SUPREME COURT.

Globe, Volume XXIII, Issue 2201, 16 March 1881, Page 3

SUPREME COURT.

Tuesday, March 15. IN CHAMBERS. (Before His Honor Mr Justice Johnston.) His Honor sat in the Court Chambers at 11 a.m. RE C. S. MCCORMICK, DECEASED. Mr Cotterill applied herein for administration to Jane McCormick. The case stood over. RE HUGH WRIGHT, A LUNATIC. Mr MoConnel applied herein for an order confirming the report of the Registrar. Hia Honor made the order as prayed. RE A. G. HAMILTON. On the application ot Mr McConnel, Hia Honor made an order for the discharge of the debtor. RE JOSEPH GARDINER. This case, which was an application for the discharge of the debtor, stood over for an affidavit to be filed. ALLAN V STANBURT. Mr George Harper brought up the report of the surveyors appointed as arbitrators herein, and applied for an order for taxation of coats herein. Hia Honor made the order. WILLIS V VINCENT AND OTHERS. Mr Joynt applied herein for an order fixing time and place of trial. Mr Button appeared for the defendants to consent. The time anl place of trial was fixed by special jury at Christchurch on Wednesday, 20th April next. BE MORTGAGE OP LUMSDEN TO TIMABU BUILDING SOCIETY. On the application of Mr Bruges, his Honor made an order of Court herein on October Ist a rnle of Court. CREDITORS’ TRUSTEE OP W. AND B. ROBINSON V W. ROBINSON. This was a return to a summons calling upon the defendant to show cause why the declaration of plaintiff should not be amended. Mr Button for plaintiff. Mr Joynt appeared for defendant, and consented to the amendment as proposed. The issues for trial were also settled, and time and place of trial fixed for next sittings at nisi prius at Christchurch by common jury. RE CHBISTx PHKR MATHIBSON, DECEASED. On motion by Mr Salter, an order was made herein granting probate to Andrew Loughrey as attorney of Charles Hardy. GASKIN V KINLST. Mr Joynt for plaintiff, Mr Joyce for defendant. This was an application for settlement ot issues. Hia Honor settled the issues as proposed, and fixed the trial by common jury at Christchurch at next sittings. BE DEED OP ASSIGNMENT OP O. TAYLEB.

Mr H. N. A alder applied herein for an order declaring deed of arrangement herein to bo completely executed. His Honor made the order.

WILLIAM WESTON V JANE WESTON. This was an application by Mr Joyce for the petitioner, under the Divorce and Matrimonial Causes Act, 1867, for leave to be excused making a oo respondent, to amend the petition, and for directions as to mode of trial. His Honor made an order excusing the making of a co-respondent and to amend the petition by alleging adultery in «. bristchurch. Mr Joyce then applied that the cause should be heard tefora the Court without a jury. His Honor made this order also. BE THOMAS GLARES, DECEASED.

On the application of Mr Slater, His Honor granted probate to Julia Clarke, executrix named.

BANSTON V EVANS. Mr Harper, for the plaia.tiff, applied for a settlement of issues herein. _ 'I he defendant, who had proposed issues, did not appear. . His Honor approved the issues as submitted by the plaintiff, and fixed the trial of the cause at Timaru, at next sittings, by common jury. ARMICAGB V WILSON. Mr Slater, for plaintiff, applied for the settlement of issues herein. There was no appearance for defendant. The issues as proposed were settled by his Honor, and the trial fixed for next session of the Supreme Court at Christchurch. BE THOMAS WEBB DBABER, DECEASED. In this case Mr McConnel obtained probate to Frances Rebecca Draper as executrix. COSTS. Orders for costs were made in r« W. J, Pallant and Robert Wakley (Mr McConnel). BE PETER CDMMIKO Mr Slater applied for debtor’s discharge. His Honor made the order. EE LAW PRACTITIONERS ACT, EX PASTE T. BUSSELL. Mr Garrick applied herein for payment out of Court of -£ iSO. Mr Bruges consented, and his Honor made the order as prayed, by consent. DISCHARGES. Orders of discharge were made in re W. M Queen and R 'bert Chudley (Mr Joyce), G. Mo A unity (Mr Button), re Israel Montague and H. Mollroy (Mr Stringer) re M. H. Rosendalc and W. MoCo’l (Mr Salter). CREDITORS’ TRUSTEE OF Q T. CLARKE V GOODMAN AND OTHERS. Mr Bruges, for defendant, applied herein for leave to plead. . . .._ . Mr Thompson appeared for the plaintiff to appose the application. , , , . Ultimately it was agreed that the d 'fondants should be allowed to plead forthwith on payment of costs. It sues to ba settled forthwith, and trial to be had nt next session. BE LAW PRACTITIONERS ACT. On application of Mr McConnel, „ His H-nor made an order by consent, re erring the bills of costs of Messrs White and Jameson re the Waimate fire cases, to taxation. BB JOHN MOBPHT. Mr George Harper applied for a rale nisi directed to the gaoler at Lytte ton, to show causa why a writ of habeas corpus should not issue for the production of the body of John said, as he understood it, there was no complete record made in this case at all. The Court of Appeal heard the case, the Crown not objecting to the record not be ng completely made up. Here was a dse io which four counts of the indictment were admitted to be good, and a judgment had been pronounced on them What, then, was to be done? No other judgment could be given. . Mr arper wished to point out that the hrst

count which had been thrown out was similar to the other counts in respect to the question of a writing obligatory. , ... Some furlhtr argument took place, and nltimately his Honor a rule nisi, returnable on Friday next. BK WM. DODDS AND OTHER INFANTS. Mr George Harper applied for the appointment of a guardian herein. His H-nor msdo the order as prayed. HI AND V SHAND. Mr Reeves applied for appointme r t of Mr George Wilmer as guardian, ad litem, of the infant defendants herein. His Honor mode the order. BE FREDERICK W CARPENTER, DECEASED Mr Button applied herein for letters of administration to Hannah Kebecpa Carpent-r, widow, and for approval of sureties. His Honor made the order as prayed. JOHNSON T M'ANDI-TY. Mr George Harper applied herein for an mjaction. Dr. Foster appeared for defendant. 1 The case arose out of a cropping contract, it < being alleged that the defendant and plaintiff entered into partnership with regard to the crops on a ceitain parcel of land, but that a ; dispute arose, and the defendant declined to \ allow the plaintiff any share An injunction was ■ now applied for to prevent the defendant from dealing with or disposing of the said crop until 1 the cause be tried. 5 Affidavits were read from the defendant 5 denying that there was any partnership, but 1 stating that the plaintiff had been engaged on • wages up to the time of his death, and that his i administratrix had no claim as a partner.

After some argument, the case stood over for further affidavits.

KB J. CKACBOFT WILSON, DECEASED. On the application of Mr George Harper, His Honor granted probate herein to Dame Jane Torrie Wilson and Leonard Harper as executrix and executor

BE THOMAS 11. LLOYD. _ . On the application of Mr Salter, administration was granted to Jane Lloyd, as widow. MB JOBUDA STEPHEN ASHLEY, DECEASED. Mr Salter applied herein for probate to Janies Ashley. His Honor called attention to the fact that the affidavit of the attesting witnesses did not tay that his will was re id over to the testator before putting his mark thereto. Ultimately His Honor made tho order as prayid, reserving leave to the widow to come in. Tho Court then rose.