H. E. Bortrewatta v. SHrorr & Ca.
In this case the plaintiffs claim was for $5,000, damages for libel.
Mr. H. P. Wilkinson appeared for the plaintiffs, and Mr. T. Morgan Phillips defended.
The special endorsement on: the writ read, that the plaintiff claimed $5,000 for libel, for that the di ts, on or about the 20th day of December, 1904, feloniously and iously wrote and published of the plaintiff in the Gujrathi language the words following, that is to say: (Quotation in Gujrathi) which said words translated into the English language have and were understood by the persons to whom they were published to have the meaning and effect following, that is to say ola ing perfect coutideuce in Bottlewalla yon may not be placed in trouble: This gentleman has already served a sentence in gaol and from all these facts you will now. understand everything necessary and you must be cautions in your dealings with business so that others may not bring trouble and that you may not be entrapped." The defendants meani thereby that the plaintiff had undergone term of imprisonment as a felon, owing toa judgment of a Court of competent jurisdiction, that he was a person of bad character and not'to'be trusted. Whereby the plaintiff was injured in his credit and reputation and suffered damages.
Mr. Phillips said he wished to ask for pleadings in this aso.
His' Lordship—Yes, I think there ought tobe pleadings, unless you have strong objections, Mr. Wilkinson.
Mr.-Wilkingon—I have no objection, I have framed the writ in the usual way, with 'a special endorsement. stating my claim:
His Lordship said that if Mr. Phillips could now give his points of defence, that he could put them down,.they might go on.
Me. Phillips said He could not do that, Mr. Wilkingon said he did not object to pleadings, bint they should be in early in January and they could fix the case for the middle of January.
His: Lordship—The amount in dispute is quite a small one,' It is not a big case and it might be' possible to make the pleadings very short, Mr. Wilkinson said for his part the petition would be very little longer than the, particulars filed on the writ.
Mr. Phillips: hoped that the statement of claim would be a little more complete =a little fuller, The case was adjourned and pleadings ordered to be filed when the Court ro-opens after the vacation, Shanghai, 8th Docembei Before Sir HAVILLAND bin Sausxtanny, Iudge.
Caixa Gavort ann Exrort Traer "Ca AvretLants Axo DevENDAwrs.
Wane Cny Sam, Resronpent Ann Prarriry, Mr. M. Macleod appeared for the appellants and defendants, and Mr, J. C. Hanson for the respondent and plaintiff, 'Mr. Macleod said this was' an apponl from a judgment of sin Court refusing to fa writ in this action. issued by H. B. M. Court at Tientsin on the 10th year and claimed for broach of provisions of a contract dated the 26th of June, 1905. The claim was for Tls. 27,000. The motion was that rvieo of the writ in this action be as the defendants were not "in the jurisdiction of the Court. Afterwards it was amended to the effect that the ved was not the proper person served. with this writ, That, was the motion in the Tientsin Court; and judgment was delivered by the Consular Judge on the 16th of November. (Counsel read the judgment.)
His Lordship said it came to this that supposing he, held the service of Mr. Roding to be bad at that time but that the Corporation was in the ju of the Court, it would result in serving Mr. Roding over agai Mr. Macleod said the; question was.as to whether Me. Roding was the person to 1y|be served. Counsel would argue- that the writ could not be served on anybody at Tientsin and therefore the-Tientsin Court could not exercise jurisdiction.
His Lordship—Would -you be satisfied if the case was tried in the Supreme Court Mr. Maclood—Yes, I have suggested that the action should be transferred and iz the appeal not go. on.
Supposing your Lordship upheld the judgment, I should spply then to have this: action " traneferred.
His, Lordship asked—You.- do: not object to having the case tried in China?
Text read from the printed page and cleaned; old type leaves the occasional error.