LATE COURT NEWS.

New Zealand Mail, Issue 1249, 6 February 1896, Page 19

LATE COURT NEWS.

SUPREME COURT. IN BANCO. [Before His Honor the Chief Justice.] THE CYANIDE PEOCE3S OF GOLD EXTRACTION. The first case taken on Tuesday was an appeal from a decision of the Registrar of Patents refusing to proceed with the Cassel Company's application to amend the specification of the McArthur and Forrest patent for the extraction of gold from ores by the i cyanide of potassium process until an order of the Supreme Court had been obtained in the matter of the petition of the AttorneyGeneral to revoke the said patent allowing the application to amend to proceed. Sir Robert Stout and Mr Quick were heard in support of the appeal for the Cassel Company, and Messrs Stafford and Hall for the Attorney-General in support of the judgment of the Registrar of Patents. His Honor dismissed the appeal, holding that by subsection 8 of section 30 of the Patents Act, 1889, the application to amend became suspended, and that it would be necessaiy for the Cassel Company to apply in he matter of the petition to revoke tho patent to the Supreme Court under section 31 of the said Act for leave to proceed with the application to amend. The question of costs of this appeal was ordered to stand over until the application for leave to proceed is dealt with. Sir Robert Stout intimated that the Cassel Company would forthwith apply to the Supreme Court for leave to proceed with its application to amend the specification. ALLAKDYCE V. TANNER. Motion for injunction. Mr Chapman for the plaintiff, Mr Edwards for the _ defendant. This was an action for specific reliet founded on an alleged fraud ol the defendant in obtaining judgment against the plaintiff in the Magistrate's Court at Palmorston North. The same matter had previously been the subject of proceedings in prohibition before Mr Justice Richmond, when Oil Honor refused an order to set aside his own order prohibiting tho Stipendiary Magistrate from proceeding with a re-hearing. His Honor refused to°resciud on the ground that fraud was not established before the Stipendiary Magistrate and also on the ground that the case of fraud was met. In this action tho defendant claimed that the plaintiff was estopped from proving fraud because Mr Justice Richmond had decided that there was no fraud. An Tn junction-was now sought by the plaintiff to keep matters in statu qiio:- . • After hearing argument His liouoT-ttaS'/i-Od that there was no estoppel; that the basis of Mr Justice Richmond's decision was tbat the Stipendiary Magistrate had not found fraud ; and that his own finding on the question of fraud wa: not conclusive on the plaintiff. An order was made that tho costs (twenty guineas) should be costs in the cause. The Court then adjourned.

Mr Justice Buckley on Tuesday fixed the following dates for hearing of cases on the civil list: —T. Copelaud and another v. F. H. Wilkio and another, 19th inst.; C. O'Connor v. Poland, 20th, before a special jury of four ■ Commissioner of Customs v. Michael John, 21st, before a special jury of four. The date of the hearing of the case of G. Dennis and others v. J. Payton was altered from tho 22nd to 2Gth ; and a special jury of 12 was granted in the case of W. Stuart v. the Union Steam Ship Company.