SERVING A SUMMONS.

Stratford Evening Post, Volume XXXII, Issue 44, 16 February 1912, Page 5

SERVING A SUMMONS.

s ( J nobloß aiH i .Wo odl .■ I A PECULIAR POSITION IN A COURT CASE.v.I r, :

INTERESTING ARGUMENT,

A peculiar position arose in the Magistrate’s Court this morning, when the case of W. Lovett -v. -W. G Wilson, of Whangamomona, was called. • JA, ‘ ■ c: ,

it was pointed out that the sum : rnons was not properly served, in that five clear days had not been allowed before the date of hearing. Mr Spence, appearing for the judgment debtor, said his client had a. grievance, since, he had been sued for £-1 when ho owed only £2, the sum ci £2 having been paid off the debt. Mr. Fookes, appearing for the judgment creditor, admitted that this was the case. He had made all the reparation ho could. He pointed out, however, that the debtor had accepted the summons and the conduct money. He asked what happens about the conduct money. The Magistrate said there would he no need to pay it again. Mileage had been paid, and in re-serving the summons there could be no more mileage charged. The constable would have to bear that loss himself. Mr. Fookes explained that the debtor had filed no defence of the original summons, and had made no complaint that the amount sued for was more than he owed to the plaintiff. Mr. Fookes, continuing, said that he had no desire to sue for any excessive amount—it was not his practice. Mr. Spence Remarked that he was not reflecting on Mr. Fookes or his client, but was merely stating the grievance. The Magistrate: The summons has not been served.

Mr. Spence; Yes; it has! The Bench: It’s a bad service. There has been no service, because it war not in time. It was not served. He’ll have to be re-served. Mr. Fookes said ho was willing to give credit for the £2. No additional expense had been incurred through the misunderstanding. Mr. Spence: He’ll want more conduct money. He’s here on his conduct money to-day. Mr. Fookes: On a nullity.

His Worship: He’s not here at all as far as the Court is concerned. He’s not in the Court. He’ll have to receive his conduct money.

Mr. Fookes: Who’s to pay itp I can’t. If the Court likes to make him a present of 10s it can do so.

The Magistrate said that he would direct that the summons be served again, and the constable would have to pay the conduct out of his own pocket. The constable knew that he could not serve the summons after a certain date.

Mr. Spence: “I told the debtor you’d probably do that, your Worship, and lie said ho would be sorry for the constable.’