AN IMPORTANT POINT.

Stratford Evening Post, Volume XXXVII, Issue 28, 3 October 1913, Page 6

AN IMPORTANT POINT.

IN JUDGMENT SUMMONS CASES

[ The judgment summons case W. Harris v. Mark Cronin was concluded at the Court this morning. Judgment had been given for £1 8s Id in respect of a debt owing to one Towler, a Whangamomona trader, and assigned to Harris. At the first hearing Cronin did not appear, but at the judgment .summons hearing he produced a receipt for £1 signed b'j Mrs Towler, and gave evidence that he had paid the balance but had lost the receipt. The case was adjourned to enable judgment debtor's statements to be investigated. Mr Macalister, who appeared for judgment creditor, stated this morning that Towler's books had been destroyed in a fire, so that no light could be shed on the matter from that quarter. There was no evidence of t!i payment of the Ss Id. If an order were "made for the payment of that sum credit would be given for the £l. which appeared to have been paid. He contended that the Magistrate could not hear evidence tending to contest the validity of the judgment. There would be no security for judgment creditor if tae validity of a judgment could be attacked on judgment summons proceedings.

The S.M. said lie had no intention )f dealing with the judgment, but in ;he present proceedings, to guide him is to making, an order, it was necessary to go into the whole of the sur•ounding circumstances, and he would not make an order if he had reason to believe-that the amount had been paid. No substantial evidence had '>een produced of the payment of Ss Id, and an order would be made for the payment of that amount, costs totalling £1 6s Id being allowed igainst judgment debtor.