SUPREME COURT.
SITTINGS IN CHAMBERS.
Friday, February 15. (Before bis Honour Mr Justice Denniston.} His Honour sat in Chambers at 11 a.m. BETTS V RULE. This was a case in which his Honour held over his judgment on the question of costs. The defendant had applied for further particulars to be filed, and the plaintiff had agreed to give the information required as tc .the porsous to whom and the time when the alleged slauder was uttered. His Honoui now gave judgment as to oosts, making th« cost, of the summons costs in the cause. RE JOUK W. SMITH, DECEASED. Mr Cowlishaw applied herein for the die charge of trustee. Mr Russell appeared for the other side tc consent. ' His Honour said his difficulty was that h* was asked to discharge a trustee without ■ successor being suggested for appointment. The matter hud better stand over in ordei that the Court might be informed as to the state of the trust. At present there was nothing before him on this point. The matter had better stand over. STRANAGHAN" V ROPER. His Honour gave judgment in this case, which was an action to recover on a protnis* sory note made by the wife of defendant before marriage and given to the plaintiff. His Honour, after dealing fully with the authorities on the subject of liability foi ante-nuptial debts, went on to say, " But the consequence of the plaintiff's actios was that the defendant went to trial with what was a good defence. Had he pleaded no other defence it would have been a term of granting plaintiff's order that he paid defendant's costs. But she went to the jury on a plea that was unsuccessful, and would have.to pay the costs of such plea. I think the fairest course will be to give no costs to. either party. There will be an order that an indemnity being given in terms of the section the loss of the note shall not be set up by the defendant,and upon such indemnity being given the plaintiff will be entitled to judgment for tht amount of damages found by the jury without costs. - PROBATES, &C, His Honour made orders for probate at under:—Re C. F. Brighting, deceased (Mr Marshall Nalder); re P. S.Murray, deoeased (MrFiesher). . Letters of administration were granted as under*.—Re F. J. Mitchell deoeased (Mr Helmore), re Ellen Manning deceased (Mr Russell), re W. M. Keogh deceased (Mr Slater. RE WM. PRIEST, DEOEASED. . Mr Russell applied for appointment of new trustees herein. Mr Deacon, who appeared for tbe other trustees, said he had received a telegram from them stating that they would be in Christchurch the next day. When they did come he should advise them to acoede to the application now made. • After argument the matter stood over till next day. MAYNARD V lIOBAN. In this case, on the motion of Mc Bruges, his Honour made ah order for discovery of documents within seven days, and also for leave to issue notice.to.P. Hoban.
Mr Bruges then applied for leave to issue interrogatories. v • Mr-Russell, contra, objected to certain of the proposed interrogatories. ' After some argument the matter stood over. ' •
The Court then rose.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/CHP18950216.2.14
Bibliographic details
Press, Volume LII, Issue 9030, 16 February 1895, Page 5
Word Count
530SUPREME COURT. Press, Volume LII, Issue 9030, 16 February 1895, Page 5
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.
Acknowledgements
This newspaper was digitised in partnership with Christchurch City Libraries.