SUPREME COURT.—In Banco.

Thames Guardian and Mining Record, Volume I, Issue 18, 27 October 1871, Page 3

SUPREME COURT.— In Banco.

WEDNESDAY, OCTOBER 20. (Before liisHonor Sir G.A. Arney, Kniglit, Chief Justice.) Tiie Court sat this morning in Banco. Macfarlane and Wilson v. Harris. — This was an argument upon a demurrer by the defendant to plaintiff’s declaration. The case is an off-shoot of the famous cause Mohi v. Craig. It will be recollected that Craig assigned to Mr J. S. Macfarlane a quantity or timber, lying in the Opitonui Creek. The validity of the assignment turned upon an agreement made between Craig, Mohi, and Harris, by which the first named was to have posession of the Wangapoasaw mills for twelve months, so as to be able to cut the timber logs which werp, at one time, stated to be his. The result of the action Mohi v. Craig was, that Harris seized the timber logs, and the present action was brought to test the right. The plaintiff declared upon the assignment with Craig. To that declaration the defendant demurred that there could be no assignment; Mr MacCormick in support of the demurrer, Mr Hesketh in support of the declaration. Mr MacCormick was heard on the last sttting in bauco before the quarterly Circuit Court. Mr Hesketh was heard this morning in support of the declaration,and concluded his argument at four o clock Mr MacCormick will be heard in reply today, at two o’clock. The Court then rose.