SUPREME COURT.

Star (Christchurch), Issue 4097, 8 June 1881, Page 3

SUPREME COURT.

♦ Wednesday:, June 8. (Before His Honor Mr Justice Johnston.) IN CHAMBERS. BI PUBLIC WOBKS AOT AND CLAIM 07 HBNBY LOUGH. His Honor, on the application of Mr Harper, fixed the Compensation Court in this case to sit on June 21, at 11 a.m. BB CONVEYANCE OBDINANCB AMENDMENT AOT, 1860. Mr Garrick obtained an order appointing L. Ot. Reid, of Timaru, a Commissioner of the Supreme Court of New Zealand. BB BANKRUPTCY ACT, 1867, AND THB BANKBUPTCY OF GEOBGE HUNTEB WILDIE. Return to Judge's summons of March 29, calling upon tho bankrupt to show cause why he ahould not appear for examination. Mr Joynt appeared for Wildie, to oppoße the motion. Mr Harper, for Mr Gray, of Dunedin, a creditor, appeared in support. Since the bankruptcy, which happened in 1875, the defendant had received his discharge He had paid a dividend of 2s 5d in the£. His Honor did not think sufficient cause was shown for troubling the defendant, and dismissed tbe summons. OBBDITOBS' TBUSTEE OE JOHN PEASES AND OTHEBS V. BBOWN AND BEAUMONT. „ Mr Joynt, for plaintiff, applied for settlement of issues and fixing time and place of trial, Mr Garrick appeared on the other side. It was arranged that the isauea should be settled, with tbe understanding that they should be varied and admitted if necessary at the next sittings in Chambers. The trial was fixed to take place at Ohristchureh on Wednesday, July 13, by a special jury, on plaintiff's application. STUBBS V. CHINNEBY. Mr Bruges obtained a summons in tb<s case, Mr Harper, on the other side, not opposing. The issues in the case were settled by consent, and the trial was fixed to take place at Christehurch, beforo a special jury (plaintiff's), on Friday, July 15. GIBSON AND WlrTv. HAMILTON HEWITT. Mr G. Harner for plaintiffs ; Mr Garrick (for Mr Guinness) appeared for the defendant. Thia waa a return to a Judge's summons, issued at Hokitika, to show cause why a commission should not be appointed to take evidence at Home, for the purpose of identifying Anne Gibson. Mr Garrick raised the question that the matter waa not in the jurisdiction of His Honor. Hia Honor said he waa assigned to the Weat Coast, and had jurisdiction. The application was granted. M'MILLAN V. SMITH. Mr Garrick, on behalf of the Sheriff, obtained a rule herein, returnable on June 17. LBABBS AND BALIS OT SETTLED ESTATES AOT. Re petition of H. Cain, Mr Button obtained an order that the Registrar's report herein ahould be confirmed. NEIL Y. M'INTYEH. Mr Jeynt, for plaintiff, applied for settlement of issues, and fixing timo and place of trial. Dr Foster appeared on tbe other Bide. The issues were settled, and the trial fixed to take place at Christchmrcb, before a common jury, on Thursday, July 11. TOBBWILL T. TOBSWILL. Mr Joynt obtained an order dismissing the action herein with costs, unless the other side move within three daya. DEEDS BBGISTBATION AOT. Mr Harper obtained leave to register offico copy of deed of assignment, J. G. Hawkes to T. B. Craig. UNION BANK OV AUSTBALIA T. OHBSNBY. Mr Joynt moved to Bet aside the writ, on the ground of irregularity, in thero being no description of the land in dispute. Mr Harper, on the other side, did not diiputo tho irregularity, but contended that through the laches of the defendant the irregularity could not be insisted upon. Mr Joynt admitted the lashes, but contended that no judgment could bo entered upon the writ as drawn. Mr Harper pointed out that a description of the land, though not in the writ itself, accompanied it ; and the other side by obtaining further time to plead, had taken another step, after aervice of the writ. Mr Joynt pointed out that the case would be very hard if the defendant were to suffer for a mistako not of hig own, but of his solicitor. His Honor though the laches clearly disentitled defendant to take adrantage o£ anj irregularity, and did not think that any de- ] fence had boen Bet up. His Honor refused j the application, and on tho application of Mr ! Harper, entered up judgment by default. PBOBATBS, ko. Mr Button obtained probate of James 1 Ashworth'g will to Elizabeth Ashworth and ; William MoAdam, executrix and exeoutor ; named. Mr Button obtained leave to register pro- ' bate copy of the will of Rebort Lundoy. 1 Mr Joynt obtained leavo to register copy ' ef William Colea' will. > Mr Harper obtained probato of will of r Frank Mathias to Herbert John Mathiaa, * executor named. Mr Harper obtaiuod leavo to register exemplified copy of the will of Thomas Ellis. Mr Joynt obtained letters of administration re James Taaffe for Hannah Taaffo, - widow. b Mr Joynt obtained lotters of administrab tion, re S. E. GilliDgham, for Emily Louisa e Gillinfcham, widow. r Mr Salter obtained letters of administrar tion, re William Kerr, to Isabella Kerr, y Mr Salter obtained probato, re Elterton Mitchell, for Mary Ann Mitchell, executrix ;

