SUCCESSFUL APPEAL
Modification of Magistrate’s Order An appeal against an order made by Mr. J. L. Stout, S.M., at Dannevirke, against James Wilfred Palmer, a Canadian war pensioner, to find security for compliance of an order for maintenance of an illegitimate child of which he was the admitted father, was heard in the Supreme Court, Wellington, yesterday, before Mr. Justice Blair. Ap* pellant was represented by Mr. W. G. L. Mellish, and respondent, Iris Palmer, by Mr. D. H. G. Lloyd. His Honour allowed the appeal to the extent of modifying the order of the lower court by deleting that portion of it which required appellant to find security. An order was made for the discharge of appellant from custody. Appellant failed to find security for maintenance, it was stated, and was imprisoned by order of a magistrate until he could find security. According to appellant’s own evidence, his only chance of income was a war pension from Canada. The case involved the question of whether a pension was attachable.
It was submitted by Mr. Mellish that; throughout the British Empire war pensions were inalienable. It. was inequitable and against natural justice, he said, to keep appellant in prison. ,
His Honour said he also thought war pensions were sacrosanct. Mr. Lloyd contended that they were not trying to attach the pension.
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https://paperspast.natlib.govt.nz/newspapers/DOM19360610.2.9
Bibliographic details
Dominion, Volume 29, Issue 217, 10 June 1936, Page 3
Word Count
221SUCCESSFUL APPEAL Dominion, Volume 29, Issue 217, 10 June 1936, Page 3
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