COURT OF APPEAL.

Evening Post, Volume XXI, Issue 107, 9 May 1881, Page 2

COURT OF APPEAL.

? ¦ The ordinary half-yearly sitting of the Court of Appeal opened this morning at 11 o'clock, their Honors the Chief Justice, Mr. Justice Johnston, and Mr. Justice Gillies forming the Bench. A number of cases were mentioned with a view to settling tho day on which they should be taken, but the absence of several Southern counsel, and also that of Mr. Justice Richmond, at present engaged at Taranaki, interposed difficulties. Eventually, it waa arranged that the case Smith v. Johnston should be taken at next sitting. This suit was tried before the Supreme Court, Wellington, a short time ago, and has reference to the sale of a station on the East Coast The jury found for plaintiff, the vendor, and defendant sought a rule nisi for a new trial on a variety of grounds. This application was removed into the Court above, and now comes up for argument. Mr. Brown (of Ollivier, Holland, and Brown) referred to the case of Hendrey v. Hutt County Council (demurrer), and asked for leave to have it set down on the list. It transpired that the case was at present before the Supreme Court, but the parties desired it to be removed into the Court of Appeal. The Court pointed out that Mr. Brown must first secure tho fiat of the Supreme Court Judge for its removal, and Mr. Brown promised to see to the matter at once. Tho Court then adjourned till to-morrow at 11 a.m