COURT NEWS

Hokitika Guardian, 23 October 1931, Page 6

COURT NEWS

AUSTIN APPEAL CASE. APPEAL ALLOWED. - (By Telegraph—Per Press AssociatiQn) WELLINGTON, October 23. Reserved judgment was delivered by the Appeal Court to-day, allowing the appeal in the case of Austin v. Austin. COURT DECISIONS. WELLINGTON, October 23. In the Appeal Court the cases Divan v. Findiater and Divan v. Bingham, (telegaphed on October 2nd), the Court in a reserved judgment delivered today, dismissed the appeal, but judgment in Find'ater’s case was varied by reducing the damages. WELLINGTON, October 23. The Appeal Court to-day delivered judgment allowing the appeal in the ease of Wright v. Cunningham Carrying Co.

APPEAL ALLOWED. WELLINGTON, October 23. A judgment of Court of Appeal prepared by Justice Smith, was delivered’ by Justice Reed, in the case of Austin v. Austin this morning. The Court i.n its judgment holds there was not sufficient evidence brought, before it to establish perjury was..committed at the trial, nor was it of the opinionthat the verdict of the jury was against the weight of evidence, and accordingly the appeal wa>s allowed and an order was made setting a-side the order of’ Justice Adams in allowing a- new trial. The Court also expressed, the opinion that the- correct way for the co-. respondent to attack the judgment on the grounds of perjury, was bv independent action alleging perjury. Accordingly the appeal was allowed subject- to an- undertaking being filed by the appellant that he will not apply to have a decree ini-si made asbblute for 2 months, or in the event of an action.