His Honor —But if he had not set forth his caee the Court would hive made the rule absolute in hie absence.
Mr Joynt would submit that if the affidavit meant anything it meant that Fuhrmann answered the rule. There was not a word about the jurisdiction of tbe Court. He (Mr Joynt) thougnt that this method of settling the matter would be as much for the benefit of Fuhrmann as for the trustee.
Hie Honor said he thought it was obvious that Fuhrmaira did appear, but did not sub mit, as he protested against the jurisdiction. He was clearly of opinion that there had not been a submission under the Bth clause of the Act, hence the rule would be discharged. Order—Rule discharged, with costs. I KB HETTRY QTTALXKB. * In this matter, which, were two similar applications to the last, Mr Joynt obtained leave to withdraw the motions. OIEATB T KING. This was an argument on demurrer to the plaintiff's declaration. Mr Q-ar rick, with him Mr Holmes, appeared in support of the demurrer. Mr George Harper contra and against the demurrer.
After argument, His Honor gave judgment allowing the demurrer, with costs. The Court adjourned till to-day at 11 a.m.
Wednesday, June 23.
