Smith v. Dawson and Others.

Southland Times, Issue 4965, 26 June 1884, Page 2

Smith v. Dawson and Others.

; [By Telegraph. J : . ; - DoNEDDTj June 25. In the Supreme Court to-day, judgment was given in the case Smith v. Dawson and others, tried at Invercargill. His Honor paid.that lie had to decide two questions — (1) whether the notice of intention to purchase, given two days before the expiration of the term was a sufficient notice ; and (2) whether, if sufficient, the defendant was entitled to relief under the 25th section of the Supreme Court Act, 1882. His Honor held that the notice' was insuf. ficient. As to the second point, the jury believed the plain trff. It was absurd to suppose that where a notice was required to be given, and the party who ought to have given it swore falsely that he had given it, the. Court would listen to him when he afterwards asked to be relieved, on the ground of accident or mistake, from the consequences of not having given it. Judgment for plaintiff for possession, for LSO in name of profits, and cost?. — Mr Smith intimated ' bis intention to appeal. — His Honor granted a stay of proceedings on^ecurity being given within 14 days, and also security for such a sum as shall be fixed by the Registrar to be paid by the defendants for the use and occupation of the land from the present date until possession is given up to the plaintiff in case defendant's appeal fails.