LEAVE TO APPEAL.

Manawatu Standard, Volume LIII, Issue 257, 27 September 1933, Page 8

LEAVE TO APPEAL.

CASE OF THREE FARTHINGS DAMAGES. Per Press Association. ■WELLINGTON, Sept. 27. When the Court of Appeal case, Bod'p.e v. Sievwright. was resumed, Mr Weston, counsel for appellant, continuing his argument, submitted that a.ppellant should be allowed to appeal as a pauper, not only because his liabilities greatly exceeded his assets, but also because he had .no income and lived in a state of absolute destitution. The Court reserved the question as to whether appellant was a. pauper and called upon counsel to show that good grounds for appeal existed. Mr Weston submitted that Mr Jus-tic-e Ostler, in assessing damages at the contemptuous sum of three farthings, had taken into consideration the evidence of specific acts of dishonesty which he should have discarded. Counsel contended, in addition, that the finding of justification in respect of the charge that appellant was a rogue and that he ought to he in gaol was not justified by the evidence. Mr O’Ler.ry. counsel for respondent, submitted that the trial Judge was correct both as to the finding of justification and assessment of the damages, and that no reasonable ground for appeal existed. After considering the question, the Court held that there were reasonable grounds for a.ppeal and that appellant was a pauper. Leave to appeal in forma pauperis was accordingly granted. The earlier proceedings in the case are reported on page 3.