SUPREME COURT.

New Zealand Mail, Issue 838, 23 March 1888, Page 17

SUPREME COURT.

CIVIL SITTINGS,

Thursday, March 22.

(Before His Honor Mr Justice Richmond.) NOPERA TIKI V. ALLEN. Mr Jellicoe for the plaintiff, Mr Bell for the defence. This was a case in which the plaintiff claimed LSOO damages for malicious prosecution and imprisonment. Mr Jellicoe, in opening his case, said the plaintiff resided at Mangaliuia, near Carterton. On the 2nd February last he was arrested at the instance of the defendant (W. P. Allen, of Carterton) on a charge (falsely and maliciously laid, the plaintiff said, and without reasonable cause) of the larceny as a bailee of the wool of 3000 sheep. He was taken to the lock-up at Carterton and kept there till the 3rd, was charged and remanded till the 7th, when he was tried by the Resident Magistrate and acquitted. On the 7th February the defendant preferred a further charge against the plaintiff of the larceny of 3000 sheep, and this charge also was dismissed by the Resident Magistrate. The plaintiff said, therefore, that by reason of the above conduct on the part of the defendant he had suffered annoyance and disgrace, and had been put to expense to the extent of LSO in obtaining his release. The statement of -defence (Mr Jellicoe proceeded) admitted the arrest, and that the plaintiff was not guilty of the charges brought against him. The defendant also admitted that the charges were dismissed, but denied that the in formations had been falsely or maliciously laid, or without reasonable probable cause ; and said also that the expenses incurred hy Nopera Tiki were matters which followed in due course of law, and were not otherwise incited by the defendant ; that the sheep and wool were the property cf the defendant, having been mortgaged to him, and the defendant was advised to his course by counsel. (Left sitting.)