NO UNIFORMITY
SWEARING OF AFFIDAVITS. MAG IST R ATE ’S CO M M ENTS. NELSON, July .11. Two weeks ago when a judgment summons case was bet ore Mr. T. 1.. Maunsell, S.M., in the Magistrate's Court the matter of swearing affidavits was discussed and in the care in question the magistrate said he would award costs to the judgment debtor it the judgment creditor could not prove he had reasonable grounds for believing that the debtor had had suftl cient money to pay the debt. Counsel, acting on behalf of solicitors inWellington, explained when the matter was reopened to-day that letters had been written to the debtor but that no replies had been received. The debtor had had an opportunity of placing his cards on the table. The practice regarding affidavits in Wellington was commented on. Mr. Maunsell said he knew there was no uniformity among magistrates on the matter, but ho would lay down a principle for the future. If a man was brought before the Court in a hopeloss position, reasonable grounds must bo advanced for the making of tho affidavit. In the case under con sideration he would not allow costs. He added that many officials held conferences but there was none for magistrates, and so differences in practice obtained
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/WC19330713.2.18
Bibliographic details
Wanganui Chronicle, Volume 76, Issue 163, 13 July 1933, Page 4
Word Count
214NO UNIFORMITY Wanganui Chronicle, Volume 76, Issue 163, 13 July 1933, Page 4
Using This Item
NZME is the copyright owner for the Wanganui Chronicle. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of NZME. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in