SUPREME COURT.

Globe, Volume XXI, Issue 1655, 10 June 1879, Page 3

SUPREME COURT.

♦ SITTINGS IN CHAMBERS. Monday, June 0. [Before His Honor Mr Justice Johnston.] His Honor sat in Chambers at 11 a.m. OEUBB V SOUTH BBITISH INSTJBANCE COMPANY. In this case Mr Joynt applied for the settlement of issues and fixing of dato and placo of trial. His Honor fixed the next circuit sittings at Cliristchurch for trial of the caße by a special jury. PATTEN V MOILBAITH. Mr Joynt, for plaintiff, applied for settlement of uauea and fixing of time and placo of trial. Mr Harper for defendant. His Honor fixed the trial of the case at Christchurch, on 14th July, by a common jury. GBANT V SATTNDEES. Mr G. Harper applied on behalf of the plaintiff for settlement of iesuee. There was no appearance on behalf of the defendant. His Honor settled the issues as proposed, and fixed the trial of the case at Christchurch by special jury. ESTATE OF HENEY DODD3, DECEASED. Mr Cotterill, on behalf of the infant, children, applied for an order appointing a guardian of their persons and property. His Honor asked whether there had been any Bervice of notice on any person. Mr Cotterill said there was no one in the colony to serve. His Honor said he saw from tfio will that the widow had been left the property abso- i lutely in one part and then the children came in in another. It was the most wonderful and extraordinary will he had ever seen. Tho woman had died and had never administered to the will. The question now camo up who had the legal title. Ho ceuld hardly think that Mr Cottorill deaired the Court to deal with a will like this at such short notice. Tho application was for the appointment of a

guardian of the persons and property of the infants. Had they any property at all ? Mr Cotterill said that was the difficulty. The application was set down as much to get an opinion from his Honor as anything. Fig Honor said that he was not there to give opinions. It seemed to be a popular idea, especially with ladies in trouble, that it was proper to invade the domestic circle to get an opinion from the Judge. However, in this caso tho order might be made leaving Mr Cotterill to discover the status of his clients. Order as prayed. JACOB3ON T. SAUNDERS. Mr Jojnt, for the plaintiff, applied to havo judgment entered up for plaintiff in default of plea. There was no appearance on behalf of defendant. His Honor entered up judgment for amount claimed. GOODS OF C. E. PRATT, DECEASED. Dr. Foeter applied for an order to grant letters of administration to William Pratt, as father of deceased. His Honor pointed out that no affidavit of search for the will had been filed. The case must stand over. At a later poriod his Honor made tho order. GOODS OF MORITZ MAHK, DECEASED. Mr George Harper applied for letters of administration herein to the widow. His Honor made the order. GOODS OF W, BEVAN, DECEASED, On tho application of Mr Garrick letters of administration were granted to Thos. Bevan, as elder brother of deceased. WILL OF JOHN QUIGLEY, DECEASED. Mr George Harper applied for probate herein to one of the executors named, leave being reserved to tho othora to come in. His Honor made the order. GOOD 3 OF EDWARD CHABLES ST. JOHN, DECEASED. Mr George Harper applied for probate to Leonard Harper, as attorney for the next of kin, limited to the cs'ntes and credits of doceased in New Zealand. nis Honor granted the applica'ion. GOODS OF ROBERT SCOTT, DECEASED, INTESTATE. On the application of Mr Joynt, his Honor granted letters of administration to the widow of deceased. GOODS OF CHRISTOPHER REYNOLDS, DECEASED. Mr J. S. Williams applied for letters of administration to be granted herein to tho widow. His Honor made the order. WILL OF DAVID ALEXANDER BORTHWICK, DECEASED. Mr Garrick applied herein for probate to the widow. His Honor made the order as prayed. WILL OF RICHARD NOCK, DECEASED. Mr J. S. Williams applied for probate to Clara Nock, as one of tho executors named in the will, reserving leave to the other executors to come in and prove. His Honor declined to grant the order, as the only authority to the applicant was a Bomowhat doubtful interline.ition in a printed will, which did not clearly express tho wishes of tho testator. WILL OF JOHN GOODWIN, DECEASED. On the application of Mr Fereday, his Honor granted probate herein to the wife and son of deceased. WILL OF RICHARD CLARKE, DECEASED. Mr Thomas applied for probate herein to the widow, who had since intermarried. His Honor asked whether the consent of the husband had been obtained ? Mr Thomas replied in the negative. His Honor said that he could not grant the application, unless the consent of the present husband were filed. Mr Garrick, as amicus curies, said that in the April number of [the " Law Journal " there was a case in which a husband who had stood by and se r n his wife accept tho office of trustee was held by the Court to be responsible for all tho trusts* Tho matter stood over. DEEDS OF ABEANGEMENT.

