COURT OF APPEAL

Dominion, Volume 9, Issue 2809, 29 June 1916, Page 9

COURT OF APPEAL

• A MINING TRANSACTION Yesterday morning .the Court of Appeal opened at the Supremo Court. Their Honours Sir Robert Stout, Chief Justice, and Justices Edwards and Stringer presided. • _ The ease called on was that of Arthur Clifton (appellant) against William Weiblitz (respondent), in which an appeal was asked for from'the judgment of Mr. Justice Denniston. The case arose over r. mining claim, and the application of Weibhtz for the claim was granted by the Warden of. Westland, the objection of Clifton thereto having been dismissed. Against the Warden's decision an appeal ty Clifton was made >to the Supremo Court, and Mr. Justice Denniston, who heard the case, found, inter alia, that (I),when the respondent made application for the claim the land was rot open to bo taken, up; and (2) that the respondent was guilty of misrepresentation when he stated that it was open to ba taken up x for mining purposes and'had not been applied for by any ether person. Yet- Mr. Justice Denniston dismissed the appeal. It was from this decision that the appeal of yesterday was made.'

Mr. W. C. Macgregor, IC.C., Dnnedin, and with him Mr. J. A. Murdoch, of luunara, appeared for the appellant, Arthur Clilton; and Sir Franois Bell, K.C., and with him Mr. Robert Kennedy (instructed by Mr. James Park', r.olieitor Hokitika), appeared for the respondent. The matter of the value of the claim not being sufficient to warrant'the right of appeal was waived (the statute expressly states that unless tho value of the property in dispute exceeds Ji?00 the decision of the Appellate Court si. all be linal, and recourie to the Court cf Appeal disallowed). The difficulty of estimating the value of a gold-mining claim was admitted. ■ After! hearing argument on the merits and law. ofrthe case their .Honours reserved judgment.