THE LAW OF LIBEL.

Evening Post, Volume LXXV, Issue 31, 6 February 1908, Page 7

THE LAW OF LIBEL.

A PAHIATUA CASE. In tlio Supremo Court to-day, before Mr. Justice Cooper, John liraun.gan, of Pahiatua, eontiactor, appcalad Itoin a docißion oi District Judge ilaseldeh in tue District Court at ii J ahiatua. The original action was brought by Jiraumg&u (the appellant in Una vaccj ngainst liveiyn JVlautionald, ot I'alna.Ura, {aimer, claiming damages for a libel alleged to have been contained in a Jrtlor addressed by Macdonald to the Pahiatua Herald, and jmblished by tho paper as an advertisement, and in a declaration published as uu advertisement of. the instigation of MacdonalcT m the Pahiatua Herald. Tho District Court judge held at tho hearing in Hit District Court that tho words complained of were not capable- of a defamatory meaning, and nonsuited plaintiff. l<"rom that decision Brantiigan appealed. Tho advertisement alleged that evidence in -a certain action wafc untrue and incorrect. Mr. Morisoli appeared for tho. appellant and Mr. liardmim for the tespondeul. After rrgumcnl, his Ifonour held that tho words fot out in tho statoment of claim, and complained of by tho plaintiff in tho court boloiv, wero not ihcapabl* of ft, deiairiatory moaning, and that therefore the District Court judgo was wrong in withdrawing tho caso from the jury and in nonsuiting tho plaintiff in tho District Court. Ho thcrcforo allowed tho appeal, and ordei'e'd tho nonsuit granted by the judgb in the District Court to be Bet aside, and directed that there should be a, new trial in the District Court. Cost", eeveii guincab and disbursements, were alI lowed to the appellant.