" JUDGMENT BY CONFESSION."

Pukekohe & Waiuku Times, Volume 7, Issue 355, 22 February 1918, Page 2

" JUDGMENT BY CONFESSION."

Unusual Sequel

Some interesting arguments of Counsel were hoard by the Magistrate (Mr Wyvern WiUon, S.M.) at the Pukekohe Court yesterday relative to the procedure t > he followed subsequent to a confessed judgment. Mr A. Hanoi, for the plaintiff, explained tha" the ue'ion in question conceine 1 a clain for shire of bonus arising from a shire m Iking agreement. The claim had been for £-3 i). which sum hid hem paid into C nut by defendant who conies-i >d judgment. In the m antiiue, however, he (Mr Hannaj had found that his client was actually entitled to £0.5 He submitted that there was a tuully no judgment until the same was entered up by the Magistrate and he therefore sought p amission to amoud the claim by incivasiag it to £[)■*). He pointed <ur 'hat the I words of the ciaim wer j '• £SO or in I the alternative a statemen' of a; - J counts '" mid if the Magistrate held that the claim could not be amended he asked that without rogarl to th>' payment of the £.50 the action shou! I tie allowed to stand for h. production of a .statement of ar. ui its by defondant. For the defence Mr H.tdd >w argued th it the sequel t > a con fessed judgment wis mat it should lie automatically entei d up an ; that accordingly such was a bir to further proceedings II" infimited that his client w.i« achnu in go >d faith and hid he -o wished could J have resisted the original eta in.

The Magistrate announ • d that he would reseive Ins decision as th> matter was one of eon.-iderable uuportatiep in which appiomtly there had been no previous ruling.

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