SUPREME COURT.

Auckland Star, Volume XIX, Issue 191, 15 August 1888, Page 9

SUPREME COURT.

1 YESTERDAYIN CHAMBERS. (Before His Hdnor, Mr Justice Gillies.) /Motions fob Probate.—Mr E. F. Reed inbved for probate to be granted in the estate of Haniette Mary Proude (deceased). —Granted. •- Letters of Administration. —On the motion of Mr Hesketh, letters of administration were granted in the estate of 'William Okie. McDonald (dead), and on the motion of Mr Briddle, in the estate of Jane Faull(dead). -. Appointment of Executor.—Mr Cotter mdved in the estate of Benjamin Dobson (deceased) for the appointment of an executor. —Mr Cotter said the petition was more for His Honor to decide in what manner the necessary steps should be taken; One Of the executors had for, several ■ years been confined in a lunatic asylum, and now, as some property was concerned, an executor was heeded in the estate.---His Honor pointed out the proper course to pursue would be to have probate rescinded and fresh probate granted to the other executors.', . . , '.. ' ,\ :..:.''' '!."'.. ' Re Rationalist Newspaper Compast.— Mr Mahoney appeared in support of a motion to make a call of 4s in the Rationalist Newspaper Company. He Objected to the procedure that Dr. Laishley and Mr Hesketh, who represented certain contributories, were taking. The contributories had not entered an appearance on the summons in compliance with rules of the practice.—Mr Hesketh and Dr. Laishley argued that they appeared on summonses issued.—His Honor decided that they could hot enter in an appearance as their action Was contrary to the rules, their clients haying been declared contributories, and their objection could not be taken unless they had pursued the right course, which was too late now. He Honor ordered^ the Call to be made, this money to be paid in to tho official liquidator in the estate. Paul Straka v, the Inhabitants of Puhoi ROad Board District.—This was a motion for direction as to the time, mode and place of holding the Meahna Compensation Court, but on the application 01 Mr Theo. Cooper was held over until another heaHng. MAcjKEtiHNiE and Another v. Waitemata Council and Another. —Mr Cooper moved for an order that Sarah Elizabeth McCormiek be joined as a defendant in hearing. made. MaOicechnie and Another v. Waitemata County Council and Another.—This was a summons by defendants to have ah amended statement of claim filed by plaintiffs set aside. —Mr Cooper appeared for the plaintiffs, Mr Campbell for the defendant County Council, and Mr E. Hesketh for the defendant, the Registrar. — It was contended,, on behalf of the defendant^ that the amended statement of claim disclosed a hew course of aetiori, and could not therefore be used. That the proper, remedy of the plaintiffs Wai "to discontinue the former action and commence fresh proceedings. Mr Cooper contended that there was no new course of action, but that the statement of, facts were similar to those in the original statement of claim, the prayer, being for a new remedy Syhich was necessitated by a recent decision of Sis Honor oh a question of law argued in the case.-^-His Honor dismissed the summons j. ahd allowed the amended statement of claim to stand without costs. Burgess v. Walsh.—Mr Earle appeared oh behalf of the plaintiff in support of a summons to set aside a statement of defence in the case, and applied for defendant to pay the" costs of the application. He made the application on tivo grounds, that the defence had been filed a day late and that it was informal, the facts not having beeti stated.—His Honor gave judgment to set aside the defence with coffee. ,;, Calvertv. Scott.—-Mr,Hesketh appeared on behalf of the plaintiff and applied for a writ of injunction to issue .against the defendant. , He stated , tlmt. the facts of the Case were that one Andrew Scott, junr., had been carrying oh business in Whangarei "when ho became involved. Owen and Graham agreed to take over all stock under a bill Of sale and pay the*bst.. oi the creditors. ' Scott continued in"; the business as manager for Owen and Graham, at a wage of £3 per week. At the end Ot . some months the stock was valued when there was found to be a deficiency of between i.400 and £SQQ and Sdott cohld not account fortius, and though repeatedly asked had given rio explanation SO far. Scott made an assignment of his estate for the benefit Of his creditors and Mr Calvert was appointed receiver. It was found out previous to drawing; up the deed of assignment that Scott hod £100. odd cash in his solicitor's hands, and before the deed was made out the solicitor insisted that this sum should be handed ovei' to Mr Calvert for the benefit of the creditors and thi£i "vr'-i done. It 'had since been found that the defendant in the present case, Mary Letitia Scott, wife of .Andrew Scott juhr., had moneys in the Post Office Saving Bank both at Auckland and at Whangarei.; The plaintiff applied for the issuing of a writ of injunction to prevent the defendant Withdrawing any of these moneys tihtil'a case in reference to the deficiency "and this money had been- tried. The money had been banked during the ! past twelve months when defehda,nt was not in business, and when her husband Was only earning £3 per week and Within the time the' deficiency occurred. It was fiirther argtifed.'ih support of the application, that the defendant would not suffer financially by the issue of the writ as the money being in the bank would be producing interest all the time.—His Honor .ordered the writ to isstie pending the trial. . '■• ,_. '. v -,- . .'■