Michael Boyle (abt. 1846)

Born about 1846 in Colony of Victoria, Australia

Biography

Michael was born about 1846. He is the son of William Boyle and Winifred Corcoran.

The Argus (Melbourne) Saturday 10 August 1867

BOYLE V MOORE

An action by Michael Boyle against James Moore, official assignee of the estate of Winifred Boyle (mother of plaintiff), to recover damages for an illegal seizure and detention of the plaintiff's horses, waggons, and other farming stock.

Mr Byrne for the plaintiff.

Mr Wrixon for the defendant.

The goods had been seized by - Young, the usual agent and bailiff of the defendant for making seizures of insolvent estates vested in him as assignee, but had been surrendered after the discovery that they were really the property of the son, and not of the mother. The questions at issue were- (1) Whether Young was the agent of the defendant at all in this transaction at the moment of the seizure, (2) whether Young was the agent of the defendant to seize and detain the goods claimed by the plaintiff in this action. The defendant himself was called as a witness for the plaintiff. He said at once that Young was his agent generally, and that he was his agent in this case , but as to the latter agency he said it had been expressly defined by written directions to seize only certain goods enumerated by Winifred in her sworn schedule as part of her estate, and immediately on the discovery that the plaintiff was the owner of the goods now claimed by him. Young was instructed by the letter to restore to the plaintiff his property. Young also was called as a witness for the plaintiff. He swore that immediately he received the defendants letter to restore he wrote to plaintiff telling him the goods were at his disposal if he called, but the defendant did not call, and actual restitution was not made till some further time afterwards. It was proved that the two horses were lost, and not recovered by plaintiff for nearly a month of the ploughing season.

Defendants counsel asked for a nonsrit contending that the evidence clearly showed Moore not to be liable, however liable Young might be.

His HONOUR said be would send the case to the jury. The jury found a verdict for the defendant. The court adjourned until Saturday (this day) at 10am.

Australian Town and Country Journal (Sydney, NSW) Saturday 6 July 1872 - Page 9

Miscellaneous Items

A curious suit in equity has been decided in the Kyneton County Court, Victoria. A farmer named William Boyle died some years ago, leaving his widow to apportion his estate amongst the family, but providing that Michael Boyle, his son, should get twenty-one acres of land at the age of twenty-one, only if any of the children transgressed lawful commands, whatever share they had was to be absolutely forfeited. Michael, in 1871, sold his interest in the will to Mr. J. P. Carolin, but the widow refused to give him the land, on the ground that her son was a confirmed drunkard, and had habitually transgressed her commands. The case was argued at length before the court, and the result was that his Honor gave a verdict for the plaintiff. Notice of appeal was given. ^[1]

Sources

1. ↑ 1872 'Miscellaneous Items.', Australian Town and Country Journal (Sydney, NSW : 1870 - 1907), 6 July, p. 9. , viewed 05 Jan 2021, http://nla.gov.au/nla.news-article70495560

• Pioneer Index. Victoria 1836-1888 (cdrom): 1846 BAPTISM, Michael BOYLE, St Francis, Melbourne, Reg Number: 1956 & Reg Number: 39611

See also

• 1872 'SUPREME COURT.', The Kyneton Observer (Vic. : 1856 - 1900), 7 September, p. 2. , viewed 05 Jan 2021, http://nla.gov.au/nla.news-article240912305
• 1875 'POLICE.', The Kyneton Observer (Vic. : 1856 - 1900), 29 July, p. 2. , viewed 05 Jan 2021, http://nla.gov.au/nla.news-article240920467