SUPREME COURT.

Ashburton Guardian, Volume XIV, Issue 2893, 8 February 1893, Page 3

SUPREME COURT.

PER PKESS ASSOCIATION-. Dunedin, February 7. In the Supreme Court to-day, argument was heard in chambers on a motion on behah of a Southland defendant in a Picturesquo Atlas case, to have the action tried at Jnvercargill. Mr Justice Williams made an order for a trial at Invercargill. In dainjf ho he siid that plaintiffs need not have come to the Supreme Court un less they had liked, there being another tribunal provided by law for the trial of these cases. No duubt they were within their rights in coming to the Supreme Court, but the Couit was perfectly justified in taking into consideration the existence of a competent tribunal close by the residence of defendant to which plaintiff ought to have resorted. Argument was also heard before Mr Justice Williams on an appeal against an order made by District Judge Rawsqn, sitting? in bankruptcy, by which, notwithstanding that Alexander McKillop had filed in bankruptcy, proceedings under the Imprisonment for Debt Abolition Acfc, 1874, should be allowed to go on, McKillop had been sued in the Supreme Court at In»ercargill lot breach of promise, and a verdict given for £25. An order was made by Mr Justice Wi'liams for payment of the judgment by instalments of 15s per week. McKiliop then filed, and Judge Rawson trade an order allowing proceedings under the order by Mr Justice Williams to go on notwithstanding the bankruptcy. The question on appeal was whether Judge Rawson should have granted leave to proceed under the order. The appeal was dismissed, Mr Justice Williams saying that there was practically only one creditor, and where the claim arose out of disgraceful conduct on the part of bankrupt, the Court was perfectly justified in allowing proceedings against the bankrupt to continue. .