SUPREME COURT.

Dominion, Volume 2, Issue 335, 23 October 1908, Page 4

SUPREME COURT.

IN CHAMBERS. Sitting jn Chambers yesterday :J[r. Justice Chapman dealt with an ex parte application in connection with- the case' of Sydney David Levien and Joseph L. I<\ Met v. Percy Mred Fabian, the parties to which belonv to Nelson. , The facts showed that in May last a claim and counter claim were tried at Nelson before Mr. Justice Chapman, wlio gave judgment tor plaintiffs 011 the claim for £20, and for defendant on his counter claim, for £20 155.,' With costs. ' • On behalf of plaintiffs Mr; Gray now moved for an interim injunction to restrain judgment, and the sheriff at Nelson - from pro- , c ceding upon the judgment for the defendant, without giving credit for the amount of plaintm s judgment. It was alleged that a writ of sale had been issued by the defendant, and that the sheriff was about to proceed to levy for the whole of the amount' of the defendant s judgment and costs without deducting the amount duo to the plaintiffs on their judgment. His Honour made an order for the issue of an interim ,judgment. ■'