SUPREME COURT-YESTERDAY.

Auckland Star, Volume XXI, Issue 54, 6 March 1890, Page 5

SUPREME COURT-YESTERDAY.

IN BANCO.

(Before His Honor Mr Justice Conolly.) Robertson v. Wilson and Another.— M otioo for writ of prohibition and mandamus. —Mr E. Hesketh for plaintiff, and Mr Button for defendant. — The plaintiff, Edwin Robertson, is a settler at Ohinemubu, and the defendanb is a judge of the Native Land Courb. Tho motion was made to prohibit the issue of succession ordei'B to certain native claimants, and to compel the Lands iCourt to issue an order in favour of the plaintiff. Plaintiff claimed certain lands on the will of one Taupo Te Wanoa ; bub the Lands Court decided to issue succession orders, on bhe ground that the will was invalid as regarded the land. Considerable argument took place between Messrs Hesketh and Button ou the legal points ab issue, and eventually His Honor reserved judgment. Humphreys v. Proprietors ok " OeSERVER."—Motion for writ of attachment. —No appearance and struck out. Kaobi Timber Company.—Motion by Kauri Timber Company for leave to pay arrears of rent and for relief against forfeiture of lease registered No. 109,708.— Struck out, owing to non-appearance. Stamp Doty.—ln the matter of the Deceased Persons' Estates Duties Act, 1881, and re tho will of James Leitch Lyell, deceased, Mr James Russell moved for argument of case of appeal. Mr Hesketh appeared in support of the motion for the appellant, and Mr Cotter appeared for the Commissioner of Stamps, the respondent. This was an appeal from the assessment of £1,031 0s sd, stamp duty in 'the estate of J. L. Lyell, deceased. The executors claimed that the duty waa a testamentary expense, which should have been deducted from the estate before duty was levied. — His Honor said the question was of immense importance to the revenue of the colony, and he would ask thab ib be afc once baken to bhe Court of Appeal if the parties would consent. _Mr Heskesth asked for time to consult his clients, and bhe c*so was adjourned till to-morrow. —Tho Court then adjourned till to-morrow (Friday).