|
Citation
|
Judgment date
|
| August 1880 |
|
|
Reported
Court refused to authorize remarriage after prolonged absence; no judicial presumption of death on ex parte application.
Matrimonial law – desertion – remarriage – presumption of death – absence and due inquiry – administration/liquidation of absent person’s estate on security – jurisdiction to compel marriage officer – bigamy defence (good faith belief of death).
|
31 August 1880 |
|
Reported
An indorsee’s unreasonable delay in presenting a cheque bars recovery against a prior indorser unless actual loss to the drawer is shown.
Negotiable instruments — Cheques — Presentment within reasonable time — Delay by indorsee constitutes negligence and defeats claim against prior indorser; prior indorser’s brief neglect not a defence absent proven loss to drawer.
|
30 August 1880 |
|
Reported
A locally-elected colonial bishop lacks succession under letters patent and cannot claim church property held for the Church of England.
Ecclesiastical law – letters patent – succession to colonial bishoprics – requirement of Crown nomination and consecration by Archbishop of Canterbury. Church status – Church of the Province of South Africa vs Church of England – effect of provincial canons repudiating binding force of Queen-in-Council decisions. Trusts and property – cathedral site held under Crown grants and colonial statutes for Church of England uses – civil enforcement against unilateral ecclesiastical change. Civil enforcement – limits on civil courts enforcing internal ecclesiastical changes that would override statutory or trust obligations. Procedure/tribunal – competence and constitution of diocesan court; estoppel from participation in synods/election.
|
26 August 1880 |
|
Reported
Boarders who do not pay a separate room rent are not "resident householders"; votes by such boarders can invalidate an election and lead to apportioned costs.
Municipal elections – Qualification of voters – "Resident householder" under Ordinance 9 of 1836 s.48 and Act 13 of 1864 ss.7–8 – Boarders in boarding-houses who do not pay separate room rent are not resident householders; votes given by such boarders invalid – Election void as to affected candidate; costs taxation and apportionment where mixed success.
|
19 August 1880 |
|
Reported
Rule in the nature of a mandament van spo lie granted. |
18 August 1880 |
|
Reported
Effect of fraud upon transfer of dominiwm. |
13 August 1880 |