COURT OF APPEAL.

New Zealand Times, Volume XXXII, Issue 5214, 7 December 1877, Page 2

COURT OF APPEAL.

Thursday, December 5. (Before their Honors the Chief Justice, Mr. Justice Johnston, Mr. Justice Kichmoud, Sir. Justice Gillies, and Sir. Justice Williams.) The Court proceeded to give judgment in the cases which have been before the Appea Court this sitting, as follows: CALDER V, DUFF. The Court gave judgment in this case to the effect that the plaintiff is not entitled to the relief prayed for, and that the injunction granted to restrain the defendant from proceeding in the two actions for ejectment must be dissolved. The sum of £3OO, paid into Court to abide the event of this action, to remain in Court to answer the costa of the defendant in this action, and the claim for mesne profits in the action of ejectment. The costs of this action, including the costa of the rule for a new trial, and the costa of all proceedings in this Court, to bo paid by the plaintiff. THE ATIOENEY-GENEIIAL V. QUICK. The judgment of the Court in this case was that the section of land numbered 18, block XV., in Dunedin, should be hold by the defendant in trust exclusively for the general Church purposes within the parish of St. Paul’s, Dunedin. SPENCE V. PEAUSON AND OTHERS. In this case the demurrer was over-ruled, with coats.

THE QUEEN V. PAIN. The Court quashed the conviction in this case. REID V. DOUGLAS. The Court upheld the decision of the Resident Magistrate at Dunedin in this case. DUNN V. GAVIN. The Court held that the decision of the Supreme Court in Dunedin be reversed, and that there be a new trial of the action in the District Court, and that the respondent pay to the appellant the costs of the appeal in both Courts. SMYTHIES V. THE BANK OP NEW ZEALAND. The Court gave judgment that the rule in this case be made absolute, reducing the damages to £l3 2s. lid. on the second count, and to enter judgment for the plaintiff for one shilling damages on the fourth count, and that the plaintiff pay the defendant the costs of the rule. EEID V. BANK OP NEW ZEALAND. In this case judgment was entered for defendant on the first and second counts, and it was ordered that the damage be reduced to £413 45., and each party pay their own costs. In the following cases the appeals were dismissed, with costs: —Galloway v. Galloway, Maugan v. Leary, and Elliott v. Brenchley. The Appeal Court then adjourned until the 4th January.