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Cltaurcl of E-lgirllad Property
Trast, Diocese of Gc lllbllrn,
v. Rosst.
In equity on ?Iidif, before Mr. usatico Owen,
Mr. A. H;Eiinpasoh appeared for plaintiffs,
and Dr. Donovan and Mr. Loxton appeared
for the defendant, Captain ROSSi.
Mr. Simpson said this was' an application
for an order on admissione in the pleadings,
the defendant not having filed a statement of
defence to the statenment of claim filed on
7th March last. He understood that his
friend had a statement of defoneir ready, and
he migbht say at once that he could not object
to the filing of the defence.
Dr. Donovan said that in the first instance
Captain Rossi intended to conduct his defenoe
personally, without counsel or solicitor. He
wrote to the plaintiffs' solicitor, drawing at
tention to what he considered certain omie
aions in the statoment of claim. Pending an
answer to that latter, whioh he did not goet
for five weeks, he thought he was not called
on to go further. The defendant did not
proceed with his statement of defence, but hbe
was about to prepare it when the plaintiffs
intimated to him that they were desinous
that the suit should be heard in connootion
with what hbe might call the main snit, which
would come before l4is Honor in a few days,
and which was commenced two years ago. In
that state of thinge tho defendant wrote to
plaintiffs' solicitors that if he had been aware
of that in the first instanco he would have re
tained counsel, and now he wishod to in
struet a solicitor in the matter. The solici
citor whom defendant had engaged in the
first suit was now in England, and defendant
had to instruct a new solicitor. There was
some delay then, and the statement of de
fence was not ready by the day named by the
plaintiff.
Dr. Donovan undertook to file the defense
on or before Monday.
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