RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume I, Issue 17, 4 November 1879, Page 4

RESIDENT MAGISTRATE’S COURT.

ASHBURTON, Monday, Nov. 3rd. (Be ore Mu F. Guinness, R.M.) CIVIL CASES. Grigg.v. Orr & Co. —Interpleader case. Mr Crisp for plaintiff and Mr Branson for defendant. For £BB 7s 7d for goods seized under a warrant in re Orr & Co. v. Heron, and to compel restitution of same. 0. B. M. Branson, bailiff of the Court, produced a warrant taken out against the goods of James Heron by Orr & Co. Certain horses and goods were seized under the warrant a list of which was read. The goods were seized on Heron’s farm, Longbeach, by Henderson, and assistant bailiff. They were seized on Oct. 23rd. Witness did not know of the existence of the warrant until the day after the seizure. Went to Heron’s on the 2&th, and took possession of the goods then. Removed the goods under the warrant to Ashburton. Have since had notice from Mr Grigg that he had a claim <m the goods. James Heron deposed to have been working on Mr Grigg’s land for some time. Gave up possession of his farm in April last, t> Mr Grigg. Had some horses, drays, Ac., which I sold to Mr Grigg. The goods described in the list produced never belonged to me, except a grindstone which was a fi v t ure. Was present when the bailiff seized, and told him the goods to Mr Grigg. Since I sold out to Mr Grigg I have been working for him. Examined by Mr Branson : I bought some land from Mr Grigg about three yearn ago 1 never had a title or agreement. 1 signed over my claim to it, as 1 was not able to keep it up. I got £1 for giving it Imck. I owed him about £6OO. .1 owned h< rses and ploughs about that time, 5 horses and a quantity of harness. I sold all the property to Mr Grigg. I got a cheque from Mr Grigg for the value of them, and paid it back to reduce my debt. After & deal of hesitation witness said—l paid the cheque in Christchurch to Mr May, the agent for Longbeach Station. J yaid it voluntarily. I stayed on the land afterwards, and got horses and gear from Mr Grigg t > work the laud—about two months after 1 sold my horses. I was to work the farm with them. There is no agreement between us. Mr Grigg vould now turn me out without paying wagws. I get what goods I reouire at the station. Orr and Co., aud Jameson Brothers both refused to give me a double-fuiTOW plough on credit. John Grigg : I am proprietor of Lnnglieach, and know Heron’s farm. He had got about £6OO behind in his payments, and as he had taken the crop off, I gave instructions for him t > abandon the land, which was done, and he has since been fanning it for me, and I have found everything necessary to work it. The goods described in the list are my property, and were never Heron’s. Cross-examined by Mr Branson: I have no definite agreement with Heron as to payment. The amount I will pay liim in April next will be according to xesults. 1 should say ho has now a 1 alance to his credit after paying his store 1 do not stand in the position of a creditor now, but as a debtor for labor.

Mr Branson drew his Worship’s attmtion to the fact that the terms of the Act had not been complied with. Judgment by consent for plaintiff, witlnni costs, the goods to be returned to tr Grigg. Mr Crisp applied for a new trial. James Heron was then put in the box, :and aw< >re he had never been served with ai sum-uo'is 4on which the was ■obtained. MrOrroune to my place, and pointed out a summons ha had taken out :£or me, but he did not give it to me. Mr John Orr said Heron came to his office and stated what his liabilities and assets were, the latter being nil, and I Unaided him a summons, but 1 don’t think Ihettook it. Implication refused.