THE NODINE CASE.

Dominion, Volume 4, Issue 982, 24 November 1910, Page 8

THE NODINE CASE.

■ REMARKS BY CHIEF JUSTICE: — The long-continued litigatidn!,bfetween James Alexander Hannah and ~Charles:' Nodino was mentioned in tho Supreme Court yesterday, when the Chief' Justice (Sir Robert Stout) was fixing dates for' the cases that havo been set down for hearing during the present civil sittings. Hannah is now suing Nodine for ,£(>76 17s. id., rent on premises in Lambton Qn,ay, from January. I to November 5, 1910. ' ; : Mr. A. W. Blair (for the plaintiff) asked that the case should be heard as 60011 as. possible. .. . Mr. A. Dunn (for' the defendant) renewed his previous application that the trial should bo postponed. until Mr. Nodine comes out of prison. . His Honour : I thought there, was power for him to bo released in two months. Is that not so? Mr. Dunn: It-has never been argued whether the statute is applicable. His Honour: I will postpone it until December 17. That will give time to look into tho matter. Mr: Blair: It'is true that .assuming that .the statute of William. IV.'and George IV applies, after the expiration of two months we can get the lease executed by the Registrar of the Court,'and'thereafter tho defendant-can apply for his.releaso on the ground/that his contempt is. purged. Wo. cannot .apply for the execution of. the lease beforo December 7. This is-a jury case,'and: Mr. Nodine is in prison' by his- own wish." -He. can' get out when lie likes. . If it is,put off until the-11th that will mean making. Mr. Nodine a present of three weeks' rent, which comes to .£ls.

His Honour said that should not be £0.

Mr. Blair: There are certain facts within our knowledge, and not within your Honourfs knowledge, and it is imperatively necessary for. us to gc-t this case on at once.

In reply to his Honour, Mr. Dunn 6aid he-was not prepared-to-lodge security for tlio amount claimed. His client had lodged a counter-claim for damages and misrepresentation, for an amount exceeding the amount of-the claim. There was no desire on-the part, of the defendant to delay the; trial. Counsel ..proposed -that the questions-of law,.'ol which thero wero several, should be argued before the trial,

His Honour said ho could not consent to that. Any such application i should have been made earlier. His Honour also said that Mr. Nodine could come out of prison on habeas corpus to attend the trial. .

Mr. Dunn said that even then ho would be'prejudiced in the matter of preparing his-defence. . •••

His Honour pointed out that the defendant was in prison for contempt of Court/ "A man who . sets, the Court at defiance should never ask for consideration."

Mr. Dunn: His contention is that he is being punished for his contempt. His Honour: He is not punished until ho obeys the Court, and he has not obeyed the Court, yet. . • The case was set down for December 7.