UNWARRANTED CLAIM.

Auckland Star, Volume LV, Issue 170, 19 July 1924, Page 6

UNWARRANTED CLAIM.

SHADBOLT V. HABBOTmBT LOWER COURT COSTS ONLY. B (Dy Telegraph.—Own Correspondent. Bi HAMILTON, this day, X His reserved decision-with respect MB costs was given by his Honor, _&|| 3 Justice Herdman, in the case ___K,fls Frederick Shadbolt v. Mark Harbot-BJai in which the jury at the recent sitt_H»o of the Supreme Court, at H-mfltaßjh' gave a verdict for plaintiff to tie t-t«__ 01 of £44 12/, while awarding H_r„ttß|h( £37 8/6 on a counter claim. His Hm_B__>t gave judgment for plaintiff for £7 tiß__J ie land reserved the question of costs. ■;■ I In his decision his Honor refined bW [certify that the case was a proper— Hk to bring in the Supreme Court. -&■__[ amount originally claimed was £35 1/,K§ but this sum included items which !W§|3 j charged without any colour of right, >-■§ i which. were accordingly disallowed. KB jury found that plaintiff was eititUH to get from defendant £41 12/ onlj.Bt a sum which should have been sued lot p|f ( iin the Magistrate's Court. There w»B_ 'no point of difficulty which rendered j-EL | appeal to the jurisdiction of theßl9l-- H Court expedient or necessary. Ct-hHjj ; would, therefore, be allowed only 01H .the Magistrate's Court scale. j||.