Page images
PDF
EPUB

to the arbitrator and his interest was in consequence omitted from the provisional award. C.'s claim was afterwards sent to the arbitrator who gave C. two days' notice to appear before him, which C. did under protest, and the arbitrator made an award : Held that the award was

valid.--Carr v. Metropolitan Board of Works, L.R. 14 Ch. D. 807. (ii.) C. A.-Reformatory School-Cost of Clothing-29 & 30 Vict., c. 117,

s. 23; 40 G 41 Vict., c. 21, s. 4.-The cost of clothing requisite for the admission of a youthful offender to a reformatory school ander sec. 23 of Reformatory School Act, 1866, is included in the expenses provided for by sec. 4 of Prison Act, 1877.-Prison Commissioners v. Liverpool

Corporation, 42 L.T. 838. (iii.) C. A.-School Board-Borrowing Powers—33 & 34 Vict., c.75, ss. 53, 54;

36 & 37 Vict., c. 86, s. 10.- A school board have no power to contract a temporary loan for the purpose of meeting their current expenses until they can obtain money out of the rates.- Regina v. Reed, L.R. 5 Q.B.D.

483; 49 L.J. Q.B. 600; 42 L.T. 835. New South Wales, Law of :(i.) P. C.--Wager-14 Vict., No. 9, s. 8.-Money deposited to abide the

event of a horse-race may be recovered back by a party who has revoked the authority of the stake holder.—Trimble v. Hill, 49 L.J.

P.C. 49. Partition :(i.) Ch. Div. M. R.--Request for Sale-Infant--Guardian-39 & 40 Vict.,

c. 17, s. 6.-A request for sale on behalf of an infant under sec. 6 of Partition Act, 1876, may be made by the next friend or guardian ud

litem of an infant.Rimington v. Hartley, L.R. 14 Ch. D. 630; 43 L.T. 15. (ii.) Ch. Div. M. R.-Sale-Inquiries in District Registry-Form of Order.

-In a partition action begun in a district registry asking for a sale of freeholds, though the asnal inquiries may be directed to be made in the district registry, the proper course is to apply in chambers for the order

for sale.-Sykes v. Schofield, L.R. 14 Ch. D. 629; 42 L.T. 822. (ii.) H. L.-Sale-31 & 32 Vict., c. 40, ss. 3, 5.--In a partition astion, the

owners of 3.16ths of the property asked for a sale, and the owners of 13-16 hs wished to keep the property undivided, and offered to purchase the shares of the other parties : Held that a sale ought to be directed with liberty to all parties, other than those having the conduct of the

sale, to bid.--Pitt v. Jones, L.R. 5 App. 651. Partnership :(i.) C. A.- Articles Agreement to Refer.Articles of partnership contained

a clause that any differences or disputes which might arise between the partners should be settled by arbitration: Held that a dispute between two of the partners whether certain shares of other partners had been bought by defendant on his own account or for the joint benefit of himself and plaintiff, did not come within the agreement to refer.Piercy

v. Young, 28 W.R. 845. (ii.) C. A.--Bill Drawn by One Partner-Liability. - Where a partnership is

carried on in the name of an individual member of it, any note or other obligation signed by such member in his own name, is prima facie presumed to be his note, and not that of the partnership.--Yorkshire

Banking Co. v. Beatson, 28 W.R. 879. (iii.) Ch. Div. V. C. H.-Building Agreement-Participation in Profits.

A builder, who had entered into a contract to build eight houses, entered into an agreement with H., whereby, in consideration of money advanced

and to be advanced for the completion of the houses, the builder agreed to repay the money, and also that H. should have half the net profits on the building of two of the houses : Held that the agreement did not constitute H. a partner of the builder so as to make him liable for timber supplied towards the erection of the two houses.Kelly v. Scotto,

42 L.T. 827. (iv.) C. A.-DissolutionGoodwill.-B. and L. dissolved partnership on the

terms that L. was to take the stock-in-trade, and B. was not to carry on the same trade within ten miles of the place of business, except at Leeds. B. set up the same trade at Leeds. On motion to restrain B. from soliciting or dealing with customers of the old firm : Held that the injunction ought not to extend to restrain B. from actually dealing with

any customer of the old firm.-- Leggott v. Barrett, 28 W.R. 962. (v.) Ch, Div. M. R.-Expulsion of Member - Arbitration Clause.-- A deed

of partnership contained a clause that if the business of the partnership should not be conducted or the results should not be to the satisfaction of R., then R. might give notice to determine the partnership: Held that the power given to R. might be exercised by him capriciously. The mere fact that a partner charges his co-partner with fraud is not sufficient to prevent the co-partner from insisting on a reference to arbitration, when the partnership deed contains an arbitration clause.Russell v. Russell, L.R. 14 Ch. D. 471.

