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Citation
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Judgment date
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| February 1880 |
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Reported
A third-party signature on a promissory note creates suretyship not liquid liability; provisional sentence therefore unavailable; rural leases cannot be sublet without landlord consent.
Bills and notes – endorsement – signature by third party on back of promissory note constitutes suretyship (aval), not primary negotiable liability – provisional sentence not available; Norton v. Satchwell followed. Property/tenure – rural leases (praedia rustica) – lessee may not sublet or assign lease without landlord consent under colonial law and relevant ordinances.
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28 February 1880 |
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Reported
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20 February 1880 |
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Reported
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20 February 1880 |
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Reported
Appropriation alone did not create an enforceable personal entitlement to the Bishop’s travelling allowance; claim dismissed.
Appropriation law – Ministerial allowance – Whether an appropriation in a schedule or departmental minutes creates a vested individual right – Contractual obligation of Crown – Effect of legislative resolution and of repeal with reservation – Trustee status of Government.
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10 February 1880 |
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Reported
Act 1 of 1861, § 15.-Act 19 of 1874, § 3.-Act 9 of 1858, §§ 11, 12, 13.-Public Roads.-Right of Crown to erepropriate lands for purpose of making such roads.Rule as to municipal lands, |
10 February 1880 |
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Reported
Insolvency.-Fradulent alienatior by insolvent.-Ord. 6, of
1843.-Common law as to insolvency how Jar abolished. |
10 February 1880 |
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Reported
A personal-injury action abates on a party's death unless litis contestatio occurred before death.
Actio iniuriarum – death of party – effect on action – litis contestatio – takes effect when case is ripe for hearing or defendant legally debarred – incomplete filing and lack of required notice do not constitute litis contestatio.
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2 February 1880 |
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Reported
Defendant not liable to contribute until a legally final liquidation — assets collected and remedies exhausted.
Contribution; meaning of 'final liquidation' — requires collection of all assets and exhaustion of legal remedies; voluntary subscriptions do not necessarily amount to final liquidation; excussion principle; unlimited shareholder liability and calls; construction of settlement agreements.
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2 February 1880 |