District Court.

Manawatu Herald, Volume III, Issue III, 25 March 1890, Page 2

District Court.

■ « — — •* PALMEBSTON NORTH., WEDNESDAY (Before bis Honor Judge Kettle ) MCKEK V.JACK ; Jas. MoKeev J. Jaok, claim £122. The claim was £100 for breach of contract, and £22 for work and labour done. Mr Baker for plain* tiff ; Mr Skerrett for defendants. Before the case was opened, Mr Skerrett stated that it was. necessary an affidavit bhould be filed where the defendants were at the time of issue out of the jurisdiction of the Court. The defendants were at- the time of issue beyond the jurisdiction of the Court, and no affidavit had been filed. Mr Baker said the defendants were at the time of issue flaxmillers at Moutoa. He submitted it vac sufficient for the purposes of the Act that the defendants should be carrying on business within the district. He asked for an adjourn' ment of the case in order that authorities might bo looked up,— -a

Mr Bfc^to objected. •" " j|j.iteker Baid. he was prepared to eiow tbat carrying ou busiV ne jf within the district was sufficienl forthe purpose oi the Ac, -H« B>nor asked Mr Baker if ho couW glow that carrying on business .wai tie same as residing within tht leaning tl fcho Aot. —Mr Baker said la wai, but tie had not the au uoriti«*by him at present. He £ked permission to call Mr Jack. Mr Jack, in answer to Mr Baker, feid he and his brother owned a faxmill at Moutoa. He h.d stayed ai the flaxmill for $ couple cf dayi at a time at diffarerii periods, but Jbad never taken up his residence there. Could not say whether or not he was not at Moutoa at -the . - timeof th« issue. In answer to Mr Skerrett, Mr Jack said he lived 1 •' fy Wellington, Nfchjbrei he carried on business. Mr James Jack gave similar evidence. Mr Baker asked for an adjourn* ment till next morning. — His Honor would allow the adjournment, but remarked that he had no doubt about the point. No affidavit of jurisdiction had been filed, and the . «?aae could not be proceeded with. He did not wish to hamper Mr , . ( BAk«ri^anyway, but he was fully ; ' satisfied on the point. Case struck out, with costs against plaintiff. ' ... MANAWATU STEAM SHIPPING COM- • . ■.■■:.■ PANT. : The Clerk was authorised to examine the liquidators and accounts of the Company, with the object of haviiig au order made for the final winding up of the Company. — M. Times. ...