ACTION AGAINST KUBELIK

Taranaki Daily News, Volume LI, Issue 169, 8 July 1908, Page 4

ACTION AGAINST KUBELIK

Al'Pid CATION FOR ARRKST Rr.Kl.-M-.0.

Uy Telegraph. i'ress Association, Wellington, Tuesday. In Chambers yesterday before Judge Dcnniston a jilini-o of the action of Hugo (jorliu v. Jau Kulielik, violinist, wan considered. I'liiiiitil!', uy ex parti' application, asked I'm- » writ under seclion IT, of llie Imprisonment fur JJebt Abolition Act !." arrest and imprison defendant unless and nuti) he should give seenrily that he would not go out' ol New Zealand without the permission of the Supreme Court. The Judge reserved ihis derision till to-day, when he refused Ihe order. In his judgment his Honor said file action was for damages for alleged lireaeli hy defendant of a verhal agreement alleged to liave been made by him in Chicago in-luoii for a concert tour of Australia and New Zealand in ilnit year. The ground ol application was that defendant was about to unit New Zealand unless Jie was apprehended, and that his absence from New Zeaiuiul would materially prejudice plaintill' in the prosecution ol his: claim. The Judge said there was no suggestion that defendant was leaving New Zealand to avoid his alleged liability to plaintill' or otherwise than in the regular coins,; of his engagements. JJis Honor bhcrcl'or,. ,li,| m ,t think it suflieicutly shown that the absence of defendant would prejudice plaintiff in the prosecution of the action. The application would therefore be dismissed.