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Citation
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Judgment date
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| June 1880 |
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Trustees may not profit beyond statutory commission without creditors' authority; reasonable bona fide expenses can be recovered.
Insolvent estates — Trustee remuneration — Trustee cannot profit beyond statutory commission absent creditors' authority; unauthorised auctioneer's commission disallowed; reasonable bona fide out-of-pocket expenses (e.g. travel) may be allowed; disputed advertising/account charges disallowed; costs payable from estate.
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30 June 1880 |
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A messenger who seizes and sells goods known (by debtor) to belong to a third party is liable to that third party.
Attachment and execution – messenger/sheriff may seize only debtor's goods; seizure of goods claimed by a third party after debtor’s warning is at messenger's peril; messenger liable to true owner for value and damages.
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23 June 1880 |
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Reported
Pactum de non petendo.-Consideration. |
18 June 1880 |
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Reported
A post-contractual composition may be pleaded as a defence without consideration; deaf-mute not automatically freed from curatorship; river declared boundary.
* Prescription – immovable property – interruption of prescription requires judicial interpellation; summons to appear sufficient.
* Boundaries – declaration that river is boundary between adjoining farms.
* Curatorship – deaf and dumb person not automatically released from curatorship; appointment of curator bonis appropriate where necessary.
* Contract law – pactum de non petendo/composition – post-contractual composition can be pleaded as defence without consideration; Perry v. Alexander approved.
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17 June 1880 |
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Reported
Act 6, of 1861, § 7.-Act No. 7, of 1865.-Prescription. |
11 June 1880 |
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Reported
Governor's Commission.-Letters Patent of August 20, 1872.Letters Patent of February 26, 1877.-Interpreter of Supreme Court. |
8 June 1880 |
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Reported
Arrest under Rule of Court 8. |
3 June 1880 |
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Reported
Measure of damages in m action for trespass.-Animals ferre
naturre. |
2 June 1880 |