JUDGMENT SUMMONS.

Lyttelton Times, Volume CXVII, Issue 17666, 19 December 1917, Page 7

JUDGMENT SUMMONS.

CASE AGAINST MEMBER FOR LYTTELTON. [Psn Pbbss Association.] WELLINGTON, December 18. A deadlock was reached in a judgment summons case in the Magistrate’* Court to-day, in which F. D. Kesteven, financial agent, Christchurch, proceeded against James M’Combs, M.P. for Lyttelton. In February last defendant confessed judgment for £9l Is, due to plaintiff on two promissory notes, but nothing had been paid. M'Combs, who did not appear, was represented by .Mr A. H. Hindmarsh, and Mr R. Ju. Howie appeared for the tor. . . Mr Hindmarsh said he was unable to communicate with Mr M’Combs, m he did not know his whereabouts.

Mr Howie said that it. was upon the debtor’s application that the case had been referred to Wellington from Christchurch. M’Combs on two occasions sent medical certificates stating; that he was unable to travel when tho case came on at Christchurch. Mr Hindmarsh submitted that it was a question whether his Worship had power to make an order, and that it was incumbent upoij counsel for tho creditor to prove that his Worship had such jurisdiction. Mr Howie said that on receipt of a letter from the debtor tho Magistrate at Christchurch had adjourned the case to Wellington, in spito of opposition from Mr Kestevcn. Mr W. G. Riddell, S.M., said that tho papers were certainly before him, but there was nothing to show how they came into Court. In his opinion neither party would be prejudiced by an adjournment of the case till January 10.