SOLOMON v. JARVIS

12 VLR 76·PER CURIAM(f) .
12 VLR 76
12 VLR 76
SOLOMON v. JARVIS Supreme Court of Victoria (Full Court) PER CURIAM(f) . 03 March 1886 Practice — Supreme Court Rules 1884 — Ord. XXXIX., r. 1 — Ord. LVIII., r. 1 — Ord. LXIV., r. 7 — Trial before judge without jury — Proper remedy for dissatisfied party .

Where a case has been tried by a judge without a jury, and he has given judgment without making any special finding on the facts, the procedure of a party dissatisfied therewith is to appeal under Order LVIII. But where he within the prescribed time gave unmistakeable notice of his determination to appeal, by a notice of motion for a new trial (under Order XXXIX., r. 1), the Court, under Ord. LXIV., r. 7, after the expiration of the time for giving notice of appeal, enlarged the time for giving a proper notice of appeal.

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