CIVIL JURY

Evening Post, Volume CXXI, Issue 75, 28 March 1936, Page 25

CIVIL JURY

EXTENSION OF TIME

APPEAL COURT CASE

An pppeal against the decision ci Mr. Justice Ostler, when he refused at Wanganui to extend the time during which 'an application for a jury j in a civil trial could be made, was' heard in the Court of Appeal yesterday afternoon by their Honours Mr. Justice Heed, Mr. Justice Blair, and Mr. Justice Kennedy. 'jthe appellant was Gretchen Wright, of Raetihi, an infant suing through her guardian ad litem, Parris Ashton Wright, oi Raetihi, a farmer, represented by Mr. 0, C. Mazengarb. The' respondents were Reginald Anderson and Patrick Mouat, both of Raetjhi, represented by Mr. G. G. G. Watson, r V . Mr. Mazengarb submitted;—(l) That the Judge had not exercised his discretion on judicial principles or on the right principles. (2) Th,at it was hot competent for the defendants to set'the case down for trial. ' (3) That the action was; not ripe lor trial.- -■.-■■ ;■. -. ■ ; ■■■.-. - (4) That the action could more conveniently be tried before a jury. Mr. Watson submitted that no wrong principle had been acted upon by the trial Judge and consequently the appeal could not be; and that there was no jurisdiction to make the order for extension 'at the time thg application was made.