MAGISTRATE'S COURT

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

MAGISTRATE'S COURT

A FAMILY DISPUTE SON SUES HIS FATHER An unusual civil suit came under the notice of Mr. D. G A. Cooper, S.M., In the Magistrate's Court yesterday. The' parties to the dispute were Leo Francis O'Neill, plaintiff, and ■' Christopher O'Neill (father of the plaintiff), defendant, the amount claimed being £17 4s. Mr. E. J. Fitzgiblxm appeared for plaintiff and Mr.-P. W. Jackson for defendant.

! Plaintiff's evidence was to the effect that his mother and father hadheen separated some years ago, and that up to the time of his mother's death on December 25, 1914, she had been allowed los. a week maintenance from the father. At the time of her death £5 ss. maintenance was owing. His mother's illness had cost in medical expenses £14 145., while funeral expenses had added to this; His father had a cheque for £19 for payment of the arrears of maintenance and funeral expenses. This sum had only paid a. portion _of the expenses, and plaintiff accordingly claimed the balance, £17 4s. This amount had not yet been paid to the doctor or _ the undertaker. For plaintiff Mr. Fitzgibbon submitted that the primary duty to support the wife lay with the husband; and sueli being the case he was liablo for the amount claimed.

Mr. Jackson submitted that plaintiff must be nonsuited, as lie was not in a position to sue until the amount claimed hail been, paid to tlie persons to whom.it was duo. Mr. Jackson further submitted that defendant was not liable For the amount claimed, as he was separated from his wife at the time of her death. The Magistrate, although of tho opinion that the father should have paid the amount claimed, nonsuited plaintiff, as he (plaintiff) was not in a position to sue for the money until it had been paid. Costs were' not allowed defendant. OTHER. CIVIL OASES. Win. Lingard (trading as W. Lingard and Co.), land agent, sued Ernest Beauchamp Haro (trading as E. B. Hare and Co.), land agent, for £25, being, it was alleged, the amount agreed to be paid bj; the defendant to plaintiff for commission on tho sale of a certain farm near Pahiatua, the property of James Lomax. Mr. Douglas Jackson appeared for plaintiff, and Mr. T. Neave for defendant. For the defence it was contended that the purchaser of tho property was never introduced by plaintiff; that tho pro-' perty was sold by Hare and Co. before the purchaser had received any introduction from plaintiff. It was further objected that the parties had agreed to refer the dispute to the Land Agents' Association, and that the association bad decided against tho claim of the plaintiff. Tho case was adjourned till to-morrow for legal argument. The civil dispute in which the Clement Mason Cinematograph Company, Ltd., sued the Alhambra Picture Company, Ltd., for £70 was discontinued. Costs totalling £9 ss. were allowed defendants. DEFAULT DEBTORS' LIST. ' Judgment was given for plaintiff by default by Mr. D. G. A. Cooper, S.M., in tho following undefended civil cases: W. Wylie v. Wm. H. Tregoning, £1125., costs 10s.; Herbert Price v. H. "White, £4 lis. 4d., costs 10s.; New Zealand Consolidated Dental Company, Ltd., v. Jos. Peter Pedrazzi, £63 13s. 9d., costs £4 25.; Jas. Smith, Ltd., v. Thos. Evans, £6 65., costs £1 3s. 6d.; N. H. Jack v. H. T. Grahdin ana Henderson, £2 125., costs 10s.; Hallenstein Bros. Ltd., v. F. Munson, £1 17s. 6d., costs 55.; R. E. Howell v. Harold White. £7 155., costs £1 3s. 6d.; TJllathorne, Hartridgo and Company, Ltd., v. R. Chnlliner, £8 ss. 7d.,_ costs £1 3s. 6d.; J. F. Gillanders v. Private Donald Morrison, £6 10s., costs £1 7s. Gd. JUDGMENT SUMMONS. Magnus Badger (trading as the Wellington Auctioneering Company) was ordered to pay Macky, Logan, and Caldwell £58 18s". 6d., by August 17, in default two months' imprisonment. POLICE CASES. (Before Mr. D. G. A. Cooper, S.M.) Thomas Jackson Smith was charged with failing to comply with an order of tho Court made at Christchurch on July 25, 1915, for tho maintenance of his three children at the Auckland Government Receiving Home. Ho was remanded to appear at Christchurch. Myles Kerrigan was remanded to appear at Dnnedin on Friday next on a charge of being tho father of an unborn child and failing to make adequate maintenance for it when born.

For helpless drunkenness at Greytown Arthur Ross was ordered to pay the cost of curative treatment, £1 12s. Gd., in default 4? hours' 'imprisonment,. Two firs.t-=offgja.-c\iug TOO elegit mtV,