CLAIM FOR DAMAGES.
♦ SOLDIER'S CIVIL ACTION, [BY TELEGRAPH.— PRESS ASSOCIATION'.] ? WELLINGTON, Friday. : Argument in the case of Samuel Fitz- £ gerald versus Colonel Macdonald and ;< others, a claim for £1000 damages 7(; for alleged illegality in the constitu- ■$ tion of a court-martial, was continued ,'; in the Appeal Court to-day. Mr. O'Regan, >| counsel for plaintiff, contended that action M would lie against all members of a court, ;;« which, if improperly constituted, had -,'{| passed sentence resulting in imprisonment. h& A soldier did not cease to be a citizen, Jj and if a military court exceeded its juris- j/g diction such acts came within the purview - j, of the civil law. As to Major R. C. Kirk's >;; status as a member of the court, he coil- .£ tended that an officer on the retired Hs*<sJ was not employed in the forces. Till Court reserved its decision, .;.#]
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Bibliographic details
New Zealand Herald, Volume LV, Issue 16895, 6 July 1918, Page 6
Word Count
141CLAIM FOR DAMAGES. New Zealand Herald, Volume LV, Issue 16895, 6 July 1918, Page 6
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