302

Coram, STAWELL, C.J., and FELLOWS, J.·3 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Trespass — Previous judgment for conversion — "Instruments and Securities Statute" (No. 313), sec. 5 — Stock mortgage — Possession.

REGINA v. TEMPLETON3 VLR (L) 305

Coram, STAWELL, C.J., and FELLOWS, J.·3 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Local Government Act 1874" (No. 506), sec. 285 — Recovery of rates — Summons.

NOYES v. ELLIS3 VLR (L) 307

Coram, STAWELL, C.J., and FELLOWS, J.·4 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Money paid — Purchase by sub-tenant of his goods distrained by superior landlord.

LEAHY v. STUART3 VLR (L) 310

Coram, STAWELL, C.J., and FELLOWS, J.·5 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Negligence — Forgetfulness — Contributory Negligence.

WRIGHT v. THE COUNCIL OF TOWN OF GEELONG3 VLR (L) 313

Coram, STAWELL, C.J., and FELLOWS, J.·5 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

Melbourne and Geelong Corporations Amendment Act (No. 178), secs. 59-60 — Repairing pavement — Recovery of half cost — Demand.

AARONS v. LEWIS3 VLR (L) 317

Coram, STAWELL, C.J., and FELLOWS, J.·5 Dec 1877·Supreme Court of Victoria, at Law7p·Vol 3 VLR (L) Pt 1

Landlord and tenant — Theatre — Ornaments attached to outer wall — "County Court Statute 1869" (No. 345), sec. 120 — Appeal — Practice — Bond — Rule to strike out case — "Common Law Procedure Statute, 1865" (No. 274), sec. 74 — Delivery of copies of appeal case to Judges.

SHILTON v. NUTT3 VLR (L) 323

Coram, STAWELL, C.J., and FELLOWS, J.·5 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Vendor and Purchaser — Interest.

HAMILTON v. SEFTON3 VLR (L) 326

Coram, STAWELL, C.J., and FELLOWS, J.·5 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

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

REGINA v. TEMPEST3 VLR (L) 329

Coram, STAWELL, C.J., and FELLOWS, J.·6 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Insolvency Statute 1871" (No. 379) sec. 154 (iv.) — Concealment of "his Property."

HAYLOCK v. SHANNON3 VLR (L) 332

Coram, STAWELL, C.J., and FELLOWS, J.·7 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Married Women's Property Act" (No. 384), sec. 17 — Husband and wife — Practice — Rule nisi entitled in wrong court.

EX PARTE JOHNSTON3 VLR (L) 335

Coram, STAWELL, C.J., and FELLOWS, J.·7 Dec 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Barrister — Admission — Absence from Victoria — Reg. Gen., 3rd Dec., 1872, r. 13.

EVANS v. QUEEN3 VLR (L) 336

STAWELL, C.J., FELLOWS, J.·10 Dec 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

Practice — Attachment — Informal Writ — Second Writ — Date.

ANDERSON v. ZIEGLER3 VLR (L) 338

Coram, STAWELL, C.J., and FELLOWS, J.·10 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"County Court Statute 1869" (No. 345), secs. 38, 120 — Appeal — Security — Practice County Court — Taxation of costs.

NEWEY v. RUTHERFORD3 VLR (L) 340

Coram, STAWELL, C.J., and FELLOWS, J.·10 Dec 1877·Supreme Court of Victoria, at Law4p·Vol 3 VLR (L) Pt 1

"Mining Companies Act 1871" (No. 409), sec. 48 — Mining Company — Seal.

REGINA v. ORME3 VLR (L) 343

STAWELL, C.J., FELLOWS, J.·10 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

"Mining Statute 1865" (No. 291), sec. 195 — Amending Act (No. 446), sec. 3 — Mining claim — Possession — Warden's order — Certiorari pending appeal.

REGINA v. CALL3 VLR (L) 346

Coram, STAWELL, C.J., and FELLOWS, J.·10 Dec 1877·Supreme Court of Victoria, at Law2p·Vol 3 VLR (L) Pt 1

"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Order for delivery, and order for value and costs, by different justices.

SERVICE v. WALKER3 VLR (L) 348

Coram, STAWELL, C.J., and FELLOWS, J.·19 Dec 1877·Supreme Court of Victoria, at Law3p·Vol 3 VLR (L) Pt 1

Sale of goods — "With all faults" — Sale by sample.

WERE v. SOUTH MELBOURNE GAS COY.3 VLR (L) 352

Coram, STAWELL, C.J., and FELLOWS, J.·19 Dec 1877·Supreme Court of Victoria, at Law7p·Vol 3 VLR (L) Pt 1

Principal and agent — Right to commission where work not done.

HORWOOD v. MURDOCH3 VLR (L) 358

STAWELL, C.J.·19 Dec 1877·Supreme Court of Victoria, at Law5p·Vol 3 VLR (L) Pt 1

Execution — Trustee — Dry legal estate — Fi. fa. against trustee.