FULL COURT

Dominion, Volume 11, Issue 26, 25 October 1917, Page 9

FULL COURT

ALLEGED MALICIOUS PROSECUTION

DECISION RESERVED

The hearing of Argument was continued ill tho JAilI Court; ycstcrdiiy upon motions in a cnso removed from tlio Supremo Court by ilis JJoiioar Air. Jiiilicu Cooiicr. On tho boiioh were Iho finer Justine (Sir Jfobert Stout), Air. Juitico. Dennititon. Mr. Justice Cooper, Jli , . .luelico Chapman, and Mr. Justice Husking. Tho jilainlifl in tho case was Ivun Black, fiirmor, residing in Mnrim, nuir Whiingarci, and Die cWemkuls were Alexander Gordon Mackenzie, oi Whiingaroi, and Riclmril Sissons Jlackenxic, of Otonga. The statement of claim allogcd that on February 16 the pliinitilt was prosecuted in Hi" Magistrate's Court at Whangarei upon a chnrgo ot stealing a cow, a calf, mid a heifer, tho animals being then the property ot Richard Mackenzie. The Mackenzie* were both called as witnesses, and r-ach alleged the radio wore the join!, property of tho two. After hearing the evidence for the prosecution tho MngiJtrate, without calling on the plaiiititl, dismissed the information. Jho plamtill claimed from (lie .Mackcnaies, or trom either of them, tho gum of S.Wk 9s. Bil., as damage for malicious prosecution. Tho defence to the claim consisted in a Reneral denial of the charge ot having maliciously prosecuted. The jury found a verdio!; tor .£3t4 9f. Sd. damages. Mr. Justice Cooper refused to nonsuit the plaintiff, and removed the case to the Full Court, before which it was presented in the form of the three following motions niado on Ijehalt ottlifl defendants :-That leavo be grouted o extend the time for giving notice o move for'a new trial; that a new tru be granted; that judgment be, entered for the defendants. ~ '. Mr. C." P. Skerretl. lv.C, yiln i Mr. E. A. Singer, appeared lor the plaintiff, and Mr. .!. R. Bead KX'. ; with him Mr. Peacock, for tho defendants. The hearing of argument wiiclndnd late in tho afternoon, and decision was j reserved.