COURT OF APPEAL SUMMARY.

Dominion, Volume 5, Issue 1271, 28 October 1911, Page 4

COURT OF APPEAL SUMMARY.

YESTERDAY'S DECISIONS. A number of resorced judgments were delivered in tho Court of Appeal yesterday. ]'n tho case of lI.M. the Ring v. Charles Boakes, a special case in which it was assumed that the prisoner was applying; for a new trial on tho ground that the jury had been influenced by tho conduct of tho principal witness during the hearing, the Court decided that the conviction for perjury must stand, as tho judge had no power to reserve the point. A majority of judges, however, were of opinion that tho jury had been influenced by tho conduct of the woman, and remarked that it was still open for tho prisoner to mako representation to tho Governor-in-Council. In the ca.se of Schmidt and Bollshaw v. Greenwood, an appeal from a decision of Mr. Justice Fxlwnrds finding 1 the appellants guilty of fraudulent misrepresentation in connection with a land sale, tho Court reversed the finding on the ground that it was not proved conclusively by tho evidence.

A majority of judges decided that judgment must be for defendant in the ease of Pidgeon and others v. Narbcy. This was a claim for specific relief (ifet heard at Christchurch and removed into tho Court of Appeal for the rale of a I parcel of land in the Akaroa district. Tho decision of Mr. Justice Edwards, delivered in Iho Supremo Court nt Auckland, was upheld in the case of tho Taitu,i Golden Hills, Ltd., v. M'Kane and others. At tho Warden's Court, Thames, M'Kane and others were awarded damages iu connection with the loss of profit on n contract, which they were not allowed to complete. The Tnirua Golden Hills, Ltd., appealed unsuccessfully to the Supremo Court at Auckland, and have -ilso boon unsuecff.tful in the Court of Appeal. Another decision given was flint in reformer, to the motion for confirmation of the Registrar's report as to remuneration of trusters and executors of the will of Allan MT.ran, late of Christchurch, deceased. The Registrar recommended that the executors be allowed out of tho estate a sum of XWi 2s. kl., in addition to tho amount of .£3OOO provided for in tho will. Tho Court allowed an additional sum of .£750. A fuller account of tho proceedings ap-