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CHARLES F. MAXWELL, LAW PUBLISHER 81 CHANCERY LANE,

AND ELIZABETH STREET SYDNEY.

ADELAIDE: E. S. WIGG & SONS. LONDON: SWEET & MAXWELL, 8 BELI.

YARD TEMPLE BAR.

MDCCCLXXXIX.

TABLE OF CASES

CASES REPORTED

IN THIS VOLUME.

v.

VICTORIA.

PAGE.

PAGE. Fitzgerald v. Smith 280 | Mills v. Regina

148 Flower v. Foy 109 Neville v. Handley

43 Franklin v. Franklin 194 | Nicholls v. Davis

223 PAGE.

Nicholson v. Edwards

43 Abbott v. Bull. -101,188 Goldsbrough, exp,

44 Acton v. Crawford 150 Gorman v. McLellan

51 O'Connor v. Price

151 Aldwell, In re · 280 Grace v. Carrick

144 O'Neill v. President &c. of Annand, re 198 Green v. Commissioners of Mel.

Mansfield

14 Antony v. Dillon

231
bourne &c. Exhibition
170 Osborne v. Osborne

160 Archard v. Ellerker 196 Greene v. Hoyne

25

Greig and Murray v. Tayior 265 Bailey v. Mayor &c. of Port

Peacock v. Wilkins .

217 Melbourne 31,44 Hall, In re

Pearl v. Commercial Bank

566

30 Ballantyne v. Raphael 255 Harkness v. Dixon

Pearson v. Russell · 132, 209, 272

137 Bannister v. Henderson 203 Harris v. Rowley

Peck v. Land Mortgage Bank

26

270 Barnes, exp 267 Hickling v. Todd

Penglase, re

251

236 Barnet v. Williams .

213 230 Higginbotham v. Barrett.

Peppercorn, In will of

133 Beaumont v. Hochkins 263 Hitchins v. Mayor &c. of Port

Perpetual Executors &c. Co. v. Bechtold v. Bechtold 109

Heale

229 Melbourne

- 121,277 Blight, re

45 248 Hooke v. Johnston

Perry v. Sherlock

277 Bouveret, In the will of

Peters v. St. Clair Co.

273 49 Hughes v. Logan

146 Brailsford v. Tobie

239 194 Hussy v. Bank of Australasia

Pilley v. Pilley

210 Buchanan v. Smith

270 47 Hyman v. Smith

Prahran, Mayor &c. of v. Carter

254 Bushman, re 57

Prahran, Mayor &c. of Butterworth v. Hepburn 22

Goulter

270 James, In the will of

60 | Prahran,
Mayor, etc.

of
Jenkins, In re-
274 Griffiths

270 Chambers v. Farrar . 48 Johnson, In re

1 Prahran,
Mayor, etc.,

of Clarke, In settled estate of 211 Jones, In the will of

185 Kennedy

270 Clurton v. Boyd 253 Jones y, Poore

920 Prahran, tayor, etc., of v. MelColeman, txp 104

bourne Tramway Trust 27,180 Collingwood, re city of 268

Prahran, Mayor, etc., of v.
Colonial Bank v. Kerr
201 Keiller v. Thompson

168
Smith

270 Corcoran v. O'Rourke 139 Kilpatrick v. Lang

160 Prahran, Mayor, etc., of v. Coyle, In re

Suckling

270 Crough v. Cleary

Field

275 Prahran, Mayor, etc., of v. Crozier, re

282
Legh, In re
100 Williamson

270 Cruickshank, In will of 161 Leithhead v. Hely 225 Pudney v. Strong

109 Cuttance v. Thompson 40 Lobb, In settled estate of

138
Lyman v. Franklin.

209
Rasmusson, In re

213 D'Alba v. Tuttle 227

Reade v. Mayor etc., of St. Kilda 97 Dally v. Bellinger 159 Mahony, In settled estate of 162 Rees v. Dunbar

147 Davidson v. Orr 3 Main v. Haskin

276 Reg. v. Archer ; exp kendall 26 Dawson v. Swords 255 Malvern, Local Board of Health Reg. v. Bond; exp Henson

107 Delaney, In settled estate of

23
v. Lorimer

246 Reg. v. Dickenson ;exp Franklin 114 Dickenson, re 114 Marks v. Penglase 196 Reg. v. Fetherstone; ex'p Levey

1:24 Dilnot v. Hinkley 6 Martin, In freehold land of 212 | Reg. v. Fitzgerald

241 Donaldson v. Noble 37,189 Maude, In re

15 Reg. v. Moloney

185 Dudley v. Brown 1, 172 McAskell, In will of

49 Reg. v. Oliver ; exp Graham 158 McCracken, In will of

204 Reg. v. Panton ; exp Farmer's Elelsten v. Cookson

137
McCue v. Australia U. S. N.

141

Produce Co.
Ellis v. Bourke

258
Co.

115
269 Reg. v. Panton; exp Schuh
McDonald v. Darcy ·

- 225,246 Reg. v. Paterson ; exp Woofe 155 McEwan v. Povle

202 Reg. v. Quinlan ; e'xp Nantes 203 Federal Land Coy. of Victoria, re 221 McIntyre, In will of

250 Reg. v. Shuter ; xp O'Hehir 116 Federal M. L. Stock Ass. v.

Mckendrick v. Lewis

- 135,262 Robertson v. Wealth of Nations Donaghy 126 McNeill v. Sutherland 15 G. M. Co.

