Appeal Court.

Waipawa Mail, Volume XXI, Issue 3902, 25 May 1899, Page 3

Appeal Court.

(Per Press Association) Wellington, This day Ths Appeal Coart to-day granted a new trial in the case General Exploration Company v Puroer, on the ground that tbe verdiot for defendant, given at Blon beim, was against tho weight of evidence. Tbe new trial was ordered to take plaoe in Wellington. Counsel for the defendant applied for leave to appeal to the Privy Council. The question wae argued snd judgment wae reserved. The Court, however, intimated that it would not in any case postpone the new trial pending the appeal.

Tho following judgment was given in tbo Appeal Court tc-day. In rt Midland Railway Company Mr Jnstioe Williams delivered judgment. The Coort was nnanimoaely of opinion that there was nothing to show that the right of tbe debenture holders intended to take precedence of tho rights of tho Crown against the company; the fact that the debenture holders bad been given the first charge meant no more than that they had priority over all other charges. The appeal was dismissed with costs on the highest scale. 'Leave to appeal to the Privy Council was granted with a stay of execution if the debenture holders give security necessary for the payment of costs.

In the Appeal Court in tho case, Sampson ▼ Williams, a bankrupt, the Coart held that claimant, a sub contractor, was entitled to enforoe bis lien under tbe Contractors and Workmens Lien Aot, 1892, against the owner of the land on whioh tbe building was being erected, and against the land and bnilding itself, notwithstanding the bankruptcy of the head contractor. Judgment, therefore, was given for olaimant with costs.

Leave to appeal to the Privy Council was granted in the case Staples and Company v Corby, the injunction to stand in the meautime, tbe plaintiff company giving an undertaking os to damages in the event of the appeal succeeding.