SUPBEME COURT.

Press, Volume XII, Issue 1532, 5 October 1867, Page 2

SUPBEME COURT.

SITTINGS IN CHAMBERS. Friday, October 4. [Before His Honour Mr. Justice Gresson.] Davis v, Wilein and Another. Mr Travers applied for a rule calling upon the plaintiffs to show cause why the declaration in this action should not be amended by striking out the last paragraph, on the ground of inconsistency. His Honour granted the rule as prayed for ; cause to be shown on the first Chamber day after the loth of November. PUBNELii and Another v. Beswick and Another. Mr Wynn Williams applied for the usual order to proceed on a decree made by the Court. His Honour granted the application ; advertisements to be inserted in the "Timaru Herald" and the "Press." Johnstone v. Deans's Tbt/stees. In this ease Dr. Foster had applied, on a previous Chamber day, to have the verdict returned by the jury at the late nisi prius sittings amended by striking out the word " unlawfully" in the fiuding. Counsel had been heard on both sides. His Honour gave judgment. He considered that by making the alteration asked by Dr. Foster the Court would virtually alter the whole tenor of the verdict. If the alteration were made the verdict would be for the defendants. The word " unlawfully " could not be left out of the postea, although he looked upon the verdict as bearing very strongly on the defendants' side. The application must be dismissed, with costs. Baknabd o. Mtjndy and Anotheb. Mr Travers, instructed by Messrs Hanmer and Harper, applied to have the ruloifiis* j granted in this case made absolute, on the j j ground that the necessary affidavits had not | been filed by the opposite side. '

I Mr Garrick contended tliat tlie aflidavifs had ! been retained solely for the convenience of Mr Trovers, and that therefore the objection I should not be urged. The omis.-ion was purely an accident. His Honour said that he recollected the eireumstiinee, but nothing further could be | done in tho fiction until the \tli lavit hud been filed. He could not grant Mr T ravers' application. The hearing must be postponed until after Ho-iour's return from Wellington. Mr Tr.-iver3 applied for the cost of the present hearing. Mr Garrick said he was quite willing to pay the costs. lie Mabtin E. Ashwin. Mr Wynn Williams applied for leave to prove in this state for Hilton's trustees for tho sum of £3407 9s 9d. His Honour asked if notice had been served on Mr Treadwell, the trustee in Ashwin's estate. Mr Wynn Williams said that it had. His Honour said that as a considerable amount of litigation had already occurred in the matter, he would not grant the application in tlie absence of any representative of the other side. Tlie application must stand over. Re Richard Bbunsden. Mr Joynt applied for an order to sell the cattle, horses, and furniture in this estate. i His Honour granted the application. j Re W. Meddings, Deceased. Mr Duncan applied that probata of will might be granted to the widow of the deceased. The application was gr.inted. Re George Arthur Emilius Ross and Re j the Petition of Rosa Alice Poole, a Creditor. Mr Garrick stated that this was a petition j made by a creditor for sequestrating the j estate of Mr Ross The creditor was living in I England, but the application was made through i her attorney, Mr Harman. His Honour asked if tho power of attorney was in Court. Mr Garrick stated that it 'was not. His Honour said that, before granting the application.be must read the power of attorney, 'so as to see whether it gave Mr Harman the requisite power. The application must stand over. Re J. S. TUENBTJLL. Dr. Poster applied that a sum of money now in the hands of the Sequestrator should be paid over to the creditors of Drs. Turnbull and Deamer. Mr J. S. Williams appeared for the Sequestrator and for Dr Turnbull. He contended tliat if the order was made, it should direct the Sequestrator to pay over tho money, so as to take all responsibilty off his shoulders. Dr Foster said that there were no creditors besides those mentioned in the affidavit. The firm of Turnbull and Deamer were perfectly solvent, and could pay 300 shillings in tho £. The whole amount of their debts was about £500, whilst the book-debts were between £6000 and £7000. Mr Williams said that he did not intend to oppose the application; he merely wished that I his client should be placed on a sa f e footing. His Honour granted the application, Dr. Turnbull to file an affidavit of his being a consenting party. Re TfIOBNTON V. POTTEE. On the application of Mr Slater the usual order of sequestration and vesting was made in this case, Mr Graham to be sequestrator. Re W. H. Oeaii. On the application of Mr Garrick a similar order was made in this case, Mr Walker to be trustee. POWER V. JEBSOK. Mr Harper applied for the disoharg'e of the defendant from custody as tho maintenance money had not been paid. His Honour made the order for discharge. The Court then rose. ,