RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 1319, 10 March 1877, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, Ist March. r (Before J. Bathgate, Escl, R.M.) f Caversham Road Board v. Kennedy. — Mr Stout, for the defendant, applied for a re-hear-ing of this case. When the case was brought before his Worship, ia the first instance, certain evidence was not called for the defence, because hi 3 Worship ruled that it was not admissible. A case was stated for the opinion of the Supreme Court, and the learned counsel having referred to the judgment of his Honour Mr Justice Williams, in connection with the appeal, concluded by asking that the rehearing J should be granted. — Mr Stewart contended that as the appeal had been dismissed, the matter was now resjudicata, and could not be reopened. Even if his Worship decided against him upon this point, he submitted that the rehearing should not be granted in consequence of the time which had been suffered to elapse since judgment was delivered. Mr Stout in reply said, evidence had been refused by his Worship, which should have been admitted. He also said that Kennedy had judgment given against him in cases in which his name did not appear on the ratebook at aiL His Worship decided to grant the rehearing. — Mr Stewart intimated that he would probably apply for a prohibition.