COUNTY COURT DECISIONS AND PROCEEDINGS.
Accountants acting as solicitors, 120 Agreement to prosecute-Legal obligation to in- stitute prosecution- Whether agreement to prosecute void for want of consideration (War- dingly v. Burgess), 156 Appeal-A County Court judge's discretion in giving leave to appeal (Wiley v. the Great Western Railway), 66
Apprenticeship-Indenture-Action for unpaid premium (Spencer v. Abbot), 156 Assault Justification Damages (Cobbold v.
Corris), 283 Building society-Mortgage-Member-Redemp- tion-Rights of society-Agency of solicitor (Harrison v. The South Shields Provident Building Society), 84
County Court Act 1875, sect. 6-Point of law- Failure to apply to the judge to take a note- Notes of evidence taken insufficient (Rhodes v. Liverpool Commercial Investment Company, Limited), 102, 119
County Court jurisdiction - Injunction -
(Connor and Houston v. George Mills Cliffe: George Mills Cliffe v. Connor and Houston), 121 Irregularities in the County Courts, 229 Judgment given and reversed-Extraordinary pro- ceedings (Parks v. Austin), 12 Landlord and tenant-Constructive distress by landlord-What amounts to (Jennison v. Leach), 157 Possession of tenements summons-Quære, whether County Courts have jurisdiction in cases above £20 annual rent or value when the leasehold title is in question?-19 & 20 Vict. c. 108, s. 50; 9 & 10 Vict. c. 95, s. 58; 30 & 31 Vict. c. 142, s. 12 (Bloyd v. Hunt), 84 Club-Liability of members of a club which had ceased to exist, inter se (Borrodaile and others v. Denning), 120
Local board-Order to pave and flag street under Improvement Act-Apportionment upon owner of property Unauthorised alteration-Juris-
diction (The Mayor, Aldermen, &c., of Leeds v. John Smith), 360
obedience Contempt (Martin v. Bannister and Married woman-Goods supplied to a domestic another), 228
Friendly society-Foresters' lodge, 453 Husband and wife Equity to a settlement (Barrowcliff v. Barrowcliff), 229 Interpleader-Damages against execution creditor -County Court Rules, Order XXI.-Practice (Hanks v. Pope; Ex parte The Tiverton Meat Purveying Company), 360
Irish County Courts-Equity fees, 191 Injunction - Breach - Power of County Court judge to commit (Martin v. Bannister), 66 Invalid promissory note-Fraudulent bill of sale
servant for her own use (Davies v. Evans and Wife), 229
Perjury and personal matters in the County Court -New trial, 49
Pleading - Claim and Counter Claim matter arising after issue of summons can be pleaded as a counter claim-Separate verdicts ought to be entered on a claim and counter-claim (Buttin v. Werderman and Werderman v. Buttin), 417 Public Health Act 1875- Private improvement expenses-Municipal authority, and owners of property-" Notice of demand" (Local Board of West Derby v. Bell), 140
Sewering, &c.-Apportionment of expenses- Arbitrator's award (The Tunbridge Wells Local Board v. John Akroyd, Esq.), 102 River bank, pulling down and weakening for pur- poses of putting in foundations for building-- District subject to floods-Contractors and landowners liable for damages (Horsfall v. Wilson and others; West v. same), 48 Railway company-Contract to carry passengers -Breach-Delay-Time tables-Conditions -Liability (Leyson v. The London and North-Western Railway Company), 317 Carriage of animals-Negligence-Contribu- tory negligence-Feeding the animals (Slater v. The London and North-Western Railway Company), 157
