ACTION FOR DEBT.

Auckland Star, Volume LXVII, Issue 207, 2 September 1936, Page 21

ACTION FOR DEBT.

REHEARING SOUGHT. APPLICATION DISMISSED. (By Telegraph.—Press Association.*) PALMERSTON N., Tuesday. Brought under the Imprisonment for Debt Limitation Act, 1914, an unusual case was heard before Mr. Justice Blair in the Supreme Court to-day, when Thomas Angus Wriglev, a radio dealer, of Levin, made application for an order granting the rehearing of a judgment summons issued by Spcdding, Limited, of Auckland, whereon, a committal order had been made by Mr. F. K. Hunt, magistrate at Auckland, on May 18 last.

The ground of the application was that the order was made during the absence of judgment debtor, owing to illness, and that he was unable to submit himself at Auckland for examination regarding his financial position. Counsel for applicant submitted that judgment debtor's absence when the case was heard was excusable, as a medical certificate would show that he was suffering from an internal complaint, which, it was considered, would be aggravated by a long journey. His Honor commented that if magistrates took notice of plain medical certificates they would never get judgment summonses heard. No evidence had been put forward to show exactly what the debtor was suffering from. Counsel said the debtor wanted the case heard at Palmerston North or Levin. Counsel for the judgment creditor submitted that there was no merit in the application. His Honor held that the application for a rehearing could just as well have been made to the magistrate. He was not satisfied with the medical evidence. He dismissed the application, but said that this would not prejudice the debtor's application to a magistrate.