Supreme Court.

Star (Christchurch), Issue 1002, 3 May 1871, Page 3

Supreme Court.

Tuesday, May 2. (Before Mr Justice Gresson.) His Honor eat in the C jurt Chambers, at 1 1 o'clock this morning. RE JOHN ROWLEY. Dr Foster, on behalf of Mr Slater, applied for an order of adjudication and meeting of creditors. His Honor made the order, and fixed the meeting of creditors for Wednesday, the 10th instant, at 1 1 o'clock. BE JOSEPH GORE OSBORNE. Dr Foster, on behalf of Mr Slater, applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, and fixed the meeting of creditors for the 10th instant, at 12 o'clock. RE JAMES CARSTON. Mr Wynn Williams applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, and fixed the meeting of creditors for the 10th instant, at one o'clock. HE THE ASSIGNMENT OF ROBERT THOMPSON. Mr Garrick applied for an order declaring the complete execution of the deed of assignment. His Honor said that the notice given waa insufficient, and therefore the case must stand, so that fresh notice might be given. RE THE WILL OF JOSEPH HAWDON, DECEASED. Mr George Harper applitd for probate to It. Campbell and F. Banks, executors. His Honor granted probate of the will, and three codicils, reserving to the executrix. RE JAMES DUNVILLE SMITH. Dr Foster applied for an order of adjudication and meeting of creditors. \ . ' : His Honor made the order, and 'fixed the meeting of creditors for the 10th instant, at 2.30 p.m. RE THE GOODS OF nUGH DALGLIBH, DECEASED. Mr E. Bamford, on behalf of Mr A. Thompson, applied for fetters of administration to J. Dalglish, brother of deceased. His Honor: Do you know if he left any widow? It does not appear in any way. Mr Bamford: No, he did not. The widow, I believe, was drowned at the same time. His Honor eaid this should have been specifically set out. He would consider the matter, and intimate his decision to the Registrar. His Honor subsequently intimated that upon a fresh affidavit being made that there were no nearer next of kin in the colony, the order would be made. PERRY V. RHODES. Mr George Uarper applied for an order extending the time for bringing in accounts.' &c, to the 3rd of June next. His Honor made the order as prayed. TTILLIAM S WAGE AND OTHERS, CREDITORS IN THE ESTATE OF ISAAC NOAKE. Mr Garrick, on behalf of the petitioning creditors, applied for an order of adjudication and meeting of creditors. His Honor said that the petition was defective, and not properly verified. Mr Garrick said that all the petitioners were ready to verify, and he would have it done at once. His Hoßor said that if the petition were fully verified, he would make the order as prayed. LAW PRACTITIONERS' ACTS, &C, AND RE W. H. WYNN WILLIAMS, SOLICITOR. Mr George Harper, on behalf of Mr Williams, applied for an order to refer back the taxation made herein to the taxing master. The notice and affidavit not pointing out the items objected to in the bill of costs, the case was ordered to. stand over until Friday next, for a fresh notice to be served. LAW PRACTITIONERS' ACTS, &C, AND HE W. H. WYNN WILLIAMS, A SOLICITOR. This was an application on behalf of Darby Maher, calling upon Mr H. W. Wynn Williams, to show cause upon a rule obtained, why he should not answer the matters contained in his (Maher's) affidavit filed on the 3rd of March last. Mr Williams now showed cause. Mr L. Harper appeared on behalf of Mr Williams ; and Dr Foster, instructed by Messrs Garrick and Cowlißhaw, on behalf of Darby Maher. Dr Foster said be had seen Mr Cowlishaw, and they were of opinion that the case was met by Mr Williams. I His Honor: lam under the . impression that the case is fully met, and that the rule ought to he discharged. Mr L. Harper: I must ask your Honor in this case to discharge the application with costs, and at the same time I would ask your Honor to express what opinion you may think fit on the subject, as I think this is a case to which my learned friend, Mr Williams, has some claim to ask the opinion of the Court. As your Honor will cc, the affidavit of Darby Maher, which was filed in this case, has been so completely answered by independent witnesses, apart from Mr Williams' affidavits, that it appears to me his statements there are almost unexplainable from their falseness and for other reasons, and io strong are the answers, and

so complete the replication to Matter's Btateruents, that I think the Court might, on an occasion of this kind, be asked to express its opinion. His Honor : I am quite prepared, Mr Harper, to discharge the case, with costs. • Mr Harper: 1 feel the case is one which 1 appears to me to have been brought on without sufficient instructions or consideration ; and as one that might seriously injure the reputation of my friend Mr Williams it seems . to me almost to call for an expression of the opinion of the Court, that an application of this kind should not have been made on t:it ; unsupported statements of a man whose truth- • fulness, as is well known, not only to your Honor but to every one of us, could not be relied on. His Honor : If Dr Foster wishe9 to say ; anything before I express my opinion, I am now ready to hear him. Dr Foster : I cannot ndrnit, your Honor, that the cisc is so completely disposed of as to warrant its being discharged, with costs. I think your Honor will bear in mind that this is the only cuse in which the rule has been discharged, with costs. His Honor : Because, generally speaking, [ the case was unfavourable to the solicitor. ■ We have ncv-r had v case in which there has been anything like the answer given by the ! solicitor in this ense. 1 Dr Foster : I might refer your Honor to the case of Macguire, who had committel gross perjury for the purpose of obtaining [ property belonging to his brother, who was a [ lunatic. In that case, the rule was discharged, but without costs. L His Honor :In that case I was also of 1 opinion that the conduct of the solicitor was not whnfc it ought to have been. Dr foster : But I think your Honor said that was not a case for costs. There i 3 nothing here to shew that this was not a ' reasonable case for inquiry. [The learned Doctor proceeded to refer to the case at length] Mr tiarper said his learned friend had ' admitted .that the affidavits wers fully ' answered, and he did not think he had now a right to go into the case again. 1 His Honor said he felt bound to hear Dr 1 Foster on the question of costs. Dr F >ster contended that the case was not one upon which the Court would visit his client with costs. ' His Honor : I must say that looking at the whole case as a reasonable nvin, if I were on 1 a jury I could have no doubt as to the order I should make. In fact, I have seldom made an order «jih less hesitation ; and I think it due to Mr Williams to say that considering the dilßculties of the case, he has given a ■ very complete answer, and my only ' doubt Ma been whether I should dir;ct. Maher to be indicted for perjury. 1 I had very, strong doubts about it, but know- • ing the S'.irc of man I knew him officially to be, and the habits of intemperance he has been so long addicted to, I had doubts upon it; but ie was a very serious question with me whether I should htve directed him to be 1 indictod for perjury. I think the case was pressed very severely upon Mr Williams, and I think he has given a very satisfactory : answer lo it. 1 Rule discharged, with costs. ORAM V. REVKLL. ; Mr Garrick for pi .-.in tiff. Mr George Har--1 per for defendant. 1 This was an argument on demurrer to defendant's second and third pleas. After hearing counsel on both sides, his '. Honor took time to consider. The second demurrer was not argned, the same points being involved. The Court then rose.