M.P. AND CREDITOR

Dominion, Volume 11, Issue 73, 19 December 1917, Page 4

M.P. AND CREDITOR

UNUSUAL JUDGMENT SUMMON^ A case that has aroused somo intow est in Christchurch _waß mentioned ir<tho Wellington Magistrate's Court ye»» terday. F< D. Kesteven, money-lender, of Christchurch, is asking for a judgment summons against J. M'Combs, M.P. for Lyttclton, for a sum of £9212s. In February last defendant confessed judgment for £91 125., duo to plaintiff on two promissory notes. The case was called on in tho Christchurch! Magistrate's Court early this month, and an adjournment of a fortnight was granted on tho application by letter of tho debtor. Tho case was called again last week and tho Magistrate stated! that ho had received a letter front M'Combs asking that the case should be adjourned, as he was unable to leavo Wellington owing to illness. The Magistrate adjourned the case to Wellington for December 18. When tho case was called yesterday, before Mr. W. G. Riddell, S.M., Mr.: A. H. Hindmarsh appeared for thef debtor, and Mr. R. A. Howio for tha judgment creditor. Mr. Hindmarsh said he had received a note froin the Clerk of the Court iiX Christchurch telling him the case was coming on. Ho did not know whera Mr. M'Combs was, and ho did noil, think tho Wellington Court had any.

jurisdiction to hear tho ca6e. Mr. Howie said the case had been! twice called in Christchurch. The dob--tor bad written ,that ho was unable td leave Wellington owine to illness, and had asked that it should be further adjourned, or in the alternative refers ed to Wellington. Tho case had been; referred accordingly. Mr. Hindmarsh: Ido not know where ho is to communicate with Mm. I musthave an opportunity to communicate with him. Ho was in Wellington a week ago. ' j Mr. Riddell: The debtor was served in Christchurch in Juno last Mr Howie: Ho' seems satisfied to keep on writing to the Court about it, 1 think ho knows mute well that tha casa ia on this morning, and is trying , Mr. "Hindmarsh argued that tha 'Court had no jurisdiction. fho law made no provision for a transfer irora one city to another. ' Mr. Howie: M'Combs applied to havo tho case beard up here, as ho said be could not go to Christchurch Mr. Hindmarsh: He lias not applied. Mr. Howie: He wrote to tho UerK of tho Court. Ho also wrote to Mr. Thomas, who represented the plaintitt, and asked for the transfer. ! Mr. Hindmarsh said that a serious injustice might be done by publishing in tho newspapers an order that) M'Combs must go to gaol It was for tho plaintiff to satisfy the Court that it bad jurisdiction. The statute in a semi-criminal case must be very carefully followed. The presence of M'Combs was necessary. "I am only here as amicus curiae," added Mr. Hindmarsh. "I bavo not got any instructions. M'Combs camo in and asked me about tho case. . I camo to tho conclusion that the case could not; bo transferred, otherwise M Combs probahlv would have been here to-day. I don't know where he is. • Mr. Howie: M'Combs wrote asking to have the case brought here. • Mr. Thomas, for the plaintiff, opposed the request, but the Magistrate adjourned the ease to Wellington. . Mr. Hindmarsh: M'Combs is really ill, and ho sent a doctor's certificate down. I saw the certificate. The Magistrate said he had no down ment from the Christchurch Magistrate to show that the ease had.been transferred Ho would adjourn the case* until January 10. It did not appear that, either party would be prejudiced by the adjournment.