SUPREME COURT.

Dominion, Volume 2, Issue 332, 20 October 1908, Page 9

SUPREME COURT.

IN CHAMBERS

Probate of tlio will of tho lato Edward Wilson was granted by Mr. Justice Cooper yesterday.

Judgment in tho caso of Mrs. Kate Peers

v. John M'Mennamen, which was decided at tho previous sittings of tho Court of Appeal, was entered up by- tho Chief Justice (Sir Robert Stout). Tho question in this caso was, it will' bo remembered, ono with regard to subdivision of a block of land at West Beach, Island Bay, and tho Court found in favour of the defendant. Costs were allowed to defendant practically oil the lowest scalo. Mr. Young appeared 011 behalf of the plaintiff, and Mr. Dunn for the defendant.

Argument was also heard by the Chief lustice (Sir llobert Stout), with reference

to the case, Thos. R. .7. Grimmett, bricklayer, A'elson, v. tho trustees in tho assigned estate of James C. Burford, shipowner, Into of Kelson, ami Sir. H. E. Kenny, S..U. This was a motion to; prohibit defendants from proceeding 011 a judgment given in their favour against plaintiff at Nelson 011 July 30. At tho bearing before the magistrate two defences' worosot up by counsel for (jriminctt as follow:—(1) that the debt being an assigned debt tho namo of assignor should have been given, in tho plaint note and summons, (2) that 110 evidence was tendered that notice of assignment was given prior to the action. After hearing argument advanced by - Mr. Hayes 011 behalf of plaintiff, and Mr. Gray for tho defendants other than the magistrate, his Honour dismissed the motion with seven guineas costs and disbursements.