SUPREME COURT.—IN BANCO.

New Zealand Times, Volume XXXIV, Issue 5562, 25 January 1879, Page 3

SUPREME COURT.—IN BANCO.

Friday, Janoabt 24. (Before hia Honor the Chief Justice.) SINCLAIR V. BANIELL. This was a Blenheim case, and was postponed till Wednesday, in consequence of the non-arrival of certain papers. BLAKE V. SELLARS. In this case the Resident Magistrate had awarded plaintiff £SO by way of damages for Injuries sustained by him, owing to his being struck by a rocket discharged from defendant’s . ship, the magistrate holding that the captain, although not on board, was responsible for the acts of bis officers. Appeal was made on case stated, on the ground that it was no part of a chief officer's duty to discharge rockets when in port, and that defendant could not be held responsible for acts outside his officers’ duties. Mr. Bell appeared in support of the appeal, and Mr. Allan argued contra. Judgment reserved. BREEN V. CELL. Blaintiff had obtained a rule to review the Registrar's taxation of costs. This was a suit to recover money on a contract; and also by a second count, for w»rk and labor done. Defendant pleaded, for a first plea, a general denial; and for a second plea put forward a quantity of affirmative matter; which the Court held to be bad pleading. Defendant was given leave to amend his pleas, on paying costs. A new plea was put in after issues had been framed on the general denial. Plaintiff claimed costs in connection with these proceedings to settle the issues, which he contended had been rendered useless by the amendment, but the taxing officer declined to allow them, on the ground that all that would be necessary would be to add tissues, and not to amend those alreading existing ; and that the costs of issues in existence had not been tendered nugatory.

This was a motion to review the taxation. Mr. Ollivier appeared in support of the rule, and Mr. Allan to show cause against it. His Honor reserved his decision. mills v. DAY. Mr. Bell moved for dismissal of action, and read an agreement between the parties as to the terms. Mr. H. H. Travers appeared on the other side. Action dismissed. . NATHAN (TRUSTEES OF) V. NATHAN. Mr. Hutchison, on behalf of defendant, moved that this action be dismissed. Mr. Bell opposed, on the ground that no grounds had been specified. HENDERSON (TRUSTEE OF) V. EVANS. Mr. Ollivier, on behalf of defendant, wished to move for a decree in plaintiff’s favor, and after some argument the decree was made. IN RE BECK AND TONKS. Mr. Travers obtained a rule nisi to vary an order of ’the Court in re Beck and Tonics’ bankruptcy. Rule returnable on Wednesday. IN RE JOHN ROBINSON. Mr. Hutchison obtained a rule absolute directing the keeper of her Majesty’s gaol at Wanganui to release John Robinson, ho having been by mistake wrongfully imprisoned on an order of two justices of the peace. The Court then rose.