RIGHT OF APPEAL.

Lyttelton Times, Volume CXVIII, Issue 18572, 26 November 1920, Page 4

RIGHT OF APPEAL.

[Per Press Association.] NAPIER, November 25. Mr Justice Sal monel, at the Supreme Court to-day, delivered reserved judgment in a Wellington case, Aitken and others v. Siiiedley, an appeal against the refusal of a magistrate to eject a tenant. His Honor said the first question was whether there was right of appeal from the Magistrate’s Court on ejectment proceedings, and this had never been the subject of considered and authoritative determination. “I am of opinion,” he said, “ that 'here is no appeal from the refusal of a magistrate tt> make au ejectment order, and if there is any appeal at all in ejectment cases it is limited to an appeal by a tenant against an order of ejectment.” The appellant also appealed against the Magistrate’s refusal to give judgment for the full amount of rent claimed, cn the ground that the rent agreed upon and claimed exceeded the standard rent of the premises as defined by the "War Legislation Act, 1916. His Honor allowed this part of the appeal.