COUNSEL MUST NOT--

Dominion, Volume 6, Issue 1794, 5 July 1913, Page 4

COUNSEL MUST NOT--

"AT ALL EVENTS, NOT IN COURT." During tho course of argument in tho Court of Appeal yesterday afternoon, 31 r. 11. H. Ostler, when quoting a "judgment of tho Court," referred to it in order to mention that an opinion had been expressed by Mr. Justice Williams, who delivered tho "judgment of the Court." Mr. Justice Denniston declared that tho judgment was not that of Mr. Justico Williams, but of tho Court. Mr. Ostler corrected, himself by saying that the judgment had been penned by the learned Judgo to whom ho referred. Sir. Justice Denniston said counsel had no right to assume that a judgment of ■tho Court was pennod by one Judge. It was absurd to talk of the judgment as being the words of a particular Judge. It was "penned" by his associate in the sense of "pennod," but it was the opinion of the whole Court. Mr. Justice Chapman out that a judgment might oven bo delivered by a Judge who did not sit at tho hearing. Mr. Justice Denniston: You must eliminate the personal equation—at all events, in Court. Mr. Justice Chapman (smiling): Otherwise, Mr. Ostler, you may bo suspected of knowing too much of the inner running.