Deposit in the Chartered Bank:
Supreme Court Motion for an Injunction At H. M. Supreme Cowt on Wednesday, before his Honour Judge Skinner Turner, the case of Joseph Brothers v. the Chartered Bank of India, Australia & China was heard. This was a motion for an injunction to restrain the Chartered Bank from realizing certain monies, credits and securities belonging to the Philippine National Bank, pending an action in the U. S. Court for China by Joseph Bros. against the Philippine National Bank.
Mr. Lil D. Rodger appeared on behalf of Messrs. Joseph Bros., and Mr. R. E. S. Gregson for the Chartered Bank. The Philippine Bank was not represented.
His Lordship: Is this a motion in an action? I have no writ of summons. Can you take a motion in the air' like this?
Mr. Rodger answered that he had attached to the motion a writ by plaintiffs and a certified copy of the petition filed in the U. 8. Court. The motion was based on these documents.
His Lordship—Has not a motion to be under pending action?
Mr. Rodger—The action is pending in another court.
His Lordship—But it is not an action pending against the Chartered Bank.
Mr. Rodger—We do not wish to bring an action against the Chartered Bank, except in so far as we-wish to obtain security against their disposing of this money which belongs to the Philippine Bank.
His Lordship—I dare say you do. Bat can you get an order of that sort out of this court without a writ to begin with?
Myr. Rodger submitted that the motion might be taken in view of the dual jurisdiction.
His Lordship observed' that this was the first time he had had an application of this sort before him.
Mr. Rodger further submitted that the action filed in the U. S. Court might take the place of an ordinary writ beginning an action the Supreme Court.
His Lordship—Have you any idea whether that is reciprocal? If the position were reversed, would the U. S. Court treat a writ of this court as a writ of origin?
Mr. Rodger replied that it would.
His Lordship—That carries one a long way. It would apply not only to the U. S. Court, but to any competent court. exercising jurisdiction in China. You are asking for the execution of "a decree before you have got your decree, his Lordship added~ Mr: Rodger—We are only.asking that this property be conserved.
Text read from the printed page and cleaned; old type leaves the occasional error.