Supreme Court.

Star (Christchurch), Issue 339, 15 June 1869, Page 3

Supreme Court.

4k> This Day. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers at -eleven o'clock this morning. CHAPMAN V. TOOTH. Mr Travers and Dr Foster (instructed by Mr Fereday) for plaintiff ; Mr Garrick for defendant. Tbis was a summons calling on the plaintiff to shew cause why paragraphs 3, 4, and 5 should not be struck out of the replication, on the ground that they were framed to embarrass and prejudice tbe trial of the action. After argument, the paragraphs were atruck out by consent, Mr Fereday paying the costs of the application. ORDERS OV ADJUDICATION. Orders of adjudication were made in the following cases ; the meetings of creditors being fixed as under .- — Re Henry Dunsford, Wednesday, June 23, at 10 o'clock; Alexander Alexander, at 1 1 o'clock ; Tom Wade Kersey, at 1 2 o'clock ; Alexander Cairns, at 1 o'clock ; John Smith, at 2 o'clock ; Joßeph Batchelor, at 3 o'clock ; William Henry Barry, on Thursday, Jane 24, at 10 o'clock ; Richard Kyffin Kenrick, at 11 o'clock ; Thomas Buxton, at 12 o'clock ; Edward Fruhauf, at 1 o'clock ; Archibald Moore, at 2 o'clock ; Thomas Goldstone, at the Assembly Rooms, Timaru, on the 23rd June, at 11 o'clock. RE CHARLES JAMES FOSTER. Mr Fereday said he had omitted to apply for ooats on the granting of the final order, and he now wished to bave an order made. His Honor ordered costs, to the amount of ten guineas, to have priority. Last Examinations. Orders fixing the dates for last examination and discharge were made as under: — Ue William Bryant, in Chambers, on Wednesday, the 30th June; John Henry Caton, at the Old Town Hall, on Thursday, the Bth July; John M'Lauchlan, Bth July ; George Mussen, Bth July; John Ward, Thursday, the sth August. RE WILLIAM SHEPHEARD. The bankrupt applied for an order fixing a date for last examination and disclurge. It appeared that the bankrupt had not complied with the rules, and had advertised the meeting of creditors for the wrong hour. His Honor gave the bankrupt leave to take his petition off the file, if he wished, and commence proceedings de novo. BEBWICK V. THE MAYOR, COUNCILLORS, AND BURGESSES OF KAIAPOI. The further argument in this case was postponed until Friday next, by consent. BE JAMES KING, DECEASED. Mr Garrick applied for an order declaring complete execution of the deed. The order was made. MATSON V. WILLIAM WESTON. Mr Garrick, on behalf of Mr Cottrell, applied, under clause 39 of the Bankruptcy Act, for an order for leave to issue a debtor's summons. His Honor made the order as prayed. LEE V. LEE. Mr Wynn Williams made a similar application, which was granted. RE SAMUEL BERLINER. _On the application of Mr Wynn Williams, his Honor made an order, confirming choice of Mr Henry iV/'oss as trustee. RE JOHN VIEBROOK, DECEASED. On the application of Mr Garrick, his Honor made an order for letters of administration to the widow. EX-PARTE ALLAN M'LEAN AND OTHERS. Mr Garrick applied for leave to register copy of deed. Order made as prayed. BE AUGUSTUS PORTER, DECEASED. Mr DOyly applied for lettera of administration. No rule was made. RE CHARLES BROWN TURNER. Mr Wynn Williams applied for probate to W. Wilson, as executor. His Honor made the order, reserving leave to the other executor named. RE JOHN SHEARING TVILLIS, DECEABED. Mr Slater, on bebalf of Mr Nalder, applied for letters of administration to the widow. His Honor made the order. WILSON V. CATON AND ANOTHER. Mr Garrick, on behalf of Mr Wm. Wilson, applied for an interlocutory judgment, in default of plea.

His Honor : This is an application for an order in the nature of a decree pro confesso ? Mr Garrick : No, your Honor ; for interlocutory judgment. I would apply for the decree afterwards. The application was ordered to stand over until Friday next. HE JOHN HENRY CATON. Mr Joynt asked if his Honor would be willing to take four sureties of £500 each, instead of two sureties of £1000 each. His Honor said he had no power under the Court of Appeal Act to do so.