Shanghai, 17th February, Botore D, H. Barney, Enq., Consul-Generat, sitting as Judge.
UH, Lesrer v. F. P, Kyioar, Mr, Warvewaicur appeared for the plain-
Mr, Hespenson for the defendant, the receiver of the deceased, and the action was brought to recover is. $25.
Plaintiff in his petition set forth that in October, 1878, he entered into contract with the deceased to take the mangement of his estate, and in addition to his salary he was to be provided with a house, He claimed 600 as compensation for failure to complet the contract, and Tis, 225 in respect of hou Defendant answered that the contract was made whey the defendant was of unsound mind and that it was never actually entered into.
Mr. HeNpERSON moved that the case be dimi: for want of prosecution, Mr. WarNEwniGnr objected to the case being gone into on the ground that he only received notice of it coming on to-lay on the previous evening, whereas lo was entitled ye days' notice, Mr, HENDERSON said the motion was filed on the 13th, and he understood it was set down for hearing to-day, Mr. Warszwnicur did not know that was Mr, Hexperson did not insist on the motion being heard.
The Covrr said it could stand over until Thareday.
Mr. Warsewnronr said with regard to his objection to the motion he wished simply to put it to the Court whether it was reasonable that such a motion should be entertained at all when there was to be " change in the management of the estate by the appointment of anew receiver. Mr, Henderson represented he could not say who; certainly none of the parties interested; and he came at the last moment to have a fling before he left the to somebody else. He now wanted to over simply because the defendant had raised dismiss this case which had been standing,
the plea that the testator was of unsound mind at the time he made the contract. The into a big fight on that account; but as a matter of fact that question was to be decided byaJury. It would bea great hardship if the defendant now dismissed the petition, when in all probability the result of the trial' would be to enable those about to take charge of the estate to deal with it one way or other. At any rate a new receiver would be appointed, and he could not conceive that there covid be any hardship in the estate waiting a little while, His learned friend was now retiring from the seene—Mr, HespErsox begged pardon. He hal not thought of retiring.
Mr. Warsewricur said there would be new parties to deal with, and he thought it unreasonable that the case should be brought on at present, Probably he should not say avy more on Thureday than what he had now stated.
Mr. Bexpensox ssid he was present as Counsel to the estate, and should continue to so act until an order was made for his removal, Mr, Wainew it bad suggested a change of management of estate. He did any Jaw by. ich any change be some trick or seine jugglery, but could not imagine any such thing coming into Court, He was not going away until gh the business he was retained Tt did not affect at all sition xs Counsel at the bar of the Court if the reoriver was changed every day in the week. He did not ask for the motion to be set down for any articular ime; it was set down for to-lay without his asking for any specific date.
After f discussion the Court said it tw louk through the pap in the cas Loo Fooxe kwang v. Fraxcts Parnstas Ksicur, Lecviver of the Estate of Edwin Maurice Smith, deceased, and Marinew Tyson Yares, D.D. tif.
Mr. Warsewaronr appeared for the pli case previously been before the Court, when the plaintiffs missed on a demurrer with leave to amend, vet, a present United States, residing within the jan Aiction of the Court.' Mr. F. P, Knight waa the iver of the estate of E. M. Smith, who, life time, invested largely in land aw buildings situated in the foreign of Shanghai, and at the date of his death, which occurred on the 19th November, 1878, he was possessed of a ity of such property.
year 1962 it was alleged Mr.
in want of additional vital for chase of land and the bull that be Lorrowed from the following the several sums of money set opposi their respective name:
Text read from the printed page and cleaned; old type leaves the occasional error.