ABUSE OF COURT PROCESS

Dominion, Volume 13, Issue 134, 2 March 1920, Page 8

ABUSE OF COURT PROCESS

MAGISTRATE DECLINES TO HEAR A CASE. By Telefraph-Specifll Correspondent. Palmerston North, March 1. A case presenting unusual features came before Mr. G. L. Stout, S.M., at tho Palmerston North Magistrate's Court this morning) It was an echo of one heard here on February 2, when Ethel Maud Fabian applied for an order of scDaration from nor husband, Alexander Fabian, and- a maintenance order in respect of herself and her child. It was mentioned at tho hearing of the case that complainant wns ; a metaphysician and defendant a spiritualist. There were four children by a former marringo. After heariiiß the evidence of each side,' tho Magistrate dismissed the ease on that occasion, but later on proceedings were opened by complainant in Napier, and defendant, who was on board tho Sydney steamer with his four children by the earlier marriage, was. arrested and subseauentlv allowed out on bail. When tho case wns brought forward in Napier, the Mneistrato referred it back to Palmerston North. It was in consequenco of this that at thia morning's sitting in Palmerston North. Mr. Ongley, who stated that he was acting under instructions from Mr. Dolan, of Napier, applied for a hearine.of tho ease, j His Worship held that he had gone fullv into the case three or four weeks niro. and he did not wish to hear any more of it.

Mr. Onelev continued to make his application, but the Magistrate interrupted to 6av that what was proposed was an abuse of process of Court, and that if ho -heard the case again ho would bu acting as a Court of Appeal against his own decision.

Mr. Onglev then asked tho Magistrate to fix security for appeal, as his instructions were to go on with the matter.

Tho Magistrate: The case is struck'off as an abuse of process of Court. 1 refuse to bear tbo case or to fix security for appeal,