Poor Law:(i.) Q. B. Div. - Justice of Peace--Ex-oficio Guardian-County of Town

-4 & 5 Will. IV., c. 76, s. 39.—The provisions of sec. 38 of 4 & 5 Will. IV., c. 76, apply to justices of a county of a town as well as of a

county proper.-Regina v. Pearce, 49 L.J. M.Č. 81. (ii.) Q. B. Div.-Rate-Liability--Occupier of Market Stall. --Appellant

was yearly tenant of two stalls in B. market, for which he paid a weekly rent. The stalls were capable of being removed and did not always stand on the same spot, but appellant had a right to retain the same relative position in the row of stalls : Held that he was not liable to be rated under 43 Eliz., c. 2.-Spear v. Bodmin Union, 43 L.T. 127.

Power of Appointment:(i.) C. A.-Limited PowerExercise in Pursuance of Bond.-A donee under a

will, of a power to appoint by will among his children and issue made his will appointing £5,000 to a son, and entered into a bond with the son, defeasible on his appointing or giving £5,000 under the will creating the power, or out of his own property to his son, or if his son should become entitled to that sum in default of appointment: Held that the appointment was good.-Palmer v. Locke, 28 W.R. 926.

Practice : (i.) Ch. Div. M. R.--Administration- Parties Served with Notice of Decree

-Further Consideration.-In an administration action where it is desired to obtain an order against parties served with notice of decree, they should be served with notice of the action having been set down for

further consideration.-Rees v. George, 49 L.J. Ch. 568. (ii.) C. A.-AppealCase stated by Quarter Sessions— 38 | 39 Vict., c. 55—

Judicature Act, 1873, s. 45.-An appeal does not lie from the decision of a Divisional Court on a special case stated by a Court of Quarter Sessions under sec. 169, sub-sec. 7, of the Pablic Health Act, 1875, unless special leave be given by the Divisional Court.- Regina v. Swindon Local Board, 49 L.J. Q.B. 522.

(iii.) H. L.-Appeal from ChambersTime--Vacatior-Ord. 54, 7. 6.-The

limitation of time for appealing from an order made at chambers fixed by Ord. 54, r. 6, does not affect the right to appeal against an order made in vacation at chambers, when no divisional court would be sitting

within the time limited.-Wallingford v. Mutual Society, L.R. 5 App. 685. (iv.) C. A.–Appeal - Criminal Cause -- School Board Summons-33 & 34

Vict., c. 75, s. 74.—A summons for breach of a bye-law by a school. board requiring all children to attend school during certain hours, is a criminal cause or matter, from a judgment of the High Court in which

there is no appeal.- Mellor v. Denham, L.R. 5 Q.B.D. 467. (v.) H. L.-Appeal-Costs.—The Q. B. Div. having made absolute a rule

for a new trial, the costs of the first trial to await the event of the second; the Court of Appeal on plaintiff's application, varied this order by directing a new trial on payment by defendants of the costs of the first trial, defendants to have two months to elect whether they would accept these terms: Held that defendants were entitled to appeal from this order to the House of Lords.—Metropolitan Asylums District Board

v, Hill, L.R. 5 App. 582. (vi.) C. A. - Appeal-Extending Time-Ord. 58, 1. 15.—Where plaintiff's

solicitor had, partly through mistake and partly through illness, allowed more than twenty-one days to expire without appealing from an interlocutory order, and had then given notice for appeal as if from a final order : the Court refused to grant an extension of time for appealing. Principles which will guide the Court in giving extension of time for

appealing considered.---Collins v. Paddington Vestry, 49 L.J. Q.B. 612. (vii.) C. A.— Appeal from Lvierpool Court of Passage--Security for Costs—31

8. 32 Vict., c. 71, ss. 25, 26.-An appeal from the Liverpool Court of Passage, exercising Admiralty jurisdiction is under the County Courts Admiralty Jurisdiction Act, 1868, and security for costs must be given

before the instrument of appeal is lodged.— The Ganges, 43 L.T. 12. (viii.) C. A.-Appeal-— Prohibition to County Court—19 & 20 Vict., c. 108,

8. 42; Judicature Act, 1873, s. 19.-An appeal lies from the decision of a Divisional Court making absolute a rule for a prohibition to a

County Court Judge.-. Barton v. Titmarsh, 49 L.J. Ex. 573. (ix.) C. A.-Appeal-Trial by Judge without Jury-Ord. 39, r. 1.-When an

action has been tried by a judge of a common law division without a jury an appeal lies direct to the court of appeal.-Pannell v. Nunn, 28 W.R.

