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Citation
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Judgment date
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| December 1911 |
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Reported
A partnership may not generally prove against a partner's insolvent estate; the English 'distinct trade' exception is left open for South Africa.
* Insolvency/partnership – general rule that a partnership may not prove against a partner's insolvent estate. * Admissibility – requirement that debt arise independent of partnership relations or business. * Comparative law – English exception for partners carrying on distinct trades; applicability in South African law left open.
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5 December 1911 |
| November 1911 |
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Reported
Evidence - Declaration against Pecuniary Interest made by Person now deceased
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24 November 1911 |
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Reported
Specific Performance - Executor - Compelling Consent of Executor to Expenditure of Money in performance of Contract pending Sequestrration of Estate
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17 November 1911 |
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Reported
Company - Meeting - Power of Shareholders to Convene - Act 31 of 1909, sec.31 - Company registered prior to
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16 November 1911 |
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Reported
lnsolvency - Secured Creditors - Right of General Bondholder to Vote at Meetings - Law 13 of 1895, sec.62
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9 November 1911 |
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Reported
Will - Vesting - Bequest of Usufruct to A., with gift over to her children - Rights of Children
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9 November 1911 |
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Reported
Practice - Change of Venue - When no Jurisdiction to try - Proclamation 14 of 1902, sec.29 - Husband and Wife - Divorce - Malicious Desertion - Jurisdiction of Witwatersrand Local Division
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2 November 1911 |
| October 1911 |
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Reported
Arbitration - Submiission - Discretion of Court to order Reference - Interpretation of Agreement to Refer - lndivisible Claims - Question of Custom - Academic Questions
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12 October 1911 |
| September 1911 |
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Reported
Banker - Principal and Agent - Action on Promise to Pay made to Manager of Bank as such - Mortgage - Capital Payable on Demand - Demand by Summons - Costs
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21 September 1911 |
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Reported
Costs - Scale - Magistrate' s Court Scale - Ejectment Orders - Procl.21 of 1902, sec.27
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21 September 1911 |
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Reported
Landlord and tenant - Quiet Enjoyment - Commodus Usus - Leave and Licence - Power of Grantee to Revoke - Leave to put window in wall - Nuisance - Building Operations in a Town
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14 September 1911 |
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Reported
Negligence - Driving - Duty of Pedestrians in Public Street
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12 September 1911 |
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Reported
Declaration of Rights - Action for - lnfringement
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8 September 1911 |
| August 1911 |
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Reported
Lunatic - Curator ad litem - Action against undeclared Lunatic - Procl.36 of 1902
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10 August 1911 |
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Reported
Provisional Sentence - Lease subject to confirmation - Liquidity
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10 August 1911 |
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Reported
Bills of Exchange - lndorsement - Company lndorsement - Authority of Signatories - "Without recourse against"
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10 August 1911 |
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Reported
Husband and Wife - Divorce - Evidence - Adultery - Woman living in House of ill fame
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3 August 1911 |
| July 1911 |
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Reported
Execution - Attachment of Wages.- Garnishee Proceedings.- Power of Superior Courts - Act 30 of 1908, sec.6.
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12 July 1911 |
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Reported
Company. - Winding-up - Liquidator - Powers - How Conferred - Act 31 of 1909, sec.127
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4 July 1911 |
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Reported
Company - Winding-up - Foreign Liquidator - Recognition - Jurisdiction of Witwatersrand Local Division - Act 7 of 1907, sec. 3
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4 July 1911 |
| June 1911 |
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Reported
Husband and Wife - Divorce - Jurisdiction - Witwatersrand Local Division - Husband Domiciled in Transvaal.
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29 June 1911 |
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Reported
Prison - Confinement of Prisoners pending Trial - Differential Restriction of Liberty - Power of Governor of Gaol - Ord.6 of 1906 -Gaol Regulations of 28th Dec., 1906
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26 June 1911 |
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Reported
Doctrine of Election - Master and Servant - Workmen's Compensation - Election to proceed under Act 36 of 1907 or at Common Law - Acceptance of Statutory Compensation.
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23 June 1911 |
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Reported
Insolvency - Voluntary Surrender - Schedules - Application to Surrender Private and Partnership Estates - Law 13 of 1895, sect.3
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23 June 1911 |
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Reported
Husband and Wife - Divorce - Bars - Collusion - Intervention by Third Person - Jurisdiction - Domicile - Proof by of Want of Jurisdiction Third Person
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23 June 1911 |
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Reported
Executors - Actions.- Death of testator after Litis Contestatio - Order for Costs without joining Executors
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23 June 1911 |
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Reported
Negligence - Dangerous Premises - Excavation not near Road - Licensee. - "Open Working" - Mines, Works and Machinery Regulations - Act 32 of 1909.
