Application for a new Trial.

Waikato Times, Volume XVII, Issue 1439, 22 September 1881, Page 3

Application for a new Trial.

MoTayisii v. Ives I*.—Mr1 *.— Mr Hay (acting for Mr McCormick, of Auckland) for the applicant {Ivess) and Mr JBeale for the plaintiff. At a former sitting of the Court Mr Hay had obtained leave to apply for a new trial under rule 190, upon the grounds of the rejection of proper evidence. He noiy made the application, the grounds relied upon being (I) that the Judge had decided the cause erroneously in point of law, there being no consideration for the defendant's promise to retain plaintiffs services for twelve months, and no mutuality in the contract relied , upon 5 (2) .that "further material evidence which could not be obtained before the former. trial was now forthcoming^ — His Honor said that 1 the ground of rejection^ ojc proper evidence did not appear in the notice. , Mr Hay sajfjhe had to perve the, notice as it came to, him irpm Auckland, ( intended to apply to 'the Court for leave to insert it afl' a /further gnmttd. ' He^felt ■sure it wa,s only a, clerical error/by Mr McCormicks clerk. <He thought, , how-' ever, that the second ground in the notice was sufficient to justify the Court in

granting the application, and had authorities to produce on the subject if necessary. The Court ruled'thai the notice could not be amended, and intimated that, Bubject to hearing Mr" Beale in the matter, lie thought ground No. 2 wasisufficient. , Mr Beale complained oi the short notice of application > having been given to" him, and appb'ed for an adjournment, but , afterwards consented to go on. Order for new trial granted on terms that the case be tried before a jury at next sitting of the Court. The Court then rose. ■ s