SUPREME COURT.

Press, Volume LIV, Issue 9669, 6 March 1897, Page 5

SUPREME COURT.

SITTINGS IN CHAMBERS. Friday, March 5. (Before his Honour Mr Justice Denniston.) His Honour sat in Chambers at 11 a.m. ELL V HARPER. Judgment in this case was given. The judgment was very voluminous. His Honour decided on the items referred to him that items 62 and 63, amounting to £100, be credited to plaintiff, and that the interest on the item £250 be reduced by £50, being interest from 31st August, 1870, to Ist September, 1872, and that it be remitted to the Registrar and Accountant to adjust the certificate accordingly. Both these objections, it was noted, were taken after the issue of the original certificate. On the other items referred his Honour decided that the finding in favour of defendant should not be disturbed. RE EDWARD JONES, DECEASED. On the application of Mr Wynn Williams His Honour granted probate herein. RE JAMES STARE, DECEASED. Mr Bishop applied herein for commission to the executor, and the reference of the matter to the Registrar. Mr McConnell appeared for James Stark, one of the residuary legatees. His Honour pointed out that this was an ear parte motion. Why did Mr McConnell appear ? Mr McConnell said he was present on notice from Mr Bishop. His client wished to be present on the occasion of the settlement of the matter. His Honour did not see that Mr McDonnell's client had any right to be present on an ex parte motion. Besides, all the beneficiaries must be represented or none. If all the parties were before the Court then an order would be made binding all the parties. This was a motion which was always ex purte, and therefore the parties had no right to be represented. Mr McConnell submitted all the parties were before the Court under the originating summons. If the Court saw that it was for the benefit of the parties then it could allow them to appear. His Honour could see no reason for departing from the usual practice of treating these applications as ex parte. The matter would be referred to the Registrar to report. RE R. H. RHODES, DECEASED. On the application of Mr A.-E. G. Rhodes his Honour made an order for appointment of new trustees herein. * ORR AND ANOTHER V STARK AND OTHERS. Mr Bishop applied herein for an order for vouching accounts. After some argument, during which his Honour pointed out that in this case the accounting.party was seeking: to wreck the accounts, the case dropped, no order being made. FLEMING V ARENAS. Mr Russell asked -that this case should stand over. There was every probability of a settlement being arrived at. His Honour granted the application, Mr Loughrey, for defendant, consenting. NORTH CANTERBURY CHARITABLE AID BOARD AND RE J. G. EATON, DECEASED. Mr Loughrey mentioned this case, which was an application on behalf of the Board to purchase land with the bequest. -His Honour said he would look into the matter. * ' RE HENRY. SOMRRS COCKS, DECEASED. Mr Hall applied herein for letters of administration. His Honour made the order as prayed. R?I JOHN BAXTER, DECEASED. On the application of Mr Weston, his Honour made an order confirming the report of the Registrar. The Court then rose.