Time tables-Delay-Breach of contract- Leave to appeal-Discretion (Wyley v. Great Western Railway Company), 263 Warehouse charges-Contract-Right of com- pany to charge (London and N. Western and Midland Railway Companies v. Ransom), 11 Railway passenger-Assault by officials of com- pany-Liability (Ackroyd v. Midland Railway Company), 246
Railway responsibility - A special agreement
signed by a passenger relieves the company from liability (M'Gedy v. The London and South-Western Railway Company), 30 Service of process-Charge against the bailiff (Zeller v. William Sayers), 119
Statute of Limitations - Acknowledgment in writing-"Next after" (Brooke v. Somerset), 435 Torr's resignation, Mr., 453 Witness-Claim for expenses (Bithrey v. Spencer),
Bigelow on the Law of Torts, 427
Charley's Real Property Acts, &c., 391
Hamilton's Quarter Sessions from Queen Eliza- Ringwood's Principles of Bankruptcy, &c., 294, 427 beth to Queen Anne, 258
Churchill and Bruce on the Law, &c., of Sheriff, Hearne's Aryan Household, 257 329
Copinger's Tables of Stamp Duties, 95 Cunningham and Mallinson's Precedents of Plead- ing under the Judicature Acts, 23 Daniel's Chancery Forms and Precedents, 240 Denison and Scott Practice, &c., of the House of Lords, 258
Drewry's Law of Trade Marks, 427
Foote's Private International Jurisprudence, 24 Godefroi's Digest of the Law of Trusts and Trus- tees, 240
Hunter's Epping Forest Act 1878, 427 Johnson's Patentees' Manuel, 258
Key and Elphinstone's Precedents in Conveyanc- ing, 167
Lawyers' Companion and Almanack, 59 Lett's Diaries, &c., 133 Lewin on Trusts, 329
Norcutt on the Law of Factories and Workshops, 329
Partridge and Cooper's Diaries, 59 Pope on the Bills of Sale Act 1878, 59
Barristers' Benevolent Association, 362 Birmingham Incorporated Law Society, 246, 264, 454
Birmingham Law Students' Society, 45, 81, 116, 209, 260, 301, 344, 379, 413, 467 Bolton Articled Clerks' Society, 28, 116, 155, 175, 260, 344, 379
Bolton Law Society, 30, 86 Bolton Law Students' Society, 8 Bradford Incorporated Law Society, 455 Bradford Law Students' Society, 8, 45, 81, 116, 244, 280, 449
Bristol Law Students' Debating Society, 8, 99, 117, 227, 379, 413, 449 Dewsbury, Wakefield, and District Law Students' Society, 244
Huddersfield Law Students' Society, 138, 175, 280, 344, 413
Hull Law Students' Society, 188, 209, 227, 260, 301, 359, 431
Incorporated Law Society, 226 Incorporated Law Society of Liverpool, 103 Incorporated Leeds Law Society, 85 Law Association, The, 30, 103, 179, 264, 417 Law Clerks' Building Society, 435, 469 Law Students' Debating Society, 8, 25, 45, 62, 99, 138, 188, 209, 244, 261, 301, 359, 379, 413, 449, 467
Leeds Law Students' Society, 8, 45, 81, 117, 176, 209, 244, 280, 314, 359, 395, 413, 431, 467 Legal Practitioners' Society, The, 85, 140, 468 Liverpool Law Students' Association, 62, 117, 138, 188, 244, 280, 344, 379, 413, 449 Manchester Incorporated Law Association, 319 Manchester Law Students' Debating Society, 62, 81, 117, 188, 209, 281, 344, 359, 413, 449 National Association for the Promotion of Social Science, 12
Newcastle-upon-Tyne Incorporated Law Society, 28, 247
Norwich Law Students' Society, 395
Nottingham Law Students' Society, 8, 63, 99, 138, 245, 261, 314, 359, 413, 449 Plymouth, Stonehouse, and Devonport Law Stu- dents' Society, 45, 81, 99, 138, 244, 281, 345 Sheffield District Law Students' Society, 81, 99, 244, 302, 345, 397, 414 Shropshire Law Society, 285 Solicitors' Benevolent Association, 12, 50, 191, 381, 454
United Law Clerks' Society, 191, 246, 319, 345, 435, 469.
