A POINT OF LAW.
JURISDICTION INVOLVED. Whether a certain claim at law in Te Awamutu Court was for £llO or for £B4B appears to have been not so easy to determine as one would suppose. The circumstances were that Mr Hawkins solicitor for Ernest Campbell of Kawa took proceedings against J. W. Thomson (defended by Mr Collins) for a balance of £llO owing. This amount was made up by wages and building material, etc., totalling £B4B 15/, reduced by £738 7/4 paid in various amounts, leaving a balance of about £llO. A defence was set up that as the claim involved the greater sums stated, the magistrate, whose jurisdiction is restricted to £2OO, could not deal with the case, which must go to the Supreme Court. Counsel on each side quoted authorities. On Thursday Mr H. A. Young, S,M. decided the point, holding that every payment on account reduced the amount by that ex'ent and was not a set off as the defence claimed He therefore'had jurisdiction to hear the case as being for the sum of £llO claimed in the balance. The case was final y settled out of court.
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Bibliographic details
Waipa Post, Volume XIX, Issue 1088, 7 May 1921, Page 5
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191A POINT OF LAW. Waipa Post, Volume XIX, Issue 1088, 7 May 1921, Page 5
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