29 Fink v. Walker 13 Merry, re125 Rodgers v. Gerson

57 Finlay, In re 280 Millar v. Federal Coffee Palace 2:33 Rodgers v. Heymanson

100 Fisher, In the will of 59 Miller v, Turner 186 | Roper, In re

161

114

4 Leake v.

:

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PAGE

255

Ross, In re.
Rothwell v. Murphy
Rothwell v, Parish
Ruddock v. Bates
Russell v. Russell
Ryan, In will of
Ryan, (dep

Page,

Pags.

. 227 Toy v. Regina

70 Wright v. Raphael 257 Trustees etc., Co., v. Munro

5 257 Trustees' etc., Co., v. Terrill 162 202 Tuckett v. Blake

11,117 58 Tyrrell v. Stewart

50
5

TASMANIA.
15
Union Bank v. Tuttle

227

Barwick v. Betts

Hill v. Thompson 53 Vagg, Re

176

Hore v. Bellette 154 Victorian Trotting Club, Re 104

Lamb v. Westbrook 7 Vize v. St. Clair Co.,

273 173

Lawder v. Swann 49

Sheehan, In re 210 Walker v. Raphael

255 Tyler. v. McArdell Wall, In settled Estate of

140 Watson v. Ritchie 226 Warburton v. Altson

218 240 Ward, Re

103 Waterhouse v. Hanslow

4
168,217 Waxman v. Groth

13
174 White v. Derwent, etc., Ass.
159
Coy.,

SOUTH AUSTRALIA.

145
153
Wilkie v. Groom

239
Windsor Coffee Palace v. Cheel 275 Cobb v. Dunn -
Woolcock, exp.

268 Glenelg Railway Co., v. Local
Woolcott v. Mitchell

187 Board of Unley 2 Woolcott v. Peggie ·

36 Hopkins v. Fowler 283 | Wolfe v. Lang

- 117,129 Mount Eltie Co., v. Sands 60,98 | Woolstenholm v. Woolhouse 165 | Poulford, In re.

118 55

7 283

10 208 284 206

Salway v. Snowden
Sandilands v. 'l'right
Scott v. Murray
Shattky v. Schinnerling
Shepherd, In re
Sinclair v. Naylor
Skinner v. Australian and

British Land, etc., Co.,-
Smith v. Foreman
Smith v. Ison
Splatt v. Splatt
Stone v. Kendall
Stutt v. Smith -
Sutton v. Sargeant .

214

Thomson v. Equitable Co

operate S«.ciety Tilley v. Humphries Toy v. Musgrove

204 206 183 54

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In Re ELIZA JOHNSON; PHILLIPS (Caveator).

Before Higinbotham C. J. Transfer of Land Statute 1866 (No. 301) sec. 117,

22nd June. Judicature Act 1883 (No. 761), Sec. 10 (7).-Re

DUDLEY V. BROWN AND BALFOUR. moval of Careat When the Full Court is not sitting a Judge in Chambers, if satisfied with the Rules of Supreme Court, 1884, Order XVIII » 2— urgency of the matter, may have and determine an

Order XXI y 15-Order XXX r I-Ejectmentapplication to remove a Caveat.

Counter claim, where, to an action of ejectment, the Application on behalf of Eliza Johnson calling upon defendant set up a counter-claim for work and labor Thomas William Phillips the caveator to show cause done, &c., such counter-claim was ordered to be why a caveat lodged by him should not be removed. excluded-Costs where application not made under

Mr. Shiels to oppose. This application cannot be a general summons for directions. made to a judge in chambers, it must be made by a

Application on behalf of the plaintiff calling upon summons obtained from a judge in chambers return the defendants to show cause why their counterclaim able before the Full Court. Exparte Vincent 8, A. L. should not be struck out or excluded on the ground T. 5, Exparte Goldsworthy 8, A. L. T. 181.

that it cannot be conveniently disposed of in this action. Mr. Higgins in support. No doubt an application

The pleadings in the action were as follows. to remove a caveat should be made by summons returnable before the Full Court when the Full Court is

STATEMENT OF CLAIM. sitting but when the Full Court is not sitting it can be 1. The plaintiff is entitled to the possession of two houses of

the plaintiff situated on certain allotments of land being made to a judge in chambers Exparte Peck 10 V. L. allotments 1 and 21 of section 2 A parish of Maryborough R. (L) 328; Exparte Davies and Inman 11 V. L. R. and of the two said allotments. 780. The caveat has now lapsed as it is more than a | 2. The plaintiff put the defendants into possession of the said month since the caveat was lodged.

two allotments for the purpose of building the said two

houses for the plaintiff under and in accordance with the His HONOR said, All that Exparte Vincent and Ex terms of a certain written contract but although the departe Goldsworthy can be taken to have decided is that fendants have built such houses and although the the application to remove a caveat should be made by

plaintiff is ready and willing to pay to the defendants such summons returnable before the Full Court; but when

sum as may be due to them for building the same under

and in accordance with the provisions of the said written a judge in chambers is satisfied as to the urgent nature contract the defendants have refused to deliver up of the matter he may exercise the powers vested in possession of the same and threaten to remove the said him when the Full Court is not sitting. No urgency 3. At the time that the plaintiff so put the defendants into

houses bodily from the said allotments of land. has been shown in this case. I may say that I do not

possession of the said land as aforesaid the title to the think the caveator has justified his action in lodging said land was in the Crown but prior to the commencement the caveat and the circumstance that the caveat has of this action the Crown granted the said allotments to lapsed since the summons was returnable should not

the plaintiff in consideration of a certain sum of money relieve him of the responsibility occasioned by lodging

which has been duly paid by the plaintiff to the crown

and the plaintiff prior to the commencement of this action the caveat. Although I shall not make any order that held and still holds the treasurer's receipt for the purchase

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