Thursday, before his Honour Assistant' Judge King, W. M. Howes was the plaintiff "in action against his _mothxx, Mrs. Mary Howes, (now ira, Olsen). Mr. A. Covey appear-for the plaintiff "and the defendant was not present or repre-rented, The claim is in respect of retain property alleged to have veqn left to the plaintiff by his ther: the mother being adminiswratrix of the estate. The value of she property, the title of which is n dispute, is assessed at Ts. 1,677. 10 and at the time of the death of who testator is said to have been rained at Tis, 1,500.
His Lordship pointed out to Mr. Jovey, that Mrs. Howes, the present itts,, Olsen, had refused to accept service of the writ on the grounds hat she is now an American citizen eaving married Mr. Olsen in 1911, Mirs, Olsen was, therefore, no longer subject to the jurisdiction of H. M.
Mr. Covey said th Olsen was granted 0 administration of the property in 1906, he was of opinion that she: was still subject to the jurisdiction of the British Court. His Lordship Aisagreed and quoted an instance of 1 man who had been committed for anal by a lower Court on a charge a£ murder, and who, prior to being drought before the higher Court had thonged his nationality, wherefore the presiding Judge could not try' the ense, Mr. Covey:—But this is enrively different!
His Lordship:—No, it isnot. Only' Britons and persons who are afforded protection by the British Government under the Orders in neil are under the jurisdiction Court, Covey:—The plaintiff is a British subject!
His Lordship:—Yes, but the Court must be satisfied that the defendant is a British subject and not the plaintiff. This ease cannot be heard in this Court and you must take it the American Court, After further argument, his Lordship dismissed the case.
Mz, Covey:—May I appeal?
His Lordship:—You can do what you like, Mr. Covey, but you had better look up the law first,
Text read from the printed page and cleaned; old type leaves the occasional error.
