COURT OF APPEAL
[by telegraph.—press association.) Wellington, Thursday. In the Appeal Court argument was heard to-day in the case of Fanzelow v. Kerr. The motion was for a nonsuit or a new trial in an Motion for malicions prosecution. The plaintiff had been charged with stealing sheep and acquitted, and brought an action against Kerr for damages. The jury awarded him £400. The defendant contends that he did not direct the prosecution, and that the information was laid by a sergeant of police. A majority of the Court of Appeal, consisting of Judges Williams, Denniston, and Conolly, allowed the motion for non-suit on the ground that there wat no evidence to go to the jury that tho defendant prooured the prosecution of the plaintiff, Costs were allowed the defendant on the Supreme Court scale. The Chief-Justice dissented from the decision of the other members of the Court.
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Bibliographic details
New Zealand Herald, Volume XXXIII, Issue 10132, 15 May 1896, Page 5
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147COURT OF APPEAL New Zealand Herald, Volume XXXIII, Issue 10132, 15 May 1896, Page 5
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