ILLEGIBLE FIGURE

Sun (Auckland), Volume III, Issue 674, 28 May 1929, Page 7

ILLEGIBLE FIGURE

UPSETTING OF JUDGMENT Blurring of a typewriter figure notifying the hearing date of a civil action in the Magistrate’s Court was advanced to Mr. Justice Herdman in the Supreme Court yesterday as the cause of a misunderstanding, resulting in judgment for default being entered against the defendants.

Application was made by James Lyon and Tuhawson (Mr. Leary), James Brady, Mary Mason and Emily Brady (Mr. Sellars) for the setting aside of a.judgment obtained against them for £325 by Ernest Cartier (Mr. Milne).

In support of the motion Mr. Leary explained that a sum represented commissions for the arrangement of leases of native lands. There was no suggestion of sharp practice on Cartier’s part in obtaining the judgment. The case had been set down for April 10, but the solicitor's letter notifying the defendants: had been defective, the nought being rendered illegible, and appeared like an eight. An objection by Mr. Milne to setting aside the judgment was overruled by his Honour, who remarked that the date in the letter certainly looked like the "ISth.” The motion was granted.