SUPREME COURT.—JUDGE'S CHAMBERS.

Auckland Star, Volume XIX, Issue 3971, 20 April 1883, Page 3

SUPREME COURT.—JUDGE'S CHAMBERS.

This Day.

(Before His Honor Mr Justice Gillies.)

pBOBATB ETC.—Probate was granted in re William Cobbold, William JSicbolls, William Hodge, Edward Graham McMinn, Achsaon Tr/otupsoo, and Joseph Lewis Worms (deceased). An application for letters of administration in re Catherine Gibson (deceased) was ordered to stand over so that co that further affidavits may be filed. An application in re Mary Ann Isabel Gregory (an intant) was also postponed. flicoii V. Lusk and Others.—Mr Burton moved for leave to defend an action brought by the plaintiff Nicol to recover a sum of £120 alleged to he due as the holder of a promissory note said to be endorsed inter alios by Mr H. H. Lusk and drawn by Wallet and Co, Mr i.usk had sworn by affidavit that lie never received any notice of the dishonouring of . tbe cf the note nor of application having been made for payment tbereof. —His Honor, after having heard Mr Burton, granted him leave to defend the action conditionally upon his giving Eatisfaction to the Registrar ; the defence to be tiled within seven days, and the action to be tried at tbe next civil sittings of the Court.

KEMratiL AND AHOTHEKV. KENNY.—i The plaintiffs in this action reside at New Plymouth, whereas the defendant lives at Gisborne. -on the latter's behalf, therefore, Mr K. Hesketh moved for a commission to Usue, in order that his evidence mignt betaken at Gisborne. A commission was accordingly ordered to issue to J. T. Green-, wood, Kegistrar cf the Supreme Court at Gisborne, empowering him to take tho defendant's evidence; commission returnable within three months, and proceedings meanwhile to be stayed. The question of costs was reserved.

Mann V, Chadwick. — The litigants arc residents of Tauranga. According to the defendant's affidavit he gave _a promissory note for £40 to plaintiff in August, 1882, due the following December, and that being unable to meet it at that time, the plaintiff agreed, in the sth Jan, kit, to take from him, in full satisfaction of his claim, a conveyance of three sections of land in Greecton, and that this conveyance was on the same day duly executed; that notwithstanding the plaintiff four days later entered up and signed jmltttient against htm, and that the plaintiff further procured a writ of ftere facias against' his personal estate^ and secured a sum of £44 17s 6d of his moneys, then in the hands ol'j Charles Paget and Charles Hnlme. On these grounds, Mr J. M. Speed how moved to set aside the above-mentioned judgment.— Mr' Alexander opposed the motion on two points, viz, (1) that the defendant's summons did not set out the ground for the application as required by the old rules, and (2) that the defendant had delayed too loDgitt taking out a summons. His Honor held these- objections to b8 ' fatal,; and therefore dismissed the application, with a guinea costs.

TMs was all the business.