Supreme Court Orange Free State Provincial Division - 1910 July

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4 judgments

Citation	Judgment date
July 1910
R v Brits [1910] ZASCOFSPD 8 (29 July 1910) Reported Where a preparatory examination was before a different magistrate, subsequent trial proceedings after remittal were unlawful and quashed. Criminal procedure – remittal of charge – preparatory examination taken before one magistrate – evidence read over at trial before different magistrate unlawful – s.87 Ordinance 7 of 1902 – subsequent proceedings quashed; trial de novo ordered.	29 July 1910
Jackson v Pretorius [1910] ZASCOFSPD 7 (12 July 1910) Reported Edictal citation and arrest to found jurisdiction remain necessary despite the South Africa Act’s procedural provisions. Procedure — Arrest to found jurisdiction and edictal citation — Effect of South Africa Act (secs. 98, 112, 113) — Provincial divisions’ jurisdiction unchanged — Attachment of rights under writ of execution as temporary interdict.	12 July 1910
Ochse v Haumann [1910] ZASCOFSPD 6 (12 July 1910) Reported Single acts of insolence or bona fide retention of commissions do not automatically justify summary dismissal; dismissal held wrongful. Master and servant — wrongful dismissal — insolence as ground for summary dismissal must be very aggravated if single occasion; competition with master; bona fide belief in entitlement to commission not necessarily misconduct; proof required for holding out as partner; assessment of damages where interdict application affected relief.	12 July 1910
De Villiers v Parys Town Council [1910] ZASCOFSPD 5 (9 July 1910) Reported Purchase and sale.-Land sold in lots.-Mistake of purchaser. Auction .-Sec. 49 of Ordinance 12 of 1906.	9 July 1910