AN IMPORTANT DECISION

Wairarapa Age, Volume XXXII, Issue 10035, 8 July 1910, Page 3

AN IMPORTANT DECISION

An important point of procedure in connection with the filing of notice of defence in the Magistrate's Court was decided by Mr C. n >. Graham, S.M., at Masterton, yesterday. The case was one In whic/i James Cress, as late proprietor of the former Empire Hotel, Mastfrton, and Albert Felix Smith,as executor of the estate 3 of hi 3 deceased father, T. P. Smith, for the sum of £4O, part alleged to be due as training and other fees for the racehorse Rongo&oko, and the balance of £23 for the board and lodging of the said deceased. Mr C. A. Pownall appeared for plaintiff, and Mr G. H. Cullen for de- I fendant. As defendant was a day | late in filing his notice of defence, I special application was made to the ' Magistrate for leave to defend. Mr Pownall opposed the application, and in support of it Mr Cullen quoted authorities to show that the procedure of the Supreme Court in such cases was invariably to give leave to defend on defendant paying the costs incurred as a result of his | neglect. An affidavit was filed-sett-ing, out that defendant lived along distance from the Court, and that ha - had a good defence on the merits. [ The Magistrate decided to grant the application, leave being given the defendant to defend, wiih costs in plaintiff's favour totalling £1 9s The effect of this decision is irapoitant, as it was held in a recent case that where a defendant had failed to file his notice o£ defence the plaintiff ~ was entitled to judgment by default. e