SUPREME COURT.

Dominion, Volume 2, Issue 466, 26 March 1909, Page 9

SUPREME COURT.

IN CHAMBEES. n '.' . . . : . fr. ■' ... . AN UNCOMMON CASE. ■... • . Application was mado to Mr. Justice Coopor for teavo to apply to the Court of Appeal for a rehearing of a charge of perjury preferred against Oliphant Hughes,, of Wangauui. Hughes was tried for the offence in June, 1905, .and, tipon conviction, was; sentenced to 18 months' imprisonment, whioh ho duly served. Mr. L. Elliott, of Messrs. Field, Luckie and Toogood. appeared in support of, tho petition, which ; was granted. Hughes now seeks to set up his innocenco with a viow to securing the removal of the stain on his character. Tho ground on which the rehearing is sought is that the verdict was against tho weight of evidence. CLAIM 'FOE CONTRACT MONEY. ' With reference to tho case of Harold J. K Dutton,- builder, of Wellington versus Annie Breen, wife of E. P. Brecn, engineer, Hataitai, which came before Mr. ■' Justico Denniston m Chambers, some weeks ago,, judgnionfc was delivered yesterday. . ■' • ' . .' This was a claim for ,£351 6s. 5(1., balance of contract moneys alleged ito be due in connection with the erection of a house. When the case camo before-his Honour it was pointed out that . no provision was mnde as to the course to be adopted in the event of a suit of the kind being defended, as was the case in respect of the present action." 'On behalf of plaintiff, Mr. Dunn , moved for judgment, but Mr. Beere, on behalf of defendant,!opposed on the ground that the action was defended. His Honour .hold the plaintiff, was entitled to judgment.' ' ; '