A.Legal decision.

Manawatu Standard, Volume 4, Issue 124, 2 May 1883, Page 2

A. Legal decision.

[Wellington Pnper.] Four members of a firm m Wellington were summoned m a debt case ; but though the summons stated the surnames of each partner^ not one of the Christian names was given. The Bailiff of the Resident Magistrate^ Oonrt served the summons on one partner resident m the city, and the case against him 'came before the Resident ..Magistrate, yeaterdav. Mr Hardcastie objected to have the case tried m that form, savin r the surname alone was not a sufficient identification of the partner who had been served. A lth or gh the bailiff had made affidavit that he had served the person therein described as Mnlcolm, yei there miyht be a Malcolm employed as clerk by the firm, »nd if distress were issued for p»vment of the debt now sued for the clerk's goods might be seized instead of th" c" plover's. The solicitor for the plaintiff argued, however, that no mistake could be made m serving a summons on one of the four paitners, because the Malcolm named m the summons could mean no other than the

Malcolm who was a member ot th it fir Mr Hardcaatle rul«d that the service was not good, and the term of service was therefore enlarged, with leave for plain* tiff to amend the summons by inserting the Christian names.