Church Board’s Claim Against Vicar Fails

Bay of Plenty Beacon, Volume 12, Issue 7, 16 December 1947, Page 8

Church Board’s Claim Against Vicar Fails

The Taranaki Church of England Trust Board has been non-suited in its Court action against the Rev. J. C. A. Zimmerman, until recently vicar of Fitzroy, New Plymouth, for possession of the vicarage. In his reserved judgment, Mr W. H. Woodward, S.M., said there had been no proof that the licence to Mr Zimmerman as vicar had been revoked by the Bishop of Waikato, the Rt. Rev. C. A.Cherrington. Concluding his judgment, the magistrate said it was hoped no further proceedings would be necessary. It had been stated that since the hearing in Court Mr Zimmerman had' found employment in the Wanganui district, but his wife and family were still in the vicarage at Fitzroy. The points upon which Mr F. S. Grayling, who appeared for Mr Zimmerman at the original hearing, moved for a nonsuit were: (1) That there was not sufficient evidence that the defendant’s licence had been revoked; (2) that if-it was revoked there was not sufficient evidence that the revocation had been communicated to the defendant; - and (3) that there was no evidence that the vestry of the district had concurred in >the revocation.