IN CHAMBERS.

Nelson Evening Mail, Volume XI, Issue 264, 5 December 1876, Page 2

IN CHAMBERS.

[Before bis Honor Mr Justice Gillibs.] Harlby v. Strike. In this case plaintiff demurred to defendant's plea as being bad in law, and subsequently discontinued as to the defendant Strike, jun. On plaintiff setting down the demurrer for argument, the defendant objected on the ground that the discontinuance was a discontinuance of the whole action uuder Rule 407. The plaintiff contended that the first rule under the head " Discontinuance," viz, 402, only applied where several defendants defended separately and not jointly as in this case. His Honor Mr Justice Gillies, aft«r hearing arguments, reserved judgment, which he delivered in Chambers to-day, saying that he had consulted th* other Judges of the Court of Appeal, and they agreed with him in the opinion that Rule 407 only applied to cases where defendants pleaded separately, and where the discontinuance would of necessity be an admission by the pl»iuti_ that the facts pleaded by one defendant wero a goed defence as to the others. Judgment for plaintiff on this point. Mr Acton Adams appeared for tho plaintiff and Mr Fell for the defendant. Lg— »J_J __B»J > _Utk_LU-J J_u»