BREEZE IN THE COURT.

Stratford Evening Post, Volume XXXII, Issue 38, 9 February 1912, Page 5

BREEZE IN THE COURT.

'A QUESTION OF COSTS. The tranquility of the Magistrate’s Court was somewhat disturbed this morning over a nice point of law, arising out of the latest amendment of the Alagistrate’s Court Act, which Erovides that notice of defence must e filed. Frank Rhodes (Air Spence) claimed from Hugh Telford (Air Ala-lone) the sum of £4O. Air Spence gave notice of discontinuance and Mr Malone applied for costs as in a defended action. Mr Spence argued thrtt costs could only be allowed as on an undefended action. His Worship, amidst laughter from Air Alalone, remarked that to-day Air Spence would want it this way and to-morrow the other way. Air Spence objected to the laughter. “Aly friend,” lie said, ‘‘is looking at the case from a mercenary point of view. lam looking at it from the point of view of an officer of this Court.”

Mr Alalone stated that evidence had been taken at Palmerston North on behalf of the defendant, and lie was therefore entitled to the full costs.

' The case was adjourned till March Ist for argument on the question.