RIVAL CLAIMS.

New Zealand Times, Volume XXXVI, Issue 8188, 1 August 1912, Page 9

RIVAL CLAIMS.

PALMERSTON OE WANGANUI? X A MATTER OF CONVENIENCE. Whether Wanganui or Palmerston North ebould be the place of bearing for Supreme Court cases, the - parties to which reside in the same town on tbo Main Trunk line, was a question decided by the Full Court yesterday. The same point arose In two cases, which, by agreement, were taken together. In the action of Scott v. Gallagher, both of Utiku, Mr Justice Chapman had already held that the convenience of the times of arrival at Palmerston North of the Main Trunk through train from Auckland to Well’ngton (according to tbo current timetable service) was a determining factor In finding whether Palmerston North or Wanganui was tbo town most convenient of access from the residence of the defendant. as laid down in rule 7. A motion to review this judgment was filed by Scott, and. in consequence, the question has been opened np again before the Full Court. Mr L. Cohen, of Wanganui, appeared for Scott, and Mr W. H. D. Bell for Gallagher.

The parties in tho second case were A. Merson and 00., land agents, and John' Stephen Walsh, farmer, both of Ohaknne. Mr C. C. Hutton, of Wanganui, appeared for Merson and Co., and Mr A. R. Meek for Walsh.

In giving the decision of the court Mr Justice Sim said the decision of Mr Justice Chapman in Scott v. Gallagher would stand, and the motion to review the judgment would be refused. In rerard to Merson and 00. v. Walsh, no order had previously been made, and the court now refused to make an order removing the action to Palmerston North. Hla Honor the Chief Justice (Sir Robert Stout) said the matter of fixing the boundaries of tho judicial districts would be taken into consideration. The court would he pleased to receive advice on the matter from Wellington. Masterton. Wanganui, and Palmerston North.