COURT OF APPEAL.
Tuesday, December 6. (Before their Honors the Chief Justice, Mr Justice Gillies, Mr Justice Richmond, aud Mr Justice Williams.) JUDGMENT RE REES AND OTHERS V. BARKER. Their Honors gave judgment in this case, which originally was heard at Napier, when the jury returned a verdict on several of the issues, leaving undecided two issues. Judge Gillies, who tried the case, finding that one of the jurors was too unwell to be locked up, discharged the jury from further attendance. The case subsequently 7 came on before his Honor J udge Richmond, in the Supreme Court, when a rule nisi for a new trial was applied for. The rule on that occasion was refused, and it was against this that the present appeal rested. The appeal was argued on last Monday, and on Tuesday last the Court gave judgment. The Court discharged the rule for a new trial on the ground that the issues upon which the jury disagreed were really subordinate to the merits of the case. The Court decided that each side should bear its own costs.
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Poverty Bay Standard, Volume IX, Issue 1011, 13 December 1881, Page 3
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181COURT OF APPEAL. Poverty Bay Standard, Volume IX, Issue 1011, 13 December 1881, Page 3
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