SUPREME COURT.

Dominion, Volume 1, Issue 251, 16 July 1908, Page 4

SUPREME COURT.

IN BAKCO. POLICE v. nUTCHESONS. Sitting in Banco yesterday, His Honour , tho Chief Justice (Sir Robert Stout) and Their Honours Justices Cooper and Chapman • heard argument, relative to, the caso of De-: teetive ;Cassells - (appellant) -v. Mary Ann Hutcheson . and Andrew Hutcheson (respondj. onts)—an appeal from' a decision .given by Mr. TV.. G. iliddell,;"S.Ji; : ' Tho,facts,'-as--'-stated'by tho Magistrate, • were as follow:—Tho in/ormatiou alleged that , the defendants did koep a house, of ill-faniQ v T£ey pleaded rfot-guilty,'..but .jio-eyi-- ■ dence..;,.-Aftsr;;heariiig : tho evidence,:; tho' ; in- - - formation was dismissed. Tho: appeal was on tho 'ground ' that tho 'determination' was erroneous in point of law-. . Tho Magistrate had held that the facts were almost identical with those'ill tho. case of'Ellisoil v. Singleton". . '(1 Q.B;D. '607),"and in accordance witli' that decision dismissed ■ tho 'information. -Mr. Myers,-who appeared on behalf of.tho. Crown, . said that, upon being interviewed, ■ the respondents; who now resided in Auckland, had stated that, owing to their unimaucial position, they did nofc : intend to ap- ; peal, .. or, bo represented by-'counsel.' c Toov point involved was, lie continued, a ..very cir-„ - cumsoribed one, and bad been determined by tho Magistrate upon, it was submitted,;'a misconception of tho legal position." It was. ii question as .to . whether tho statutory definition 'in the Now Zealand law was tho same as the common ,law definition in England or whether there was such a distinction as to bring such a case as the 0110 in quesa question ,as to'whether the statutory deiinition. .. ; . ' :.■■ ■ • Tho Court reserved its decision. IN CHAMBERS. ' ; The. case' of Williaili Mitchell, -of Wan--ganui, V. Fred Alex. Harkness,- of AVangamii," was mentioned in.Chambers again yesterday. -This is an action for an-injunction to prevent tho defendant, who is the owner of certain premises . in AVnnganm, from _ building over a piece of land which tho plaintiff claims to be a .right-of-way. s The present application was ; for an interim ' injunction to last until tho trial. By consent tho following order was made:—Suit to be heard in Wellington on July 28, status quo to bo maintained in the meantime, plaintiff undertaking that ho. shall be liable to pay - any consequential damages which may ariso from de- ■ lay in defendant's building operations, and which could bo properly recoverable if tho interim injunction, were' granted, with, an undertaking for damages, and afterwards dissolved. All .quostions of costs in _all . proceedings to be reserved without prejudice to either party'. Mr. G. Hutchisou appeared on. . behalf of plaintiff, and Mr. M. Myers for defendant.