SUPREME COURT, HOKITIKA.

Kumara Times, Issue 2570, 17 September 1884, Page 2

SUPREME COURT, HOKITIKA.

CIVIL JURISDICTION.

[Before his Honor Mr Justice Williams.] The civil sittings of the Supreme Court, Hokitika district, were opened yesterday morning. The following is a report, abridged from the Times : UNION BANK OF AUSTRALIA AND ANOTHER V. CHESNEY. Mr Lewis appeared on behalf of Mr L. Harper, the plaintiff's solicitor, and applied for an adjournment of the hearing of this action on the ground that Mr Palmer, chief officer of the bank, was unable to be present. The amended statement of defence had only bsenserved on the 11th inst. His Honor saw no reason for postponing the action. If plaintiffs set down the action for trial it was to be supposed they were ready. Mr Palmer stayed away for his personal convenience, which he had no business to do. Mr Palmer ought to attend. The defendant had no right to be hung up in this way to suit the convenience of the bank. Mr Lewis said there was the amended defence. His Honor did not know that this further statement of defence would prejudice the plaintiff. Those continual postponements aiUkJ .c the custs of the

defendant, which he could not recover. The application for postponement would be refused. Mr Pnrlriss said, then judgment would be for the defendant. His Honor did not know that yet. — [Laughter.] Mr Lewis did not propose to appear. Mr Pnrkiss applied under rule 259 for a judgment dismissing the action. His Honor gave judgment, dismissing the action, costs £69 17s; costs of Court, £l7 6s ; total, £l7 3s. FERGUSON AND ANOTHER V. EVANS. This was an action to recover the sum of £550, amount paid for a share of run (£400), with damages (£150). The plaintiffs purchased the defendant's interest in a run, which was held by defendant and two others, Diedrich and Allen. Allen refused to sign the transfer, or to recognise plaintiffs, who alleged they could not get possession. Mr Parkiss appeared for plaintiffs and Mr Guinness for defendant. After hearing evidence, his Honor summed, and non-suited plaintiffs, with costs as per scale.