AN OBJECTION UPHELD.

Sun (Christchurch), Volume III, Issue 885, 11 December 1916, Page 10

AN OBJECTION UPHELD.

THE WRONG PLAINT FORM. When the cas| of the New Zea-j land Piano Company, Ltd., (Mr Acland) v. Alfred Boak Carter McCar-: tier (Mr Hunter) a claim for £B4 or. the delivery of a piano, came before Mr H.W. Bishop, S.M., at the Magistrate's Court to-day, Mr Hunter raised a preliminary objection that the claim had been entered by the plaintiff on Form No 7, which was the proper procedure only where money was claimed. A judgment given by Mr Justice Sim in Kirkness f v. Young and Kirkness supported that view. , I Mr Acland said that in view of this judgment he would abandon his claim for possession and would confine the action for the recovery of moneys only. Mr Hunter further contended that as the plaint note had been shown to be bad, the plaintiff should be nonsuited as against the whole claim. j The Magistrate said that in view of Mr Justice Sim's decision, he would have to support the defendant's objection, although in his experience, a great majority of plaints lodged in the court were bad. He would strike out the case on the grounds of lack of jurisdiction.