SUPREME COURT. — Civil Sittings.

Auckland Star, Volume II, Issue 540, 3 October 1871, Page 2

SUPREME COURT. — Civil Sittings.

TUESDAY, (OCTOBER 3,

£Before; His'_lonor Sir G. A. Arney, Knight, Chief Justice, and a Special JuryJ His Honob took his seat on the bench at 10

b'olock, vrrpj v rT&fi --■'•'.'".-•", "'.**." .:'-.':' 1 *McNico__ v. the WaiboA Road Board.— The facts of this case were published yesterday at considerable length." The cause came to an abrupt termination by the knowledge thAt at thy* "tiinfe-df.' tife- alleged; dedication *of the road by the plaintiff there was a mortgage' bver-th^land' 6b Thomas Hendewoh _nd John JMaeffarlatttji merchants-, of the* tiity of Aucki: l and, 'and* thej ■ print, ipat -was dvi' at the: tinie '.i.l.posed 'dedication : waa-made".—Mr.r '--M-_e'J porrtiick sAid therecould b& no dedication of : laud under such'iJirouinst'ahce'&.^The ipl-_irifc*ff: •JwiU'-put* rintii 'the'bdx, audi,"identi_ied; ftbe mortgage deed, upon which the plaintiff boiTowedl£3o6 a&TO jcter-cent. The principal was to be' paid off iri instalments of not less thau £20. A sum of £150 was duo to the mortgagees at the time of the dedication. — His Honor sustained the opinion of Mr. MacCormick as to tlie law'upon* this" point. The only remaining question wss the question/of damages. The action, however, "was avowedly brought, not .to recover. d*D_tages)bpt to try a iright.—Mr. Richmond, for the plaintiff, said he had advised the" plaintiff to accept the amount of actual damage (£5).-. Under direc- - tion of His Honor the jury' found 'for pM_iii__? damages £5. Ad