AN AMENDED CLAIM
SUMMONS TO SHOW CAUSE
..:. '-An.' interesting 'point' was raised at the fitting of the Supreme Court, in Chambers; before- liis :; Honor. • the ; Chief Justice yesterday : morning, when a.summons was brought forward by Mr C. W. Niekeri, of. Wellington, on behalf of the defendant, calling upon the plaintiff to show cause why the amended statement of claim filed on their bebalf in the action of Co© and Simmonds v. Simmonds, claiming £5Ol for- alleged slajwler, should not. be struck out, on the ground that by the allegation of slander such amended statement of claim sets up a new and distinct cause of action. Mr Nielsen contended the writ originally isr.u?d was based upon an allegation of libel, and the amended statement of claim, subsequently tiled, repeated the allegation of libel and added the allegation of slander. This, 'ft was held, did not constitute an .-.it.<«ihl- - but was an introduction into the action of a fresh cause, and could not, under the rules, be allowed. "
.His.'Honor .upheW the' contention, and ordered, the. ajnendcd statement of claim .to-be" t'tracfe' out.
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https://paperspast.natlib.govt.nz/newspapers/WAG19110330.2.20.19
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Wairarapa Age, Volume XXXII, Issue 10199, 30 March 1911, Page 5
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180AN AMENDED CLAIM Wairarapa Age, Volume XXXII, Issue 10199, 30 March 1911, Page 5
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