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Saturday 28 September 1878
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Supreme Court.
FniDAT, September 27.
? Appeal Court?Special Sitting.
: ' Before his Honor Mr. Justice Lutwyche, Act : ing' Chief Justice, aud Mr. Justice Lilley, sitting
as the Full Court.
: '¦ WHITEHEAD AND CO. V. SUNLET.
The Attorney-General, instructed by Messrs. Daly and Abbott, moved, on behalf of the de- fendant iu. this suit, for leave to appeal to tho Privy Council against a judgmeut of the Court, ¦ given on September 13. Mr. Harding, instructed by Messrs. Rees R. Jones and Brown, appeared . on behalf of tho respondents.
A preliminary objection raised hy Mr. Harding, ..: that the respondents had not received due notico
of tho intention of the appellant, was argued, and ultimately decided against him.
The Attorney-General, iu making the applica . tion, stated thatit was made under circumstances ?which had never before arisen in the colony. . The words of the Order-in-Council giving tho . right of appeal iu such cases to the Privy ? Council, were "that any person may appeal
..... in ease any such judgmeut, decree, ¦order, or sentence, shall be given or pronounced
for, or in respect of any sum or matter at issue . above the amount of .£500, or.shall
involve directly or indirectly, any claim, demand, or question to or respecting property or any civil right amounting to, or of the value of £500 ster- ling I" Now, aceordiug to the affidavit of Mr. Daly, sworn September 18, the sum involved in this action was less than £500 ; but there was another action pending, in which R. M. Hunter, of Rockhampton, was plaintiff, and Sunley, was defendant; in this action a sum of £Gi9 was involved, and the facts of the two cases were, he was instructed, and verily believed, so closely alike in the important features that the judg- ment of the court iu Whitehead aDd Co.'s .case would govern that in Hunter's. In this way the judgment sought to be appealed against did in- directly iuvolve a sum of over £500, aud it waa ' therefore within the meaning of the Order-in
Council, from which he (the Attorney-General) had quoted.
After hearing Mr. Harding iu reply (who con- tended that the court had no jurisdiction under the circumstances, and that the application must be dismissed with costs),
Their Honors refused the motion, with costs, on the ground that there was no cousolidatiou of actions, and no agreement on the part of Hunter to abide by the decision in the case of Whitehead v. Sunley. -
In Chambers.
Before his Honor Mr. Justice Lutwyche, Act- ing Chief Justice.
In the matter of Margaret Hudson, a lunatic, Mr. A. B. Pritchard, the duly-appointed com- mittee bf the lunatic obtained an order of court, authorising him to complete the sale, to Courtenay Spry, of six acres of land, part of portion 154, parish of Warwick, on payment, of £20, balauce of the purchase-money.
IN THE MATTER OP PETER BRODIE.
Peter Brodie, of South Brisbane, laborer, an insolvent, appeared in person, and upon his own affidavit obtained leave to pass his last examina- tion on October 16, before the court'
QUEEN V. RHEESE.
Mr. Murphy applied that the prisoner Rheese be" admitted to bail. From the affidavits and depositions produced, it appeared that ? some weeks ago Rheese was committed from St. George to take his trial at the Toowoomba Circuit Court upon a charge of having caused the
death of his wife.
Mr. Kean, on behalf of the Crown Solicitor, 'offered no objection.
The prisoner was admitted to bail, upon enter- ing into his own recognisances in the sum of £40, and finding two sureties to the extent of £20 each. IN THE MATTER OV THE WILL OF GEORGE GANNON.]
In the matter of the will of George Gannon, late of Rockhampton, Mr. G. E. Cooper applied for leave to pass accounts of the sole executor, from June 20, 1877, to May 8, 187S, upon the certificate of the registrar, and for commission at the rate of 5 per cent upon the amount collected ?£2728 3s. 9d. Order: Accounts passed; com- mission at 2J per cent on the amount collected; costs of passing accounts and of this application
allowed.