SUPREME COURT.
Wednesday, Dbo 21. (Before His Honor Mr Justice Johnston.) IN CHAMBERS. GIBSON V. HBWTTT. Beturn to summons of Deo. 1. This was an application by Mr Harper for a commission. His Honor granted the application. DBBTOBB* AND CnBDITOHS' ACT. Me Henry Moffatt.—Mr Joynt applied for an order for debtor’s immediate discharge. Mr Harper, for Mr Cunningham, as trustee, and one of the largest creditors, consented to the application. His Honor could not grant the application without farther affidavits. The motion was postponed. Re Irvine Armstrong. —Mr M'Connel obtained an order for payment of costs out of estate. Re John Kennedy.—Mr M'Connel obtained an order for leave to issue a summons to John George, the creditors’ trustee herein, to show cause why he should not pay the debtor’s costs referred to in an order of the Supreme Court of Oct. 24,1879, and also that he be required on snob attendance to have and produce the trustee’s minute-book and cash-book, kept by him under rule 43, liBTTEBS O? ADMINISTRATION, &0. Re Elizabeth Taylor, deceased.—Mr Fereday obtained leave to register probate copy of will instead of original. Re Joseph Grigg, deceased.—Mr Malet obtained an order granting letters of administration, with exemplification annexed, to John Grigg, of Longbcach, os attorney for John Lnskey. Re Thomas Kerr.—Mr Slater obtained letters of administration to issue to the widow of deceased. LAND TBAKBFKB ACT. Re caveat Ho. 575, lodged by Benjamin Bde.—Mr Harper applied for a summons to show cause why the said caveat should not bo sustained. His Honor granted the application as prayed. PYH AND ANOTHER T. M'OBB. Botum to summons of Deo. 15. Mr M'Connel applied that the writ might be amended or set aside, on the ground of the omission of certain words, the insertion of which would have brought in the defendant’s landlord as a defendant j the action being (or the ejectment of M'Qee, a sub-tenant «f a third party, the direct tenant under the plaintiffs. Another ground for the application was an informality in the proceedings, one of the plaintiffs, a married woman, whoso separate property the land in question is, not having sued by her next friend. Mr Harper, on the other side, submitted that the first irregularity had been waived, and that the husband had been properly joined " for conformity.” Bis Honor suggested that the writ should bo amended, ana learned counsel accepted the suggestion j but on another application, in the same matter, being made for the issue of another writ, the first application was withdrawn, and His Honor granted the second.
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Lyttelton Times, Volume LVI, Issue 6496, 22 December 1881, Page 3
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427SUPREME COURT. Lyttelton Times, Volume LVI, Issue 6496, 22 December 1881, Page 3
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