THE APPEAL COURT.

Otago Witness, Issue 2010, 1 September 1892, Page 35

THE APPEAL COURT.

Wellington, August 26. A special sitting of the Court of Appeal was held to-day to deal with the applications in the cases Isaac and another v. Schultze and another and Robertson v. Howden and others. In the first case the motion was for leave to appeal to the Privy Council. Sir R. Stout appeared in support of the motion, Mr Jellicoe opposing ; Mr Chapman appearing for the respondents, who were trustees. Notice of motion had been filed and served within.l 4 days from the judgment of the Court of Appeal in the case, bufc the courb having risen without adjournment the motion could not be heard within the time, and ifc was contended thab ifc was therefore too late. The court, however, held that notice having been given within 14- days, and a motion made in courb upon the first occasion when the court sat, the application was in time, and leave to appeal was given upon the usual terms. In the case of Robertson v. Howden and others, Sir R. Stout moved, on behalf of respondent, for leave to appeal to the Privy Council, Mr Jellicoe opposiDg. The courb intimated that leave would be granted, bub a settlement of the terms was allowed to ' stand over pendfng the decision of the courb upon a number of questions referred to it by Mr Justice Williams in connection with accounts and inquiries under the decree being appealed from. These were argued and decided, and the court reserved its decision on the question of the amount of securiby to be given for bhe appeal to the Privy Council. August 28. The Court of Appeal on Saturday fixed L 4-200 as the sum for which security should be given in the appeal to the Privy Council in the case of Robertson v, Howden and others.