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Smith V Smith
''Smith v Smith''1947 (1) SA 474 (W). is an important case in South African case law, law, in particular in the area of civil procedure. It was heard and decided in the Witwatersrand Local Division by Millin J on 22 January 1947. An action for judgment on motion under Rule of Court 42, the case concerned the service of summons at the defendant's place of business, and specifically whether or not the definition of "place of business," in terms of Rule of Court 20, was met by the place at which the defendant is employed. In other words, could it be said of the employee of a business that his "place of business" was the place of that business? The court held that it could not. The plaintiff was represented by P. Cillie of Sasto & Louis. Facts A return of service on a defendant, cited as "a learner miner, No. 11 Shaft, Rand Leases," read as follows: This is to certify that on 13th December, 1946, after failing to find defendant personally, I handed a copy of the summons to Mr. J. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
