SUPREME COURT.

Lyttelton Times, Volume XCIII, Issue 10594, 1 March 1895, Page 3

SUPREME COURT.

CIVIL SITTINGS. Thursday, Feb. 26. (Before his Honor Mr Justice Denniaton and a special jury of four.) The Court resumed its sittings at 11 a.m. TALBOT V. MOFFETT. This was a case for the trial of certain issues arising out of an action heard in November last. Mr Stringer, with him Mr Bruges, appeared for the plaintiff, and Mr Beswick for the defendant. . i Mr Beswick renewed his applicationi for the jury to bo given a view of the j ground. Mr Stringer said he would raise no technical objection if his Honor thought it was a case in which a view should be granted. - His Honor said he was not that this was a case in which the ordinary rules for a view applied. The case was merely one for the trial of certain specific issues, and he would take £>n himself not to grant the view asked for. , Mr Beswick proceeded to state the facts aud decisions in the case of Talbot v. Moffett, heard in November last. His Honor said he objected to evidence aa to the previous action being laid before the Court, as that had nothing to do with the present case, in which the jury had merely to decide certain specific facts. The present issues were then briefly set forth by Mr Beswick. The plaintiff was George Talbot, lessee of a certain property belonging to the defendant, Mary Moffett. The question at issue concerned the lease of the property which had been granted in 1892 for a term of twenty-one years to one Richard Pape, who had, in 1894, mortgaged his lease to plaintiff for .£IOO. An action of ejectment for breach of covenant had been brought by the defendant against Pape, and judgment had been given against him to the detriment of the plaintiff in the present action, which was an appeal against that ejectment. The lease granted to Pape contained certain settlements by the tenant that he would keep in order the hedges and fences, prevent gorae from growing? and farm the land in a proper manner. It was for the jury to decide whether Pape had performed his ; covenant in the matter, and. whether he had or had not been rightful!/ then called evidence for the defendant. ~ . The case for the plaintiff was that though the land was in an admittedly bad state when the action was brought, it was in a much worse state when Pape took possession of it. Several years would have to elapse before the land could be put in a proper state, and defendant had, in fact, done everything that could be reasonably expected of him, and had not made that substantial failure which would justify his ejectment from the lease. After witnesses had been heard, Mr Stringer said that, - in face of the evidence, he did not think his client was in a position to uphold his case, and he would therefore submit to the judgment of the court. Judgment was accordingly entered for the defendant, with costa as those of a claim for £3OO. LAW NOTICES.—THIS DAY. m CHAMBERS. (Before his Honor Mr Justice Denniston.) Be Joanna Cleaton, deceased.—Probate, &c. MrCotterill. Going v. Murray. Motion to make order nisi absolute. * Mr Bruges. Be Trustee Act, re John W. Smith, deceased.— For discharge of trustee. Mr Cowlishaw. ■ , r ~ Be Christina Arkle, deceased.—Letters of administration. Mr Kippenberger. Balfour v. Harper and Son.—Summons of Feb. 14, for interrogatories. Saville v. London and Lancashire Fire Insurance Company, Limited.—Summons of Feb. 15, for special jury of four. Mr Wilding. , , T Saville v. Manchester Fire Insurance Company, Limited.—Summons of Feb. 16, for special jury of four. Mr Izard. . , Saville v. Manchester Fire Insurance Company, Limited.—Summons of Feb. 16, for interrogatories. Mr Izard. Be Ephraim Painton, deceased.—Probate. Mr Cotterill. Be Annie Blake, deceased.—Probate. Mr Lane. , ■ . Be Edward Barrett, deceased.—Probate. Mr Slater. Be Martin Ryder Green, deceased.— Probate. Mr Slater. M’Hale v. M’Hale.—-Motion for removal of sheep. Mr Izard. Be Jane Torrie Wilson, deceased.—Probate. Mr Bruges. Be Lunatics Act re Hugh Wright.—For consideration of report of the Registrar, Wellington. Mr Bruges. Be Adam Bloor, deceased.—Probate. Mr Deacon. Be Henry James Thomson, deceased.— Letters of administration. Mr Joyce. Be Mark E. Thomkina l ! deceased.— Letters of administration. Mr Kippenberger. Be William Paton, deceased. —For administrators’ commission. Mr Kippenberger. Be Thomas 0. Hay, deceased.—Motion on petition to raise money. Mr Kippenberger. Be Trustee Act, re Mary O. Kerr, deceased.—Motion on petition to raise money. Mr Rhodes. Be Ellen Manning, deceased.—Letters of administration. Mr Russell. Be William Priest, deceased.—Motion for payment of dividend. Mr Russell.