BERTLING V. NORTON

Taranaki Daily News, Volume LII, Issue 378, 2 May 1910, Page 5

BERTLING V. NORTON

BERTLINU'S COSTS PAID. NORTON'S APPEAL TO BE HEARD. By Telegraph —Press Association. Wellington, Last. Night. In the Supreme Court yesterday, before the Chief Justice, Mr. Dunn, on behalf of John Norton, proprietor of Truth newspaper and defendant in the action, Bcrtling v. Norton, moved for a stay of execution. A motion was also moved on behalf of plaintiff for payment by the defendant of costs amounting to £3OO awarded to plaintiff, which had been paid into ■ Court. At the close of the motion for a new trial, counsel for defendant had asked for a stay of execution for one month, which was refused by the Court. Plaintiff then issned a writ of execution and put a bailiff in possession of defendant's premises, from which the newspaper is published. The defendant, Norton, then paid the sum of £I4OO into Court to cover the amount of the verdict and costs of appeal. Execution was thereupon stayed by the Court, the terms upon which it was to be stayed being left open to argument. To-day Mr. H. Ostler, with him Mr. Sharp, appeared for plaintiff, and Mr. Dunn for defendant.

After hearing argument, the Chief Justice made an- order that the costs awarded to the plaintiff up to date, amounting to .£320, should he paid out of the money in the hands of the Court, and that the defendant should undertake to bring his appeal on at the next sitting of the Court of Appeal. Three guineas costs were allowed to plaintift on the motion.