SUPREME COURT.

Press, Volume XIV, Issue 1822, 13 February 1869, Page 2

SUPREME COURT.

Fbiday, Feb. 12. [Before Mr Justice Gresson.] His Honor took hie seat in the Court .Cham* bers at 11 o'clock. In Bankbuetcy. El DANIEL MUNBO. Mr Cowlishaw moved for an order suspending proceedings until the 27th instant in order to allow of the carrying out of a resolution I passed by a meeting of creditors; pointing out that there might be a alight difficulty in tba way of granting the order owing to the 247t1t section of the Bankruptcy Aot, which prondci that the trustee shall report the resolution,net having been complied with, in consequence et no trustee having been appointed. Hie Honor said it wao an immaterial matt« in itself as to who reported to the Court j foe substantial thing was that a resolution hsj been passed. The difficulty roised by tfco learned counsel esemed, however, to bo of some weight; and the Court would only mob the order at the peril of tho parties. The order was made. Mr Cowlishaw asked if the Court wrald make any order for the management of tb estate during the suspension ? His Honoi eaid it was unnecessary to do » lat present; but if anything connected wit'i the estate required to be looked after tho ties had better apply to the Court. In Banco. ! o'conneiil v. cunningham and akoxheb, Dγ Foster, instructed by Mr ■ JJotffiJgfj appeared in support of the demurrer in thu case ; Mr Garrick was counsel for the plaintiff. In the action plaintiff seeks to wesro damages for the trespass of ecabby itop belonging to the defendants upon his run, Dr Foster eaid this was a demurrer to to plaintiff's declaration on the ground that ii did not appear by it that tbe defendants had any knowledge that their cheep were aflftrgfc The declaration did not allege knowledge,but it did allege negligence. 3Tt etatod tb&fc tfeo plaintiff had eound and clean sheep, end the!; the defendants' sheep were' diseased and kejfc so negligently that they trespassed on ptetiff's run. Defendants contended that they were not responsible for anything they knew; and they did not know-ox P sheep being diseased. , , Hie Honor pointed out that the Own* Appeal had in the case of Moorhouaat Mm already givon an opinion on thia quested scientia, , s Dr Foster said this oase waa one in ;-wflwj the Court would be ruled by English h% »« he had numerous decisions of the EngWa Courts (which he quoted) to support bit costent ion. His Honor said unless ifc could be snow that the decision of the Court of lppe« »J been overruled by a superior Court, beiWjwj not deal with the present demurrer, as be MJ no power to review a judgment of the of Appeal. , • Demurrer overruled with cosfc, learo W given to defendants to amend the plea of F7 ment by pleading and paying into larger sum if so advised. Defendant to » short notice of trial, in order that the eww» may be disposed of at the March sittings DBPEBBBD JtTDaMJINXS. In reply to Mr Garrick, hia HonorwjJW would probably deliver judgment in the »> of Graham v Pepperell and otJoyce***-** Tuesday next. _^__^-**>>*><* c "