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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.
TABLE OF CASES
IN THIS VOLUME.
PAGE. Fitzgerald v. Smith 280 | Mills v. Regina
148 Flower v. Foy 109 Neville v. Handley
43 Franklin v. Franklin 194 | Nicholls v. Davis
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.
14 Antony v. Dillon
160 Archard v. Ellerker 196 Greene v. Hoyne
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
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
270 Barnes, exp 267 Hickling v. Todd
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
- 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
270 James, In the will of
60 | Prahran,
270 Chambers v. Farrar . 48 Johnson, In re
of Clarke, In settled estate of 211 Jones, In the will of
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.
270 Corcoran v. O'Rourke 139 Kilpatrick v. Lang
160 Prahran, Mayor, etc., of v. Coyle, In re
270 Crough v. Cleary
275 Prahran, Mayor, etc., of v. Crozier, re
270 Cruickshank, In will of 161 Leithhead v. Hely 225 Pudney v. Strong
109 Cuttance v. Thompson 40 Lobb, In settled estate of
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
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
- 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
4 Leake v.
Ross, In re.
. 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
Barwick v. Betts
Hill v. Thompson 53 Vagg, Re
Hore v. Bellette 154 Victorian Trotting Club, Re 104
Lamb v. Westbrook 7 Vize v. St. Clair Co.,
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
268 Glenelg Railway Co., v. Local
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.
10 208 284 206
Salway v. Snowden
British Land, etc., Co.,-
Thomson v. Equitable Co
operate S«.ciety Tilley v. Humphries Toy v. Musgrove
204 206 183 54
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