THE COURTS.

New Zealand Mail, Issue 1265, 28 May 1896, Page 38

THE COURTS.

COURT OF APPEAL. At a sitting of the Court of Appeal on Thursday, judgment was delivered in the following cases : Sanitas Company v. Ogle, an application for leave to appeal to the Privy Council against the decision of the Appeal Court confirming the decision of the Supreme Court in refusing the Company an injunction to restrain Ogle from infringing their trademark and trade name.—Leave was refused, and =£lo 10s costs were given against the appellants, who will probably now petition the Privy Council in the matter. Annie Moore v. Ngarino Horima and others. —The Court held that the late Justice Richmond was right in confirming the decision of the Trust Commissioner in refusing the late Mr Jas. Moore, farmer, Kai Iwi, a certificate approving of the lease to him of a block of Native land. J. Lowman v. E. Foley. The Court dismissed the appeal, holding that in forfeiting certain interest tho appellant was relieved of further liability with regard to his non-performance of an agreement to purchase land. In the case of Trengrouse and Co. and tho Official Assignee of tho property of E. Steeds, tho appeal was dismissed. Despatch Foundry Company v. J. Kilgour. —The Court held that there had been no breach of agreement with the Company on the part of the respondent in establishing his daughter injjan iron-foundry business and acting as her manager, and dismissed tho appeal. In the matter of the Deceased Persons’ Estates Duties Act, 1881, and re estate of James Dilworth, deceased, tho Court dismissed tho appeal, being of opinion that the bequest was not a bequest to any of

tho objects included in tho interpretation clauso of tho Charitable Gifts Duties Exemption Act, 1883. Leave was given, on tho application of Sir Robert Stout, to appeal to the Privy Council. i’ercival Barker v. Judges Edgar, Mair and others.—Tho Court dismissed the appeal, holding that Justico Conolly was right in refusing a m'nulnmus to tho Native Land Court to continue proceedings in regard to tho Poututu .Jurisdiction Act. Leave was given to appeal to the Privy Council. Mr Chapman applied that the TJ-'gishar should transmit to tho Privy tired! th : documents in the case Nireaha Tumaki v. Buller. Tho application was granted. The Court adjourned consideration of the case of W. N. Ward, solicitor, until the October sittings. Tito Court of Appeal on Friday upheld tho conviction of Annie Brown on tho charge of procuring abortion. The Chief Justice said lie thought that at common law coercion of the wife by the husband was no excuse for her unless the act was done in the presence, actual or constructive, of her husband. If such was the law subsection 2 of section 24 of the Code became quite intelligible, and in his opinion the Legislature intended by that section to enact that tho rule as to that kind of compulsion known as coercion by the husband should no longer prevail. As to tho other question reserved lie was of opinion tho direction was unobjectionable. There was nothing in the matter reserved for the opinion of the Court that rendered the evidence of the husband’s acts and statements inadmissible. The other Judges agreed that the conviction was valid. The prisoner was found guilty at the Wellington Supreme Court, and is awaiting sentence.