COURT OF APPEAL.

Taranaki Daily News, Volume XXXXV, Issue 65, 17 March 1903, Page 4

COURT OF APPEAL.

PEE PBESS ASSOCIATION. .Wellington, March 16 Tho Court of Appsal opened this morning, the Chief Justiceand Justice:Williams, Cbnolly, and Edwards being on the bench.

The Westland case—Earl v. King—was added to the list,- and it was egree s that the case, McGrath v. Hill, under tha Gaming and Lotteties Act, argued last year, should be re-argued before the full bench.

The Appeal Court was occupied today hearing a motion to rescind an ordei giving leave to appeal in forma pauperis in the osa Mitchell v. the N.Z. Loan and Mercantile Agency Company and others. Leave to appeal in forma pauperis was granted lifit year on the certificate of the compel for plaintiff. Tbe principal roiat involved in the present motion is who h r this is sufficient mateiial on which to make such an orde r , and whether there ought not to bo an opinion of an independent counsel given upon the case stated, which cse and opinion should be brought before tie court. LATilt. Argument of the motion to vesoirid an order giving leave to appta' in forma pauperis in the case of Mitchell v. New Zealand Loan and Mercantile Agency Company and others was concluded io the Court of Appeal this aft rnoon aod judgment reserved. The Court then heird an appeal frem the decision of Justice C;>no'ly in Sews v. Bews and another. This was a petition for divorce in whi;h the husband who was the petitioeer had been separated from bis wife and having reason to suspect her of misconduct had watched the house in which she was living, taking afi iend with him as a witness and in this way obtained evidence of adultery, but Justice Cono'.ly refused a decrei holding that petitioner's coaduct amtuofc.dto connivance. Mr Bauine appeared in support of appeal, there being no appearance for respondent or co-respond-ent. The Court unanimously allowed tbe appeal and made a decree nisi for dissolution of marriage, to ba made absolute after three months, with cos's .£ls, and wi'nesses expenses and disbursements aghinsb co-respondent.