SUPREME COURT.—IN BANCO.

Evening Star, Volume VII, Issue 1926, 8 July 1869, Page 2

SUPREME COURT.—IN BANCO.

This Day, (Before His Honor Mr Justice Ward.) His Honor took his seat on the Bench at 11 o’clock. CATAMORE V, BALL. Mr Barton applied that the Judge’s order herein requiring the defendant v to amend his pleadings, be set aside. His Honor reserved judgment. RE ALEX. M‘KINNON, A LUNATIC. Mr Smith a ked that the usual order be made directing the Registrar to make enquiries as to M'Kinnon’s state of miud. He thought that, under the special circumstances; the services of a jury might be dispensed with. The Judge observed that he thought so too, although it was very doubful before. Order granted. MOTIONS FOR PROHIBITION. Mr Macassey moved for a writ of prohibition, directed to Mr Vincent Pyke, R.M., and Messrs Campbell and Low, plaintiffs in the action of Campbell and Low v. Alves, calling upon them to show cause why the case should not be taken out of the jurisdiction of the Resident Magistrate at Clyde ; and, failing that, why it should not he moved into the Supreme Court. The motion was based ou the affidavit of Mr Alves, which was to the effect that the contract - alleged breach of which formed the subject of the action—arose in Dunedin. The Judge said that it was clear that the cause of action in thiscasedid not arise within the jurisdiction of Mr Pyke, but he did not see anything in the affidavit to show why the case should not be tried by other magistrates. Rule nisi granted. Mr Macassey also applied for a writ of prohibition directed to Mr Strode, R.M., and Mr A. H. Burton, one of the plaintiffs in the case of Burton Brothers v. ELis. The motion was based on an affidavit by Mr Macassey which set forth the case, which was heard at the extended jurisdiction sitting of the Resident Magistrate’s Court, Dunedin, yeste day. The ground upon which the rule was asked for was that the Magistrate had exceeded his jurisdiction, in pronouncing judgment in the case, because neither the cause of action, nor any material part of it, arose within the jurisdiction of the Resident Magistrate. Rule nisi granted. CUNNINGHAM V. URE. His Honor said that he would deliver judgment in the case on Wednesday next. CRAWSHAW AND ANOTHER V. MAYOR AND CORPORATION OF PORT CHALMERS. A new trial of this case was moved for on the following grounds That the appointment of Mr Millar should have been under seal; that the verdict of the jury was against the weight of evidence ; aud misdirection by the learned Judge, who tried the case. Mr Barton (with whom was Mr Stewart) moved that the rule be made absolute ; Mr Macassey (with whom was Mr Haggitt) showed cause. 'lheaigument had not concluded at four o’clock.