FREE LEGAL ADVICE.

Dominion, Volume 3, Issue 891, 10 August 1910, Page 3

FREE LEGAL ADVICE.

FROM THE BENCH. . JIB. NODINE'S NOTICE OF APPEAL The litigation in which Charles Nodine, tailor, of Wellington, is acting ns his own lawyer was advanced a step further yesterday during a sitting of Mr. Justices Cooper in Chambers at the Supreme Court. A few weeks ago, tiro Chief Justice (Sir Robert Stout) gave judgment against Nodino on the suit of James Alexander Hannah, boot manufacturer, Wellington, for an order for specific performance relating to . a lease of certain business premises -on. Lambton Quay. Nodine was ordered to pay costs, £77 13s. 6(1. On Tuesday of last week, the plaiutiff Hannah summoned Nodino, wiio had not paid the costs, to be examined in Court as to his financial ability to do si.. When the matter came before Mr. Justice Cooper, the defendant stated that ho intended to appeal against the Chief Justico's judgment. His Honour, therefore, adjourned the case until 11 a.m. yesterday, and informed the defendant that, it he had not by that hour lodgod notice of appeal, with security, ho would have to go into the witness box and be examined as to his finai]cialposition. The notice and the security were lodged by the defendant just in time, but meanwhile the plaintiff had taken another step, having issued a summons for signature of the lease referred to abovo. This was. the- position reached when the matter came before MrJustice Cooper in Chambers yesterday morning.

His Honour (on the- case being called on): I understand that security has been given ■ and that ■ notice of appeal has been lodged. If so, both summonses must stand over. Tho summons to sign tho lease is covered in the same way as the -other. The sum of £105 has been paid into Court. Of course, ■ Mr. Nodine, you havo to follow that up by serving notico of appeal on,the other side; and you ir.ust do that to-day. Defendant; That- has been .done already. . ... Mr..Fair: It has not come under mj notice. His Honour: The Registrar mfornvr. ■me that the money has been paid in. Mr. Fair submitted that the summons regarding the lease should not stand over, as tho £105 lodged was «nly sufficient security for the costs. '• His Honour: You are asking mo to order the Registrar to sign-the leaso because the defendant won't sign it hi accordance with the judgment of-this Supreme Court. The defendant line' givon notice of appeal against that judgment. _ Surely I must stay proceedings? • Mr.. Fair admitted that if tho appeal were against both parts of tho judgment, and if the security had been lodged accordingly, proceedings on both summonses would have to be stayed. His Honour, The judgment of tho Chief Justice is for costs and specific performance. Tho defendant has found security for the costs. Tho money has been lodged to the, satisfaction of the Registrar, and I am not disposed to hear either of these summonses. Mr. Fair: Tho rent is running on at £16 a week, and we have no security that it will bo paid. Theshop is cnipty, ,and the Tout is running on.' * His Honour said, ho would adjourn the. summons to. sign tho lease until Friday, and it should bo brought hefore tho. Chief Justice, as it was complementary to the judgment pronounced by. him. : He (the speaker) had only 'lealt with, a matter within his jurisdiction in connection with the, summons to examine defendant. The other matter would .stand.'"'.b'vur until next Friday. ■- ' ; - ' M -' !

Defendant: I should like to say a word as to that,-, your..Honour.

His Honour: If you won't go "to s solicitor, your proper.course is to take out a summons calling on the other side to show . cause why proceedings should not be stayed until .the appeal lias been hoard. - - - "' .

Defendant: Everyone knows there is plenty of cause >hy proceedings, should 1)6 stayed.

His Honour said that the summons to examine defendant would be struck out, and ; tho summons to sign , tho lease would bo adjourned until Friday .next. Ho repeated his advice to the defendant to-tako out a summons for the plaintiff to show cause why proceedings should not be stayed; and he added:. "You probably don't know that giving notice of appeal do.es not of itself operate to. stay proceedings.. The Act says so, but, if you don't go to a lawyer, you won't know that. You had better take out the summons for next Friday." ,