APPEAL DISMISSED
In May, 1932, a jury at Invercargill found that May Winter, a married woman, had committed adultery -with a taxi-proprietor, Alexander Calder, and as a result Ernest Eobert "Winter was granted a decree nisi and awarded £350 damages against Calder. The Court of Appeal? consisting of the Chief Justice Sir Michael Myers, Mr. Justice Reed, Mr. Justice MacGregor, Mr. Justice Ostler, and Mr. Justice Smith, yesterday afternoon heard an appeal against the judgment of Mr. Justice Kennedy, and after hearing Mr. G. Eeed for the appellants, May Winter and Calder, and Mr. J. Tai't for the respondent, dismissed the appeal, with costs on the middle scale.
The Court concurred that the appellants had misconceived their remedy. The judgment was based on the finding of a jury, and before an appeal could lie the jury's verdict must be set aside. If a party was dissatisfied with a jury's verdict the proper remedy lay in moving for a new trial.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19330327.2.143
Bibliographic details
Evening Post, Volume CXV, Issue 72, 27 March 1933, Page 9
Word Count
160APPEAL DISMISSED Evening Post, Volume CXV, Issue 72, 27 March 1933, Page 9
Using This Item
Stuff Ltd is the copyright owner for the Evening Post. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in