TENANCY COMPLICATIONS

New Zealand Times, Volume XLIX, Issue 11292, 18 August 1922, Page 3

TENANCY COMPLICATIONS

ALLEGED WRONGFUL ENTRY. SOLICITOR’S ACTION OBJECTED TO. , The suit of Nellie Evans, a board-ing-house keeper, against the Rev. and Mrs S. Robertson Orr, is being continued in the Supreme Court, before His Honour, Mr Justice Salmond, and a jury of twelve, of whom Mr P. E. Reid was elected foreman. The plaintiff, the tenant of No. 17 Bolton street, Wellington, claimed the sum of £5Ol damages for alleged wrongful entry into the house by a board of church managers, who had been given the temporary use of some rooms by the defendants, who owned the property. The defendants denied the existence of any agreement of tenancy, and set up as their defence tho Statute of Frauds, alleging that any such agreement failed to comply with tho statute. They denied depriving the plaintiff of possession of any portion of tho premises. Mr E. G. Jellicoe appeared for the plaintiff and Messrs M. Myers and 0. C. Mazengarb for the defendants. Tho evidence for plaintiff was of a most intricate nature, and there was argument as to the admissibility or inadmissibility. of various letters and documents. Mr Jellicoe, having requested that His Honour should look at a certain letter, which it was not intended should bo produced for the jury’s inspection, Mr Myers protested against the proceeding as being most Unfair and most improper, as being an attempt to mislead the jury into an incorrect idea of tho document’s importance. His Honour (to Mr Jellicoe): I should like to know why you suggest I should look at a document when you know perfectly well tho jury can’t look at it. It has nothing to do with the jury and nothing to do with me. The cross-examination of Mr Orr by Mr Jellicoe occupied almost the whole of yesterday, Mrs Orr being under examination by Mr Mazengarb when tho court adjonrned till to-day.