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23 June 1911 |
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Reported
Defamation - Statement referring to Class of People - Rights of Individuals of the Class - Evidence - Proof of Reference of Statement to Individual - Opinion of Person hearing Statement - Proof of Intention and Damages.
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19 June 1911 |
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Reported
Costs - Conditional Order - Costs granted on Return Day when not ordered in Rule nisi.
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15 June 1911 |
| May 1911 |
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Reported
lmpovments - Right of person who, with consent of owner, occupies land not under a lease, but with intention of paying rent - Placaat of 1658.
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29 May 1911 |
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Reported
lmprovements - Rights of Tenant under Void Lease - Placaat
of 1658.
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29 May 1911 |
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Reported
Costs - Taxation - Counsel's Fees - Number of Counsel - Taxing Master's Discretion.
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26 May 1911 |
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Reported
Church - Rules - Meetings - Notice of Objects.
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19 May 1911 |
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Reported
Husband and Wife - Ante-Nuptial Contract - Effect of Verbal Ante-Nuptial Agreement to be Married by Ante-Nuptial Contract - Evidence - Conversation between Spouse and Attorney.
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18 May 1911 |
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Reported
Evidence - Marriage Certificate of Marriage in England -Authentication otherwise than according to Government Notice 1084 of 1905 - Ord.31 of 1904 - Law 3 of 1871, sec.18.
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18 May 1911 |
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Reported
Practice - Staying Proceedings - Where Costs of Previous Proceedings Unpaid - Application by Debtor to Surrender Estate.
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11 May 1911 |
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Reported
Executor - Liquidation and Distribution - Validity of Acts of Executor without Title - Mistake - Mistake of Law - Principal and Agent -Ratification - Estoppel - Principal Estoppel by Acts of Agent.
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3 May 1911 |
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Reported
Defamation - Privilege - Report of Judicial Proceedings - Fair Comrnent -"Moral Pervert"
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3 May 1911 |
| April 1911 |
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Reported
Contract - Condition Precedent - Trading on Mining Stands - Partnership - Recognition of Partner by Board - Act 35 of 1908, sec. 94 (2).
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28 April 1911 |
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Reported
Practice - Setting Aside Proceedings - Decree of Divorce - Probability of Success - Wasted Costs - Security for Costs.
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27 April 1911 |
| March 1911 |
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Reported
Husband and Wife - Divorce - Condonation of Adultery.
Forgiveness without knowledge of Disease contracted by act of Adultery. |
23 March 1911 |
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Reported
Company - Winding-up - Confirmation of Accounts - Release and Discharge of Liquidator - Destruction of Books - Practice - Act 31 of 1909, Secs.133, 135(l), and 192 (2). |
23 March 1911 |
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Reported
Partnership - Dissolution - Admission of new Partner - Liability of new Firm for acts of old Firm - Action against new Firm - Pleadings.
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23 March 1911 |
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Reported
lnsolvency - Stay of Actions - Vindicatory Proceedings against Provisional Trustee - Law 13 of 1895 - Sale - Mortgage or Sale - Hire Purchase Practice - Motion or Action - Possession.
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13 March 1911 |
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Reported
Company - Reduction of Share Capital - Petition for confirmation of resolution - Rights of Creditors - Practice - Act 31 of 1909, sect.45. |
9 March 1911 |
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Reported
Contract - Formation - Acceptance - Guarantee to be supplied - Time within which guarantee required - Interpretation of Offer.
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1 March 1911 |
| February 1911 |
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Reported
Estoppel - Conduct - Ownership - Owner allowing Possessor to appear as Owner - Rights of bona fide Purchaser from Possessor. |
14 February 1911 |
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Reported
Insolvency - Costs - Compulsory Sequestration - Concurrent
Applications - Law 13 of 1895.
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7 February 1911 |
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Reported
Company - Winding-up - Stay of actions - Leave to institute - Time - Costs - Act 31 of 1909, sect.119.
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7 February 1911 |
| January 1911 |
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Reported
Sales - Contract - Offer and acceptance - Time of payment.
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17 January 1911 |