A Digest of Reported Cases in the Supreme Court, Court of Insolvency, And Courts of Mines of the State of Victoria, And Appeals Therefrom to the High Court of Australia And the Privy Council : for the Years 1913 to 1917 Inclusive

Cover A Digest of Reported Cases in the Supreme Court, Court of Insolvency, And Courts of Mines of the State of Victoria, And Appeals Therefrom to the High Court of Australia And the Privy Council : for the Years 1913 to 1917 Inclusive

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It appeared by the affidavits that the defendant was a hawker and that he never had a place of abode at X.'s, and had received notice of the summons only the day before the hearing, and he could not attend the Court personally. Held, that there was no service of the summons and therefore no jurisdiction, and that although the affidavit was prima facie evidence of service the Jus- tices should have granted an adjournment when tiiey were warned that there was an objection to service. Pritchard v.... Jeva Singh, (1915) V.L.R., 510; 37 A.L.T., 50; 21 A.L.R., 350. Madden, C.J. [Special leave to appeal to High Court refused, 20 C.L.R., 570].
Service, affidavit of — Evidence that defend- ant is identical witb peison served, necessity for— Justices Act 1890

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