RESERVED DECISIONS.

Manawatu Standard, Volume XLIII, Issue 294, 6 April 1921, Page 3

RESERVED DECISIONS.

OF Tip SUPREME COURT. The Registrar of the Supreme Court; in Palmecston North has received .two reserved judgments delivered % His Honour, .Sir John Salmond, in eases heard during the last sittings of the Court in this town. CREWE V. CREWE-.AND.SMITH.. This ea'so arose*'out of almotion : l>v Mrs Ki M. Crewe; of Pahiatua (Mr Bundle), to have a previous Supremo Court judgmentset aside in a case in which plaintiff proceeded against J. D. 0. Crewe- and H. Smith, also of Pahiatiia, (Mr Cooper), in a claim against the estate of tho kto Devid Crewe. The plaintiff contended, .that' the ■judgment had been deliverd by His Honour the Chief Justice, -Sir. Robert ■ Stout, on an erroneous supposition That all.of the various claims made by plaintiff had been heard and decided, whereas certain of those claims had, by an oversight, not been finally dealt with. The defence-was-a denial of any such oversiglit having occurred and an assertion thatv.tho .whole ,oL plaintiff's' claim had been adjudicated-.upon. .- ;.■■"-- His Honour was of opinion''that whether any such error had. taken- -place - or not the Court hadf no -jurisdiction'.to.v'set aside or vary the judgment'on such a ground'. Where a-judgment had bepiv-perfected, and;, iiccurately expressed the true intention of the Court it could notbo set aside or varied on',the ground that'it was erroneous. In that caso the only remedy, was appeal. The motion was- accordingly .dismissed with costs. £2 2s. -.. ■■ ''« ■■■'■'<■ ::>•■> is '■" '. • ■■■>■ AN 'APPEAL DISMISSED,' His Honour has dismissed tlio appeal of the, deputy, official assignee, to have a decision of Mr J/L. Stout's.S.M., reversed.in a case heard in.'the lower. Court in' which J. D. Piper; farmer, of Woodville, successfully defended a claim for the recovery of £ll 12 3 by the assignee. Tho .latter,had, it was stated..'in the first action, erroneously paid a dividend, of''the'' amount claimed, to respondent from the bankrupt estate of Reov.oatjand Williams. Mr StoTtt held "that tho mistake had. been in the,first place due' to-airbpt,error;;in':tho, law.and on this plaintiff was not entitled to recover.. ; v.-, ■•• ■ ;\-. - ; '. '•.; :. :. "The mistako being one of law," said His .Honour, "I-agrcp with the Magistratethat tho sum cannot be recovered in the Magistrate's Court. If tho Official Assignee has anyi remedv at all it, must be sought in the- eouitable* or bankruptcy jurisdiction of the, Supreme Court, - Costs were'fixed a.t-£2,2a , .: I, At the hearing Mr liine? appeared for. Hie. assignee and' Mr G. H., Smith, .of .Ptdiiatun,.. for respondent. ■ t .