HOLDER AND NEILEY V. GREYM UTH HARBOR BOARD.

Grey River Argus, Volume XXXIII, Issue 5553, 22 July 1886, Page 4

HOLDER AND NEILEY V. GREYMOUTH HARBOR BOARD.

[to the editor.] Sih, — I beg to correct a misstatement appearing in your leader of this morning's to the effect that the " Board took advantage of the agreement between the Board and Holder and Neiley not being completed to shnnt the importunate and probably impecunious plaintiffs so as to avoid having the case tried on the merits." This statement is not correct, as no objection whatever was on the part of tha Harbor Board taken to the agreement on any ground. The nonsuit points raised on behalf of the Board in no way attacked the validity of the agreement, but were really bssed on the assumption that the agreement had been completed by all parties, and were quite sufficient to nonsuit the plaintiffs, even had the agreement been properly completed. If your reporter present at the time that the nonsuit points were raised — will refer to his notes ho will see what the points were, and will also find that the one referred to in your leader — was not raised. — I am, &c, H. W. Kitchingham. Greymouth, July 21st, 1886. [Will Mr Kitchingham say that the question was dealt with on its merits, or that he did not obtain a nonsuit on a legal technicolity ? — Vide the decision of the Resident Magistrate.]