MISDIRECTION BY JUDGE

Otago Daily Times, Issue 17658, 23 June 1919, Page 3

MISDIRECTION BY JUDGE

APPEAL IN SLANDER CASE, i It was held by the Court of Appeal that tnere had been misdirection by tho judge in fcho case of Eliza Emery and Major and Aha Hogg (says Lloyd's Weekly of April 6). This was on the appeal application of Emery, for whom Mr Schwabe, K. 0., contended that Mr Justice Darling had not properly directed the jury upon her case, and that there ought to be a new trial. Daily work had been dono by Emery for Mrs Hogg and her husband, Major Henry Hogg, a doctor attached to the New Zealand Field Hospital at Brockenhurst, and sho claimed damages for slander, her complaint being that Mrs Hogjr had accused her to a detective and a Miss Homo of stealingvarious articles from her flat in London" The trial resulted in a verdict and judgment for tho Major and. Mrs Hogg. _Fot Major and Mrs Hogg, Mr Barrington Ward contended that no case had been made out for a new trial, and that Emery was entirely from the charge of theft Both Major and Mis Hojrg, he added, had now gone buck to Nw Zealand, and if a new trial were ordered it would probably have to take place in their absence. But tho appeal was allowed, as pfcated,