BERTLING v. NORTON.

Otago Witness, Issue 2929, 4 May 1910, Page 23

BERTLING v. NORTON.

THE QUESTION OF APPEAL. WELLINGTON, May 1. In the Supreme Court yesterday, before the Chief Justice, Mr Dunn, on behalf of John Norton, proprietor of Truth newspaper, and defendant in the action Bertling v. Norton, moved for a stay of execution. A motion was also moved, on behalf of plaintiff, for payment by the "defendant of costs amounting to £3OO awarded to plaintiff, which had been paid into court at the close of the motion for a new trial. Counsel for defendant had asked for a stay of execution for one month, which was refused by the court. Plaintiff then issued a writ of execution, and put a bailiff in possession of defendant's premises from, which the newspaper is published. The defendant (Norton) then paid the sum of £I4OO into court to cover the amount of the verdict and the costs and costs of appeal. Execution was thereupon stayed by the court, the terms upon which it was to be stayed being left open to argument today. Mr H. H. Ostler (with him Mr Sharp) appeared for ■plaintiff, and Mr Dunn for defendant. After hearing argument the Chief Justice made an order that the costs awarded to the plaintiff up to date, amounting to £320. should be paid out of the money in the hands of the court, and that he defendant should undertake to bring his appeal on at the next sittings of the court of anneal. £3 3s costs were allowed to plaintiff on the motion.