FULL COURT

Dominion, Volume 10, Issue 3081, 11 May 1917, Page 7

FULL COURT

A MASTERTON MATTER

THE FOREMAN CASE

The Full Court was yesterday moved for a. nonsuit in the Masterton case Thomas Jones v. David William Foreman, an action for alleged malicious prosecution. ,

The Chief Justice, Sir Robert Stout, presided, and with him Their Honours Mr. Justice Edwards and Mr. Justice Chapman wero on the Bench.

Messrs. T. M. Will'ord, P. Levi, and P. J. Hollings appeared for Jones, who is a motor ' salesman, of Masterton. Foreman, a farmer residing at Miki Miki, Masterton, was represented by Mr. A. Gray, K.C., and Mr! H. C. Robinson (Masterton).

Mr. Gray said that Foreman, accused, of being the father of- an illegitimate child born to his housekeeper in his house, strenuously denied tie charge, and after exhaustive inquiries came to the conclusion that Jones was the father of the child. He laid a complaint against Jones, alleging that the latter, being the father of an illegitimate child, had failed to provide maintenance. December 15 was fixed 1 for the hearing :of Foreman's complaint against Jones. Before that date the rnother of the child laid a complaint against Foreman, and this case also was set down for hearing on December 15. On December 15 the partics attended before the Magistrate, and' 'Foreman, through . his solicitor, withdrew his complaint, it being stated that he was satisfied that all tho facts he wished to be brought out would be brought out in the hearing of tho girl's information. The proceedings of the girl against Foreman went on, I andi after an eight days' heating tho Magistrate adjudged Foreman to be'the father of the child, and made an order against him. ' Foreman at ence garo notice of appeal, and his appeal against that order was yesterday still pending. Jones'early in this year issued a writ in the Supreme Court in an action against Foreman, claiming damages. In'the' statement of claim' he alleged that Foreman had prosecuted him falsely,' maliciously, and without reasonable cause. Jones claimed £42 legal expenses and £2000 damages. Tho action was tried before Mr. Just/ico Chapman and a jury at Masterton ,in March last, and at the close of Jones's case'the defendant Foreman moved for a nonsuit upon' four grounds,, two of which wore decided against him and two reserved. The jury found a verdict for the plaintiff for £750 general damages and £21 speoial damages. Mr. Gray moved.' under permission granted' at the trial at Masterton, for a nonsuit upon tho grounds that the statement or claim disclosed no cause of action, aaid' that there was no evidence of damage requisite to maintain the aotion. In the alternative ho moved for judgment for the defendant upon the same grounds; or for a. new trial on the grounds that the verdict was'against the weight of evidence, and that the damages were excessive. The Court heard argument for and against the motions. Judgment was reserved.