SUPREME COURT.

Evening Star, Issue 3151, 26 March 1873, Page 2

SUPREME COURT.

IN BANCO.

Tins Day. (Before His Honor Mr Justice Chapman.)

M'Coombe v. Lowe.— ln this case Mr Barton, on behalf of the defendant, moved for a rule nisi for a nonsuit or new trial, on the grounds that there was no reasonable or probable cause that the damages awarded at former trial were excessive and that tno jury had been misdirected. The case was tried at the last General Sittings of the Court. The rule was granted. Driver and M‘Lean v. Leabmouth.— Mr George Cook, on behalf of the defendant, moved for a rule nisi for a new trial, on the grounds that the jury had been misdirected, and that the verdict was contrary to Ihe weight of evidence. The rule was granted. Henry Carey Clayton and ' theks (known as the Perseverance Gold Mining Company) v. Morrison and Company (Miners.)—Mr Macassey, with Mr Haggilt, for plaintiffs; and Mr Barton for defendants. In this case counsel for defendant moved, at a f rmer sitting of the Court, for a rule to dissolve the injunction prohibiting them from working the ground outside that in dispute, [The arguments in support of and against the motion were published in the Star of the 13th instant.! The following was the concluding portion of his Honor a judgment . What I have tlwu-e&re decided is this : That the injunction shall now be limited to restiamimr the defendants from washing away the plaintiffs’ gold-bearing earth which may fall into the defendants’ ground ; that the injunction so modified or amended shall lie in the office until the further order of the Court, provided the defendants do undertake to keep an account of the gold which they may extiact from such gold-bearing earth, distinguishing the three classes, as in the findings of the jury uu the third count. The question of the costs of tills motion and of the amended injunction are resorvecL

The Court then adjourned until U o’clock to-morrow morning.