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Supreme Court.

FRIDAY, SEPTEMBER 27.

APPEAL COURT—SPECIAL SITTING. BEFORE his Honor Mr. Justice Lutwyche, Acting Chief Justice, and Mr. Justice Lilley, sitting as the Full Court.

WHITKHEAD AND CO. V. BCNLET. The Attouney-General, instructed by Messrs. Daly and Abbott, tuored, on behalf of tbe de fendant in thin suit, for leave tv appeal to the Privy Council against a judgment of the Court, given on September 13. Mr. Harding, iußtmcted by Messrs. Rees 11. Jones and Brown, appeared on behalf of the respondents. The ATTORNBY-GENERAL.in making the applica tion, stated (hatit waa made under circumstances which had never before arisen in the colony. The words of the Order-in-Council giving the right of appeal in such cases to the Privy Council, were " that any person may appeal in cose any such judgment, 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 !" Now, according to the affidavit of Mr. Daly, sworn September 13, the sum involved in this action wbb less than £500 ; but there was another action pending, in which R. M. Hunte/, of Rockhampton, waa plaintiff, and Sunley, was defendant; in this action a sum of £649 was involved, and the facts of the two cases wore, be was instructed, and verily believed, bo closely alike in tho important features that the judg ment of the court in Whitehead and Co.'b case would govern that in Hunter's. In this way the judgment sought to bo appealed against did in directly involve a sum of over £500, and it was therefore within the moaning of tho Order-in- Council, from which he (the Attorney-General) had quoted. Their Honohb refused tho motion, with ooste, on the ground that there was no consolidation of actions, and no agreement on tho part of Hunter to abide by the decision in the cade of Whitehead v. Sunley. Before his Honor Mr. Justice Lutwyche, Act ing Chief Justice. In the matter of Margaret Hudson, a lunatio, Mr. A. B. Pritchard, the duly-appointed com mittee of the lunatic obtained an order of court, authorising him to complete the sale, to Courtenay Spry, of aix acres of land, part of portion 154, parish of Warwick, on payment of £20, balanoe of the purchase* money. IN THE MATTER OF PETER BBODIE. Peter Brodie, of South Brisbane, laborer, an insolvent, obtained leave to pan his last examina tion on October 16, before the court. QUEEN V. BHJEKBE. Mr. Murphy applied that the prisoner Rhee«e be admitted to bail. From the affidavits and depositions produced, it appeared that some weeks ago Rheese waa committed from St. George to take his trial at the Toowoomba Circuit Court upon a charge of having caused the death of his wife. 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. IJT THX MATTER OF THE WILL OF OEOBOI GANNON. In the matter of the will of George Gannon, late of Rockhampton, Mr. G. £. Cooper applied for leave to pass accounts of the sole executor, from June 26, 1877, to May 8, 1878, upou the certificate of tbe registrar, and for commission at the rate of 5 per oent upon the amount collected —£2728 3s, 9d. Order: Accounts passed; com mission at 2} per cent on the amount collected; costs of passiug accounts and of this application allowed, Monday, September 80. Before his Honor Mr. Justice Lilley, in the estate of Robert Austin, the iusolvunt personally applied to have his last examination taken. Mr. Daly (of Daly and Abbott) objected on behalf of the trustee (R. J. Cottier, of Roma); and the necessary documents not being complete, the application was adjourned till Friday. In the estate of Andrew Morrison, oil the applica tion of Mr. Bennett (from the office of Messrs. lUcali/iter and Mom), a certificate of discharge was granted to tho insolvent. Twelve months had elapsed since the adjudication, and tho con sent of the creditors to the granting of the cer tificate was shown. In chambers, before tbe same Judge, in the matter of the will of the late Maria Cameron, Mr. Harding, instructed by Messrs. Murphy and Patterson, applied for the usual order to pass accounts. An order was made giving permission to pass the accounts certified by the registrar, allowing executors' costs, including the costs of passing the accounts and of thin application. In the case of Thomas y. Cottier, Mr. Bennett applied for antorder call ing upon the defendant to Bhow cause why certain money now iv court ehould not be paid to the plaintiff. An order was made as prayed ; service of the summons to be by posting in the office of the registrar ; costs to be taxed. Tuesday, October 1. In Chambers. Before his Honor Mr. Justice Lutwyche, Acting Chief Justice. m'ohie, luya, and co. v. onus. His Hoxob delivered judgment iv this matter as follows :—This was an application under the 49th section of the Insolvency Act of 1874, made by a person who had been served with a debtors' summons at the instance of H'Qhie, Luya, and Co., to dismiss such summons on the ground that he waa not indebted to the creditors serving such summons, or that ho was not indebted to such amount as would justify such creditors in presenting an insolvency petition against him. The summons was based on a dishonored promissory-note, dated October 19, 1877, and made by John Gillis, in favor of M'Ghic, Luya, and Co., for £66, pay able in four months after date, at the Queensland National Bank, Brisbane, and thesummonsclaimed a further Bum of £2 6s. Bd. for interest from the date of dishonor of the note. The order I make is, that the proceedings on the summons be stayed until further order, and that the question relating to the alleged debt arising out of the promissory note be tried before a Judge of the Supreme Court, at the Civil Sittings appointed to be held at Brisbane, on Monday, tho 11th of November. Costa of the present application reserved.

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