United Law Students Society, 8, 28, 45, 63, 81, 99, 117, 188, 210, 227, 244, 261, 302, 315, 345. 359, 379, 395, 431, 450, 467 Wolverhampton Law Students' Society 281, 395, 360, 431
Worcester Legal Debating Club 363 Worcester and Worcestershire Law Society,
Actions for differences-Gambling contracts and Easement of lateral support, the, 445 time bargains, 274
Appeal and new trials, 238
Pending bankruptcy, pleading a, 57
Estoppel by negligence in the custody and transfer Pleading and discovery-What are
of negotiable instruments, 372 Executions and bankruptcy, 311 Executor de son tort, concerning an, 75
of Extradition Act 1870, the, 111
Attachment of debts-Solicitors' lien, 129 Bankruptcy, the right of appeal in, 443 Bankruptcy Act 1869, Sect. 23-Disclaimer lease by trustee-Tenants' fixtures, 202 Bankruptcy adjudication, the effect of, 239 Bankruptcy Amendment Bill, the, 291, 327, 353, 373, 443, 463
Bequests of personalty to "heirs," 426 Bills of sale and bankruptcy, 149 Civil courts of the city, 166 Codicil, the effect of a, 111
Commission, right of agent to, when employed by both parties to a contract, 4 Concealment of material facts by promoters of company, 94
Contract of sale-Duty of purchaser to test alleged representation, 391
Costs on counter-claims, 372
Counter-claims, the nature and effect of, 147 County Court injunctions, 220 County Court system, the, 146, 203 County Courts Bill, the, 130, 310
Probable results of the passing of the, 328 Criminal procedure, Scotch and English, 292 Criminal liability of newspaper proprietors, 164 Damages, measure of-No ascertainable market, 76 Discovery, some points in the law of, 165
Felonious act, right of action for, 408, 425
Pleadings, "inconsistency" as an objection to, 92 Queen's Bench Division and the Ecclesiastical Courts, the, 20
Railway commissioners, the, 221
Fletcher v. Rylands, the application of the prin- Railway companies to shut carriage door, the ciple of, 184
Foreign attachment as a security, 355 Hackney carriages-Passengers' luggage, 93 Highway, the consequences of an obstruction of the, 76
Infants' Relief Act 1874, the, 131, 293 Immunity of foreign men-of-war, 255 Judges' Chambers, new rules at, 21 Liability of executors of shareholders in banks. 148 Licensing laws and the select committee of the House of Lords, 391
Married women, payment of costs by, 3 Mercantile law, recent decisions affecting, 40 Methods of setting aside the compromise of an action, 183
Mortgage Trusts for sale and the statute of limitations, 371
Parish church, liability of parishioners to repair the, 4
Parol evidence, the admissibility of, to rebut pre- sumption of satisfaction, 22
duty of, 407 Receiving, 39
Revival of debts barred by bankruptcy, 183
Revival of trust for sale in favour of a statute- barred mortgagor-Re Alison, 275 Rivers, the pollution of, 256 Royal Courts of Justice, the, 461 Rules of court, the new, 462
Specialty debts and the statutes of limitation, 389 Statutes of limitation be raised by demurrer? can the, 113
Summary Jurisdiction Bill, the, 389, 460 Trustee Relief Act, payment of policy money into court under the, 39, 57