Orders declaring deeds of arrangement duly executed were made in the following cases: —W. A. Benn (Mr G. Harper), John Fowler (Dr. Foster), Alfred Gee (Mr Joynt) Osbert H. Toosey (Mr O'Reilly), Colin C. Aikman (Mr Thomas), James Long Fleming (Dr. Foster), Robert Edwards (Mr Thomas), John Johnston (Mr Thomas). BE JAMES BASSINGTnWAITE. On the application of Mr O'Reilly, His Honor made an order issuing summonses to appear before the Court to Messrs Stanley Edwards and Thomas Brown Craig to give evidence in connection with this case. RE WILLIAM HOOTEE. On the application of the debtor in person, his Honor made tho order of discharge. RB THOMAS BEOADBELT. Mr Thomas applied herein for an order of discharge. His Honor mado tho order. BE JAMES GORDON CLARK. Mr Thomas, for Mr Neck, applied for an order of discharge of the debtor. Order as prayed. BE JOHN DE EETJ. On the application of Mr Thomas, his Honor made an order of discharge herein. BE JOHN BENNETT. A similar order was made in this case, on the motion of Mr Thomas. RB FITZWILLIAM DE BARRY BARRY. Mr Garrick applied, on behalf of W. D. Wood and other creditors, for compulsory sequestration of debtor's estate. The debtor was a lunatic in Sunnyside Asylum, and a partner with Alfred Cardale. His Honor raised the question of whether a lunatic could be made bankrupt. Mr Garrick quoted English cases in support of his contention. Tho rule nisi had been made and served on both the lunatic and the Public Trustee, so that the statute had been complied with, ar.d now ho asked that the rule nisi should be mado absolute. His Honor made the order absolute, fixing tho surrender of the bankrupt for the 24th June, at 11 a.m., notice of same to be served upon tho keeper of the Lunatic Asylum and tho Public Trustee. BE ALFRED HOBNBROOK. On tho application of Mr Thomas, His Honor made an order calling a meeting of creditors to elect a trustee of the estate in too room of Reginald Cobb, deceased. His Honor m&de an order fixing 16ih June, at 11 a.m., as day and hour for meeting of creditors. METCALF V METCALE. Mr Izard applied in this case, which was an application for judicial separation, for an order calling on tho potitioner to give further particulars a 3 to alleged cruelty. Mr Joynt, for the petitioner, appeared contra. His Honor, after Bome further argument, declined to grant the order for further particulars. Mr Izard, for the respondent, then asked for further time to plead. His Honor grantod tho respondent time to plead forthwith, ho paying costs of the application. BE SOTJTHBRIDGE BACON CUBING COMPANY. Mr Thomas applied on behalf of Mr Charles Bourn, chairman of the directors of the above company, for an order winding up tho company under the Act of 18G0, on the ground that tho company hid neglected to pay a debt due by it to the National Bank of New Zealand within the time fixed by the statute. His Honor mado an order directing the company to bo wound up under the Act. LAND TRANSEKB ACT AND BE LEASE CAMEHON TO O'BBIEN.

Mr George Harper applied under section 122 of the Land Transfer Act, for an order calling on Thos. O'Brien to show cause why a parcel of land included in a memorandum of lease to O'Brien by John Cameron, should not be re-entered upon by the said John Cameron. The affidavits showed that a memorandum of lease had been executed granting a to Thcs. O'Brien for twenty-one years of a certain piece of land at Lyttelton. That the said O'Brien had left the colony, and that there was one quarter's rent under the lease duo to the said John Cameron. The said John Cameron therefore prayed for the issue of an order calling upon the said O'Brien to show cause why the lease should not be determined. His Honor made the order as prayed, summons returnable in fourteen days, service on O'Brien to be by posting the summons on the premises sought to bo rocovcred. BANK OF NEW ZEALAND T GILES. In this cibc the plaintiffs sought to recover from the defendant the sum of £1024 17s 2d, and the defendant had pleaded a denial of all the material allegations. Mr Garrick now, for the plaintiffs, applied to the Court to Btrike out the pica of general denial, as being p?oaded with intent to defeat the just claims of the plaintiff, as, there being only two sittings of the Court in Timaru during the year, the trial of the action would be delayed for six months. Mr George Harper, for the defendant, said that ho would ask his Honor to let the case

stand over Vttttil an affidavit arrived, which was in trans!ff from Timaru. His Honor sai's he would mate the order for striking out the Mr Harper could then apply for leave fo' plead again. TALMER V LHARMO^TH 1 AND OTHERS. " ' This was an application on tho part of the plaintiff herein for leave to take out of Ccu7tf the sum paid in by the defendant to meet the demand of plaintiff for £l92' l<9s 6i. Since the amount had been paid in the defendant had filed a declaration of bankruptcy, and the trustees now claimed it, and would not allow tho plaintiff to get possession of it, though judgment had been ontercl up for plaintiff. For plaintiff, Mr Harper; for defendant, Mr Joynt. After Mr Harper had opened the case, application was made for the case to stand over, to enable counsel to consider the very important points raised. IN BANCO. LAND ACT, 1877, AND RE DUGALD MATHEBON. Mr Cotterill applied for an order dismissing tho action, tho solicitor for the appellant having forwarded ft letter that they were not going to proceed further in the appeal. In this caso Dugald Malheson had applied to tho Court for leave to appeal against the rent charged for his run. Now, however, notice of withdrawal of appeal was given. Mr Garrick contra objected, as there was not the slightest reason for his being brought there that day. Tho case had been withdrawn, and, in fact, not moved. His Honor made an order dismissing the application, with costs against the Crown. LAND ACT AND RE NEW ZEALAND LOAN AND MERCANTILE AGENCY COMPANY. A similar order was made in this case. The Court then rose.