Supreme Court.

Star (Christchurch), Issue 619, 17 May 1870, Page 2

Supreme Court.

THIS DAY. (Before Mr Justice Gresson). IPs Honor sat in the Court Chambers, at 1 1 o'clock this morning. In Banco. page v. graham. His Honor delivered judgment in this case, wherein tbe plaintiff, Mr Joseph P»gJ, applied for au injunction to restrain Mr J. E. Graham, as trustee in tbe bmkruit es at * of Frank Slee, frcm selling the bankrupt's right j and interest in the Selwyn Hotel, and certain pa-idooks adjoining. His Ho:ior adverted to the affidavits at considerable length, and snid lit appeared to him tbat no case had been made out to call for the interference ol the Court. The motion for an injunction must therefore bi refused, with costs.

RHODES AND ANOTHBR Y. ROBINSON. Mr Harper for plaintiffs. Mr Garrick for defendant. Tbis action was brought to recover moneys paid by plaintiffs for erecting a fence between the St Leonards aud Cheviot Hill« runs, at the joint expense of the plaintiff, and defendant, in pursuance of an agreement between him and one Duppa, who assigned to plaintiffs. The action was substantially the same as the one commenced in 1867, and upon which judgment was given for defendant on a point of law on demurrer. " Defendant now pleaded that judgment in bar to the present action, and to this plea plaintiffs demurred. The question* for the Court to decide were, whether the judgment pleaded in bar is conclusive between the parties as to matters not discussed or abjudicated upon, but only admitted by the plaint'ff. for the purposes of demurrer in the previous action ; and whether plaintiffs are estopped by the judgment of the Court of Appeal on the demurrer, so long as it is not sought to diminish the effect of that judgment, it being merely a judgment upon a point of law,- and not as to the merits of the case. After hearing Counsel on both sides, his Honor took time to consider his decision. In Bankruptcy, be willi au. b. wads. On the application of Mr Slater, his Honor made an order fixing the last examination for the 27th June. BB THOMAS HUDSON, CATHERINE COFFET, AND ARTHUR ROBERT COOPER. On the application of Mr Slater ia the two first-named cases, and of Mr Harper in the third, orders of adjudication were made, and the meetings of creditors fixed for the 25th May, at 11, 12, and 1 o'clock respectively. RE HORACE SIMPSON BROWN. Mr Cottrell, on behalf of Mr Cash, Timarn, applied for an order declaring the complete execution of the deed of assignment. His Honor made the order as prayed.