SUPREME COURT.

Globe, Volume XXIII, Issue 2280, 23 July 1881, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS. Fbiday, July 23 [Before his Honor Mr Justice Johnston.] The Judge sat in Chambers at II a.m. EK NOBMAN P. THOMPSON. Mr Garrick applied herein for probate to E. J. S. Harman, reserving leave to E. O. J. Stevens to coma in. His Honor made the order as prayed, EB EOBEET DOCKEE, DECEASED. On the application of Mr Slater for Mr Oottorill, h's Honor made an order granting probate to Jane Docker. EH PETITION OF MARY ANN EHODEB. Mr Eereday applied herein for an order fixing the date of hearing the petition. His Honor fixed Friday, 26th August, os the day for hearing. EB JOHN M’GUISB, DECEASED, Mr Izard applied herein for probate to come to Margaret McGuire, as executrix. His Honor made the order. EB HBNEY BDWABD TYSON, DECEASED. Mr Slater applied for letters of administration to Hemy John Tyson and approval of William Coop and Thomas Holt as sureties. The case stood over for Cling of an affidavit. BELDV V PABR. In this case an interlocutory injunction had been given, and Mr Harper now asked that final judgment should bo entered up. Judgment as prayed. EB MAEY ELIZA, CHARLOTTE AND SBACE THENEE. Mr Garrick applied herein for the oppointmoot of the mother guardian in place of Messrs W. Wilson and J. W. S. Coward. His Honor made an order appointing the mother as guardian of the persons of the infants. EB -WILD OF D. LEWIS, DECEASED. Mr Garrick applied, under tha Trustee Belief Act, for directions as to the construing of the tarms of the will. The will directed that the son should have a life interest in tha estate conveyed to him when he attained the ago of twenty-five. Subsequently, by codicil, it was altered to thiriy. The will containing a provision for the trustees to lease certain lands during the “ minority ” of the son, they applied to His Honor to construe the meaning of the word minority, whether as twenty-one, twenty-five or thirty years. His Honor directed service of oummons on tha son to appear at next Chamber day for argument of the case. EB JAMBS THOMPSON, DECEASED. •Mr Joynt applied that Mary Emma Thompson be appointed under the New Zealand Government Insurance Act as trustee for the intont children. His Honor made the order as prayed. IN BANCO. BAIBD AND ANOTHER (APPELLANTS) V. GODBY AND ANOTHEE (EEBPONDBNTS). In this case, Mr Bsixd appeared in person. His Honor enquired of Mr Baird whether ho had given notice to the respondents of his intention to appear. Mr Baird eaid that ha had received a letter from the Resident Magistrate stating the case, and ho was also informed that unless the case was set down at the next banco sittings, the respondents would enter up judgment in the R.M. Court Hia Honor pointed out that by the Act the appellant was bound to give notice to the respondent of the appeal and forward a statement of too case. Mr Baird said on the 24th January the appellants forwarded the case to the respondents, who returned it with proposed amendments. Not being able to agree upon the case, it was remitted to the Resident Magistrate, and had been now received by him. T.io cate was an appeal from the judgment of the Resident Magistrate at Timara. The appellants were sued by the respondents for a bill of costs, and the latter abandoned their action and paid casts. They then issued a fresh summons for a smaller sum. The appellant then again applied for a non-suit, which wao refused, and judgment was given for the respondent. The ground of the application for a non-suit was that the bill of coats had not been delivered within the time prescribed by the Act, and that, therefore, the appellants had no opportunity of taxing the coats. This point was taken on the trial in the Court below, but the respondents contended that the bill for the smaller amount was contained in the original bill, and that, therefore, the contention of the appellant that no bill had been delivered on the second occasion could not hold good. There was no appearance of tha respondents.

His Honor suggested to Mr Baird that though, under the Act, an appellant was entitled to judgment ia the absence of the respondent, it was, perhaps, safer to poslpone the hearing until Tuesday next, in Chambers. Mr Baird said that he was willing to take this course. The Court then rose.