Trustees in unlimited banks, 444 Undertakings to specifically appropriate pay- ments, 204
Unmarried-Without having been married, 371 Unpaid vendors of land and railway companies, 219
What is a bare trustee? 273
not in itself ground for an adjournment, if he aware that an inquiry was impending. The Mesopotamia, 283
Practice Service of notice of date of inquiry. The fact that the master was only served with notice of the date of the inquiry on the day before that appointed for the investigation, is | Wreck Commissioner's court as a court of survey
Arnold, E., 346 Arnould, A. H., 123 Arundel, C. E., 248 Bacon, F. Henry, 87 Barnett, Louis, 123 Bartley, T. H. R., 193 Beal, E. W., 105 Beall, R., 419 Benett, C. H., 212 Bennett, Norman, 437 Boyd, Walter, Q.C., 212 Brettell, Henry C., 230 Broadbent, H. H., 33 Brown, Richard, 179 Buchannan, A., 69
Burke, S. Constantine, 69 Calkin, J. W. Arch, 285 Campbell, James, 193 Carill, Briggs, 437
Dixon, T., 50
Dodds, Joseph, M.P., 212 Down, J. Dundas, 192 Doyle, J. T., 266 Dransfield, W., 248 Dyett, E. W., 87 Ellen, W. N., 347 Ennion, Joseph, 346 Evans, R. Young, 347 Faithfull, Frank, 346 Farish, Isaac, jun., 179 Flegg, W. M., 179 Flowers, G. A., 471 Foord-Kelcey, G., 33 Foster, R., 123 Fowell-Watts, P. H., 248 Fowler, T. F., 456
Francis T. Musgrave, 400 Franklin, T. M., 178 Galvin, T. R., 212 Gardner, A. H., 192 Gaye, Henry Searle, 248 Gell, Inigo, 13
Gepp, Thomas Morgan, 382
Gepp, Walter Payne, 382 Goble, Edgar, 13
Green, H. Martin, 321 Gregson, F., 248
Gregg, W. V., 124
Hamilton, J. P., Q.C., 437 Hare, F. T., 142
Hartshorne, B. F., 160 Hastings, George W., 50 Haynes, G. A., 160 Hobson, C. W., 302
Hobson, Ernest E., 456 Holland, W. R., 142 Houghton, W., 212 Howell, C. E., 192 Hughes, A. J., 193 Hughes, J. C., 142 Hutchings, A. B., 123 Jackson, A. R., 161
Jackson, E. Hugh, 285 Jackson, H. Innes, 456 Janeway, W. H., 230 Johnson, Frederick, 178 Jones, C. A., 400 Jones, H. J., 248 Jotcham, Llewellyn, 346 Kingsford, Cecil, 69 Ladd, H., 365
Lee, J. Harcourt, 285 Lear, Upperton, 193 Lewis, Thomas, 266 Lloyd, Herbert, 212 Mace, W. Glover, 212 McKeever, J., 193 Marsham, R. H. B., 302 Mayne, J. T., 266 Michelmore, Henry, 178 Milnes, J. Jessop, 347 Monroe, John, Q.C., 160
Moody, Turnbull, and Graham, Messrs. Thompson, W., 87
Moore, R. H., 192
Newill, R. D., 33
Page, W. Tomlinson, 346
Paige, H., 105
Palmer, C. W., 302
Parrott, Joseph, 419
Paul, R. M., 365
Pavy, W. H., 123
Peele, Richardson, 419
Peters, C., Penhallow, 382
Prentice, Samuel, Q.C., 419 Radcliffe, R. C., 87 Radford, W., 456 Rance, H. W. H., 160 Rance, H. W. H., 178 Rawle, F., 419 Rawlins, H., 69 Rawlinson, A. W., 178 Rennie, R. T., 69 Ricca, J. H. de, 230 Riley, H., Lindon, 179
Tweedy, H. J., 456
Twiss, E. C., 33
Turner, The Hon. C. H., 346
Venning, J. Esdaile, 266
Vere, Charles, 69
Ward, S., 69
Watts, Francis, 437
Watts, William, 87 Whale, G., 193
White, G. Graham, 240
Wheatley, J. L., 230 Whitehead, T. Ñ., 69 Wilding, W., 471
Williams, Monier F., 123
Wilks, Montague, 347 Willis, D. T., 179
Wilmot, S. C., 193 Willoughby, W., 456 Wilson, C. Eustace, 321 Wilson, J. W., 13 Wood, J. P., 456
SOLICITORS' JOURNAL OF PLEADING, PRACTICE, AND LAW.