also, re John Bell Richardson, for Mary Ann Richardson ; also, re T. R. Jones, for William Bramwell Scott and Charles Edward Salter. Mr Harper obtained probate re John Walters, for William Anthony Benn and Thomas M'Naught, executors named. Mr Harper obtained probate re Samson Crowther, for Sarah Crowther, of Heathcote Valley, widow and executrix. Mr Harper obtained probate re George Martin, to Andrew Martin, executor named. Mr Slater obtained leave to register probate copy of will of Q. W. Grainger. Mr Harper obtained probate re Charles Gough, for James Gough, the sole executor. DEBTORS' AND OBBDITOBS' ACT. E. Rovell applied for his discharge. Mr Turnbull opposed the application on the ground that his fees bad not been paid. The bankrupt said tbat hia Trustee had forbidden him to pay Mr Turnbull. His Honor granted the order of discharge. Mr Spackman obtained an order of discharge for James Stratton. Mr Button obtained an order of diicharge for Charles Harvey. Mr Spackman, for Mr Holmes, obtained similar orderß for D. O'Sullivan, Peter Duncan, Andrew Bowman, and James Hunter. Mr Douglas obtained a similar order for Bryan Connor, Mr G. Harper obtained a similar order for J. R. Pawaey. Mr Spackman moved that the deed of assignment H. C. Young to E. Reeco bo declared completely executed, Mr G. Harper on behalf of Messrs Ford and Newton, opposed the application. Several affidavits had been filed on either side. Hia Honor declared the deed completely executed. Mr Harper obtained an order of discharge for M. A. C. Postan. Mr Bamford obtained orders for payment of debtors' costs out of tho estates in re Abraham Beaumont and Charles Walton. Mr Joyce obtained orders for the discharge of George Lipscombe, William Scott, and James Dancaster. BANr OP NBW SOUTH Vf ALBS V. OAMPBBH. Judgment waa entered up for possession of the land in thiß case by consent of Mr G. Harper, and the trial of other matters in the case was fixed for July 11, beforo a common jury. There were no assets. Mr Travera contended that, while in England tbe non-appearance of the executor waß taken aB an admission of assets, in the Resident Magistrate's Court in New Zealand the existence of assets must be proved by the plaintiff. He further contended that the judgment should bave been one of these two — either for the amount de bonis testatoris si non de bonis propriis, or from assets quando acciderint ; neither of which it had been. In support of his contentions Mr Travera quoted copiously from " Williams on Executors." Mr Izard contended that tbe judgment would not have been given if fche existence of assets had not been proved. He submitted that this waa an attempt to get behind the first judgment which had been made against the executor, who could not now give evidence that there had been no assets. Hia Honor took timo to consider his judgment.