AMENDING CIVIL CLAIM.

New Zealand Herald, Volume LV, Issue 17011, 19 November 1918, Page 6

AMENDING CIVIL CLAIM.

WRIT OF PROHIBITION ISSUED. Decision in favour of the. plaintiff was given by Mr. Justice Cooper at the Supreme Court yesterday in connection with" a writ brought by Joseph . Henry (Mr. Haddow), storekeeper, of Patumahos, to restrain James Devereaux (the late Mr. McDonnell), sharemilker, of Patumahoe, from proceeding further • with a Magistrate's : Court action. Some ..time ago Devereaux claimed from Henry the Magistrate's Court at Pukekohe £60 on account of moneys received by him in connection with a sha.-ernilking agreement, and asked, in the alternative, for accounts to be, taken. Henry paid into: Court the amount claimed and costs. Subsequently Devereaux movnd to have hi*, statement of claim amended so as to increase the amount to £95. The magistrate granted the aiftbrdmerii. At the hearing in the Supreme Court Mr. Haddow contended that the payment already made ■'; by- Henry satisfied the claim, that the plaint note in .the first instance was not in order, and the Court, therefore, had no jurisdiction to act. ' He contended further that a magistral had no authority to hear actions which had for their object the taking of accent)'.s... ■■■■. After traversing the law '•on the points at issue, His Honor granted a writ of prohibition against Devereaux, and ordered him to pay £7 7d costs. >