PULL COURT

Dominion, Volume 11, Issue 25, 24 October 1917, Page 9

PULL COURT

MALICIOUS PROSECUTION ALLEGED

A WHANGAREI CASE

| Th« Pull Court yesterday heard, argument upon motions in n caso rtimoved from tho Supreme Court by His Honour Mr. Justice Cooper. The Chief Justice (Sir Robert Stout) presided, and with him on tho benoh wore Mr. Justice .Dennißtou, Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justice Hosking. . Tho plaintiff in tho easo was Ivan Black, farmer, residing in Mania, iieiir Wlinngarei, and tho defendants wero Alexander Gordon Mackenzie, of Whangarei, and Eichard Sissons Mackenzie, of Otonga. • The statement of claim al leged that on I'ebruary 16 the' plaintiff was proseouted in tho Magistrate's Court at Whangarei upon a charge of stealing a cow. a oalf, and a heifer, tho animals being then tho property of Eichard Mackenzie. The Mackenziea were both called as. witnesses, and each alleged that the cattle wero the joint property of tho two. After hearing tho evidence for the prosecution, tho Magistrate, without calling on the plaintiff, dismissed tho information. Tho plaintiff claimed from t.hs Mackenzie*, or from either of them, the sum of .£IOB4 9s. Bd, aa damages for malicious proseoution. ■ Tho defence to the claim consisted tin a general denial of the cKargo of having maliciously prosecuted, The jury found a verdict for .£384 9s. Bd. damages, Mr. Justice Cooper refused to nonsuit tho plaintiff, and removed the case to the I'ull Court, before which it oame yesterday in tho form of the three following motions, mado on behalf of tho defendants: that leave be granted to extend tho time for giving notice to mo to for a now trial; that, a new trial be granted; that judgment bo entered for the defendants. l

The plaintiff was yesterday represented by Mr. C. P. Skerrett, K.C., and Mr. R. A. Singer. Mr. J. It. Bead, K.C., and Mr. Peacock appeared for Iho defendants. The hearing was not concludcd when the Court rose.