SUPREME COURT-IN BANCO.

New Zealand Times, Volume XXXII, Issue 5193, 13 November 1877, Page 3

SUPREME COURT-IN BANCO.

* It, Monday, November 12. (Before their Honors the Chief Justice and Mr, Justice Richmond.) THE CORPORATION ON WELLINGTON V, SCHULTZE, In this case, which was argued on Saturday last, on a rule nisi obtained to restrain the defendant from proceeding further in his action against the Corporation, the Chief Justice now pronounced the judgment of the Court, refusing to grant an injunction, and discharging Justice Richmond observed that the legal points raised during the argument could be again urged when it was sought to enforce the award of the arbitrators in the case. APPEAL COURT. (Before their Honors the Chief Justice Mr. Justice Johnston, Mr. Justice Richmond, Mr. Justice Gillies, and Mr. Justice Williams.) MANOAN V. LEARY. This was an appeal under the 17th section of the Apocal Act, 1862. The appellant was sued in the Resident Magistrate’s Court in April last, for damages sustained through the carelessness of appellant’s servant, who was driving a waggon and eight horses, which came into collision with a horse and buggy driven by the respondent. A claim was made for

£135 12s. 6d., and Mr. Bathgate gave judgment for the respondent for £35. An appeal was heard before Mr. Justice Williams, who confirmed the judgment of the Resident Magistrate’s Court. It was now sought to set aside the verdict, on the grounds that as the claim was for over £IOO the Resident Magistrate's Court had no jurisdiction, and that as the horse and buggy did not belong to the respondent, be could not claim damages for permanent injury to the property of others. The Court having heard the arguments of the learned counsel on either side, Mr. Macassy and Mr. Cook, reserved judgment. The Court then adjourned until the next morning at the usual hour.