SUPREME COURT.-This Day.

Auckland Star, Volume VI, Issue 1692, 21 July 1875, Page 2

SUPREME COURT.-This Day.

IN BANCO. (Before His Honor Mr Justice Gillies.)

The ordinary Banco sitting took place this' mornieg, His Honor taking his seat at 11. t o'clock. k 1

CI...XX AND WIFE V. CASEY.

Mr J. B. Bussell on behalf of Captain Jeremiah Cassy, the defendant in this action decided at the last Civil Sittings of the Court made an application to his Honor for a nonsuit, and for leave to cuter a verdict for the defendant, and for a new trial. His Honor said the learned coursel could not apply for a nonsuit, as no grounds had been shewn at the trial.

Mr Russell then said he would confine his application to asking for a rule nisi for leave to enter a verdict for the defendant, and for a new trial. The learned gentleman quoted several cases in support of his application; among others—Bedhead v. Midland Railway Company, Christie v Grig*, and Simpson v. Lonlon General Omnibus Company. ": _

His Honor Baid he must retuse the application. He considered the law perfectly :| clear on the point, and could not see the | slightest ground for granting the rule. Mr. J. B. Russell said his c!i.nfc wasr anxious to have the opinion of the Court of- ; appeal on the matter, and he should make . an application for permission to carry the.! case mAo that Court.

His Honor said he should require very m good grounds for tbe appeal before he gave H permission.

Mr. J. B. Russell said he should supply his Honor with the grounds upon which he ' should move.

Mr. Justice Gillies gave Mr. Russell to:----understand tbat there was very little chanceS! of tbe application being granted. Be G. H. Clark and Wife. — Application. Mr J. Russell on behalf of G. H. Clart, a master mariner, and his wife who is the widow of Jas. Lanrie, deceased, (late of Laurie Brothers) made an application to huff Honor for a decree for dower.

His Honor granted the application leaving the terms of the decree to be settled ifl Chambers. httchinson v. KAwrrr.—argument o DEMURRER. Plaintiff is a settler at the Bay of Islands, m and the defendant is the Maori owner of'V some land in the North. The action arose-*;-; out of an alleged breach on the part of the § defendant of an agreement, by which the kauri gum extracted from the land was made over to the plaintiff at a certain price. Mr Hesketh appeared for the plaintiff, and y Mr McCormick for the defendant. j The defendant pleaded that the agreement.. was invalid, inasmuch as the conveyancing of. the gum had not been effected through the. agency of the Native Lands Court which if ■ should bo, being part and parcel of the land. , His Honor held that the plea was bad in f law and supported the demurer. -Leave w» - given to amend the plea within 14 days. j j The Court rose at 2 o'clock. ;