COURT OF APPEAL
MAHER V. JOHNSTONE NEW TRIAL UNJUSTIFIED WELLINGTON, Saturday. In the case Maher v. Johnston, of September 27, the judgment of the Appeal Court is that the principles on which new trials, on the ground of the discovery of fresh evidence may bo granted and the dangers incidental to a grant upon that ground, were fully discussed by this Court in the case, Orbell v. Mossman, and that it is unnecessary to recapitulate them. It is sufficient to say that in applying those principles to an order for a new trial is not justified in this case. We are of the opinion, therefore, that a new’ trial should not have been granted and the appeal is therefore allowed. Costs on the middle scale were allowed to appellant. Mr. Justice Blair dissented from this decision.
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Sun (Auckland), Volume II, Issue 485, 15 October 1928, Page 7
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136COURT OF APPEAL Sun (Auckland), Volume II, Issue 485, 15 October 1928, Page 7
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