940. (x.) Ch. Div. F. J.-Application to Strike off Rolls--Further Proceeding

JurisdictionOrd. 51, r. 1a.-A motion calling upon a solicitor to show cause why he should not be struck off the rolls for misconduct brought to the notice of Fry, J., at the trial of an action, is a further proceeding in the action, and within the jurisdiction of Fry, J.-Cave v. Cave, 49

L.J. Ch. 656; 43 L.T. 158. (xi.) Ch. Div. V. C. H.-ContemptCommittal - Privilege of Parliament

Dissolution.--The Court will not cominit a member of the House of Commons to prison for disobedience of an order to pay money and deliver up documents, and the privilege of immunity from arrest extends to a person who has been member of a Parliament which has been dissolved, and endures for forty days after dissolution.-Re Anglo-French

Co-operative Society, L.R. 14 Ch. D. 533. (xii.) C. A.-Continuance of Action Bankrupt's Trustee Assignment

Champerty--Ord. 50, 1. 3.-A trustee in bankruptcy began an action to have a deed purporting to be an absolute conveyance of an equity of redemption declared to be a security only. He afterwards sold all the

baukrapt's interest in the property: Held affirming the decision of V.C.H. (42 L.T. 805; 28 W.R. 763) that the purchaser could continue the action in the trustee's name.- Seear v. Lawson, 42 L.T. 893;

28 W.R. 929. (xiii.) Ch. Div. M. R.-Costs--Administration Action-Insolvent Estate.

The rule that a creditor who brings an action on behalf of himself and all other creditors for administration of an estate which proves insufficient to pay debts, is entitled to his costs as between solicitor and client, applies to the case of a creditor who obtains the conduct of an action commenced by a legatee or next-of-kin.-Richardson v. Richardson, L.R.

14 Ch. D. 611 ; 49 L.J. Ch. 612 ; 28 W.R. 942. (xiv.) C. A.-Costs - Appeal-Objection as to Time.-When an appeal is dis.

missed on the ground that the notice of appeal was given too late, the appellant will not be ordered to pay the costs of affidavits filed by re. spondent after the appeal was set down.-Ex parte Fardon's Vinegar Co.,

Re Jones, 43 L.T. 11. (xv.) C. A. Costs Counter-Claim Action Remitted to County Court

- Alteration of Certificate.-An action in which plaintiff claimed £50 and defendants counter-claimed £10 and paid £40 into Court was remitted to a County Court, and the registrar certified a verdict for the plaintiff for fifteen shillings : Held that the Court could alter the certificate by distributing the findings on the issues so far as to give defendant the

costs of the counter-claim.-Davidson v. Gray, 42 L.T. 834. (xvi.) Q. B. Div.-- Costs--Counter-Claim---30 & 31 Vict., c. 142, 8. 5Judica

ture Act, 1873, s. 67.-- Where a plaintiff recovers in an action in the High
Court a sam more than £20, and defendant recovers on a counter-claim,
which is not a mere set-off or claim for liquidated damages, such a sum
as to reduce the actual amount for which plaintiff gets judgment below
£20, plaintiff is entitled to the costs of proof of his claim, and defendant

to the costs of proving his counter-claim.-Stooke v. Taylor, 43 L.T. 200. (xvii.) C. P. Div.-Costs-Higher Scale--Injunction.-In an action by the

owner of a market for damages for breaches of covenant by tenants of houses within the market, and for an injunction against farther breaches,

costs on the higher scale were allowed.Horner v. Oyler, 49 L.J. C.P. 655. (xviii.) P. D. A. Div.--Costs-- Reference---Collision of Ships.--In a claim

and counter-claim for damages resnlting from the collision of two ships, both ships were found to blame and the question of damages referred to the registrar. The owners of one ship brought their claim into the registry, no tender having been made by the other side; and the regis. trar struck off less than one-tenth of their claim: Held that they were

entitled to their costs.-The Savernake, L.R. 5 P.D. 166 ; 49 L.J. P.D.A. 71. (xix.) C. A. — Costs Taxation - Higher Scale - Injunction · Rules of

Supreme Court (Costs), Ord. 6, 1. 2.-In an action for trespass when plaintiff claimed and obtained an injunction it did not appear that the trespass involved any question of title or any permanent or irreparable injury: Held that plaintiff was not entitled to costs on the higher scale under Rules of Supreme Court (Costs), Ord. 6, r. 2.-Chapman v.

