SUPREME COURT.

Manawatu Herald, Volume XXXIII, Issue 1003, 10 June 1911, Page 3

SUPREME COURT.

PALMERSTON SITTINGS,

At the Palmerston Supreme Court sessions yesterday, before Mr Justice Chapman, C. F. Carter and others, proceeded against Carl Andersson (Mr Loughnan) for possession of land at Rougotea, £165 rent and mesne profits, and motion by defendants for relief against forfeiture. No defence was filed.

Counsel engaged addressed the Court upon the legal points involved in the case, evidence being placed before the Court by affidavit.

The plaintiff's actual course of action was the non-payment of rent, but at the same time it was submitted that there were other breaches of covenants contained in the lease between the parties. The defence contended that there had not been actual breaches ot covenants except the payment of rent; further, that defendant was under the impression that his agents had paid his rent, and when he ascertained they had not he tendered it, and it was retused. Counsel for the defence said the remedy of the position was the acceptance of rent with interest to date.

His Honour, in giving judgment, said he saw no reason why the well-established rule of granting relief should be withheld, and relief was granted accordingly, and an order made lor payment within seven days of ,£l2O rent owing, together with 6 per cent interest on arrears, and £l2 12s solicitor’s fee and disbursements. Failing payment within seven days, judgment to be entered for the plaintiff as an action judgment, granting plaintiff recovery of the lands with costs. PARTNERSHIP ACCOUNTS. Legal argument was heard in the case of Wm. Hunwick (Mr Moore) v. George Tattle (Mr Loughnan), a claim for investigation of partnership accounts on a milking agreement between the parties. A counter claim for ns 2d was filed. His Honour said the whole matter should be investigated by the Registrar, and left to him to settle the accounts. What he could not arrange could be reserved for the Court to decide. He made an order accordingly, each party to supply details of their case. The question of costs in the present proceedings was reserved. IN DIVORCE. The case of Shute v. Shute was mentioned by Mr Cooper who, on behalf of the petitioner, moved for leave to issue a writ of attachment against the respondent for not complaing with orders as to alimony, and giving security for payment of same. The Court made an order granting leave to issue a writ of attachment, unless the orders mentioned were complied with within fourteen days of the notice of the issue of this particular order. Petitioner was allowed ss, costs of the application. During the last week his Honour. Mr Justice Chapman granted probates of the wills of Jas. Gilmour (Mr Meatyard), Wm. Bell (Mr Cooper), W. Cusssons (Mr Murphy). He also granted letters of administration in the estates of Isabella Mitchell (Mr Trewin), E. R. T. Voss (Mr Cooper), and C. W. Berg (Mr Inues.