COURT-OF APPEAL.

Dominion, Volume 6, Issue 1712, 1 April 1913, Page 3

COURT-OF APPEAL.

AN AUCKLAND CASE, CATTLE-GRAZING TRANSACTION. Tho Court of Appeal opened a sitting in Wellington yesterday. The first case heard was an appeal by I l '. A. Kicli and others from tho decision of t'ho Chief Justice, Sir Robert Stout, in the case of Lindsay Johnstone, farmer, AVhatawhaia, v. Francis Arthur liich (ci\\il engineer), Annie Reardon, Ernest Read Bloomiield, John Charles and Alfred Chadwick Brown (company manager), all of Auckland. The bench consisted of his Honour Sir Joshua Williams, and" their Honours Judges Denniston, Edwards, Cooper, and Chapman. i

Mr. j. R. Reed, K.C., and with him Mr. W. P. Endeau, appeared for the appellants, and Mr. H. Gillies for the respondent. Mr. Reed said that it was set out that in tho original case-the plaintiff was a farmer, and tho defendants the owners of 2099 acres in the Oronga Block, Hauraki district. On or about March 1912, defendants had agreed to graze 115 cattle, and to not put them' on the part of the land where the tall fescue grew. But the cattle had been grazed there, it was alleged, and they had considerably depreciated in value, and could not bo made fat cattle for that season. Tho defence had been a denial that tho cattlo had so depreciated in value, and an assertion that the'season'had been a bad one for fattening, and if the beasts' were not as fat as had been hoped it was 'not the. fault ,of the defendants. The Chief Justice lxad given judgment 'for plaintiff on tho claim for JBIOS.

•.Argument was heard, but had not been concluded when the Court rose. The case will be continued to-day. THE LIST, The .following list of business has been set down i- ' ' ,'i'o-\lay.—ln re Henry Edward Elliott, barrister and solicitor; and Round Hill liming Company v. Aurawera Mining Company. Wednesday, April 2.—Hopkirk v. M'Ewaft and another. Thursday, April 3. Riddiford v. Commissioner of Stamps. Thursday,' April- 10—Jane Potter and Mary Fulton v. Adams and Adams. . -Friday/ April 11.—H.11. the King. v. Barker and Bailey; H.M, the King v. Bourke. ' Monday, April 14.—Merchants' Association and others v. H.M. the King (tho ■sugar case). Leave ,was granted to have tho following cases set downM'Gregor v. Eraser; Perry v. the Commissioner of Stamps; To Wani Epilia v. Maria Wiekliffc. Other cases mentioned to be set down were: Master and owners of tho Ai'apawa v. the Wanganui; Gray and others v. ?imock; Mayor of Lower Hutt v. Hayes; laylo v. Riverdale Co-operative Dairy Company. Final leave, to appeal to the Privy Council was granted to Mr. Myers ■in the case of Reed v. tho Equitable Life, .Mr. C. B. Morison, for respondent, made no objection.