DISTRICT COURT.

Ashburton Guardian, Volume 2, Issue 285, 5 March 1881, Page 2

DISTRICT COURT.

ASHBURTON.— To-Dat. (Before His Honor Judge Ward.) LAKE V. m‘kERROW AND CO. The claim was for L 55 IGs 3d, and a set off for L 46 8s 9d was put in. Dr Foster appeared for plaintiff, and Mr Purnell for defendants. Plaintiff sworn, said he was a livery stable keeper at Rakaia. He did not write well, and he employed others to keep his books for him. The books produced in Court were the proper books of him business. The entries in them were made by parties who were instructed by ms, and the items of 1877 were copied from small passbooks kept by my son and myself. Witness was then examined at great length on the items of the account he claimed, all those which ho could’not actually swear to from memory being struck out. It appeared that the stable-book, which was necessary evidence of some of the horse hiring items had been left at home, and Dr Foster applied for an adjournment to have this produced. The adjournment was granted till next sitting day, with costs against plaintiff. m'AVEY V. MOUNT SOMERS ROAD BOARD. This claim arose out of a disputed contract, and was for LIBB 18s, Mr O’Reilly appearing for plaintiff, and Mr Purnell for defendant. Mr Purnell took exception to the particulars, which were not sufficiently explicit, and some of them were not dated. He asked for a nonsuit. His Honor said he could make nothing of the particulars, they were so incomplete, and the dates especially were absent.

Mr O’Reilly explained that his client had been engaged in the Orange and 'green riots at Christchurch, and when ho came back to his work he found his books in a state of confusion. Plaintiff being put in the box, could not enlighten the Court on the subject of the dates, and was ordered to stand down. Mr O’Reilly then said that the chief witness for his side was the last overseer to the Board. He, however, had met with an accident, and could not be present. His Honor wished to know what the accident was like. Mr O’Reilly explained that the accident was a judgment summons for L 27 that had been issued against the witnese ! _fM|^ 3)MI ing payment of which sum, the absentee would have to go to gaol for six month*--- A The Clerk of the Court corroborrated Mr O’Reilly’s statement, and after the witness’s name had been called by the crier, and no appearance put in, the case was adjourned, the particulars to bo amended, and a copy served within four- kJ teen days. „ ? IN BANKRUPTCY. : ; ; Be H. C. Williamson—Mr. O’Reilly applied for an order to show cause why ; an attachment should not issue against Andrew Oir, trustee in bankrupt’s estate, for disobeying an order of the Court for the payment of costs. His Honor said that Mr., Orr, being trustee, must obey the order of the Court, and the application would be granted. Be Richard Harold —Mr. Crisp obtained the usual order for payment of costs.