THE NODINE CASE.

Oamaru Mail, Volume XXXVIII, Issue 10573, 30 September 1910, Page 4

THE NODINE CASE.

A S'rt'UHORNDKFKNDAKT. (Per Pkess Association.) ■ Wellington, September 20. Another phase of the Xndino case was reached to-day in tlio Supreme Court, when an. application for a writ of attachment was applied for, Charles .Nndine having failed tr> sign the lease drafted in accordance with the instructions of the Court-and approved by the Registrar, referring; to the premises on Lamb ton Quay owned by ./. A. Hannah. When last before 'the Court 111Dunn objected to ihe motion of attachment, as when the draft lease was drawn tip by the Registrar Nndine was not present. After argument the motion was then 'dismissed, and the Court instructed that another lease should be. drawn up and settled by the Registrar that day. The ,Judge said that if Nodino did not sign thai iease a. motion for attachment might then follow - as a purely administ rati ye process. To-day 'Mr C. P. Skerrett, K.C.. with him Mr !'\ P. Kelly, appeared for M,r Hannah, autl Mr Nodino appeared in person. Their Honors Mr Justice Edwards and Mr Justice Cooper occupied the liencU-.' Mr Skerrett outlined the case, and stated tliat-Nodine had refused to sign the. latest lease. He asked leaye ic is'svio'a writ of attachment upon the ground that Nodine.had failed to obeythat part of file judgment whereby it was ordered that the agreement, should be specifically performed, and that the defendant should' sign a memorandum of lease --approved . by.Jthc Registrar. He submitted that Ihe defendant did not liow have any defence to the granting of the writ. Mr Nodino then entered into a long explanation, introducing matter referring to the earlier trial. This the Judges would not allow. Mr Justice Edwards said it was absolutely out of the question that the defendant should be allowed to question the : decision of the Court, by which he had been told to abide. Itwas also out of the question to consider how tho..-matter-should be allowed i to stand .oyer. His Honor said that no good could come of Mr Nodine's action, which was that of a wrongheaded man. The Court could not he flouted in this manner. The decision would be that the order for a writ of attachment should be granted. It would lie at- the office of the Registrar for seven days. Speaking to Mr No- '. dine, his-Honor said': Now, Mr Nodino,, yon have...-seven.days in which to come to'"your senses.' If* in that time you do not-come -to. your : pwn senses, it is because .of vour own.folly. : -Mr-Nodine asked if he could have a further:; opportunity of appearing before tile 'Court. " ■ His Honor said that he would appear j.n,seven days if he,did not comply with . tlic order: ■■■'■■■ 3 Mr : Nqdine inrpiired if he could not 7;o straight away to gaol. Then his :Hori6?-laughed-the question aside, and said: "The order wi]l lie for seven days.": .• j" ; ''.•''