SUPREME COURT.

Evening Star, Issue 4204, 17 August 1876, Page 3

SUPREME COURT.

IN BANCO. - Thursday, August 17. (Before His Honor Mr Justice Williams.) Webb v. the National Bank.— Mr Macassey appeared for plaintiff; Mr Stewart for defendants. Mr Stewart asked that the rale be made absolute for a new trial de novo as well as for arrest of judgment.— His Honor was desirous that the Appeal Court should have an opportunity of deciding upon both branches of the rale, because if there had been action in error the second branch of the rule failed completely. He thought it . the duty of the Court under the circumstances to give a decision under the second branch, and plaintiff’s counsel had stated, if a decision was given under the second branch, he had no objection to the role being made absolute on that branch. The rule would be made absolute on the second branch for a new trial; as well as the first branch of the rule for a trial de novo. —Mr Macassey obtained permission to appeal, and stated his intention to proceed in error. Bibd v, the National Bank. —Mr Macassey appeared to move for a new trial; Mr Haggitt to show* cause. This was a rule by the defendants calling upon plaintiffs to show cause why the findings of the jury should not be set aside and a new trial obtained between the parties, and why the costs of this rule should not be paid by plaintiffs to the defendants. [Left sitting.]