Midland Railway Company, L.R. 5 Q.B.D. 431. (xx.) Ch. Div. M. R.—CostsTaxation-Partition.--The costs in a

partition action should be born by the parties in proportion to their interests, and such costs, in the absence of agreement, must be taxed as between party and party.Ball v. Kemp-Welch, L.R. 14 Ch. D. 512;

49 L.J. Ch. 528; 43 LT.116. (xxi.) C. A.-CostsTaxation--Short-hand Notes. The costs of short-hand

notes taken at the hearing of an appeal will not be allowed on taxation

except by order of the Court, and such order must be applied for before judgment has been drawn up and entered.-Hill v. Managers of Metro

politan Asylum District, 49 L.J. Q.B. 668. (xxii.) Q. B. Div.-Costs--Third Party-Ord. 16, r. 21.- The judge has po

power under Ord. 16, r. 21, to impose the costs of a third party called in to defend an action on the defendant who brought him in.— Yorkshire

Waggon Co. v. Newport Coal Co., 49 L.J. Q.B. 527. (xxiii.) C. A.-Costs, Third Party--Ord 16, r. 21.--The judge has power

under Ord. 16, r. 21, to impose the costs of a third party called in to defend an action on defendant who brought him in. - Dawson v. Shepherd,

49 L.J. Ex. 529. (xxiv.) Ch. Div. F. J.-Costs -- Varying Judgment-Liberty to Apply-Ord.

41a.-Where costs of a motion have been reserved till the hearing and have not been asked for or given then, the Court has jurisdiction to give such costs on a subsequent special application to vary the Order at the hearing, after the Order has been drawn up and entered.- Fritz v.

Hobson, L.R. 14 Ch. D. 542. (xxv.) C. A.Discovery- Afidavit of Documents-Ord. 31, . 12.-An affi

davit of documents is a conclusive answer to an order for discovery under Ord. 31, r. 12, unless it can be shown either from the affidavit itself or from admissions in the pleadings of the party from whom discovery is sought, that other documents relevant to the cause exist. —

Jones v. Monte Video Gas Co., 49 L.J. Q.B. 627. (xxvi.) Ch. Div. V. C. B. - Discovery - Interrogatories. — In an action

involving a question as to the right of plaintiffs to use defendant's name in connection with the sale by them of soap, where defendant had counter claimed to restrain infringement of trade mark, an interrogatory by defendant for an account of sales of soap by plaintiffs, was

disallowed.-Benbow v. Low, 28 W.R. 891. (xxvii.) Ch. Div. V. C. M.-Discovery - Production of Documents. ---A

burial board in possession of a cemetry brought an action to restrain defendants from mining under it: Held that the defendants could not, before filing their statement of defence, require the production of plaintiffs' title deeds.- Egremont Burial Board v. Egremont Iron Ore Co.,

49 L.J. Ch. 623. (xxviii.) C. A.-Discovery- Production of Documents —Lunacy Proceedings.

Inspection of documents in the matter of a lunacy is not given unless a

primâ facie title be shown to the lunatic's estate.- Re Smyth, 28 W.R. 925. (xxix.) Ch. Div. D. J.-Discovery-Production of Documents-Ord. 31, r.

14.-If defendant has not delivered his defence, plaintiff has a sufficient cause within Ord. 31, r. 14, for not complying with a notice to produce for inspection a title deed mentioned in the statement of claim and relating only to plaintiff's title ; and he may afterwards put in the deed

as evidence. --Webster v. Whewall, 42 L.T. 868 ; 28 W.R. 951. (xxx.) Ch. Div. M. R.-Interim Injunction-Action by Crown--Under.

takiny as to Damages.-In an action by the Crown to restrain defendants from constructing certain tramways, the Court refused to grant an interim injunction unless the Crown would consent to be bound in the usaal undertaking in damages.--Secretary of State for War v. Chubb, 43

L.T. 83. (xxxi.) C. H. Div. M. R. - Leave to Bring Action-Company in Liquidation.

-Eæ parte Application.—Leave to bring an action against a company in liquidation should not be given on an ex parte application.-Western and Brazilian Telegraph Co. v. Bibby, 42 L.T. 821.

« PreviousContinue »