Appeal-Time-Decision of fact in the Chancery Order XIV., r. 1-Leave to defend-Bringing
Division (Krehl v. Burrell), 134 Appeal from Chambers, 150
Notice of motion (Traherne v. Traherne), 135 Assignment of chattels-Receipt-Bills of Sale Act-Registration (Ex parte Cooper; Re Baum),
Bankruptcy prosecutions-Costs of, 428
Consent to sell property out of court-Sale by solicitor of plaintiff in a cause (Molony v. Molony), 136
Contract or tort-The County Courts Act-Costs (Fleming v. The Manchester, Sheffield, and Lincolnshire Railway Company), 135 Copyright, paper on, 41 Costs, 393
Farthing damages (Bowie v. Bell), 152
Farthing damages Slander (Mitchell V. Longbottom), 429
Plea of tender and payment into court
Taking out in satisfaction (Goldsmith and others v. Evans and another), 313 Counsels' fees-Refreshers (Harrison v. Wearing), 377
County Court appeal-Pledge-Authority to re- deem-Agency-Lien of agent-Right of owner (Montgomery v. Bear and another), 411
Judges' Chambers, Regulations for the conduct of business at, 25
Libel-The criminal liability of newspaper pro- prietors for libels when competent editors have been appointed (The Queen v. Holbrook), 151 Licensing Act, 1874, s. 16-Admission of Con- stable to licensed premises, 452 Matrimonial Causes Act 1878, 79 Mine managers and their authority, 451
Mines regulations- Responsibility of certified manager, 118
money into court-Equitable set-off (The Central African Trading Company v. Grove), 152 Pleading, and its consequences, a slip in, 60 Pleading Demurrer Specific statement of ground in law-Order XXVII., r. 2—App. (C.), form 20-Setting aside demurrer. A defendant, having obtained leave from the Court to defend and demur, delivered his statement of defence, and demurred to the statement of claim, "on the ground that the facts alleged therein do not show any cause of action in the plaintiff against the said defendant, and on other grounds suffi- cient in law to sustain this demurrer." Upon the hearing of a motion, on behalf of the plaintiff, to set aside this demurrer as embarrassing, and filed contrary to the provisions of the General Orders, as not specifying some ground in law for the de- murrer. Held, that the demurrer was bad, not having complied with the require- ments of Order XXVII., r. 2, and should be set aside (Dunville v. Alexander), 447 Reply Departure - Inconsistent pleading- Setting aside, as raising a different ground of claim-Jud. Act, sched., r. 22; Order XVIII., r. 12; Order XXVI., r. 1. A plaintiff cannot by his reply put forward a different claim from that contained in the statement of claim. He should amend his statement of claim under Order XXVI., r. 1. A plaintiff cannot plead a set-off to a counter-claim (Duckworth v. M'Clelland),
Judicature Act, Sched. rr. 21,23-Order VIII., rr. 3, 16 (Doyle v. Hort), 171 Statement of defence-Setting aside-Raising immaterial issue - Judicature Act, Sch. r. 28-A defendant cannot put forward by way of defence matters which would merely go in reduction of damages (Lalouette v. Robson), 153 Poor rate appeal-Sect. 19, Judicature Act 1873 (Overseers of Walsall v. The Queen, on the Prosecution of the London and North-Western Railway Company), 78 Practice-Administration action-Parties having liberty to attend-Costs (Durant v. Arnold), 241
Appeal-Extension of time (Burke v. Rooney),
County Court Appeal (Davis v. Godlehere), 393
Remitting action-Computation of time to move-Sunday-C. L. P. Act, 1853, s. 232 -33 & 34 Vict. c. 109, ss. 5, 6-Jud. Act, s. 60-Order LVII., r. 2. Sundays are not included in the time allowed for moving to remit actions to the inferior courts under the C. L. P. A. Act, 1870 (Middleton v. Egan), 153
Principal and agent Solicitor and clerk- Tender to clerk- Refusal-Authority to re- ceive, 358
Solicitors' bill of costs-Frivolous appeal (Re G. J. Simpson), 43
Solicitors' costs (Re Leadbitter and Harvey), 43 Statute of Limitations-Raising by demurrer (Dawkins v. Penrhyn), 79
Vendors and Purchasers Act 1874-Sale of free- hold-Non-delivery of abstract of title-Appli- cation by purchaser for return of deposit money, with interest, costs, &c., 313
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