COURT OF APPEAL.

Lyttelton Times, Volume CI, Issue 11889, 12 May 1899, Page 6

COURT OF APPEAL.

[Per Press Association.] s ' WELLINGTON, May 11. ' The case of Mils v. Rogers and another was taken before the Chief Justice and Justices Williams, Denniston and Conollly. This is <in appeal from a. judgment given by Mr Justice Denniston. In • answer to Mr .Mills’s'recent, suit against his solicitors in connection with his libel actions against the “ Press ” and “ Otago Daily Times they set up the defence that the alleged agreement as to the division of costs and the amount recovered was illegal and void on the ground of champerty and maintenance. Mr Justice Denniston upheld this defence, and decided that it was competent for them to set it up, and, further, that they were not liable on the ground of negligence in not advising Mr Mills that the agreement was illegal and void. His Honor held that in the matter of the agreement the defendants were not acting as solicitors for the plaintiff, but were simply partners with him and not under an obligation to advise him. Mr Bell and Mr M’Gallum are appearing for the plaintiff, and Mr Jellicoe for the defendants. The argument of Mr' Bell had not concluded when the Court rose.