SUM PAID OUT OF COURT.

Dominion, Volume 6, Issue 1781, 20 June 1913, Page 6

SUM PAID OUT OF COURT.

ON DOCTOR'S CLAIM. ACTION TO RECOVER MONEY. (By Telflsraub.—Frew Assocl&tion.l Gisborne, June 19. An interesting caso was heard at tho Magistrate's Court to-day before Mr. W. A. Barton, S.M., in which Mary Mackenzie, of Otoko (represented by Mr. T. A. Coleman, instructed by Mr. Dorringlon) and G. J. A. Johnston, clcrk of the Magistrate's Court, proceeded against Herbert Hallen, of Clevedon, medical practitioner (Mr. Burnard), and H. J. Finn, solicitor, to recover 10s. 6d. This amount was stated to have been paid out of court by mistake to Dr. Hallen in connection with a claim of ,£25 made by him against Mary Mackenzie in February last. Mr. Burnard Taisfed tho question of jurisdiction. Ho said that there had been an action—Hallen against Mackenzie— and in connection with it something had been dono for which a remedy was now sought, or that the solicitor receiving tho money paid into court should be ordered to return it. His Worship: This is an action, I understand, for tho recovery of money paid out. by the clerk of the court in mistake? Mr. Coleman said that that was so.

Mr. Burnard remarked that the action 'wont further, and was ono to compel Finn (solicitor) to return the money. Mr. Coleman: It's nothing of tho kind. His Worship noted Mr. Burnard's objection. Mr. Coleman said that the case aroso out of an action in which: Dr. Hallcn claimed .£25 from Mary Mackenzie, and tho hearing was set down for January 18. Her solicitor paid into court .£lO in satisfaction of the claim, but she did not liio tho nccessary notice of defence, and tho usual terms were granted, viz., that Iho balance should bo paid into court to abide tho event. According iilaintiff paid in .£ls and costs .£1 10s. Gd. Tho case was subsequently adjourned for evidence to -be taken at Auckland. Notice of tho payment into court was filed with a footnoto "to abide the event in this action." Tho moneys were lifted from tho court by Dr. Hallen's solicitor (Mr. Finn) in February last, under a misconception of the purpose for which tho money had boon paid in. For the sake of conformity, the clerk of the court, and Mrs. Mackenzie had ten joined as plaintiffs, and, also for the sake of conformity. Mr. Finn had been joined with Dr. Hallen as defendant. Application had been made to Mr Finn for tho return of the money, but no doubt acting in tho best interests of his client, ho felt justified in refusing <o Afte"Tearing lengthy avidence and legal argument his Woiship reserved decision.