CASE STRUCK OUT
CLAIM BY LABOURER LACK OF JURISDICTION [by telegraph—OWN correspondent] TE AROHA, Thursday Following upon legal argument in which the • jurisdiction of the Magistrate's Court was challenged, the civil action in which William Clark Smith, farm labourer, of Mangaiti, Bought tho recovery of £45 from Louis Hyde, farmer, of Waitoa, was concluded today. When the action was before the Court on July 12 last, counsel for defendant, Mr. F. E. Burns, submitted that the magistrate had no power to hear tho action, since tho claim as framed was for equitable relief involving rescission of a contract, and only the Supreme Court could ''grant equitable relief. Furthermore, it was contended that the plaint made was defective in that it did not correctly state the substance of the action intended, to bo brought. These contentions were uphold, and the case was accordingly struck out.
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New Zealand Herald, Volume LXXII, Issue 22183, 9 August 1935, Page 14
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144CASE STRUCK OUT New Zealand Herald, Volume LXXII, Issue 22183, 9 August 1935, Page 14
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