SUPREME COURT.

Dominion, Volume 1, Issue 191, 7 May 1908, Page 4

SUPREME COURT.

'''/ IN /'CHAMBERS. ' \ Mr. Justico Cooper held a sitting in Chambers yesterday morning. ~ ... 1/ Probate' ofi.'tho wills of tho-following ;deceased ... person's was-granted antler; Conuolly, of 'Blenheim, 1 , retired tele- 1 graphist \ (Messrs M'Calh'tm' and Mills); llichard Liddle, of Auckland, master mariner; 'Albert'. William Voice,, of To Awamutu, fanner and blacksmith (Public Trustee);; George Benjamin Blake, of Wellington, er.- : gine-cr (Messrs., Brovrn and Dean); ]s)sie Watt Clark, of Wellington, stewardess (Mr. Quick); Robort Frederick Howell, of Rnetihi, farmer. (Mossra Gray and Jackson); David. Slater, of Wellington, bricklayor (Messrs. Brown, olid Dean). -. -, .. Letters-, of administration in : tho estates of the following deceased,persons were granted.: —James Charles. Cheer, of Hastings, settler ;(Mr., Scanncll);. Georgo'' Davidson, of .Hinds, farmer. (Public Trustee)';' Robert Kinhaird, of 'Alexandra, miner, (Public" Trustee) James Molville,-.of Rotorua, tourist agent (Public Trustee); Eleanor Bennetts, of Sydney, married woman (Messrs. Young .and Tripe); Thomas Walter Osborne,, of Dunedin, carpenter . (Public Trustee); : and . Elizabeth M'Lean, of Wellington. (Messrs. Brown and Dean). ' . < On the _ application of counsel for the defendants in tho case, M. S. DulTey v. the executors of the late M. M'Govern; hotelkeeper, Taita, an ..order was made directing,jthat tho' evidence of, dcceased's- son should bo taken on' commission "'in Loudon.; Mr. Dunn .appeared; for .plaintiff',.'and Mr. Bunny'' .for' the' 1 defendants. ' In tho matter of'tho petition of dement Horaco Thomas, Peter Moir, and Henry Cowio, debenture-holders of. the New Zealand Midland Railway- Company, Ltd., and in the matter of an order appointing J. H. B. Coates receiver for tho debenture-holders, an order was, by consent,' made for the sale of unsold lands, subject to the consent of tho Minister for Public Works being first obtained in writing to each proposed salo. Mr. Scantlebnry appeared in support of tho motion, and Mr. Myers for tho Crown. On the petition of Bank's Co-opcrativo Moat Distributing Company, Ltd. (for whom Mr. Myers appeared), Samuel Howan, jun., of'Taranaki Street, Wellington, butclior, was, adjudged a bankrupt. With reference to the proposed suit in divorce between Margaret Amelia Mitchell (petitioner) and Wm. Robt. Mitchell (respondent), an order was mado on a motion for security for respondent's costs, fixing the amount at £25. Mr. Richmond represented tho potitionor and Mr. Jackson tho respondent. . Leave was granted to serve respondent and co-respondent in Sydney with copies of petition for dissolution of marriage in the suit Wm. Ernest Trimblett (petitioner) versus Wihnifrcd .Trimblett (respondent) and —.-' M'Kenzie (co-respondent), and thirty days after service were allowed within which to fdo defences to tho action. ■ Mr. Jackson appeared in support of the application. An order was made directing , that advertisements should bo inserted'in tho local papers and the Mercantile Record notifying creditors and othors to send to tho oxecutors claims in tho ostato of Charles Townley Browne, of Wollington, deceased. Mr. Herdman represented tho oxecutors in tho estate. In connection with tho proposed divorco suit, Edward M'Callum Blake (potitionor) vorsus Mabol 0. Blako (respondent) and Norman Jaggar (co-respondent), Mr. Blair, on behalf of the co-respondent (and for Mr. Johnston for tho respondent), applied for an order requiring potitionor to supply further particulars - relating to the alleged adultery. His Honour held that potitionor should state' dates and places at which : it 'was alleged adultery was committed, and' mado an order accordingly. r\" •' ." ' His Honour also heard argument relative to a summons on behalf of defendant in Searl v. Lyons,, that, proceedings ho utayed unless plaintiff find security for tho costs of the action;: .andthat'plaintiff':'be restrained from proceeding' on,- au- interlocutory order for tho recovery of costs'awarded against defendant in ' a' prior proceeding in tho same action. Tho • main action is a claim for £1000 -damages for alleged slander arising out of statements mado by defendant at'a meeting ,of creditors in plaintiff's estate. Mr. Bunny, who appeared in support of tlio summons, stated that ho could find no rccord of a caso where a debtor had, brought a' claim against a creditor in eonscfiuenco of something that had bGen stated . at, a meeting in connection with tho ostato. His Honour might' obtain somo information' from the Official Assignee witli reference to tho fit two of plaintiff's bankruptcy. It was very unfair that a creditor should be inocooded against in that way. Counsel argued that since Searl. was an undischarged bankrupt the Court ought to ordor him to find security as to .the costs of tho 'action. Mr.•■Dunn, who represented plaintiff, was not Called upon to address the Court.. His Honour hold that. thore was, no jurisdiction :n such caso to order security to "bo.i*ivmi, end dismissed -'the application," and in regard to'tho other matter directed that'defendant shruld have credit for £1 Is. (being costs awarded him on "an interlocutory application for further particulars) against the amount in question,' £4 4a " , .' ■