SUPREME COURT. —Civil Sittings.

Taranaki Herald, Volume XL, Issue 9061, 20 April 1891, Page 2

SUPREME COURT. — Civil Sittings.

Monday, April 20.— Before His Honor Mr Justice Connolly. ! His Honor to >k his seat afc 11 o'clock. (J. HUTCHISON V. MRS POWELL. Claim, £300 10-s 6:1 (less some credits) j for costs in connection with litigation of some four years ago, principally concern- ] ing a case tigainst one Ilarcourt, which had j been before the Supreme Court here on j four occasions, before the Supreme Court i in Wellington on three occasions, and I before the Couit of Appeal once. Plaintiff is a lawyer, practising at Wanganni, awl defendant a resident oi New Plymouth. Plaiutifi: appeared in person ; and Mr Hughes appeared for the defendant. {Continued from Saturday.] Mr Hutchison stated lie would give formal evidence in his claim, and then Mr Hughes c uld cross examine him. George Hutchison, sworn, said : I am a solicitor, practising at Wanganui, The defendant, Mary Powell, is indebted to me for £300 10^ GJ, according to particulars that were given a month before tlm action was given notice of, less two amounts that »hon!d bo credited, namely, £25 pa:il at the commencement o£ the proceedings, and a sum of Jt'o pail during the proceedings for a witness who came from ». distance. The balance of £270 10s 6d is. I s-iy. due arid justly owing by the defendant '■" me. That is my evidence, in chief, your Honor. By Mr Hughes : My instructions were to take proceedings against one Harcourt, a resident of Wellington, and the- assignee" in the estate of one Foote of New Plymouth. The amount of the claim was, if I remember rightly, £1,010 with interest from tiie date of the writ. The claim was under a bill of sale given by Foote to Mrs Powell, but unregistered, as against Harcourt, the holder of the bill of sale from Foote, which had been registered, and under which he had realised. I included Foote's assignee as representing the maker of the bill of sale in each instance. I gave Mrs Powell a written opinion on the matter of the case before the proceedings commenced. It was given through an agent, Mr James McLauchlan, who came to me at Wanganui on her behalf. I have api ess copy of my opinion. [Mr Hughes said he asked for it because he was instructed that it never reached Mrs Powell. The copy Nov. 22, 1883, was here produced by_ Mr Hutchison]. The Judge nonsuited the plaintiff on the opening of the case" here. I appealed against the judgment in Harcourt's case, and I got it reversed. Appeal was not made in the creditors' trustee's case on account of expense. I did not advise Mrs Powell that the nonsuit was correct as to creditors' trustee. [His Honor here read the judgment on appeal from the Law Reports.— Mr Hughes said that from that proceedings against the Asftignee were unnecessary.] I do not know what costs were paid to creditors' trustee. I did not settle them, but I think my agent (Mr Roy) might have. If Mw Powell said they were £98 16s I would not dispute it In Harcourt's case a new trial was ordered by the Court of Appeal. I got tho costs allowed in the Court of Appeal, and made no further charge for appearing there. They amounted to between £23 and i' 24. The case came on again at New Plymouth on November 5, 1884, and was again adjourned on the application of the defendant Harcourt. 1 told McLauchlan I could not attend at tho inception o£ the case unless I got my full fee. The fee was never disputed by Mrs Powell until now. There has been no point raised on overcharge till now. [At this stage Mr Hughes said it was competent for HiH Honor to go into the items of tie bill. — His Honor said he aever expressed anything bnta general opinion only when not asked for it, and he always preferred to refer the bill of costs bacK to the taxing officer. Unless asKed ho would uot express any opinion about the bill of costs which he had not seen yet, and, therefore, could not assfuine it to be an overcharge or to the contrary]. The next step was the trial in Wellington by arrangement before Mr Justice Richmond without a jury. This was to avoid waiting forsix months. The motion for judgment was taken before the name judge in Banco some time afturwardfl, and the judge delivered a written judgment ou June 30. The judgment wad a nonsuit again on B different point, in Mrs Powell's evidence. This was the end of this action. They tried t > arrange the matter, but could cot, and after consideration it was decided by Mrs Powell to commence anew against Harcourt alone. The fresh action came off at New Plymouth on November 3rd, 1885. A stay of proceed ings was ordered by the judge on the motion of defendant until costs o! the previous action had bee a ascertained and BOttL-l. It was a surprise to him that defendant's counsel (Mr Travera) got proceedings stayed, and he thought it piubt h»vo, arose from pique on

Harcourt's part The next stop was tho trial at tho next sittings at Now Plymouthin April 1886, before a jury. There was no result except thar the jury answered the questions partly in favor of plaintiff . aud partly in favor of dofendant, and found a specific sum of £175 for damages aad leave was given to either party to move for judgment, the motion to be taken in Wellington. His fee on that occasion wsa £52 10s as arranged. In September he moved for judgment, which was in favor of plaintiff for £175 and scale costs. (Proceeding as we went to Press.) The case concluded at 4 p.m., when His Honor returned judgment for Mr Hutchison for £270 10s 61 (the amount claimed) and costs.

A few days ago the Ministers were asked by Judge El wards to allow themselves to be represented by counsel in the Altlridge case, and to maintain his judgment by opposing tho motion for a writ of quo warrant*. They have replied, declining to take any part of the Court proceedings, on the ground that they do not recognise Mr Edwards as judgo. The Premier fctales that almost immediately after taking office the Government wrote to tho Chief Justice, protesting against Sir Edwards taking any judicial business until Parliament should deal with his case, and, having done this, they acknowledge no farther responsibility until the matter comes before tlm llouse.