LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9178, 6 October 1888, Page 3

LAW AND POLICE.

SUPREME COURT.—Judge's Chambers. Friday. [Before His Honor Mr. Justice Gillios.] 1 Probate. —Probate was granted to the executors in the will of Elizabeth Jane Lawrie. An application for probate in the will of Agnes Ivilgour was postponed as the application was not in form. Rationalist Newspaper Company (in Liquidation).—Mr. Mahony moved for an order for payment of calls due from contributories. Mr. McGregor appeared in support of the motion, and the order was granted as prayed, payment to be made on or before the 4th of November. Thomas Benson Elley and Co. v. Robert Clarke.—Mr. Campbell moved

that the charging order nisi made herein be made absolute. Mr. Broobfield appeared in support of the motion, and the order was granted, with costs £2 '2s. Writ of Injunction.—ln the case of Edmund Augustus Farrington v. Henry Nathaniel Abbott, Mr. Palmer moved for a writ of injunction. Mr. E. Hesketh appeared for the defendant, Heaps, agent of Mr. Abbott, and said he had only been served last night. Mr. Palmer said that Mr. Abbott was absent in Christchurch, and could not be served. The case arose as follows :—The Opera House had been let to the plaintiff for an amateur performance to be held on the 11th instant. Subquently the Opera House was let to Professor Anderson for a period extending over the 11th instant. Mr. Palmer pointed out that plaintiff had issued tickets for the performance, and had engaged others, and he was bound in honour to have the performance. His Honor said that there was no case in which injunction had been granted for the letting of a building. Damages of course could be obtained if damages were shown. Mr. Hesketh said he was about to raise the objection that it was not a case for injunction. The wrong could be fully compensated by damages. He had not seen the statement of claim, but he understood that it was let on the distinct understanding that if another company came along who Would take the Opera Souse for a lengthened period, this engagement should give way. His Honor held that the application was unprecedented, as it was a pure breach of contract of letting, which could be fully compensated by damages. The application was dismissed, with costs, £1 Is.

R.M. COURT.— Friday. [Before H. G. Sefch Smith, Esq., R.M.] Judgment Debtor Summons Cases. — Samnel Cohen v. Chan. W. Cave and F. H. Manning : By consent of the defendant, Mr. Cave, the order was made against him only to pay £4 10s. Myer Goldwater v. Thomas C. Owen and James McLellan, £17 2s 2d : Ordered by consent to pay by instalments of 10s a week. George Miller v. C. W. Cave, £19 7s 6d : Ordered to pay by instalments of 10s a week. Elizabeth Anderberg v. George Woods and Ci.iAKA Jane Woods.—ln this case the plaintifi' sought to recover a sum of £10 10s, being balance of money due to the plaintiff for money lent to the defendants. Mr. Tole appeared for the plaintiff' and Mr. Cotter for the defendants. The defendants in the action were board inghouse keepers, and the defence was that the money was a gift to Mrs. Woods, and not a loan. The case had been partly heard on the previous day, and after hearing the remainder of the evidence His Worship reserved judgment.