LAW REPORTS

Dominion, Volume 8, Issue 2531, 4 August 1915, Page 11

LAW REPORTS

SUPREME COURT

MANDAMUS GRANTED

Reserved judgment was delivered by His Honour the Chief Justice (Sir Robert Stout) in tho Supreme Court yesterday morning in connection with the application by Thomas Franklin Boyd, of- Upper Hutt, blacksmith, for- a ivrit of mandamus to D. G. A. Cooper, Stipendiary Magistrate at Tipper Hutt, to hear and determine a claim made in the Magistrate's Court.

Mr. R. Kennedy appeared for the plaintiff in support of the application and Mr. T. Neavo on behalf of C. M. Palmer, one of tho defendants in. the claim referred to.

. Tho aotion arose out of an alleged breach of agreement by C. M. Palmer and W. I. Scanland, hairdressers,, of Upper Hutt, in that they failed to keep open premises as a barber's shop. On this ground T. F. Boyd had proceeded against them to recover the sum of £78 as damages. The Magistrate, who declined to say whether tho document brought before him was a deed, a lease, or an agreement to lease, refused to hear the case on the ground that he had no jurisdiction. He awarded costs against tho plaintiff Boyd. Hence the motion for a writ of mandamus. ' ,

His Honour granted the motion and ordered the defendants to pay the costs in;the action below, and six guineas costs of tho motion.