JUDGMENT SUMMONSES

Ashburton Guardian, Volume V, Issue 1422, 2 December 1886, Page 2

JUDGMENT SUMMONSES

Wellington, O combir 1

A point of snip »r ano-i u ;d «r t 10 Imprisonment for l)»ht vhol ti >n An; was de C'ded b; Dr Mr Richmond in the Soprem-a Court in banco to-day. The moth n wa« for a writ >.f pmhioition »B--tral'iitig *ha Resident 3f .sjis'.ra'e *t O-.t-borno and ;*,Tr Wilson. of the ram a place, ho'olkf from for her I'aforcing an ■rder mv : E by th« and R.M , under <he f itlowing co corns';■>'<« -i:‘u the 17th '■uois . 1886, dcfi-udar.t Wilson ob'ft utd j I i'/rnmit iJii ir- J .tin Robert Harvey. of •vlakaruka, ike o'aiatiff i.i tie present c»a • io the H f, 0 tar - «■. Gi-Hi-ne for the ■urn of £>2 16 1 On tVs . 19 h Aa-usf •> ju >am 'nr. summons w,ii 1 a j.vid lefendaat ia tie Cmu below aid doty served. At the hearing objection was taken that defendant had not been tendered his expenses to enable him to aten 1 the Court, and that was no evideves to show that he had means to satisfy the debt. The Resident Magistrate overruled the objections, and made an order for defendant to pay the am omit claimed and cost of witnesses’ attends ice. Coart fees and also solicitor's fee t'2 2i; or, in default, to be impnsono i f> ■ hb-ty daya The grounds {>r prohibit O i were that th > Migijrrate had oxuso led his jiWid’o t m in ordering defendant to pay solicitor's fee, an 1 ala > that the order was bad, as -her? wis no evidence th*'. Hi’vey had means to pay the debt. Mr Edwards aooeare iia sup >Tt of the moion M Edwards asked his Honor to decide f-be pom' as to whether a Resident Magistrate had power to allow solicitor’s fees in such a c se, before discussing the other point whch went into tne merits of the case. Af er hearing argument of both counsel, his Honor decided that the prohibition must be granted, on the ground urged by Mr Edwards. It was not, therefore, necessary tod°ei , e the o’her point.