SUPREME COURT.

Manawatu Herald, Volume XLVII, Issue 2976, 17 December 1925, Page 2

SUPREME COURT.

PLAINTIFF AND COUNSEL FAIL TO .APPEAR. When a case, I*. 1L Heap v. A. Inge, a claim for £22 fi 12s (Id, allegedly due by an estate of which defendan! is executor for wages and -hare of profits from a farm, was called at the Supreme Court on Monday afternoon before His Honour Mr. Justice Ostler (says tho Stand;)!dj, Mr. Cooper rise and said that he appeared for defendant. Plaintiff and his solicitor, Air. Ilolliiigs, he continued had failed to pul in an appearance, although they had had advice that the case was listed for that afternoon. Counsel accordingly asked that the.case be struck out.

His Honour: I don’t feel like striking it out, although you are entitled to costs for the day. After further comment, llis Honour made an order for costs £5 5s and witnesses’ expenses for the day, saying that if plaintiff and his counsel failed to appear next day, he would consider the application to strike the ease out.

When the adjourned case, was called at the Supreme Court on Tuesday afternoon, plaintiff and his counsel, Mr. ITollings, again failed to put in an appearance. His Honour struck the case out, with the proviso that, if plaintiff could show good cause for liis not being represented, be could proceed at the next sittings. Costs were given to defendant, with witnesss’ expenses and disbursements.