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Ex Parte James 1947 (2) PH M42 (TPD)
Ex Parte James 1947 (2) PH M42 (TPD)
The matter was provisionally before the Court in 1939 and was
postponed sine die. On 13th March, 1941 , the application was
renewed, and a rule issued calling upon all persons io show cause
why an order should not be -ade presrrming the death of Jack
James as having occurred on 23rd 1une, tllS, Jnd ordlring tfoitt"
amount of a life policy taken out by him with the soutfr African
Mutual Insurance society and ceded to applicant (his mother) ritouia
be paid to applicant. In rerms of the oi8er, service was efrected on
the Society ail_ts ofices in Pretoria,and published in a Johannesburg
newspaper. The Society appeared to oppose the application.
, Applicant alleged that o1 23rd June, 1938, her son, Jack James,
rvho was in Durban, went for a bathe and did not ieiurn.- The
coast had been searched by aeroplane, but no trace was found of him
acd he had not been heard of sinte.
Ordered:
No order. Petitioner to pay the costs of opposition incurred
by the South African Mutual Insurance Society.
For applicant: W. J. Smith, instructed by Niemeyer, Steyn &
Metelerkamp.
For respondent: Q. de Wet, K.C., instructed by Rooth U
Wessels.