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28205

MAR % 2 1947

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TABLE OF CASES REPORTED.

ACTION for negligence, in setting in motion a saw mill without notice

to plaintiff, whereby plaintiff's hands and arms were cut and permanently injured. Plea—not guilty. Defendant gave evidence that the saw was connected with the machinery by a shifting belt; that it was plaintiff's duty, when the machinery was stopped, to disconnect the saw by shifting the belt on to the loose pulley, which would have prevented the saw from moving when the machinery was again set in motion. The Judge, on conclusion of defendant's case, held that there was no evidence to go to the Jury, and directed the plaintiff to be called. Plaintiff by his counsel appeared, and objected that he could not be nonsuited against his consent. The Judge overruled the objection. Held, on motion to set aside nonsuit, that the Judge was right.

COPELAND V. WENTZELL 30

ADVANCE NOTE assigned by a Seaman. Held, not to be the subject of an action by Transferee.

JEWELL V. GILES AND ANOTHER 72

APPEAL from Local Court. (See Local Court.)

BAIL TO THE ACTION.-Rule nisi to cancel bailpiece and to discharge defendant—The cause not tried-Rule discharged.

J. M. SOLOMON V. OCHILTREE 80 BANKING ACCOUNT. (See Liability.) CERTIORARI. (See Order of Judge.) CERTIORARI. (See Local Court.) COMPANIES ACT, No. 13, 1864.–Order of Judge in Chambers

Appeal from-Held, that there was an appeal to this Court from an Order of a Judge under sec. 34 - Amendment of Register of Shares-Summary Jurisdiction-Where the claim of an alleged proprietor to be placed on the Register of Shares was resisted on the ground of absolute failure of consideration. Held, by Hanson, C.J., and Gwynne, J.-Boothby, J., dubitante-Affirming Order of Hanson, C.J., that the Court would not exercise its Summary Jurisdiction on disputed facts, but would direct an issue to ascertain the facts, or leave the claimant to his remedy by Bill.

IN THE MATTER OF THE MURNINNIE BISMUTH AND

COPPER MINING AND PATENT SMELTING COMPANY
AND E. H. COSSINS

87 CONTRACT. (See Indebitatus Assumpsit.) EJECTMENT. – Possession - Verdict for plaintiff by consent.

Held, on motion to set aside verdict and enter a nonsuit, that

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