WESTPORT WARDEN'S COURT.
In this Court, on "Wednesday, the members of a party working at Northeast Terrace, some of whom had applied for a dissolution of partnership, reappeared in Court, to state if they had come to any agreement, or, failing such agreement, to receive the Warden's decision. The applicants for a dissolution were Hutchison, Connor, and McColl. The objectors were Stallird and Cato. Mr. Pitt, who appeared for the latter, said they did not want the claim sold Thev were prepared to let the claim be worked just as the others pleased. Such an offer had been made to the applicants for dissolution, but had not been accepted. Paul Stallard gave in evidence what Mr Pitt stated, and Thomas Cato said he was agreeable to be guided in the working of the claim by a surveyor, or to have a managing man among the party.
John Hutchison, on the part of the others, said Cato had objected to the employment of a surveyor before, when the proposal was made. There would be more bother now than ever there was. The party would never work together. The arrangement wouldn't last for two days. The Warden's opinion about these cases was that the Court should never interfere until there was clearly a deadlock, and the claim came to a standstill. When that was the case, if the Court could ascertain which party caused the dead-lock, it would act accordingly. Unless it came to that, he did not think t'ne Court could order a dissolution of partnership. If the Court were to interfere otherwise, there would be no end to these cases. When he heard this case previously, he expressed his opinion that, in the state of things shown then, he did not see how the claim was to be worked, and ho gave time for some arrangemeut being made. It appeared that tee time given had been productive of this—the party who were looked upon as obstructive came now into Court and said they gave way. That being the case, it was impossible for the Court to make an order in the matter. The summons would be dismissed, without costs on either side.
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Westport Times, Volume III, Issue 564, 7 October 1869, Page 2
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362WESTPORT WARDEN'S COURT. Westport Times, Volume III, Issue 564, 7 October 1869, Page 2
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