SUPREME COURT.—Judge's Chambers.

New Zealand Herald, Volume V, Issue 1403, 16 May 1868, Page 4

SUPREME COURT.—Judge's Chambers.

His Honor transacted a good deal of chamber business yesterday. WESTON T. JAMES. In this rase tbero was no appearance, and judgment passed by default. EE H. J. KBNHT. Mr. Weston applied for Mr. H. Kenny, to be appointed to take acknowledgments of married -women in the 3rd and 4th William IT., cap 74—Order made. COCHBAKB, SEQUESTRATOR V. J. 8. MACFABLANE. This action was commenced before Sir G. Arney, and left for the dseision of Mr. Jmtico Moore, and it is remarkable that upon the return of the Chief Justice it will perhaps be the first in which he will be called upon to adjudicate, having- passed through various complications. It was originally an action commenced by Macchattie against his partner, J. 8. Macfarlano, for a partnership account. Mr. Machattio became insolvent and filed hie petition in bankruptcy. Mr. Cochrane became sequestrator, and an order was made vesting Macchattie's estate in him. Mr. Cochrane then became principal in the action, and gavo the necessary security for costs. The case had been several times before the Court in ils equity jurisdiction in the form of applications, to compel the delivery of a partnership account. The proceedings in the case of Mr. Macchattie's bankruptcy lapsed, and Mr. < ochranehad to reassign the estate to Mr. Maebattio, which re-assignment "was duly executed. Mr. Hesketh applied to the Court in April laei to reinstate Mr. Machattie as plaintiff—that is, to place him before the Court in the position he at first occupied, on the ground that the circumstances were in no respect changed, and the proceedings in bankruptcy having lapsed, lie was entitled to the benefit of his fdrmer position in the case. Mr. Gillies opposed the application, and The Judge declined to make an order, on the .ground that he had no power to do so. He said that Mr. Cochrane might discontinue the action at any time he pleased. The plaintiff in this is sequestrator of the estate of Thomas Milne Machattie, and the proceed, ing was the hearing of a Judge's summons, calling;on the plaintiff to show cause why the action shonld not be continued or dismissed. Mr. Gillies appeared for defendant, in support of the summons ; Mr. Whitaser and Mr. Hesketh for plaintiff, against.

By consent it was arranged that the present suit should be discontinued without costs, that the costs incurred by the Kegietrar in the preseat suit be dealt with in a new suit, for taking partnership accounts to be commenced' by the plaintiff against the des fondant.