Cases decided in the Supreme Court of the Cape of Good Hope during the years 1850-

Front matter

LAW Llbtm»<^

Cornell University Library KG 3809.31850 v.1-5 Cases decided in tlie Supreme Court of th

Cornell University Library

Preface

In presenting to the public, and more especially to the legal profession, a volume of Reports of Supreme Court Cases decided thirty years ago, it is right to state the materials that have been used in compilation, in order that the degree of their authority and the reliance to be placed upon them may be correctly gauged. It wiU be admitted that it is of firstrate importance that the continuity of our Law Reports should be established as far as possible, and it is, therefore, in contemplation to fill up the gap at present existing between 1850, where Menzies' Reports cease, and 1868, where those of Mr. Justice Buchanah coinmence, by a series of volumes, of which this is the first. The materials from which these Reports have been compiled are, the Supreme Court records, the reports in the current newspapers, and the note-books of Chief Justice Wylde. In cases where the judgments appear to be fragmentary and incomplete, there have been no newspaper reports, and the notes have had to be relied on solely. All cases in which important points of law or practice arose have been inserted, and it has been thought advisable to report those where the construction of statutes, since repealed, was in question, as such interpretations are often of use by way of analogy.

M. W. Searlr.

Cape Town,

September, 1884.

INDEX OF CASES EEPOETED IN VOL. I.

PAOE

Allen, Trustee of, vs. Orooks . . . . . . . . . . . . 173

Baartman and Nordon vs. Executor of Norton . . . . . . 297

Berrange vs. Gombrinck . . . . . . . . . . . . . . 64

Bredenkamp vs. De Villiers . . . . . , . . . . . . 34

Birkenruth vs. Shawe, Hoole & Go. . . . . . . . . . . 39

Campbell vs. Douglas . . — . . ... . , . . . . 48

Capetown Municipality vs. Stidworthy . . . . . . . . 161

Cauvin vs. Landsberg . . . . . . . . . . . . . . 86

De Smidt, vs. Steytler 136

De Vos D«. Goridon and Kriel .. .. .. .. .. .. 121

Enslin vs. Truter 207

Evans vs. Van der Plank and Oleghorn, Sheers' Executors . . . . 252

Haupt, Trustee of, vs. P. J. Haupt & Co. . . . . . . . . 287

Johnston vs. Byrne and Lamport . . . . . . . . . . 157

Ldddle, In re. Grozier vs. Browne . . 251

Malan vs. Schalkwyk and Odendaal . . . . . . . . . . 225

Maxwell, Wright & Go. vs. Deare & Dietz . . . . . . . . 50

Merritt «s. Mandy 133

Pote vs. Graham's Town Municipality .. .. .. .. ..131

Queen vs. Berg 93

Rivers, Treasurer- General, vs. Capetown Municipality . . . . 141

Rudd vs. Theron 76

Salom, Trustee of, vs. Croll . . . . . . . . . . . . 12

Seaward vs. Seaward 247

Serrurier vs. Executor of Oautz . . . . . . . . . . . . 106

South''African"Bank,'^Trustees of, vs. Prince • • 198

IV

PAGE

Standen vs. Godfrey

Steytler vs. Brink . .

Tier vs. Tonkin

White vs. Klkington

Wollaston, Trustee of, vs.

Wollaston . .

Wright vs. Barry . .