SUPREME COURT.

Otago Daily Times, Issue 10731, 20 February 1897, Page 8

SUPREME COURT.

. IN CHAMBERS. Friday, February 19. (Before his Honor Mr Justice Williams.) RE JOHN RYLEY (A BANKRUPT). Motion to allow extra costs to bankrupt's solicitor.

Mr Sim appeared in support of the motion, and pointed out that in the case of Arthur M'Donald's bankruptcy extra costs had been allowed to the bankrupt's solicitor. The Official Assignee offered no objection to the motion, and observed that in large and important cases it was usual to make such allowance. Accordingly , -£25 by consent. LOGAN V. MACDONALD.

Summons for discovery of books and documents, Ac. (Mr A. S. Adams).—Accordingly; within 10 days.

SMART AN*D ANOTHER V. REYNOLDS. Motion for trial of action before a jury of four.

Mr F. R. Chapman, ou behalf of the plaintiffs, moved in this matter.

Mr Haggitt, for the defendant, objected to the procedure, and also objected that the case was not one for a jury. His Honor expressed the view that the case was one for a jury, aud thereupon Mr Haggitt asked that the jury should be a special jury.

Mr Chapman assented to this, and His Honor accordingly made an order for a special jury cf four.

RE DUNCAN MACDONALD (DECEASED). This was an application for directions as to the service and hearing in connection with' aa originating summons. Mr Fraser, who appeared to move, mentioned that this summons was issued as, in consequence of a recent decision of Mr Justice Denniston, an alleged next of kin was claiming interest in policy moneys, and he thought it highly probable that his Honor would prefer to see the question decided by the Court of Appeal rather thau have it argued before him.

His Honor said the question was one of extreme importance to the community at large and to the profession, and he thought it highly desirable that there should be the fullest possible argument in connection with the matter.

Mr Fraser remarked that in the present case the estate was very small, and iv his opinion the various law societies should combine and assume the responsibility of the argument in the Court of Appeal, or there should be prompt legislation that would obviate the necessity for any argument. His Honor suggested if no arrangement could be made by the law societies for an argument of the question in the Court of Appeal, it might be fully argued here and notes taken and the matter removed to the Court of Appeal. Mr Fraser replied that he thought an arrangement could be easily made to have the question exhaustively argued before the Court of Appeal. An order was made for service on the alleged next of kin"; summons to be he*rd next Chambers day after seven days after service. KE SAMUEL SCHLESINGER OR SLESINGER (nECEASEO). Motion for remuneration to executors (Mr Thornton). — Remuneration in accordance with the registrar's report. NIKEL V. NIKEL. Motion to fix time and place of trial before the judge alone (Mr W. C. MacGregor).-—Wednes-day, March 10, before the judge alone. RE SAMUEL DAVIDSON (DECEASED). Motion for leave to sell freehold propsrty (Mr J. A. Cook).—Accordingly. RE JAMES BENTON (DECEASED). Petition for appointment of guardian ad litem (Mr J. Mouat).—Accordingly. . RE ELLEN ANN PRENDERGAST (DECEASED). Motion for letters of administration (Mr Fraser). —Accordingly. RE GEORGE M'GAVIN (DECEASED). '- Motion for probate (Mr Haggitt). — Accordingly. RE CHARLES HAY (DECEASED). Motion for probate (Mr Moore). —Accordingly.