SUPREME COURT.—In Banco.

Auckland Star, Volume I, Issue 101, 6 May 1870, Page 2

SUPREME COURT.—In Banco.

FRIDAY, MAY 6th.

(Before his Honor Sir G. A. Arney, Knight,

Chief Justice.)

His Honor took his seat on the Bench at 11 o'clock.

O'BBIEN V. CABTBE—INJUNCTION.

Mr. Whitaker, on behalf the plaintiff, applied for an injunction to restrain the defendant from committing waste on certaiu land (section 23 and 24, of the suburbs of Auckland), by quarrying and digging out scoria. Mr. Whitaker said that Mr Laughlin O'Brien was mortgagee of certain property belonging to Mr. John Williamson. He brought an action against the defendant under direction of the Supreme Court, claiming damages of £500 for waste committed upon the land so included in the mortgage security. The declaration set out that the plaintiff was mortgagee in fee simple, and that the defendant, at divers times, had quarried and dug stone out of the land, &c. An affidavit by Mr. H. Ashton was read to the effect that he saw certain men at work there up to the sth of May, and believed they were still working there. A provisional injunction was granted in accordance with the terms of the application.

IN THE ESTATE OF NATHANIAL GTFFOBD, DECEASED —BEOBATE O .' WILL. Mr. Whitaker applied for probate of will of deceased. There was a slight peculiarity in the case. The will had been properly made and duly attested. The testator died in 1864, leaving a son, who was at that time a minor. The executors did not ask lor probate at this time, but determined to wait until the son attained his majority. The peculiarity in the case was that the affidavits, instead of being sworn within the last six months, were sworn

six years ago. His Honor thought that the affidavit of the fact could be accepted, assuming that everything else had been regularly done. Probate decreed.