A Curious Claim.
o [Pee Peess Association.] DUNEDIN, Sept. 21. Mr Carew, R.M., gave judgment to-day in a case for damages, brought against the Assistant Clerk of the Court. It appears that a Gunimons had been taken out for a debt of iSo loa, aud tlie hearing fixed for Monday, The Clerk, in making out the summons, filled in the date of hearing for Wednesday. The case was heard on Monday, the date being taken from the endorsement on the plaint note. Plaintiff appeared and got judgment, but on finding that the debtor's Bummpns had been filled up for Wednesday, he did not proceed further, as the jndgment was void. The Resident Magistrate now said it was ridiculous to suppose that the Assistant Clerk should be called on to pay plaintiff's claim against the debtor tor a clerical error. The plaintiff on learning of the mistake should have applied to have it rectified. For this reason, and becauße notice of action had not been given in due* time, plaintiff was nonsuited with cost 3.
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https://paperspast.natlib.govt.nz/newspapers/TS18880922.2.39
Bibliographic details
Star (Christchurch), Issue 6350, 22 September 1888, Page 4
Word Count
174A Curious Claim. Star (Christchurch), Issue 6350, 22 September 1888, Page 4
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