COURT OF APPEAL.

Timaru Herald, Volume XIIIC, Issue 14324, 14 October 1910, Page 5

COURT OF APPEAL.

GERALDINE LICENSING CASE. Per Press Association. WELLINGTON, Oct. 13. The Appeal Court is heading the case of Mulhern v. Day and others, in which the plaintiff lost licr hotel license through the alteration in the electoral boundaries of Ashburton. Actions were commenced by the five of six licensees affected to compel .the Licensing Committee by mandamus to renew their licenses, the committee having refused to do so on the grounds that that they had no jurisdiction. It was arranged that only one action should be tried, the others to abide by the decision therein. The action was lieaxd in the Court of Appeal ill October, 1909, and the Court decided against the applicant. Leave was granted to appeal to the Privy Council. Owing to inadvertence. due to security for the appeal not being lodged within the prescribed time, the right of appeal to the Privy Council lapsed. The plaintiff in the present case is one who agreed to abide by the decision in the first case. She now appealed to obtain le-ave to prosecute the appeal to the Privy Council. A difficulty in the way was that the license would have expired in June last, had it been granted. Judgment was given for defendant with costs, and leave to appeal to the Privv Council was granted on the usual terms. Mr Husking and Mr Johnansen appeared for the plaintiff, and Mr Adams for the defendant.