SUPREME COURT—IN BANCO.

New Zealand Times, Volume XXXIII, Issue 5437, 30 August 1878, Page 3

SUPREME COURT—IN BANCO.

Thursday, 29th August. (Before his Honor Mr. Justice Richmond.) The Court eat at 11 o’clock. OAKLEY (APPELLANT) V. W’HIOUT (RESPONDENT.) Mr. Ollivier for the appellant, and Mr. Hart for the respondent. This was a special case on appeal from the decision of Mr. Ward, the Resident Magistrate at Bulls, Rangitikei. The respondent had sued the appellant for a sum of £69 95., tor work done by the former as an architect, and had recovered £39 and costs. The appellant wished to put in evidence to show that the plans, specifications, and services of the architect had proved worthless ; but the magistrate excluded this evidence on the ground that the appellant had adopted the work of the architect by allowing the plans and specifications to be signed by the contractors, and the work to be commenced. The question for the Court was whether or not the evidence had 1 been properly excluded. His Honor intimated his opinion that the evidence ought to have been admitted ; but held that the admission or rejection of evidence is clearly within the discretion of the Resident Magistrate, and is, according to the provisions of the Resident Magistrates Act, a question upon which no appeal is competent. The appeal was accordingly dismissed, with costs. BREEN V. CELL. This was a demurrer to defendant’s pleas, on the ground, generally, that they did not, any of them, answer the whole of the plaintiff’s claim, and were therefore bad. Mr. Ollivier and Mr. Fitzgerald appeared to support the demurrer, and Mr. Brandou, sen., contra. After argument, the Court delivered judgment over-ruling tho demurrer ; but intimated that as the pleas were so irregular as to have provoked the demurrer, plaintiff ■ would have leave to reply without payment of costs. K.UVATINI V. SUTTON. Mr. Leo appeared to support a demurrer to replication ; Mr, 801 l opposed. The demurrer was disallowed, with costs. Defendant to have leave to rejoin upon payment of costs of demurrer.