COURT OF APPEAL.

Clutha Leader, Volume V, Issue 230, 6 December 1878, Page 6

COURT OF APPEAL.

Wellington, December 2.

In the Court of Appeal, in the case of Holt and M'Carthy y. Webb, the Chief Justice said the plaintiffs were seeking the protection of the Court over a species of property which atpresent had no existence, :jand that protection could not be given. He thought the demurrer must be upheld on that ground, to say nothing of other points.

Judge Johnston pointed out there could only be copyright in respect ox something published, and when telegrams were once ■published the only persons to be injured were those who had paid for the privilege •of publication. •

Mr Justice Gillies considered that the of any complication of news in a newspaper is a dedication of it to the whole world, arid, in the absence of any •statutory prohibition, anyone is at liberty to produce copies thereof. Justice Williams took a similar view.

In the case Morris v. Kissling, the case in which the defendant, while -employed in the purchase of land for the plaintiff, as alleged, the demurrer to the plaintiff's declaration was overruled. The defendant intimated a 'probability of his taking the case to the Privy Council.

In the case -of Dester v. Brigham, the case in which Brissenden is concerned, the demurrer was allowed on the third plea. In Din v. Pickering, the demurrer to plaintiff's declaration was allowed, which was also done in the case ©f Fisher v. Travers.

In Regina v. Bell, the shooting case, reserved from the Canterbury district, the conviction was approved. The court adjourned till Friday.