SUPREME COURT.-This Day.

Auckland Star, Volume XXVI, Issue 131, 11 June 1885, Page 2

SUPREME COURT.-This Day.

IN BANCO.

E^win Latimer [Clark and B. 0. CtABJ. SKN.-Motion for new trial, Mr Forwood for. plaintiff and in support of motion and *§##*. Cooper for defendent. The grounds on wbltf tho motion was made wore: (1) IhsteUiMW trial tho plelntlff had discovered ■•wfw which, if adduced on the occasion referral ra would hare materially affected the tmj-m that tho jury at tho trial WOW 'W®sL dirootcd; (3) that the vcrdlot was aralnil m wolght of evidence; (I) that dofendsnU iefl donco was, In eoveral respects, untrpe anoim proper. The material evidence allcgefiW{ been disrovorcd was tho original agreement, »7 which certain land was taken up. and for? brick yard, which showed that the plajnufiffjj interested thorein to the extent of ft hatt-ff Cooper's answor to tho grounds of « tion was-(l) That it was not W«Ws|g allege that material eyidenco had oeeu discovered, but that suoh evidence coma not havo been foreseen, Md^JffiS hardly be allogod in yiew of thei totU*t»J defendant was examined as to the BfMffi»2 tho agreement In question; 2 MfgJßgZ direction te tho ury was Perfectly by WMO seeing that ho merely left the jury to dIOTMnA ate as to tho credibility of father °r son- »ntt that moreover a iudge's direction could onffg attacked on a point of law; (3) that •""'J? verdict being against the weight of ertdenor, this was purely a matter for the judge « ««£ mine; (1) that the credibility ot : was for tho j nry alone to aecide.-HlB BtoMW held Mr Cooper's argument and WMWJSJS refused tho motion, and allowed four guinea" coats to Mr Cooper's client. . T_attaer IN BANKWJPTC V.-Bl » W»M a"« Clark—Motion for I^UA^W. «g a Cooper adpeared in support of ?!ss"%£__ Mr Forwood in oppOsition.-Mr <^° O^SnS ihat tho application wafi made under swu™ 31 and 49 of tho Act of 1883. and which bad been put in, showed that the (ieow. owed the petitioners more.than_the sun« *~ mentioned in tho statute. ruptoy had already been committed, atia^ , sale which lud been isßuedhad I been renuy marked nulla bona; and that ««™™j"££ received no consideration in respect or > , g claim.-Tho petitioners were IS. gM fi.thorand brother, against whom he baSDnra^ several uiißuccißSful civil actions. Thopeuw, wasdismissod with costs.

All interested in the cave of dnflgg ! should attend the meeting of the An W a branch of tho Educational Jw«Sf&* held in Wellesley-street school to& (Friday)evening., underconsideration is "P°!WXuMI»' [ tions of tho Board of Education,•»« "£ * portanco should secure a full attendance members and able discussion,