SUPREME COURT

Timaru Herald, Volume CXXXIX, Issue 20102, 8 May 1935, Page 6

SUPREME COURT

TIMARU SESSION OPENS LIGHT CALENDAR The quarterly session of the Supreme Court in Timaru commenced yesterday morning before His Honour Mr Justice Johnston. There were no criminal cases set down for hearing. One civil case was adjourned, and another is likely to be struck out. The third civil case, a claim arising out of an accident, is to commence to-day, and may last three days. Application for Adjournment In the case of Edward Marra v. John Stephen Bradbury, claim for £250 general and £69/2/8 special damages, resulting from plaintiff being run over by a motor-car in the control of defendant. Mr 1,. M. Inglis, acting on behalf of a firm of solicitors in Christchurch, applied for an adjournment. He said that he had only just received his instructions, the application for the adjournment being on the grounds that plaintiff was not in a position to finance the trial. The case had, really been set down by the defendant, who in reality was the insurance company. In reply to His Honour, Mr F. W. Johnson, who appeared for defendant, said that the action was commenced on April 12. He added that the claim was for £319 2s Bd, or £l9 2s 8d above the ordinary jurisdiction of the Magistrate’s Court. If plaintiff was a poor man, • two courses were open to him, but he had taken neither. He submitted that it was the duty of counsel for plaintiff to have informed him earlier than Thursday last by telephone that he was not going to proceed. His Honour: If the action is struck out, we can proceed again. Mr Johnson: “No, sir. It should be judgment for defendant.” He said that he did not wish to be hard, and suggested that the Court might take the middle course and non-suit, on the understanding that if a fresh case was brought, it should be heard in the Magistrate’s Court, for which permission could be secured. His Honour said that he thought he had better adjourn the case for three months, plaintiff to pay the day’s costs. Mr Johnson submitted that three months was a long time, and one of his principals might die or become ill. His Honour said he thought plaintiff should be prepared to go on.'He would stand the case down till the end of the session, and if plaintiff was not prepared to proceed, the case could be struck out. Action Adjourned On the application of Mr L. J. O’Connell, the case Mary Meehan v. The Public Trustee and the Roman Catholic Bishop of Christchurch, originating summons for an order under the Family Protection Act for additional provision for plaintiff out of the estate of John Meehan, deceased, was adjourned until next session. Bankruptcy Cases. Mr J. Emslie applied for a discharge from bankruptcy on behalf of A. L. Thoreau, Pleasant Point. His Honour remarked that the report concerning bankrupt was not good. Bankrupt’s conduct both before and after his meeting had been most unsatisfactory, and he had been lucky that he had not been prosecuted. Mr Emslie submitted that the creditors had nothing to gain by bankrupt being kept undischarged. A discharge was granted, but the Court suspended the order for six months. James Todd (Mr F. W. Johnson, on behalf of Mr W. D. Campbell) and Thomas Victor Gibson (Mr G. R. Watters) were granted discharges. In Divorce In the case of James G. Wade (Mr G. J. Walker) v. Doris Wade, a decree absolute was granted, petitioner to have custody of the children. Harold Charles Sowerby (Mr L. M. Inglis) petitioned for divorce from Annie Louisa Sowerby (respondent) Hector Thomas Parkinson being named as co-respondent, on the grounds of desertion and adultery. After hearing the evidence, a decree nisi was granted to be moved absolute in three months, petitioner to have custody of the children. Co-respondent was ordered to pay costs on the lowest scale.