SUPREME COURT.—IN BANCO.

Otago Daily Times, Issue 6591, 30 March 1883, Page 4

SUPREME COURT.—IN BANCO.

Thcbsdat, 29th Mabch.

(Before his Honor Mr Justice Williams,

TURNBULL V. PBOCDtfOOT. Motion to obtain the decision of the Judge npon two is3uos of fact remitted from the Court of Appeal—viz., whether George Proudfoot had any interest in the lands in Rattray street, and, if so, whether he acquiesced in the different transactions between David Proudfoot and George Turnbull therein. Messrs Denniston and Kettle appeared for the plaintiff, and Mr JR. Stout for Mr G. Proudfoot.

Mr Stout raiised the objection that the prosent was not the day fixed for hearing this case. If his client had been present he would not, he said, have raised (,he objection, but Mr Proudfoot was in New South Wales.

His Honor thought the plaintiff would also want Mr Proudfoot'a evidence, for if it was shown that he had an interest in the land, then it would ba for the plaintiff to prove acquiescence. Mr Stout said he had documents sufficient to prove his client's interest in the land, but he. would rather not rest entirely on them, As counsel for a person in another Colony, he did not wish to tako any responsibility or make any concession. If the case was adjourned, and Mr Proudfoot did not arrive by the first steamer he could possibly come by, he would not ask for any further adjournment. He asked that the case should be adjourned for three weeks, and promised to send an urgent telegram to his client. Mr Kettle said that the day nad been specially fixed in Chambers for hearing this case.

Hiß Honor remarked that he did not think 3lr Stout's objection tenable, but agreed to grant the adjournment. Mr Denmston applied for the costs of tha day. His Honor adjourned tha. case for three weeks, and said that it appeared only reasonable that the costs should be the plaintiff's costs in any event, aa against Mr George Proudfoot.

The Court was then adjourned.