SUPREME COURT.
SITTINGS IN BANCO. Friday, April 16. (Before his Honor Mr. Justice Johnston.) BROADBENT AND ANOTHER V. DIVE, AND DIVE V. BKOADBENT. Mi-. Hart applied, in terms of the Supreme Court rules, for an order to have the above cases heard by special juries at AVanganui, Order granted. RE ALLEN, DECEASED. Mr. Hart applied to have letters of administration granted to the Public Trustee. Application ordered to stand over. PERCY V. YOUNG. This was an appeal from a decision of the Resident Magistrate at Wanganui, who gave a verdict for the plaintiff for the payment of certain tolls. Mr. Brandon stated that as the papers connected with the case had only just arrived, he was not prepared to proceed, and applied that the case should be allowed to stand over to the next banco sitting. Mr. Hart, for the respondent, offered no objection, and The case was ordered to stand over. THOMSON V. YOUNG. This was an appeal from a-decision of the Resident Magistrate at Wellington, in the Kaiv&arra tollgate case. Mr. Brandon said bis Honor had already given a decision upon a similar case, but as there were other material points to be argued in the present case, which were not m the former one, he would ask the permission of the Court to state a case for submission to the Court of Appeal. - His Honor said he would look into the case n chambers, and if it was a proper case to go to the Court of Appeal he would offer no objection to its being removed there. HALL V. SMITH. This was an argument upon demurrer to a motion made by Mr. Brandon for an injunction to restrain the defendant, who is Eegistrar under the Land Transfer Act, from issuing a certificate of transfer to one Mountaiu._ The history of the case, which is somewhat singular, involved a point never before tried in the colony. The case, therefore, became one of some •.mwrtance. Mountain and Hall own adjoining properties, and the former having applied to the Eegistrar for a certificate to deal with his land under the Land Transfer - Act, it was found that the land claimed by him overlapped Hall's. ''The natural order of things then became reversed. Under the old ' law a person in possession could throw the onus of „ proof upon the person claiming. 'Under two;Transfer Act the principle is inverted, aid it became necessary for Hall to move tit : injunction to restrain the Laud Registrar from issuing a certificate to Mountain.
Tho demurrer was argued at considerable length by Mr, Brandon and Mr. Travers, and ultimately His Hoixor ruled that the demurrer must bo sustained, at the same time intimating that tho proper mode of procedure to bo adopted by the plaintiff would bo to apply for a declaratory decree. HENDERSON V. CIOSVANNES.
A motion for a rule for taxation of costs was struck out, and set down for hearing at the ensuing sitting of the Court at Wanganui.
BANK OF AUSTRALASIA V. JONES. A motion upon a summons to show cause was withdrawn. TRIBE V. WATT. A motion for decree in this suit was set down for argument at the Wanganui sitting of the Court. MARRIAGE OF LUCY KENNEDY. In a suit relating to the marriage of Lucy Kennedy with one Doryzac, certain questions on the information were referred to the Registrar. PARSONS V. WHITLOCK. This case, also, was ordered to be set down for trial by special jury at the ensuing Wanganui sittings. Several other formal motions were made, and the Court adjourned.
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New Zealand Times, Volume XXX, Issue 4392, 17 April 1875, Page 3
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593SUPREME COURT. New Zealand Times, Volume XXX, Issue 4392, 17 April 1875, Page 3
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