APPEAL COURT.

Taranaki Daily News, Volume XLVII, Issue 8155, 12 July 1906, Page 2

APPEAL COURT.

THE I>IIBS9 i8B0CIATI0!t. WjiLtmotoN, July 11. In (lie Appeal Court, in th'j ease Hex p. Si'arley, in which the latter had been wnvicted in Wangunui under Si'ftion of the Criminal Co do Act, 1 93, for alleging tliat lie *ms a qualified medical practitioner, the Cin-f Justice and Mr Justice Chapman thought that the conviction should be qua,he,l, and no trial ordered. Ju1., 3 E(W „ rJ „ Coo P er "greed that the conation Jould not stand, but exprejsed the jpinion that a new trial should be >rdered. The result is that the con. miction is quashed, and no new trial • jrderod. Searley was unable to And bail, and served Ms sentence, (three nonths) in gaol, and has long singe been discharged.

The Appeal Court also gave its dc Jision in the Wanganui case, loan and Mercantile v . Ellen Mitchell, argued >n June 29th. It decided that the >rder made in the Court below would be varied, and action stayed, it being left open to the Supreme Court for leave to amend her statement of claim so as to be a suit for an' account only, but matters incapable of assignment yould have to be excluded.

In the Appeal Court, judgment wasiiyen in the case, Janet Plimmer t. the trustees in the estate of the late John Plimmer. Plaintiff under a deed of reparation in 1874 received an annuity" >f £l5O per annum. After the date of ;he agreement Mr Plimmer amaSJed considerable wealth, estimated at 638,000. The Chief Justice and Mr Justice Cooper had held that ihe Jovenant in the deed of separation did' not preclude Mrs Plimmer from making ipplication, and had awarded her £IOOO rat of the estate. Prom this decision -he trustees under the will appealed. Mr Justice Edwards delivered the nain judgment to the effect that the Court had no power to grant a lamp sum. The appeal was allowed, and Mrs Plimmer, instead of receiving a lump sum, was to be paid £IOO a yeaf from the date of the testator's death. Tho Chief Justice dissented, holding that the Court had power to grant a lump sum. Wmuxotoh, July„ll. The case of Knealy v. Xawana Earaka occupied the Court all day, ittd had not ooncluded when the Conrt tdjonrned for today. During arganent the opinion was strongly expressed by all the members of the Bench that the law should be amended' Xprevent the sale of pea-rifles to boya.