Untitled

Otago Daily Times, Issue 4170, 30 June 1875, Page 2

MOXSOX V. JfOX.SOX.

Motion for a decree. Mr Barton, with whom •was Mr Macassey, for plaintiff; Messrs G. Cook and Howorth for J. and E, Mouson ; and Mr Smith for Blatch and wife. The case had been adjourned from a previous sitting. His Honour said he understood, when the case had been previously adjourned, that if there was something to be proposed now which it was desirable that the Court should deal with, he would endeavour to dispose of it; but if the substantial part of the case be gone into the case must stand over till the Court discussed the other cases. Would counsel for plaintiff, for the purpose for which they now moved, have to go into the matter of the construction of the will ? Mr Barton : Yes. . His Honour: Then it is quite clear that I cannot take the case up now; it is not pressing. After remarks from Mr Cook, His Honour said he had understood that there might be some matter that might be disposed of no\y as a preliminary matter, which would be of importance in the respect to direct or sanction certain intermediate proceedings in the way of making enquiries or taking-accounts, which would make the real argument on the decree something like a filial one instead of a case for reference. Mr Barton having intimated that he must go into the whole matter of the construction of the will, he (the learned Judge) was not prepared to hear anything further at present.

The case was ordered to stand at the bottom of the list.