APPEAL COURT

Dominion, Volume 11, Issue 195, 7 May 1918, Page 8

APPEAL COURT

JUDGMENT IN A WILL CASE The Appeal Court gave judgment in the ease of Tnrlmtt i ml others v. Nicholson unci another, a case removed from llio Supremo Court tu the Court of, Appeal for argument. The parlies were Eleanor, (J. S., 51. ,1., and E. Tarbutl and Floronce )l. Donnelly and Mrs. Oretta Queree v. Alfred Nicholson, Civil Servant, Auckland, Mid Frank C. Long, clerk iu holy orders, Wellington, us executors of the will of ratty Maria Nut-., tall, spinster, of Auckland, deceased. The latter bequeathed to one George. TarImtt, warehouseman. Auckland, certain farming properties at Ifnnuiure. Tarbutl" predeceased (he (oslatri* by ten days, ami (ho question at issue wr.s us'to whether under the terms of the will it was tho intention of tho testatrix that the gift to Tarbult should lapse if ho predeceased her'or if his issue should benefit. The Court decided that a deviso <-F certain I'and 10 Tarbutl lapsed on his death in tho lifetime of I lie teslatm, although ho loft issue surviving the tes. talrix. Tac Court was of opinion that tile lapse was not saved by a provision in a subsequent portion of the wili providing that r.ny beneficiaries therein named dying in (lie lifetime of (he testatrix and leaving issuu they should take the parent's share. At the hearing Mr. C. P. Skerrott, K.C., with liim Mr. V. .11. Meredith, appeared for the plaintiff, and Jlr. .1. K. ileed, K.C., with him .Mr. W. J. Napier, lor the defendants, the executors or the will. SEDUCTION CASE. Judgment for thu Whole Court in the appeal o| Alexander Colquhoim v. John Cross, fiirnie", father of Brcnda Stewart Cross, was tead by 51c, Justice Sim. The respondent Cross was awarded ,811)00 damages by a jury at Alasterton against Colqu'uoun, tho appellant, who, it was alleged, had seduced Cross's daughter. At the trial, leave was reserved to Jlr. T. 51. YV'ilford, who appeared for Colquhoun, to move for a nonsuit on the ground that the girl's evidence was not corroborated as required by the Evidence Act. The Chief Justico decided against this contention, and it was from this judgment that the appeal was made. • The judgment icviowed tho evidence at length, and referred to the actions of Colquhoun. Tho Court held that the requirements of the statilto had been complied with and dismissed the appeal, with costs on the highest scale as from a distance. At the hearing sfr. 51. Myers, instructed by Messrs. Wilford, Levi, and Jackeon, appeared for the appellant, hiul Sir John Findlay, K.C., with him Mr. D. ii, lloggard, for tho respondent. PALK OF A GIiOCBKY BUSINESS. Tho unanimous judgment, of tho Court was read by slr. Justice Sim in.the cufco of Allan I'. Hopkins v. Mrs. Catherine Eastorbrook. This was a ease in which (ho respondent had been in tho Supreme I Court awarded damages for alleged mis- I representation in connection with the! salo to her of a grocery business in | Cliristchurch. Subsequently a motion for j it now trial was disallowed by 51 r. Jus- i tico Dciiniston, aml| thu appeal (fob ' lowed. , j Tho effect of tho judgment Mas that ! (he order disallowing u new trial was! set aside, but as the parties had agreed ! (o let tho matter bo finally dealt with by j the Court of Appeal, the Court reduced j the amount of damages awarded by thu Supremo Court to J;265, coste arm dis-; bursenieuts to bo correspondingly re-1 duced. i

] rOINT OP LAW UNDEL CRIMES .ACT. Yesterday afternoon the Court of Appeal heard a point of law reserved by His Honour Mr. Justice IIo:;king pursuant to Section 413 of the Crimes Act, ! 1908. On tho Bench were the Chief Justice (.Sir Robert Stout), Mr. Justico lidwards, Mr. Justice Cooper, M.r. Justico Chapman, and Mr. Justice Sim. Tho case referred to the conviction of one Harry Honor, at Nelson, in December last, by Mr. Justice Hosking, oh a charge of having attempted to unlaw, fully carnally know.a girl under the ago of 16 years. Counsel for the prisoner raised two points, tho one more closely dealing with the conviction being that there was not sufficient evidence to go to the jury that tho prisoner's acts did amount to the attempt alleged. This point was reserved for the consideration of the Higher Court, prisoner being admitted to bail, meanwhile. Mr. P. S. K. Macassey, of the Crown Law Office, argued the case tor the Crown, and at the close of his address the Court unanimously . confirmed the conviction. ADMISSION OF EVIDENCE. Tho Court also unanimously confirmed tho conviction and sentence of twelve months' imprisonment imposed on one James Aloysius Kav.eney at Auckland by Mr. Justico lloskiug. Tho charge was one of indscent exposure, and evidence at the trial was given by sonio young girls and also by two constables', but objection was raised by prisoner's .miuisel that the evidonco of tho constables iolating to acts other than those described by tho girls was not admissible. This point tho Judge referred to the Court of Appeal.