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This Afternoon. Wellington Races. Wellington, Afternoon.- —In - the Hurdle Race Clarence was first ; Agent fell at the last hurdle.
An important question of jurisdiction was raised in the Patea R.M. Court this afternoon (during suspension of the libel case) in the civil suit Dale v. Cross. Mr Hamertan was for plaintiff, and it appeared the claim was for £2O and interest at 8 per cent, for loss sustained by 4,004 feet of timber (part of a large order) being carried from Wanganui to Lyttelton in defendant’s vessel, the timber being so forwarded by the railway authorities by error instead of forwarding it to Patea. The defendant had stated by letter that he was expecting from Lyttelton an accountsales of the timber, and it was argued that he had therefore exercised ownership, and was converting the timber. The plaintiff said he had paid for the timber, and now sued Mr Gross, as forwarding agent, to account for the timber or its value. Mr- Hutchison appeared for defendant, and objected to the Court’s jurisdiction, the cause of action not arising here. He argued that the conversion occurring in Lyttelton, through an intermediate agent, this Court could have no jurisdiction. Mr Wray, R.M., was of opinion that the ; transactions as a whole did arise .in Patea.Court had jurisdiction. - Mr: Hutchison said he would take proceedings in the Supreme Court, if this Court claimed jurisdiction. Mr Wray said the question of jurisdiction was important, and he; would suspend the further hearing until the defendant had raised hi the higher Court the question of jurisdiction.
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https://paperspast.natlib.govt.nz/newspapers/PATM18820203.2.17
Bibliographic details
Patea Mail, 3 February 1882, Page 3
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262Latest TELEGRAMS Patea Mail, 3 February 1882, Page 3
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