LAW REPORTS
APPLICATION OP A COURT RULE
SUPREME COURT
Rule G3 of the Magistrate's Court Act was discussed in the Supremo Court before His Honour Mr. Justice Chapman yesterday morning, during the hearing of a motion. for prohibition. It appeared that in a case heard at Dannevirke .recently Mr. S. E. JfCarthy, S.M., gave judgment for Barraud and Abraham., Ltd., I'ai-. merston North, against Patrick Buckley, I'itzherbert, and, after the expiration, of' seven days, granted the defendant (Fitzherbert) leave, to appeal. The plaintiffs now moved for a writ prohibiting the Magistrate, from granting such leave to appeal, on the ground that the application for leave had not l>een made within, seven days after the delivery of judgment. The question arose as to wTiether Rule G3 was ■ultra vires or not. .
Mr. T. H. .G. Lloyd, of Dannevirke, appeared in support of the motion, which fvas opposed by Sir John Findlay, Iv.C., with whom Mr. D. R.Hoggard appeared. Judgment was reserved.
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Dominion, Volume 8, Issue 2575, 24 September 1915, Page 9
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160LAW REPORTS Dominion, Volume 8, Issue 2575, 24 September 1915, Page 9
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